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HomeMy WebLinkAbout10/21/2008 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 21, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can. occur up to 24 hours prior to the meeting. Revised agenda items appear in • italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. leaking at Meetings If you are interested in speaking to the Council during Call to the .Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness; propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from. the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are . wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large pnnt, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -October 21, 2008 -Page 1 of 271 • special services are available upon prior request to the Town Clerk at least l0 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, October 20, 2008, 7:00 PM, at the Marana Municipal Complex, the. Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA • CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA • The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent Regular Council Meeting -October 21, 2008 -Page 2 of 271 • agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2008-132: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 14 (Club) liquor license submitted by Kenneth Willard Depew on behalf of The Ritz-Carlton Golf Club, Dove Mountain located at 6501 Boulder Bridge Pass (Jocelyn C. Bronson) C 2: Resolution No. 2008-133: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by William Ward Mack on behalf of Dove Mountain Grill located at 12130 N. Dove Mountain Blvd., Suite 194 (Jocelyn C. Bronson) C 3: Resolution No. 2008-134: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stephen Sherwood Baker on behalf of Monsoon's Grill located at 8235 N. Silverbell Road, Suite 105 (Jocelyn C. Bronson) C 4: Resolution No. 2008-135: Relating to development; approving the release of a Private Improvement Agreement for Safeway Store #1749, acceptance of public improvements for maintenance (Keith Brann) C 5: Resolution No. 2008-136: Relating to Development; approving and authorizing a development plan for the Paley Building (Kevin Kish, AICP) C 6: Resolution No. 2008-137: Relating to the Police Department; approving and authorizing the appointment of three Council members to the Contract Review Committee for the Meet and Confer Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; approving and authorizing the appointment of one of those Council members as chair of the Contract Review Committee; and declaring an emergency (Deb Thalasitis) C 7: Minutes of the September 3, September 16, and October 7, 2008 regular council meetings and the September 9, 2008 special council meeting COUNCIL ACTION A 1: Resolution No. 2008-138: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit fora 24-hour fitness studio in a commercial .development at 8235 N. Silverbell Road (Lisa Shafer) A 2: Resolution No. 2008-139: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit for the operation of a car wash within the Safeway Plaza, a commercial development at 9140 N. Silverbell Road (Kevin Kish, AICP) A 3: Resolution No. 2008-140: PUBLIC HEARING: Relating to development; approving and authorizing a conditional use permit to allow the development of anew wireless communication facility at 5541 W. Linda Vista Boulevard (Lisa Shafer) . A 4: Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Regular Council Meeting -October 21, 2008 -Page 3 of 271 . Communication, Inc., for the lease of a cellular telephone tower on land owned by the Town. of Marana at the Hartman Hills water reservoir site (Frank Cassidy) A 5: Resolution No. 2008-142: Relating to development; approving and authorizing a preliminary block plat for The Villages of Tortolita, blocks 1-48, well sites l & 2, and common areas 'A' through 'H,' 'J' and 'K' (Kevin Kish, AICP) A 6: Resolution No. 2008-143: Relating to development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 1-61, Common Area 'A' (Private Streets), and Common Area 'B' (Functional Open Space) (Kevin Kish, AICP) A 7: Relating to Mayor and Council; authorizing and directing the Manager to execute the logistics for a Town Council strategic planning retreat not to exceed $9,500.00 in total cost (Gilbert Davidson) A 8: Resolution No. 2008-144: Relating to Mayor and Council; amending the implementation of Mayor and Council vehicle and phone allowances under Resolution No. 2008-86; adopting an alternative Mayor's .vehicle allowance; and declaring an emergency (Frank Cassidy) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS • E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive session pursuant to A.R.S. § 38-431.01(A)(4) for discussion and consultation with the town's attorneys regarding negotiations with Cortaro-Marana Irrigation District and Cortaro Water Users' Association arising out of the 1997 intergovernmental agreement between the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) • ADJOURNMENT Regular Council Meeting -October 21, 2008 -Page 4 of 271 • 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item C 1 From: Jocelyn C. Bronson ,Town Clerk Subject: Resolution No. 2008-132: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 14 (Club) liquor license submitted by Kenneth Willard Depew on behalf of The Ritz-Carlton Golf Club, Dove Mountain located at 6501 Boulder Bridge Pass Discussion: • Kenneth Willard Depew, on behalf of The Ritz-Carlton Golf Club, Dove Mountain is applying for a new No. l4 (Club) liquor license for premises located at 6501 Boulder Bridge Pass. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". • The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-20 ] , 4-201.0 l , 4-203 ; Rule R-4- l 5- l 02. Regular Council Meeting -October 21, 2008 -Page 5 of 271 ATTACHMENTS: Name: ^ Reso-Approve Ritz Club.doc ^ Reso=Disapproval. Ritz Club.doc ^ LC Ritz.pdf Description: Ritz-Carlton Liquor Lic-Approve Reso Ritz-Carlton Liquor Lic-Disapproval ftesa Ritz-Carlton Liquor Lic Application Staff Recommendation: Type: Resolution Resolution Backup Material Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-132. • Regular Council Meeting -October 21, 2008 -Page 6 of 271 • MARANA RESOLUTION N0.2008-132 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR ANEW NO. 14 (CLUB) LIQUOR LICENSE SUBMITTED BY KENNETH WILLARD DEPEW ON BEHALF OF THE RITZ- CARLTON GOLF CLUB DOVE MOUNTAIN ,LOCATED AT 6501 BOULDER BRIDGE PASS. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kenneth Willard Depew has applied for a new No. 14 (Club) liquor license on behalf of The Ritz-Carlton Golf Club, Dove Mountain, for premises located at 6501 Boulder Bridge Pass; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 6501 Boulder Bridge • Pass for 20 days along with a statement requiring any bona fide resident residing, owning, or ].easing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town. Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 14 (Club) liquor license for The Ritz-Carlton Golf Club, Dove Mountain, filed by Kenneth Willard Depew for premises located at 6501 Boulder Bridge Pass be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 14 (Club) liquor license for The Ritz-Carlton Golf Club, Dove Mountain, filed by Kenneth Willard Depew for premises located at 6501 Boulder Bridge Pass. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of October, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 7 of 271 MARANA RESOLUTION N0.2008-132 . RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 14 (CLUB) LIQUOR LICENSE SUBMITTED BY KENNETH WILLARD DEPEW ON BEHALF OF THE RITZ- CARLTON GOLF CLUB, DOVE MOUNTAIN LOCATED AT 6501. BOULDER BRIDGE PASS. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kenneth Willard Depew has applied for a new No. 14 (Club) liquor license on behalf of The Ritz-Carlton Golf Club, Dove Mountain for premises located at 6501 Boulder Bridge Pass; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 6501 Boulder Bridge . Pass for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 14 (Club) liquor license for The Ritz-Carlton Golf Club, Dove Mountain filed by Kenneth Willard Depew for premises located at 6501 Boulder Bridge Pass be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application for a new No. 14 (Club) liquor license for The Ritz-Carlton Golf Club, Dove Mountain filed by Kenneth Willard Depew for premises located at 6501 Boulder Bridge Pass. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of October, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson, Town Clerk .Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 8 of 271 :~, r ARIZONA DEPARTMENT OF LIQUOR LICENSES & C~NTRnL 800 W Washington 5th Floor 4001N Congress #521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 {602) 542-5141 ~ {520) 62$-6595 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. t, 'I997, All Owners. Agents. Partners. Stockholders. Officers, or Mananers actively imrolved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the fast five years. Seepage 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: INTERIM PERMIT Complete Section 5 J.T.W.R.O.S. Complete Section S x NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 9S, 9T INDIVIDUAL Complete Section S PERSON TRANSFER (Bars & Liquor Stores ONLY) PARTNERSHIP Complete Section S Complefe Sections 2, 3, 4, 19,13, 95, 16, 97 ORPORATION Complete Section 7 ® LOCATION TRANSFER (Bars and Liquor Stores ONLY} MITED LIABILITY CO. Complete Section T Complete Sections 2, 3, 4, 92, 93, 95, 9S, 9T CLUB Complete Section 8 PROBATENVILL ASSIGNMENT/t3lVORCE DECREE GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 93, 95, 9T {fee not required) TRUST Complete Section S ^ GOVERNMENT Complete Secfions 2, 3, 4, 10, 93, 95, 16, 9T ~ OTHER Explain SECTION 3 Type of license and fees: LIGENSE #: ~ ~ ~ Q 3 a ao Department Use Onry 1. Type of license: SERIES 14 CLUB 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852} . SECTION 4 Applicant: (All applicants must complete this section) ~'~. ~~~~~ Mr. DEPEW KENNETH WILLARD 7. Applicant/Agent's Name: Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Parfiership/L.L.C.: THE RITZ-CARLTON HOTEL COMPANY. L.L.C. . ~ ~~~~ ~~ (Exactly as it appears on Articles of Inc. ar Artides of Org_} 3. Business Name: THE RITZ-CARLTON GOLF CLUB, DOVE MOUNTAIN ~ ~ 1 (~~~~~ (Exactly as if appears on the exterior of premises) 4. Business Address: 6501 Boulder Bridge Pass Marina Pima 85658 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (524} 572-351}0 Residence Phone: (520 )~~ 6. Is the business located within the incorporated limits of the above city or town? ®YES ~NO 7. Mailing Address: 10400 Fernwood Rd., Law Dept. 521923.37, Bethesda, MD 20817 Attn: K. Booker City State Zip 8. Enter the amount paid fora 06, 07, or 09 license: $ 0 (Price of License ONLY) Accepted by: ~1 t 1 Date: ~ ~_~ ~1~VLic. # ~ `--i ~- ~~~L Fees:~~~ $ { r'~C~~ Application interim Permit Agent Change Ciub F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS. AND CIRCUMSTANCES OFTEN RESULT IN A LONIGER WAmNG PERIOD_ - - - - -- - YOUARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LICOi000512004 *Disal]led individuals requiring special accommodation, please Gail (602) 542-9027. Regular Council Meeting -October 21, 2008 -.Page 9 of 271 _ ..~ SECTION 5 Interim Permit: • 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4203.01. 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. NSA 4. Is the license currently in use? 0 YES ®NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I NOT APPLICABLE ,declare that I am the CURRENT OWNER, AGENT, CLUB (Print fuA name) MEMBER, PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. State of County of X The foregoing instn>ment was acknowledged before me this {3ignature} day of , Day M,onih Year My commission expires an: {Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACk PERSON LISTED MUST SUBMIT A COMPLETED FORM °LtC0109°, AN "APPLICANT' TYPE FlNGERPRINT CARD, AND $29 FEE FOR EACIi CARD. • 1. Individual: Last First Middle % Owned Residenw Address Ci State Z VOT APPLICABLE Partnership Name: (Only the first partner listed will appear on license) ~ ~ ~ ~_ m - v ~ t.ast First Middle %Owned Residence Address Cit State Z~ ®~ NOT APPLICABLE ® 0 ^ ^ {ATTACH ADDITIONAL SHEET IF NECESSARY} 2. Is any person, other than the above, goirig to share in the profits/losses of the business? 0 YES 0 NO If Yes, give name, current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Residence Address C ,State, Zi Tele hone# NOT APPLICABLE • SECTION 7 Corpora#ion/Limited Liabiii#y Cos EACH PERSON LISTED MUSTSULiMIT A COMPt_ETED ~D 'rs4Ali'#PPk~"~Y~E-~IGF~2PRINT CARD, AND 329 FEE FOR EACH CARD. FOI'L'~4 '~ ® CORPORATION Complete questions ~, ~ 3, 3, 6, 7, 8. ®-L.L.C. Complete questions ~, 2, 4, 5, 6, 7 and attach copy ofArticles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: THE RITZ-CARLSON HOTEL COMPANY, L.L.C. (Exactly as tt appears on Articles of ]nc. or Articles of Org.) 2. Date Incorporated(Organized: 04/05/1995 State where InoorporatedlOrganized: DeIaWaCe 3. AZ Corporation Commission t=ile No.: Da#e authorized to da business in AZ• 4. AZ L.L.C. File No: R-0746707-4 Date authorized to do business in AZ: 04/11!1995 5. Is Corp.lL.L.C. non-profit? 0 YES ©NO If yes, give IRS tax exempt number. NIA 6. List all directors,! officers, con#rolling stockholders or members in CorporationlL.L.C.: Last First Middle Title F2esiden~± Addrxa (:iFv Staff Tin MI Holding, t.P. Member 10400 Fernwood Rd., Bethesda, MD 20817 Marriott 5enlor Holding Corporation Member 10400 Fernwood Rd., Bethesda, MD 20817 Marriott international Capital Corporation Member 10400 Femwaod Rd., Bethesda, MD 20817 5~.~. 'f~t~~-~ ~..15~ 1~~ (ATTACH ADDITIONAL SHEET (S) !F NECESSARY) 7. List stockholders or controlling members owning 10% or more: 1 aet F'iret AAirlrllo o/_ n.uneri Reeirtanne Ae{.I~e~c rlr.. Ci~fn 7;., Mi Holding, i..P. 47.64 10400 Fernwood Rd., Bethesda, MD 20817 Marriott Senior Holding Corporation 26.82 10400 Fernwood Rd., Bethesda, MD 20817 arriott international Capital Corporation 23.18 10400 Fernwood Rd., Bethesda, MD 20817 [See attached ownership chart] (A I IAGFI AUDI I IUNAL SNEE I (5) IF NECESSARY} 8. if the corporation(L.L.C, is owned by another entity, attach an ownership, and directorlofScerlmembers disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Ciub Applicants: EACH PERSON LISTED MUST SUBMrr A COMPLETED FORM "uCDtD1 ", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $29 FEE FOR EACH CARD. 1. Name of Club: NOT APPLICABLE Date Chartered: (Exactly as If appears on Club Charter or Bylaws) {Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ^ YES Q NO If tax exempt, give IRS tax exemp# number: 3. List officer and directors: C Regular Council Meeting -October 21, 2008 -Page 11 of 271 3 ~~ ~~ ~ -~ ~ ~ .i.1 - ~ ~ ~ ~--` ~ ~ 7 F~1 ITu~ n.+ i..' ~ . ~ ~ ~ x d~~, N ~' C~ e~ ^ O ~ ~ ~ N n ~ ~ ro r~ 'x c~ o f~D ~..r ~ ~ a ~ x ~ 0 ,~ ~! @ n! b ~~ ~~;~ o ~'~ xo ~ ~~ ~~ ~: ~ w n {~ ~ a~~ ~~~a ~. `° ~ n ~o ~~ N -°i E ~~ O" y N Q N$ tan w o b ~~ a o ~ ~ ~ "a o =~ n " s a °~~. ~ e°5°.~ ~ ~. ~ o ro ro ~ ~ ~ m a: vp -e ,,°. m o- y -' ~'~ ~ °o' ~ O '~ K ~ ~ ~ ~ Q7 R o O O `"~ ,~ wo ~N n. ~ ~ C ~ O ~m~oc ~ ~ ~ ~ N Q Regular Council Meeting -.October 21, 200~,~age_ 271 ~ y. 0 y x a 3s ~ om ~r ~ ~ ~ o ~ ~ ~ n CD ~ O °w~~~ '' p. H '-' '-' a a ~ ~. ~, 'b ~ c~~ w ~ c.. ~ ~~ ~ o ~ ~. et ~ '"'~ ~ ~ ~~ ~~ C m' a 3 ~ ~R E ~~ ~~ n a ~~ E H *~ lV z° a r n ~' N C" f'~ •i • ATTACHMENT TO LIQUOR LICENSE APPLICATION LICENSEE: THE RITZ-CARLTON GOLF CLUB, DOVE MOUNTAF[~T Section 7, item 6 continued [List of Officers/Directors of Licensee Last First Title Residence-Address, City, State, Zip Code Middle Coa er, Srmon Francis PresidentlCEO aVlcLean, VA 22102 Kimball, Kevin Michael Vice President 1 Darnestown, MD 20878 Chen ,Jessie-KayWeili Secretar ,Arlington, VA 22207 Breneman, Margery Ann Assistant S :, Kensington, MD 20895 Secret Connelly, James Patrick Treasurer i North Potoanac, MD 20$78, Regular Council Meeting -October 21, 2008 -Page 1 ~2$' ~ ~ ~~° ~ ~` t ~~~ L 3f 5, }. ATTACHMENT TO LIQUOR LICENSE APPLICATION -Club License • LICENSEE: THE RITZ-CARLTON GOLF CLUB, DOVE MOUNTAIN Section 8, item 3 continued Last First Middle Title Residence-Address, City, State, Zi Code. Cheng, Jessie-Kay Weili Secretar Arlington, VA 22207 Breneman, Margery Ann Assistant ±e, Kensington, MD Secretar 20895 Connelly, James Patrick Treasurer orth Potomac, MD 20878 • • Regular Council Meeting -October 21, 2008 -Page 14 of 271 1 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: NOT APPLICABLE {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 DNORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: tfor cities, towns, or counties only) 4. Person to administer this license: NOT APPLICABLE Last F'vst Middle 2. Assignee's Name: Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMfSES FROM WHICH SPfRITUOUS LIQUOR IS SERVED. SECTION 1'I Person to Person Transfer: Ques#ions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: NIA Entity: (Exactly as It appears on license) Last First Middle (Indio., Agen#, etc.} 2. Corporation/L.LC. Name: (Exactly as it appears on license} 3. Current Business Name: {F~cactly as it appears on license} 4. Current Business Address: Street City, State, Zip 8. License Type: License Number: 6. Current Mailing Address: Street (Other than business) Ciry, State, Zip Last Renewal Date: 7. Nave all creditors, lien holders, interest holders, etc. been not'~'ied of this transfer? 0 YES ~ NO 8. Does the applicant intend to operate the business while this application is pending? ~ YES 0 NO if yes, complete section 5, attach fee, and current license to this applicaton. 9. i hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, NOTAPPLICABLE ,declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, {Print full name) PARTNER, STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, con'ect and complete. X (Signature of CURRENT LICENSEE} My commission expires on: State of County of The foregoing instrument was acEsnowledged before me this day of , Day Month Year (Signature of NOTARY PUBLiC} Regular Council Meeting -October 21, 2008 -Page 15 of 271 4 SECTION 12 Location to Location Transfer: (Bars and Liquor.S„tore~ONLY) ~~ APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL rr t5 APPROVED BY THE STATE. ~ 1. Current Business: Name HOT APPLICABLE • - ( (Exactly as it appears on license) 1 Address 2. New Business: (Do not use PO Box Number) 3. License Type: 4. Wha# date do you plan to move? What date do you plan to open? SECTION 13 Questions for ail in-state applicants: 1. Distance to nearest school: 20,222.4 ft. Name of school: Richard B. Wilson Junior High (Regardless of distance) Address 2330 W. Glover Rd., Oro Valley, AZ 85742 2. Distance to nearest church: 16,t396 ft. Name of church: St Mark the Evangelist Church (Regardless of distance) Address 2727 W. Tangerine Rd., Oro Valley, AZ 85742 3. I am the: ®LESSEE ^ SUB LESSEE ^ OWNER 0 PURCHASER {Of premises) 4. If the premises is leased give lessors: Name DM Golf Investmenty, LLC Address 3567 E. Sunrise drive, Suite 219, Tucson, AZ 85798 • Membership document 4a. Monthly rentaiAease rate $ See attached ghat is the remaining length of the cease? 30 yrs, renewable mos. 4b. What is the penalty if the lease is not fulfilled? $ or other Lien Member residence property (g'nre details -attach additional sheet if necessary} 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ 0 Does any one creditor represent more than 10°t° of that sum? ~ YES ®NO If yes, list below. Total must equal 1 E}a%. Last NOT APPLICABLE Name Address License Number: Last Renewal Date• Owed Residence Address Clty State (ATTACH AbDITIONAL SHEET IF NECESSARY) 6. What type of business will this License be used for? {BE SPECIFIC) Private GOIf CIUbF10USt? 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 ©NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employes ,have any Interest in your business? CIYES ®NO 9. Is the premises currently licensed with a liquor license? 0 YES 0 NO If yss, give license number and licensee's name: License #, N1A (Exactly as it appears on license) Name . Regular Council A~leeting -October 21, 2008 -Page 16 of 271 5 1 ;~~ mans 7ccl~rr ~^rln rr mans lounge entn 'OUIS'~Sr~ .~C~ ~~~~ ~~~ ~~ti unilotm re ,~ lul:.hen ^ ~cov red-~ paBO ` • Regular Council Meeting -October 21, 2008 -Page 17 of 271 coclaT t lnunye eft I"a ctfice ~Iry ccum~aru ~ ~'.... SECTION 14 Restaurant, or Flotei-Motel Applicants: '(~, ~'~ ~`~ f ice, i_ic~ ~ ~ ~~ 1. Is there a valid restaurant or hots)-motel liquor license at the proposed location? ^ YES ^ NO If yes, give licensee`s Hams: NOT APPLfCA6LE and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an interim Pem-iit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan {Form LiC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your gross revenue must be from food sales? ^ YES ^ NO .......................................................................................................................... SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: ^ En#rances/1=xits ®Liquor storage areas Drive-in windows ^ Patio enclosures Service windows ^ Under construction: estimated completion date december 1, 2008 2. Restaurants and HotellMotel applicants must expliatiy depict kitchen equipment and dining faalities. 3. The diagram below is the only area where spirituous liquor Is to be sold, served, consumed, dispensed, possessed, ar stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. See attached floor plans of private golf clubhouse Total Square .Footage: ,,,~,~+, ~ SF YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY GRANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. I• J • • Regular Council Meeting -October 21, 2008 -Page 18 of 271 ~~ ~ ~ r ` SECTION 1$ Geographical Data: A SAMPLE FOR THIS SECTION [S PROVIDED ON THE NEXT PAGE. List below the exact names of alt churches, schools, and spirituous liquor outlets within a one mite radius of your proposed location. Ref. A.R.S. 4-201 (B) 3. -~ 4. 5. 6. 7. $. 9. 1 i]. 11. 12. 13. 14. 15. ATTACH ADDITIONAL SHEET(S) IF NECESSARY SECTION 17 Signature Block: I, Margery Ann Breneman, Assistant Secretary , dedare that: 1)1 am the APPLICANT (Owner, Agent, Partner, Stockholder (Print name of APPLICANTIAGENT listed in Section 4 Question 1 } {1t)% or more), Member, Officer {1U% or more ownership), or Club Member making this application; 2)1 have read the application and the contents and ail statements are true, correct and complete; 3) that this application is not being made #o defraud or injure any creditor, taxing au#iiority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. State of Marytand County of Montgomery X ~~ ~ The foregoing instrument was acknowledged before me this (Signature) g-{'~-~ 2~$ S ~ day of d~w~- 1CATFiR'YN p 18~KER D y Month Year NQi'ARY PUBLIC STATE OF MARYLAND Mar camms.~ioo ~lI'Z5 Ott CommISSIdF~ ~Yt3l!'i]s f~n;s~ry ?. 2Q10 1 P ~--1- ( ignature of OTARY PUBLIC) Regular Council Meeting -October 21; 2008 -Page 19 of 271 7 A =Your business name and identify cross streets. ~'~~~~#s ~n~l~. ~ ~ ARIZONA DEPARTT~F LIQ~~iL~.~CENSES & CONTROL ~ UPI QI~4~ ['~ 800 W Washington 5th Floor Phoenix AZ 85007-2934 {602) 542-5147 Attention all Local Governing i3odies: Social Si local law enforcement agencies for the purpose 400 W Congress #521 ~,.. Tucson AZ 85701-1352 ~~~~~ ~~.::;: L.~ ~~. (520) 628-6595 '- :'.rt~, .~ ^~ ,r {a. ~p ~~ Gnnfiden#ia1. This information may be given #o ~~it~st be blocked to be unreadable prior to posting Read carefully. This instra4me' `i~~~swb'r~ia'cjfiof~r#t` . e or print with black ink. An extensive investi~ation~~r bac_ ~ur~ ~` du False or incomplete answers asuld result in crimina pr ~r ,ati~ derafalcr~~~r~vocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER'~S'I'OCI~tiOLQ~j={:~tC~F~;MORE}, MEMBER, OFF]CER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLlCANT° TYPE F{NG~P~fidT,2D WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE GONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FIf~P~RiNT{NG SERVICE APPROVEt? BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. '~ ~- ;'` ;~` Liquor License # Eff. 10/01/07 there is a $24.00 processing fee for each fingerprint card submitted. 74 A service fee of $25.00 will be charoed for ail dishonored checks tA.R.S. 44.6852t 1. Check appropriate box-~ 2. Name: DE ( If the location u currently licensed - - ----- Her Partner~tockholder^Member^Officer®Agent ^ Manager(Only) Other (Complete Questions 1-20 & 24) {Complete A11 Questions exCeDf # 14,14a & 25) Licensee or Agent must complete # 25 for a Mana er Licensee or Agent must complete # 25 i 'EW KENNETH W 1 1 ~ O~Ir'~ rata of Rir1h• ~~ - ~' - - - ~ First Middle (This Wili Not Become a Part of ublic Records} 3 . Social Security Number. Drivers License ~ ~ State: ~ Z ,~ / (Thrs Wtl~dot Become a Part of Public Reccor~ds} 4 . Place of Birth: N~wa~2,~,~ 1~1: f/S1~ Height: ~ ~ ~' Weight: J 35' Eyes: l3GV Hair. City State Courttrv (no# county) 5. Manta! Status ^ Single ®Married ^ Divorced ^ Wid~o~wed Residence (Home) Phone: (S~Q) ~~ 6. Name of Current or Most Recent Spouse: la,~RVN~ ~ ,~/F.°~v/ ~HoRL>~N ~i~¢i~/F_ Date of Birfh:~~ (List atl for last 5 years -Use additlonaf sheet if necessary} Last Frst Middle Maiden • 7. Yau are a bona fide resident of what state? ~iZ/ ~o.~A tlArizona, date of residency: ;/Z ~r 8 SOD S 8 Telephone number to contact you during business hours for any questions regarding this document. S( .2ca ) 9. l€ you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: THE RITZ-CARLTON GOLF CLUB~DOVE MOUNTAIN Premises Phone: (52D ~- 3So ~ 11. Licensed Premises Address: scot Boulder sridge sass Marana i~ima 85fi58 Street Address (Do not use PO Box #) City County 7rp 12. List your employment or tvt~e of business during the oast five !51 vears. if unemoloved Dart of the time, list those dates. L[st most recelrt 1st. FROM Month/Year TO Month year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, aty, state & zip) ~~~v CvJ CURRENT iJ L v r .F NE /Yz- AR~Tav otf f3 vcT oc~i/Tyrv '~S~o( fjouiA~R ~R146 ~ f~ iJil ir~Z ~S6.S J/, ~~ ~d 2/ ~~ /' EG Gi D c.~oL 1H~ ~rz-G9~2c.?cry csg H.~t .Ti9.r~.Frc..p / f~{iTZ~ ~ r AR. ~1'o5E L~ Sri ~ ..J~•-~ A! I ACH ADDITIONAL SHEET IF NECE55AKY FOR EITHER 5EGT1{7N/~ 13. Indicate your residence address for the fast five f5) vears: ~/ FROM MonthlYear TO Monih/Year Rent or Own RESIDENCE Street Address if rented, attach additional sheet iv' Hama, address and one number of landlord G' State Zi ?/pQ CUR RENT oW~ ~~~ Oro Valley AZ esrss n a6 ` ~~ ~'t ~ # 3 r_ G~ . r 703 ~f~6 r? ~ o.: - ,~ ~ ~ +c LIC 0t01 02!2005 .Disabled individuals requiring special accommoda#ions, please call the Department. (602) 542-9027 Regular Council Meeting -October 21, 2008 -Page 20 of 271 f~ ~~~~ F~l2i • 14. As an Owner, Agent, Partner, Stockholder, Mer~be= rgr~ilzl yq#r flyby present and operafing the ES ^NO ~~ . the licensed premises ? tf you answered YES ~o`w many hrs/'day? nswer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Co se within the last 5 years? (Must provide proofl YES ^NO ff 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 EVER been detained cited arrested. indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffrc violations. fndude only ^YES ~NO those that were alcohol and/or drug related 16. Nave you EVER been convicted fined nosteat bond been ordered to deaosit bail. imArisoned had sentence ^YES X10 suspended, placed on orobation ornarole for violation of ANY law or ordinance {regardless of the disposition even if dismissed or expunged)? For Traffic violafions. include only those that were alcohol and/or drug related. t 7. Are there AI11Y administrative law atatians, compliance actors or consents, criminal arrests, indictments or ^ygS [2~N0 summonses PENDtNO against you or ANY entity in whiff you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ^YBS C~NO had a business, professional or liquor APPLICATION OR LICENSE reiecfeal. denied. revoked sosroereded or fin din this or any other state? T 9. Has anyone EVER filed suit or obtained a iudamerrt against Irou in a civic action, the subject of which involved ^ygS f ~N0 fraud or misrearesentation of a business. nrofessfona! or liquor license? 2t). Are you NOW or have you EVER held ownershio. been a controlling oer~on ,been an officer, member. directo.,~r ^YES ®NO or manager on anv other L_ iQUOr license in this or any other state? if any answer to Questions 15 through 20 is "YES" YOU A9UST affach a signed statement Give comr~lefe details including dafes, agencies involved and dispositions. if you checked the Manager box on the fron# of this form, fill in #21-23 and 24, all others skip the following box {21-23} and go to # 24 21. Have you attended a t?epartment approved Liquor Law Training Course within the last 5 years? (Must provide proof) ^YES ^NO If the answer to #21 is "NO" course must be comple#ed BEFORE ISSUANCE of a new license OR APPROVAL on an existing Iicens 22. Do you make payments to the ]icensee? ^ YES ^ NO If'Sres", how much? $ per month. Total debt to licensee 23. is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ^ YES ^'NO if "yes", attach a copy of such agreement 24. f, KENNETH DEPEW hereby declare that I am the APPLICANT ft[ing this questionnaire. (Print futl name of AppGcan#) 1 have read thi~•questionnaire and the contents and a[l sta#ements are true, correct and complete. State of Axzzona County of pima The forogoing instrument was acknowledged before me this CHRISTINA A. CAMACH da of 2 0 0 8 NOTAR7 1'1JBUC - y PIMA rn~ tNTY Dav Month -'~- ~~}} ~~ ~~)/ n My Commissi fi ` r L~~~~~ ~ (,(LGGG My commission expires on: idGV! G ~f/ April to L ~' Mon "'~ea~ (Signature of NOTARY PLJI3LiC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Accent ApAroval of Manager 25.1, Print Licensee/Agent's Name: Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE(AGENT) oay day of Mon9~ Year My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 21 of 271 ARIZONA DEPART 800 W Washington 5th Fiaor Phoenix AZ 85007-2934 (602)542-5141 Attention ail Local Goveming Bodies: Social Si focal law enforcement agencies for the purpose Read t:arefuily. This An extensive investr anon could result in crimina~ pros Lte ~ ~ ~~ f ooa( 3 8 CONTROL ~`~~,~ 400 W Congress #52'f " Tucson AZ 85701-1352 • ,, (520) 628-6595 mfidential. This information maybe ghren to be blocked to be unreadable prior to posting or print with black ink. raise or incomplete answers oration of a license or permit TO BE COMPLETED BY EACH OWNER, AGENT, PARTNEi2~ IT~OL+a}4~L~O,~R''.1NOftE}, MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN i4PPLICANT" TYPE FINGERF,'Rit~T~ARD WH[CH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FEDE LAW ENFORCEMENT AGENCY OR A FINGEI~RRiNTlNG 5ERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. >''"' +' ~'" wf Liquor License # Eff. 10101/03 there is a $29.40 processing fee far each finyemrint card submifted. A service fee of $25.00 will be chained for all dishonored checks fA.R.S. 44.68521 Check. appropriate box-~ { if the location is currently licensed wnerOParMer tockhofder[~Member[]X Officer []Agent ^ Manager(Onfy} I~Ofher (Complete Questions 1-20 8r 24} (Complete Alf Questions exceot# 14,14a & 25) Licensee or A ent must coin lets # 25 for a Mana er Licensee or A ent must coin lets # 25 2. Name: Cooper Simon Francis bate of Birth: ~ Last First Middle {This Will Not Become a Part of Public Records) 3 . Social Security Number. Drivers Licenss~~ State: VA (This Will Not Become a Part of Public Records] 4 . Place of Birth: ingastone , UK Height s'3" Weight: 220 Eyes; Gm Hair: Bm City State Coun (not county) b. Marital Status ^ Single ®Married ^ Divorced ~ Widowed Residence (Flome} Phone: j ~, 6. Narne of Current ar Most Recen# Spouse; cooper Marceiie Yvette Bergeuin Date of Birth: {List all for last 5 years -Use additional sheet if necessary} Last Firs# Middle Maiden 7. You are a bona fide resident of what state? vA !f Arizona, date of residency: wA 8 Telephone number to contact you during business hours for any questions regarding this document. 9. if you have been a resident less than three (3) months, submit a copy of driver's license or vote~[T~r~e~gistration card. 10. Name of Licensed Premises: The Ritz-Carlton Golf Clubt ~ Dove 1~ premises Phone: ( ~ZO) 5~a -'~ Spfl 11. Licensed Premises Address: b501 Boulder Bridge Pass Marana Pima 85865 Street Address {Do not use PO Box #} City County Zip 12. List your employment or tvoe of business during the oast five f51 vears_ if unemoloved Hart of the time. lis# those dates_ Lis# most recent 1st_ FROM MorrthlYear TO MonthlYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS {Give street address, cify, state & zip} 02/07 CURRENT Presidertt/COO The Ritz-Carlton Hots! Company, LLC. 4445 ~Ilartl Ave., Suite 8D0 ChevyChaze, MD 20815 ATTAC!-i ADDiT10iVAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address forthe las# five (51 years: FROM AAorrih/Year TO Monlh/Year Rent or Owrt RESIDENCE Street Address If rented, attach additonal sheet Ivln name, address and hone number of landlord Cit State Zi 06/03 CURRENT Own ~~~ McLean VA zzloz UC 0101 02!2005 Disabled individuals requiring special accommodations, please call the Department. {602] 542-9027 Regular Council. Meeting -October 21, 2008 -Page 22 of 271 14. As an Owner, Agent, Partner, Stockholder, #>~~nla~~r~tf'~v#~i,~u~icai[y present and operaafing the [YES ~NO the licensed premises ? if you answered YES, how many hrs/day? ,answer #14a below. if NO, skip #o #15. 14a. Piave you attended a [}epartmen# approved Liquor Law Training Course w'sthin the last b years? {Must provide proof} AYES ~NO If the answer to # 14a is "NO" course must be com feted before issuance of a new License or a royal on an existin License. 7 5. Have you EVER been detained, cited arrested indicted or summoned into court for violation of ANY law or ordinance {regardless of the disposition even if dismissed or expunged}? For traffic violations, include only ^YES ©NO those_ that were alcohol and/or drug related. 1fi. Have you EVER been convicfeaf. fined. posted bond been ordered to deposit bail. imprisoned, had sentence DYES ~i0 suspended. placed on probation or parole for violation of At~Y law or ordinance (regardless of the disposition even if dismissed ar expunged}? For traf!rc violations, include only those that were alcohol and/or dray related. 17. Are there ANY administrative taw citations, compliance actions or consents, criminal arrests, indictments or ^y~S ®NO summonses PENDING against you or ATIY entity in which you are now involved? 18. Have you or any en#ity in which you have held ownership, been an officer, member, director or manager EVER ^'YES ®NO had a business, professional or liquor APPLICATION OR LICENSE reiecfed deniedt revokedT suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a i'udament against you in a cnri[ action, the subject of which involved ~ygS ~O fraud or misrepresentation of a business, professional or liauor License? 20. Are you NOW or have you EVER head ownership. been a controlling person ,been an officer. member, director, YES QNO or manager on any other liauor license in this or any other state? if any answer to Questions 15 through 2U is "YES" YOU MUST attach a slaved sfafemenf. Give complete details including dates, agencfes involved and dispositions. Lf you checked the Manager box an the front of this form, fi!I in #21 23 and 24, ail others skip the following box {21-23} and go #o # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? {Must provide proof} ^YES ^NO If the answer to #21 is "NO" course must be completed BEFORIw ISSUANCE of a new license OR APPROVAL on an existing livens 22. De you make payments to the licensee? ^YES ^ NO if "yes°, haw much? $ per month. Total debt to licensee $ 23. Is there a formal written con#ract or agreement between you and the licensee relating to the operation or management of this business? ~_ ~ ^YES ^ NO if "yes", attach a copy of such agreement 24. i, (Print ! have read.this c, r~9"' ` hereby declare that I am the APPLICANT filing this questionnaire. the contents and all statements are true, correct and complete. ~/ ~! My commission expires on: ___,3 _L ZO l a / Day M rdh Year State of 6lrv~ County of The foreg-~strument was acknov day of ~~ Days Monfh I=EEE IN THIS SECTION ONLY li= YOU ARE A LICENSEE OR AGENixAPPRC Licensee or Agent Approval of Manager day of 25.1, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me X (Signature of LICENSEElAGENT} pay My commission expires on: Aay Mores Year ,~ TAaRY PUB>~ A MANAGER Al'P Month Year {Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 23 of 271 Prints an file for ARIZONA DEPAR' rim z is 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 Attention all Local Governing Bodies: Social S°i local Eaw enforcement agencies fbr the purpose Read carefulEy. This fn: An extensive inves6 ation of could resulf in criminal prosect _iQU.,©R~..T~ENSES&CONTROL Lic. #070704b7 ==~-~~ ` ~-' 1 °^ 400 W Congress #521 ,,,- ~;~„~~~„ ,~,~, Tucson AZ 85701-1352 Ot~,[~'i~~°~'y.~= (520) 628-6595 ~nfidential. This in#ormatlon may be given to be blocked to be unreadable prior to pasting or print with black ink. ~alse or incomplete answers ovation of a license or permit. TO BE COMPL.>=TED BY EACH OWNER, AGENT, PARTNER`s`ST~K~iO,L+_D°!/~1{1'D~~RMORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT- TYPE FINGERPI~,iN~C~I`RD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FING~F~P,RINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ~''~ `~ Liquor License # Eff. 9©101/07 there is a $24.00 processing fee for each fnger~rint card submitted. d earvira fno of R95_n0 will hn rhamod fnr alt diefinnnrari r_har_ks f0 RS_ ~ 6$521 1. Check appropriate box---® (If the IocaHon is currently licensed net[~Partner^Stockhalder^Member®Officer^Agent ^ Manager(Only) Other (Complete Questions 1-20 & 24) (Complete All Questions except # 94, 94a & 25) Licensee or Agent must com fete # 25 for a Mana er Licensee or A ent must complete # 25 2. Name: Kimball Kevin Michael Date of Birch: ~~ Last F'~st Middle {this Will Not Become a Part of Public Records) State: Maryland Soraal Security Number: "~~ Drivers License #: {This WiB Not Become a Par# of Public Records) 4 . Place of Birth: Annapolis MD USA Height: 5't t' Weight t7o Eyes: slue Hair: Srn City State Country {not county) 5. Marital Status ^ Single ^x Married ^ Divorced ^ Widowed Residence (Home) Phone: 6. Name of Current or Most Recent Spouse: Kirrd~all Alice Elizabeth Healy Date of Birth: ~ • (List all for last 5 years -Use additional sheet if necessary) Last First Middls Maiden 7. You are a bona fide resident of what state? Maryland if Arizona, date of residency: wa 8 Telephone number to contact you during business hours for arty questions regarding this document. 9. if you have been a resident less than three (3) months, submit a copy of driver's license ar voter registration card. 90. Name of Licensed Premises: The Ritz-Carlton Golf Club. ~ Dove Mtn Premises Phone: (~ } ~~a _ 3500 19. Licensed Premises Address: 6501 Boulder Bridge Pass A7arana Puna 85658 Street Address {Da not use PO Box #) City County Zp 12. List our emplo ment or a of business durin the ast five 5 ears, if unemplo ed par# of the time, list those dates. List most recent 1st. FROM MonthlYear TO ManthlYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 01175 CURRENT. Sr. Vice President Marriott Intemationa[, [nc., 10400 Femwood Rd., Bethesda, MD 20817 ATTACH ADDITIONAL SHEET iF NECESSARY FOR EITHER SECTION 13, Indicate our residence address for the East free 5 are: FROM Monlh/Year TO Month/Ysar Rent or Own RESIDENCE Street Address If rented, attach additional sheet ivin name, address and hone number of landlord Cit State Zi 01!84 CURRENT Own Darnestown MD aos~a • UC 0109 D212o0S Disabled individuals requiring special accommodations, please calf the Deparfinent. {602) $42-9D27 Regular Council Meeting -October 21, 2008 -Page 24 of 271 14. As an Owner, Agent, Partner, Sto~cholder, Ir1~. i€e}r~~vi(f ~u~pi~caliy present and operating the ~l`ES ©NO the licensed premises ? 1# you answered Y~u, ~iow many htslday? ,answer #14a below. I# NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? {Must provide proof) AYES [{NO 1f the anstn~er to # 14a Is °MG~" course rr:ust be cotn~leted before issuance of a reeve license or a roval on an existin license. 15. Have you EVER been detained cited arrested indicted ar summoned into court for violation of ANY law or ordinance {regardless of the disposition even if dismissed or expunged}? For frafBc violations, include only ^1'ES ®NO those that were alcohol and/or drua related. 16. Have you EVER been, convicted. fined. posted bond been ordered to deposlf bait. imprisoned had senfence ~YESX(~10 suspended. placed an probation or parole for violation of AMY law or ordinance {regardless of the disposition even if dismissed or expunged}? For traffic violations. include only those that were alcohol and/or drug related. 17. Ara there ANY administrative iaw stations, compliance actionsor consents, criminal arrests, indictments or ~YBS ~10 summonses PENDING against you or AIdY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ~,~ ~NO had a business, professions( or liquor APPL1CA770N OR LICENSEreiected, denied, revoked suspended or ___ frned in this or any other state? 19. Nas anyone EVER filed suit or obtained a iudamenf aaainsE you in a civil action, the subject of whirtt involved Qygg ~O fraud or misrepresentation of a business, professional ar lfauor license? 20. Are you NOW or have you EVER held ownership, been a controlling person ,been an officer, member. director, ©I'B5 ^NO or m~ on env, oilier liquor license in this or any other state? {See Attachment] !f any answer to Questions 15 through 20 is "YES" YOU MUST attach a sinned statement. Give complete details including dates, agencies involved and dispositions. If you checked the fifianager box on the front of Phis farm, fill in #21-23 and 24, all others skip the following box (21-23} and go tom 24 Have you attended a Department approved Liquor Law Training Course within the last 5 years? {Must provide proof) ^YES ^NO !f the answer to #21 is "NO" course must be completed BEFORE 1SSE.lANCE of a new license OR APPROVAL on an existing licens Do you make payments to the licensee? ^ YES ^ NO If "yes", how much? $ per month. Total debt to licensee $ !s there a formal written contractor agreement between you and the licensee relating to the operation or management of this business? ^ YES ^ NO if "yes", attach a Dopy of such agreement 24 I, Kevin Michael Kimbal 1 hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applignt) have read is questionnaire an the contents and all statements are true, correct and complete. Maryland Montgomery State of County of X The foregoing instrument was acknowledged before me this (Sign of Applicant} ~ ~;,y,` ~ p ~ g ~ day of .~~,o ~--' ~ KATHRYN I? BOOKCFf Day Month ~ ""~a~ -vaT;;- ~ Ic s ~t~st.rc STATr: ol= A~ARYIAt~ ~~`~ ~ u~c~.--- My commission expire ~~ "' ~ - >s„iat>~Yhs t,,.,;,,ear '~a~ 1.2p1Q (Signature of NOTARY PUBLIC} FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATIQN Licensee or Agent Approval of Manager 25.1, Print Licensee/Agents Name}• Hereby authorize the applicant to act as manager for the named liquor license. Slate of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEEJAGENT) Oay day of Math Year My ~mmission expires on: day Month Year (Signature of NOTARY PUBIC) Regular Council Meeting -October 21, 2008 -Page 25 of 271 7~1 i Y1~S i~P1 '~i ~ Q -~ C' ~~~.~ oc~c~©al3 ARIZONA D 800 W Washington 5th Fioor Phoenix AZ 85007-2534 {602) 542-5141 Attention all Local Governing Bodes: Social Si local !aw enforcement agencies for the purpose Read carefully. This An extensive investigation could result in criminal pros & CONTROL ~ j ~_ ~~~ 400 W Congress #521 • Tucson AZ 85701-1352 {520} 628-6595 >nfidential. This information may be given to be blocked to be unreadable prior to posting or print with black ink. ~alse ar Incomplete answers ovation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNEF~'S`E ~CE~•tQ,L~,:,, (~~'F~1vtORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPUCANT° TYPE FINGEF~1'°ARD WHICH MAYBE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR R FIt3~t=~t3i21NTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ~ ~' ~' L'aggor ! ~ier?se # Eff.101D1103 there is a $29.D0 processing fee for each fingerprint card submitted A service fee of $25.00 wiii be charged for atl dishmered ehw-ice to R S en aa~~~ 1. Check appropriate bax~ (If the location is can-entiy licensed Owner^Aartner ^Stockholder^Member^X Officer ^ Agent ^ Manager{Only) ^ Other (Complete Questions 1-2fl & 24} {Complete All Questions excenf # 14,14a & 25} Licensee or A tit must com lete # 25 for a Mana er Licensee or ent must com lete # 25 2. Name; CHENG JESSIE-KAY WEIU Date of Birth: Last First Middle (Ttsis Wilt Not Become a Part of Public Records) 3 . Social Security Numbe . Drivers License #•~ State: VA {This WEI! Not Become a Part of Public Records) 4:-Plate-of$irth:='-'~O~L~1.>:1 Ida- 4 t `•'~ --{-)eigt~4'aam'14=~glejgl~t~-1~---Eyes:-$1~-i-lair; RRN City State Goun {not county} 5. Marital Status ^ Single ^x Married ^ Divorced [~ Widowed Residenoe (Home} Phone: (' 6. Name of Current or Most Recent Spouse: DoaecK ROBERT B. Date of Birth~~ • (List all for fast 5 years -Use additional sheet if necessary} Last ~ First Middle Maiden 7. You are a bona fide resident of what state? VA If Arizona, date of residency: r'ja 8 Telephone number to contact you during business hours for any questions regarding this document. ;,~ ~_ _ 9. If you have been a resident less than three {3} months, submit a copy of driver's license or voter registration card. 30. Name of Licensed Premises: The Ritz-Carlton Golf Glub~ Dove premises Phone: (~J~-~ }S~O~ - 35~ 11. Licensed Premises Address:6~5QI Boulder Bridge Pass Marano Pima 85685 Street Address {Do not use PO Box ~ City County Zip 12. List vour emDlovment or tvoe of business rtairinn the rust fivo !Sl voarre if i inamnln~icrt Hart of 4ha limo lief thnca ri~toc ~ iat mnc4 wrunh 1 c4 FROM MoMhlYear TO MonthJYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUS[NESS (Give street address, city, state & zip ) ozro7 CURRENT Deputy General Counsel T ~ ggpp g ~+~~+5 ~i~1lar~l~voe.g~ievyC~i~seyPIDe208~5 4/85 02(07 VP Asst.Gen Counsel MM i 1~~+~U°~'ernwoo~'O,~e~hesoda; NID 2b8I7 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the' last froe t51 vears~ FROM MonthlYear TO MonthlYear Rent ar Own RESIDENCE Street Address If rented. attach additional sheet ' 'n name, address and hone number of landlord State Z 1/89 CURRENT OWN ARLINGTON VA zzzo~ tIC o101 02!2005 Disabled individuals requiring special accommodations, please calf the Department. {602) 542-9027 Regular Council Meeting -October 21, 2008 -Page 26 of 271 • 14.As an Owner, Agent, Partner, Stockholder, Member or Offscer, will you be physically presen# and operating the ^YES ^X NO the licensed premises ? If you answered YES, how many hrslday? ,answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? {Must provide proof} ^YES ONO if the ancuror to $ 14a 3c 'Mr2" rnr,rce meethp r_rzmelatpd bpfere issuance of a new license or aooroval on an existing license. 15. Have you EVER been detained. cited. arrested, indicted'or summoned into court for violation of AisY Saw or ordinance {regardless of tfie disposition even sf dismissed or expunged)? For Traffic violations. include onfv ^YES ©NO fhose fhaf were alcohol and/or drat relafed. 16. Have you EVER been convicted. fined posted bond been ordered to deoosif bail imprisoned had sentence CMES X[~f0 suspended, placed on probation or oaro-e for violation of ArIY law or ordinance {regardless of the disposition even if dismissed or expunged)? Far. traffic violafions. Fnclude only fhose that.were alcohol andlor drug related. 17. Are there ANY adminis#rative law citations, compliance actions or-conserrts, criminal arrests, indictments or ^YES ONO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ^YES ENO had a business, professional or liquor APPLICATION OR LICENSE reiecfed, denied revoked. suspended ar fined in this or any other state? 19. Figs anyone EVER filed suit or obtained a iudumenf against you in a civil action, the subject of which invafved ^YES ®NO fraud or misrepresentation of a business. professional or liquor license? 20. Are you lVOW or have you EVER held owne hi been a controllino person ,been an oftscer, member, director. ^~ ~NO or manaeer on anv orleeri guor license in this or any other state? - lfany answer fo Questions 95 through 20 is `YES° YOU MUST attach a signed sfafement. ,Give complefe detaiis including dates, agencies involved and dispositions. If you checked the iVlanager box on the front of this form, fill in #2'i -23 and 24, all others skip the following box (24-23} and go to # 24 21. Nave you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ^YES ^NO If the answer to #I29 is "NO" course must be completed BEFORE lSSUAM1iCE of a new [lcense OR APPROVAL on an existing titans 22. Do you make payments to the licensee? ^YES ^ NO lf'~es", how much? $ per month. Total debt to licensee $ 23. fs there a formal written contractor agreement between you and the licensee relating to the operation or management of this business? ^ YES ^ NO [f'yes°, attach a copy of sucfi agreement 24. I, Jessie-Kap Weili_.. Chang ,hereby deGare that I am the APPLfCAf~fT filing this questionnaire. (Prat futl name of Appr~cant) 1 have read this questionnaire and the contents and all statements are true, correct and complete. r State of I'Yl. County of YY1A~-~c+ X . e"' The foregoing in rumeras acknowiedg~ edge me this ignaLire of Appricant) 1 ~ '~'^~day of _1~~1n~v.-~` , ~'~ Mor>fh ear rA~ ~PUSLf~c sra sc~°K~~t 1 ~y, ~ ~~~ My commission expires o .yCommission A~4RYL,r;ND ~'--°-~"4'~ '~ ! ~ ~ Day Miiriin (Signature of ivGrARY Pl1BLtC) FILL IN Tii1S SECTION ONLY iF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLlCAT10N Licensee or Agent Anuroval of Manager 25.1, Print Ucensee/Agent's Name)• Hereby authorize the applicant fo act as manager for the named liquor license. State of County of The foregoing instrument was acknowiE x (Signature of LICENSEE/AGENT) pay day of before me this Mpn81 My commission expires on; Day Month Year (signature of NOTARY PUBLfC) Regular Council Meeting -October 21, 2008 -Page 27 of 271 ARIZONA 800 W Washing#on 5th Floor Phoenix AZ 85007-2934 {60Z}542-5141 Attention al[ Local Governing Bodies: Social S~ local taw enforcement agencies for the purpose Read carefully. This ins An extensive irnresti anon of could result in crimina~ oroseca Prints on file for ~~..1CENSES$CONTROL Lic. # 07070464 ~~'s`"'r; " '' ,. '_ _~~ ,r~:~ ya 400 W Congress #521 `` ~ x Tucson AZ 85701-1352 ~~RE°"°k"`~'; {520) s28-fi595 ~ ~ ~~~ _~atio ~~Y_Ironfidential. This information may be given to ilji bu~,3nPSt be bbcked to be unreadable prior to posting or print with black ink. °alse or incomplete answers ocation of a [icense or permit, TO BE GOMPLETED BY EACH OWNER, AGENT, PAR3NEf2;~`TOCI~CHOLQ~F{={~~?"(b,F€]1At~RE), MEMBER, OFFIGER OR MANAGER. A1~0 EACH PER50N COMPLETING THIS FORM MUST SUBMIT AN P.PPLICANT° TYPE FINGERPi3,~NT~7~42D WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA F[DE LAW ENFORCEMENT AGENCY OR A FINGEf~~?F2INTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. ~ ~ ~" k "~ Liquor License # Eff. 10101!07 there is a 524.00 processing fee for each fingerprint card submitted. A service fee of $25.00 will be charged for all dishonored checks fA.R.S. 44.68521 1. Check appropriate boz---~ (tf the location Is currenNy licensed; caner[,]Partner^Stockholder^Member®Officer^Agent ^ Manager(Only) Other (Complete Questions 1.20 & 24) (Complete All Questions exCeAf # 14,14a 8~ 25) Licensee or Agent must complete # 25 for a itllanager Licensee or ent must corn lets # 25 2. Name: BRENEMAN MARGERY ANN Date of Birth: Last First Middle (This Will Not Become a Part of Public Records} 3 . Socal Security Number. ~' Drivers License #: ~ State: Maryland (This Will Not Become a Part of Public Records} 4 . Place of i3irth: Ridgewood NJ USA Height 5'4" Weight 1 io Eyes: lam Hair. Brn City State Coun (not county) 5. Marital Status ^ Single Qx Married ^ Divorced [] Widowed Residence {Home) Phone: 6. Name of Current or Most Recent Spouse: Breneman Toad Atan Date of Birth: T ~~ • (List all for fast 5 years -Use additional sheet if necessary} Lasf Rrst Middle Maiden 7. You are a bona fide resident of what state? MaMand If Arizona, date of residency: N/A 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three (3) months, submi# a copy of driver's license or voter registration card. 10. Name of Licensed Premises: The-Ritz-Carlton Golf CIub~Dove Mountain Premises Phone: (~~ ) ~O7 - 3J'"Q'~ 11. Licensed Premises Address: 5501 Boulder Bridge Pass Marano Pima 85658 Street Address (Do not use PO Box #) City County Zip 12. List your employment or ivpe of business durino the oast five (5) years. if unemoloved Dart of the time. list those dates. List mast recent 4st FROM MonthlYear TO Month/Year DESCRCBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip} ~/q-7 CURRENT Legal Assistant/Sr. Manager Marriott Enfemational, Inc., 10400 Femwood Rd., Bethesda, MD 20817 ATTACH ADDITIONAL SHEET lF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five !5) years: FROM Monlh/Year TO MonllWear Rent or Own RESIDENCE Street Address If rented, attadi additional sheet ivin name address and hone number of landlord Cif State Za 07!05 CURRENT ~~ -. Kensington MD loess 01/02 07/05 Own ufevard Bethesda MD loan 07!90 01/42 Own et Chevy Chase MO 20815 LIC 0401 0212005 DIsabled individuals requiring special accommodafians, please tali the Department. {fi02} 542-9027 Regular Council Meeting -October 21, 2008 -Page 28 of 271 • 14. As an Owner, Agent, Partner, Stockholder, Member af;Qflit~; vaiiUyu I?~i~ went and operatng the AYES QNO the iicensed premises ? if you answered YES., how many hrslday? ,answer #14a below. !f NO, skip to #15. 14a. Have you attended a Deparlmenf approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ^NO [f the answer to # 14a is "NO" course must be com leted before issuance of a new license or a royal on an existin license. 15. Have you EVER been detained cited arrested indicted ar summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? Far traffic violations. include only ^YES ®NO those fhaf were alcohol and/or drug related. 16. Have you EVER been convicted frned Wasted bond, been ordered to deposit ball. imprisoned. had sentence Ch'ES ®NO suspended placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? Far traffic violaSons. include only Phase fhat were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ~yES ®NO summonses PENDING against you or 1WY en#ify in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ^YES ®NO had a business, professional or liquor APPLCA7/ON OR LICENSE reiected, denied. revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suif or obtained a iudament against you to a evil action, the subject of which involved DYES ~]NO fraud or misrepresentation of a business. professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person ,been an officer, member, dire DIES ^NO or mono. er• on amp other Iisuar license in this or any other. state? [See Attachment]. If any answer to Questions 1 S Through 20 is "YES" YOU MUST attach a sinned statemenf. Give complete details including. dates, agencies Fnvotved and disposifi`ons. ff yoo checked the Manager box on the front of this form, fill in #21.23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the fast 5 years? (Must provide proof) ^YES ^NO ifi the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL an an existing licens 22. Do you make payments to the licensee? ^ YES ^ NO if "yes", how much? $ per month. Total debt to Licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ^ YES ^ NO If'yes", attach a copy of such agreement 24 I Margery Arta Breneman ,hereby declare that I am the APPLICANT filing this questionnaire. {Print fuU name of Applicant} I have read this questionnaire and the contents and all statements are true, correct and complete. f~ State of Maryland County of Montgomery X ~~ ' ' " ' n ~ ~~ The foregoing instrument was acknowledged before me this (Signature of Applicant) J ~ day of ~ ~~^ 2 Q C $ D -~' Month Year KATHRYN P. SOOKEa My commission expires on: NdTA1iY PUBLIC STATE_ QF MARYLAND ~ - y miC~jgn Ex1DYteaflianuar~'~EOiO (Signature of NOTARY PUBLIC} FILf_ IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER A!'PLICA'TI~JN Licensee orAgent Approval of Manacler 25.1, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named [iquor license. State of County of The foregoing instrument was acknowledged before me X (Signature of LiCENSEElAGENT) oey day of My commission expires on: Day Mon>t1 Year Mwt4t Year (Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 29 of 271 ARIZONA 800 W Washington 5th Floor Phoenix AZ 85007-2934 {602)542-5149 Attention ail Loca! Governing Bodies: Social S`i local law enforcement agencies for the purpose head carefully. This ins An extensive investigation of could result in criminal prosec~ ~I~~s ar F- I~. -~ r- ti~ ice. ~ ~c©o~ 2~~L~CENSES 8~ CONTROL -" i ' 400 W Congress .,2 1 ,~~.~ Tucson AZ 85709-9352 • ,,: {520) 628-6595 y ~;. rrriation; ,is.C`onfidentiai. This information may be given to , ilj bufii~rst be blocked to be unreadable prior to pasting or print with black ink. ~alse or incomplete answers ovation of a license or permit TO BE COMPLETED BY EACH OWNER, AGENT, PARTNEf~;~S'}`C1~l~HOL~EIT..'{3"03!0 ~M~E ,MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGEF~Pf31NT~{~°,,A''RD WHICH MAYBE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTAENT OF LIQUOR. THE DEPARTMENT DOES NQ_T PROVIDE THIS SERVICE. ''~:~ „' ~;, Liquor License # Eft 10101/03 there is a $29.00 processing fee for each finaerpriint card submitted. A service fee of 525.00 will be charged for all dishonored checks (A_I2_S_ dd_s13521 Check appropriate boz--~ (If tltle location is currently licensed ^Owner^Parfier tockholder^Member^XOfficer^Agent ^ Manager{Ooly) ^ Other {Complete Questions 1-20 & 24) {Complete All Questions excent# 14,14a ~ 25) Licensee ar A ant must cam late # 25 for a Mana er Licensee or A ant must com [etc # 25 2. Name: Connelly James Patrick Date of Sixth: ~~ Last First Middle (this Will Not Become a Part of Public R®coMs} 3 . Social Security Number: ~ Drivers License #: State: {This Will Not Became a Part of Public Records} MD 4 . Place of Birth: Millington TN ~~ Height: ~'] 1" Weight: t7s Eyes: Bm Hair. Bm C1ty State Country {not county) 5. Marital Status ^ Single ^x Married ^ Divorced ^ Widowed Residence (Home) Phone: 6. Name of Current or Most Recent Spouse: Connelly Ann Martin Date of Birth;lam • (List al! for last 5 years • Use additions! sheet if necessary} .Last First Middle Maiden 7. You are a bona fide resident of what state? Maryland !f Arizona, date of residency: nua 8 Telephone number to contact you during business hours for any questions regarding this document. ( 3 9. !f you have been a resident less than three (3) months, submit a Dopy of drivers license or voter registration card. 'I0. Name of Licensed Premises: The iZitz-Carlton Golf Club Dove ~ Premises Phone: ( 0~0 )5-02 _~jS~U i1. Licensed Premises Address: 5501 Boulder Bridge Pass Marana Pima $56$8 Street Address (Do nol use PO Box #) City County T1p 12. List vour emo[ovment or tvoe of business during the oast five !51 years- if unemnlnvPSl Hart of the time- fist these dates- List mast recent 1st. FROM Month/Year TO MonthlYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip} 05/07 CURRENT SVPlCFO The Ritz~arlton Hotel Company, LLC. 4445 Willard Ave., Suite 800 Chavy base, MD 20815 08!86 05/07 SVP North American Lodging Finance Marriott Intematianal, Inc., ] 0400 Femwood Rd., Bethesda, MD 20817 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 93. indicate vour residence address far the last fve (5) years: FROM MonthlYear TO Month/Year Rent or Own RESIDENCE Street Address If rented attach addltlonal sheet ivi name, address and hone number of landlord C State Z 12/00 CURRENT Own ~. North Potomac MD 20678 LIC 0109 0212005 Disabled Individuals requiring special accommodations, please call the Department. (502) 542-9027 Regular Council Meeting -October 21, 2008 -Page 30 of 271 • ', 14. As an Owner, Agent, .Partner, Stockholder, Member pr Ot~`' ~~ " ~ ` '_ mend operating the YES ©NO the licensed premises ? if you answered YES, how many~rs~~ay? -~ answer #14a below. if NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course v~ithin the last 5 years? (Must provide proof) AYES []NO !f the answer to # 14a is "NO" course must be com feted before issuance of a new license or a mva! on an existin license. 15. Have you EVER been detained cited arrested fndfcfed or summoned into court for violation of ANY law or ordinance (regardless of the disposition even ff dismissed or expunged)? For fraffic.vlolations, include only ^YES ®NO those thaf were alcohol and/or drug related 16. Have you EVER been convfcted. Frned Hosted bond been ordered is deposff bail. fmprlsorred; had senfence DYES ~10 suspended. placed on probaflon or parole far violation of ANY law ar ordinance (regardless of the disposition even if dismissed ar expunged)? For trafFrc vfolatfons, Include only those that were alcohol and/or drug relafed. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or []I'ES ©I~TO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER AYES ~O had a business, professional or [iqucr APPLICATION OR UGENSE reiecfed: denied revoked. suspended or Fned in this or arry other state? 19. Has anyone EVER (fled suit or obtained a fudcrment against you in a civil action, the subject of which involved QyES QX NO fraud or misrepresentation ofa business. professional or liguor-fcense? 20. Are you NOW or have you EVER held ownershia, been a controlf'ino oersan ,been an officer. member, director, ©YES ONO or manat=er on env other ' uor license in this or any other state? !f any answer to Questions 95 through ?0 fs "YES" YOU MUST attach a signed statement Give complete details including dates, agencies involved and dispositions. !f you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 yeais? (Must provide proof} ^YES ^NO [f the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing licens 22. Do you make payments to the licensee? ^ YES ^ NO If "yes", how much? $ per mon#h. Total debt to licensee $ 23. is there a formal written contractor agreement between you and the licensee relating to the operation or management of #his business? ^ YES ^ NO if "yes", attach a copy of such agreement 24. I, J ~.t~5 Q ~,rs~+ti.N.e,b/,t.,, ,hereby declare that 1 am the APPLICANT filing #his questionnaire. {Print full name of Applicant) 1 have read this questionnaire and the intents and all sta#ements are true, correct and complete. State of County of ~~' X The foregoing ~ shument was acknowl ged ed e e me tf ignature plicant) ~ ~,~ day of ~ a ~~s.+~.,,- ..._.. , ~l''s~" N P. $OOKEFt Qay TMonth ~ "~i ezr ~7'ARY PUBLIC STATE OF MARYtANp My commission expires o~y Commis~a~ ExPiresJanuary f, 20f0 ~ ~ - r~.,,,,~~_ fYsr++~ ~.-----_,_;.,,,._ Day Month Year ~ (Signature of NOTARY PUBLIC} FILL iN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER A?PLlCP.Tat7N Licensee or Agent Approval of Manarier 25.1, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager far the named liquor license. State of County of The foregoing instrument was aclviawledged before me X day of (Signature of LICENS£EIAGENT) Day Monlh veer My commission expires on: Qay Month Year {Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 31 of 271 CLUB BYLAWS • THE RITZ-CARLTON GOLF CLUB° I~VE MC~UN'FAIN MEMBERSHIP PLAN June 2008 The Ritz-Carlton Golf Club, Dove Mountain (the "'~ is not owned or developed by, and memberships in the Club are not sold by, The Ritz-Carlton Hotel Company, L.L.C. DM Golf Investment, LLC uses The Ritz-Carlton marks under license from The Ritz-Carlton Hotel Company, L.L.C. • Regular ~'~A~eting -October 21, 2008 -Page 32 of 271 ~~- j ~:}"F y~f ~-:.'yips } c- _ T3h: S .. THE RITZ-CARLTON GOLF CLUB, DOVE MOUNTAIN MEMBERSHIP PLAN OVERVIEW MISSION STATEMENT It is our desire and intent to provide members and their guests a country club experience and environment at The Ritz-Carlton® Golf Club, Dove Mountain (` (~ub'~. Practices and policies will be established by the Club designed to promote a quality experience for all members, and superior club operations. MEMBERSHIP OPPORTUNITY This Membership Plan, the Rules and. Regulations and the Membership Agreement ("Membership Documents"} describe the membership opportunities in the Club. The Club, located in Marana, Arizona, features exceptional golf, tennis and social facilities. In order to ensure a stable source of revenue for the Club and fi,xrher the long-term success of the Club, which is an integral part of the Community (as hereinafter defined), each owner of a single- famiiy residence or homesite in the Community is required to acquire and maintain a membership with at least the sports level of dues in the Club. This mandatory membership requirement is more fully described in this Membership Ptan. Certain members are permitted to select on an annual basis membership privileges in one of two dues categories: golf or sports. The use privileges associated with membership in the Club and the respective dues options are more fully described in this Membership Plan, SPECIAL MEMBERSHIP BENEI'ITS In addition to exceptional Club Facilities (as hereinafter defined) and an extensive array of programs and activities for members and their families, membership in the Club offers a number of attractive benefits. A brief descriptioa of some of these current benefits follows and they are described in greater detail hn this Membership Plan: • Refundable Membership Deposit. The membership deposit will be refunded 100% to the member 30 years after the date the membership is issued by the Club if the member is stilt adues-paying member on such date. If the member resigns or otherwise transfers the membership before 30 years, the membership deposit will be refunded upon reissuance of the membership by the Club to a new member, less a transfer fee of 20% of the amount deposited. • Immediate Family Privileges. A member, his or her spouse, and their children who are (1) unmarried, (2) under the age of 23, and (3) either living at home, attending school on a full-time basis, or serving in the military, are entitled to the same Ievel membership privileges as the member without having to pay additional membership dues. • Extended Family Privileges. The parents, children who do not fall within the definition of immediate family, grandparents, grandchildren and great-grandchildren of the member, spouse or Designated Family Member (as hereinafter defined) and the spouses of such family members may use the Club Facilities upon payment of preferred fees. • No Assessments. Members are not subject to either operating or capitah assessments by the Club. • Pxei'erted Pricing. Members will receive certain discounts at the Club and at The Ritz- • Carlton®, Dove Mountain Resort and Spa {"Resar ") upon its opening. Regular Council Meeting -October 21, 2008 -Page 33 of 271 • • Legacy Transfer. Certain Residence Members (as hereinafter defined) may request the transfer of the membership through the Club to the member's adult child or adult grandchild in connection with the transfer of the member's residence or homesite in the Community to such adult chihd or adult grandchild, as further described in this Membership Plan. • Legacy Transfer Upon Death of Member. Upon the death of a member, the membership will automatically transfer to the surviving spouse, if any, or to his or her adult child or adult grandchild, without the payment of any additional membership deposit, as further described in this Membership flan. • Lessee Privileges. Lessees of a member's residence or homesite in the Community may enjoy certain membership privileges in the Club based on the length of the lease. • Club Concierge. A Club concierge service is available for members to arrange fox a variety of personal services and business assistance. The "Community" consists of: (f) the master planned community currently subject to the Declaration of Covenants, Conditions, Liens and Restrictions for Dove Mountain Resort CommunityTM ("Master PrQpe~ty Declaration") and known as THE RESIDENCES AT THE RITZ- CAxLTON~, DOVE MOUNTAIN {also known as the Dove Mountain Resort CommunityTM}; (2} any land annexed to the Master Property Declaration; or (3) any other residential communities designated by the Club as part of the membership program and subject to mandatory membership in the Club and designated by the Club as being within the "Community" for purposes of the Membership Documents from time to time in its sole and absolute discretion. CAREFULLY REVIEW ALL MEMBERSHIP DOCUMENTS Every applicant for membership should carefully read this Membership Plan and all of the referenced • documents and should seek professional advice to evaluate these documents. RELY ONLY ON INFORMATION IN 'I'BIS MEMBERSHIP PLAN NO PERSON HAS BEEN AUTHORIZED TO GIVE ANY INFORMATION OR MAKE ANY REPRESENTATIONS NOT CONTAINED IN THIS MEMBERSHIP PLAN AND THE REFERENCED DOCUMENTS AND, IF GNEN OR MADE, SUCH INFORMATION MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY THE CLUB. i[N THE EVENT OF A CONFLICT BETWEEN THE TERMS OF MEMBERSHIP CONTAINED IN THE MEMBERSHIP PLAN, RULES AND REGULATIONS AND MEMBERSHIP AGREEMENT AND OTHER PRINTED MATERIALS, THE MEMBERSHIP PLAN, RULES AND REGULATIONS AND MEMBERSHIP AGREEMENT, IN THAT ORDER, SHALL GOVERN. MEMBERSHIPS ARE OFFERED ONLY FOR RECREATIONAL PURPOSES MEMBERSHIPS AT THE CLUB ARE BEING OFFERED EXCLUSIVELY FOR THE PURPOSE OF PERMITTING MEMBERS THE RECREATIONAL. USE OF THE CLUB FACILITIES. MEMBERSHIPS SHOULD NOT BE VIEWED AS AN INVESTMENT AND NO MEMBER SHOULD EXPECT TO DERIVE ANY ECONOMIC PROFITS FROM MEMBERSHIP AT THE CLUB. NO FEDERAL OR STATE AUTHORITY HAS PASSED UPON OR ENDORSED THE MERI'T'S OF THIS MEMBERSHIP PLAN. PROCEDURE FOR ACQUIRING MEMBERSHIP Each person who desires to become a member in the Club must submit a Membership Agreement to the Membership Director along with a check for the required membership deposit- In the event a r Regular Council Meeting -October 21, 2008 -Page 34 of 271 _ "~s-" e v Membership Agreement is not acted upon favorably, the membership deposit will be fully refunded, without interest. MEMBERSHIP DIRECTOR AVAILABLE TO ANSWER QUESTIONS All inquiries regarding membership in the Club or this Membership Plan and referenced documents should be directed to the Membership Director at TI-IE RITZ-CARLTON GOLF CLUS~, DOVE MOUNTAIN, 12130 N. Dove Mountain Boulevard, Suite 194, Marano, Arizona .85653, or by calling 520-572-2700. You may also call or visit the Membership Office. No appointment is necessary. Regular Council Meeting -October 21, 2008 -Page 35 of 271 u1 TABLE OF CONTENTS • MEMBERSHIP PLAN OVERVIEW ...............................................................................................................i SECTION I MEMBERSHIP FEATURES AND FACILITIES.....»..»...........» ................»....»...».»....»»1 Introduction ................................................................................................................................................ ........... l Club and Resort Facilities ....................................................................................................................................... l Construction of Club Facilities ............................................................................................................................... l Additional Club Facilities .................................................... ..... ..... .........................................................................2 Personalized Member Services ...............................................................................................................................2 Preferred Pricing for Members .............................................................................:.................................................2 Ownership and Operation of Club Facilities ...:.......................................................................................................2 SECTION II MEMBERSHIP PRIYII.EGES......» ..................»..........,......».»......»...............»»..»....»....»..2 Membership and Dues Updons ............................................................................................................................. 2 Golf Privileges .......................................................................................................................................................3 Sports Privileges.......... ....................................:......................................................................................................3 Rules and Policies ........................................................................................................................................ ..........3 SECTION III NUMBER OF MEMBERSHIPS ....».».»....» ................»..................»....».»....»..»......» .......».3 Limit on Number of Memberships ............................................................................................................... .......... 3 SECTION IV FAMILY AND GUEST PRIVILEGES; LEGACY TRANSFERS .................»....».»....».»..3 Immediate Family Pavileges .....................:................................................................................................... ..........3 Privileges for Individual Living with Member .....................................:..............:.......................................... ..........3 Extended Family Privileges .......................................................................................................................... ..........4 Legacy Transfer -During Member's Lifetime ............................................................................................ ..........4 Guest Prrnnsfer -Upon Death of Member ................................................................................................ .. eges .......... ...... ..........5 • SECTION V LESSEE PRIVILEGES ........................»..........»............»..»»..»...............»....»............. ..........5 Long-Term Lessee Privileges ........................................................................................................................ ..........5 Short-Term Lessee Ptivileges ................................................................................................:...................... ..........6 SECTION VI OFFERING OF MEMBERSHIPS...»........_ .........................»......»...................»......... »»......5 Offering of Memberships ................................................................:............................................................ ..........fi Membership Requiremeat fox Property Owners Subject to Mandatory Membership requirement ................. ..........fi Reserved Memberships ................................................................................................................................ ..........6 Membership Privileges Prior to Closing ........................................................................................................ ..........7 Ownership of Multiple Residence or Homesites ........................................................................................... ..........7 Waitiag List .................................................................................................................................................. ..........7 SECTION VII TITLE AND MULTIPLE OWNERS ..........................»..»..».......................»............... .......».7 Title To Membecship .....................................................................................................:............................. ..........7 Corporate and Multiple Uwner Memberships ......................:........................................................................ ..........8 SECTION VIII MEMBERSHIP DEPOSTI' ........................»..............».».»»..........»........................ ......5 ......». Membership Deposit Required m Acquire Membership ............................................................................... ..........8 Refund of Membership Deposit .............................................................................................................................9 Member May Continue Membership at End of 30 Yeaxs ............................:...........................................................4 Deduction of Amounts Uwed to Club ...................................................................................................................4 Assurance of Completion of Club Facilities ............................................................................................................9 Additional Deposit ...............................................................................................................................................10 Tax Consequentes of Acquiring Membership .......................................................................................................10 SECTION IX .TRANSFER OF MEMBERSHII'.....» .............».».............................».......»....................... IO . Transfer of MembersEup through Club ..................................................................:............................................ .10 Transfer Upon Sale or Transfer of Residence or Homesite .....................................................................:.._..........10 Transfer Through Waiting List .............................................................................................................................10 Transfer Upan Purchase of or Transfer to Another Residence or Homesite .................................................. ....... l l ~_J Regular Council Meeting -October 21, 2008 -Page 36 of 271 iv 7f'~1"? 1 ~in i zfHt6 - ~i -- Transfer Upon Purchase of Residence or Homesite ............................................................................................. 11 Recall of Membership Upon Sale or Transfer of Residence or Homesite in Community ....................................... 1 l Repurchase of Memberships Under Other Circumstances .................................................................................... 1 ] Legal Separation or Divorce ................................................................................................................................. 12 SECTION X DUES AND CHARGES .........».»»....».».....»........» .............».»»..»»..»....»».........».............. 12 Dues, Fees and Charges ....................................................................................................................................... 12 Placement of Lien on Residence or Homesite for Noa-Payment ....................................:..................................... 13 No Assessments Against Members ....................................................................................................................... 13 Membership Year ................................................................................................................................................. 13 Payment of Dues by Resigned Member ................................................................................................................ 14 SECTION XI ACKNOWLEDGMENT OF MEMBERSHIP RIGHTS............»»...».»»».........»..»..»...... 14 Member's Acknowlecigmeat ................................................................................................................................. 14 No Pledge o£Memberships ...............................................................................................................:.................. IS SECTION XII MEMBERSHII' AGREEMENT ......»..».»..»........»........» ...............»...........»».......»........... 15 AppGcadon Procedure .......................................................................................................................................... IS Review of Membership Agreement ......................................................:............................................................... 15 Rights Governed by Membership Plan ......................................................:.......................................................... 15 SECTION XQI OTHER MEMBERSFIIPS AND USE PRiVILEGES ....»......» .........................»........».»... 15 Members in Waidng ............................................................................................................................................. 15 Invitational Memberships ..................................................................................................................................... 16 Honorary Memberships .....................................................................:............................................ ..................... 16 Company Memberslups ....................................................................................................................................... I6 Residence Club Memberships ............................................................................................................................... 16 Destination Club Memberships ............................................................................................................................ 17 Resort Guests ...................................................................................................................................................... 17 Reciprocal Privileges ............................................................................................................................................ l 7 Other Designated Communities ........................................................................................................................... 17 Sponsored Outside Guest Play ............................................................................................................................. 17 Promotional Use and Tournament or Group Play .....................:.......................................................................... 17 SECTION XIV CLUB OPERATIONS ...............».............:..»....................»»..........».»...........».......»......»..» 18 ........... Management and Uperat'toa ...................:............................................................................ ...................... 18 Board of Governors ............................................................................................................................................. 1$ SECTION XV GENERAL FROVISIONS...........»..........»..»...»...» ................................»......».................... 18 Protection of Membership Privileges .................................................................................................................... 18 Other Governing Documents .............................................................................................................................. i 8 Regular Council Meeting -October 21., 2008 -Page 37 of 271 SECTION I MEMBERSHIP FEATURES AND FACILITIES • INTRODUCTION The Membership Documents set forth the rights and privileges of membership in the Club. CLUB AND RE50RT FACILITIES Members, their families and guests will be able to enjoy the follawing exceptional amenities at the Club ("~:lub Facilities': • Jack Nicklaus Signature Golf Course consisting of 27 holes managed for member and Resort guest p~Y• • Expansive practice range with dedicated teaching areas and multiple practice greens. • Clubhouse of over 50,000 square feet with golf shop and caddie fadlities and multiple dining and entertainment areas. A members-only motor court entrance serves the members-only Iocker rooms, grill, concierge desk, board room and patio areas within the clubhouse complex. • Tennis shop and 4lighted tennis courts. In addition, members, their families and guests will have access to the following exceptional amenities located at the Resort once completed and operational ("resort Facilities': • An approximately 250-room resort hotel with luxury rooms, suites and casitas. A variety of meeting rooms and ballrooms for social and business gatherings. • A specialty dining room and bar featuring fine cuisine and beverages, a lobby bar and terrace, and a casual pool grill. • • Afull-service spa with treatment areas, beauty salon, relaxation gardens and spa pool, accessible in connection with obtaining spa treatments and services: • Residence Members will also have access to the adult and children's swim rr++ng pools with water slide, kids' splash pool and poolside lounging areas located at the Resort once completed and operational Access by members to the Resort Facilities is subject to an access agreement ("Access Agreement's between the owner of the Club, DM Golf Investment, LLC, an Arizona limited liability company (" man '~ and Dove Mountain HotelCo, LLC ("Resort Owner"}, which also provides for use of the Club Facilities by Resort guests. Use of the Resort Facilities by members, their families and guests is subject to Hiles and regulations promulgated by the Resort and in effect from time to time, including rules governing payment of fees and charges and limiting members' access to the Resort's pool facilities doting peak times. CONSTRUCTION OF CLUB FACILITIES 'Ibventy sevea holes of golf, the clubhouse and balance of the Club Facilities are anticipated to be completed and ready for use by January 2009, Although the clubhouse dining room is anticipated to be completed in January 2009, only limited food service will be available at the clubhouse until the fall of 2009, when the Resort Facilities are antiapated to be completed and ready for use. The construction of the Club Facilities will be subject to obtaining the necessary approvals and permits. Any membership deposits shall be held in escrow until, or security shall be provided for, the completion of the Club Facilities, including the first 27 holes of golf, as hereinafter provided r Regular Council Meeting -October 21, 2008 -Page 38 of 271 vin r•*-*-~ `,r,.~• i:'.,~", - t:nc '' = ~~ vt~'~ .t1 - - s. -- ADDITIONAL CLUB FACILITIES The Club may, in its sole discretion, expand the Club Facilities or add additional facilities either on or off-site, as it determines appropriate from time to time, including an additional nine holes of golf. If additional facilities are added to the Qub Facilities or the Club Facilities are expanded, the number of memberships issued in the Club may be increased. The Club may, in its discretion, allow aU: members to use the additional Club Fadlities, increase dues for all members or certain categories of membership to pay the costs associated with the additional Club Faalities, or give members the option to use the additional Club Facilities upon payment of an additional membership deposit and/or increased membership dues. If the Club adds an additional nine holes of golf and a s~virnrriixig pool, which are contemplated but not guaranteed, all members will be required to pay the additional membership deposit as set forth in the Membership Agreement and may be required to pay additional membership dues as determined by the Club in its sole and absolute discretion. PERSONALIZED MEMBER SERVICES A Club concierge service will be available to members to provide information or arrange for a variety of services. The Club conderge service is included with a membership, but the cost of certain services may be charged to the member. PREFERR$D PRICING FOR MEMBERS Members will receive preferred pricing an selected items, including golf and tennis shop soft goods merchandise, and all food and beverages purchased at the Club Facilities, except at banquets, special events or catered parties. Members will receive preferred pricing at the Resort Facilities, upon its opening and as determined by the Resort from time to time. OWNERSHIP ANA OPERATION OP CLUB FACILITIES The Company, doing business as the Club, owns and operates the Club Facilities. Where this Membership Plan refers to the Club taking action or having certain rights, the Company or its designees shall take such action and have such rights. The Club or its affiliates has entered into certain agreements with THE RITZ-CARLTON HOTEL COMPANY, I..L.C. ("RITE-CARLTON'~ in relation to the Club, the Resort Facilities, and the Community. RITZ-CARLTON will serve as the initial manager of the Club. If ane or more of these agreements are terminated, then use of TI.1E RITZ-CARLTON marks at or in connection with the Community, the Resort Facilities and/or the Club will cease, and all indicia of affiliation of the Community, the Resort Facilities and the Club with RITZ-CARLTON, and management of the Club Facilities and the Resort Facilities and any other management duties by RITZ-CARLTON maybe terminated, including any benefits and privileges offered by RITZ-CAi23..TON to members of the Qub or owners of residences or homesites in the Community under these agreements. SECTION Ii MEMBERSHIP PRIVILEGES MEMBERSHIF AND DUES OPTIONS Two dues categories of memberships are available for Residence Members. golf or sports. All other members are only eligible For the golf dues category of membership. The use privileges associated with membership in the Club and the respective dues options are more fully described below. The Club may offer certain other memberships and use privileges as described in Section XIII - ©ther MemGershifis and Use Privileges of this Membership Plan. Regular Council Meeting -October 21, 2008 -Page 39 of 271 . ~ ~,. r _'~t _i _ y 'i•_ GOLF PRIVILEGES • Members selecting golf privileges and dues {"Golf Members"} will be entitled to use all of the Club Facilities. For use of the golf course and practice facilities, Golf Members will pay a golf member usage fee, which wil! include the green fee, cart fee, and caddie fee. In addition, Golf Members will have a 14-day sign-up privilege to reserve golf tee tunes. Golf Members will have access to the tennis facilities without the payment of court fees. SPORTS PRIVILEGES Residence Members selecting sports privileges and dues {"Sorts Members' will be entitled to use all of the Glub Facilities, including the golf facilities. For use. of the golf course and practice facilities, Sports Members will be required to pap a preferred golf fee, which will include the green fee, cart fee, and caddie fee. Sports Members will have aseven-day sign-up privilege to reserve golf tee times. Sports Members will have access to the tennis facilities without the payment of court fees. The Sports Member dues option is available only to the owner of a residence or homesite in the Community. RULES AND POLICIES In arder to enhance the recreational and social pleasure of members and their guests, the Club reserves the right to establish, amend or madify, from time to tune, rules, regulations, policies, guidelines, or systems governing use, access or reservation of the Club Facilities ("Rules and :~)• SECTION III NUMBER OF MEMBERSHIPS LIMIT OIV NUMBER OP MEM$ERSHIPS • The max;n,um aggregate. number of memberships permitted is 495 memberships. However, the Club may, in its sole discretion, further limit the number of memberships available as the Club determines appropriate from time to time. See also Section XIII - OtherMembersl~i~i and Use Privileges of this Membership Ptan for additional types of memberships the Club may issue. SECTION IV FAMILY AND GUEST PRIVILEGES; LEGACY TRANSFERS IMMEDIATE FAMILY PRIVILEGES , A member's immediate family will be entitled to use the Club Facilities and Resort Facilities an the same. basis as dae member. A member, his or her spouse, and their children who are (1) unmarried, (2) under the age of 23, and {3) either living at home, attending school on a full-time basis, or serving in the military. PRIVILEGES FOR INDIVIDUAL LIVING VUrITH MEMBER A member who lives with another individual (other thaw an immediate family member) in the same household as a family unit on a permanent basis may apply for family status designation for the other individual to use the Club Faalities and Resort Facilities as an immediate family member ("Designated Family Member'. A member may have only one Designated Family Member at any time. The Designated Family Member's children who are (1) unmarried, (2) under the age of 23, and (3) either living at home, attending school on a fuIl-time basis, or serving in the military, will also be entitled to use the Club Facilities and Resort Facilities as immediate family members. The member shall be responsible for the payment of all chargres and fees incurred by the Designated Family Member and their respective immediate family members. The Club reserves the right to establish Regular Council Meeting -October 21, 2008 -Page 40 of 271 - s such fees and other rules and require the member and Designated Family Member to submit such information and forms as the Club deems appropriate. The Designated Family Member may be changed only one time per membership year with the payment of a redesignation fee, as determined by the Club in its sole and absolute discretion. E%TENDED FAMILY PRIVILEGES A member's, spouse's or Designated Family Member's extended family will be permitted to use the Club Facilities and Resort Facilities in accordance with the member's category of membership upon payment of preferred fees and access fees. The extended family shall include {1) the parents, children who do not fall within the definition of immediate family, grandparents, grandchildren and great- grandchildren of the member, spouse or Designated Family Member, and {2} the respective spouses of such extended family members. The Club {and/or the Resort, with respect to the Resort Facilities) may modify or terminate Ibis privilege and establish such rules with respect thereto as it may determine from time to time. LEGACY TRANSFER -DURING MEMBER'S LIFETIME A member owning a residence or homesite in the Community subject to a mandatory membership requirement ("Residence Member") can request the transfer of his or her membership through the Club to his or her adult child or adult grandchild who is approved for membership in the Club without the payment of any additional membership deposit. The membership transfer must be made in connection with the transfer to the same adult child or adult grandchild of the Residence Member's residence or homesite. To effectuate the transfer to an adult child or adult grandchild, the member shall resign the membership and the Club shall pay to the member 100°l0 of the membership deposit previously paid by the member fPr the membership. The adult child or adult grandchild will then purchase the membership from the Club at the same membership deposit which was previously .paid by the Residence Member. Anew 30-year period for the refund of the membership deposit shall commence for the adult child or adult grandchild, and if the adult child or adult grandchild resigns or otherwise transfers the membership prior to the end of this new 30-year period, the adult child ar adult grandchild will be.refunded the membership deposit he or she paid less a transfer £ee of 20°l0 of such original amount; in accordance with Section VIII -Mem6errb~ Dejiotit. This transfcr of the membership to an adult child or adult grandchild shall not be subject to any waiting lists. This intervivos legary transfer is available only once per membership. The legacy transferee may not transfer the membership to his or her children or grandchildren without the concurrent payment of the then current membership deposit amount. If the legacy transfer occurs after the original membership deposit has been refunded to the original member, the legacy transferee will be required to make the same membership deposit previously made by the original member. LEGACY 'TRANSFER -UPON DEATH OF MEMBER Upon the death of a Residence Member, the membership will automatically transfer to the spouse, if any, or to his or her adult child or adult grandchild without the payment of any additional membership deposit, provided such spouse, adult child or adult grandchild inherits or otherwise takes ownership of such residence or homesite directly from the deceased member or his or her estate within a 180-day period following the date of death. Anew 30-year period for the refund of the membership deposit to the spouse, adult child or adult grandchild taking ownership of the residence or homesite shall commence as of the date of death of the deceased member. If no spouse, adult child or adult ,grandchild takes ownership of the residence or homesite, the membership will be deemed resigned upon the transfer of the residence or homesite to a subsequent owner and the membership will. be transferred through the Club to the subsequent owner. Upon the death of a member who does not own a residence or homesite in the Community subject to a mandatory membership requirement, the membership will be transferred to the member's spouse without the payment of any additional membership deposit. This death legacy transfer is Regular Council Meeting -October 21, 2008 -Page 41 of 271 • available only once per membership. If there is no surviving spouse or the surviving spouse does not desire to continue the membership, the membership will be deemed to have bees resigned effective as of the date of death of the deceased member, and will be reissued by the Club on the same basis as any other resigned membership, except that the refund paid to the estate of the deceased member will not be subject to a transfer fee. The legacy transferee may not transfer the membership to his or her spouse, adult children or adult grandchildren without the payment of the then current membership deposit amount. If the legacy transfer occurs after the original membership deposit has been refunded to the original member, the legacy transferee will be required to make the same membership deposit previously made by the original member. GT3EST PRIVILEGES Members may have guests use the Club Facilities in accordance with the member's category of membership and the Rules and Regulations Houseguest privileges will be extended to a guest of a Residence Member while that guest is residing in the Residence Member's residence of homesite. All other guests of a member shall be considered day guests. Houseguests of a member who owns a residence or homesite in the Community are permitted to use the Club Facilities unaccompanied by the member upon payment of preferred fees and in accordance with the Club's Rules and Regulations. The use of the Club Facilities by day guests will be subject to the Club's Rules and Regulations and the payment of applicable fees. Unaccompanied day guests must be sponsored by a member in advance and approved by the Club, and will be subject to further restrictions as provided in the Club's Rules and Regulations, as may be amended and adopted by the Club from time to time. Use of the Resort Facilities by members, their families and guests is subject to rules and regulations promulgated by the Resort and in effect from time to time, including rules governing payment of fees and charges and limiting members' access to the Resort's pool faciiities during peak times. • The Club may, if necessary, further limit the number of guests and the number of times a particular guest may use the Club Facilities during each membership year. The member will be responsible for the payment of charges incurred by his or her guests including any applicable daily guest fees established by the Club from time m time. Members will also be responsible for the actions and conduct of their guests. SECTION V LESSEE PRIVILEGES Lo1~G-TERl~f LESSEE PRIVILEGES A Residence Member who leases his or her residence in the Community for a period of one year or longer may designate the lessee of his or her residence as the beneficial user of the membership, subject to the approval of the Club. The lessee must submit an Application for Long Term Lessee Privileges, must be approved by the Club, and must pay the required administrative fee established by the Club from time to time. During the period when a lessee is the designated user of the membership, the Iessor member may (1) continue to use the Club Facilities on the same basis as a Resort guest, or {2) if desired by the lessor, elect to pay additional monthly dues and continue to use the Club Facilities as a Golf Member or a Sports Member, depending upon the dues level elected. The lessor member will at all times be responsible to the Club for the lessee's membership dues {and the additional dues if elected). The Iessor member will also be responsible to the Club for all charges incurred by the lessee which are not paid within the customary billing and collection procedures of the Club. The 3essor will be responsible far the actions and conduct of the lessee and his or her family members and guests. • Regular Council Meeting -October 21, 2008 -Page 42 of 271 SHORT-TERM LESSEE PRIVILEGES Short term lessees of a Residence Member's residence in the Community fox a period of at least three months, but less than one year, map have limited use of the Club Facilities on a basis similaz to Resort guests and upon the payment of the required daily access fee, preferred golf fee and such other charges as the Club determines from time to time. The lessee must submit an Application for Short-Term Lessee Privileges, must be approved by the Club, and must pay any administrative fee established by the Club from time to time. During the period when a member's residence in the Community is occupied by a short-term lessee, the lessor member remains responsible for the payment of all membership dues and is entitled to his or her membership privileges. The member will also be responsible to the Club for all charges incanted by the lessee which are not paid within the customary billing and collection procedures of the Club. The lessor will be responsible for the actions and conduct of the lessee, his or hex family members and guests. SECTION VI OFFERING OF MEMBERSHIPS OFFERING OF MEMBERSIiIPS Meknberships will be offered to initial purchasers of a residence or homesite in the Community, and such other persons as the Club detenxunes appropriate from time to time, including persons wha do not own real property in the Community. MEMBERSHIP REQUIREMENT FOR PROPERTY OWNERS SUBJECT TO MANDATORY MEMBERSHIP REQUIREMENT The Master Property Declaration provides that each initial and resale purchaser or transferee of a residence or homesite in the Dove Mountain Resort CommunityTM ar any land annexed to the Master Property Declaration is subject to a mandatory membership requirement. In addition, any other residential communities designated by the Club as part of the membership program and as being within the Community is subject to mandatory membership in the Club. The mandatory membership requirement in the Club means that the purchaser or transferee must acquire on or before the closing of escrow on the purchase of his or her residence or homesite and maintain in good standing thereafter atleast a Sports Membership. Therefore, each such purchaser or transferee must submit a Membership Agreement and pay the required membership deposit on or before the closing of escrow. OWNERSHIP OF A RESIDENCE OR HOMESITE IN THE COMMUNITY DOES NOT GIVE ANY VESTED RIGHT OR EASEMENT, PRESCRIPTIVE OR OTHERWISE, TO USE THE CLUB FACILITIES OR TO ACQUIRE A MEMBERSHIP IN THE CLUB, AND DOES NOT GRANT ANY OWNERSHIP OR MEMBERSHIP INTEREST IN THE CLUB. OR THE CLUB FACILITIES. Non-payment of dues, fees and charges by a member who is the owner of a residence ar homesite in the Community subject to a mandatory membership requirement may result in the enforcement of the Club Charges Lien (as hereinafter defined) on the property, as set forth in the Master Froperty Declaration or any applicable declaration, and as provided in Section X - Placemesat of a Lien on Kcrirlence or Hame.~ate forlVon-Payment of this Membership Plan. RESERVED MEMBERSHIPS All of the unissued memberships will be reserved by the Club and will not be considered to be available memberships in the Club. The Club may not be compelled to sell a reserved membership other than with respect to residences br hamesites in the Community subject to the mandatory membership requirement. The Club may issue a reserved membership {other than memberships reserved for residences or homesites in the Community) to any person whom the Club determines appropriate, in its sole discretion, from time to time, including persons who do not own a residence or homesite in the Community. Regular Council Meeting -October 21, 2008 -Page 43 of 271 _ .+ r-<r MEMBERSHIP P • RIVILTGES PRIOR TO CLOSING The Club may, in its sole and absolute discretion, aIIow the initial purchaser of a residence or homesite in the Community to use the Club Faalities and Resort Facilities as a member prior to the closing of escrow on his or her residence or homesite. The prospective purchaser will be required to pay the applicable membership deposit, dues, fees and other charges established by the Club from time to time. In the event the prospective purchaser does not timely close on the residence or homesite, the Club may terminate the membership privileges by returning m the prospective purchaser the full membership deposit and the unused portion of any dues, fees and charges paid by the prospective purchaser in advance for the remainder of the membership year. OWNERSHIP OP MUL,TIPLB RESIDENCE OR HOMESITES If a person ar entity acquires (either by purchase ox transfer) two ar more residences ar homesites in the Community, such person or entity must acquire a membership with at least the sports level of dues for each such residence or homesite by making the current membership deposit and paying monthly dues and other charges. However, if a person or entity acquires {either by purchase or transfer) two or more contiguous homesites iin the Communuty subject to mandatory membership requirement but constructs only one residence and prior to occupancy of the residence has the homesites legally combined into a single tai parcel, such person or entity may, at the Club's sole and absolute discretion, acquire only one membership and make the current membership deposit and pap monthly dues and other charges for that one membership. if the single homesite is thereafter divided into multiple residences or homesites, then the owner of each such residence or homesite must acquire a membership and pay the applicable membership deposit, monthly dues and other charges for each residence or homesite, subject to the terms and conditions of the Membership Documents, even if the same person is the owner of such residences or homesites. WAITING LIST • If a person or entity, other than a purchaser or transferee of a residence or homesite in the Community subject to a mandatory membership requirement, desires to acquire a membership in the Club, but a membership is not available, the Club may establish a waiting list for available memberships. If so established, persons on the waituag list will be offered a membership from resigned memberships, in accordance with the following order of priority, subject to and in accordance with the Membership Documents: Fir to members in waiting (as described in Section XIII); co d m Invitational Members of the Club (as described in Section XII~; to owners of a residence. or homesite in the Community, or in other communities designated by the CIub who are not members of the Club; and Fourth, to all other persons who desire a membership. SECTION VII TITLE AND MULTIPLE OWNERS TITLE TO MEMBERSHIP A Club membership held by an owner of a residence ar homesite in the Community must be held in the name in which title to the residence ox homesite is held. A membership may, if applicable and subject to the approval of the Ciub in its sole and absolute discretion, be held in the name of a limited liability company, corporation, partnership, trust or other form of association (collectively, an "enrity"). In the case of a residence or homesite in the Community held in the name of more than one natszral person (other than spouses) or an entity (in whatever combination}, the membership may be held jointly in the names of up to three natural persons {other than spouses) or entities (in whatever combination) who directly own tine to the residence of homesite jointly, subject to the • Regular Council Meeting -October 21, 2008 -Page 44 of 271 E•~ =t~E further provisions below. If such residence or homesite in the Community is subject to a mandatory membership requirement, each owner (regardless of number) of the residence or homesite must sign a consent and acknowledgement, in a forth approved by the Club, that non-payment of dues, fees and charges map result in the enforcement of the Club Charges Lien on.the property, as set forth is the Master Property Declaration or any applicable declaration, and as provided in Section X Placement of a lien on I~esadence or Homerite fvrNon-Payment of this Membership Plan. A Club membership held by anon-resident of the Community may be held in the name of the natural. person or the entity purchasing the membership. A membership held by an entity is referred to as a "co ora e" membership for purposes of this Membership Plan and all Membership Documents. CORPORATE AND MULTIPLE OWNER MEMBERSHIPS In the event a membership is held in the name of an entity or in the names of multiple owners of a residence or homesite, the membership owners} shall have the right to designate no more than three natural persons (each a "De~Qnate Llser'~ per residence or homesite to use the membership privileges associated with the membership. A Designated User must be either (1} a bona fide director, officer, partner, manager, member, shareholder or employee of an entity owner {whether jointly or independently}, (2) a benefaciary, trustee or settlor of the entity if the membership is held (whether jointly or independently) in the name of a trust; or (3) the natural person holding title jointly to the residence or homesite. Bach Designated User must submit a Membership Agreement and will be subject to approval of the Club. Notwithstanding the name in which title to the Club membership is held, each owner {regardless of number) of a residence or homesite and each Designated User must sign a consent and acknowledgment, in a form approved by the Club, that all such owners and Designated Users will be personally, jointly and severally liable for all dues, fees and charges associated with the membership. Only the Designated Users and their immediate and extended families shall be entitled to the membership rights and privileges. Each Designated User will have the same rights and privileges as individual members. Only one membership deposit will be required for multiple-ownership memberships but each Designated User must pay the full amount of any membership dues required. The Designated Users maybe changed prior to the start of each membership.year in accordance with the Rules and Regulations and upon payment of any redesignation fee established by the Ciub. Notwithstanding the above, the owner(s) of a corporate or multiple-owner membership may submit a Membership Agreement for a new Designated User at any time in the case of the death of a Designated User or upon the termination of the relationship between the Designated User and the entity. The Club intends to limit the number of these corporate and multiple-owner memberships and may impose terms and conditions on the use of them from time to time, in the sale and absolute discretion of the Club, so that the use of the Club Facilities by multiple owners does not result in overcrowding or cause inconvenience to other members. No person other than the Designated Users and their immediate and extended family will be entitled to simultaneously use the membership, regardless of their ownership interest in the entity, the membership or the residence or homesite. Notwithstanding the foregoing, if the multiple owners of a residence or homesite exceed the permitted number of Designated Users, the non-Designated Users may apply for individual memberships, in the Club's sole and absolute discretion. SECTION VIII MEMBERSHIP DEPOSIT MEMBERSHIP DEPOSIT REQUIRED TO ACQUIRE MEMBERSHIP Bach person or entity that desires to acquire a membership must pay a membership deposit then in effect on the date of application for a membership. Membership deposits are transferable only through the Club, except as specifically provided in this Membership Plan, and are refundable only in accordance with the Club's Membership Documents. Regular Council Meeting -October 21, 2008 -Page 45 of 271 st~ s-.F~ ~'n'% ;.i'z~,--`. L+-s Ste.. _~ REFUND OF MEMBERSHIP DEPOSIT One hundred percent (S00%) of the membership deposit paid by a member will be refunded, without interest, by the Club to the member 30 years after the date the membership is issued by the Club provided that the membership has not been resigned or otherwise transferred by the member within such 30-year period. The membership deposit paid by a member, less a transfer fee of 20°l0 of the oxiginal deposit amount, will be refunded, without interest, by the Club to the member within 30 days after the reissuance of the resigned membership by the Club to a new member if the membership is resigned and reissued less than 30 years after the member joins the Club, in accordance with Section IX- Transfer of Mem6errhip of this Membership Plats. The Club's obligation to refund the membership deposit to the rriember shall be evidenced by the Membership Agreement. Anew 30-pear period fox the refund of the membership deposit begins on the date (Z) tt~e membership is reissued, (2) the intervivos legacy transfer occurs, or (3} the death legacy transfer occurs. Upon the reissuance of a resigned membership to a new member, any difference between the amount deposited by the new member and the amount refunded to the resigning member will be retained by the Club. The Club's obligation to refund the membership deposit shall be subject to set-off for all amounts due by the member (or in the case of a corporate or multiple-owner membership, alI Designated Users, past and present) to the Club that remain unpaid upon the date the membership deposit is refundable. ]:n the event a dispute arises between two or more parties as to who is entitled to the refund of the membership deposit, the Club in its sole discretion may file an interpleader action or similar type action and thereby deposit the refund amount into the registry of a court of competent jurisdiction for the court to determine who is entitled to the refund without recourse to the Club. The Club shall be entitled to reimbursement of reasonable attorneys fees and costs for filing such interpleader • action. MEMBER MAY CONTINUE MEMBERSHIP AT END OF 30 YEARS A member who continues to be a member in good standing for 30 years will receive a refund of the membership deposit previously paid by the member at the end of such 30 years, will continue to enjoy membership privileges, and will contiue to pay the applicable membership dues, fees and charges until the member resigns. Any member who continues membership after having been refunded his or her deposit after 30 years will not be counted toward any cap or limits on the total number of members ar the number of members in any category. .DEDUCTION OF AMOUNTS OWED TO CLUB The Club will deduct from any amount to be refunded to the member any amount that the member (or in the case of an entity or multiple-owner membership, all Designated Users, past and present) owes the Club for unpaid dues, fees or charges of any nature whatsoever. ASSURANCE OF COMPLETION OF CLUB FACILITIES Until completion of the Club Facilities, any membership deposits will beheld in escrow by a financial institution or other independent escrow agent pursuant to an Escrow Agreement for Membership Deposits. If the Glub provides security ensuring completion of the Club Facilities or a refund of amounts paid in respect of a membership in the Club if the Club Facilities are not completed or if completion of the Club Facilities is otherwise assured as more particularly provided in the Escrow Agreement for Membership Deposits, the escrow agent is authorized to release amounts held in escrow, all as more particularly provided in the Escrow Agreement for Membership Deposits. A copy of the Escrow Agreement for Membership Deposits will be available for review in the Membership Office. • Regular Council Meeting -October 21, 2008 -Page 46 of 271 ADDITIONAL DEPOSIT If the Club adds an additional 9 holes of golf and a swimming pool, as are contemplated but not guaranteed, all members will be required to pay the additional membership deposit as set forth in their Membership Agreement. Non-payment of the additional membership deposit will result in suspension of the member's membership privileges, or in the case of a Residence Member may result in the enforcement of the Club Charges i.ien on the Residence Member's property, as set forth in the Master Property Declaration or any applicable declaration, and as provided is Section X - Placement of a Lien on I~eridence or Homerite for Non Payment in this Membership Plan TA% CONSEQUENCES OF ACQUIRING MEMBERSHIP The Club makes no representations and expresses no opinions regarding the federal, state or local income tax consequences of acquiring a membership or with respect to any membership deposits paid to the Club. All persons acquire their membership subject to all. applicable tax laws, as the same may be amended from time to time. Accordingly, members should consult with their own tax advisors with respect to the tax consequences of any membership deposits. SECTION IX TRANSFER OF MEMBERSHIP TRANSFER OF MEMBERSiiiP THROUGH CLUB A Residence Member is permitted to resign his or her membership only in connection with the sale or other transfer of his or het residence or homesite in the Community and then only upon the reissuance of the membership to the purchaser or transferee of the residence or homesite. Such member who has sold or transferred his residence or homesite in the Community shall remain liable for monthly dues and for other charges and fees incurred by the member until the membership is reissued by the Club to the purchaser of the residence or homesite. Other members may resign their membership and arrange for the Club to reissue the membership. Should a member desire to resign from the Club, the member must give written notice to the Club. Resignation of a membership is irrevocable, unless otherwise determined by the Club. An Invitational Member (as hereinafter defined) may not transfer or sell his or her membership to any person or entity. TRANSFER UPON SALE OR TRANSFER OF RESII}ENCE OR HOMESITE A Residence Member who sells or otherwise transfers his or her residence or hamesite in the Community may arrange with the Club far the reissuance of his or her membership to the subsequent purchaser or transferee of his or her residence or homesite in the Community. The subsequent purchaser or transferee of a residence or homesite in the Community subject to a mandatory membership requirement will. be required to submit a Membership Agreement and will be required to make the membership deposit in the amount currently in effect. The subsequent purchaser or transferee must make the membership deposit and acquire the membership before or at the closing of escrow on the purchase of the residence ox homesite. The membership deposit of the seller or transferor (less a transfer fee of 2Q% of the deposit amount} shall not be refunded until the subsequent purchaser or transferee makes the necessary membership deposit. This provision applies to any third-party sales, any txansfer by gift and any transfer to or from an entity, but is not applicable to intervivos legacy transfers or death legacy transfers, as provided in Section IV- Famzly and Gzrest Prrvileger, Legacy Tranrferf . TRANSFER TI~ROUGH WAITING LIST A resigned membership, other than in connection with the sale or transfer of a residence or homesite in the Community subject to the mandatory membership requirement, will be placed on a waiting list and will be reissued on afirst-resigned, first-reissued basis as follows: Regular Council Meeting -October 21, 2008 -Page 47 of 271 10 a Prior to the initial sale b the Club of all membershi s ev fourth membershi issued 1 in • ~) Y P ~ ~Y P ~ 4} by the Club will be a resigned membership from the waiting list, provided there is a resigned membership on the waiting list. The other three memberships .sold will be from the. - Club's unissued memberships. This procedure allows the reissuance of resigned memberships prior to the issuance of all memberships in the Club. (b} After the initial sale by the Club of all memberships, each membership sold will be a resigned membership from the waiting list. TRANSFER UPON PURCHASE OF OR TRANSFER TO ANOTHER RESIDENCE OR HOMESITE If a Residence Member sells ar transfers his or her residence or homesite avithin the Community, and acquires another residence or homesite within the Community, he or she may continue the original membership with the original membership deposit If the Residence Member purchases the other residence or homesite from the Company, its affiliate, or designee, the purchaser of the member's original property in the Community wiU then receive a reserved membership far the then current membership deposit. If the Residence Member acquires the other residence or homesite in the Community from another member who resigns his or her membership upon the sale or transfer of the residence or homesite, the purchaser of the first member's original property in the Community can then acquire through the Club such resigned membership for the then current membership deposit, subject to submission of proper forms from both the member moving within the Community and the resigning member. A selling Residence Member who has not purchased another residence or homesite in the Community will be required to either resign the membership or become a member in waiting (as hereinafter described), if there is not an available membership for the member moving into the Community. TRANSFER UPON PURCHASE OF RESIDENCE OR HOMESITE • If a member, who does not own a residence or homesite in the Community subject t:a~the mandatory membership requirement, purchases or otherwise acquires a residence or homesite is the Community r that is subject to the mandatory membership requirements, the membership will be converted to a Residence Membership of at least a sports dues level and the original membership deposit and 30- year refund period will be applied to this Residence Membership. Upon purchase or acquisition of the residence or homesite, the Residence Member must complete and sign an acknowledgement that the purchased or acquired residence or homesite will be subject to the Club Charges Lien. RECALL OF MEMBERSHIP UPON SALE OR TRANSFER OF RESIDENCE OR HOMESITE IN COMMUNITY if a Residence Member sells or transfers his or her residence or homesite in the Community, does not acquire another residence or homesite in the Community and does not resign from the Club in connection with the sale or transfer, and if memberships are then available to non-residents of the Community, then the Club map reran the membership at any tune in its sole discretion. If the membership is recalled prior to the end of the 30-year period, the member will be entitled to a refund of 100% of the membership deposit paid to join the Club within 30 days after the membership is recalled. REPURCHASE OF MEMBERSHIPS UNDER OTHER CIRCUMSTANCES The Club is not obligated to repurchase a membership under any circumstances, other than the circumstances spedfically described in this Membership Plan. The Club may, in its sole and absolute discretion, repurchase any membership it deems advisable by repaying to a member the amount to which the member is entitled upon reissuance of the membership, or on such other terms agreed to by the Club and the member. If the CIub repurchases any membership on terms agreed to by the Club and the member, no other member shall have the right to compel the Club to repurchase his or Regular Council Meeting -October 21, 2008 -Page 48 of 271 11 PLC ~i.2 S~ er~rE ~~F- ~ ~ ~i~ L^ - her membership an such basis or any other basis. Any membership so purchased shall. be added to the Cli,b's reserved memberships. LEGAL SEPARATION OR DIVORCE For a member who owns a residence or homesite in the Community subject to a mandatory membership requirement, in the event of divorce or separation of spouses, the membership, including all of its rights and benefits, will vest in the spouse awarded the residence or homesite by an agreement of separation or a decree of divorce. For members who do not own a residence or homesite in the Conununitq subject to a mandatory membership requirement, in the event of the divorce or separation of spouses having membership privileges, the membership, including all of its rights and bene5ts, will vest in the spouse awarded the membership by an agreement of separation or a decree of divorce. Until the award of the residence or homesite or membership, as the case may be, and written notice thereof is provided to the Club, both spouses will be jointly and severally liable for all dues and charges and both map continue to enjoy membership privileges so long as such amounts are timely paid. The Club reserves the right, in its sole and absolute discretion, not to transfer the membership to either spouse if the Club, in its sole and absolute discretion, is unable to determine the person who is lawfully entitled to receive the membership. In the case of divorce of members who do not own a residence or homesite in the Community subject to a mandatory membership requirement, if the Club has been unable to determine which spouse is legally entitled to the membership within six months after the date of the divorce decree, the membership shall automatically be deemed resigned and the Club will hold the membership deposit (less the 20°lo transfer fee} pending receipt of Bather a court order or agreement of both spouses with instructions as to the manner in which the refund should be issued. In the event the Club has not received the above information within 30 days of its request for such information, the Club in its sole discretion may file an interpieader action or similar type action and thereby deposit the refund amount into the registry of a court of competent jurisdiction for the court td determine who is entitled to the refund without recourse to the Glub. The Club shall be entitled tv a reimbursement of reasonable attorneys fees and costs for filing such interpleader action. The Club reserves the right to petition the divorce court to determine who is entitled to the refund, if any, once the membership is reissued. SECTION X DUES AND CHARGES DUES, FEES ANTI CTiARGES The Club will detemune the amount of dues, fees and charges to be payable by members each year. Dues shall be payable on a monthly basis on or before the first day of each month, unless otherwise determined by the Club from time oa time. The current dues, fees and charges for use of the Club Facilities are indicated on the Schedule of Dues, Fees and Charges. The amount of dues, fees and other charges is subject to change from time to time upon reasonable notice by the Club. For collection of dues, fees and charges, the Club has the option to: (1} send the member a monthly invoice payable upon receipt; (2) charge a credit card provided by the member to the Ciub; or (3) debit a bank or other financial institution account provided by the member to the Club, such option to be at the discretion of the Club from time to time. For Residence Members, payment of dues will commence at closing of escrow on the. residence or homesite, unless the Club allows the initial purchaser of the residence or homesite to use the Club Facilities as a member prior to the closing on his or her residence or homesite as provided in Section VI - "Memhershzp Przrrileges Prior to Closing" of this lVfembership Plan, and then dues will oomrnence upon issuance of the membership. For members who do not own a residence or homesite in the Regular Council Meeting -October 21, 2008 -Page 49 of 271 12 Communi sub~ect to a mandato membershi re uiremen a meat of dues will commence u • ty 1 rY P q ~ P y 1~ issuance of the membership. A certain number of homesites, as determined by the Club, sold to initial purchasers may have dues payments commence upon the earlier of {1) the second anniversary of the closing of escrow on the homesite, or (2) the issuance of the certificate of occupanry for the residence constructed on the homesite. Payment of dues by members is a continuing obligation of membership which is not suspended by the closure of anp or all of the Club Facilities that result from (1) acts of God, natural disasters, pestilence, weather, fires, the need to replace turf and landscaping on the Club property due to disease or other unanticipated cause, requirements imposed by governmental authorities after the date hereof or any events beyond the reasonable control of the Club, or (~ a major golf tournament If a member fails to pay any dues, fees and other charges, the Club may suspend the member's privileges for non-payment and may take such other remedies including, but not limited to, with respect to members who own residences or homesites in the Community subject to a mandatory membership requirement, the enforcement of the Club Charges Lien on the member's property is the Community, as set forth in the Master Property Declaration or any applicable declaration, and as provided in this section. PLACEMENT OP LIEN ON RESIAENCE OR HOMESITE FOR NON-PAYMENT The dues, fees and charges which may become due and payable to the Club by a Residence Member shall be a charge, continuing servitude and lien on the applicable property of a member subject to a mandatory membership requirement under the Master Property Declaration or any applicable declaration {"Club Charges Liea'~. The dues, fees and charges that become due and payable to the Club by a member shall also be the personal obligation of the member who owns a residence or homesite in the Community. Each member who owns or is acquiring a residence or homesite in the Community subject to a mandatory membership requirement, by executing the Membership • Agreement, agrees to the imposition of the Club Charges Lien on such member's residence or homesite to which the dues, fees and charges relate, and agrees to be personally liable for the dues, fees and charges as provided in the immediately preceding sentence. The personal obligation for delinquent dues, fees and charges shall not pass to the successors in title of the member responsible therefor unless expressly assumed by such successors, but any successor in title to the responsible member shall take title to the property subject to the Club Charges Lien for all delinquent and Curare dues, fees and charges. The Club shall have the right to collect delinquent dues, fees and charges from the responsible property owner and to enforce its Club Charges Lien against the subject residence or homesite by the exercise of all rights and remedies available at law or in equity, including foreclosure of the Club Charges Lien. NO ASSESSMENTS AGAINST MEMBERS Members viii only mare a membership deposit and pap membership dues, fees and other charges established from time to time. Members will not be subject to any liability for capital or operating assessments for the costs and expenses of ownership or operation of the Club or the Club Facilities. The Company wi]i pay all operating deficits incurred in the operation of the Club Facilities and will retain all operating revenues resulting from operation of the Club Facilities. Annual increases in dues shall not be deemed an assessment for purposes of this provision. Dues may be increased only once per year unless a new Ciub facility is opened during the year. The Club operating budget and the calculation of the dues will include a reserve for capital replacements and improvements and this shall not be deemed an assessment for purposes of this provision. MEMBERSHIP YEAR The Club's membership year will constitute the Z2-month period commencing January 1 and ending December 31, unless otherwise established by the Club from time to time. r Regular Council Meeting -October 21, 2008 -Page 50 of 271 l3 i L°e i L'1 i a~- r- a t~i 1 Y~L PAYMEN3' OF DUES BY RESIGNED MEMBER As indicated in Section IX -- Tmn~r ofMemberrbaj~ provisions, a member who owns a residence or homesite in the Community subject to a mandatory membership requirement may not resign his or her membership except in connection with the sale or other transfer of the residence or homesite, and therefore, must pay dues until such sale or other transfer of the residence or homesite. A member who does not own a residence or homesite in the Community subject to a mandatory membership requirement and who resigns from the Club shall not be permitted to use the Club Facilities upon resignation and will be relieved from the payment of any further dues, fees and charges. SECTION XI ACKNOWLEDGMENT OF MEMBERSHIP RIGHTS MEMBER'S ACKNOWLEDGMENT Membership in the Club pewits the member to use the Club Facilities in accordance with this Membership Plan and the Rules grid Regulations. Membership in the Club is not an investment in the Company or the Club Facilities and does not give a member a vested or prescriptive right or easement to use the Club Facilities. Membership in the Club does not provide a member with an equity or ownership interest or any other property interest in the Company or the Club Facilities. A member acquires only a revocable license to use the Club Facilides in accordance with the terms and conditions of the Membership Plan and the Rules and Regulations, as the same may be amended from time to time, and the Membership Agreement: All. rights and privileges of members under the Membership Documents are subordinate to the lien of any mortgage encumbering the Club Facilities from time to time. The Club reserves the right, in its sole and absolute discretion, to terminate or modify this Membership Plan and the Rules and Regulations, to reserve memberships, to sell, lease or otherwise dispose of the Club Facilities ira any manner whatsoever and to any person whomsoever, to add, issue, modify or terminate any type, categ©ry or class of membership, to discontinue operation of any or all of the Club Facilities, and to mare any other changes in the terms and conditions ~of membership or in the Chub Facilities available for use by members. Notwithstanding anything herein to the contrary, the Club may not change the following two provisions retroactively far members of the Club as of the effective date of the proposed rhan~ to such provision: (1) the provision for a member's right to a refund of his or her membership deposit; and (2) the provision for a member to arrange for the membership to be transferred by the Club to the subsequent purchaser of his or het residence or homesite in the Community in accordance with Section IX -- TraruferofMemberrbip provision of this Membership Plan. in the event of termination of the Membership Plan, termination of a person's category of membership or the discontinuance of operation of all or substantially all of the Club Facilities, the Club wiil refund the membership deposit to the affected member(s) within thirty {30) days. In the event that the Club Facilities are sold and the buyer assumes liability for the repayment of the appropriate membership deposit as provided in the Membership Agreement, the member shall look solely to the new owner for repayment of the membership deposit and the seller of the Club Facilities shall be released from ali liability for the repayment thereof. In the event of a sale of the Club Facilities other than a foreclosure sale, the buyer shall take title subject to the terms and provisions of the then existing Membership Plan. Neither the Company nor its affiliates shall have any liability whatsoever to the members in the event the Club Facilities are not constructed, other than the return of the member's membership deposit, without interest. Regular Council Meeting -October 21, 2008 -Page 51 of 271 14 -Ilv ~~ a L°`-s ~ S NO PLEDGE OP MEMSERSHIPS • A member may not pledge or hypothecate the membership except to the extent the lien or security interest is incurred as a result of obtaining the membership privileges. SECTION XII MEMBERSHIP AGREEMENT APPLICATION PROCEDURE Each person who desires to become a member must mail or deliver to the Membership Director a fully. completed and signed Membership Agreement along with a check for the required membership deposit. In the event the agreement submitted by a prospective member who does not own a residence or homesite %n the Community subject to a mandatory membership requirement is not acted upon favorably, the membership deposit will be fully refunded, without interest. Each initial and resale purchaser or transferee of a residence or homesite in the Community subject to a mandatory membership requirement must acquire at Least a Sports Membership before or at the closing of escrow on the purchase or other transfer of the residence or homesite. Therefore, provisions for approval of membership do not apply to owners subject to mandatory membership requirement who acquire a Sports Membership, unless otherwise detemvned by the Club. Notwithstanding anything to the contrary herein, the sale basis upon which the Club may deny admission to a purchaser of a residence or homesite in the Community subject to a mandatory membership requirement who applies. for a membership shall be that the applicant, or in the case of . title to the residence or homesite being held in the name of more than one person, any such person is a convected felon. However, any Sports Member who desires rA acquire the golf level of dues must submit a Membership Agreement for Golf Members and must be approved for such Golf Membership. In the event the agreement is not acted upon favorably, such member will remain a Sports Member.. REVIEW OP MEMBERSHIP AGREEMENT ... A11 applicants desiring a membership riaust be approved by the Club. The Club map require an interview with the Membership Director, and jot othee designees of the Club. After receiving the Membership Agreement, the Club will determine. whether the applicant has satisfied the relevant conditions of membership. In the event the Membership Agreement is not acted upon favorably, the applicant will receive a refund of any amount previously paid, without interest. RIGHTS GOVERNED SY MEMBERSHIP PLAN Members of the Club agree to be bound by the teens and conditions of the Membership Documents, as amended from time to time, and irrevocably agree to fully substitute the membership privileges acquired pursuant to the Membership Documents for any present or prior rights or privileges in or use of the Club Facilities. SECTION XIII OTHER MEMBERSHIPS AND USE PRIVILEGES MEMBERS IN WAITING The Club shall establish a list of "members in waiting" for any person or entity who sold his, her of its residence or homesite in the Community and wants to keep his, her ar its membership privileges but is unable to because a membership for non-residents of the Community is not available at that time. Members in waiting shall have the same privileges and wiIl pay the same membership dues, fees and charges as Golf Members. The member in wanting shall leave on deposit his or her original membership deposit and the same 30-year period shall apply to the membership. A memberin • Regular Council Meeting -October 21, 2008 -Page 52 of 271 15 waiting shall not have to pay any additional membership deposit when a membership becomes available. The total number of members in waiting shall not exceed 10 at any time. Members in waiting shall not count against the cap or limit on the number of members. The Club resernes the right to recall the membership privileges for members is waiting at any time, in the sole and absolute discretion of the Ciub. When a membership becomes available, members in waiting shall have priority aver all other persons who desire the respective membership. INVITATIONAL MEMBERSHIPS In order to introduce the Club to prospective members, the Club may, in its sole and absolute discretion, offer memberships on an annual, seasonal or recallable basis {"Invitational Memb_ a rrshins'~. Invitational Members will be entitled to use the Club Facilities on such terms and conditions as determined by the Club from time to time. Invitational Memberships will not be available topersons who own a residence ar homesite in the Community. The total number of Invitational Memberships permitted to be issued will be limited to the difference between the maximum number of memberships that can be issued and the number of outstanding memberships at the begntur-g of any membership year. Invitational Memberships may be retailed at the end of any membership year for any or no reason whatsoever notwithstanding the term of the membership. If the Invitational Membership is recalled, the Club will refund 100% of the membership deposit paid for the membership, without interest, within 30 days after the membership is recalled. HONORARY MEMBERSHIPS The Club may issue up to 20 Honorary Memberships in the Club to such persons as the Club detr+~+~~es appropriate from time to time. These Honorary Memberships will be available on such terms and conditions as the Club determines appropriate and will not count toward any membership limit. Honorary Members have the same privileges as Golf Members, but will not be required to make any membership deposits, or pay any dues or golf fees but will pay applicable cart fees and caddie fees. COMPANY ME1I~BERSHIPS The Club may issue up to 20 Company Memberships in the Club to such persons as the Club determines appropriate from time to time. These Company Memberships will be available on such terms and conditions as the Club determines appropriate and will not count toward any membership limit. Company Members have the same privileges as Golf Members, but will not be required to make any membership deposits, or pay any dues or golf fees but will pap applicable cart fees and caddie fees. Notwithstanding anything to the contrary set forth in the Membership Documents, the terms, conditions and rights relating to a Company Membership and the issuance thereof may not be waived, modified, altered, repealed., or adversely affected without the consent of the Company, which may be withheld in its sole and absolute discretion. RESIDENCE CLIIB MEMBERSHIPS The Club reserves the right to issue one or more "Private Re,~si~ience Club Membership" (f.t., a fractional membership) categories in the future in the event that timeshare or fractional interests are sold in the Community. These memberships would count against the membership cap so that aII of the Private Residence Club Memberships issued with respect to a given unit would count as two (~ memberships against the cap of Golf Members. Private Residence Club Members wil] have the same privileges while in residence at the Club as, afforded Golf Members. . Regular Council Meeting -October 21, 2008 -Page 53 of 271 16 • RECIPROCAL USE BY RITZ-CARLTON CLUB MEMBERS The Club will permit members from other Ritz-Carlton Clubs to use the Club Facilities on the same basis as Resort guests while in residence in the Community ("Ritz-Carlton_Club Reciprocal Use ~yjembers'~. Ritz-Carlton Club Reciprocal Use Members will pay a preferred golf fee and will pay such other preferred fees as determined by the Club from time to time in its sole and absolute discretion. DESTINATION CLUB MEMBERSHIPS The Club reserves the right to issue in the future one or more "Destination Club Members "n" categories on such terms and conditions as the Qub may determine from time to time in its sole and absolute discretion. Destination Club Members wt71 generally have the same privileges while in residence at the Club as afforded Resort guests. RE50RT GUESTS The Club will permit guests of Resort to use the Club Facilities on such terms and conditions as the Club determnes appropriate in accordance with the Access Agreement The Club may, from time to time, allocate certain tee times for Resort guests only. RECIPROCAL PRIVILEGES The Club may, in its sole discretion, enter into Rtiprocal use privileges and access agreements with other clubs and resorts, as the Club determines appropriate from time to time. OTHER DESIGNATED COMMUNITIES The Club may allow owners of residential units in other wmmunities designated by the Club as being within the "Community" for purposes of the Membership Documents to use the Club Facilities on such terms and conditions as it determines. Such users shall be obligated to pay applicable fees and . charges for use of the Club Facilities as established by the Club from time to time. The Club may reserve tee times for use by such persons. SPONSORED OUTSIDE GUEST PLAY The Club may sponsor and permit golf play and use of designated Club Facilities by other non- members,including members of the general public ("Sponsored Outside Guests' on such terms and conditions as the CIub determines appropriate. The Club may also reserve tee times for Sponsored Outside Guests. PROMOTIONAL USE AND TOURNAMENT OR GROUP PLAX The Club wilt have the right to designate other persons who will not count toward membership limits, including, without limitation, officers, directors, partners, managers, members, shareholders, employees and designees of the Company and its affiliates and their guests m use the Club Facilities upon such terms and conditions as maybe determined from time to time by the Club. The Club will also have the right to permit prospective members and purchasers of residence or homesites in the Community to use the Club Facilities on such terms and conditions as maybe determined from time to time by the Club. The Club reserves the right, in its sole and absolute discretion, to restrict or to otherwise reserve in advance the Club Facilities for maintenance, tournament or group play, outings, annual events, and other special events from time to time. To enhance the reputation of the Club, the Club owner may, from time to time, utilize the CIub Facilities for golf tournaments and other special events. In connection with such tournaments and other special events, the Club owner and its affiliates may: (1) erect barricades and shut down, block off, or re-direct traffic on, the streets and sidewalks within the Community, provided that some means of vehicular and pedestrian access (which may be circuitous and inconvenient) will be provided to the Club Facilities; and (2) to erect and/or establish within any portion of the CIub • Regular Council Meeting -October 21, 2008 -Page 54 of 271 1 y :,. _ `'~(=• ~~ ;_Y?~, Lim ~ 4 r property and/or adjacent property any number of tents, shades, awnings, temporary structures, stadium and other seating, media booths and equipment, temporary signage (including scoreboards), flags and banners, portable toilets, temporary lighting, temporary fencing and screening, bus and shuttle service loading, unloading and parking areas, staging areas, and similar items or areas, for periods which may commence significantly before and extend significantly after the actual tournament or other special event. SECTION XIV CLUB OPERATIONS MANAGEi-SENT ANA OPERATION The Company owns t3ie Club Facilities. As a result, the Company is solely responssble for the government and administration of the Club Facilities and the Club and will have the exclusive authority to accept members, set dues and charges, establish rules and regulations and control the management and affairs of the Club Facilities and the Club. The Club reserves the right to engage a professional management company to manage and operate the Club Facilities and to delegate its authoaty to such management company. BOARD-0P GOVERNORS The Club will establish an advisory Board of Governors comprised of members whose purpose includes fostering good relations between the members and management of the Club, providing the Club with input oa programs, plans and activities of the Club, and advising on the Club's policies and rules and regulations. The Company shall appoint the members of the Board of Governors for such terms as determined by the Company, and map remove any member of the Board of Governors in its discretion. The management of the Club shall meet with the Board of Governors on a periodic basis to discuss the operation of the Club Faaliiies. The Board of Governors shall have no dory or power to negotiate or otherwise act on behalf of the Club, its management or the members of the Club, and shall serve only in an advisory capacity. The management of the Club will have the final authority on all matters concerning the Club Facilities and the members of the Club. SECTION XV GENERAL PROVISIONS PROTECTION OP MEMBERSHIP PRIVILEGES In the event that the Company ever sells the Club Facilities, it will disclose the existence of this Membership Plan, as amended from time to time, to the purchaser and will require the purchaser to acquire title to the Club Facilities subject to the terms and conditions of this Membership Plan, as amended from time to time. Furthermore, the Company will disclose the Membership Plan, as amended from time to time, to any prospective lender, and will xequest recognition by the prospective lendex of the Membership flan, as amended from time to time. The current lender has agreed to recognize certain rights and privileges of the membexs in the event of a default under the mortgage and a foreclosure. OTIiER GOVERNING DOCUMENTS The Membership Documents govern the rights and benefits of the members. 111 addition, members are referred to die Schedule of Dues and Charges for the current rates, which are subject to change from time to time by the Club. THE Ri3Z-CARLTON GOLF CLUB®, DOVE MOUNTAIN 1223D N. DOVE MOUNTAIN BOULEVARD SUITE 294 MARAATA, ARIZONA 85653 (52D) 572-2700 Regular Council Meeting -October 21,.2008 -Page 55 of 271 18 ~i 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM • To: .Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Item C 2 Subject: Resolution No. 2008-133: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by William Ward Mack on behalf of Dove Mountain Grill located at 12130 N. Dove Mountain Blvd., Suite l 94 Discussion: William Ward Mack, on behalf of Dove Mountain Grill is applying for a new No. 12 (Restaurant) liquor license for premises located at l 2130 N. Dove Mountain Blvd., Suite 194. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council., as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". • The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time penod. A.R.S. 4-201, 4-201.Ol, 4-203; Rule R-4-15-102. Regular Council Meeting -.October 21, 2008 -Page 56 of 271 • ATTACHMENTS: '_~ arne: Bescription: ^ Reso.-Approval-Dove Mtn GrilLdoc _ dove Mountain Liquor Lic-Approve Resolution Resolution • ^ Res_.o-Disapproval Dove Mtn Grill.doc ^ L~uorLic Dove._Mtn GrillTpdf Dove Mountain Liquor Lic-Disapproval Resa Dove Mountain Gril! Liquor Lic Application Type: Resolution Backup Material Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-133. Regular Council Meeting -October 21, 2008 -Page 57 of 271 MARANA RESOLUTION N0.2008-133 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY WILLIAM WARD MACK ON BEHALF OF DOVE MOUNTAIN GRILL LOCATED AT 12130 N. DOVE MOUNTAIN BLVD., SUITE 194 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, William Ward Mack has applied for a new No. 12 (Restaurant) liquor license on behalf of Dove Mountain Grill, for premises located at 12130 N. Dove Mountain Blvd., Suite 194; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 121.30 N. Dove • Mountain Blvd., Suite 194 for 20 days .along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such. issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Dove Mountain Grill, filed by William Ward Mack for premises located at 12130 N. Dove Mountain Blvd., Suite 194, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license for Dove Mountain Grill, filed by William Ward Mack for premises located at 12130 N. Dove Mountain Blvd., Suite 194, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: • APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 58 of 271 MARANA RESOLUTION N0.2008-133 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY WILLIAM WARD MACK ON BEHALF OF DOVE MOUNTAIN GRILL LOCATED AT 12130 N. DOVE MOUNTAIN BLVD., SUITE 194. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, William Ward Mack has applied for a new No. 12 (Restaurant) liquor license on behalf of Dove Mountain Grill for premises located at 12130 N. Dove Mountain Blvd., Suite 194; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 12130 N. Dove • Mountain Blvd., Suite 194 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all. statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008,.and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Dove Mountain Grill filed by William Ward Mack for premises located at 12130 N Dove Mountain Blvd., Suite 194 be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application for a new No. 12 (Restaurant) liquor license for Dove Mountain Grill filed by William Ward Mack for premises located at 12130 N. Dove Mountain. Blvd., Suite 194. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 59 of 271 ARIZONA DEFARTM 800 V11 Washing#on 5th Floor Phoenix AZ 85007-2934 (602) 542-5149 09-09-0 8 P 12 ~ 01 I N • Notice: E#fective Nov. 9, 9457, Ail Owners. Anent! the business must attend a Department approved the Liquor L'u>ensing requirements. SECTION 1 This application Ls fora: LICENSES & CONTROL 400 W Congress #521 Tucson AZ 85701-1352. {520) 62&6595 proof of attendance within tfie last five years. See page 5 of SECTION 2 Type of ownership: ^ INTERIM PERMIT Complete Section 5 ^ J.T.W.R.O.S. Complete Section 8 NEW LICENSE Complete Sections 2, 3, 4, 13,14,15,15, 17 ^ 1NDNIDUAL Complete Section S ^ PERSON TRANSFER (Bars & Liquor Stores ONLY} ^ PARTNERSHIP Complete Sectgon 6 Complete Sections 2,.3, 4,11,13, 15, 16, 1T ^ CORPORATION Complete Section 7 ^ LOCATION TRANSFER (Bars and Liquor Stores ONLY} ,f~LIMiTED LABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, i3, 15, 16, 17 ^ CLUB Complete Section 8 ^ PROBATE/1MLL ASSIGNMENT/[)NORCE DECREE ^ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, i5, 17 (fee not required) ^ TRUST Complete Section 6 ^ GOVERNMENT Complete Sections 2: 3, 4, 10,13,15, 16, 1T ^ OTHER Explain ~:= ~t i i i i i i ~YYIIII, rl~ ~~ i i~lll~ i i i i -'i'~1 ~II,~ i~1 i ~~ ~ M SECTION 3 Type of license and fees: LICENSE #: ____ f~l~~~f ~ ~`~~~~ Lepartment use Onty j::-.. 1- TYPe of License: ~ t ~" 2. Total fees attad~led: $ t..:. APPLICATION FEE AND 1NTERJM PERMIT FEES (JFAPPLICABLE) ARE NOT REFUNDABLE; ~~ A service fee ofi $25.00 will be charged for alt dishonored checks (A.R.S. 44.6852} ~~ ~` 1:1 . ,~_ ~~ i i i i rr ~~ i i i i ~.I ~~ ~ ~~ i ~~ i ~~ i i ~ "til SECTION 4 Applicant: II applicants rrtust complete this section) ~/a~~Q ~ ~-~- tUlr. ,:.C1 1. Appiicant/Agent's Name• s._ ~`"-'`~~-'~ c~ ~~- `~*~+ ~~-~ '-`' (Insert one name ONLY to appear on license) Last ~ Middle 2. Corp./Partnership/L.L.C.. ---- - ~~~ ~ ~~~..~. ~ ~~ ~~~` ` (Exactly as iF appears on Articles of inc. or Amides of Org.} c-~ 3. Business Name: ~~= ~°~~~'~1°"-' ~-~-~~ ~~ b ~Q~~ l~ - (Exactly as it appears on fhe exterior of premises) a ,. ~ mom ~'1ca ,,.s L~ : ~ C `L~- 6~.C.4.2e.s.~ A. ~ r+i, ar $ S b 5 3. 4. Business Address:_!?-t 3 t:.s . `moo (Do not use PO Box Number) City COUNTY ~p 5. Business Phone: ( }-~.+as..~~. _~'=""'~" Residence Phone: (~~,) ,~~~ 6. Is the business located within the incorporated limits of the above city or town? AYES ^NO -~ 7. Mailing Address: ~ '=~-~ • ~ ~tGn ;~ ~-~~ ~~ ~ S ~~: c;ty slate ~ zp 8. Enter the amount paid fora 06, 07, or 09 license: ~ i`-' ~ ~ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: /~1~ Date: ~ ~ ~~ uc. # ~~~~'~~~ Fees:-.-~---.= ~~ . ©~ $ ~ ~d Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 9t) DAYS, AND CB2GUMSTANCES OFTEN RESULT M A LONGgt WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFOI~ FENAL APPROVAL AND tSSIlANCE OF TFt£ LICENSE. uc a~oo asrzooa *DEaabled individuals requiring special accommodation, please call (602) 542-9027. Regular Council Meeting -October 21, 2008 -Page 60 of 271 SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim L3ermit pursuant to A.R.S. 4203.01. 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. ls. the License currer~ly in use? ^ YES ^ NO if no, how long has it been ou ? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATlO IS APPLICATION. I, ,declare that 1 am the CURRENT OWNER, AGENT, CLUB (Print fuif narr~) MEMBER, PARTNER, STOCIQ-10l.DER OR LICEN of the stated license and location. foregoing application State of County of X The foregoing instrtunent was aclrnawledged before me this {Signature} day of , pay Month Year My commiss~i6n expires on: {Sgnature of NOTARY PEIBLIC) SECTION 6 individual or Partnership Owners: EACH PERSON LISTED MUST St1BM17 A COMPLETED.FORM °RICD1D1", AN `APPLICANT" TYPE FINGERPWNT CARD, AND 529 FEE FOli2 EACH CARD. 1. individual: Frst Mddle Partnership Name: (Only the first partner listed will appear an license] t~cnarnLl irritarl 1 net FmM Mir1ALa ~ C]wnxi Residence Residence Address City State Zip ^ ^ ^ ^ 3 . W1 gip. gtix s ., .. , ^ ^ tH1IHLl7 fitJiJl1IVIVNL.~I1cCl Ic rv~.ca~rxcr~ - 2. Is any person, other than the ve, going th share in the profitsllosses of the business? ^ YES ~ NO If Yes, give name, current dress and telephone number4a~ the persons}. Use additional sheets if necessary. Last rst M~dle Residefice Andress Cry, State, Zlp Telephone# • Regular Council Meeting -October 21, 2008 -Page 61 of 271 x 2 SECTION 7 CorporationlLitnlted Liability Co.: EACH PERSON LISTED IYIUST SUBMIT A COMPLETED FORM "LIC0901 °, AN "APPLICANT' TYPE FINGERPRINT CARD, AND $29 FEE FOR EACH CARD. ^ CORPORATION Complete questions 7, 2, 3, 5, 6, 7, 8. ALL C. Complete questio ~, 2, 4, 5, 6, 7 and attach copy of Articles of Orgr. a»d Operation Agreement 1. Name o~ CorporationlLLC.: - ~~ ~ ~ `-`-~' (Exac#ty as it appears on Artic4es of Inc. or Articles of Org.) 2. Date Incorporated/Organized: °'x` f a.~ ~ ~0~+° State where lncorporatedlOrganized: C ou,`+z.,o~, 3. AZ Corporation Commission Fiie No.: Date authorized to da business in AZ' 4. AZ LL.C. Fiie No: ~-` f ~-~ ~~ ~O " z- Date authorized to do business in AZ ° z° ~°~1 Z"~~ 5. Is Corp.IL.L.C. non-profit? ^ YES~NO If yes, give IRS tax exempt number. 6. List all directors,/ officers, controlling stoc~Cholders or members in Corporatian/L.L.C.: L9st K'ird Mirlrrlo Tirrc Racirrenrn ArirFrac~ ! ihr Cf~in 7G.. V.+Ir~J.+tti. ~~ .: -~, ,,~; (ATTACH Ak~DITIONAL SHEEr IF NEGESSARY) 7. List stockholders or controlling members owning 10°!° or more: ~__ Last First Middle ~o Residence Address C' .State ~+, c-~.-r L.r~ u e`:'~'TS ~trt,.~ 4CX7~ ~ .a~- ~ ~oyC ZZ.aa C'~fsG,...a= E C-o $ t b3 `r.;; •,. e~.F• 'Y 4 ~~{{ SC~_ la.t r'~r~G.~1s~ ~~'} ~ a' C: i "i.j ~ c o - j~,.~1,~ tiL~~.~s .r.3 (ATTACH AD DrrIONAL SHEET IF NECESSARY} 8. tfi the corporation/L.L.C. is owned by another entity, attach an ownership, and director/offioerlmembers disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION $ Club Appticarrts: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0909", AN "APPLICANT" TYPE FINGERPRINT CARD, AND;29 FEE FOR EACH CARD. 1. Name of Club: Date Charters {Exactly as ft appears on Club Charter or Bylaws) ch a copy of Cab Charter or Bylaws) Z. Is club non-profit? ^ YES ^ NO If tax exempt, gnre IRS tax exem r. 3. List officer and directors: Last Fast Middle a Residence Address Ctly Slate Zrp ~' 1 ~ ' • ular Council Meeting -October 21, 2008 -Page 62 of 271 (ATTACH ADDITIONAL SHEET tF NECESSARY) ~ i SECTION 9 Proba#e, Wilt Assignment or ©ivorce Decree of an existing Bar or Uquor Store: 1. Current Licensee's Name: (ExacNy as it appears on license} Last First 2. Assignee's Name: Last First Middle i 3. License Type: License Number. ate of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PR E DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICE O THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: {for cities, tow counties only} 9 . Person to administer this license: Last First Middle 2. Assignee's Name- . Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM- WHICH SPIRITUOUS LIQUOR IS SERVED. i ~i ~ ~/ ~ ~ AA ~ i ~f f/~~ s r~ ~ ~ r~ ~ ~ ~ ~ ~~ ~ ~ SECTION 11 Person #o Person Transfer: QuesSons to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY}. 1: Current Licensee's Name: Entity' (Exac~r as it appears on license) Last First Middle {Indnr., Agent, etc.) 2. Corpora#ion1L.L.C. Name: (Exactly as it appears on license) 3. Gurrent Business Name: 4. Current Business Address: (Exactly as It appears on license) Street City, State, 21p 5. License Type: License Number: 6. Current Mailing Address: Street {Other than business} .City, State, Zip Renewal Date' 7. Have all creditors, lien holders, interest holders, etc. been. ed of this transfer? ^ YES ^ NO 8. Does the. applicant intend to operate the business a this application is pending? ^ YES ^ NO if yes, complete section 5, attach fee, and current license to this applica 9. l hereby relinquish my rights to fine abov escribed license to the applicant named in this application and hereby declare that the statements made in this se n are true, correct and complete. I, ,declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name} PARTNER, STOCKHOLD or LICENSEE of the stated license. I have read this section#orngoing questionnaire and the contents and ail statements are true, correct and complete. State of County of X The foregdng instrument was admowledged before me this {Signa#un: of CURRENT LICENSEE} day of Day Morrttr Year My commission expires on: • {Signature of NOTARY PUBLIC) M'~dfe Regular Council Meeting -October 21, 2008 -Page 63 of 271 . 4 D .~ N '~ \f' • t M i { r i n ~ ~(r' D b ~ f ~ a ~, N p a ~'` '~1C3 \~' ~ ~j ~ ta1' ~ ~ ~ ~~ N ~3 Q ~..~ ~~ 3 ~ ~ ~ ~ ~ f ~ `~ ~~ n ~. ~1 t~ ~ c i r Regular Council Meeting -October 21, 2008 -Page 64 of 271 SECTION 'i2 Location to Location Transfer: (Bars and Liquor Stores +3NLY) APPEJCANTS CANNOT OPERATE UNDER A lACAT10N TRANSFER UNTtL rf 1S APPROVED BY TEiE STATE. 1. Current 13USIneSS: Name (F~cactly as it appears on €icense) Address 2. New Business: Name (Da not use PO Bic Number) 3. License Type: 4. What a do you plan to move? License Number. Last Renewa€ Date What date do you plan to open? SECTION 13 Questions for all instate applicants: - D 1. Distance to nearest school: ~ x'45.-~-~~ Name of school: ~`~"L'4'L~ 3 ° "' ~`'~`~ '~ ' . s~'~°°` ~~ ~ '~ (Regardless of distance) 'Z.~oo w .. Cso~ ~ ~'~ Address "t`•~,~-s~~ , ,{~~ ~ 5 ~.~-'~ 2. Distance #o nearest church: `~ _'~ ~ ` -€~ -Name of church: S~ u_ ~ s+~~ ~-~ ~~"~~ ~~,~.~-~ 'Y; (Regardless of distance) 88 i 1 ~+.~ • Ay z•4 v.a,w ~,- 'tz.~a . _ Address A. ~ a ~ ~ '~~; 3. 1 am the:LESSEE ^ Sue,LESSEE ^ OwNER ^ PURCHASER (of premises) "~:::' r-- 4. If the premises is leased give lessors: Name ~ ~"~ ,:-:•: ~~iv~ r, . Sv:.. ~~ s ~ ~sz. , ~ ~~q ,u~ Address ~~ 4a. Month€y rental/iease rate $~FS`2-Z •q Z What is the remain€ng length of the lease? ~ b yrs. ~ ' ~~,'s. 4b. What is the penalty if the lease is not fulfilled? ;" ~ ar other ~`~ ~r~vac~~ ~~s` {give detaiEs - attach additiots sheet if necessary} ~:~-Av ~Y ~~-a.+ ~ S ~ owaS 5. What €s the total business indebtedness of the applicant for Phis licensellocation excluding lease? $ Does any ane creditor represent more than 10% of that sum? ^ YES ~NO if yes, list below. Total must equal 100%. 6. What type of business will Phis license be used for? (BE SPEGFIC} E" `-`' S `~"v ~ `` ~~~°``''r''° "'r 7. 1-las a license, or a transfer €icense for the premises on this application been denied by the state within the past one (1) yeal? ^ YES ~NO !f yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, ar employee ,have any interest in yaur business? ^YES~ NO 9. !s the premises current€y licensed with a liquor €icense? ^ YES ~NO If yes, give license number and licensee's name: License # (Exactly as it appears on license) Name • Regular Council Meeting -October 21, 2008 -Page 65 of 271 5 {ATTACH ADDrrIONAL SHEET 1F NECESSARY} SECTION 14 Restaurant, or Hotel-Motel Applicants: 1. Is there a valid .restaurant orhotel-motel liquor license at the proposed location? ^ YES~NO If yes, give lir~nsee's name: ' and license #. Last Fast NGddle 2. if the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult ARS. Section 4203.01; and. complete Section 5 of this application. 3. AI! restaurant applicants must complete a Restaurant Operation Plan (Farm 000114) provided by the Department of Liquor. 4. Do you understand tha# 4{f% of your grass revenue must be from food sales? YES ^ NO ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ i ~~ ~ ~~ ~ ~r ~ ~r ~ ~ ~M IIInIM~M • SECTION 1b Diagram of Premises: {Blueprints not accepted, diagram must be on this form- 1. Check ALL boxes that apply to your licensed premises: EntranceslExits '~ Liquor storage areas ^ Drive-in windows 'Patio enclosures ^ Service windows ~ Under construction: estimated completion date ~'~`^ ~'y'~`°''' ° ~ 2. Restaurants and HoteUMotel applicants must explicitly depict kitchen equipment and dining faalities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stared. Give the square footage or outside dimensions of the licensed premises.. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS,-ETC. L'- l ~ ~ (,~. rte ~,~ a~~~~~,~~o~~ ~~~~ OF LIQUOR OF ANY CHANGES OF BOUNDARIES, EN NCES, EX S, OR SERVIC WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 ~~ b~ 9 "`"J ~ ~ ~~ ~r '~ a l„ ~ =.~ ~ ~ :~ ~} J ` ~ ~ ~ e ~ ~ ~~ ~: •• ~f• ti 4 ~ J~ s ` ~~~ 7 jw ~ F~ !`~ n ~ , ~ ~ ~ ~ ~ ~ v:mo ~ ^ g isau~ao~ m ~ ~ a a '$'-. ~ e x N E~ a~nloa2~ya~e =~~~... ~ a_° g one ~ 3C~` _ ~~, ~ r„ R - - -- ~ ~ ~ II ,< - ll`~ ~ -. ~®~® ~~~L.~~ ~a4 7~ / ... .. ~ wIP .. ~.~.~.y®~ .... 1. ~F - ~. ~ gQI i -r.. i. . J.. I ~i ea, •Y- ~ ~ ~~ _, _ ~° ®~ ,~ J ~d 1• t t~~, ,~ ~ ~~ +N ~ ~ ~~ ~~ E~ ~~ Regular Council Meeting -October 21, 2008 -Page 6~of 4 /t S ~. R ' 9 1~i rU I1 V` F Viz: F' i~ ~ __ ___ . ~-- -- -~__ ~~ - _ _ ~a ~ a ~~~ c 4- P s ~I) 6 [~ A ~~ _ t ~ 7k iiiii z~~ ~~ ~~ ~ ~ ~_gBB$ ~1 ~ ~~~ ~~~°¢~ Y z ~ ;~ . ~ ~~P _ s,ra..- .. s ti`s" f~ r ~J e aF ~~~~s ~ ~ ~7~ ;~ ~~~ ~~~~~ II ~~~- ~~ s ~ ~~ ~~J~ " .,1 ,.. ~ AREZONA DEP 800 W Washington 5th Floor Phoenix AZ 85007-2934 (fi02) 542-5141 Attention all Local Governing Bodies: Social ~i local law enforcement agencies for the purpose Read carefully. This Inr: An extensive investigation of could result in criminal orasect TO BE COMPLETED BY EACH OWNER, AGENT, PARTNE _ '' COMPLETING THIS FORM MUST SUBMITAN APPUCANT°~TYPE FINGE MUST BE DONE BYA BONA FIDE LAW ENFORCEMENTAGENGY ORA THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. CONTROL ~~ ~ r,,.~,,~ 400 W Congress #521 Tucson AZ 85701-135 ~~t.~f~ (520) 628-6595 ~~ tt nfidential. This information may be given to be blocked to be unreadable prior to posting print with black Ink ~ or incomplete anrswers scion of a license or permit IE}, MEMBER, OFFICER OR MANAGER ALSO EACH PERSON IICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING. SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR., Liquor License # Eff. 9 O/0~I/07 there is a S24.O1) processing fee #or each fingerprint card submitted. ~ ~~ ~~~ /~ A service fee of $25.00 will b® charged for all dishonored checks (A.R.S. 44.6852) n ~, ~ ~ , ~ _ _ ~f _ : Check : UOwneruPartner~Stockholder ~nberQOfficer~.Agent Q Manager(OnIyM appropriate ~ Other Complete Questions 1-20 & 24) (Complete AI! Questions exceaaf# 14, 14a ~ bow----.~ Licensee or Agent must complete # 25 for a Nfanager Licensee or Agent must corn fete # 25 2. Name: Cn ac.~.. t;c: ~ i.,~. aw-. , ~ ,a:,rL'~ Date of Birth: ~~ Last Fast Middy (This Will Not eecorne a Pa of Public Recordsy 3 . Social Security Dumb Drivers License #: ~ State: ~~oa.~ (Thu 1M1~ol~ome a art of Public Rewrds) 4 . Piave of Birth: 54-s~,4w;~c r..+~' vS A Height: ~ 07. ~~ Weight Z t $ Eyes: 3 ~~ Hour. 3 r City State Cog {not c~uuMy} a~®® -`"~ 5. Marital Status ^ Single,~Married ^ Divorced ^ Widowed Residences {Home} Phoneral~^s~~ Name of Current or Most Rec•,errt Spouse: ~~ ~ ~k SAuc L . ~ . loofa aF Bi List a!I for fast 5 years -Use additional sheet if necessary} Last First Middle Maiden ':" 7.. You are a bona fide resident of what sate? `~~ ~ ~ ti .a If Arizona, date of residency: ,~~~ri ,~. 8 Telephone number to contact you during business hours for any questions regarding this document. {5 ~ l 9. If you have been a resident less than three {3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: ~ ~= mo., :....tit ~S-,+"*-~L-~- Pn~rnises Phone: ( ~" _)" = _ ~''' 11. Licens~l Premises Address: t -Z t ~~ I" • `~o~~ ~ +Mov;,, i w ~~s t"~u.~"s~ . ~ tit, ~- ~'~• .s4 ~C ,~~ $S~crS ~ Street Address {Do not use PO Box #} City County Zip 12. last vour emolovment or tvDe of business during the oast five l5) vears. if unemoleved Hart of the time_ list those dates. list most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year MonttilYear OR BUSINESS (Give street address, city, state & zip) CURRENT c.u ; •~~ •• ,,•• ;wT3 •.,s• `T"J ~S QQ xvb ~50 - cv_s w. ~R--- r p G S1L`-'L,w+c ~++. . SI: i1c0 (-j rte' ~ 1~ . Oq j ~ ^ ~ G 4l~To,,a da. tZ.23Txa.~.ra_s-...`~ l~ Zorn Zoo nra,..aGw~sL am.... a 4 2 c ~"r'+~tjc~w ~s.. v~.L c~ ~rS1v5 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Jndicate vaur residence address for the last fnre f51 vears: • FROAA Month/Year TO MonttJl'ear Rent ~ Own RESIDENCE Street Address If ren{~ attach addr'h'onal sheet ivin name, address and one number of landbrd C' State Zi •2-OO~ r'L-ti...'t v 4c-y'>+-,, ~."r.~ P7S cto lRCt9 Oq ~r.~o~ Ouu .J ~ LV~wea.*-~S ~j 8 C trC L CVJL~-~ G-U~"~ t VC.~:JDL~.J ~~, q ~JS ~- 3' 3• S' UC 0107 02/2005 Disabled individuals requiring special accommodations, please colt the Department. (fi02J 542-9027 Regular Council Meeting -October 21, 2008 -Page 68 of 271 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the YES LINO the €icensed premises ? If you answered YES, how many hrslday? i3 ,answer #14a below. ff NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proofy YES ^NO If the answer to # 14a is "NO". course must be completed before issuance of a new license or anorovaf an an exrsitnq license. 75. Have you EVER been defafned cited. arrested. indicted or summoned into court for violation of ANY law or ordinance {regardless of the disposition even i€ dismissed or expunge? For traffic violaions. include only ^YES ENO those ffiat were alcohol and/or drug r+~ated 16. Have you EVER been convicted. fined posted bond. been ordereaf to deposit bail. imprisoned, had sentence DYES ~VO suspended, placed on probation ar parole for +riolafion of ANY law or a~dinance (regardless of the disposition even if dism€ssed or expunged)? For traffic violations. include on/~fhose drat were alcohol and/or druo related. 17. Are there ANY administrative taw stations, compliance actions ~ consents, criminal arrests, indictments or ^1'ES ~NO summonses PENDING against you or ANY entity in which you are now involved? ' 18. Have you or arty entity in which you have held ownership, been an officer, member, director or manager EVER YES ^NO had a business, profess€onal or liquor APPLICATION OR LICENSE reie,cfed. denfed~ revoked suspended or fined in this or any other state? 19. Has anyone EVER Pied suit or obtained a ~udrrment against you €n a civil action, the subject of which involved ^YES ~p fraud or misrepresental5on of a business, professional or liquor 1ic~se? 20. Are you NOW:°or have you EVER held ownershia. been a controllina person ,been an officer, member, director, YES ^NO or m~er on arty other linuar license in this ar any other state? !f any answer to Que'sfions~ 75 fltrough 20 is "YES" YOU MUST attach a si4ned statement Give comaletie details including dates agencies involved and dispositions. t# you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the Following box (21-23) and go to # 24 Manager Section 21 Have you attended a Department approved Liquor Law Training Course within the fast 5 years? (Must provide proof) [jYES ^NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANGE of a new license OR APPROVAL on an existing License. 22. Do you make payments to the licensee? ^ YES ^ NO !f °yes`, how much? $ per month. Total debt to €icensee $ 23. there a fo ' ~.en cor~~act or agreement between you and the licensee relating to the operation ~ management of this business? ^ YES ^ NO If "yes", attach a copy of such agreement 24. 1, ~ ~-•~-~ p-~+ w arz'~ ~~ ~~- ,hereby dedare that ! am the APPLICANT' filing #his questionnaire: (Print full name of App€icant) I have read this questionnaire and the contents and alt statements are true, corn and complete. State of ~'A- • ~ ~- ~ County of ~. ~ n. ' ~ ~~ _ i ~'"m~~'"°"'~"~~~~.~ The foregoing instrument was adcnow edged ore met is - - - {Signature of ~ ~ KI~VIiV A, ~ Atu1gER ~ = J ~!` ~ubJ1c - State of Arizona ~.x~ "~ Cst, ~j~~~;~ , 2~¢2 My commission expires an: S~ r ~ ~"';`Z~c ~"'~-~ ` ... ~ _ -, - •-' ~:.• ~€ay of ~ •..• ~ ~ 2rso8 v. ~ Month 'Year Day Mona Year / / / / {Signature of NdTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE ~ AGENT APPROVING A MANAGER APPLICATION 25.1, Print~~icenseelAgent's Name): ~ '~ Hereby authorize the applicant to act as manager for the named liquor license. State of County of =~ The foregoing instrument was ~lcnowledged before me this .: .. „x..... -....r......_......n..r nM Sam-.i ... au.N t~w1i$~.~i~iSallrl~'w+„a .... r4.~~~;~, day (S~nature of LICENSEEIAGEN'i') ~~''~''" '~:~ _ ~y,,,,M_~.... Anonn, r~ My commission expires on: Day Month Year (Signature of Regular Council Meeting -October 21, 2008 -Page 69 of 271 004tabla ~ i'S t. Sip i Share I Savor Sometime in the early 1980's, I think it was about 1981, I was the manager ofa nightclub in Vail Colorado called Holmes Underground. At the end of the ski season, in April, we decided to have a season ending party. We decided that a wet tee shirt contest would be a good idea. However, due to Colorado liquor laws, I was worried that things would gat out of baud. if we didn't monitor the contest closely and make sure there was no nudity. Therefore, forfihe,~udges,•I selected my Lawyer, the bookkeeper for the restaurant, and the head of the Vail Liquor Board, a gentleman by the name of Pocky OValker. Everything was fine and under control until Pocky decided he wasn't seeing enough skin and took ,all of his clothes off and. stood completely naked in front of the crowd. I immediately cashed up and told him to put his clothes back an, but the damage was done. Because he had witnessed the violation, Pocky reported us to the state as being in violation of the liquor laws and had us cited for aIlowing nudity; even though it was himself who was the violator. We had to go before the liquor board, headed by Pocky, and had our license suspended for I believe two days. Pocky himself received a verbal reprimand from the head of the Colorado State liquor board, but that was all. ~~~ i< ~j~r~ J1,~ l't%/~~1~ W~W~ ~~ Tr ~~ 4~ L'~il ~r.j L;, .~ !.a' i _i:'. ,,~. ~,~ ~~. -„ --~: -;, -;:; 2,.~ OO~tabla Sip I Share 1 Savor I have been an owner of one restaurant and the General Manager of several other restaurants in Vail, Colorado, where i lived from 1972 -- 2007, when I moved to Arizona. In the early 1980's, I believe from 1980 - I981, I was first the assistant manager and then the general manager of a nightclub called Holmes Underground, locat~l on Bridge Street in Vail, Colorado. •The nightclub is no longei in business. From approxiFnately 1985 -1987 I was a 7%-owner of The Hang Kong Cafe in Vail, until we sold the business in I believe the Spring of 1987.The •business is na longer in existence. _ From 1989 -1995 I was the General Manager of Sweet Basil Restaurant on Gore Creek Drive in Vail Colorado. The owners name is Kevin Clair, and the phone number is 970- 475-0125. From September 1987 until September 1999, I was the general manager of Gore Range Brewery in Edwards, Colorado. The owners name is T;m Errant. From November 12001 until September 10 2007, I was the general manger of La Tour Restaurant on East Meadow Drive in Vail Colorado. The owners are Paul and Lourdes Ferzacca. The phone number is 970-475-4403. • From September 17, 2007 until the present, I have been the general manager of VinTabla restaurant in Tucson, Arizona. The restaurant is located at 2890 E. Skyline Drive, Tucson, A.z. 85718, The phone number is 520-577-5210. In December of 2007, I was voted, by the board of directors of Heat Concepts, the orating company for VinTabla restaurant, as a 10% owner of Heat Concepts. LP, ~r,e. C'.a v ~' Uto tarp t5~~ if~!'~~ti~ G'~'~~.~ ~Ltvf1 • .~: ~~_ r,; j ..G~ . .4~ »• • r,-i ~, y-_'. I,}'1 . AR~[ZONA DEPARTN.[ENT OF LIQUOR LICENSES & CONTROL 80a W wfi insst~~ s~ F~oor Boa w co~~ #s2i Phoeni~c AZ 85x07-2934 Tucson AZ 857{11-1352 {602) 542-5141 {520) 628-6595 CERTEFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(Sj OBTABR Ot;ityNAt.R OF Tt~ fORN FROli6 I31LC~D0 Nf}T PiiOTOCOEQ1f, DOCULU~lT tS i1TSt a~+CAI~+ffiD. TYPE GR PtitPi'i WITy SLAfaC WK. ..~..~~ _ ALCOHOL TRAINING PROGRAM #NDIVIDUAL INFORMATION ~~ ~ Date Tra Wing Coveted LANGUAGE OF fNSTRUCTfON E OF TRAINING COMPLETED TRAINER MUST CHECK YES OR NO FOR EACH TYPE YES ^ No BASIC ® YES ^ No MANAGEMENT YES ^ NO QN SALE ^ YES ~ NO 01=i= SALE ENGLISH ^ SPANISH Yee , u. (~ (] No 80TH [] YES ~ No OTHER~~:;°~ :Ca !~. IF TRA#NEE IS EMPLOYED BY A LICENSEE: tf .~~,. ~A...t ctA ~"'~rs+t act t+3tt.+V aAryti D+-3' - 4 ti.,,..-~.T~ia csem:co~s4 - ~-.. NAME t?F THE LICENSEE ~ BUSINESS NAME LIQUOR !lCENSE NLiMBER ~,• -- ~__,. ..,;y SOUTHERN ARIZONA LIQUOR CONSULTANTS ~~~' company or fnd'nridual Nam8 . MAILING ADDRESS: 972'1 E. TANQUE VERDE RD #'lP35; PMB 223 TUCSON des ARIZONA 85748 520-760-3902 city state Phone f c:erf~fy the above narrted individual has successfully completed the speciftecf programs}. JQHN S1.l,NI~1=R~ Mandatory Liquor Law Training for aU new appUca6ons subrru"tted after Nav. i, 199i. AR_S. Section ¢112(6)(2).. ~P1~n of the Liquor License Training Count is required at the issuance of a Ucense. The person(s) requ"ued to attend moth ~e Basic i.iquor Law and Nianagemerrt Training, (either on-sale or ofF-saiej, wlfE include aU of the faibwing: owner(s), Gcensee/agent or manager(s) WHO Attic ACTIVELY INVOL D iN THE DAY TO DAY OPERATION t)F THE BUSINESS. Proof of attendance within the last five years tarihe regraaed courses must be sulnnihed to the'Department before the Liense appGpfion is considered ~- Before acceptance of a il~nager's Questionnaire and/or Age:at Change for an ewisbing license, proof of attendance for the Base Liquor Law and Managemerrt Training (ether on3ale or oB-sale) wiU ire regerired. uc ya2f2r<goterc Council Meeting }7~g~@r~~~ l ~ pleas caU (6t12j 54Z-i3ti27 Trainer gives ontgtnai of completed form td traiinee, photocopy and ataintain completed dociimenE for"ydi,r records. AR(ZOA(A 800 W Washington 5th Floor Phoenix AZ 85007-2934 {602}542-5141 Attention all Local Governing Bodies: Social S+ local !aw enforcement agencies for the purpose Read care€uify. This i Art extensive irnesfiga6on could resulE in criminal prose TO BE COMPLETED BY E1aCH OWNER, AGENT, PARTNEI`~-IQ~ COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGE MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. & COAITROL 400 W Congress X521 ~ Tucson AZ 85701-1352 J p ~~ f\ (520} 628-6595 ~(\ ~nfidential. This information may be given to be blocked to be unreadable prior to posting or print whit black ink. •alse or incomplete answers pcation of a license or permit !tORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON WHICH MAYBE OE3TAltJF.D ATTHE DEPT. FINGERPRINTING NG SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR ~' Liquor License # Eff. 90!09107 there is a $24.00 processing fee for each fingerprint card subrnitEed. / r~ > ~1 /~ / A service fee of $25.00 will Ise charged for al[ dishonored checks (A.R.S. 44.fi862~ _ _ _ _ le~~ / ~ J '7 l ~/Q~ ~~ ~7~ (If the location is currently lice 1. Check ~wnerUPartner~CSbockholder~Ulember~Of~ appropriate Other {Complete Questi~ box•--~ Licensee or A ent must complete # 25 for a 2. Name: w t s~.t a„-r. s~,~i t--~„~a J Agent U Manager(Oniy) -20 ~ 24) (Complete A!1 Questions excettf # 44,14a ~ 25) Eger Licensee or Agent must complete # 25 a Date of Birth: ~ ie {Thls Will Not Become a 3 . Social Security Numb~lil~ Drivers Liven State: c~+-~~o ~ A ('~ is 4YII Not Become a Puhlic Records] ; ..:~, o+ A ~J! rya 4 . Pia of i3irth: ~~"`M1-bN~ , ~•-= i~ ~' ~ ~ Height: 5 fl'4 Weight i Lt~ Eyes: "`---11{~i-Hair. ~~ City State Coun (not county N~a 5. Marital Status ^ Single Married ^ Divorced [].Widowed Residence (Name) Ph ~~^ 6. Name of Current or Most Recent Spouse: __ _ _ ~a t.~i-~ ~.s ~ t ,.. ~. ~ `~ L~~ ~ , f A~. Date of Bi~ (List all far last 5 years -Use additional sheet if necessary] Last Fast Middle olden 7. You are a bona fide resident of what state? ~'~`-~~'" ~" If Ar¢ona, date of residency: ~ 3 ~20o Ip 8 Telephone number to contact you during business hours for any questions regarding this document. /'~+ --r- 9. If you have been a resident less than three (3) months, submit a copy of driver's iioense or voter registration card. ~ ~. f:l 10. Name of Licensed Premises: ~-~ ~ ~n o.~ u'~ ~ ~ L+.rZ t_i.:_- Premises Phone: ( ~' }' `' - 11. Licensed Premises Address: ~ ~- t 3 ~ i.+ . ~~~ ~-~no~:..--+~t N ~ -.a.~~ ,.'~ t`~ ~;- ~h ,~,zls ,..~ ,~ ~i- ~ ",rt,,~,r ~ 5 c~ 5 3 5trext Address (Do not use PO Box #) City County Zip 12. List VOUr emDlOVment or tvae of business during the oast {nre (51 vea~_ if unemnlnved Hart of the time. list these dat~±s 1 Ist mast rnr_anfi iafi FROM TO DESCRIBE POSITION EMPL.OYER'S NAME OR NAME OF BUSINESS Month/Year MonthJYear OR $U5INESS (Give street address, city, state & zip) Q r tRR~ CURRENT ~ ! ~,.,., ~ ~i v ~~.so.'S3~-a ' i ..~s~,N ~ u~.~ S• 284 c ~ ~7 ~ E t t . .G rt.;,.,z ra- . o a 0 IS ~~ ~ ~ - ! ~ ~'~OSZ :/ .. ~n+r~ CA4s`'r3 t~.~ ~ Tay :: 03 ZEaC tp V t laifd~ `%u ~nn Q..u~s-~ "~ :.~.n ,r~.a~a_,a..+l~ A S Co ~~ZGO~ ~~ ~OQIp Vc.s ~Y-~f1 ~4~(-jam :~1fJ tLCS~ ~oJiwaS iV.~+sYL C/tdZ-C,..~~ LlwA+.tt- ATTACH ADDITIONAL SHEET IF N>=CESSARY FOR EITHER SECTION 13. }ndicate your residence address for the last fire !51 years FROR~I ManthlYear TO Month/Year Rent or Own RESIDENCE Street Address If rented attach additbnal sheet ivin name address and hone number of landlord C State Zi ~3~~ CURRENT ow ~• :; C.I.C.a>La:. ,~ ~,'~. Sri 5 - e'S 9cat t;Y 2ve~(, t7wn~ i.Ja.t~- ~ 81b :5: ~~ LIC Oi01 0212005 Disahle~ individuals requiring social accommodations, please tail the Department (fiD2) 542-9027 Regular Council Meeting -October 21, 2008 -Page 73 of 271 14. As an Owner, Agent, Partner, Stoddaoider, Member or Officer, will you be physically present and operating the ~Y1=S I,?~NU the fioensed premises ? If you answered YES, how marry hrslday? , answer #14a below. if NO, skip to #9 5. 14a. Have you attended a Department approved Liquor Law Training Course wrti>in the last 5 years? {Must provide proof} ^YES ^NO ~ If the answer tD # 14a is "NO", course must be completed before issuance of a new license ar aaaroval on an existing license. 15. Have you EVER been detained cited: arresried. indicted or summoned into court for violation of ANY law or ordinance {regardless of the disposition even if dismissed or expunged}? For traflrc violations, include only fhose fhat wire alcohol and/or drug related 1 fi. Have you EVER been comricfed. fined posted bond been ordered to deposit bail imprisonedLhad sentence suspended, placed on probation or parole for violation of ANY law ~ ordinance {regardless of the disposition even if dismissed or expunged)? For traffic violaSons inducts only fhose that were alcohol and/or drug related. 17. Are there ANY administrative law stations, oamplianc~e actions or consents, criminal arrests, indictrrrerrts or summonses PENDING against you or ANA' entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LJCENSE reiected. denied. revoked, suspended or freed in this or any other state? 19. Has anyone EVER filed suit or obtained a iudc-ment apainsf you in a evil action, the subject of which invvhred fraud or misrepresenta>gon of a busfness. Brofessional ar Jiauor license? 20. Are you NOW or=have you EVER held ownership, been a controlling person ,been an officer. member, director. or nianaser on env oilier liQUOr license is this or amy other state? ^YES LJNO ^YES [~i10 ^YES L'~NO ^YES C-~l~ro ^YES Lwp.30 ~'ES ^NO ff any answer to Questions 95 through 20 is "YES" YDU MUST ati~ch'a sinned stetemerrt Give comAiete details including dates, agencies involved and dispositions. .~ ff you checked the. Manager box on the front of this form, fill in #21-23 and 24, all others sk[p the following box (21-23) and go to # 24 -' t7awaawM~a._yyy wvRa Have you attended a DepartmerrE approved liquor Law Training Course within the last 5 years? (Must provide proof} ^YES ^NO ~- ffthe answrer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new [icense OR APPROVAL on an existing iicens 22 Do you,make ~y;r±ents. to t~~hgge fcensee? ^YES ^ NO If "yes", how much? $ per month. Total debt to Licensee $ 23.. 1 ~ re a form 'tten.mrlltact or agreement between you and the licensee relating to the operation or management of this business? ^ YES ^ NO If "yes", attach a ropy of such agreement 24. I, '~.-'~""-r° ^-'^1 ~.s =~-*- ~ ~^-* ~o ,hereby declare that I am the APPLICANT filing this questionnaire. {Printfull name ofAppficant) I have read this quesfionnaire and the contents and all statements are true, co and complete. - rsa~s,~~~ sEa~ Mate of ~- •~' °~ ~ County of ~,; t ~ , ~~: ~ ~ ~: R !The foregoa instrument acknow edg me this (Signature of p .~ .=~.~.fndcc~Y ~-h+~ • sum otAriawua ~ 'r*~ ~ "Loag '~ f,. ~ Month -'~'Yea~ p ~.'. y°'t' wGY!?C!. il.~.i;•.38 u`,i7r1@ §, 2D~ s 1 D~6.3 'E'v : : • ~ '. C . .' r ~ - .f A. : ~ 1'. . J tCf- t + r. a : . L . .-' ' :° .' ~°. east s *d rl is R My commission expires on: S.a t' ~ ~ ; 200 Day Month Year ~ (Signature of NOTAi2Y PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE tit AG`~NT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manacaer 25.1, Print LicenseelAgenf s Name)' Hereby authorize the applicant to act as manager for the named liquor license. ......-..-__. State.ol;..,~.a-.......... County of `.x~ The fare pin instrument ;acknowledged before me this X ~...,~ w ,.,,A•day.of..._._..... - ~ -- (SignatureofLICENSEFJAGENT) - -°:~...•~•.~=--~~ft.r.~..:,wxa• Month Year commission expires on: Day ..Month Year (Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 74 of 271 Questionnaire Cont Laura Karin Williamson #T2. From- To Tine Name & Address 05/2001 05/2005 Sales Boulder Wine Merchants 2690 Broadway Boulder, CQ 80304 #20. I am cun~enfty Agent, Stocdeholder and Member with regard to Arizona. Pima County Liquor License 06100154 for `°Vu;Ftabia". Laura Karin. Williamson • ;::~:= :.? ~~~ ~W ~- ~~~ • °~. -~ ,_:.. ~~ •i Regular Council Meeting -October 21, 2008 -Page 75 of 271 ARLZONA 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602}542-5141 Attention all Local Governing Bodies: Social S'1 local !aw enforcement agencies for the purpose Read carefully. This ins An extensive inves#r anon of could result in criminal praseer +& CONTROL 400 W Congress #52'1 Tucson AZ 85701-1352 (520) 628-6595 anfidential. This information may be given to be blocked to be unreadable priorto.posting or print with black ink. =alse or incomplete answers oration of a lics~nse or permit TO BE COMPLETED BY EACH OWNER, AGENT, PARTNE£1 L•:~ `^ `~!, MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMITAN APPIJCAN7'" TYPE FING WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FI INTiNG SERVICE APPROVED BY THE DEPARTMENT OF LIOUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE Liquor License # Eff.10181/07 there is a $24.t}0 processing fee for each fingemrint card submitted. /} / `, / A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852} ~t~< ~/ ~ ~! ~~ f Z3 ~ the location Is Curren licensed) 1. Check Her^Partner ckholder ember^Officer^Agent ^ Manager(O.nly) appropriate ther (Complete Questions 1-2t) 8 24) {Complete A!! Questions excewt# 14,14a & 25f box--~ Licensee or Agent must complete # 25 €or a Manager Licersee or Agent must com fete # 25 2. Name: ~'ti ~+ i~+av c.T.. ~~.~ ~.+ ~ Date of Bi~tll~ ~ Last First Mddle {This Wilt Not Become a P is ecords} 3 . Social Security Num Drivers License ~ .State: u~ ~ ~ ti ~. II Not Become a Part of Public Records} / Ir 4 . Place of Birth: S' ~ ~ ~'~^~ c ~ S ~-~' C ~ ~ ~ ~ Height: 5 0~ Weight 1 +4f3 Eyes:~-~ Hair: ~ L-~ City State Country {not county) =: 5. Marital Status ^ Single,~Married ^ Divorced ^ Widowed Residence (Home) Phon~ r ~6. Name of Current or Most Rerent Spouse: ~''~+~^~ ~ ~-~`°' ~1 ~~~.,~ Date of Birth. (List al[ for last 5 years -Use additional sheet if necessary) Last First Middle Maiden ~x• 7. You are a bona fide resident of what stale? ~- -~ ~... t4 If Arizona, date of residency:. ~~`='' 8 Telephone number to contact you during business hours for any questions regarding this documen 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. ~.:., 10. Name of Licensed Premises: ~o~.. ~ ~ o v ...~ ~.. ~ ~szi ~.~ Premises Phone: ( r" ~ ~" ~ _ ~ ~"~'"~ ~ :-1 11. Licensed Premises Address: ~'~. t 3~ ra . `~~~ ~nv.s:..-i>~1~1 "i3;..:,~p ~' 1~i'4- +~ts+~s'ti.~r~lt ~t~A• ~Sb ~3 Street Address (Do not use PO Box ~ Cry County Zip 12. List vaur emalovment or tvoe of business during the oast five t5l years. if unemoloved Hart of the time. list those dates. List most recent 9 st FROM Month/Year TO Marrth/Year DESGRiBE POSI710N OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Gore street address, city, state & zip) bi tQ4 CURRENT C.o - owv.~r3•• v .,.-~z,4r3...a ti .'o-S.'" + "~ 21r3~'tp ~. SrL`rt_LVC ~:,... '~ItDC~ ~S t8 it{igR5 ©t tri~i ~Z . ~?.~ ~ tiri3 ~ {ios'Zc CSt..Z-u ~ t S't ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION/ 13. Indicate your residence address far the last five f5) years: y FROM Manttdtrear TO Mon#hlYear Rent ~ Own RESIDENCE Street Address ff rented, attadt additional sheet ivi name, address and hone number of landlord C' State oQ 2~ GURRPIVT nw,.. ~'v~spoi ~ 05 ~ v4 2.oc{a owl LJp• c ~ ~ ~ ~ ~8 3~ LIC D107 02!2005 Disabled individuals regtririrtg special accommodations, please call the Department. (602} 542-5027 Regular Council Meeting -October 21, 2008 -Page 76 of 271 14. As an Owner, Agerrt, Partner, Stockholder, Member or Officer, will you be physically present and operating the VYES'Rq[VO the licensed premises ? If you answered YES, how many hrs/day? ,answer #14a below. if NO, skip th #15. 14a. Nave you attended a Department approved Liquor Law Training Course within the fast 5 years? {Must provide proof) ^YES ^NO If the answver to # 14a is "NO", course must be completed before issuance of a new license or_approvai on an existing license. 15. Have you EVER been detained cited arrested indici+ed or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations. include on/v if-ose that were alcohol ano+lor drug related. 16. Have you EVER been convicted. fined. posted bond been ordered to deposit bail, imprisoned. had sentence suspended. placed on probation or parole #or violation of AhiY law or ordinance (regardless of the disposition even if dismissed or expunged)? For Traffic violafions,,include only those that were alcohol and/or drucr related. 17. Are there ANY administrative law stations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or AMI' entity in which you are now involved? 18. Have you or arty entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR L1CEIVSE reiected denied: revoked suspended or fined in th'ss ar any other state? 19. Has anyone I=VER filed suit orobtained a iudgment acrainst you in a civil action, the subject of which involved fraud or misrepresentattion of a business. professions! or fiauor license? 20. Are you NOW or have you EVER held ownership, been a controtlina person ,been an officer. member, director, os manaeer on anti otJ:~ ' uor license th this or any other state? [~rES .~i to CJYES-moo DYES ~NO .^YES ~O ^YES INTO YES ^NO If any answer fo Questions 15 tiuough 20 is °YES" YOU Mi7S7 attach a sianeal sfafement. Give complete details including dates, agencies involved and dispositions. ff you checked the Manager box on the front of this form, fill in #21-23 and 24, al[ others skip the following box {21-23) and go to # 24 manager yectlon 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ^YES ^NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing livens 22. Da you: make payments to the licensee? ^YES ^ Fd0 If "yes", how much? $ per month. Total debt to iiicensee $ 23. Is.#here a foRrraI written: contract or agreement between you and the Goensee relating to the operation or management of this business? ^YES ^ NO If °yes", attach a copy of such agreement 24. 1, ~t ^-~ ~--= ~°'"'~ ~~ ~ _ __. ,hereby declare that I am the APPLICANT filing this questionnaire. Tint full name ofApplicarrt) I have i quesl3onnaire and the contents and all statements are true, come and complete. a r.t~.cv~: w-.~.a..s~::vcv OFF EarA er+vme. ~ State of .r~'L ~t~ ",rdt C.allnty of ' ~` "~'l ~4t ::~V ~ The foregoi instrument was adkn edged b re me this (Signature ~~~ ~u~k - 5rate aAriaora ~C _ ,! `~;rs,A counrrv ~ ~ day of ~ ~a ~.~~~.. °'~~ . , . -- sn~ 3, 2000 ~ ~ay ~ M ~h wear My commission expires on: ~''-' = 5 ~ "2.aa Day Month Year of NOTARY PiJBLIG) FILL [N THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manacter 25.1, Print Licensee/Agent's. Name: ~ ""' Hereby authorize the applicant to act as manager for the named liquor license. Sate of County of ~._...._.~..~ ~~ _ _ ._ The #oregoing instrument was ~cknow3edged before me this ..._. X ~...__ _ ......._ ..._.__._.~ayof {Signature of LICENSEE/AGENTy ---~~.. -. pay - .._.......,, ~ v~r My commission expires on: Day Month Year {Signature of NOTARY PUBLIC) Regular Council Meeting -October 21, 2008 -Page 77 of 271 Questionnaire Cont. Bruce Frank Ynn #20. I am currently a Stockholder and Member with regard to Arizona Pima County Lignor~,icense 06~Q0154 for "Vintabla". Yim :~F; t .~'. r.... ~ ~'°- xd'd ..,arc .~t, _,,,.:. _:... "C~: 7:.`.:. ''Z .~i 'i:T Regular Council Meeting -October 21, 2008 -Page 78 of 271 ARIZONA 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 Attention all Local Governing E3odies: Social Si local law enforcement agencies for the purpose Read carefully,- This ins An extensive invesh on of could result in criminal erosecr TO BE GOMPLETED BY FACH OWNER, AGENT, PARTNEF~'$ f~l- Q~L COMPLETING THIS FORM MUSTSUE~V}ITAN i4PPLJCAN`fnTYPE FINGE MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A THE DEPARTMENT DOES NQT PROVIDE THIS SERVICE. ~ CONTROL 400 W CongrP.ss #521 ~' Tucson AZ 8570 9-1 352 ~ ~~ (520) 628-6595 ~ L ~nfidentiai. Phis information may be given to be blocked to be unreadable prior to posting or prin# with black ink. ~atse or incomple#e answers ovation of a license or permit Ilt"51~, MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING NG SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. Liquor License # Eff. 90/01!07 there is a $24.00 processing fee for each fingerprint card submitted. A service fee of $25.00 wil[ be charged for ail dishonored checks (A_R.S. 44.6852)_ n ,r, ~~ r, Check !-]Ownerupartnerckholder®Member^Of~cerQAgen# ^ Manager{Only) appropria#e ^ Other (Complete Questions 1-24 ~ 24) (Complete Ali Questions excepr# 14, 14~a ~ box--~ Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: ,~t-I(a~ Sacs _ ~, N ti ~ .~ L ~ Date of Birth: Last First Middle (This Wi11 Not Become a Pa o u re e~onds} 3. Soaal Security Numbe Drivers license ~ State: ~~o-~..o~o {Thy II Not Dome a Part of Public Records] 4 . Plaoe of Birth: +^^ ~ ti i G.a.~o ^R s.! u 5 +~ Height: S ~ `~ Weight: t S S Eyes: ~'-`' Hair: w t . City Stafe Coun (not county) 5. Marit~ Status ^ Single~Man'ied ^ Divorced ^ Widowed Residence (Home) Phone~_ 6. Name of Currenf or Most Recent Spouse: w ~~ ~ a~ s=• ~ ~~~p. d~~-+.~u a ~~.~' Date of Birth: (last all for last 5 years -Use additional sheet Ef necessary) Las# Rrsf Middle Maiden ~- 7. You are a bona fide resident of what state? _ _ ~ ~•~-~~~ If Arizona, date of residency: tJ ~" R~,. 't; 8 Telephone number to contact you during business hours for any questions regarding this docx~ment. _ 9. If you have been a resident less than three (3} months, submft a copy of driver's license or voter registration card. -~e~ ,', 10. Name of Licensed Premises: ~ = ~~~ S~~ ~ ^' ~~.~ ~- Premises Phone: ( ~" °j'' ~ - ~' ~~`-` 11. Licensed Premises Address: l Zt ~ ~ I.~ _'~„= +^c't ~"~,'itia ,., 3~„v~ '~" tQl~' mAr-r_a;.+?- 9 ~a ~ 5 to53 Street Address (Ao not use PO 13ox #j City County Zip 12. List VOUr emplOVment or twe of business during the oast flue f51 vears_ if unemnl~ved Hart cif the time_ iiat ihnce rlatx I ict mnct rPr_ar,t 1 cf FROM TO DESCRIBE POSIi'ION E~APLOYER'S NAME OR NAME OF BUSINESS MonihlYear Monfh/Year OR BUSINESS {G'nce street address, aty, state 8~ zip] CURRENT v . -.~;',a.'8 ~-A i v`:~: «~ ; .S•~ ti lZC,o ~ C ~ - ~w..s v~ 2E9o .. ~ . 5 k-r,-L..~ = .rz . ~ ~~o~ ~3 S + 8 y'4' 1o - ' 1~ 5?Qv ~- ..c....T.,.rr-~ ~.0~~rw+tvrr~3 t 1 l7 r G.. ss.sa.~~... A+z ; ~.~ ~-v~ .4.4 3:, l~ fa P,~. roc Av.`. ~ 'zr~o 43cs+~ :.tj_~rt C.c 8 t~ ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vour residence address far the last fnce [5l vears: FROWI ManNUYear TO Month/Year Rent or Own RESIDENCE Street Address ff rented, attach add~ional sheet ivi name address and -hone number of landlord Ci State v2 ~,t CURRENT pw,.i '~,--~„~`vr~ ~ ~ UC 0101 02120D5 D'~sabled individuals requiring special accommoda[sons, please call the Department {6D2j 542-9D27 Regular Council Meeting -October 21, 2008 -Page 79 of 271 3 ~~ 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physiplly presenf and operating the the licensed premises ? )f you answered YES, how many hrs/day? ,answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the las# 5 years? (Must provide proof \ If the answer fo # 14a is "NO", course must be campletetl before issuance of a new license or approval on ar 9 5. Have you EVER been detained. cit~l. arrested. indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? Fvr traffic violations, include only those oaf were a~ohol andJor drug related. 16. Have you EVER been convicted, fined osted band been ordered to d sit bail im risoned had sentence suspended, alaced on probaSon ar uaro/e for violation of ANY law or ordinance {regardless of the disposition even if dismissed or expunged}? For fraf6r violations include only Chase that were alcohol andlar drug related. 17. Are there ANY admiri'strative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you orA1dY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPUGATION OR L1CI=NSE reiected, denied. revoked: suspended or frned in this or any other state? 19. Has anyone EVER filed suif or obtained a iudcLment aaalnst you in a c~vr7 acfion, the subject of which involved fraud or misreprpsentaSon of a busfnessLprofessional orllQ(lor license? 20. Are you'NOW::or have youEVER held ownership, been a c:or>trollina person ,been an officer. member, cFirector. nr manager nn anv other liquor license in this or am+ other state? ^YES ~NO ^YES ^NO Ming license. AYES ~Ao Lei`s Flo AYES ~O ^YES '~NO DYES ~NO ~XES ~t0 j If any answer I[o Qc~estioris 18 thTOUgIr 20 is "YES" YOU MUST attach a sicnsd statement. Give complete details including dates, agencies involved and dispositions. )# you checked the Manager box on the front of this farm, frll In #21-23 and 24, alt others skip the following box {2i-23} and go to # 24 anacfer ec~lon Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof}. OYES ^NO ,•If the answer to tF21 is "NO" course must be corrspleted BEFORE ISSUANCE of a new license OR APPROVAL on an exisfing license. 22. Do you make paymerrts to the licensee? ^YES ^ NO If "yes°, how much? $ per month. Total debt to licensee $ 23. Is (here a fo ~ flntten_ _ . ct or agreement between you and the licensee relating to the operation or management of this business? ^YES ^ NO tf fires", attach a copy of such agreement 24. (, • +.. A-= : ~~ ' -~ o ,.> x, ~ hereby declare that 1 am the APPLICANT filing this questionnaire. (Print fuU name of Applicant) ` I have rea questionn ' and the can nts and all statements are true, ct and com`plete. /~ l f'pM O .'v'*:J$c4 ER"M'sgr~p~1CY~IlV~Y' a of ~ h t:.aunty p~i u.ti~„~ aL v~ r'r// p ~ °FFO~ es~t- foregoing instrument was acknow a me is (Signature of AP~ ' Public - State of BAS 'Su day of ~~• ~-." 2.ob PIMA COUNTY ~ Month ea ~m~~ .i ...;.;~rtrn.r;~~;,^s.!tinsS,2a0Q~ My cemm'tssion expires on: ~ v ~"= S ~ Zcr' ._ ~ ` .."~ . Day Month i' -~ ear-u (Signature of NOTARY P1313LiC} FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE O AG APPROVING A MANAGER APPLICATION 25.1, (Prirrt Licensee/Agen#'s Name)' Hereby authorize the applicant to act as manager for the named liquor license. State of County of "~,„,,,,,,,,,v,,..--,.......... The foregoing instrument i+vas'~cknowle X (Signature of LICENSEFJAGENT} commission expires on: Day Month Year day of (Signature of NOTARY me r~r Regular Council Meeting -October 21, 2008 -Page 80 of 271 Questionnaire Conk i~inney Lee Johnson #20. I azn currently a Stockholder and Member with regard to Arizona Pima County Liquor License 06100154 for "Vintabla°'. l~Gt (J Kinn Lee J n • ~~::~~ ~~.t ~.;s~ ..~b. f t~~• • •Y "lZ ^t :s .. i''t,1 Regular Council Meeting -October 21, 2008 -Page 81 of 271 •i C~ a.. d~ ....~?, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, October 21, 2008, 7:00:00 PM • To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Item C 3 Subject: Resolution. No. 2008-134: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stephen Sherwood Baker on behalf of Monsoon's Grill located at 8235 N. Silverbell Road, Suite l05 Discussion: Stephen Sherwood Baker, on behalf of Monsoon's Grill is applying for a new No. 12 (Restaurant) liquor license for premises located at 8235 N. Silverbell Road, Suite 105. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with. the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". • The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -October 21, 2008 -Page 82 of 271 • ATTACHMENTS: Name: ^ Reso-A~proval- Monsoon s Grill.doc ^ Reso,-Disapproval. Monsoon s Grill.doc ^ ~uorLic Monsoon s_ Grill.odf Description: Monsoon's Grill Liquor Lic-Approve Reso Monsoon's Grili Liquor Lic-Disapproval Reso Monsoon's Grill Liquor Lic Applicatian Type: Resolution Resolution Backup Material Staff Recommendation: Staff recommends approval and recommendation. to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-134. • • Regular Council Meeting -October 21, 2008 -Page 83 of 271 • MARANA RESOLUTION N0.2008-134 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FORA NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY STEPHEN SHERWOOD BAKER ON BEHALF OF MONSOON'S GRILL LOCATED AT 8235 N. SILVERBELL ROAD, SUITE 105. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Stephen. Sherwood Baker has applied for a new No. 12 (Restaurant) liquor license on behalf of Monsoon's Grill, for premises located at 8235 N. Silverbell Road, Suite 105; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 8235 N. Silverbell Road, Suite 105 for 20 days along with a statement requiring any bona fide resident residing, • owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council. considered all statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Monsoon's Grill, filed by Stephen Sherwood Baker for premises located at 8235 N. Silverbell Road, Suite 105, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license for Monsoon's Grill, filed by Stephen Sherwood Baker for premises located at 8235 N. Silverbell Road, Suite 105, be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 84 of 271 MARANA RESOLUTION N0.2008-134 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY STEPHEN SHERWOOD BAKER ON BEHALF OF MONSOON'S GRILL LOCATED AT 8235 N. SILVERBELL ROAD, SUITE 105. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request. to the Arizona Department of Liquor Licenses and Control; and WHEREAS; Stephen Sherwood Baker has applied for a new No. 12 (Restaurant) liquor license on behalf of Monsoon's Grill for premises located at 8235 N. Silverbell Road, Suite 105; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 8235 N. Silverbell Road, Suite 105 for 20 days along with a statement requiring any bona fide resident residing, • owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on October 21, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Monsoon's Grill filed by Stephen Sherwood Baker for premises located at 8235 N. Silverbell Road, Suite 105, be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application for a new No. 12 (Restaurant) liquor license for Monsoon's Grill filed by Stephen Sherwood Baker for premises located at 8235 N. Silverbell Road, Suite 105. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: . Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 85 of 271 ~- . - ARIZON~- DEPARTMENT OF LLQUOR LICENSES ~ CONTROL 800 W Washington 5th Floor Phoenix AZ $50Q7-2934 {602) 542-514'! APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Enecfiwe taw. ~,1t197, Ap 319it~R~. PaArrers. SEodrholdnrs. oM 1he_6usirrese rrtrrst at>ssnd a Daps approved liquor law traitdng course or fhe Liquor t.ieerrsk-g regrdr+arrrerrls. SECTION 1 This applic~tfon Fs fora: INTERIM PERMIT Complete Sectfon 5 NEW LICENSE Contp/ete S®ctibnrs ?, 3, 4, f~ 74,15, 16, 77 PERSON TRANSFH2 (Bars & Liquor Stones ONLY) Complete Sections 2; S, 4, 11, 13,,15;1ti,17 0 LOCATION TRANSFER (Bars and Liquor Sires ONLY) Compl~e Secl~ons ~ ,2r 4, 12, 13, 15; 1B, 17 D PROBATE/IMLL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMEIVTns 2, 3, ~ 9, 1S,1Sy 1T (fee not required) Complete Sections 2, S, 4, t0, 1~ 15y 16,17 SECTION 3 Type of license and fees: 400 W Congress #521 Tucson. AZ 8570 X1352 ~ a: (520) ~~ SS,a, =-+. _ ~ r~ .. r~1 ,c ~-~~ - -~ ==. ~~ ~~~ ~ ~~ =~' cam; :' ~~ ca o last five years. 58i3 page b of SECTION 2 Type of ownership: J.T.W.R.O.S. CompleteSeclion B INDMDUAL Complete Sedt'on S PARTNERSFtIP Complete Section 8 CORPORATION fete Sectiat 7 r UMtTED LIABILITY CO. Complete Section 7~- CLUB. Caere SecfFort 8 `,g;; GOVL3t1~UlENT Corplete Section 1Q TRUST ~ Se~ion 6 ~oTHER E ~ ~~:~ ~ ~w~ .ww~ ~ ~~ w~ ~ ~~ r- rn s ~ ~/.// /~ CS:I ucENSE ~; 1. Type of License: _Resturartt Bar Ligtl!ar Licence ~. Tote! fees attad~led: $__ ~ F APPLICATION FEE AND 1NTERl111T PERM17' FEES (lF APPLtCABLEj ARE NOT REFUNDABLE. A service fee of $25.00 wil! be drarged for aN dishonored chedts (A.R.S. 44.6852) ~i SECTION 4 Applicant (Alt applic:arrts misst complete this section) ~ Mr. ~' r~ t. ApplicarrtlAgerrf's Name: Ms. Baker, Stephen Sherwood ~ l fl 'S~~ 9 Z ~ (1rRSert one name ONLY t4 appear on 6owl~} last Fhs~t Middle ,~. 2. CorplPartt~hip-I..L.C.: Monsoon's Gr!!! L.L.C. ~11~Q~~~ __~ (Exacaly as a appears on Aides of Ina. orArtides of OrB.) ~' 3. Bu~nessN~ne: Monsoon's Grill ~/~~SD~{(I ~ ~ ,.. t~xacur as ~ appears ~ ~ exreriar ofp~} c~. 4. Business Address: $235 N. Siiverbell Rd STE 105, Tucson AZ 85743 ~jjt•~ ~ (Do n~Yuse PO Saoc Number] Cry COUNTY Zfp 5. Business Phor~: { 520) 744-4683 Residence Phone: {520) 6. Is the business looted vira0tin the incorpora#ed limits of the above city or town? ®YES ONO 7, ~,-~~,~~: 8235 N. Silverbell Rd STE 105, Tucson AZ 85743 , . ~ ~ 8. Enter the amount paid fora 06, 07, or 09 Ifoertse: $ (Price of License ONLY) Aod jbY}_~_ l! ~ ~ Date- ~~ ~~ ~i..~ ~a4 Vc. #T~~ ~ ~J`7I, 7~ l} Fees:-~= _~~ ___ ~~ •v~$ b~~i'~-~U App!'ication Interim Perrrlit Agent Change Club F. Prirrls TQTAL APFIJCA7IDN$ TAKES APPRO70aA7ELY 9i) OAYS. AND ITANCES OI-TfN RESl1LT W d tANGER w3NSY: PFRInn YOU ARE CAUTIONS REGoAlt~lfi PtJIN3 FORA GRAND OPENfNG, E7~C., BEFORE FMN.APPROVALANDISSUANCE OF'ME tJCENSE. uc otoo I>Sf~ *I)1sa61ed individuals requiring Special accommodation, please call (602} 542.9027. 1 Htegular Council Meeting -October 21; 2008 -Page 86 of 271 ~ ~ X(~ ~~-~~~~ l SECTION 5 Interim Permit: 1. If you intend to operate business while your appC~cation is pelx6ng you wilt need an Interim Permit pursuant to ARS. 4203.01. `' 2. There MUST be a valid license of the sauna type you are applying for currently issued to the toration. 3. Fster the f+oerlse number currer>tly at the location. 12103755 4. is the rio~tse muse? ~ YES ®NO if no, tmw 25 DaVS Y ' bony has if been out of use? ATTACH THE I.tCEt+ISE C[fRRENTLY tSSUF.A AT THE LOCATION TO THIS APPLiCATiON. ~ Scott Thompson , declare that I am the CUR NT MEMBER, PARTNER, STOC~l4lOI.DER OR LICENSEE of the stated fig and location. X`~ State of Arizona ~ cY-` - the fol+egi instnrmmt k . nature (~8 ? ...._.. ---~ - NOTARY P118t~yRt~ ~,~~Z7 PIMA COUi~IT't` My corrtml5sion expkes on: ~ £~ Sept 27.2008 i E~CGENT, CLUB Of Pima zowiedged before nee this lust 2008 tlv Year • PUBLIC) • pp~ u'O SECTION 6 Udlviduat or Partnership Owners; ~, EACH PERSON lJSTED Mt7ST SUBMrr A COMPLETED FORK "L.ICO101 °, AN APPLtCANi° TYPE FINGERPRINT CARq Ate i28 EACIi CARD ;h 3 . , ~,L') 1. individual: Last F-ust iA~e 96 Owned _ . Address sfafe r- Baker, Stephen Shervrood Tucson AZ 85743 =' ~ r-` Partnership Name: {Only the' first partner' Listed will appear on fioense) _ _ n ~ ~ ~ 3 m a c. Last First Middle Overt ®~ Baiter. dart Carol ^ ^ oa 00 AZ`85748 2. Is any person, other than the above, going to share in the profitsttosses of the business? 0 YES Q NO If Yes, give name, curre~ address and telephor~ number of the person{s). Use additiorla! sheets if necessai t.aSt Fist W6ieiin Rne~ e.u.~ ..~., cv~a.. r Regular Council Meeting -October 21, 2008 -Page 87 of 271 • SECS 7 CorporadorllLimibed Liability Co.: EACH PERSON LISTED MUSTSUBNOTAtX11t~LEfED FORIIi °LK:O'101°. AN ^APPtICAAIT'TYPE iPRINT C14liD, AND 329 PEE fQR i:ItCH C.~1RQ. CORPORATION Cony~t~e questions 1, ~ 3, 5, 6, T, 13. ® LL.C. ComPl~e Questions 7, ~ 4, 5, B, 7 and attadt copy of Articles of ~ and won Agreed 1: Name of CorporatiorilL.L.C.: Monsoon's ~Grlil L.L.C.. _ ~ (iExacey as 9 appears on Awes of Inc. or Articles or~-9.1 f 2. Made lrroo~atediOrgaruzed:l8 Aug 0$ State where InoorporatediOrgart¢ed• Arizona 3. AZ Corporation Comm~sion File No.: DaEe authorized to do business in AZ• 4. AZ LLC. Fife No; L14702630 pate authorized to do business in AZ - 18 Aug O$ 5. Is CorpR.LC. nof~i-~ro~lt'? ®YES ~ NO If yes, give IRS tax exempt number: 2&-3186497 fi. List aft directors,! oiflcers, kxir~olling stockholders a members in CorporatiaNL.LC.: . Stephelt ShenMOOd ~ 50% Ttrc~ AZ 85743 Jan Carol i 5fl°ti T~>e:sor- AZ' 85743 (ATTA(~i ADUrriOAIAL SHEET(S) IF NECESSARY} 8. If.fhe corporatiort/L.LC. is owned by another entity, attach ~i ownership, and dir~wlofficeNmentbers disclosure for the parent entity. Atl~h additional sheets as necessary in order to disclose' reel people. Y..•~.......~.....~.°..11.•~..~~.~.°.~.~.~.........°.~....~°..~~.....°°....-~....~..•1....~~....f...~.•-.~~.~.~~.~..~...°.~~~~ SECTION 8 Club Applicants: EACH PERSON LISTED MUST St18Mrr A kX7AAPLETEQ FORAM °ltCO'IEI7 °r AN "APPlJCANi" TYPE F7Ni~tPRiWT LARD, AND S29 FEE FOR EACH CARD. 1. Nance of Club: I?ate Chartered: (Exactly as ~ appears on Glut Charter or T (Atfagl a copy o1 Cklb ChaRer orl~nrsj 2. is dub non-profiE`? 0 YES 0 NO If ta:c ex~npt, give 1RS tax exerrlpt number: 3. List officer and drectors: Last Fast A~6ddte Title Residerr~ Address ~ Stale Zip ATTACH ADDrrfONAL SHEET(S) iF NECESSARY 3 Regular Council Meeting -October 21, 2008 -Page 88 of 271 (ATTACH A[1f717lONAL SHEET(S) !F I~CESSA[•t`f) 7. List stocldloiders or controlling members owning 1 U96 or more: SECTION 9 Prol~le, VIRa Assignment or Divorce Decree of an existing Bar or Uquor Store: 9 . Current Licensee's Name: (Exactly as it appears ors rinse) Last First Middle • 2 Assignee's Name: Last ~mst i4tlddte 3. License Type: License NtuN~er: Date of Last Renewal: d. ATTACH TO THIS APPLICATION A CERTIFIED (:OPYOF THE 1MLL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECtF1CAU_Y DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THtS APPLICATION. •\-•••-•--••-••ii-f-••-••t•f--l•f-f--1f• t • ••••-••---••-••iifll-•f-1l••--i••-1f-f--f-i-f--f-f.f ••f•\\•t••••flllll•-\\\--\-\•-• SECTION 10 Government: (for cities, towns, or counties only) 1. Pelson to administer this Frcense: Last Frst AAiddte 2. Assignee's Name: sass -: - Middle A SEPAi2ATE LICENSE MUST BE OBTAINED FOR EACH PREN~St:S Fif3~iA. WHICH SPIRtTU0U3 LIQUOR IS SERVED •il ~-l--•-culler.lf-lll-f-l--lf-i•i-•lf••lfif•1111f--1f•111f•Yf 1l--••f-lfi llll l-liiil-ili---111111••lll-•f• •l--f••t••1-i-f• SECTION 11 Person to Person Transfer. Questions m be completed .by CURRENT UCENSE'E (Bars and Uquor Stores ONLY}. _ 7. Current l.icetuee's Name: (Exactly aS ~ appears Orr i0BFI5e) Last FifSt Middy (may ~ . eta) 2. CotporatioNLLC. Name: ~ _ (Exactly as it appears an fioense) ~~ ~ 3. Current Business Name: r~ (Exactly as ~ appears an license) 4. Cturrent Business Address: Street -- _ . ,_ r„ ''~ • ~h4 State, Z~ ;, 8• Lioer>nse Tme~ License Number Last Renewal Date• ~ ~ 6. Current MatTing Address: Stre~ r tj (Other than business) ~, State, Zip 7. Have all creditors, lien holders, interest holders, etc. beers rmtified of this transfier? 0 YES 0 NO 8. Des the applicant intend to operate the business while th~ app cation is pending? 0 YES ~ NO If yes, oomplete section 5, attach fee, and current license to #h~ application. 9. I hereby relinquish mY rights. to the above descxibed iiot3nse to the applit~nt named in this application and hereby declare fhat the statements made in thin section are true, oorrect and complete. ~ , declare strait I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print firR name) PARTNER, STOCKHOLDER or LICENSEE of the stated Ncense. I have read this set~ion and the corttet~ts and all statements are true, oorrect and complete. X (~gnatiae of CURRENT LlCENSE~ State of County of .The to+®gohg instrument was adcnowiedged before me this day of , ~Y t~AOettlt Year My commission expires on: 4 . (5ignatiae of NOTARY PUSL~) • Regular Council Meeting -October 21, 2008 -Page 89 of 271 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANt~T OPERATE UNDER A LOCATroN TRANSFER UNt1L rr I,S AP~1tovED BY THE STATE 1. Curselrt Business: Name {Exactly as it appears on ioense) ~2. New Business: {Do rmt use PO Boot Number} 3. License Type: 4. What date do you plan th move? What date do you. play to open? SECTION 13 Questtons for aN in state applicants: ~ 1. Distance to nearest schod: 4A00 ft Name of school: - Trail Elementary (~ (Regardless otdistarece) ~~ ~~ ~; ~!/v ~.(,! f~oY /'LC_S 7 2. Distance to newest church: 4,800 ft NaErle ~ ~~ Desert Son Comunity Church (Regardless of distance) Address _.~~~ f~,!-yo~-'~ ,~ ~ rr~! ~ ~ ,~(~- ~~J T 3. 1 am the: ®Less~ ~ Sus LESSEE 0 OwNett ~ PURCFUISER {of premises} 4. ffthe prerrmses is leased give les~rs: Name CRJ investments L.L.C. Adckrras 10120 N. Oracle Rd., Tursan AZ 85737 >7 4a. Monthly rentalAease rate $ 8,400.00 What ~ the remainirg length of the lease? 8 yrs. 2 mos. r ~4b. What is the penalty if the leap is rwt fulfltled? $ or qtr Sell property and remaining lease .~ {give d~alis -attach additional sheet ~ rtya,~r- 5. What is the total business indebtedness of the ~t for this licenselbcation exckidmg lease? $ :~ Does arty one txeditor represent more than 1096 of that sum? ~ YES ®NO ff yes, list below. TolaE must equal 100%. (ATTACH ADDITIONAL SHEET IF 8. What type of business wifi this liceri~ be used for? (ate S~Cit=tc) Res#E~r'ant B8r 7 . Flas a license, or a transfer license for the pr~nisres on this app cation tosert denied by the statie within the past one {1) year? 0 YES ®NO ff yes, attach e~lariation. 8. Does arty spirituous liquor manufacturer, whdesaler, or employee ,have any interest in your business? OYES ®NO 9. is the premiers currently licensed with a liquor license? ®YES 0 NO If yes, give license number and fioensee's name: License # 121 x3755 (~~y as it appears on license) Name ~ j~r r~u.~~~i!~r'trt 5 License Number Last Renewal Dath' Regular Council Meeting -October 21, 2008 -Page 90 of 271 SECTION 14 Res~taurarrt, or HotehNlotet Appiicarets: 1. Is there.a vaftd restaurant or hotel-motel ~q~r I'~ense the proposed b? ®YES ~ NO if yes, give ~ioensee`s r>lame: ~°"''~°^ /J sr~ /l ~ /~ ~- and license #: 12103755 Last Fist tuv~ddie • 2. ff the answer to Question 1 is YES, you may quatify for an ln#erim Permit to open wtu'le your application is permlirx, j; consult A.RS. Sedbn 4203.01; and complete Section 5 of this app(~ation. 3. All restaurant applicants must oompiebe a Restaurant Operation Plan (Fomr LIC0114) provided by the Department ~ Liquor. 4. Do you end that 4096 of yoar gross revenue must be from food sai~? ®YES ~ NO ....................:...................................................................................................... SECTION 75 Diagram of Panernises: (Btueprirrts not accepted, diagram must be an this form) 1. Ct~edc ALL boxes that apply to your licensed premises: EnbanoeslExits Liquor storage areas Drfve-in windows Patio endoeures Service windows tinder txxu0tictiiore: estimated completi~ date 2. Restatxants and HoteUMatef applicants must explicitly depict kitchen equipment and dining faa~ties. 3. The diagram bebw is the or~r area where spirituous ~quor is to be sold, served, consumed, dispensed, possessed, or stored. Givethesquarefootage oroutside dimensions of the ~o>rnsed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, 5~~. 3 YC~9+-~~ .~~ f ~~ ~~° ,-- ~D ~X~ YOU MUST NOTI~l(THE DEPARTMENT OF l.IQUOR-OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 Regular Council Meeting -October 21, 2008 -Page 91 of 271 p~`~- t U t~Lt ;~ {...• :~ • SECTION 98 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE NEXT PAGE List below tier exact names of ale churches, schools, and spirihrous frquor outfits within a one m~e raduss of your proposed bca6on. Ref.. ARS. 4201 {6) Cyote Trail Elementary ~ ~-'111 1. 2, Desert Sun Corounlty Church 3. 4. 5. 6. 7. 9. ~~t., 10. 11. 12. r!! ~ . 13. ~, m 14. 15. rv ~.,o ATTACH ADfJi7lONAI. sH~ r(s) lF Y A = Your business r~lne and identity cross streets. .~ ..................................................................................~..:~t:................................. .,:.. n SECTIf3N i7 Signature Block: ~ .~ w c• ~. n.~ !~ Stephen Sherwood Baker ,declare that 1} I am the APPLICANT (Qwner,.Agent, Partner, Stockholder {Print name of APPLICAKCIAk~NT tisUed in Section 4 Question i) (10% or rrrore}, AAember, OEkCer {10°,6 or more ownership}, or Ciub Adember making this application; 2} I have read fire application and the omits and all statements are true; correct and cortrpl~e; 3) that this applicsttiori is not being made to defraud or injure any creditor, taydng autltoiity, i~gulathry airtitority, or fir; 4}that no other person, firm, oarporation, except as indcated, has an interest in the spirr'thous liquor lik~rse far which these statements are made; and 5 that th the of my knowledge and belie, none of the owners, partners, members, officers, dirrrctors or stodsfioiders listed a been convicted of a felony in-the past five (5) years. State ~ Arizona County ~ Pinsa X Tice foregoing instrument was me the (Signatire} 1' zvty ~ifla ~pir~ on: ~~ rZ ~ _ Regular Council Meeting -.October 21, 2008 =Page 92 of 271. ~y of .August S Day Montle ~ 4 Year (Signature of NOTAi2Y Pt~.~j T1Nf t-t~tL.E h10TARY 1'tlt;llC -ARIZd1VA PIMA COLfN7Y ,~ My Cornrr+lssion Expires Sept 27, 2008 August ].$, 2008 STEPHEN S ER 5743 RE: MONSOON`S GRILL L.L.C. File Number: L14702630 sip a rr ~cWve Diirootgr I.HrDA i'r~5E1FR Dllae~r, CorpwatlatR tMvlslon We-are. pleased to notify you that the Articles of Organization HAVE BEEN APPROVED for the entity referenced above. You must publish a notice of the filing of your Articles of Organization OR alternatively, you may publish the Articles of Organization in their entirety. The publication must be in a newspaper of general circulation in the county of the known place of business, in Arizona as tiled with the Com- mission, for three (3) consecutive publications. A list of acceptable newspapers in each county is attached and is also... posted on the Commission web site. For your convenience we have provided a Notice of Publication form. Please complete this form, in its entirety, and submit to an appropriate newspaper of your choice. Publication must be completed WITHIN SI%TY (60) DAYS and an affidavit from the newspaper, evidencing. such publication, must be delivered to the Coannission for filing WITHIN NINETY. (90) DAYS from August 18, 2008, which is the date the document was processed cad approved for filing by the Commission. The Commission strongly recommends that you periodically check Commaissioa records regarding your LLC at the Commission web site: www.azcc.gov. If you have any questions or need further information,~please contact us at (602) 542-3026 in Phoenix., {520) 628-6560 in Tucson, or Toll Free {Arizona residents only) at 1-$00-345-5819. Sincerely, Brenda Miller Examiner Corporations Division LL:13 REV. 11/2006 • ~ • n Regular Council.jj~P,l~~~g$~ BUrrE ~~rucsat~~o,~e~w~s~ . wwramocyor - 502~642~3028 i ~ NOTICE (for publication} ARTICLES OF ORGANIZATION HAVE BEEN FILED IN THE OFFICE OF THE ARIZONA CORPORATION COMMISSION FOR ~I. Name: MONSOONS GRILL L.L.C. L-1470253-0 II. The address of the Iv~own place of business is: I11. The name and street address of the Statutory Agent is: (Please deck A or B) - A. [ ] Management of the limited liability company is vested in a manager or managers. The names and addresses of each person who is a manager AND each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are: B. j ] Management of the limiter! liability company is reserved to the members.. The names and addresses of each person who is a member are: ~ (Please check appropriate box for each) .... r, a [ ]member [ ]manager ~ [)member [ ]manager [ ]member [ ]manager [ ]member [ ]manager LL:0001 Rev. 10/2006 Regular Council Meeting -October 21, 2008 -Page 94 of 271. Arizona Corporation lion Corpora8orffi DlvufOn # ~~ coa~o~j~or~ coM~~s~>iaN F1LED _ . AUG 1 ~ 2008 .; DO N07 WRffE ASaVE Tl-!IS LlNiw, FOR ACG USE Q1JLY .~ ART[cLES of oRG~~I~[Z~TtoK . loo aa~r l'ut3usH TtitS SEGTI4N NOTE: A professional similed kabiGty i ~rrpamr is an L4.C organized for the purpose of rendering ', one ar more categaries~ of professional servicx-~ Profe:ssianal servicx is defined es a scnric: [hat may be tawfutiy rendered en by a person ruensed kt Usis stale to render the service. .. "'i. The'LLG nafii~ mus contain the warns "t'atnfed fiabifily company or ryimited cxmparry' ar the abbreviations 'LLC: , 'L.C,','LLC'. or'LC". The professional LLC name aursl t~ontatn the worts 'prolessionai Grrwted Gab~ity c~+pany ar tt-e abbreviations 'p.L.LC.", 'P.LC ', 'PLLC', or'PLC.' 2. Must be an Arizona address. DD MOT LFI~VETHLS SELTIDH BLANK 7. If the statutaiy agent has a AO SOX then tlxy musi also provide a physical address ordescripGon of the foation. 'i'he agetrt must sigh she arf'a;les ar provide wriGen tx>nsenl to ars;eptarsex of the appcintms+st- SeIRC# one. Ttsis form ~rtay be lssed for: 6~' AR1Z(?fdA LiMfTED LIABILITY COMPAhiY (~1.R.5-§2s~32} (] ARIZONA pFtpFESSIOHAL UMlTED LIAR#UTY COMPANY {aft.s. §zs-sfi~t.oi) 1. The name o€ tfie organization: A LLC Manse Reserva5on 1=iie Number (If one has been obtained}, if noi, leave this line blank 00 ryry~,,~~ ~.t7 .. , 2. Known place of business in Arizona {traddr~si~flxsa~asu>•streete~dfessatl-,e5tatvlory agent, wrile'same as slafufay agent'. t3O hft7T LEAVE TFd15 SECTION BLANK} ~~'.. R ~ ~ Address ~ ~ ~~ v ~ 4 ~ '~, State ~ Zip_~~`L3 Gity / v G S BN Acceptance of Appointment, by Statutory Agent: { ~'`-~/~/#~1.1 5 ,having been designated to act as (Print blame of the 5tatutoty Agent} ' Statutory Agent, hereby consent to act in that capacity Lentil removed or resignation is submitted in aGCOI'dance with the Arizona "sed Statl3fe. fi:gerit Signature: If signing tart behalf of a company, please glint the Ixrrnpany name here. i L'aaG4 ReM: lp,2a05 • • Regular Council Meeting -October 21, 2008 -Page 95 of 271 Clty / UG SC~~ ..,_. Stat~__, ~' •~ Llp 3. The name and street address of the statutory agent in Arizona _. DO r•IITr PU84tSH 4. Only mrurred for prof6sSfonat ftrilit8d iiabifity cofnpany. ThC purpose must state fttc proisasiomal sew ~ servKes ?tat the m +s osyanizaf to petfom~ Professiarat service Es detmeai as a service that may be lawtulty rendered anlr by s ptrsvn 6ceRSed N the state tv carder Bre sQrdice. 5. The kateri date, if rny, wr wNKi~ pre company must d;ssot+re. !I a dissotuiron date stroutd'a~clnde the r, rprrlh. day and Year . ?erpetval means cvr+lrnuing forever or inderirnTefy S. Ghetkwhicft management structure will be appficebte to your company. Pmvide name, title and address for each Person. 6A ff 2senred to the mertsberts), check the membeYs bvz and proves the narae[s) and addresstes} of each merger. NaTE: it reserved 1a tt~ membrr;sy youcanrtol Get any manager. 5 B. tf vested in manager(s) check the rrrarraQefs box and provide the Warne{s) acrd addresses} of each manager and each member who suns a twenty [tDi4} perttnt orgrealer interest in the capital or profits of Qre LLGt . ?uc, The parscrt (s} e%9tut3ny tlv5 "JOtlJrrrCllt need nDt bG a manager ar member v! the cornparry. Yow phone and fax xra vptionat, 4. PurpQSe of this {Prafessiatzal) limited liability Company is ib provide the foiSowing (professla»a{) service(s): (only regt~red for a Prafessionat Lt.C company} 5. Dissa[utiort: The latest date of D}ssoivtion QThe latest d ate to dissolve _/ / {Please enter manfh, day and faun digit year} ~e Limited Liability Company is Perpetual 6. IJtanagement Stl'uctuce: (Check one box only} A.R.S. §29-632(S) A. ^ RESERVED TO THE MEMBER{S} ~ RESERVED Ta TFt£ GiEJJI[iER[S}, YDU h4AY SELECT aNLY THE MEMBER 80X Ft~t EACH t+iEMBER LISTED. B. G,~ClESTED 1N_MANAGER S ~ 3F VESTEF! IN 7HE MANAGER{S}, AT t.EAST aNE EHrRY E:ELDfN MUST HAVE THE MANAGETt tiDX Gtit:CKED. Name ~T~~L A/ ~ /3~,[C~?~' Name ~ --.~.~A-rJ ~ K~ Q Member Manager (onty 1("a' is selected ?boor} Q Memt~er t~ Manager (ortty if `B'+s selected above? Addre Address: ,~ r~ City, l CJ~ SlJvV Statz, Tip: ~~"~' 3 City, Jw~ S 0 rv State, ..:.lr Zip:.,•/ Name Name Member Q Manager {?city if "s^ is selected above) . • Q Member Q Manager [only it'a" is aeleded above} Address: Address: City, Sta#e, Zip: City, State, Zip: }F Y011 NEED MDRE SPACE FOR USTlllfi HI3iBF7t5I MNFl4GERb PLERSE ATTAq{ TFiERtiDtrlO>JAL PAGE TO THE AltrrCtES OF ORGAN7ATIOH. Executed this ~ day of /~vc,~ .~C3~~~r Executed by: ~~~• ~, Print Name Si~/'!~~? ~-!t --~- 1f signing an behalf of a company, please print the company name Here. LL:DCItIa ~ Phone Number: _ Fax Numt~er. e~~: tazDOs Regular Council Meeting -October 21, 2008 -Page 96 of 271 •i Date: 27 Aug 2008 f t~~ MONSOON'S GRILL OPERATING AGREEMENT 4 As of IS August 2008 when properly at 8235 N. Silverbell Rd, Tucson Arizona was .purchased for the sole purpose of Monsoon's Grill L.L.C.. Co-owners Stephen Sherwood Baker and Jan Carol Baker (husband and wife) will manage, staff and handle ail aspects of the business in a SO/SU mutual. agreement. If at any time the business fazls all property held under the name of "Monsoon's Grill will be sold and assets or debt will be shared 50150. St hen Sherwood Baker Jan Carol Baker " i • :^ ,~~ ~- ~. ~, 0 .~.. ru • Regular Council Meeting -October 21, 2008 -Page 97 of 271 MONSOON'S GRILL MENU ~~~~y./! • Nachos with Cheese Sauce $5.95 • Nachos Supreme (Jalapeno, tomato, scallions, olives, sour cream and salsa) $7.50 Add Chile $ l .0E1 • Ma2~arella sticks with marinara sauce $6.50 • Chips and Fresh Salsa $4.5fi • Jaiapeno Poppers $6.95 • Calamari Rings with Marmara Sauce $7.95 • Traditional Buffalo wings, mild, medium, hot, or BBQ style, served with celery and bleu cheese dressing or ranch. $.60 per wing • Potato Skins Filled with cheddar cheese, bacon, sour cream and Chives. $7.25 • Appetizer-Combo (Mozzarella Sticks, Jalapeno Poppers, and Onion Rings) $'7.50 • Soft Bread Sticks with Cheesy Marmara Sauce $4.95 , • anion Rings single serving $3.95 • .Steak Fries $3'.25 SOUPS: Soups and Chili served with Bread Roll ~ ~ • "Electrical Sturm Chili"; ga~lished with cheddar cheese, onion, and sour cream. r `... :~ Your choice of Cup or Bowl $3.95 Cup $6.95 Bowl n • Tortilla Soup (garnished with onion, cilantro, and cheese)- $5.25 ~ • French Onion Soup $5.25 ~ .~ ns SAIvADS: • Side Salad and choice of Chili or Soup of the Day $7.95 ', • Side Salad (hearts ofromaine, cucumbes~, tomato, red onion, and choice of dressing $4.55 • Caesar Salad (hearts- of romaine, parmesan cheese, garlic croutons, Caesar . dressing): $8.25 Add Chicken Breast~for $2.00 • BBQ Southwestern Salad (Roasted Corn, Black beans; scallions, cheddar cheese, tortilla shreds, tomatoes, and Southwestern Ranch dressing with side of BBQ sauce.. $1-0:25 Add C,hiclcen Breast for $2A0 • Sesame Crusted Chicken Breast Salad (scallions, cucumber, shredded carrots and honey-mustard dressing) $9:55 • Warm Bacon and Spinach Salad (Red and yellow bell Peppers, sweet red onion, real bacon bits, and hardboiled egg toss~i with warm bacon vinaigrette dressing) $9.55 • Regular Council-Meeting -October 21, 2008 -Page 98 of 271 BURGERS AND SANDWICHES: Burgers and sandwiches served with your choice ofl Steak fries, Coleslaw, ar mini side • salad. Grilled onions and sauteed mushrooms available for $.50 each • "Monsoon Burger"- %s Ib. ground sirloin with teriyaki sauce, pineapple slice, and Swiss cheese $9.55 • "Monsoon Chicken Sandwich"- chicken breast, teriyaki.sauce, pineapple slice, and Swiss cheese served on roil $9.55 • Cheeseburger- 1/2 Ib. ground sirloin burger topped with your choice of cheese $8.95 Add Bacon for $1.00 more! • Veggie burger- available with cheddar cheese, lettuce, tomato, and red anion $8.95 • French Dip Sandwich- served on roll with provolone cheese and Hat Au Jus $9.95 ~ Club Sandwich turkey, bacon, tomato, mayo, and green lettuce served on your choice of white or wheat bread. Make it a half with regular.side salad or . cup of soup for $8.95 • Grilled Cheese- cheddar, provolone, and swiss grilled to perfection $5.95 ~ Add roasted red peppers, or sliced tomato for a flavorful flair! $1.00 extra • Patsy Melt- rye bread,l/21b. hamburger patty, Your choice of cheese, and ~ sauteed onions grilled to perfection $8.95 ~ Entree's: ... -~ n~ All Entree's served with your choice of soup or side salad and Bread Roll. ~ c~ • Made firm "Scratch" Lasagna- garnished with fresh pesto sauce and served with breadsticks $13.95 • Home Style Savory Meatloaf served with Rich Beef Gravy Roasted Garlic , Mashed or Baked Potatoes, Fresh Green Beans, and bread roll $12.95 • %Z Ib. Thick Pork Chop- served with Pork Gravy Roasted Garlic Mashed or , - .Baked Potatoes, Fresh Green Beans, and bread roll $14.95 • NY Steak- served with Roasted Potatoes, Glazed Baby Carrots and bread roll.. . , Sauteed onions and Mushrooms available for $.50 each. $18.95 • Roasted Chicken Breast Dimrer- Mashed potatoes savory roasted chicken gravy , , and green beans $12.95 SEAFOOD: Seafood Dinners Include Soap or Side Salad and Bread Roll. • Grilled Salmon Fillet- served with Lemon Dill Sauce, Rice Pilaf, and fresh, steamed asparagus $16.95 • Blackened Tilapia Fillet served with Rice Pilaff and fresh Steamed asparagus $15.95 • Traditional. Crispy "Fish and Chips" Beer Battered cad and Steak Fries, served • with fresh Coleslaw $9.95 Regular Council Meeting -October 21, 2008 -Page 99 of 271 DESSERTS: • . Slice of Cheesecake served with chocolate sauce and seasonal berries $5:95 -~ Cherry cobbler {available al la mode} $5.95 • Fried Ice Cream with Caramel Sage $4.95 • Daily Fie Selection Slice $ Al la Mode $5.95 KIDS MEALS: Kid Meals served with French Fries, smaII soda or milk • Chicken fingers and Fries $5.95 • Grilled Cheese $5.95 • Cheeseburger $5.95 • Kosher beef hot dog $5.95 Y c~ r' -~ ~. n w Q -~, W Regular Council Meeting -October 21, 2008 -Page 100 of 271 ARIZONA DEP 800 W Washington 5th .Floor Phoenix AZ ~ 85007-2934 {602} 542-5141 LICE 1 List by Make. Model and Canar_ifv of vnt~r - LICENSES & CONTROL 400 W congress #521 Tucson AZ 85701-1352 {524} 628-6595 Grit! Oven ~v v;~ © 5'71V~ Freezer ~1 , ,~ ~ ~bY' Refrigera#or ~ ~ f, ~ ~ ~ ~ Sink Dish Washing Facilities ,~ ~ Food Preparation . Counter Other Other Other. ~ • Y • E-- 2. Print the name of yourrestaurant: =' c~ 3, Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). r~ 4. List the seating eapacify for: . a. Restaurant area of your premises [ ~(~ ] b. Bar area of your premises [ ~ f (~ j c. Total area of your premises [ J ~ o ] 5. What p of dinnerware and utensils are utilized within your restaurant? Reusable ^ .Disposable fi. Does your restaurant have abar-area that is dis#inct and separate from a restaurant seating? (If yes, what percentage of the public floor space does this area cover)? Yes ~~ % ^ No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) '~ `D~abied ilndividuals requiring special accommodations, please tali tfie Department. • t.~°t Ta osrlooa Regular Council Meeting -October 21, 2008 -Page 101 of 271 ~`. r: 8. Does your restaurant contain any '" e~ t Y PAY ~~' .. tf es, s what sand . Darts, etc). ,~~:w "~ ~~'=~-:~'~; ~ ~~~- ~~~~~ . i ~~`S 9. Do you have live entertainment {lf yes, what type and how often?} Yes ©No ions, Pool tables, V'~deo Games, '10. Use space below or attach a list of employee positions and their duties. to fully staff your -business. .~ r !3~/c'Tc~y~S ~"~~ L©U 7 ~- SZ~e? tr~~ 5 •. Attach additional sheets if necessary !, ..~1~'~'f'lY`~~ S~a/dfJ~ .~AK~~ ,hereby declare that i am the APPUCANT" filing th {Print full name} application. 1 have read this application and the contents and all sta#emen#s true, correct and complete. ~L~.. State of _~(~County of t . X The foregoing instrument was acknowledged b e me t~hi~s~ (Signature of APPLICANT) ~~~y of ~..~~. "' `=~i~ n ~ ~~y~~ Day Madh Year My commission, expires on: ~.Ti~ ~~1 J ~~'~' U (Signa#ure of NOTARY PUB . s Ti~A f-IAL~ ~~i~CTARY ?U8i1C - AiilZOriiA " AlAfIA.COUW71' - My Commission expires Sept 27, 2008 Regular Council Meeting -October 21, 2008 -Page 102 of 271 2 ' ~ ARIZONA DEPARTME ~ CONTROL R =-'-~~~~= ~ 400 W Con Tess #521 800 W Washington 5th Floor `*~-'`~--'~'"~ l~.~=.~,,~ - g .Phoenix AZ 85007-2934 M ,~~ , ~,~~` Tucson AZ 85701-1352 • (602) 542-5141 ~ ~°""~L,~Y.; s' ~ ~;~~ _.:- {520) 628-6595 ~ ~ ~ ~ F~ ~~ ~ ~~ HOTEL-MOT ~ Ak D ~ESTAU,RAM3g'LlCENSES .~. - RECORDS REQUIRED,~~,: R ~?-UflI~;~F:S~RII~S~#11 8~ #12 UGENSES - In the event of an~audit, you~+u-itl~~~aslCo~avide" tie Department any documents necessary to determine compliance w"`~?-:RsS. §4-205.02(G). Such documents requested may include however, are not` kited to: '!. All invoices and receipts. for the purchase of food and spirituous liquor for the licensed premises... 2. A fist of all food and Liquor vendors 3. The restaurant menu used during the audit period 4. A price list far alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6: A recent, accurate inventory of food and liquor {taken within iwo weeks of the Audit interview Appointment} 7. Monthly Inven#ory Figures -beginning and ending figures for food and liquor 8. Chart of accounts {copy) 9. Financial Statements-income Statements-Balance Sheets 10. General Ledger A. Sales Journafs/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, 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 ReceiptslDisbursement Journals - 1} Daily Bank Deposit.Siips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) 6. 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 all reports required by the State and Federal Government Re~~l~lur3-V7~ October 21, 2008 -Page 103 of 271 ~ • r -~ r- n • B. Employee Log (A.R.S. §4--119) C. Employee time cards {actual document used to sign in and out each work day) D. Payroll records for atl employees showing. hours worked each week and hourly ' Wages ~ 13.Off--site Catering Records (must be complete and separate from restaurant records) A..AIt documents which support.the income derived from. the sale of food off the license premises. B. All documents which support purchases made for food to be sold aff the Licensed premises. C. All coupons/spectalsldiscaunts The sophistica#ion of record keeping varies from establishment #o establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must 6e substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S..§4-290(A)7 AND A.R.S. §4-2QS.02{G). A.R.S. §4~-210(A)7 .The licensee fails to keep for two years and make available to the department upon reasonable request a!L invoices, records, bills or ofiher papers ancf 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(G) For the purpose of this section: 1. °Restaurant° means an establishment which derives at least forty percent (40°~) of its gross revenue from the sale of food. 2. "Gross revenue° means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under .any other license that has been issued for the premises pursuant to this article. !, tint licensee name): Last First Middle . have read and fully understand all aspects of this statement. ' ~~ State of 1 County of -= The foregoing instrument was adcn ed me this ~( .~.~--r``... daayyTti H ~ (Signature.of l~cei:see) - NCTAI~1' PUBIC - Year PIMA COUNTY I,,~ L,,,,- ~Iy Gommission Expires My commission .Expires on- ~ !~.-~fJ~' s~~t z7, zoos ' flay Month Year (~grratiee of NOTARY PUBLIC} R~~~r~~~ -October 21, 2008 -Page 104 of 271 ARIZONA 800 W Wash9ngton 5th Floor Phoenix AZ 85007-2934 (602) 542941 Attention all Local Governing Bodies: Social Si local law enforcement agencies for the purpose LIQlI ENSES 8~ CONTROL r:, r,~~.'¢. 400 W Congress #521 ^~ .,, ~ Tucson AZ 85701-1352 ~(•~~ ._, (520) 628-6595 • a ~o~ .. '~::; nfo'rir)ai3 ~--~ rffldentiat. This lf~#onnatian may be given to pc. _.iD~t~ b ~ be blocked to be unreadable prior to posting ~~,. - rte. ~ .. _, Read carefully, This i e, or prin#.with black ink. An extensive investigation of ~ ~ c ~ ` ' Fi `~_ False or incomplete answers could result in criminal. ~"13l` ' ~~??-„ prsubs vocation of a lioertse ar permit TO BE COMPLEF'ED BY EACH OWNER, AGENT, PAR A MEMBER, OFFICER OR MANAGER. ALSO EACH PF~2SON GOMPLETiNG Tl-1JS FORM MUST SUBMIT AN ;4PPLICANZ= TYPE FiIJG YN-IICH MAY BE OBTAINED AT THE DEPT. FItdGERPRINTING MUST BE DONE BY A BONA FIDE LAW F-NFORCEMENTAGENCY OR A Fl - INTING SERVICE AF!PROVED BY THE DEPARTMENT OF LIQUOR: THE DEPARTMENT DOES 4 PROVIDE THIS SERVICE. Liquor License # Eff. 10!01/07 there is a $24 00 >zrocessinff fee for each ffnaerorint card subrnltted ~ f® /]~ A service fee of 525.00 wilt be charged for a!I dishonored checks {A.RS. 44.6852) / ~ 37~ ld ~~~ { tf e location Fs IFcensed} 1. Check ^Owner^Partner tockhotder Member[]Offrcer Agei'tt ^ Manager(Onty) appr~oprfate ~ Other (omelets Questions - ~ 24} (Complete AN Questions exceat # 14, 94a 825). box-~ Licensee or Agent must tom lets ~ 25 for a Mara er Licensee or Agerft must tom fete ~ 25 2 Name: ~'3/~lCE7~ S~rpf~~^N ..S C'~~'~ Date of Btrtli: ~__ ~ Last ~ First Middle (This VY7II Not Become a P o u 6c Recoeits) 3 . Socal Security Number. cruets t.icense State: {ThiS~ ~ Dm@ a ecords ~ ,. 4 . Place of Birth: ___~? s~~~'~ ~ ~ tom'- Heiglrt ~ ~~ f ~ Weight lG .~ Eyes: ~i'~Nair. i~~v City State Cou (not cFwrlty} t< ' S. Marital Status ^ Single ~MarTied Q Divor~oed ^ Widowed Resider/oe~ (Home} Phone. 6. Name of Culrerlt or Most/Recent Spouse: 1~~ /«~ ~~ ~ ~irC-~ ~y ~Dabe of Sigh: {last all for last 5 years -Use additional sheet of necessary) Last Frst M'Iddle Maiden I 7. You are a bona fide resident of what state? _ ~ ~ If Arizona, date of residency: v ZC~ 8 Telephone number to contact you during business hours for any questions regarding this document {~~}~ - ~`~ j ~ 9. if ou have been a resident less than three 3 months, submit 8 Y () ropy of driver's License or voter n3gistraf'ron card 1t3. Name of Licensed Premises: ~[9n/SGDirI S ~ ~~! Lt_ Premis P e: (~~U}~`z~ ~~ 11. Licensed Premises Address: ~ 3 ~V, ,~ 7c' ~!_L. /~ '"~~~ ~~,4~p..1 ~ y Sheet Address (Do not use PO Box i;h City Cou Zip 12 List vOUr emDlOVmerlt Or tvDe of buSineSS durirl0 the react fives f.~i1 vr?arc if ~ inamnlnvari nsrt of tha lima Fiet 4hnca ri~4ae F Fct n*nc- rnne..F ~~.~ FROM Month/Year. TO MontlWear OESGRiBE POSn7ON OR BUSINESS EMPLQYER'S NAMIc.OR NAME OF BUSINESS (Glue street address, city, state ~ zip) cuRRENT ~ ~" (°c C S 13.20 '~ 1~,~'k-..v~i l~~f ~~ 32724 n~ InLnrwUlFevt~EMLa7nCC1 IrrvCIiCJJHKT r'VKtlirICKJCL11ViV/~ 13. lndcate your residence address for the fast frve !51 vears• ~ Lii FROIN MonttVYear TO MonttvYear Renf or Own RESIDENCE Street Address If rented, attach add8ianal sheet i ' rlarne address and hone number of landlord Ci State a(~ GURREtJ'r , //rervV C/ l9YtiI ~ ~~'S- ~r7~ ~vb © C~r~,~ 4~y ~ 3~ Ot01 02!2005 Qisabled individuals r+eUrriring special accommodations. Dlease tail the det~ttment (502 1542-9027 3 ~t~~ f3 ~~ • Regular Council Meeting -October 21, 2008 -Page 105 of 271 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you physically present and operating the S DNO the lic~rsed premises ? If you answered YES, how many hrsiday? answer iR14a below. if t+fQ skip to #9 5. i4a. Have you attended a Departmerrt approved Liquor Law Training Cou wittirn the fast 5 years? (Must provide proof} []YES NO !f the answer to # 14a is "NO° course must be completed before issuance of a new license or approval on an existing le se._ 15. Have you EVER been detained. cited anresied indicird or summoned into court for violation of AMY law or ordinance (regardless ofthe disposition even if dismissed or expunged)? Fortral>?c vio/atfans. include one (hose:brat were alcohol and'lor drug related. 16. Have you EVER been convicted. fined Wasted bond been ordered to deposit bar? imprisoned had sentence suspended. placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations. include only those that were alcohol and/or drug related 17. Are !here ANY administrative law citations, compliancx: actions or consents, criminal arrests, indictments or summonses PEND[NG against you or ANY entity in which you are now. involved? 18. Have you or any entity in which you have held ownership, been an offcer, member, director or manager EVER had a business, professional yr liquor AAPL1CA710N OR LICENSE reiected denied revoked suspended or fifned in this or any other state? 19. Has anyone EVER filed suit w obtained a 'tr ainst in a civ~ action, the subject of which involved fraud or misrrxrreser~taSon of a business. professional or t arauor license? 2D. Are you .:~rahav~.:you EVER held ownership, been a cerrtrollina person ,been an officer. member, director. or man° er on~ a3riv der uor ~aense ~in this or any other state? DIES ~o DYES ~10 DYES I,~QNO DYES ~ .DYES O D'YESO !f any answer to - ~»s ~Iv fir" s~ggfi ~.:_ s "YES° YOU iifUS _:$f~t<*!t ac! 'i~,rlerrt Give comaletell~~f~~~+tes, agertcles fnvo ve -sposrlions: IF you chec~l,Man~~x on the front of this form; fill in #21-23 and 24, all others skip the following box (21 23) and go to # 24 'xr.~x4~., .: 21. Y - a Department approved Liquor t.aw Trainirig`Caurse witHin the last 5 years? (Must provide proof) DYES ^NO If the answer to #2'1 is "NO" course must be cwmpleted BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make paymer>#s to the licensee? ^ YES ^ NO If "yes', how much? $ per month. Total debt th licensee $ 23. Is there a formal written contractor agreement between you and the licensee relating to the operation or management of this business? ^ YES ^ NO If fires", attach a copy of such agreestent .:STS l'If~~ ~ ~"~~ ~'r~ - -- __- t3~K~_~ .Hereby declare that I am tl,e APPUCANr frj~g Phis gcestio an 24. !, {Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, k~rrect and complete. , ~ ~~-~ C unify of rr'Yt X foregoi~t~ was a nowledg {Signature of Applicant) l+l AIiY (i~. - - ~- ordh t _ ~~,y~,~~ f _ / ~'n ~y Com;nission l~5it~ My commission expires on: ~ ~ ;~ ~,~ Cl[ !yv Cjj Sept 27, ?DO8 ti Day MarrUi Year (Signature of 1+10TARY PUSUC) FILL IN THIS SECTION ONLY 1F YOU ARE A LICENSEE ORAGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25.1, (Print Licensee/Agent's Name)• Hereby authorize the applicant to act as manager for the named I~uor license: . State of My of - wledged before me this X {Signature M UCI=IJSEEIAGENT) :;;:_ Mom, Yew My commission expires on: Day Month Year (S~nature of NOTARY PLrBUC) Regular Council Meeting -October 21, 2008 -Page 106 of 271 . ARIZONA 800 W Washington 5th Floor Phoenac AZ 85007-2934 {602) 542-5141 ~ CONTROL 400 W Congress #529 Tucson AZ 85709-4352. ,~,,, (520} 6286595 Attention all Local Governing Bodies: Social -, an i rtfo' ti nfidenfiai. This information may be given to total law enfort~ment agencies for the purpose a g " , _" :~~ ~. b ~ st be blocked to be unreadable prior to posting or'~ pulpy`' "~' ~ ~.. Read carefully. This Fns ~ ~ t~ ~,pe or print with black-ink. An extensive inve ation of "b ~ ~ ``u `_. d~# Fafss or incomplete answers Doak! result in crirni~ p , _y_ §or~ vocation of a license or permit TO BE COMPLEIi=D BY EACH OWNER, AGENT, PARTN ~ MEMBER, OFFICER OR MANAGER ALSO EACH PER90N COMPLETING TIitS FORM MUST SUBMIT AN fiPPLICANT' TYPE FIN D WHICH MAY BE OBTAINID AT THE DEPT. FENGERPRENTING MUST BE DONE BY A BONA FIDE IAW ENFORCEMENT AGENCY OR A FI INTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES ~7 PROViDi= THIS SERVICE. Liquor License,# A service fee of;25.00 will be charged for a0 d~honon;d checks (AR.S. 4~&852)~ /ti} /(~ ~~~~ fQ 5~~ (tf the location is cunen Fcensed) 1. Check ^Owner Partner foctdtolder ember^Officer ^ Agent Manager{Only} appropriate Other fete ^ ( p Questions 1_Zp S 24) {Complete Ail Questions"~~ 14,14a S 25) box•-•~ Lic~see ar Agent must complete # 25 for a Mena er Licensee or A t must tom late iR 25 2. Name: ~ ~~~ ~ /PCy Z- Date of Birth: ~~_~~ Last First Middle ('Ehis Will Nof Become aubi~ Records} 3 . Soaal Security Number- Drivers License- ~_ State: (77~is ` Dine a Part of Public Records) ~ . r, 4 . Place of Birth: ~4L~ •~ ~ `~ L, ~/(, Height ~ ~ Weight: ~.~ ~ Eyes: ~ Hair. cz.~.t~ City S Cou {not t~urrty) 5. Marital Status ^ Sir>gle ^ Married Divorced ~ Widowed " Residence {Home) Pho 8. Name of Currant or Most Regent Spouse: /~r~ c7? ~%t~/~(ft:U ~1 ~+'t~ca: Date ofi Birth (List all. fru last 5 years -Use additional sheet if necessary) Last Fast Middle Maiden - ~. 7. `You area bona fide resident of what state? ~ ~ If Arizona, date of residency: ~ c~ • ~. 8 Telephone number to i~ntacf you during. business hours for any questions regarding this document. (5~Q }~ -,~~~__~•__ 9. If you have been a resident Less dean three {3) morrihs, suturrit a copy of driver's license or voter registration card. n' 10. Name of Licensed Premises::p ~~N SC,~1,+~; "~l? 1 L L Premises F~/ne: ~Zfl )~_ ~ ~ ~ 11. Licensed Premises Address: p ~~s ~. ,~ i ~ y Lt ~i~. ~ ~ ~r~ ~T~ /C7 y ~ f yt~~~ ~~ ~j~ 7_ '~. ~? Street Address (Do not use PO Box #) City County Z~ 12. LISt YOIY empiovment .Or tope ofi b[1SInesS during the bast fivoe (51 vearc if t rc~mnin~Pri Hart of the lima lict ttv,crs riatoc t i¢t mncf rorcn+ ~ ~ FROIV! " MOnthlYear TO MonthlYear DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, cry, state zip) & CURRENT J~o- vr•~.- ~ g d ry c?5 ~ K.r~ iv' r~f3~'Sta~ c~~'~G ~ I:1 ^ .ZO ~'V, f'a G l ~cst~-~! ~~ Z'f"~~C1 h r ~ ru..n Hvcn i ivrwL ~ntr r rr rvr~t=ssHtcr r~tt tl l tihtc Stt; t l~IV~ 13. (nd'Irate vour residence address fnr the last fives fS) vpa~e• . , Llt FROM MonthlYear ' TO MordFVYear Rerrt ~ RE~DENCE Street Address Own'. if rented attach additional sheet ivi name address ared one number of Eandiord Ci State Z' 'I~a CURRENT DW1'1~ ~"" Uc_ `BJL~ a ~~ 7. t C~iQ G'k...~1 L.~[., Q J~J 010102!2005 Disabled i~viduals reauirlner sp~iai aceommodatiorrs. please call the Denartrnent x602 154.2.9027 d`~ ~ I f~ 37 • Regular Council Meeting -October 21, 2008 -Page 107 of 271 14. As an Owner, Agerrt, PaMer, Stockholder, Number or Officer, wNl you physically presen# and operating the S ^NO the lioerised premises ? If you answered YES, how many hrs/day?~, answer #14a below. If NO, side to #15. 14a. Have you attended a Departrnent approved Liquor Law Training Course within the last 5 years? (Must provide proof} ^YE$ O ff the answer to # 74a is. "NO" course must be COrnpleted before issuance of a new lieerrse or approval on an existing3 Crc 15. Have you EVER been detained. cited, arrested, indicted or srtmmoned irrto court for violation of ANY law ar ordinance (regardless of the disposition even if dismissed or expur3ged}? For traffic violations. inNude oMr ftwse that were alcohaf and~or drugrelated 16. Have you EVER been carvi fined. Hosted bond been ordered to deaosif bail, imprisoned had sentence suspended, placed on_pnobatiorr oroarrfle for viof~tion of ANY law a ordinance (regardless of the dispostion even if dismissed or.expunged)? For traffic violafions:`inciude anly those that were alcohol ano+/or drug related .17. Are there ANY administrative law citations, comp&ance acEions or kx:r>serris, aiminaE arrests, indicttnertfs or sisnmonses PENDING against you or ANY entity in which .you are now innvolved? 18. Have you or any entity in which you have held ownershq~, been an officer, member, director or r~ sanager EVER had a business, professional or liquor APFLJCA770N OR LICFJNSE refected. denied, revoked suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a fudamenf aaaivrst you in a awl action, the subject of which involved fraud or misrepneset>tation of a business. professional or!iauor license? 2Q. Are Xoi~~NOW or Have you EVER held ownership, be~i a k;orr6-oNino person ,been an officer, member, director. or manaeei on `•an fi Mier ' nor license in t3~is or any o3iter state? []YES ~NO ~l(ES ~10 ^YES ~NO .AYES L~NO ~1'ES 10 ^YES ~NO if any answer to ` ~esiiri~rtS 1~'~h flgh s "YES" YOU Mt! alt~c/1 a :. naid~ta Givae come es, agencies involved and drs If you checked the Manager box on the front of this. form, fdl in #2'1-23 and 24, all others skip tine following box (21-23} and go to # 24 . .';. anacler ec on 21.. stave you~atf'ei~ ~ Department approves Liquor Law Training Course within the last 5 years? (Must provide proof) AYES ONO If ~e an wer a fi'21 is "NO" coarse nrrist be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license 22. Do you make payments to the licensee? ^ YES ^ NO If "yes", how much? $ per month. Total debt to troeosee $ 23. fs.there a forma! written contract or agreement between you and the licensee relating th the operation or management of this twsirress? ^ YES ^ NO If °yes", attach a copy of such agreement 24. I, ~~# n) ~ RCJ ~ l~A,~C~ ~C' hereby declare that ! am the APPLICANT Bing this que 'onnaire (Piirrt fup nacre: of Applicant) I have rea this questionrFaire and the r~ntents and al! statements are #nre, oorrec# and complete. S _ f X T 'ng instaur~ e g me this (signature of Applicant) - NOTARY PUB C I day of a - _/ ~~ ~r- f~ trty Commtsslon ~~ ear My commission exp'sres on: G i ~-Y~~W ~`f U " Sept 2T, 2fl~ Day Morin Year. (Sgnatiae of NOTARY PiJBLIC) FILL IN TEAS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Anent Approval of Manager 25.1, Print Lioensee/Agent's Name : ~~~ r'i~~11~o f~~. Hereby. authorize the applicant to act as manager for the named liquor I'ICense. _ of i oil ed me this X . {Signature of LiCENSEEtAGE]~E'f) ~ pay w 1 rear ~ _ ~,~ . r My commission expires on: 27.2008 pay Montl1 Year (Signature of NOTARY PUBl.1C) Regular Council Meeting -October 21, 2008 -Page 108 of 271 • ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item C 4 From: Keith Brann ,Town Engineer Subject: Resolution No. 2008-135: Relating to development; approving the release of a Private Improvement Agreement for Safeway Store #1749, acceptance of public improvements for maintenance Discussion: The Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 1034 linear feet of Silverbell Road and 6601inear feet of Twin Peaks Road. Improvements including auxiliary lanes were constructed as part of the Safeway #1749 • project. Financial Impact: Approval commits Operations and Maintenance Funding ATTACHMENTS: Name: Descriptian: Type: ^ Safeway Resolution 2008- 135 - Infastructure Only.do..c Resolution 2048-135 Resolution ^ 081_002 Safeway Loc Map.pdf Location Map Exhibit Staff Recommendation: Staff recommends Mayor and Council accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2008-135. • Regular Council Meeting -October 21, 2008 -Page 109 of 271 • MARANA RESOLUTION N0.2008-135 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF A PRIVATE IMPROVEMENT AGREEMENT FOR SAFEWAY STORE #1749, AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Safeway Incorporated, has completed. the public improvements acceptable to Town standards in accordance with the Engineering Plan (ENG0202-007) for the Safeway Store # 1749. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1034 linear feet of Silverbell Road and 660 linear feet of Twin Peaks Road., as depicted on Exhibit A: PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. ATTEST: Mayor Ed Honea. APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney • Regular Council Meeting -October 21, 2008 -Page 110 of 271 • ~k ~~ ~~, a: r ~ 3 ~'~ { 4I ~j i. ~ ~ i a ~ 'l ~ m~~~ !° al ~ 11 ml~ my I V i i I~ ~< 8~ ~ ~~ n m a m m g ~ ~ ~ x ~ s Rg'~ ~a ~ ~ TW91 PEAKS 6UBDIVIOION BOOK 5O. MAP 87 IVACANTI ~S ~~ $s 8 ~~ 2. z ~ „°a~~~a~~~~R n E ~i go ~~g A W~~ v~ C? ^ ` + f D Z ~ Q ~ i DN z rn r -+ ~ _ ~ ~ _ ` ~ O N ~~' p Z / 111 ~ . 7 /v " °' (!1 Z C ' m .'~ Z O O z op 7 ~ ~ 3 ~ rn m ~ z ono ~ Z ANT r O ~ ~" ~ r i ~_A O N ~rn 'a r C Ri ~ G V/ Z- O ~ i ~ . A ~ o m w ( ' \' y D ~j € ~y n i i~ W -' ' o~ O b~ ~ ~ a g+' ~ ~ m ~ ~; s~ s~ ~ - =f cs gsNe ~ - ~-- --- ~ _; ~::°~ v °. m ~.~~ ~~~KH r ~g ~ _._ f.1 ., .., ~, om fB a~~m~ ~~~ S '![~ f~) it .. m sy g~~z ~ ~~ B ESL; 2 ~~ ~~ > BS b yy t)pp ~I ~ ~ ~A~= ~ ~ r ~ r;~ it Meeting -October ~ - ~ ~ ~1 ~ 0#271 _ s ~~~ _~_ ~ _~~; ~~ ~ ~` ~~$ z ~q. 2 g $ Y#i 7 z 0202-007 ._ i ZR ~ O N N ! O O ~v s '' • 3 P Regular C -FILE N X W D . > g.~ 6:~.~ ~g.,g N > ~ 7 R F A E'~ ~= ' € p f ~ z s ~~ 1 a'~ vo f. ~ N ~~ ~ g F A ~ ~ ~ g ~ ~ ~ ~ ~ b~~~ ~i ~ ~. ~i a ~ ~b'~ S ~ R n ~u u.~~. >,y $ ~ id nn $. ~Jg ~AZgg~~a g£ cab= €f~~s"~~ ~ g€~ s°aj,~=~~~ g~~~sg~a> m o~ m° m g ~s a~~ ~$s~ $~ ~v ~ a°a ° ~a~ ss~~ g~~a ~~m~ ~5 s # ~ g ~~$~~ xQS sgoa 9a ¢ e~s~ ~"~~ xf s ~=isey ~~wsn s~ ~~ ~° ,a ~ i ea~ ~ s ~~~§~ a $ z 2 S< ~ gat ~aa ~ E ~m i ~ ~ ~~9~ ~~~ 8 e^~ $• R: ~ _€ ~ ~~$~~~s~ ~e €aa i w °' ~~ ;~ Rg33 ~~~~ ~ g~~ sn ~~ r~ w ~~~a ~'~~ E $ g~~ ~ ~ °~- ~~' ~~ E„ate ~~ ~~ ~~ ~ n '~ ~ ~ ~§ a a a sR a ~~ ~ ~F~9~. Pa ~~ a ~~~ ~~ ~ Z s ~~ ~ z ~~~y ~~$~NS ~~ ~~ ~ 4~.€::~ ~,~.~~ ~~E~ ~ fi,<~ ~ s~~ ~ to ~ . Ba 9 ~=sa ~~ ~ ~-~~ E F po g $ ~ ~ ~ ~' ~ ~ ~~ ~ ~~~ ~ b ~' ' ~,~~~ 1~ 1~ 'v1.'\ /" TO~i p IYIU MI 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council From: Kevin Kish, AICP ,Planning Director Item C 5 Subject: Resolution No. 2008-136: Relating to Development;. approving and authorizing a development plan for the Paley Building Discussion: Request Stephen Robinson, Architect on behalf of John and Patricia Sims requests approval of a development plan for a dance studio and office building. • Location The subject property is within the Continental Ranch Specific Plan area and is located on Lot 41 of the Peppertree Ranch Business Park plat at the southwest corner of Business Park. Drive and Hartman Lane. Protect Description. The site contains a gross area of approximately 1..02 Acres (44,5621 square feet); the proposed building floor area is 6,231 square feet with a proposed height of approximately 23 feet. The maximum height allowed by the specific plan is 39 feet. The project's total landscape coverage is 21 °Io of the gross site area, exceeding the 10% minimum required. The building will have wood frame construction with a stucco finish, cement tiles, and a flat roof with decorative parapets. Elevations have been provided as part of this packet. The proposed development plan was reviewed by staff for compliance with all applicable standards and guidelines within the Continental Ranch Specific Plan and the Land Development Code. Zoning and Land Use Designation The zoning for the site is F (Specific Plan-Continental Ranch). The land use designation is "I" (Industrial). The Industrial designation allows for a dance studio/office building as a permitted use. Transportation Access to the site will be provided from Business Park Drive and Hartman Lane. The site will have forty five (45) parking spaces exceeding the required thirty one (31) spaces per the Continental Ranch Specific Plan. • ATTACHMENTS: Name: Description: Type: ^ Resolution 2008-136 Regular Council Meeting -October 21, 2008 -Page 112 of 271 • P_aley_Buldng_DPdoc PaVey Building Resolution ~ 0517 001pdf Application, Location Map ^ 051.8 001_pd_f Paley Bulling Site Plat ^ 0526_001-elevations.pdf Elevations Staff Recommendation: Resolution Backup Material Backup Material Backup Material Staff has reviewed the application for compliance with the Continental Ranch Specific Plan and the Land Development Code. This development plan is in conformance with all required development regulations and conditions of zoning. Staff recommends approval of a development plan for the Paley Building. Commission Recommendation - if applicable: The Marana Planning Commission held a meeting on September 24, 2008, and voted unanimously to recommend that the Town Council approve the Paley Building development plan. Suggested Motion: I move to approve Resolution No. 2008-136, the Paley Building development plan. Regular Council Meeting -October 21, 2008 -Page 113 of 271 C MARANA RESOLUTION N0.2008-136 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A DEVELOPMENT PLAN FOR THE. PALEY BUILDING WHEREAS, John and Patricia Sims, the owners of Lot 41 of the Peppertree Ranch Business Park plat, has applied for approval of a development plan for a dance studio/office building on a 1.02 acre site, generally located at the southwest corner of Business Park Drive anal Hartman Lane within a portion of Section 35, Township 12 South, Range 12 East; and WHEREAS, the Marana Planning Commission held a meeting on September 24, 2008, and at said meeting voted unanimously to recommend that the Town Council approve said development plan; and t WHEREAS, the Town Council, at their regular meeting on October 21, 2008, has determined that the development plan for the Paley Building should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the development plan for the Paley Building is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of October, 2008. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -October 21, 2008 -Page 114 of 271 ~~ • MARANA . ~/!\ rora+w,.,.y... TOWN OF MARANA Planning Department. 11555 W. Civic Center Dr. Marana AZ 85653 (520)382-2600 Fax: (520}382-2639 _ __ PLANNING & ZONING APPLICATION 1. TIjPE 0~ APPLiCA'fION (Chtc{c Oue o Preliminary Plai o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit ot/"Development Plan o Rezone/Specific Plan ~ther_j~"W __..~V ~~,~/}j/U/,,. i~Laudsea~F~. o Significant Land Use Change o Native Prant Permit o Minor Land Division • • -- - __~_ _ __ ~______ m.._ t `' 2: GENERAL DATA R~ UIRED: ~ Assessor's Parcel Number(s) ~~ ~S General Pian Designation To be confirmed b sta _ Gross Area (Acre/Sy. Ft.) ~~ ~ ~ ! s~2 Current Zoning To be confirmed b sta Development/ProjectNgme ?'~ ! r- ~ t n ~ G ~Y "t' Proposed Zoning Project Location ~ ~ ' t ~ S .7 Description of Project j~}..^ 1~~. ~ ~ ' " ~ ~ ~ Property Owner ~ : r, ~~ Street Address ~ U• City State Zip Code . , Phone Number Fax Num er E5 it A dre~ intact Person ~~ ~ Phone umbe Applicant Street Address - City State Zip Code ~~ ~ ~ Phone Number ?zz~~3 ax Numb 29~-~ E-Mail Address Contact Person Phone Number AgentlRepresentative ~ '~~ ,. Street Address '] ~ fy l~~S t ~ C Gt ,.;, p ~ , City rV ~~:.~~ State Ate„ Zip Code Pho e Number ~~~~-?~~ Fax Number ~7~ - ~~~Z E-Mail Address ~Gj~/-~I°~~~~ , Contact Person Town of Marana Business License No. - 3. AUT`)'1CORIZATiCN OF PR(?PEI2TY OW1~lER _.. _ 1, the undersigned, certify that alk of the facts set forth in this application are true to the best of my knowledge and that 1 am either the owner of the property or that 1 have been authorized in writing by the owner to file this application and checklist. {[f not owner of d recur ,attach written anthor~catron from the o Print' ,<r.~lofA licant/A ent --- _` ner.) %Zt. ~~u/ 8-3107 Date r.,s~ 'R c®w ~~ 'ABED F1LES\Revic«~ Cht:cklistlApplication.doc SOS Regular Council Meeting -October 21, 2008 -Page 115 of 271 ~~ ~~, ~~~. ~~:.~:~::r:; ~~~~~~ To'~~~r~ of ttl9ARANk Paley Building CASE DPR-07100 ---- N $USINESS PARK DR-.-- I • ~ I z l ~ I ~ ' z ---.------------}- --_----- W MASSWGAI_ERD___.-_-.-_ Paley Bulldin~ • Request o ,ao 2so n. -~_ A request for approval of a development plan on Lot 41 0~ Peppertree Ranch Business Park. Dala Disclaimer: The Town of Niarana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. 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' C` a u ~ cis r' ~- °_ ~~ n r ` 0 Stephen Robinson o Architect C~. ~ ~' ~ ~ l~ I ~ ~ I ~ b ~' ~ e„s ~. c~aua Joao a~so ~ ~ Tucson, Arizona alfxtimewil Ywvia.ay ttarxaay arwx;a 5,~~, • ; `" ~L ~-RA~A ~~ ro.. ~...,..~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item C 6 From: Deb Thalasitis ,Assistant Town Manager Subject: Resolution No. 2008-137: Relating to the Police Department; approving and authorizing the appointment of three Council members to the Contract Review Committee for the Meet anal Confer Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association; approving and authorizing the appointment of one of those Council members as chair of the Contract Review Committee; and declaring an emergency Discussion: • On June 3, 2008, the Town Council approved the first Memorandum of Understanding (MOU or Agreement) with the Marana Police Officers' Association. This Agreement was reached between the Town and the Association following the first Meet and Confer process. While the Agreement encourages resolution of any disputes at the lowest possible level, the Agreement contains a methodical process in order to resolve disputes that may arise in the interpretation of the Agreement. That process is as follows: Conference Board - up to four members from the Police Department command staff and up to four members of the Association meet to resolve disputes involving the interpretation of the MOU. If disputes cannot be resolved by the Conference Board, they are referred to the Contract Review Committee. Contract Review Committee (CRC) - Afive-member committee composed of three current Town Council members and two current Marana residents (non-employees). The three Council Members are appointed by the Mayor and the Council, one resident is appointed by the Town Manager and one resident is appointed by the MPOA. The Mayor and Council also appoint one of the Town Council committee members to serve as chair of the CRC. The role of the CRC is to hear the facts presented by both the Association and Management and make a recommendation. to the full Town Council for resolution of the dispute. The recommendation of the CRC is then placed on the agenda of the next available Council meeting for full Council action. If the parties reach agreement during the CRC process, the agreement between the parties will be placed on the next available agenda for full Council action. These processes were put in place to address the interest of having an objective review. process for resolving matters of dispute concerning the MOU, without abrogation of the authority and responsibility of Town government provided for under Arizona Statutes or Town Ordinance. In a letter dated August 7, 2008, Mayor Ed Honea requested that each Council Member provide his or her top three choices for placement on Town commissions and committees that include Regular Council Meeting -October 21, 2008 -Page 124 of 271 • Council members. The Council members recommended for appointment to the CRC tonight, based on their expressed interest in serving are: Council Member Patti. Comerford Council Member Carol McGorray Council Member Roxanne Ziegler It is recommended that Council Member Comerford be appointed as the Chair of the CRC. It .should be noted that if an item is brought before the CRC, the full Council still retains approval over the CRC's recommendation. Financial Impact: None. ATTACHMENTS: ?! a7ne: Descripti c>n: Type: ^ RESO 2008-137 Appointment of Council Resolution 2008-137 Resolution members._to CRC,_DOC_ Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2008-137. • • Regular Council Meeting -October 21, 2008 -Page 125 of 271 • MARANA RESOLUTION N0.2008-137 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE APPOINTMENT OF THREE COUNCIL MEMBERS TO THE CONTRACT REVIEW COMMITTEE FOR THE MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION; APPROVING AND AUTHORIZING THE APPOINTMENT OF ONE OF THOSE COUNCIL MEMBERS AS CHAIR OF THE CONTRACT REVIEW COMMITTEE; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and WHEREAS the parties, through .their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours and working conditions of employment in the bargaining unit; and WHEREAS the Town and the Marana Police Officer's Association reached agreement on a memorandum of understanding (MOU); and WHEREAS the Town Council accepted the memorandum of understanding, pursuant to Section 4-1-8(F)(5) of the Marana Town Code, by Resolution 2008-78 on June 3, 2008; and WHEREAS the memorandum of understanding is effective July 1, 2008 through June 31, 2010; and WHEREAS Section 5-9 of the memorandum of understanding provides for a Contract Review Committee to resolve disputes that may arise over the interpretation of the memorandum of understanding; and WHEREAS Section 5-9(A)(1) of the memorandum of understanding requires the Town Council to appoint three Council Members to serve on the Contract Review Committee; and WHEREAS Section 5-9(A)(1) of the memorandum of understanding requires the Town Council to appoint a chair of the Contract Review Committee from the three Council Members serving on the Contract Review Committee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby appoints Council Member Patti Comerford, Council Member Carol McGorray and Council Member Roxanne Ziegler to the Contract Review Committee for the Meet and Confer Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association to serve a term of one year which will automatically be held over through the term of the current memorandum of understanding unless replaced prior to the expiration. Regular Council Meeting -October 21, 2008 -Page 126 of 271 • SECTION 2. The Town Council hereby appoints Council Member Patti Comerford as the chair of the Contract Review Committee. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 21St day of October, 2008.. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk • APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Regular Council Meeting -October 21, 2008 -Page 127 of 271 _ .2 _ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item C 7 From: Subject: Minutes of the September 3, September 16, and October 7, 2008 regular council meetings and the September 9, 2008 special council meeting Discussion: • ATTACHMENTS: Nan1e: Description: Type: ^ 09-03-08_Re~ular.doc September 3, 2008 Minutes Backup Material ^ 09- 08 Drat[ 0 9 _ . . Minutes.doc September 9, 2008 Minutes Backup Material ^ 09-1.6=08 Minutes.doc September 16, 2008 Minutes Backup Material ^ 10-07-08 Minutes.doc October 7, 2008 Minutes Backup Material Staff Recommendation: Suggested Motion: • Regular Council Meeting -October 21, 2008 -Page 128 of 271 ,oWN of • '' Maiia,rva gRiIDNP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana,Arizona 85653 September 3, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Roxanne Ziegler. Absent/Excusedr Council Member Jon Post. B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - C. APPROVAL OF AGENDA Motion: Approve, Moved by Council Memher Carol McGorrati~, Seconded by Council Member Russell Clanagan. Passed 6-D. D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any . issue not already on tonight's'agenda. The speaker may have up tathree minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers ~Id deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. David Morales spoke regarding the issue of becoming a city to be put to a vote of the people. Mr. Morales noted that he had brought this issue before Council previously. Mr. Morales went on to explain why it would be important to become a city and cited examples of the differences between a city and a town. E. PRESENTATIONS - ANNOUNCEMENTS/iTPDATES - PROCLAMATIONS -Silver Star Day (Jocelyn Bronson) Ms. Bronson read the proclamation. F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS F. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS - • Mr. Davidson asked Ms. Bronson to read a letter of appreciation from the Mayor to Lilian R. Grijalva, who will be celebrating 30 years with the Town on September 4, Regular Council Meeting ~ ~5ctob a~o 20Ho$ nP 9~a 9 o~ome personal remarks about Lily and her integrity. <nwN 7R ti ~ T~ • y Maaarva gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA Motion: Approve, Moved by Vice Mayor Herb %ai, Seconded by Council Member Russell Clanagan. Passed 6-0. The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2008-110: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 . (Restaurant) liquor license submitted by Javier Andres Teran on behalf of Nana's Kitchen, L.L.C., 8225 N. Courtney Page Way, Suite 129 (Jocelyn Bronson} 2. Resolution No. 2008-111: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new license for a No. 12 (Restaurant) liquor license submitted by David Elliott McGuire on behalf of Monkey Business Entertainment, 8581 N. Silverbell Road (Jocelyn Bronson) 3. Resolution No. 2008-112: Relating to Community Development; granting $40,040 in discretionary funding to the Marana Chamber of Commerce, Inc., an Arizona SOl (c) (6) non-profit organization, to support the Marana Visitor Center and economic development activities performed on behalf of the Town of Marana (T. Van Hook) J. COUNCIL ACTION 1. PUBLIC HEARING. Resolution No. 2008-113: Relating to Development; approving and authorizing a conditional use permit fora 24-hour fitness studio in a commercial development at 8567 N. Silverbell Road (Kevin Kish) Mr. Kish presented this item and then Mayor Honea asked for speakers during the public hearing. David Carroll spoke on behalf of his tenant, SNAP Fitness, • and expressed support as well as support for Anytime Fitness, a competing business if they go through a condition use permit. Tyler Smith, general hmaanager and part owner of the franchise. He noted that nationally, franchisees Regular Council Meeting -2~aoben~T a~Yged~3~o~t2v,~ssues for the additional early morning hours that they • ~pWN O~ ~~. 9 Maaarva gRIZON~' REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. have been open. He stressed that the additional hours make them competitive with the `big box' fitness centers and this would help them stay with the business model that has been successful elsewhere. Their facility is being marketed as more of a community facility and not to potential members outside of the service area -marketing to approximately the Gladden Farms area and no further. • • Council Member Clanagan asked if the applicant would have a problem with the proximity of Anytime Fitness. Mr. Smith didn't feel that this would be a problem. Mr. Lee Johnson addressed Council on behalf of the group. representing Anytime Fitness. He indicated that Anyrtime Fitness has been operating for two years after they were turned down by the Planning Commission for 24-business: He supports the resolution based on any facility based on a level playing field. Mayor Honea indicated that Anytime Fitness could come back and asked for a conditional use permit. Council Member Clanagan asked Mr: Davidson to give a report as to whether any incidents were reported over the past two years, and he indicated that there were no incidents reported. Council Member Ziegler also expressed support. Motion: Approve with conditions, Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler. Passed 6-0. 2. Resolution No. 2008-114: Relating to Development; approving and authorizing a development plan for China Buffet (Kevin Kish) Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Motion passed 6-0. 3. a. Resolution No. 2008-115: Relating to Development; approving and authorizing a preliminary plat for Ironwood Acres (Kevin Kish) Mayor Honea asked the applicant, Ron Asta, why they desire private streets for only 35 homes_ Mr. Alta replied that they would like to have a gated community and must have private streets for that. Mayor Honea also asked about the provision of water and noted that he had spoken to Mr. DeSpain on the issue. Motion: Approve, Moved by Council Member Roxanne Ziegler, Seconded by Council Member Russell Clanagan. Motion passed 6-0. b. Ordinance No. 2008.20: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance No. 2006.30 (Kevin Kish) Mr. Kish noted that the applicant is asking for the removal of condition 17 from the original ordinance. Staff is recommending that no modification be made. Regular Council Meeting -October 21, 2008 -Page 131 of 271 • • ~O`HN Ot i a MARANA ~ gRIZONP REGULAR COUNCIL MEETING. NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive,. Marana, Arizona 85653. September 3, 2008, at or. after 7:00 p.m. Mr. Asta presented an illustration to demonstrate why he is asking for the sewer modification. Mr. Davidson concurred with staff that additional review is necessary before Council can act on this. Motion to deny: Moved by Council Member Russell Clanagan, Seconded by Council Member Roxanne Ziegler. Passed 6-0. K. BOARDS, COMMITTEES AND COMMISSIONS L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Stephen Romero) There were no issues for discussion. M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.RS. § 38-43i.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131. 3. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-008B, -017B, - 018B & -019A; 221.-04-OOSB, 226-36-005B & -OOSC; and 226-08-0190; and to instruct the Toivn's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. N. FUTURE AGENDA ITEM5 Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana-Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT Action: Adjourn, Moved by Council Member Clanagan, Seconded by Council Member McGorray. Passed 6-0. Regular Council Meeting -October 21, 2008 -Page 132 of 271 • SOWN OR ,`a °', 9 M4R.~NA ~ gR~zoNP REGULAR COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 3, 2008, at or after 7:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 3, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk • C7 Regular Council Meeting - October21, 2008 -Page 133 of 271 ~pWN Ot • ,~..:'; M41ZAN4 ~ ARIZOHP SPECIAL COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. SPECIAL MEETING A. CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler. B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE - G APPROVAL OF AGENDA Action: Moved by Council Member Carol McGorra~~, Seconded by Council Member Roxanne Ziegler Passed 7-0. D. CALL TO THE PUBLIC None. E. PRESENTATIONS - 1) Presentation: Relating to Development; request for direction on possible QuickTrip 1456 annexation located on the south side of Cortaro Farms Road and east of Cerius Stravenue This item was presented by Lisa Shafer. Deputy Plaiting Director. Mike Marks, MGM Consulting, spoke on behalf of the applicant, and stated he believes this project will move more quickly with an annexation and rather through a rezoning. He brought the Council up to date on the status of neighborhood meetings and the homeowners association to the north of the project. Mr. Beilman then spoke on behalf of the applicant on community outreach related to the project. QuickTrip is a privately held corporation in business 50 years next month based out of Tulsa, Oklahoma. The partners have moved their families to the area and are committed to good customer service, clean stores and being good neighbors. He indicated that with all of the neighborhood meetings, he received no negative comments. Mayor Honea expressed his concerns about the business operating 24 hours a day in a residential neighborhood and safety issues related to ingress. Mr. Beilman indicated that they are very conscientious about lighting. Mr. Marks indicated that they had met with Fernando Prol and they are aware that they need a traffic study to look at the impacts especially during the annexation process. Vice Mayor Kai asked about retention and drainage. The applicants expect to be • in compliance with every aspect. Council Member Ziegler asked if they had been in touch with the Building Official regarding lighting, and they indicated that they were prepared to address that. Regular Council Meeting -October 21, 2008 -Page 134 of 271 • • SO`~N 7~ '° , q MARANA ~ gRIZuNP SPECIAL COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. Council Member McGorray expressed concerns because of the residential area. She would like verification that the neighbors have been contacted -signatures. According to Mr. Beilman, 12 people came to the meeting and signed from Oshrin Park, and there were others there who didn't sign in. There were only two lots in Oshrin Park that fall into this development site. Council Member Comerford would like all of the neighboring properties to be contacted and a letter from each of them indicating their approval of the project. Council Member Ziegler would like to follow code on the procedure for notifying neighbors. Ms. Shafer indicated that this is a two-step process, one for the annexation notification and the rezoning requirements for notification. Mr. Beilman stated they would do whatever they need to do to meet the needs of the neighbors. Council Member Clanagan asked about the annexation of a corner of a neighborhood from a legal standpoint. is that short-circuiting the process within the County? Frank Cassidy addressed this under the Growing Smarter process and the differences in planning processes. Council Member Clanagan also noted that this is an area that lends itself to public safety issues. The applicants agreed that this warrants a traffic study. Council Member Post thought this was a great idea. He asked if the applicants had been approached by residents further up Cortaro to be annexed. The applicants indicated that neighbors are interested in annexation, and further that recent research indicates a linear expansion through annexation would be possible but hopes that if there was further expansion it wouldn't impinge on the current project. Mayor Honea indicated to the applicants that an annexation wouldn't necessarily guarantee a rezoning. The applicants understand the risk. Mayor Honea asked that staff continue to work on the annexation. The applicants asked when the project would come for public hearing. Gilbert Davidson indicated that this would move through the agenda committee process to come before the Council for action. 2) Presentation: Relating to Conservation Planning; status of the Town of Marana's Habitat Conservation Plan Jennifer Christelman introduced the project, and Sherry Barrett, Field Supervisor for the Fish and Wildlife Service, addressed Council and the purpose of the HCP. Regular Council Meeting -October 21, 2008 -Page 135 of 271 • SOWN OF MAI2ANA ~ gRIZONP SPECLAI, COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. Ms. Barrett guided the Council through a PowerPoint presentation, including the benefits of HCP. The presentation is attached for the record. Ms. Christelman then discussed why Marana is interested in HCP and how individual projects are affected including surveys and other processes that can help with mitigation of development projects. It also helps protect species and a sustainable community which translates to economic benefit. Ms. Christelman introduced and thanked .many members of the group who helped put the plan together. Council Member Ziegler asked about funding for HCP and a reassessment of the budget to accommodate for projects such as HCP. Mr. Davidson responded that the next presentation deals with the transition plan, and staff will he talking about the strategic planning process which includes finances for the town and projects and infrastructure that will need funding and the types of revenue sources that will need to be identified by Council. HCP will be part of the discussion in regard to funding. Council Member Ziegler noted his response and indicated that funding definitely needs to be found for this. -The HCP presentation was given to Council at this time for further review. Council Member Ziegler also stated that the buffel grass issue needs to he addressed locally to which Ms. Christelman indicated that eradication teams have been working on this since March. Mr. Davidson recognized Jennifer Christelman for her efforts and thanked her for her time and effort on the project. GENERAL ORDER OF BUSINESS F. COUNCIL ACTION 1. Resolution No. 2008-116: Relating to Water; approving and authorizing the Mayor to execute a Second Tolling Agreement between the Town of Marana, Cortaro-Marana Irrigation District and Cortaro Water Users Association; and declaring an emergency (Frank Cassidy) Mr. Cassidy presented this item as an extension of the original tolling agreement which expires September 15. CMID negotiations were expected to be finished by the middle of September but are not, and this extends the period of time to the middle of November. Action: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed 7-0. 2. Transition Plan Update Presentation and Appointment of Council Subcommittee for Strategic Planning Process (Deb Thalasitis) Mayor Honea indicated that he and Council Members Comerford and Clana an will be the Council Subcommittee for the Strategic Planning Process. Regular Council Meeting - October ~1, 2008 -Page 136 of 271 SOWN pE ~}"b • 9 M1IARANA ~ gRiZv~p SPECIAL COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. Deb Thalasitis presented an update to Council on the Think Tank process to develop a strategic plan based on input from a variety of staff and how to pay for and plan for the projects in the budget. The plan is not completely written and the plan is not completely done yet. There were 18 participants in the project who were tasked with getting input from their staff on major projects and current concerns. The PowerPoint presentation is attached for the record. Ms. Thalasitis talked about the 10 questions across five dimensions that were presented to the team and started with the motivation of town employees. She noted it came across from the results that people who are working here are committed to making a difference. Employees feel that they are respected and being listened to. Innovation and professionalism and the ability to advance were among the top motivators. Improved communication was also on the minds of the employees responding. Ethics and a strong work ethic and awell-trained staff and streamlined processes and going `green' were also noted as priorities. Under major projects and activities there were over 125 identified. The highest priority was the water and wastewater efforts and water acquisition as well as nine major transportation issues. Parks also featured high as a priority. Staff also identified development projects -malls, interchanges and residential development. Ms. Thalasitis continued with regard to regional planning and partnerships. Significant work is being done in technology. She spoke briefly .about current and future needs, funding and identifying revenue sources, all of which will be incorporated in a working document. The working document will be compressed into about a 10-page comprehensive document for the Council's strategic planning session in October or November. She noted that Council will be asked to approve the Mayor's strategic planning subcommittee. Addressing the fundamental issues of fiscal sustainability and fmancing strategies, new facilities, unfunded mandates,transportation and multi-modal planning and annexation policies wilh be critical to any process dealing with strategic planning. Mr. Gilbertson noted that the Mayor had to identify a working group for the subcommittee even though all Council Members are interested, and asked that all Council Members participate in this process. Council Member Ziegler expressed concern about the number of projects and how to prioritize them. She is concerned about getting into too many projects which spreads our resources so thin that we don't do any of the projects well. Vice Mayor Kai added that one of the major projects the subcommittee should • look at is the branding issue. G. BOARDS, COMMITTEES AND COMMISSIONS Regular Council Meeting -October 21, 2008 -Page 137 of 271 SAWN Or ~'f+.~~~ a M4RANA ~ gR12uNP SPECIAL COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. H. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Legislative Issues: Discussion/Direction/Action regarding all pending legislation (Stephen Romero) I. EXECUTIVE SESSIONS • 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. CV2008-001131. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Fima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues,,ksettlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. 3. Executive Session pursuant to A.R.S. §38-431.03 (~)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the T«-in Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-008B, -017B, -018B & -019A; 221-04-OOSB, 226-36-OOSB & -005C; and 226-08-0190; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation. proceedings relating to the same property rights. J. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) K. ADJOURNMENT • Action: Adjourn, Moved by Council Member Jon Post, Seconded by Council Member Carol McGorray. Passed 7-0. Regular Council Meeting -October 21, 2008 -Page 138 of 271 tpWN OF x ,~ 4n. 9 MARANa ~ gRl[vhP • • SPECIAL COUNCIL MEETING NOTICE AND AGENDA MINUTES Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 September 9, 2008, at or after 6:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 9, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 21, 2008 -Page 139 of 271 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 16, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL • Present: Mayor Ed Honea, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler Vice Mayor Herb Kai joined the meeting at 8:20 pm. Staff Present: To~~~n 1\~Iana~er Gilbert Davidson, Assistant Town Manager Deb Thalasitis, Town Attorney Frank Cassidy, Town Clerk Jocelyn Bronson PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance. Reverend Dave Hedgepath, Community Christian Church, gave the invocation. APPROVAL OF AGENDA Motion: Approve ,1!-loved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed. 7-0. Council Members voting Aye: Clanagan., Comerford, Honea, McGorray, Post, Ziegler Excused: Kai CALL TO THE PUBLIC Ric Boyer, Candidate for State Representative, addressed Council regarding constituents and voting. He encouraged Marana. and its constituents to vote for well qualified candidates. Regular Council Meeting -October 21, 2008 -Page 140 of 271 • PRESENTATIONS P 1: Presentation: Quarterly Financial Report /Preliminary results for fiscal year 2007-08. Erik Montague gave a brief overview on the general fund revenues for the fiscal year 2007- 2008. He spoke regarding the Transaction Privilege Taxes (TPT), State Shared Revenue, and Development Related Revenues. Mr. Montague recommended that an in depth study session be held at a later date. The presentation given by Mr. Montague is on file with the Town Clerk's Office. Mayor Honea asked if the State's billing was included in this presentation. Mr. Montague indicated that this is included in the 2008-2009 projections. Council Member Ziegler expressed her concern with paying the state shared revenue of $90k and asked that the bill not be paid until Council has approved to do so. Mr. Montague assured Council that prior to a bill of this sort being paid, it would come before Council for approval. P 2: Presentation: Relating to an Update on the Silverbell Road and District Park Projects. Barbara Johnson gave an overview on the milestones accomplished as well as the project status updates with the Silverbell Road Interceptor Project. She stated that overall the .project is 45% complete and that Phase 1 is G6°1° complete. Ms. Johnson. explained the Ina Road detour and stated that the project is currently on schedule and that the road is anticipated to be open for thru traffic at the beginning of November. She also explained how exploratory archaeology work is on-going in the park area adjacent to Silverbell Road and how the park construction has received DEQ approval. Sue Benaron stated that there will be a tour of the site on the 23rd. Tom Ellis gave an overview on the status of the District Park. Mr. Ellis stated that he believes the project will go to bid in November and that the park will be opened in the summer of 2009. $200K will be requested in Operations and Maintenance funding in order to keep the park open 7 days a week. Presentation is on file with the Town Clerk's office. ANNOUNCEMENTS/LTPD ATES Mayor Honea announced that Ora Mae Harn is currently at University Medical Center. He also welcomed the C.R.E.W. participants. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan stated that on September 21st is the El Tour Kick-Off that will be held at Ora Mae Harn Park beginning at 6:30 am. Mayor Honea visited White Stallion Ranch. He also stated that he met with several youth leaders in the Marana area. • Regular Council Meeting -October 21, 2008 -Page 141 of 271 • MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that T. VanHook will be the Town's representative for the annual capital improvement program. process. Ms. VanHook's job will be to coordinate amongst all of the various departments in indentifying the capital needs for the organization and the entire community. STAFF REPORTS Chamber Quarterly Report Ed Stolmaker of the Marana Chamber of Commerce gave an Query iew of the Chamber's quarterly report. Report is on file with the Town Clerk's office. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion: Approve, Moved by Council Member Jon Post, Seconded by Connell Member Russell Clanagan. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler Council Members Absent: Kai. C l: Resolution No. 2008-117: Relating to Public Services: approving and authorizing an amendment to the intergovernmental agreeanent between the Regional Transportation Authority and the Town of Marana to add construction of wildlife crossings to the Camino de Manana Linda Vista Boulevard to Tangerine Road. Roadway and Drainage Improvements. C 2: Relatinz; to Development Tmpact Fees: The film o~ f the annual development impact fee report to account for the collection and use of development fees as required b~§ 9-463.05. C 3: Resolution No. 2008-118: Re~latin~ to Development; approving and authorizing a final plat for Qwest -Marana Facility, Lots 1 and 2. C 4: Resolution No. 2008-119: Relating to administration; authorizingthe Parks and Recreation Director, under the ,general and specific direction of the Town Manager or desi;~nee, to execute agreements on behalf of the Town re:?arding the use of Town of Marana parks and associated facilities. COUNCIL ACTION A 1: Ordinance No. 2008.21: Relating to Utilities; Ado~tin~ wastewater rates, rate components, fees, and service charges, and establishing an effective date. • Regular Council Meeting -October 21, 2008 -Page 142 of 271 • Barbara Johnson introduced Dan Jackson. of economists.com, who gave a presentation on the Town's Wastewater Rate Study and Long Term Financial Plan. Mr. Jackson stated that the forecast cost of service .and rates have changed slightly in the last year. He stated the Town will still be able to provide wastewater services at a rate equal to that of the County. The economists.com presentation is on file in the Town Clerk's office. Mr. Jackson stated that a primary difference between the County's rate schedule and the proposed Town rate schedule is that the Town will establish a rate schedule for residential and non-residential categories only. Mr. Jackson then gave the proposed rate plan for the Town and stated that the proposed wastewater rates are forecast to remain below the state average. Carol McGorray asked whether an existing customer with Pima County would be required to pay a deposit to transfer into Marana. Dorothy O'Brien stated that the only time a resident would have to pay a deposit is if they are acquiring a new service. She also stated that if a resident does not own their own home, they would also have to provide a security deposit, unless 3 letters of credit reference are provided. Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Cou~icil Member Carol McGorray. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, McGorray, Post, Ziegler Council Members Absent: Kai A 2: Ordinance No. 2008.22: Relating to Development; approving and authorizing a modification to the rezoning conditions of Ordinance 2007.09 • (Villag_es of Tortolita Specific Plan Vice Mayor Kai joined the dais at 8:20 pm Kevin Kish stated that on April 3. 2007, Council approved Ordinance No. 2007.09 which rezoned the Villages of Tortolita. The proposed Ordinance is a request to modify the language of condition number ? in Ordinance No. 2007.09. Motion: Approve, Moved by Council Member JonPost, Seconded by Council Member Patti Comerford. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler A 3: Resolution No. 2008-120: Relating to Utilities; approvins and authorizin the Mayor to execute a Partial Assignment of Rights and Assumption of Obligations of Central Arizona Project MuniciRal and Industrial Water Service Subcontract and an Agreement amon~the United States, the Central Arizona Water Conservation District, and the Town of Marana; and declaring an emer~Y- Frank Cassidy stated that these are the agreements that carry forward the Town's purchase of Central Arizona Project water allocation from Flowing Wells Irrigation District and that these agreements are one of the final steps in getting that allocation. Motion: Approve, Moved by Council Member Carol McGorray, Seconded by Council Member Russell Clanagan. Passed. 7-0. • Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler Regular Council Meeting -October 21, 2008 -Page 143 of 271 • A 4: Resolution No. 2008-121: Relating to Police Department; providinl the appointment of Terry Tometich as Chief of Police; and declaring an emergency Gilbert Davidson recommended to Council that Terry Tometich be appointed as Chief of Police. He stated that Mr. Tometich has demonstrated excellent capabilities during his short tenure as Interim Chief of Police. Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler A 5: Resolution No. 2008-122: Relating to Economic Development; Approving and authorizing the Mayor to execute a financial pa1-ticipation agreement between Tucson Regional Economic Opportunities, Inc.. and the Town of Marana to support regional economic development activities Gilbert Davidson introduced David Welsh, Sr. Vice President of TREO, who gave a presentation on the TREO update to Council. Mr. Welsh stated that TREO is focusing their strategy on four industries: Aerospace & Defense, Solar, Biotechnology, and°`Transportation & Logistics. He discussed the 2007-2008 accomplishments regarding infrastructure/capacity development. Mr. Welsh then gave an update on the 2008-2009 TREO priorities and budget. Presentation is on file with the Town Clerk's office. . Gilbert Davidson reminded Council to look at the item cover sheet regarding the two changes suggested by the Business and Economic Development Citizen Advisory Commission. Mayor Honea expressed concern on lack of communication from TREO regarding updates anal status on projects more often. Mr. Welsh stated that one of the seats on TREO's board, the PAG seat, is intended to be rotated between the regions. Mayor Honea statedthat Marana writes the $SOk check. not PAG. Mr. Welsh said that this is currently something that is beuig worked on. Cowicil Member McGorray asked if there is a possibility that Sahuarita, Marana, and Oro Valley would have an opportunity to serve as a standing member of the TREO board.. Mr. Welsh stated that this option would be .brought up for the board's consideration. Council Member Ziegler spoke regarding what the Town has paid to TREO since 2005 and that TREO's map does not indicate any new business development in the Marana area. She stated that she would not vote for this proposed agreement with TREO. Council Member Comerford stated that if Mr. Welsh's position is to be a liaison between TREO and the regional governments, then it would have been nice to see him before 9 months had passed. She stated that TREO reminds her of GTEC, a previous company that the Town had worked with. • Council Member Clanagan asked what. accomplishments TREO has and how those accomplishments have benefited the Town of Marana. He stated that he feels that Marana is Regular Council Meeting -October 21, 2008 -Page 144 of 271 • not a priority to TREO and that he does not support any more funds going to TREO in its present format in the existing relationship. Gilbert Davidson stated that Council has met regarding this issue in the past and suggested three options for Council to consider: 1) to go back and work with TREO to address the concerns raised tonight and have TREO come back to Council with an action plan on those concerns, 2) a reduced funding agreement with TREO, and 3) to decline the contract. Council Member Ziegler made a motion to deny Resolution 2008-] 22 for one year. Council Member Clanagan seconded. Mayor Honea stated that he opposed Council Member Ziegler and Clanagan's motion to deny this agreement and believes that the Town walking away from TREO would be a great error for the Town. Council Member Ziegler stated that her recommendation is to not approve this agreement with TREO this year, and to re-group next year if the relationship improves. Council Member McGorray made a substitute motion to have TREO address the specific issues addressed to him tonight and come back to Marana with a more formalized plan of action and at that time Marana wou}d consider the option to move forward with TREO. Seconded by Mayor Honea. Motion failed 2-5. • Council Members voting Aye: Honea, McGorray Council Members voting Nay: Clanagan, Comerford, Kai, Post, Ziegler Original Motion made by Council Member Ziegler was then voted on and passed 5-2. Council Members voting Aye: Clanagan, Comerford, Kai, Post, Ziegler Council Members voting Nay: Honea, McGorray A 6: Resolution No. ?008-123: Relating to Real Estate; Vacating a portion of the public right-of-wav ofi Camino de Mariana that crosses the Union Pacific Railroad property and declaring an emergency Frank Cassidy presented this item to Council stating that this item would address the property at the Camino de Mariana right-of--way that is between the frontage road and the TEP property. He stated that it just crosses the Union Pacific property. This item would authorize the Town Engineer to execute the documents that transfer title once that piece of property is no longer needed for traffic. Motion.: Approve, Moved by Council Member Herb Kai, Seconded by Council Member Russell Clanagan. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Post, Ziegler BOARDS, COMMISSIONS AND COMMITTEES B 1: Council Citizen Advisory Commission Assigmnents. • Regular Council Meeting -October 21, 2008 -Page 145 of 271 • Gilbert Davidson gave an overview of how Council Members would be assigned to the various Citizen Advisory Commissions. Affordable Housing Commission =Vice Mayor Herb Kai Business & Economic Development Commission =Councilmember Carol McGorray Parks & Recreation Commission =Councilmember Patti Comerford Planning & Zoning Commission = Councilmember Jon Post Police Commission =Councilmember Russell Clanagan Utilities Commission =Councilmember Roxanne Ziegler Mr. Davidson stated that each council member's role on these commissions will be as an ex-officio and non-voting liaison representing the Town. Council. Council members are encouraged to attend the meetings of their assigned commissions and provide assistance and advice as requested by the commission chairperson. ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS Motion to go into executive session at 9:24 pm Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol McGorray. Passed. 7-0. Jon Post left the dais at 9:25 pm • Council returned to the dais at 10:24 pm E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relatin~T to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the Town's attorneys regarding a holdover tenancy in a Marana housing program unit. Motion to proceed as discussed in executive session: Moved by Council Member Patti Comerford, Seconded by Council Member Herb Kai. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler Council Members Absent: Post • E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for Regular Council Meeting -October 21, 2008 -Page 146 of 271 • discussion or consultation with the Town's attorneys to consider the Town's position and receive legal advice concerning public roadways affecting and in the vicinity of the Saguaro Ranch development, including Thornydale Road right-of--way north of the roundabout near the Saguaro Ranch entry and the "public easement" that is the subject of the pending litigation entitled Theresa Chamberlain vs. Saguaro Ranch Development Corporation, Pima County Superior Court No. 020083779 Motion to proceed as discussed in executive session: Moved by Council Member Patti Comerford, Seconded by Council Member Herb Kai. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, McGorray, Ziegler Council Members Absent: Post FUTURE AGENDA ITEMS Council Member Patti Comerford asked to hay e the item regarding CMID, which had been discussed at a previous meeting, brought back to Council for an update. Council Member Russell Clanagan concurred. Mayor Honea stated that something would be brought back. ADJOURNMENT Motion to adjourn:. Moved by Council Member Russell Clanagan. Seconded by Council • Member Patti Comerford, Passed 6-0. The meeting was adjourned at 10:26 pm. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 16. 2008. 1 further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 21, 2008 -Page 147 of 271 i 4 ./ r~ a ~~~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 7, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING • CALL TO ORDER AND ROLL CALL Present: Mayor Ed Honea, Vice Mayor Herb Kai, Council Member Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler Staff Present: Town Manager Gilbert Davidson, Assistant Town Manager Deb Thalasitis, Town Attorney Frank Cassidy.. Town Clerk Jocelyn Bronson PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge of allegiance and moment of silence. APPROVAL OF AGENDA Motion: Approve, Moved by Council Member Patti Comerford, Seconded by Council Member Carol Mcgorray. Passed. 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, Mcgorray, Post, Ziegler CALL TO THE PUBLIC David Morales addressed Council regarding the current market .and asked them to make corrective actions during these uncertain times. Council Member Ziegler assured Mr. .Morales that this Council has challenged department heads to make cuts where necessary. PRESENTATIONS • P 1: Presentation: Relating. to Air Quality. Regular Council Meeting -October 21, 2008 -Page 148 of 271 • Don Gabrielson, Director of Pinal County's Air Quality Program made a presentation on air quality irrPinal County. He stated that there is an air quality summit scheduled for November 7, 2008.. Mr. Gabrielson invited Town Council to attend the Air Quality Summit scheduled for November. Pinal County's PowerPoint presentation is on file in the Town Clerk's office. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Presentation: Relating to Parks & Recreation Department, Senior Program dedicating Monday, October 20, 2008 "Marana Senior Center Day." Jocelyn Bronson read the proclamation and Mayor Honea presented it to the Marilyn Payton of the Marana Senior Center. Ms. Payton expressed her gratitude for senior citizens and invited Town Council to attend Senior Center Day. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford commended Ms. Payton for her great work at the Senior Center. She also stated that Marana High School is bringing back the FFA barbeque this Friday before the homecoming football game. She stated that tickets are only $7 and the proceeds benefit the FFA. of the Marana High School. • Mayor Honea stated that several attended the international State of the. State, the Governor's Conference, Sahuarita's State of the Town Address, and the TREO event. He further stated that he, Gilbert Davidson.. and Kevin Kish went to Denver earlier in the week to look at downtown revitalization efforts made by downtown Denver. Mayor Honea stated that trip was a great help in Marana's future downtown planning efforts. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson stated that the Town has an online Citizen Request Tracker (CRT). system that citizens can use to submit their concerns or suggestions to Town staff. He stated that the strategic plan process on tonight's agenda is also an important item for the Town so that the community can define the areas that it needs to improve on. He invited members of the community in HOA's to im- ite management and Council to their meetings to listen to concerns and ideas. Jon Post left the dais at 7:31 pm STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA • Motion: Approve, Moved by Council Member Russell Clanagan, Seconded by Council Member Carol Mcgorray. Passed. 6-0. Regular Council Meeting -October 21, 2008 -Page 149 of 271 • Council Members voting Aye: Clanagan, Comerford, Honea, Kai, Mcgorray, Ziegler. Council Members Absent: Post. C 1: Relating to Parks and Recreation Advisory Commission; implementation of a Healthy Vending Machine Policy. C 2: Resolution No. 2008-124: Relating to Development; approving and authorizing a final plat for Tangerine Crossing Block 3 Lots 1-36 and Common Areas "A", "B", & "C-1" thru "C-7"_ C 3: Resolution No. 2008-125: Relating to Community Development.:,, approving and authorizing full execution of an intergovernmental agreement with Pima County for the management and implementation of the 2.00$-2009 Community Development Block Grant program. C 4: Resolution No. 2008-126: Relating to Development; Approving a Release of Assurances for Rancho Marana 154 Block 1 and acceptance of public improvements for maintenance. C 5: Minutes of the June 17, July 1, July 15, and August 5. 200$ regular council meetings and the July 23, August 5, August 12, and .August 26, 2008 special council meetings. COUNCIL ACTION A 1: Relating to Utilities; Public hearing on proposed adoption of wastewater development impact fees Vice Mayor Herb Kai declared a conflict of interest and left the dais. Barbara Johnson introduced Dan Jackson of econgmists.com who gave an overview of the wastewater utility impact fee study. Mr. Jackson showed a PowerPoint presentation which gave, the major points of the impact fees. The presentation is on file in the Town Clerk's office. Council Member Clanagan asked which type of facility would use a 1"meter. Mr. Jackson stated that it would typically be a commercial business such as a restaurant or a larger warehouse type business, and that residential units would not typically see a 1"meter size. Council Member Ziegler asked if fees could be re-reviewed at a later date. Mr. Jackson stated that most cities and towns will re-visit fees every few years. David Godlewski, SAHBA liaison, 255 E. Morning Sun Court, addressed Council and thanked staff for their work on this issue. He expressed concern regarding a new code change that will apply to all homes which. will require 1" sprinkler systems. He asked staff to work with SAHBA to address this issue. Brad DeSpain stated that an ordinance exists for 1" sprinklers and that the information would • be given to SAHBA. Regular Council Meeting -October 21, 2008 -Page 150 of 271 Don Willhoit, 5515 W. Beetle Drive, turned in a speaker card but rescinded his card when called to speak. Motion: to bring item back on November 18 agenda, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Other. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Mcgorray, Post, Ziegler. Council Members voting Abstaiin: Kai. A 2: Relating to Annexation; Public hearing to discuss and consider an application by QuikTrip Corporation to annex approximately two acres located on the south side of Cortaro Farms and east of Cerius Stravenue into the Town of Marana. Kevin Kish addressed Council regarding the application for QuikTrip annexation. He stated that the applicant attended meetings with the neighboring areas and that a blank petition was filed with the Pima County Recorder on September 16, ?008. Council Member McGorray asked if the applicant received any response from neighbors during the October meeting. Mr. Kish stated that there was a staff member at that meeting and that the responses were positive and that the applicant could expand on this matter. • Jon Post returned to the dais at 7:53 pm. Mayor Honea asked if there t~-as any verification that all the contiguous neighbors were notified about the meeting. Mr. Kish stated that the applica~,lts provided staff with a list of properties and notices were delivered to the property owners or those properties based on the Assessor's information. Mr. Kish further stated that this is similar to the Town's standard notification process. John Caldwell, 535 W. Cortaro Fartns Road, the lot opposite of the proposed location of QuikTrip, addressed Council and stated that he was present at the meeting with the applicant and that he is in favor of the proposed annexation. Mr. Caldwell also asked for Council to give consideration to allow those lots on the frontage that are affected by the noise to be annexed into the To«~ of Marana. Bret Summers, 5448 W. Red Racer Drive, spoke in favor of the QuikTrip annexation. He stated that he drives that road every day-and that annexation of this property will allow the Town to collect more revenue-based sales tax. He also stated that his knowledge of QuikTrip corporate values is that they do give back to the community the are located in. Fred and Sharon Glandon, 5451 W. Cortaro Farms Road, turned in speaker card in favor of the annexation, but did not speak at the meeting. • Mike Marx of MJM Consulting, representing QuikTrip, addressed Council and stated that Regular Council Meeting -October 21, 2008 -Page 151 of 271 . they received no opposition to the proposed annexation during their meetings with neighboring community members. Jim Billman 10698 N. Sand Canyon, Oro Valley, stated that he is confident that owners have been notified as he just received forwarding address information from one of the lots in the area. He stated that he will also be sending certified mail to notify the homeowners of the area. NO ACTION WAS TAKEN ON THIS ITEM A 3: Resolution No. 2008-127: Relating to Mayor and Council; authorizing the Town Manager to negotiate and execute a professional services agreement not to exceed $25,000 with for consulting services for the Town of Marana strategic planning process. Motion made to authorize the Town Manager to negotiate and execute a professional services agreement with Partners for Strategic Action (PSA). Motion: Approve ,Moved by Council Member Russell Clanagan, Seconded b~~ Council Member Roxanne Ziegler. Passed. 7-0. Council Members voting"Aye: Clanagan, Comerford, Honea, Kai, Mcgorray, Post, Ziegler. BOARDS, COMMISSIONS AND COMMITTEES • ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-OOi 131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Marana & Dove Mountain Extension project, CIP number 2001-052, from the parcels of property generally identified as Pima County Assessor's parcel numbers 216-03-OOSM and005N; and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights, and relating to acquisition issues arising out of the rezoning of property along the roadway • corridor addressed by Marana Ordinance Nos. 2002.18 and 2002.25. Regular Council Meeting -October 21, 2008 -Page 152 of 271 Motion: to go into executive session ,Moved by Council Member Herb Kai, Seconded by Council Member Patti. Comerford. Passed: 7-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, Mcgorray, Post, Ziegler. Jon Post left the dais at 8:08 PM Motion: to proceed as discussed in executive session, a settlement of $143,800 plus closing costs for the acquisition of parcel numbers 216-03-OOSM and OOSN, Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford. Passed. 6-0. Council Members voting Aye: Clanagan, Comerford, Honea, Kai, Mcgorray, Ziegler. Council Members Absent: Post. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) Request to direct staff to look into the planning of the strategic planning weekend scheduled for November 14 and secure a location not to exceed $12,000. Council Member Ziegler made a comment that the retreat should not be off-site due to the large cost involved. Council Member Comerford stated that the subcommittee going over this matter has researched this greatl~~. Russell Clanagan stated that October 14, 2008 agenda item regarding the Planning and Zoning Commission is missing the applicant information and that there is no executive session for this item listed. Ms. $ronson stated that the application information for the applicants will be provided under separate cover and that the agenda would be amended to add an executive session item. ADJOURNMENT Motion: to adjourn ,Moved by Council Member Russell Clanagan, Seconded by Council Member Patti Comerford.. Passed. 6-0. Council Members voting Ayer Clanagan, Comerford, Honea, Kai, Mcgorray, Ziegler. Council Members .Absent: Post. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 7, 2008. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -October 21, 2008 -Page 153 of 271 • ~~ ~~ rwr of utuu 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 1 From:. Lisa Shafer ,Assistant Planning Director Subject: Resolution No. 2008-138: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit fora 24-hour fitness studio in a commercial development at 8235 N. Silverbell Road Discussion: Conditional Use Permit Request Anytime Fitness requests approval of a conditional use permit for the operation of a 24-hour fitness studio within Continental Ranch Shopping Center, a commercial development at 8235 N. Silverbell Road, northwest corner of Silverbell and Wade Roads. Silverbell Road Commerical Overlay District The fitness studio is within a commercial development located in the Silverbell Road Commercial Overlay District (SRCOD). The overlay district allows business operations from 5:00 A.M. to 11:00 P.M. Establishments that operate 24 hours a day may be permitted within the SRCOD with approval of a conditional use permit per Section 24.O1.S.3.o of the Land Development Code. History A conditional use permit for 24 hour operation was applied for in April of 2006 (CUP-06042). There was a public hearing at the Planning Commission meeting of May 31, 2006 and the Commission voted 5-0 (two members were absent) to deny the conditional use permit. The applicant withdrew the application on June l 6, 2006 prior to the case-being heard at a public hearing before the Town Council.. Anytime Fitness obtained a certificate of occupancy for their suite within the Continental Ranch Shopping Center on October 6, 2006 and has been operating within the hours allowed within the SRCOD. On September 5, 2008, Anytime Fitness applied once more for a conditional use permit for 24 hour operation. This case was presented at a public hearing at the Planning Commission meeting of September 24, 2008. The Planning Commission is forwarding this proposed conditional use permit to the Town Council with a vote of 5-0 (Chairman Wostenberg declared a conflict of interest and there is one vacancy on the Planning Commission) recommending approval of the conditional use permit. Proposed Operation The fitness studio is approximately 4,200 square feet.. The studio provides a variety of fitness equipment for independent use by members. Much of the equipment is self contained to prevent possible injury that might occur with free weights. Staff is at the studio on Monday, Wednesday and Thursday from l P.M. to 7:30 P.M.; Tuesday from 9 A.M. to 4 P.M. and Saturday from l0 A.M. to 2 P.M. Members are given an orientation when they join showing location of safety Regular Council Meeting -October 21, 2008 -Page 154 of 271 . features and first-aid area. To ensure a safe environment for members, security cameras have been located throughout the facility and one faces the parking lot. The studio is accessed by using a key card. Two emergency call buttons to the police are located within the studio. and one in each shower room. These call buttons are tested monthly. Lanyards with. call buttons to the police are available for members use inside the studio. These lanyards may be taken home by members after hours anal returned the following day. There is also a phone number available for customers to call for facility emergencies. The number is to a staff member who can get to the studio within five minutes. As a condition of the conditional use permit, staff is requiring a security plan that will be reviewed and accepted by the Planning Director and Marano Police Department. Per the currently adopted Town of Marano Outdoor Lighting Code, parking lot lighting within the commercial development is shielded and can remain on throughout the night. Illumination for advertising signs. shall be reduced by 50% at 1 l P.M. A majority of the development's parking lot is enclosed by a wall which measures 3' to 3'6" high along Silverbell Road and 5'4" to 6'9" high along Wade Road. Neighborhood Impact The commercial development is within th Continental Ranch Specific Plan and has a land use designation of "C" (Commercial). To the rear of the development is Northwest Fire Station #34 with a land use designation of "C" (Commercial). To the northwest, across from Continental Ranch Drainage Way No. 6, is a commercial development currently,under construction called Heinfeld Silverbell & Wade with a land use designation of "C" (Commercial). To the east, across Silverbell Road, and to the south, across Wade Road, are residential developments with land use designations of "MDR" (Medium Density Residential). Public Notification The application for this public hearing was properly advertised and all parcel owners within 300 • feet of the subject property were sent letters informing them of the proposed use. Staff has not received any phone calls in support or protest for the proposed conditional use. One letter of support was received prior to the Planning Commission meeting of September 24, 2008. A copy of this letter is included in this packet. ATTACHMENTS: 'Name: Description: Type: ^ Resolution 2008-1_3.8 Anytime_Fitness_CUP.doc Resolution -Anytime Fitness CUP Resolution ^ Application -Anytime Fitness.~df Application Backup Materia! ^ CUP-08071_.pdf Location Map Backup Material ^ Anytime Fitness Site. Planpdf Site Plan Backup Material ^ Citizen Comment§_- Citizen Comments Backup Material AnXtme_Fitness:pdf Staff Recommendation: Staff recommends approval of the Conditional Use Permit with the following condition: l . The applicant shall submit a security plan to be reviewed and accepted by the Planning Director and Marano Police prior to 24-hour operation. Suggested Motion: I move to approve Resoltttion No. 2008-138, a conditional use permit for Anytime Fitness, to • allow for the operation of a 24-hour fitness studio subject to the condition recommended by staff. Regular Council Meeting -October 21, 2008 -Page 155 of 271 • MARANA RESOLUTION N0.2008-138 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT FORA 24-HOUR FITNESS STUDIO IN A COMMERCIAL DEVELOPMENT AT 8235 N. SILVERBELL ROAD WHEREAS, Anytime Fitness has applied to the Town of Marana for approval to operate 24-hours in a commercial development at 8235 N. Silverbell Road, northwest corner of Silverbell and Wade Roads; and WHEREAS, the existing zoning of the property is "F" (Specifrc Plan -Continental Ranch), and a land use designation of "C" (Commercial), which. lies within the Silverbell Road Corridor Overlay District (SRCOD); and WHEREAS, establishments that operate 24 hours a day are a conditional use within the SRCOD per Section 24.O1.S.3.o of the Land Development Code; and • WHEREAS, the Marana Planning Commission considered the request to approve the conditional use permit on September 24, 2008, and voted 5-0 to recommend that the Mayor and Council .approve the conditional use permit; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held October 21, 2008, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the request filed by Anytime Fitness for a conditional use permit to allow for continuous 24-hour operation in a commercial development located at 8235 N. Silverbell Road is hereby approved with the following condition: 1. The applicant shall submit a security plan to be reviewed and accepted by the Planning Director and Marana Police. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 156 of 271 • t i I ,. »- ~'LAI~TI~'I\(: &. 7C}NINC Ai'PL1Ct~TIC1N 1. TYPF, OR r1PI'LICATIC)11; tC:heckt)nr) "rciirr~inar7 i'tttt %eFaerttl Pla~F A:nrFUirnent i'ariani<; Finaf !''~~at SPecifii; flan w.tendmettt '~ Conditiond L1eef'erit 7c~~cit,ftmcat Flan fZcz<~nc'Spccitic }'t,tn ~ i~ :~nnexatirm i.andticahc Platt . Si:;nificanl l;attdUss:Cttattge ! +'>.~.at~rl.:rncl3?[>-ifi~i~ ?~aii~•c I'lar~t Permit ~.11'PI' 1~~atcrt'lan Lnpri3vcnunlPdan{speCifyi)rpeitith~Lriptiont3fPr~:fbct~*} (hhcr ___..,......~..~......,..s .... ... ....._.-..~ _-_._.,.w.. ~-..-_- 2 ~TNCR:IL D ~ I':t REQL~IRID , .lssessor'~ ('arccl titttstber(s} C,e.nw-al i'la)t ~ -_ ( . L~..~' 1~..t {To be confirmed by staff) ~~~pt- Unn3n (n~:,s .-1r~., ('~crc;S ~. 1~ )~-~-~ ~ (utrent 7onin~ ' ` f i tt be cnnfirttted by ! _ _ ' ' ;~ ,~~' G:G#'f ~ staf t) C3r~r'1rr~fsr''w t fJ ~ .hrf,nun I FCtleci'~arne ___ W ~ Propns~.d Z.ctnin~ PrOiL 1 LC C.tillptl ~< . ~ ...._. _~.~:. _ ('~ p ~('~{~..~ [[ ({ '~^}y~-1} . 3 ~ . ~ i.~ ~ ~P~" . ~~ ..ct-_~rL,._ I~~tt"~S. t l1.' f) 5~31(ll lt)F7 C):~ r?I-C1~£Ct ~ jj - j ~ ~p .1 1 ~- _~„~^f ~~.~ t j,/Yf ~.+. C ~ ! ~ t"~T~t ~____~~_ c t~ _ _ _ ~~-..~~. _ _.T_______ S is lip C'~1c Phony i~untber ;~tsxl~7tunber ~-(.Tail .lddrti~ss T~ i'<tntaci Persurt L' I'hone~untberr'E-nt-' APPiieatti {~ (' ~trset A~ldres ~ ~~ I" ~~ ~ ~ ' f " ctty S ~ ~ tc Zi C'odC; }'honcNuFnhcr ~ C':t~~?~rumber F-~Ntail ress _ ,__ .. ~~ Cou#acf Pe . zi ._ ~: 1 ~ tre'~°t mhcr.'1'-nt2Fl { $W::~ r !' !L''~~ ~-~ I :1 pert t;'It e-r:~ senlatve t a 3 ~ircct Address - ____ City State ?;ap Code Phone Nutrtber ',ax t~;ttmber E-Mai3 Address: C'rntiact f'rrsntt To,vn of lvlar~tza i...._ __:.t~:.. BusitTess License No, _ .. ~° _ ~" ~~- ~ -. ~ ~ j _ 3 ~ A[,T'THQRILAT[OI\ OH PRUPFRTY OWNER tithe un3i~i sieved, ecrtify that a(i of the facts set Fora} }r:s EpplifiafitJit are true tQthc bestof nay l:nr~,vl~ i~c did ttt~ 1 am ~it~er the i,~~~F~er of thePr~o{yert~ or that I ha~uebcen a.f!ht~ri red itt w rr, ~}+ t1,e~w~tter to file this aPplicitti%izt :md chcchiist. (litwtu+tinerct~record,flttach4vrittezianthots~cat nfr the wtter} ---p-p-- Print ~ 1mc i>f Ap~l)atnt~ 1 ~cni ~)•,nat~rr4 pate. ~ i I ~ .•,f "~^ ~E -~ ,- f ;;<.-tom l'., r'~ii~. i G°-~~Q. t' ~: ~ ~ ( (J , Regular Council Meeting -October 21, 2008 -Page 157 of 271 ~G •' ~i C7 >'~:, ;~ F~: ~ Anytime Fitness r_ p ~ L.~ ~ Conditional .Use Permit :~ .=:~ _ ® ~' '6. V, 7 -g~ , ~` ~ "~ ~' ~`` ~ ~ CASE CUP-08071 ~F i N ~ ~~N T: ^ i PJ~ ' . , ti ~ , ~ . .~ " ~ ? J ~~`~ (~~~ s ~o R~~ v~ '2 ~~ ~~~ ~ s. 2 . ~ ~ ~y z ~ ~ ~~~ s ~ ~`, ~~ ~ ~~ ~ ~~~ Northwest McJical Cente 2 ~ ~~~ ~~ %c , C ~ L~~ GL ~ ~~ f`~ ~.~ . 'r ~ p ~6 s T L~ ~ `, %~ ~ • ~ . a ,per NW Fire Stati~~ 4 P~ ~;; Subject Property '. ~ , Q~ '`til _ tiA ~~ ~° ~ ` olio ~ O~" ~l- , a~ sp z .tisl ~ ~ ~ : ~~ o ;~o ~~~~ ~~~~ 0 s~, \~~ ~, ~~~" ~~ Reque$t 0 225 450 ft. N A request for approval of a conditional use permit for operation of a 24-hour fitness studio in the Continental Ranch Shopping Center. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the us °r uti°a ~~oun Rf t ~' na' e r n r ~ti c -October 21 2008 - Pa a 158 of 271 r~ ~~ 91, L !', 1' 1. ~. ~; I 1 l 1 !. 1 I I I E i~ a f ~\~\ ~" App ~O~D ~s.a~` _ :._~--~ ~. ~ i ~ 5_00' ~ -- • .~ ~~-~~ Regular Council Meeting -October 21, 2008 -Page 159 of 271 • Steven Vasquez Page l of l Frem: ~aol.com Sent: Monday, September 22, 2008 2:03 PM Ta: Steven Vasquez Subject: Support for 24 hour athletic club Dear Steven, Thank you for returning my call. • I am writing to express my support for granting conditional use for the 24-hour gym on Silverbell. I am a resident of Continental Ranch and I believe that having access on a 24 hour basis to the facility makes it easier for residents, such as myself, who work odd hours or 2 jobs to be able to engage in wellness activities more readily. In addition, it should have a positive impact on reducing the number of cars in the parking lot and an Silverbell during the hours immediately before and after the maj arity of people with regular hours go to and get off of work (6 am to Sam, 5 pm to 7 pm} because many of these folks would be able to access the gym at later or earlier times to avoid the rush hour. Thank you. Jordan ~~ Regular Council Meeting -October 21, 2008 -Page 160 of 271 f r~~ ~~ ! ',: tome or uuu 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 2 From: Kevin Kish, AICP ,Planning Director Subject: Resolution No. 2008-139: PUBLIC HEARING: Relating to Development; approving and authorizing a conditional use permit for the. operation of a car wash within the Safeway Plaza, a commercial development at 9140 N. Silverbell Road Discussion: History and Request Kimley-Horn and Associates, Inc. on behalf of M.S. Homes, Inc. requests approval of a conditional use permit for the operation of a car wash on an existing vacant PAD within the • Safeway Plaza, a commercial development at 9140 N. Silverbell Road. This project is generally located on the southeast corner of Silverbell and Twin Peaks Roads. The Marana Planning Commission held a meeting on September 24, 2008, and voted unanimously to recommend that the Town Council approve the Conditional Use Permit subject to the condition provided in this report. Silverbell Road Corridor Overlay District This property is located within the Silverbell Road Corridor Overlay District (SRCOD). The Development within the District is regulated by Section 24 of the Land Development Code. The SRCOD is intended to provide for specific uses in a planned commercial setting which will be compatible and complimentary with adjacent uses,. including nearby residential neighborhoods, and which will promote a high level of architectural and landscaping excellence. A car wash is a conditional use within the Silverbell Road Comdor Overlay District per Section 24.O1.S.3 of the Land Development Code. Once the applicant has obtained a conditional use permit, they will. proceed with the development plan and SRCOD review approval process. Proposed Operation The project will consist of an approximately 2,720 square foot car wash structure on a 1.21 acre site designated as Pad #5 of the Safeway Plaza shopping center. The site is restricted by a 100- foot Western Area Power Authority (WAPA) overhead easement and a 15-foot Tucson Electric Power (TEP) overhead easement. The WAPA easement and transmission main cuts diagonally across the site, and places a large constraint on the possible site configuration including building and trash enclosure locations. This is a new generation express car wash featuring "stay in your car" service, with an automated car wash with four wash selections. The 90-foot tunnel offers eight cleaning stations operating in Regular Council Meeting -October 21, 2008 -Page 161 of 271 • less than a five minute interval. The car wash machinery is enclosed within the building, and generally will be out of site from Silverbell, the closest public street. The proposed entrance to the car wash site is off of an existing Parking Area Access Lane (P.A.A.L) within the Safeway Plaza parking lot. Upon entering, traffic is directed to the left and can either enter the vacuum parking lot or the one-way lane to the car wash tunnel. An emergency exit is provided just past the pay station, so that the on site employee may assist anyone needing to bypass the car wash after mistakenly entering the queue. The car wash will accommodate one vehicle at a time. Upon exiting the building structure, there is a vacuum area allowing customers to detail the interior of their vehicles. The free vacuum service is provided via a central vacuum system. The system's detachable hoses will be removed and stored within the building after operating hours. The nightly removal of the hoses will reduce the potential for vandalism, and the central vacuum system along with other mechanical equipment will be shut off at night, and secured by locked garage style doors at each end of the tunnel. The loudest noise produced by the car wash equipment comes from the dryer, which clocks in at 90 decibels at a distance of 10 feet if no noise reduction measures are in place. In this case, the dryers will be enclosed within the building structure, and they are planning on utilizing insulated block wall and extended canopies on the structure, both of which will reduce the noise. The nearest residential property to the car wash facility is over 200 feet away. The sound from traffic estimated on streets similar in nature to Silverbell produce between 65-80 decibels. One employee will be on site during business hours. Proposed hours of operation are from 7 a.m. to 9 p.m. The employee will perform routine maintenance checks to verify the car wash • machinery is in proper working order and to handle any of the customer's questions or concerns. Neighborhood Impact The Safeway Plaza has a land use designation of "C" (Commercial). According to the approved development plan, the vacant pad to the north is proposed to be a gas station, the vacant pad to the south an auto parts/service store, and to the southeast is the existing Safeway, more shops, and other vacant pads. To the west, across Silverbell Road is a residential development with. the land use designation of "MDR" (Medium Density Residential). To the north, across Town Peaks Road, is a residential development with a land use designation of "MHD" (Medium High Density Residential). Public Notification The application for this public hearing was properly advertised and all property owners within 300 feet of the subject property were sent letters informing them of the proposed use. One general inquiry phone call and one letter opposing the conditional use permit were received by staff prior to the Commission meeting. A petition to revise the hours of operation for the car wash was presented to the Planning Commission at the meeting on September 24, 2008. The representative for the people signing the petition spoke at the meeting and stated that the residents signing the petition did not. oppose the use, but only the hours of operation. It was agreed upon during the meeting that the hours of operation would be from 7 a.m. to 9 p.m. Another letter of protest was presented at the Planning Commission meeting, and one citizen spoke to the commission against the conditional use permit. Copies of these letters and the petition are included in this packet. ATTACHMENTS: Fame: Description: Type: ^ R_esolution 2008-139 . Safeway Car Wash Resolution Resolution Safeway___Plaza Car Wash.doc_ ^ 051.9 001,_pdf Application, Locatiar, Map; Narrative, proposed Eayout i3ackup Material Regular Council Meeting -October 21, 2008 -Page 162 of 271 ^ 0520 001.pdf proposed use overlaid on approved dp layout ^ 0525 001-eleyations.pdf Golor Eievatians ^ .0..524_001-1e_tterspdf letters, petition Staff Recommendation: Backup Material Backup Material Backup Material Staff recommends approval of the Conditional Use Permit with the following condition: 1. Hours of operation be limited to 7 a.m. to 9 p.m. • • Suggested Motion: I move to approve Resolution No. 2008-139, a Conditional Use Permit for Safeway Plaza Car Wash, subject to the condition recommended by staff. Regular Council Meeting -October 21, 2008 -Page 163 of 271 • MARANA RESOLUTION N0.2008-139. RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A CAR WASH WITHIN THE SAFEWAY PLAZA, A COMMERCIAL DEVELOPMENT AT 9140 N. SII.,VERBELL ROAD WHEREAS, Mike .Sands has applied to the Town of Marana for approval to operate a car wash in a commercial development at 9140 N. Silverbell Road, generally located on the southeast corner of Silverbell and Twin Peaks Roads; and WHEREAS, the existing zoning of the property is "F" (Specific Plan -Continental Ranch), and a land use designation of "C" (Commercial), which lies within the Silverbell Road. Corridor Overlay District (SRCOD}; and WHEREAS, a car wash. operation is a conditional use within the SRCOD per Section 24.O1.S.3.d of the Land Development Code; and • WHEREAS, the Marana Planning Commission considered the request to approve the conditional use permit on September 24, 2008, and voted 6-0 to recommend that the Mayor and Council approve the conditional use permit; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town. Council meeting held October 21, 2008, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the request filed by Mike Sands for a conditional use permit to allow for a car wash in a commercial development located at 9140 N. Silverbell Road is hereby approved with the following condition: L The hours of operation are limited from 7 a.m. to 9 p.m. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 164 of 271 • MARANA :/ t '~ lOY1ft OF !dPltA4:~ PLANNING & ZONING APPLICATION • _.,,. , - 1 'I'~P'F {)F ~'~,PPL7{~:[1TIOT`i tr~ec~. t~,~ey ' _, ~,> CJ Preliminary Plat t=I General Plan Arnettdtnent (~ Variance [:l Final Plat C~ Specific Plan Amendment Conditional Use Permit. Ll Development Plan d Rezone/Specific Plan Q Annexation Q Landscape Plan 1:3 Significant Land Use Change C7 Minor Land Division ^ Native Plant Permit C} SWPP Q Water Plan Q Improvement Plan (specify type in the Description of Project box*) D Other {~~ r ~ E'E .,~lEtAI."A:~T~iI2 ~. "1[., ... ...- 7, :Z.., a.u . _ ,t E, C~~Ii~,~'~s°, ~,-r~~~~y. ~, ~ .. .. .. K`a~^?.. Nei ~G.~.°tryi" ~i.~'': K l~w~.~. ~ ~~5 ~~z~< Assessor's Parcel Numbers) General Plan Designation (To be confirmed by sta Grass Area {Acre/Sq. Ft.) Current Zoning (To be cottfttmed by sta (_ - (.pw,~i~ tt-„e{Z ~~i[ Q[ttrl Development/ProjectName ~~~~ ~tu~ ~ ~alh Proposed Zoning ~~ ~~~ Project Location 910 N, Sl1y~~.1~ Road lUlltrw~ttt r.SerFi ~~ T' J2 S R 13E Description of Project " ~ i~ ~ cs¢,~ Cort~'iVut{7ak aT Gt rfe~J Gct.l- Wash -~act~r Property Owner ' ~~r 'se Crass! . L_ Street Address ~ ~ 50 ~ , ~6-~t-t ,~„ ~~,fe f4~ City ~!`la~nik State ~-- Zip Code 501+ Phone Number X62 66~{-~~a Fax Number 6oz (yp~ 2501 E-Mail Address Contact Person i !~~ ~tArt WE ~2Q.y'-~S Phone Number/E-snail Applicant N1S. F .~rtc, Street Address 47 a- ~J dk o~ 3 ~ 5 { - ~ City ~_[ lX.T Tk `~ a S t te Zip Code 3995 Phone Number 77.2°~~- G~ Fax Number 772~~S3-b~ E-Mail Address Contact Person N1~kt: sans Phone Number/E-mail 77z-~2a-rfi~o _ Agent/Representative ~ ~ r f ~ ~~ ['t-o r~5 ~ ~nL - Street Address a~~a ~ r ~~ ~~ j ~~~ City ~-~` [ +~ c. o State ~~' Z'p Code ~ ~ [ °J Phone Number 52tt 6l S-~ t R I Fax Number 51.E ~[ 5 -9.i q~ E-Mail Address ~1Q ~~ ~c~+~.-~ ct'fSa:~ Y Contact Person ~~P~ ~, }~ f~b~ ~ W ~ ~ Town of Marana Business License No. _ __ ,.: ' ...:.<.:. ~ 1~'7'FIORi~ATIOi~~OF YRUPEItTI' O~~?~TL32 . .: .. ~ ~' _ I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (Knot owner of record, attach written authorization from the owner.} ~a,~re,~ ~a. - ~ ~ ~ ~` ~5 ~+ ~a Print Name of A ]icant/A ent i nature ate ~' ~/ ~' CuP- 08066 C:t~'-~-,~~~ C.t.~ P~~~o~ -- ~~~~ i .~ ~• Regular Council Meeting -October 21, 2008 -Page 165 of 271 • A request for approval of a conditions! use permit for an express car wash on Pad #5 of the Safeway Shopping,complex. Data Disclaimer: The Town of Manna provides this map information 'AS Is' at the request of the user with the understanding that is rsot guaranteed is be accurate, Correct or complete arui conclusions drawn from such infoimati~ are the responst'biiity ofthe user. in no event shalt The Town of Marana became ilable to users of these data, or any other party for arty toss or direct, indirect, speciat,incidentai or consequential damages, ineludng but not limited to lime, money or goodwill, arising from the use or modification of tie data. Regular Council Meeting -October 21, 2008 -Page 166 of 271 • Re uest Narrative for the Safewa Plaza Car Wash ro'ect q Y p J This project will consist of an approximately 2720 s.f. car wash structure on a 1.21 Acre site designated as Pad #5 of the Safeway Plaza shopping complex. The Safeway Plaza shopping complex is located at the corner of N. Silverbell Road and Twin Peaks Road in Marano, AZ. The address is 9140 N. Silverbell Road, Marano, AZ 85743, and is approximately 2 miles west of Interstate 10 in Marano, AZ. An overall Development Plan for the Safeway Plaza was approved on August 27, 2001, and a Final Plat was recorded for the overall development on May 30, .2003. The Final Plat approved for the Safeway Plaza defines the subject parcel as Lot 3. The parcel is subject to an existing Western Area Power Authority (WAPA) easement, which places a large constraint on possible building layouts. Initial use designated in the Approved Development Plan was for a gas station, the parcel has been previously rough graded, but is currently vacant. The proposed site use is an express car wash. The express car wash will be owned and operated by Mike and Denise Sands. Mike Sands, a licensed general contractor, will construct the building and oversee the placement of the equipment prior to-the opening of the business. Both Mike and Denise Sands have self employment experience as well as sales and marketing experience. They will be assisted in the car wash business by consultant George Gesund. George Gesund has owned and operated i 0 car washes in Detroit Michigan for the last 30 years. His extensive knowledge will be very helpful in the set up and operation of this business. • This is a new generation express car wash featuring "stay in your car" service, with an automated car wash with four wash selections. The 90 foot tunnel offers eight cleaning stations operating in less than a five minute interval. Which station operates depend on the featured wash. This structure allows a basic exterior wash and dry for $3 - $4 in a three minute time period. Upon exiting the building structure, there is a free vacuum area allowing customers to detail the interior of their vehicles. The quality of the car wash teamed with the price of the wash and the minimal time needed is the success strategy behind the operation. Offering free vacuum service sets this company apart from the competition and is a customer draw. The proposed entrance to the car wash site is off of an existing P.A.A.L. within the Safeway Plaza parking lot. Upon entering, traffic is directed to the left and can either enter the vacuum parking lot or the one-way lane to the car wash tunnel. The lane to the tunnel splits into two lanes, each with an automated machine and gate. After paying at the machine the gate opens and the lanes merge into one to enter into the wash tunnel. Depending on the car wash selected, different sections of the tunnel are activated. When each section is not being used, it goes into standby mode, for energy conservation. Water reclamation is fundamental in reducing utility costs and meeting environmental concerns. Underground recycling tanks allow water conservation. As the vehicle exits the wash, the customer has the option of twining into the shaded, free vacuum area for self service vacuum or exiting the car wash facility. The entire wash/dry process takes approximately S minutes. Though the process is fully automated, an employee will be on site during operating hours, which are slated to be between the hours of 7 a.m. and 9 p.m. We anticipate having two employees {one for each of • the two shifts per day), with at least one employee onsite during business hours. An emergency exit is provided just past the pay station, so that the onsite employee may assist anyone needing to bypass the Regular Council Meeting -October 21, 2008 -Page 167 of 271 • carwash after mistakenly entering the queue. The employee will also perform routine maintenance checks to .verify the car wash machinery is in proper working order. The free vacuum service is provided via a central vacuum system. Each parking space has an associated vacuum hook-up, with detachable hoses which will be removed and stored within the building after operating hours. The nightly removal of the hoses will reduce the potential for vandalism, and the central vacuum system along with the other mechanical equipment will be shut off at night to remove any potential for generating noise during off hours. Site Overview: The project site is designated as Pad #5 in the "Safeway Store #1749" Master Site Plan, and includes the area defined as Lot 3 of the Final Plat of "Safeway. Store #1749" as recorded in Book 57 Page 31. The site is located east of and adjacent to Silverbeli Road south of Twin Peaks Road, and is bounded by Lot 4 to the north, Lot 1 to the east, and Lot 2 to the south: The project site is zoned "F" (Specific Plan) and falls under the Continental Ranch Land Use Plan (CRLUP) as "C" (commercial). Preliminary discussions with the Town have indicated that a car wash may be allowed for the project site but will require the acquisition of a Conditional Use Permit. The Town has on file an approved Development Plan (DPR 9962, "Development Plan for Safeway Stare Continental Ranch") that shows an approved use of a gas station for this particular lot. As the site layout and use are considered by the Town to be significantly different from the approved plan set on file, a separate Development Plan will be required by the Tawn of Marano. The overall development plan parking calculations indicated the overall parking requirements to • be 539 spaces with 18 required ADA parking spaces. The overall actual provided was estimated at 883 spaces with 25 ADA designated spaces, or an overage of 344 total spaces and 7 ADA spaces. The revised layout for this site includes 19 total spaces, or a reduction from the previous layout of 32-19=13 spaces, still providing a net overage in parking for the overall site of 331 spaces. The site restrictions include a 15' building setback from the property line along Silverbell Road, a 100' 11Vesteen Area Power Authority (WAPA} overhead easement and a 15' Tucson Electric Power (TEP) overhead easement. These restrictions are shown on the site plan. The Safeway Master Site Plan indicates a maximum allowable building area of 5,000 s.f., the proposed. building is approximately 2,724 s.£, and therefore well within the limits. The WAPA easement and transmission main cuts diagonally across the site, and places a large constraint on the possible site configuration including building and trash enclosure locations. Mike has been working with WAPA staff for their acceptance of the site layout, and we are confident that the current configuration will be acceptable to them. The proposed location within the Safeway Plaza will prove to be convenient for the local residents, and is compatible with adjacent uses in the area. The car wash machinery is enclosed within the building, and generally will be out of site from Silverbell, the closest public street. The building itself will be designed with colors and architectural features consistent with the Safeway Plaza, and has a proposed height of 18'. Once again we ask your support in approving the conditional use request to allow the development of a car wash on this site. We believe that the use fits in well with other proposed uses within the Safeway Plaza, and allows this rather constrained site tQ fulfill a service needed by the local community. • Regular Council Meeting -October 21, 2008 -Page 168 of 271 • • i• i• i• E i ~ p` 2P ~ ~Z uo : A it ~~i N 'C $~ ~ ~ ~, ~~ Y A~~ 5~ .~ Y ~~, loo Q Y % a ~I ~ 2 ~ ~ ~ ~s ~ e r ~. Q! c ~~ I 1 I 1 ~~ gg a~ .. F ~F,e >£ h_ V '~ g~> ~~ g` ~" ~ z • s~ V a ~ ~~,~8ry ~" ~` ~ o a ~~ ~ ~ ~ ~ Y ~ e ~ m~a ~ ~w: '~~ ~ F '9Y9 ~ 33g $~ d tl '~s'fi 8 ~ ~ Y @9~ k'~L 8~ ~~,-.. Sri .° ~ Am ~.98S #R ~ ° ~ 3 @ .... / ~g r ~~ ' P4 ~=... , ~, -- --; .~. 1 ~ f= i $ ~~g ~~ ~j J { ;~ ~ _ ~if ~ ~~ __1 T -_ L "~ ~ ~ I I i ill `I ~ i ~i ~I- ~ ~^ I' ~~ : - ,- 4J y = W Z S ~ ~ N J a 3~~w zap ~Oa-v~ a UQ~J O J W Q N ~ Q ~ O jCA> DO O C a f ~ - / / i i ;; 1 ~ ( i 9 I 18 ~' ~ ' ? ~' ~ I~ 3 = w ./~ Q I -_ 2 i <``J I ~ ~ o I - - r I ~ -LII it , ' I , `~~ ^ _= --- - ~; I i tg ~ .4 ~ -~---.-- r~ ~, ..~ ~ 'iii; ~ i 7 ~~: - I as _ h I ~~ I~~ li°II'lli~ ~ f ~ :.{ ~ ys~tit~ °~ ~f I ~ I~,IIf I ~ a - 1 ~ i _ ~~ ~~ ~~ - ~ ~~ W i ~ ~ k . _ _ zl ~~m ~~ I~i Ill;llj~i li~l !.~ j~~~lh4~;~, ~ ~~~ Q Al ~~ \ ~~ ~ i ~ = i"I fl I' '~~'s I ~~ ~,yi',I~ ~,~ Q ~. I ,~ ~~.~~ ~ a ~ `~ ~, l--s~ vl ~ kll i UII' I ~ ~"'~ ~ ~ ~' ~.~ Q E ~---~- - ~i ~ ~~ L ~~ -- ~ , 'mil, ~~ ',~ ~ >. I ~ ~~, ~ ~ p I \ 1 ~ ~ _\ ~R~~af _~ ~~f ~ ~~ 1 ;', _ _ ~ ~ ____1 ___ __ °+ ^I ~ ~\~_ o _~ ~~ ~e \ ~ ~ ~~ ~ ~ ~ Q a ~ $¢'e did z~. .001 ~x ~ f ~ I i' ~ I ' $ • ~~ ,~ c '~ I~ ~_ _._ .__ s,! :-.:.ice -- -`-_._._ .... _" - . '" .v'suv oNwine T~ ' ~~ ' .....__.__ .--. .~. ~~~ \ 'fS O+ZT S Yam `JNgIIfiB trNer -35 53N15 11Nit `JNt _ ..~ _.... '. °`-vMr.9n5PtY18 XrW f5 WD: OW~9 ... _- -.~• 53x'1 ~a'fl9 ATM _ ... ___._ ._z_.... ___ ....~~ ~ j U d ~~, ~'~ ~: e9~. ~~~~ ~~ ~~.. ,~x~u~:- ~~ ~~° n b 0 0 • CONTINENTAL RANCH COMMUNITY ASSOCIATION 9150 N COA.CHLINE BLVD TUCSON AZ 85743 www.crcatucson.cam OrFICE:520-297-7600 !~AX:520-297-7917 October 2, 2008 Surpise Crossing LLC 9140 N Silverbell Rd 5350 N. 16TH St., Suite 105 Phoenix AZ 850I6 Re: CAR WASi~i - Dear Surpise Crossing LLC: Co€ttinental Ranch Cornrnunity Assoc Owner id: 20003 -41 Property: 9140 N Silverbel] Rd 5350 N. 7.5TH St., Suite lOG The Architectural Review Conunittee has reviewed and APPROVBD tfte subrrrittal stated above: Approval by the Committee shall relate only to the conformity of plans and specifications to general architectural plaits for the area covered by the Continental Ranch C.on~ruunity Association's Covenants, Condrti0I15, and Restrictions. Plans and specifications are not approved for engineering design or architectural competence, including but not limited to drainage. • You are required to notify the Association in writing upon completion of this improvement and submit a photo of the eompieted project. It is also your responsibility to conform to any Town of Marana requirements relating to permits and inspections. If a permit from the `T'own of Maratta is required for your improvement, the Town will require a copy of this approval letter. Should you have arty questions, please feel free to contact me at {520}297-7600. Thank-you for your submittal. Sincerely, ~~~ Far Continental Ranch Comrnuttity Association • Regular Council Meeting -October 21, 2008 -Page 172 of 271 Dear Property Owner: The Town of Marana is hereby notifying you of a request by Kimsey-Horn and Associates, Inc. on behalf of the property owners for a Conditional Use Permit to allow for the development of a new car wash. The project area is generally. located on the southeast corner of Silverbell and Twin Peaks Road at the Safeway Plaza (9144 N. Silverbell Road). This project lies within the Continental Ranch Specific Plan and 12as a land use designation of "C" Commercial. Pursuant to Title 24 of the Town of Marana Land Development Code, approval of a Conditional Use Permit is required for. the development of a car wash facility within the Silverbell Road Corridor Overlay District. • The Town's Land Development Code requires notification to all property owners within 300 feet of the area affected by the proposed use, an area in which your lot or parcel falls. A public hearing will be held before the Town of Marana Planning Commission to consider this request on September 24, 2408 at or after 6:30 p.m., in the Mayor and Council Chambers, Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. Interested persons should be present. Anyone wishing to protest, support or comment on this request may appear in person before the above named body or may file a written protest or support with the Town Clerk on or before the date of the hearing. A site rnap, layout, and project narrative are enclosed for your review. Please contact the Town of Marana Planning Department if you need any further information. -~ The phone number is {520) 382-2610. Refer to Case No. CUP-0806G. --~~~ Sincerely, Jenna Reilly Planner I Planning Department • Town of Marana jreilly@marana.com Regular Council Meeting -October 21, 2008 -Page 173 of 271 ~ ~- ~ ~~~~ C.%~ `~'~ ~~~ ~ ~ ~ r ~ ~~~~ ' ~r ~~~ 31555 W. CIVIC CENTER DRIVE, B!t)G. A2 !~ MARANA, .ARIZONA 85653.7003 I fiELE?HONE: (5 , f 382-2600 )~ FAX: 382-2641 ~ . ~'~` l y.!' @9/22!200• ._..._.- - - -_:_-..... _ _..__.--..__...._...._....___:_..,_w.~....:u~;.-...~::-:___:::~;-:,:.:....:~~_ • September Z1, 200$ Tovv~a Clerk Town. of Marano Platazaictg Commission 11555 ~V. Civic Center Dr., l3ldg. !~2 Marano, A7 $5GS3T7003 Re: Case No. CUP--081166 Conditional Use Permit ~qx ~.inaley~l~orn and A.ssaciates, inc. Caz~v~ash at Safeway Plaza (9l.~la N. Silverbell Rd.) T am a property owner Ic>cated. witlxizt 300 feet of the above proposed car. wash and I am unable to axtel~.d the public Bearing scheduled for Wedr~.csday, September 2~, 2b08 at C:30pzn in the Iv,[ars~na Municipal Complex. I therefore am caniactiang you in writing #o protest the awarding ofthis Conditionat Use Ferfx~it for the proposed caxwasls. to be located at tl3e southeast cor~aer of Silverbell and Twi1't Peaks Road at the Safeway Plaza. The noise level of tlae machinery operating in this type of. business will be disruptive to the residences directly across th, .e street, ztot to me~ution i~he increased tzaf~sc ~.ow. Out evenings and early mornings are spent outside on our deck, ~~vvl?ich is vn. the east side of • our home, Qr. Facing the. carwash area, anfl such a busXUess would affect our duality of life, and lower our prnpez~ty value. The bouts of opez~ation f~zn Siam to I Ipm leaves little tivne to en}oy the outdooxs without the racket of a carwash. Please consider. the Marano residents why moved out hexc to ggt away :From the commercial activity izt other areas, only to have the Safeway rottxplex move in two years later. I would uxge you to vote no on adding a caxwash at the base of the pro#ected peaks ' ofiTwin Peaks, and the pzas#ine beauty of. the saguaros and Tucson Mountains. Thank you for your, consideration. Sincezely, ... ~. Jose & $onr~ie ,Az'riaga • Regular Council Meeting -October 21, 2008 -Page 174 of 271 • September 19,.2008 Town of Marano Development Services 11555 W. Civic Center Dr., Bldg. A2 Marano, A~ 85653 Re: Proposed Car Wash Adjacent to the Intersection of Silverbell & Twin Peaks Case #CUP-08066 To Whom It Ivlay Concern: • We are one of the ptnperty owners within 300 feet of the above-stated proposed car wash development. We wish to objet to the hours of operation that were presented in the narrative fot•~varded to us. We purchased a hoxne in the adult Sut~lower housing development with the understanding that we were entering into a community drat would be peaceful and quiet. Having a car wash, and particularly a vactrutry operating at the hours of 6:00 a.an. and 11:00 p.m. is certainly- not peaceirzl and quiet. t~'e do not object to the construction of the car wash pex se but respectfully request that the hours of operation be limited to between 7:00 a.rn. and 9:00 p.m. Thank you for your consideration. • i ~ ~ 1~ David K. Haase ~~~ Sheri Haase Regular Council Meeting -October 21, 2008 -Page 175 of 271 • 5;~, PETITIOI~I COi'~CERAtING PR®PUSI+L'D CAR V6'ASkI N[ARANA. CASE #CUP-OSOb6 We, the undersigned, being property owners in the adjacent Sunflower housuzg development oppose tize hours of o~eratioaz far the above-mentioned car wash. ~?Ve prapase a more reasonable time period of ?.00 a.m. to 9:00 p.m. N TvIE ~ q~ /~ ~ ~ ~ / ADDRESS (~fDATE ////>))) f~ ~ ~~ ~~~~f ~s .diJYF.in/ ~~~~ 32.~y .. M •, ../ V ......._-._.___ / - -~.-~-- tit': ~ ~~~,.... <,,. ~ , , / ' ~~ t. ~~Y~ ,' f i! r ,. ~, E J f 1~L4 .~~ _ --.~-.. ~1~? -'. - I , - r. J > f~ ~' G~ 7 ` l -- ~ ~ -- (f t.~ f! ~~,f ~-Z `--s/~e~,,, •d ~ _.__.._.~...~..9 t fir., f ~ _ ~~ ,,-' •-" .J' ^ ~ d tll Regular Council Meeting -October 21, 2008 -Page 176 of 271 • 1?ETITZON COI'ICER.NING PROI'OS1LD CAR WAS~E~ I~A.RANA CASE #CUP-•Ul3t#66 We, the undersigned, being property owners in the adjacent Sunflower housing; Beveloprnent oppose the hours of operation for the above-mentioned car wash. We propose a more reasonable time period of 7:00 a.;n. to 9:00 p.n~. NAME ADDRESS ~~= ~~~ `. ~, . r St C Y ni _.. -- ~ DATE C7 ~~ g ~~ ,~~ ~,, :1 t~,~ ~ ,, ~cs~ ~~G/~~ ~ ~ ~ ~~~. .~ _ ~ ~~~p~a ~, j / c, ~' J ~Y ' ~'.~iao~b~- ~~~~~~. ..* ~ ~ `~ ~ Regular Council Meeting -October 21, 2008 -Page 177 of 271 PETITI~I'~T CQNCERNING PRQYQSrI3 CAR WASH IVfARANA CASE #CL1P-(18Q66 We, the undersigned, .beita~; property owners in the adj aeent Sunflower housing development oppose the hours of apez~ation for the above-mentioned car waste. ~7e pzopose a more reasonable tune peiiad of 7:00 a.m. to 9:Q0 p:m. NAMR ADDRESS DATE _ _ ?~ J / ~ ~~~~ ~ ~ ~ J ~~~ ~~' • r' ~ _ ..' ~ ~ J !1f+j `. 1 j -------- ti`lL,i2~ .~ fL ' t/ ,. ~ ~? ~G1 ~d" r~ ~ ~ c~- c ` ~3 / , • %'~S'' ~~ '----- ~ ~"~~ Regular Council Meeting -October 21, 2008 -Page 178 of 271 • Pl~'I i'Ifil~l~t ~(~N~~;l3:1li1€ht~ f'fd~~~S~D CA.~ F~IAS~ I~III~I~AI~iA ~ASI'~ #CIJf'••tli~Obfi W e, the tuic3ersigned, being property Owners in the adjacent Sunflower housing develap~nent appose the hours of opei~tion far the above-mentioned car wash. We propose a nxore reasonable tinge period of 7:00 a.m. to 9:00 p.~n. • NAB ADDRESS ~ • {.-..J"r~i i l t ~. DA"I`E '"~ <-~.~ic:. A,.JZr-vim , ~,- ~'1 1~f r~.`~~~~3 ~~ • Regular Council Meeting -October 21, 2008 -Page 179 of 271 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 3 From: Lisa Shafer ,Assistant Planning Director Subject: Resolution No. 2008-140: PUBLIC HEARING: Relating to development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard. Discussion: History and Request: Crown Communications requests approval of a conditional use permit for the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard. • This project was presented to the Planning Commission on September 24, 2008. The Commission is forwarding this conditional use permit to the Town Council with a recommendation for approval. by a vote of 4 to 2, with Commissioners Winger and Le Page- Wood dissenting. Location: Subject to Council approval of the communication tower site lease, which is also on tonight's agenda, the proposed tower would be located on the Town of Marana water reservoir and pump station site on the south side of Linda Vista Boulevard approximately 980 feet west of Hartman Lane. Ingress/egress for the site is provided from Linda Vista Boulevard. Project Description The requested use includes the construction of a new antenna tower measuring 65 feet in height as well as the installation of ground-mounted equipment cabinets within a 1000 (25' x 40') square foot lease area. The entire lease area is proposed to be enclosed with a block wall structure measuring eight (8) feet in height and constructed of materials to match the existing wall structure of the pump station.The 65-foot monopole structure will be designed as a "Monopalm." This simulated palm tree will be engineered to accommodate athree-sector antenna array for AT&T wireless communication service, as well as to provide a co-location option for an additional future carrier. The antenna array will be concealed within the artificial foliage of the simulated tree. The applicant will be required to plant two (2) live palm trees within the lease area in order to add a realistic context to the site. The equipment cabinets will be contained within the enclosure and will not be visible from surrounding properties or from the adjacent right-of-way. Site lighting will be installed for use only by a service technician,. in the event that service of the site is required after dark. The enclosure has been designed to accommodate the equipment of one additional carrier. The applicant has taken an inventory of existing vertical tower structures within one (1) mile of the proposed site and. has confirmed, to the best of his knowledge, that there are no existing vertical tower structures, .equal to or greater in height, than the proposed structure that are capable Regular Council Meeting -October 21, 2008 -Page 180 of 271 of meeting the needs of the carrier. There are no existing Crown Communications or AT&T wireless facilities within 1/4 mile of the proposed site. The applicant has confirmed to the Town that the proposed site is necessary to provide the majority of the voice and data call volume in the area and relieve congestion on other sites that are burdened with diminishing coverage area. Neighborhood Impact: The proposed site is a portion of the Hartman Vistas subdivision that was dedicated to the Town of Marana for use as a water reservoir and pump station. The site is currently zoned MR-1 (Multi-Family High Density). The property east of the site is zoned VC (Village Commercial) and is utilized as common area (natural open space) for the Hartman Vistas subdivision. The property south and west of the site is zoned R-6 (Residential), and is utilized as common area (natural open space and designated flood zone) for Hartman Vistas. The proposed location of the facility is approximately 500 feet (across natural open space) from the nearest residence within Hartman Vistas. The site borders Pima County SR (Suburban Ranch) zoning to the north (across Linda Vista). The proposed location is approximately 400 feet to the nearest residence north of Linda Vista. Public Notification The public hearing for this request was properly advertised and all property owners within 300 feet of the subject property were notified by mail informing them of the proposed use. As of the date of this report, one letter has been received by the Planning Department in opposition to the proposed use. Two citizens (one being the author of the aforementioned letter) spoke at the Planning Commission hearing in opposition the request. The letter has been attached to this report. ATTACHMENTS: • '_\ame: Description: Type: ^ Resolution 2008- 140 Crown Communications.doc Resolution 2008-140 Resolution ^ Application.pdf Application Exhibit ^ .L...etter 1..pdf Letter 1 Exhibit ^ Loc..aton___map_2.pdf Location Map Exhibit ^ DP1_.pdf Site Plan 1 Exhibit ^ DP3.pdf Elevations Exhibit ~ Photo i~df Photo 1 Exhibit ^ Photo 2.odf Photo 2 Exhibit Staff Recommendation: Staff recommends approval of the Conditional Use Permit with the following conditions: 1. Compliance with all applicable provisions of the Town of Marano Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code, that are current at the time of development. 2. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department and must obtain all required permits prior to development of the wireless communication facility. 3. The developer will be required to plant a minimum of two (2) live palm trees similar in appearance and height to the simulated tree in order to add realistic context to the site. The trees must be provided with permanent irrigation and be maintained for as long as the site is in operation. Regular Council Meeting -October 21, 2008 -Page 181 of 271 • 4. No approval, permit, or authorization by the Town of Marana authorizes~violation of Suggested Motion: any Federal or State law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable Federal and State laws and regulations including, but not limited to, the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. I move to approve Resolution No. 2008-140, a Conditional Use Permit for Crown Communications to allow for the development of a wireless communication facility subject to the conditions recommended by staff. ., .~ • Regular Council Meeting -October 21, 2008 -Page 182 of 271 r~ MARANA RESOLUTION N0.2008-140 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY AT 5541 W. LINDA VISTA BOULEVARD. WHEREAS, Crown Communication has applied to the Town of Marana for approval to develop a new wireless communication facility at 5541 W. Linda Vista Boulevard, generally located on the south side of Linda Vista Boulevard approximately 980 feet west of Hartman Lane; and WHEREAS, the subject property is the site of an existing Town of Marana water reservoir and pump station, and is currently zoned as "MR-1" (Multi-Family -High Density); and WHEREAS, the development of the site will include the construction of a new sixty-five • (65) foot antenna tower as well as a block enclosure to contain the associated ground-mounted equipment cabinets; and WHEREAS, the Marana Planning Commission considered the request to approve the conditional use permit on September 24, 2008, and voted 4-2 to recommend that the Mayor and Town Council approve the conditional use permit; and WHEREAS, the Marana Mayor and Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held October 21, 2008, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Marana, Arizona that the request filed by Crown Communications for a conditional use permit to allow for the development of a new wireless communication facility to be located at 5541 W. Linda Vista Boulevard is hereby approved subject to the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code, that are current at the time of development. 2. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department. and must obtain all required permits .prior to development of the wireless communication facility. 3. The developer will be required to plant a minimum of two (2) live palm trees similar in appearance and height to the simulated tree in order to add realistic context to the site. The trees must be provided with permanent irrigation and be maintained as long as the site is operational. Regular Council Meeting -October 21, 2008 -Page 183 of 271 • • 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with al] applicable federal and state laws and regulations including, but not limited to, the Endangered Species Act anal the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 sc day of October, 2008. ATTEST: Mayor ED HONER APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 184 of 271 ~~.~ TOWN OF MARANA • MARANA Planning Department f i ~ 11555 W. Civic Center Dr. Marana AZ 85653 ,o,K,~,,~,,,,. (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION • • ~~ 1. TYPI~ OF APPLICATI?(?l~T (Check One) ' ~~I o Preliminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan AmendmentConditional Use Permit o Development Plan o Rezone/Specific Plan o Other o Landscape Plan o Significant Land Use Change n Native Plant Permit n Minter T and T)ivicinn Z. GENI~RAL BATA REQUIRED Assessor's Parcel Number(s) _ ~f ~'~ ~ D6 ~ r©f~ .General Plan Designation (To be confirmed by staff) Gross Area (Acre/Sq. Ft.) 31~ 5 •~• ~~~ Current Zoning (To be confirmed by staff} w, ~~ i /r'c~ f Development/Project Name ~ r fiM4+w ~it ~~ ~+9t~a- V 1 ~ r" Proposed Zoning A /+KIQ' Project Location W . ~ ~ ~d ~ U ~sl~a, B~yr.( Description of Project N~ ~~ ~~~~~~~~~ ~~~' V~~ Q d,s!^,ly~~~ ,. ~ /fir Property Owner ?-Dce~/l. oZo /~L Street Address t/~!'$'~' Gt,J , Ci vic ~K-~' ,~j~, City .~ State !~Z Zip Code $SlvS3 Phone Number 57o-~~b~-o~ba+ Fax Number s~i-,~b~-~5 ~ E-Mail Address 6d~fPa:n.Ulhc~~• Contact Person B~e~ Qe.~~a-'w $rz~d ©65~-2rti. Phone Number ~~ " 383 -~ x$'73 Applicant C l'i949It. ~N~u tst.n%kS~ ~h ~, Street Address ~5-~ ~ , tt!$ ~ )rC • ~ 5k i~. 30S Ciry ~..~la- State /+~2 Zip Code $s~~l~ Phone Number $~ -~i/ - ~sg Fax Number 5~ - ~,a'-3 E-Mail Address ~ ~ ~ alp a ~ nra: Contact Person Phone Number Agent/Representative 'j"~!c C y I L CmM+.~Da+n Street Address ~BG y1~ ~/ , ~„M j ~,~, ~Qo sG,s /C~tu¢. V~tS Ciry ~ro Ud~ State /~Z Zip Code $5?3? Phone Number 5'~-99t-9 Fax Number S"~o-~~t-3 E-Mail Address / s~veol5~z®g Contact Person ~~ ~ l~ ~ Town of Marana Business License No. -_ __ 3. AUTHORIZATION OF PI20PE RT1' OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) 5"~vc Dlsaa: ~~Cvu`_ 6 .. (~~~ ?l9 o S Print Name of AppIicant/Agent Signature Date ~S ~~ `l. ~~ X:\PLAITNING\FORMS\PROCEDURES&GUIDES\ConditionalUsePermit07.doc Page 9 of 9 (Rev. 11/15/07) Regular Council Meeting -October 21, 2008 -Page 185 of 271 ~f' ~~ Septel~3ber 24., Zoos Maralla Municipal Can~171ea Planning Conunission 13.555 VJ. Civic Center Drive Marana, t17 85653 To ~~Jh~m It May Concci•17; Tharilc you for accepting and considering these comn7ents regarding the propasal for a wireless facility life at 5511-1 « Linda Vista Boulevard. 1 ant a board Inenlber for T-l.aj•tn~an Vistas a17d 1•ia~Je spoken to several neigltt~ors afl'eeted by this l~ioposal. We are opl7osecl not to the project al7d anfennae per se but to the: location of the proposal • on the basis, as outli27ecl in Title 23, that it infringes on the integrity of our neigl•Iborl7aod. 1"urtlierlnore fhc visual in7paet eoulcl be i77inin~izecl, pursuant to Title 23, by rclocatillg it to a nearby altel•~7.ative site. .During a presentatio2l b3' Crown Castle at our board n7eeting o.n Jili7e 2G, 2008 ~vheli asked about alternative sites lvlr. Q«~ens cited a nearby utllrty pole as a suifable location fol.' the project. The bo~ut1 leas also cliscusscd negotiating a nearby piece of our eolnn~on area with less visual iliipact as a poteiztial [oeation for the proposal. Tl1c board invested with authority to itiake this offer. T3ecause there al•e at: least fwo aforetnenfioiiecl alternative sites for the proposal that wotslci 171•oteCt tl7e I2lfegrity Of OiCr 11e14~11bo.2'lldod a11d i111n11I11Ze fl]e vISUaI 121117aCt 17lirsuant t(7 Title 23 eve respectfitlly ask these alte27iative sites be considered and utilized. '1'ltalik you far Four attention to this matter. 12espectful~,, I~t, ,~ • t• 'f + ,,: ij •~~/' I ~ldaln Pearce • Regular Council Meeting -October 21, 2008 -Page 186 of 271 • • f Crown Communications Conditional Use Permit ~~;:~.. ~'•~~ ~~`"~ ~ ~`° CASE CUP-08047 ~! ~ j r~l~ Z D D ~~ ~' ~ m Z ~ ~ Z D I _ ~ W LINDA VISTA BL - - ~A" CANYON•TOWHEE'Sj- Subject Property , r' ~ _: _ ,. ~_~-~- _= ~ - ~ ~? r~~pR , ~ ~ ~ RED ~~~ ~ ~~ ~ ~~p ' p ~ ' FF Off' ~~ ~L~ ~ W~p~ cz 1 ~ ~- ERH EAD DF = ~~ ; ~ o z O~S~~Y ~ ,t ~ ,~~' F`` ~: ~$ ~; .O m ~ v .~ o ~__. ~ m ~ ; i j' _WN`ON'~ ST ~- --- - -~ -~~ V1'COTTGNf~nOUTH ~ , - -_W OVERTON RD'------- ~---------- - - - - I ~~ f ~ ~~~1 ~.~0 ,, O ~ ~, ` ~ ~~G~ s - ~, ^,-, ro ,, .~ .~ ~_ - r sso ~~oott. " RegU@St o A request for a Conditional Use Permit to allow for the development of a wireless communication facility. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or anY other part~tyh, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the us u f na' °r d 'f u~a ncg M~ti -October 21 2008 - Pa a 187 of 271 e r ~o QS< d ~ J -~ iQ'' ~ ~ e I ~i i s g~ a ! z • ++£ ,em' do a mN~aSg ~ -n - I a~ I m ~ m m m a m';T fO~ e9F[ ~ J o= `° ~'`s~ ~ I I ! 8 f a°~ w 'a i W m ~ ~ g s_nEVe+.oo io eo/,e/ao ~ i a ~ m r ~ "m{ z "d ~ '~z N ~~ ~ ~ ~ tlN san3WlsC In 80/6D/LO t ~ imO '~ m ~ (-'~ m mO~ 4. ~€ ~ stnawn~ 1N ~ : ac%co/c.r z ~ r ~ ° ~' i a ~ S ~ 3 N n Zc -, E, j lv_:r<En5 c tl be ~ 8C/ZZ/ 0. 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CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 4 From: Frank Cassidy ,Town Attorney Subject: Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on land owned by the Town of Marana at the Hartman Hills water reservoir site Discussion: This is the proposed lease of a 1,000 square foot (25' x 40') communication tower site with Crown Communication, Inc., at the Town's Hartman Hills reservoir site on Linda Vista • Boulevard. Tonight's agenda also includes an application by Crown Communication, Inc., for a special use permit for the same communication tower. The Council should only consider the lease related to this agenda item if the special use permit is approved. The proposed terms of this communication tower lease are similar to the terms of the Town's 2004 Nextel tower site lease of an approximately 600 square-foot site adjacent to the Parks and Recreation building at the corner of Lon Adams and Barnett. The Nextel lease provides for monthly rent of $1,500 for afive-year initial lease term,. with four additional five-year renewal options at a set rent increase of 15 percent for each five-year term. Nextel's monthly rent will increase to $1,725 if it exercises its option to extend the lease for the second five-year period. This lease starts with none-year "option" or "due diligence" period, during which Crown Communication will determine the technical feasibility of the site for an option price of $500. If Crown Communication exercises its option and begins construction of the communication tower, the lease will begin and rent of $1,620 per month will be paid for the first five-year lease term.. This monthly rent is adjusted upward from Nextel's initial $1,500 monthly lease because the Crown Communication lease term will begin closer to Nextel's first renewal which includes the 15 percent increase for the next lease term. The Crown Communication site is also 40 percent larger than the Nextel site, but as tower sites they are functionally equivalent. Like the Nextel lease, the proposed Crown Communication lease includes four five-year options at a set rent increase of 15 percent for each`. five-year term. Financial Impact: If this agreement is approved and the lease option is exercised by Crown Communication, this lease will generate $19,440 in general revenues to the Town for each of the first five years. If all four lease extensions are exercised, this lease could generate total general revenues of $655,359 (before adjustment to 2008 dollars). • ATTACHMENTS: Fame: Description: Type: Regular Council Meeting -October 21, 2008 -Page 192 of 271 • ^ Resolution 2008-141 Crown._Commun.cation_ Lease.,_DOC O Crown Communications Tower Site Lease (00011180~.DOC ~ Crown Communication Site.__Hartman Reservoir.pdf Resolution for Crown Communication. Inc. Lease Crown Gommunication, Inc. Lease Agreement Exh B Gommunication Site Sketch Staff Recommendation: Resolution Exhibit Exhibit If the Town Council approves the Crown Communication application for a special use permit for a communication tower at the Town's Hartman Hills reservoir site on tonight's agenda, then staff recommends approval of the Crown Communication Option and Ground Lease Agreement. Suggested Motion: I move to adopt Resolution No. 2008-141. • Regular Council Meeting -October 21, 2008 -Page 193 of 271 • MARANA RESOLUTION N0.2008-141 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN OPTION AND GROUND LEASE AGREEMENT WITH CROWN COMMUNICA- TION, INC., FOR. THE LEASE OF A CELLULAR TELEPHONE TOWER ON LAND OWNED BY THE TOWN OF MARANA AT THE HARTMAN HILLS WATER RESERVOIR SITE WHEREAS Crown Communication, Inc., seeks to lease a 1,000 square foot communication tower site at the Town of Marana's Hartman Hills water reservoir site on Linda Vista Boulevard; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed lease is in the best interests of the Town and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Option and Ground Lease Agreement between the Town of Marana and • Crown Communication, Inc., attached to and incorporated by this reference in this resolution asEx- hibit A ishereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town. Attorney Regular Council Meeting -October 21, 2008 -Page 194 of 271 • OPTION AND GROUND LEASE AGREEMENT TOWN OF MARANA, ARIZONA THIS OPTION AND GROUND LEASE AGREEMENT (this ``Agreement") is made by and between the TowN of MARANA (Federal Tax Identification Number 86-0331775) having a mailing address of 11555 W. Civic Center Drive, Marana, AZ 85653 ("Lessor") and CROWN COMMUNICATION, INC., a Delaware corporation, with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564 ("Lessee"). Lessor and Lessee are sometimes collectively referred to in this Agreement as the "parties." 1. Definitions. "Agreement" means this Option and Ground Lease Agreement. "Approvals" means all certificates, permits, licenses and other approvals that Lessee, in its sole discretion, deems necessary for its intended use of the Leased Premises. "Commencement Date" means the first day of the month following the month in which the Option is exercised pursuant to Section 4(C) of this Agreement. "Defaulting Party" means the party to this Agreement that has defaulted as provided for in Section 29 of this Agreement. • "Due Diligence Investi atg ion" has the meaning set forth in Section 3 of this Agreement. • "Easements" and "Utility Easement" have the meanings set forth in Section 10 of this Agreement. "Hazardous Material" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "Environmental Law(s)" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Material. "Improvements" means a wireless communications facility, including tower structures, equipment shelters, meter boards {00(R~d~8Ak~B06~~cil Meeting -October 21, 2008 11~8~II~tzi>7~»2R~rown Communications Lease Agreement -1- and `related improvements and structures and uses incidental thereto. "Initial Term" means a period of five (5) years following the Commencement Date. ``Lease Tenn" means the Initial Term and any Renewal Terms. "Leased Premises" means that portion of Lessor's Property consisting of a parcel of approximately 25 feet by 40 feet as described in the sketch attached hereto as Exhibit"B". The boundaries of the Leased Premises may be subject to modification as set forth in Section 9. ``Lessee's Notice Address" means c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, Attn: Real Estate Department, 2000 Corporate Drive, Canonsburg, PA 15317- 8564, 1-866-482-8890. "Lessor's Notice Address" means 11555 W. Civic Center Drive Marana, AZ 85653. "Lessor's Property" means the parcel of land located at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as shown on the Tax Map of said County as Tax Parcel Number 221-06-4010, being further described as Block II of Hartman Vistas, a subdivision recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 42, a copy of said instrument being attached hereto as Exhibit "A". ``Non-Defaulting Party" means the party to this Agreement that has not defaulted as provided for in Section 29 of this Agreement. "Option" means the exclusive right granted to Lessee by Lessor to lease the Leased Premises pursuant to Section 2 of this Agreement. "Option Fee" means the sum of $500.00. "Option Period" means the twelve. (12) month period commencing on the date of this Agreement. "Renewal Term" means a period of five (5) years commencing upon the expiration of the Initial Tenn or prior Renewal Term, as the case may be. "Rent" means the consideration payable by Lessee to Lessor in exchange for the Leased Premises in the amount of $19,440.00 per year to be paid in equal monthly installments of $].,620.00. Rent shall be increased at the commencement of each Renewal Term by an amount equal to fifteen percent (15%) of the Rent in effect for the previous Term or Renewal Term. 10/7/2008 12:17 PM 2. Grant of Option to Lease. In consideration of the Option Fee paid by Lessee to Lessor upon Lessee's execution of this • Agreement, Lessor hereby grants to Lessee the exclusive Option during the Option Period to lease, on the terms and conditions set forth in this Agreement, the Leased Premises. 3. Due Diligence Investigation. (A) Inspection Rights. During the Option Period, Lessee shall have the right to analyze the suitability of the Leased Premises for its intended use. Lessee and its employees, agents, contractors, engineers, and surveyors shall have the right to enter upon Lessor's Property to inspect, conduct, perform and examine soil borings, drainage testing, material sampling, surveys and other geological or engineering tests or studies of Lessor's Property, to apply for and obtain all licenses and permits required for Lessee's use of the Leased Premises from all applicable governmental or regulatory entities, and to do those things on or off Lessor's Property that, in the sole opinion of Lessee, are necessary to determine the physical condition of Lessor's Property, the environmental history of Lessor's Property, Lessor's title to Lessor's Property and the feasibility or suitability of the Leased Premises for Lessee's use as defined in this Agreement, all at Lessee's expense (the "Due Diligence Investigation"). Activities conducted in connection with Lessee's Due Diligence Investigation shall not be deemed to constitute exercise of the Option or commencement of construction of the Improvements. • (B) Temporary Access Road and Easement for Due Diligence Investi ag lion. To facilitate Lessee's Due Diligence Investigation, Lessor hereby grants Lessee and its employees, agents, contractors, engineers and surveyors the right and an easement to construct and use a temporary pedestrian and vehicular access roadway from a public road, across Lessor's Property, to the Leased Premises. The location of said temporary pedestrian and vehicular access roadway on Lessor's Property is shown on Exhibit "B". Such construction shall not be deemed to constitute exercise of the Option or commencement of construction of the Improvements. 4. Termination and Exercise of Option. (A) [Reserved.) (B) Rieht to Terminate Option. Lessee shall have the right to terminate this Agreement at any time prior to the expiration of the Option Period by sending written notice of termination to Lessor. (C) Expiration of Option Term; Exercise of O tp ion. If, upon expiration of the Option Period, Lessee has not exercised the Option, this Agreement shall terminate. Upon such termination, neither party shall have any further rights or duties hereunder. Lessor shall retain the Option Fee. Prior to expiration of the Option Period, Lessee may exercise the Option by either (i) providing written notice to Lessor of such • exercise or (ii) commencing construction of the Improvements. Upon the Commencement Date, the Lease Term shall commence and the Easements shall become effective. Regular Council Meeting -October 21 2008 -Page 196 of 271 5. Lessor's Cooperation. During the Option Period and the Lease Term, Lessor shall: (i) cooperate with Lessee in its efforts to perform its Due Diligence Investigation and to obtain all of the Approvals, including all appeals; and (ii) take no action that would adversely affect the Leased Premises. Lessor acknowledges that Lessee's. ability to use the Leased Premises is contingent upon Lessee obtaining and maintaining the Approvals. Additionally, Lessor grants to Lessee and its employees, representatives, agents, and consultants a limited power of attorney to prepare, execute, submit, file and present on behalf of Lessor building, permitting, zoning or land-use applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. Lessor understands that any such application and/or the satisfaction of any requirements thereof may require Lessor's cooperation, which Lessor hereby agrees to provide. Lessor shall not "knowingly" do or permit anything that will interfere with or negate any Approvals pertaining to the Improvements or Leased Premises or cause them to be in nonconformance with applicable local, state or federal laws. Lessor agrees to execute such documents as may be necessary to obtain and thereafter maintain the Approvals, and agrees to be named as the applicant for said Approvals. Nothing in this Agreement shall in any way interfere with Lessor's regulatory authority over the Leased Premises and the Improvements, and Lessor shall have the same right to consider and approve or deny land use, building code, floodplain, and other applications for the Leased Premises and the Improvements as if Lessor were dealing with real property not owned by Lessor. 6. Authorized Personnel List. Lessee acknowledges that Lessor's Property is used for the storage and delivery of potable water and other sensitive municipal purposes. For security purposes, Lessor shall provide Lessor with a list of the names of all personnel who are authorized to enter onto the Leased Premises pursuant to this Agreement. The list shall be updated whenever a change of personnel occurs. Lessor is authorized to block entry to any personnel whose name is not on the list. This Section shall be interpreted as a right, but not an obligation, of Lessor to police or restrict entry onto the Leased Premises. 7. Lease Term. Effective upon the Commencement Date, Lessor leases the Leased Premises to Lessee for the Initial Term. The term of this Agreement shall automatically be extended for five (5) successive Renewal Terms, unless this Agreement is terminated pursuant to the provisions set forth herein_ 8. Rent. Beginning on the Commencement Date, Lessee shall pay Rent for the Leased Premises. 9. Leased Premises; Survey. Following exercise of the Option and completion of construction of the wireless communications facility on the Leased Premises, Lessee shall provide Lessor with a copy of an "as-built" survey, which shall depict and identify the boundaries of the Leased Premises and the Easements, and replace and supersede the sketch attached hereto as Exhibit "B". The "as-built" survey shall be deemed to be incorporated into this Agreement as Exhibit "C" even if {00011180.DOC /, Town of Mazana/Crown Communications Lease Agreement -2- 10/7/2008 12:17 PM not physically affixed hereto. The description of the Leased Premises set forth in Exhibit "C" shall control in the event of • discrepancies between Exhibit "B" and Exhibit "C". 10. Easements. Conditioned upon and subject to commencement of the Lease Term Lessor grants the following easements and rights-of--way over, under and upon Lessor's Property to Lessee, Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessor's Properly as is reasonably necessary for the construction, repair, maintenance, replacement, demolition and removal of the facility to be located upon Leased Premises, (ii) an easement over such portion of Lessor's Property as is reasonably necessary to obtain or comply with any Approvals; (iii) a thirty foot (30') wide easement in the location shown in Exhibit "B", as may be amended by Exhibit "C", for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for pedestrians and all types of motor vehicles, to extend from the nearest public right-of--way to the Leased Premises; and (iv) a utility easement (the "Utility Easement") in the location shown in Exhibit "B", as may be amended by Exhibit "C", for the installation, repair, replacement and maintenance of utility wires, poles, cables, conduits and pipes, provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit "B", as may be amended by Exhibit "C", at the sole option of Lessee Lessor shall. grant an alternate easement either to Lessee or directly to • the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the "Easements"). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its improvements. .7 11. Lessee's Right to Terminate; Effect of Termination by Lessee. Lessee shall have the right, following its exercise of the Option, to terminate this Agreement, at any time, without cause, by providing Lessor with one hundred eighty (180) days' prior written notice. Upon such termination, this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except that any monies owed by either party to the other up to the date of termination shall be paid within thirty (30) days of the termination date. 12. Use of Property. The Leased Premises, the Easements shall be used for the purpose of constructing, maintaining and operating the Improvements and uses incidental thereto. Lessee may place a security fence, around the perimeter of the Leased Premises. All Improvements shall be constructed at Lessee's sole expense. Lessee will maintain the Leased Premises in a safe condition. It is the intent of the parties that Lessee's wireless communications facility shall not constitute a fixture. 13. Removal of Vegetation. ,Lessee has the right to remove vegetation from Lessor's Property which may encroach upon, interfere with or present a hazard to Lessee's use of the Leased Premises or the Easements. Lessee shall dispose of any removed vegetation. (A) Lessee's Obligation and Indemnity. Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from the Leased Premises in any manner prohibited by law. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the release of any Hazardous Materials on the Leased Premises unless caused by Lessor or persons acting under Lessor. (B) Lessor's Obligation and Indemnity. Lessor shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from Lessor's Property or Leased Premises in any manner prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Materials on Lessor's Property or Leased Premises if caused by Lessor or persons acting under Lessor. 15. Real Estate Taxes. Lessor is a government entity that is not obligated to pay real estate taxes pursuant to current Arizona law. Lessee shall pay any and all real estate, personal property, or in-lieu taxes relating to Lessee's use of the Leased Premises, including without limitation any Government Property Lease Excise Taxes (see Arizona Revised Statutes § 42-6201 et seq., as they may be amended) attributable to the Leased Premises and/or the Improvements constructed by Lessee. Violation of this Section by Lessee is a material breach of this Agreement 16. Insurance. Lessee, at Lessee's sole cost and expense, shall. procure and maintain on the Leased Premises and on the Improvements, bodily injury and property damage insurance with a combined single limit of at least $1,000,000.00 per occurrence, which shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Leased Premises, all as provided for in this Agreement. Within thirty (30) days following the date this Agreement is entered into, Lessee may, at its option, (i) provide Lessor with a certificate of insurance evidencing the coverage required by this Section, or (ii) provide electronically to Lessor a uniform resource locator link to access Lessee's memorandum of insurance web site evidencing in order for Lessor to review the coverage required by this Section. In addition, at all times during the performance of its Due Diligence Investigation and during the Lease Term, Lessee, at its sole expense, shall obtain and keep in force insurance which may be required by any federal, state or local statute or ordinance of .any governmental body having jurisdiction in connection with the operation. of Lessee's business upon the Leased Premises. 17. LReserved.l 18. Eminent Domain. If Lessor receives notice of a proposed 14. Hazardous Materials. taking by eminent domain of any part of the Leased Premises or Regular Council Meeting -October 21, 2008 -Page 197 of 271 the Easements, Lessor will notify Lessee of the proposed taking {00011180.DOC /} Town of Marana/Crown Communications Lease Agreement 10/7/2008 12:17 PM -3- within five (5) -days of receiving said notice and Lessee will have the option to: (i) declare this Agreement null and void and • thereafter neither party will have any liability or obligation hereunder; or (ii) remain in possession of that portion. of the Leased Premises and Easements that will not be taken, in which event there shall be an equitable adjustment in rent on account of the portion of the Leased Premises and Easements so taken. With either option Lessee shall have the right to contest the taking and directly pursue an award. 19. )Reserved.l 20. Sale of Property. Any sale of all or part of Lessor's Property during the Option Period or the Lease Term shall be under and subject to this Agreement. 21. Surrender of Property. Upon expiration or termination of this Agreement, Lessee shall, within a reasonable time, remove all Improvements and restore the Leased Premises as nearly as reasonably possible to its original condition. 22. Recording. This Agreement shall not be recorded. However, Lessor agrees to execute and deliver to Lessee a Memorandum of Agreement in the form attached to and incorporated by this reference in this Agreement as Exhibit "D" and acknowledges Lessee's right at Lessee's sole option and cost to record the Memorandum of Agreement in the office of the Pima County Recorder. • 23. Hold Harmless. Each party shall indemnify and defend the other party against, and hold the other party harmless from, any claim of liability or loss from personal injury or property damage arising from the use and occupancy of the Leased Premises or Lessor's Property by such indemnifying party, its employees, contractors, servants or agents, except to the extent such claims are caused by the intentional misconduct or negligent acts or omissions of the other party, its employees, contractors, servants or agents. u 24. Lessor's Covenant of Title. Lessor covenants that Lessor holds good and marketable fee simple title to Lessor's Property and the Leased Premises and has full authority to enter into and execute this Agreement. Lessor further covenants that there are no encumbrances or other impediments of title that might interfere with or be adverse to Lessee. 25. Interference with Lessee's Business. Lessee has a non- exclusive right to construct, install and operate wireless communications facilities that emit .radio frequencies on Lessor's Property. Lessor retains the right to permit .the construction, installation or operation on Lessor's Property of any additional wireless communications facilities; provided, however, that Lessor shall not permit the construction, installation or operation on Lessor's Property of any equipment or device that interferes with Lessee's use of the Leased Property for a wireless communications facility unless that equipment or device primarily serves or benefits public safety (police, fire, ambulance) communications. If Lessee is unable to continue to operate its facilities on the Leased Premises as a result of Lessor allowing public safety communications on Lessor's Property, Lessee's sole remedy is to exercise its right Regular Council Meeting -October 21, 2008 -Page 198 of 271 greement. essee {00011180.DOC /} Town of Mazazia/Crown Communications Lease Agreement -4- to terminate this Agreement under Section i 1 of this Agreement. 26. Ouiet Enioyment. Subject to Lessor's rights set forth in this Agreement, Lessor covenants that Lessee; on paying Rent and performing the covenants of this Agreement, shall peaceably and quietly have, hold and enjoy the Leased Premises and Easements. 27. fReserved.l 28. Title Insurance. Lessee, at Lessee's option, may obtain title insurance on the Leased Premises and Easement. Lessor shall cooperate with Lessee's efforts to obtain title insurance by executing documents or obtaining requested documentation as required by the title insurance company. 29. Default. In the event that there is a default by Lessor or Lessee (the "Defaulting Party") with respect to any of the provisions of this Agreement or Lessor's or Lessee's obligations under this Agreement, the other party (the ``Non- Defaulting Party") shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have thirty (30) days in which to cure any monetary default and sixty (60) days in which to cure any non-monetary default. The Defaulting Party shall have such extended periods as may be required beyond the sixty (60) day cure period to cure any non-monetary default if the nature of the cure is such that it reasonably requires more than sixty (60) days to cure, and Defaulting Party commences the cure within the sixty (60) day period and thereafter continuously and diligently pursues the cure to completion. The Non-Defaulting Party may not maintain any action or effect any remedies -for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided in this Section. 30, (Reserved.l 31. Aunlicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Arizona. The parties agree that Pima County, Arizona shall be the venue for any litigation regarding this Agreement. 32. Assignment, Sublease. Licensing and Encumbrance. Lessee may .not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Leased Premises without the prior written consent of Lessor; provided, however, that (i) Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement, and (ii) Lessee has the right, at its sole discretion, to sublease or license use of the Leased Premises, Easements and Improvements to a communications company for the purpose of placing and maintaining communications facilities on or in the Improvements. Upon assignment, Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Lessee's obligations under this A L shall promptly provide Lessor notice of 10/7/2008 12:17 PM sublease or license, including the Lessee's or licensee's contact information, so that Lessor may at all times be apprised of those who are authorized to enter the Leased Premises. Lessor may assign this Agreement, which assignment may be evidenced by written notice to Lessee within a reasonable period of time thereafter, provided that the assignee assumes all of Lessor's obligations under this Agreement. This Agreement shall run with the Lessor's Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Upon request to Lessor from any leasehold mortgagee, Lessor agrees to give the holder of such leasehold mortgage written notice of any default by Lessee and an opportunity to cure any such default within fifteen (15) days after such notice with respect to monetary defaults and within a commercially reasonable period of time after such notice with respect to any non-monetary default. 33. Miscellaneous. Entire Agreement. Lessor and Lessee agree that this Agreement contains all of the agreements, promises and understandings between Lessor and Lessee. No oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. Captions. .The captions preceding the Sections of this Agreement are intended only for convenience of reference and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter and that this Agreement shall not be construed as a binding offer until signed by Lessee. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is .refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice Address and to Lessee at Lessee's Notice Address. Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Cancellation for Conflict of Interest. This Agreement is subject to A.RS. § 38 511, which provides for cancellation by Lessor in certain instances involving conflict of interest. IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the 21 S` day of October, 2008. ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Ed Honea, Mayor LESSEE: CROWN COMMUNICATION, INC., a Delaware corporation • By: Witness LESSOR: TOWN OF MARANA, an Arizona municipal corporation By: Date: Print Name: Print Title (if any): Date: Regular Council Meeting -October 21, 2008 -Page 199 of 271 {00011180.DOC /} Town of Marana/Crown Communications Lease Agreement -5- 10/7/2008 12:17 PM STATE OF SS County of ) The foregoing instrument was acknowledged before me on October _, 2008, by , the of CROWN COMMUNICATION, INC., a Delaware corporation, on behalf of the corporation. My commission expires: • Notary Public {00011180.DOC /} Town ofMarana/Crown Communications Lease Agreement 10/7/2008 12:17 PM Regular Council Meeting -October 21, 2008 -Page 200 of 271 _ 6 _ EXHIBIT "A" [Label areduced-size copy of the recorded Hartman Vistas plat as Exhibit "A" and insert here] S • r {OOff3~Q6tl~cil Meeting -October 21, 2008 =1ASa~fl~P~laDfrfdR~rown Communications Lease Agreement 10/7/2008 12:17 PM Exhibit A EXIIIBIT "B" [Label site sketch, including access road to Leased Premises, as Exhibit "B" and insert here] • {0003~8,~8Y~Q6tl~cil Meeting -October 21, 2008 11a8~P8~~~rown Communications Lease Agreement 10/7/2008 12:17 PM Exhibit B EXHIBIT "C" [Label as-built drawing of Leased Premises, including access road, as Exhibit "C" and insert here] • C ., {0003~d,Q6t1~Cil Meeting -October 21, 2008 TPS~PH'&ofi~27t1rown Communications Lease Agreement 10/7/2008 12:17 PM Exhibit C EXHIBIT "D" • When. recorded, return to: CROWN CASTLE USA INC. Attn: Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317-8564 MEMORANDUM OF LEASE APN: 221-06-4010 Txls MEMORANDUM of LEASE is entered into on this 21St day of October, 2008, by and between the Town of Marana, an Arizona municipal corporation, whose address is 11555 W. Civic Center Drive Marana, AZ 85653 ("Lessor") and CROWN COMMUNICATION, INC., a Delaware corporation, with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564 ("Lessee"). All of the following are provided for more fully in the Agreement: 1. Lessor and Lessee entered into an Option and Ground Lease Agreement ("Agreement") dated as of October 21, 2008, for. the purpose of Lessee undertaking certain investigations and tests and, upon finding the Leased Premises appropriate for the purpose of installing, operating and maintaining a communications facility and other improvements ("Improvements"). 2. The term of Lessee's tenancy under the Agreement is for five years commencing on the commencement of construction of the Improvements or upon Lessee's exercise of the Option, either of which must occur within one year after the date of the Agreement (the "Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five successive five-year options to renew. • 3. The Leased Premises, which is the land that is the subject of the Agreement, is a 25-foot by 40-foot portion of the Lessor's Property at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as described in the sketch attached as Exhibit "A" to and incorporated in this Memorandum of Lease by this reference, including appurtenant utility and vehicular access. IN WITNESS wxEREOF, the parties have executed this Memorandum of Agreement as of the date first written above. Lessor: TowN of MARANA, an Arizona municipal corporation Lessee: CROWN COMMUNICATION, INC., a Delaware corporation By: Ed Honea, Mayor Date: By: [Printed Name, Title] Date: ATTEST: STATE OF ~ ss County of ) Town Clerk The foregoing instrument was acknowledged before me on October _, 2008, by the of CROWN COMMUNICATION, INC., APPROVED AS TO FORM: a Delaware corporation, on behalf of the corporation. • My commission expires: Town Attorney Notary Public {0003~~80g6Q6ttbcll Meeting - OctObef 21, 2008 ITdBge~E6Qaofn21t1rown Communications Lease Agreement 10/7/2008 12:17 PM Exhibit D }~Y ~3 2 g„ fC~ 9a€°. ~~IIIU- ~ • • J a~6E3p~~@ ~ ~~ ~ ~ yg3~5 i U 8b S1N3WWOO 1N3110 BO/ZO/LO Z 8b lblllW9lIS ddb-3ild BO/ZZ/90 I SNOISIA3tl U I m o_ ~ 6 g ~ Q W Q Q O w m 8 N b m o .~~, N v, ~ O W w W T ~ 1 m0 W m Q N ^~ O~ ~I N N ~ 4 W ~ m Jr m ,z5o3 0 ~ ao 3 ~ ' < ~mN W W DUO U N J ~ N wHm ~ N 2 6 Z ~ Q 4 O Z i-r _v~ O w j N w O ~ ~ N ~ tt 2 ~ N J Q W > W J O ti in O w Z ~ Q I I I I I ? 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 5 From: Kevin Kish, AICP ,Planning Director Subject: Resolution No. 2008-142: Relating to development; approving and authorizing a preliminary block plat for The Villages of Tortolita, blocks 1-48, well sites 1 & 2, and common areas 'A' through 'H,' 'J' and 'K' Discussion: History and Request The applicant is requesting approval of a preliminary block plat comprised of 48 blocks, well sites l & 2, and common areas 'A' through 'H,' 'J' and 'K' on approximately 1,687 acres. The • additiona193 acres of industrial designated land use approved in the specific plan is not included in this preliminary block plat. The preliminary block plat was presented to the Planning Commission on September 24, 2008. The Commission unanimously recommended approval to the Town Council. On April 3, 2007, the Town Council adopted Ordinance 2007.09 approving a rezoning to Zone "F" (Specific Plan) creating The Villages of Tortolita Specific Plan. A development agreement has not yet been adopted for the proposed development. On September 16, 2008, the Mayor and Town Council approved Ordinance 2008.22 amending Condition No. 2 of the rezoning Ordinance to allow the applicant to defer the adoption of a development agreement until prior to the approval of the first final plat or development plan for the project. Location The proposed preliminary block plat is located east of I-l0, approximately l/8 mile north of the Marana Road Interchange and extends north into Pinal County to approximately 4/5 of a mile south of Missile Base Road. Project Description The Villages of Tortolita Specific Plan provides for a target count of 6,500 dwelling units for the entire development. The land use designations within the Specific Plan provide for a variety of residential, commercial, mixed-use, and open space and recreational opportunities. the residential designations provide for a range of lot sizes for single-family homes including 2,500 square feet within the Medium-High Density Residential (MHDR) land use designation to 6,000 square feet within the Medium-Low Density Residential (MLDR) land use designation. The Medium-High Density Residential (MHDR) land use designation allows for a variety of multi- • family development options. The Mixed-Use designation allows for a variety of single-family and multi-family residential uses as well as many options for food service, business and office, institutional, retail and service, and recreational uses. Various forms of open space ares are Regular Council Meeting -October 21, 2008 -Page 209 of 271 • planned to provide residents and the local community with outdoor recreational opportunities. The plat proposes approximately 360 acres of Medium-Low Density residential, 743 acres of Medium Density Residential., 62 acres of Medium-High Density Residential and 251 acres of Mixed-Use. Approximately 130 acres is designated as common area on the proposed preliminary block plat. The majority. of the common area and open space shown on the block plat is intended to convey drainage. The approved Specific Plan requires a substantial amount of functional and active open space that will be addressed during the platting of the individual blocks. The developer has proposed five (5) phases of development to allow The Villages to grow based upon logical infrastructure and market sequences. The current phasing plan indicates that the initial group of blocks to be developed will be located generally adjacent to, and southeast of, the new interchange. Access and Circulation The primary access for The Villages of Tortolita will be provided via Tortolita Boulevard, a developer constructed an interchange and the connecting bridge over the adjacent Union Pacific Railroad located between the Marana Road Interchange and the Air Park Interchange. Pursuant to the conditions of rezoning, the interchange must be completed within the first phase of development prior to the occupancy of any house or commercial building. Tortolita Boulevard will provide a connection to Tortolita Mountain Parkway, which will serve as the spine road for this development and will provide a linkage from Missile Base Road at the north end to Cochie Canyon Trail in the San Lucas development at the south end. The developer shall dedicate, or cause to have dedicated, the necessary right-of-way for Tortolita Boulevard and Tortolita Mountain Parkway. • Other roadway improvements as required by the development agreement and based upon the data and findings of the accepted traffic impact analysis and other traffic studies will be required at the time of platting of the individual blocks within this project. The developer will be required to pay all applicable transportation impact fees at the time of building permit issuance. Infrastructure The developer will be required to prepare a master water plan for the project, and must enter into a water service agreement with the Marana Municipal Water Company prior to approval of the final block plat. This agreement will address potable and non-potable systems and set forth the various agreements of the parties relating to, among other things, the interconnection and main extension from the existing water system and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the development. All lots are proposed to be connected to the public sewer system. The developer will. submit for review and approval a Sewer Master Plan prior to recordation of the Final Block Plat.. The Sewer Master Plan will define the necessary wastewater conveyance scheme to connect to the existing wastewater system in a location acceptable to the Town and Pima County. The Sewer Master Plan shall also identify the necessary on-site conveyance scheme to provide sewer connection to all of the platted lots or blocks within the development. The sewer Master Plan shall include a sewer phasing plan that is acceptable to the Town and Pima County Wastewater Management. Parks and Recreation The Villages of Tortolita will be subject to the Town of Marana on-site recreational requirements • as defined within the Land Development Code. Pocket parks will be provided throughout the development, and will be developed in conjunction with the individual subdivisions. Design and construction standards, type and number of amenities and phasing shall be approved by the Regular Council Meeting -October 21, 2008 -Page 210 of 271 • Parks and Recreation Director and the Planning Director. The specific plan requires the development of a community park, which will be constructed by the developer and dedicated to the Town of Marana. It is anticipated that the community park will be developed in the vicinity of the intersection of Tortolita Boulevard and Tortolita Mountain Parkway. Many of the natural washes throughout the development will serve as multi-function open space corridors. The specific plan delineates amulti-use open space corridor along the western boundary of the development that will function as a regional linear park as well as a drainage system and critical buffer area. The buffer area will include a 10-foot high screen wall designed to mitigate the potential impacts of the railway operations and I-10 vehicular traffic. This area will also be constructed by the developer and dedicated to the Town. This development will be subject to the adopted Park Development Impact Fee. The park impact fee credits, as well as the timing of the dedication of the regional park(s) to the Town will be addressed within the development agreement. Impact Fees The developer will be required to pay all applicable park and transportation development impact fees at the time of building permit issuance. The developer has voluntarily offered to contribute a fee per residential unit to mitigate the effects of the proposed development on the Marana Unified School District and the Red Rock School District. ATTACHMENTS: Name: Description: Ty_ pe: ^ Resolution 2008-142 _Villages of Tortolta_PBP,_do_c Resolution Resolution ^ Applcato~df Application Exhibit • ^ Locaton_.pdf Location Map Exhibit ^ Villages of Tortolita PBP jfinal~pdf Plat Reduction Exhibit ^ Phasing Plan.~df Phasing Plan Exhibit Staff Recommendation: Staff has reviewed the proposed preliminary block plat for compliance with The Villages of Tortolita Specific Plan, conditions of the approving Ordinance (2007.09), and the Marana Land Development Code. The proposed plat is in substantial conformance with all applicable development regulations. Staff recommends approval of the preliminary block plat subject to the following conditions: l . An accepted drainage solution based upon current FEMA regulations and Town of Marana requirements must be completed prior to the issuance of any grading permits or approval for any disturbance within this project. 2. Prior to the final block plat proceeding to the Mayor and Town Council, the developer shall provide the Town with a copy of a fully executed agreement with the Arizona State Land Department agreeing to accommodate any proposed off-site drainage onto State land associated with this development. 3. The developer shall provide the Town of Marana Planning Department with evidence that El Paso Natural Gas has accepted both the sewer system design as well as on-site and off-site drainage as they impact El Paso's right-of--way or easements. • Suggested Motion: I move to approve Resolution No. 2008-142, approving the preliminary block plat for The Villages of Tortolita, Blocks 1 through 48, well sites 1 and 2, and Common Areas "A" through Regular Council Meeting -October 21, 2008 -Page 211 of 271 • "H," "J" and "K", subject to the conditions recommended by staff. • • Regular Council Meeting -October 21, 2008 -Page 212 of 271 MARANA RESOLUTION N0.2008.142 RELATING TO DEVELOPMENT;. APPROVING AND AUTHORIZING A PRELIMINARY BLOCK PLAT FOR THE VILLAGES OF TORTOLITA, BLOCKS 1-48, WELL SITES I & 2, AND COMMON AREAS `A' THROUGH `H', `J' AND `K' WHEREAS, Morrison-Maierle, Inc., representing the property owner, TMR Investors, LLC, has applied for approval of a preliminary block plat for 1,687.23 acres, including Blocks 1 through 48, well. sites 1 and 2, and Common Areas "A" through "H," "J" and "K", generally located east of I-10, approximately 1/8 mile north of Marana Road in portions of sections 6, 7, 8, 16, 17, 21 and 22 in Township 11 South, Range 11 East, and a portion of Section 31 in Township 10 South, Range 11 East; and WHEREAS, on Apri13, 2007, the Mayor and Town Council approved and adopted rezoning Ordinance 2007.09, creating The Villages of Tortolita Specific Plan; and • WHEREAS, the Marana Planning Commission at their regular meeting held on September 24, 2008 voted 6-0 to recommend that the Mayor and Town Council approve said preliminary block plat; and WHEREAS, the Town Council, at its regular meeting on October 21, 2008, determined that the preliminary block plat for The Villages of Tortolita should be approved. NOW, .THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary block plat for The Villages of Tortolita within The Villages of Tortolita Specific Plan area is hereby approved subject to the following conditions: 1. An accepted drainage solution based upon current FEMA regulations and Town of Marana requirements must be completed prior to the issuance of any grading permits or approval for any disturbance within this project. 2. Prior to the final block plat proceeding to the Mayor and Town Council, the developer shall provide the Town with a copy of a fully executed agreement with the Arizona State Land Department agreeing to accommodate any proposed off- site drainage onto State Land associated with this development. 3. The developer shall provide the Town of Marana Planning Department with evidence that El Paso Natural Gas has accepted both the sewer system design as well as on-site and off-site drainage as they impact El Paso's right-of--way or • .easements. Regular Council Meeting -October 21, 2008 -Page 213 of 271 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of October, 2008. ATTEST: Jocelyn. C. Bronson., Town Clerk • Ed Honea, Mayor APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 214 of 271 i. • ~'~,,. TOWN OF MARANA BAR' A ~ ' ~ ' Planning Department ~ - / 1 ~ 11555 W: Civic Cenier Dr. Martina Az 85653 X520 t 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION 1. TYPE i7r ~~PPL)<CAT10N (Check one) Preliminary Plat o Gen~z ~,I I'I n Arnendr,rent o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Dev~elopmentPlan o RezonelSpecific Plan o t~tlser o Landscape Plan o Significant band Use Change a Native Plant Permit o Minor Land Division __ 2. GENERAL D,iTA m~-.. ~ - .-,~__ RE UIRED A'ssessor's Parcel Nuxnber(s} See Att~hed ~-- Genera]: Plan I2esig-,ation " ~~. M{7E~ ~ GC n beeonfinned b ;e,i f7 Gross Area (AcrelSq. Ft.) ,l: fi$~,~~ Curfent Zoning F (Specific Plan] o ~ canf~rmed b sta DevelopmentlProject Name villages o€ Tortolita Proposed Zoning N!A Project Location East of l-10 Description of Project preliminary Block Flat for the Villages of Torttilita Specific Plan Property C)wner TMR Investors, LLG Street Address 85(}1 N. Scottsdale road, Suite '165 City State: Zip Dade Phone l~rumber Fax Number E-Mail Address Scottsdake ~ 85253 484-947-5900 480-947-5335 one gj s{u3sunamericagro Contact Person. Phone Number Gary Jones 480-443-5600 x 1U2 Applicant Nlorrison-Maiete, knc. Street Address 8710 North Thorrlydale Road, Suite 140 City State Zip Cale Phone Number Fax Number E-Mail Address Tucson AZ 85742 520-572-5400 520-572-5401 jmercer@m-m.net Contact Person .Jason Mercer Phone Number 520-572-5400 Agent)Representative Morrison-Maiede, Inc. Street Address 8710 North Thornydale Raad, Suite 140 City State - Zip Code PhaneNumber Fax Number E-Mail Address Tucson AZ 85742 520-572-5400 520-572-5401 mercer a~?m-rn.net Contact Person Town of Martina Jason Mercer Business License Na. 11486 3. AtJT1~ORILATION OF 1'ROPERTI' OWNER 1, the undersigned, certify that ail of the facts set Forthinthis application are true tc~ t 7e best ofmy knowledge and that I amritber the owner of the property or that I have been authorized in ~ ritiu_ by the owner to file this :application and checklist. (lf na# owner of record, attach written authorization from the owner.) ~f. -a.. Cr'- ~ t ~ ~ Y~~ 4 ~ ^T _~{{^ ~ +, a iC ~ ~RS +~r ,i GrwC f3 v PnntNameofA ~licantlA ent Si afore Date X:ISHARED FILESiReview CliecklistlApplcation.doc May 2005 Regular Council Meeting -October 21, 2008 -Page 215 of 271 • • • •. Tie Villages cif Tor#alt~a P1 Prel~m~nary BIoc1~ at ~~~ '°~`°~,~~'~'.~''` CASE PRV-07136 TU'b'~N OF h4ARr",„ttlA ~i \~ o The `~hllaye<: of Tortolita 1N HARDIN RD W HA RDIN RD c> ' ~ W KIRBY HUGHES hC p 1N SAGEBRUSH RD r N _ ~ Z w W MARANA RD 2 z c`~ o ~ . ~RQ„P ~ ~~ O~,AC W GRIER RD ~ ~ Q o n ~, ~~ W BARNETT RD Q z '•"F,p ~ S T~ Z ~ `- ~?~ O ~ (Y CL VJ MOORE RD _, ~ ~`~ b u' 7- .S - L l ~ ! ~~$ ~ ~~ ~<~ R/~ Z 'QO ~F qR~,,c ~'~'O 'v~'TitJGERINE RL~ ~ RequeS# 0 3750 7500 ft. A request for approval of a Preliminary Block Plat for Blocks 1-48, Well Sites 1 2, and Common Areas 'A' through 'H', ',1' and 'K'. Hate Disctaimer. The Town of Marana provides Phis map information `As Is' at the. request of the user with the understanding that is not guaranteed to be aa~rate, correct ar com late and:c~ndusions drawn from such information are the resp~siWiity of the user. In ~ event shall The Town of tvtarana become Itabte to users of these data, or anyy o~er party, for any lass or direct, indirect, special,inadental or crortsequen#ial damages, iriduding but not limited to 8me, money or goodwill, arising from the use or;mod'~frcatwn of the data. • • ~ N -N+ O tp (~ >m~ nix °m'i x ~ ~ t"% Cf1 mz Nvm° m° $ a D Do x ~k 2 ~oF ~D°v z° ~ m ocW cym mgs z v ~ D c ~ m ...I CZ'12'1 Z z z y y m z r..Zij y m 1,. 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V D O D~ Z N r ~~~~~~m Zo~°'D~~O D Z D n „~~'n~ ja,~~ ~-1cyc~-1 ~ ~ ~ D~DN ;.~ ,..~ Nmni'i~~' O 0 0-'o^'r y~ ~~D~~ D m< ~ m o ~ m ~ s ~ A 'a ,'0 O ~ 37C ' /Q j / ~ A c~~' ~ r ~ N; ~ ~ ~ ~ ~ \. ~ ~ > ~ / ~ /O/~~^ ~ ~ Ire ~ '~ ` ~ z Z ~ ~ I W ~ ~ C L/ ~ N 1O «3~ I' W _,'I ^-~'~~\ ~' %~ ~ // ~o ~ \•.\ I ~ it I~~~ I ~ ~~ ., ~ 1 ~J~ I m _ ,~ ` ~~ /lI ~\ ~- ~ ~ ,^ .'~~ ~. ~o Dec t- G « fn N I '! ~ / `~ / ~y~ /` ~ / ~/ /, t I~ ~i~'~7~0- it = II ~ I ~ I ODD I z o '~ °o°-m nZi\\ `"'A ~ ~, ~ J <C / ` ~ / -'mom ~ ~ I No `~.\ ZGt I~,._ ~ for/ \~( li u~~ ti~ ./ I o~~~~~~, / N° ~ I I ~\ mu ._~'1 Cy '~ \ cVOm~x in !N` ,~N ~tn~ nom,. / ~~o~ I~ I ~` o \ \ NO, ~ I W ,gym f -' ~ } ~.~ ~`~ -~\:, ~\~,i\~0 ~ ~ MATCHLINE (SEE SHEET 15)% ~ I r • • • `~~ \ \ ~ ~ L ~ ~_ ~~ , / M A T C H L NI N E (SEE SHEET 79) / '+ I ~'''~~1~ `.N /\\.~ S \- ,'.. ~~ 1 \.~ _ \Q~A n~/~ ti / /1.r_;1 ~. p66~ -- ~- _,( I 1 Sao , \ \ ~\~ ~ ~, :\ C ~~ ~ z g u-Oi ~~ g ?~ rn in -f' I ~~~' ~ ~ I ~~ I ;~ ~ \\ 4S ~j7 -.~y - (`_,l ~ C~ \ ~'\~\ 1 V V rn ~ C oo ~o ~ 1 q ~J ~Ny '~ ~, S~ \ ~ @~ ~ ~ Z N WON ' ~'\ /` / / ~ +N `- _ I / ~ ~ "~\\~~ t m ~ }~~ ~ ~ / /i ~ SECTION LINE ~ I ' O ~~/ / ly \ ~`\i. D w ``'~ o ~' ,w~ w 066 /"' \ /i.r ?\ I ~I oz-ICnmzrn ~ \\~ \ ~!l"~ ~, "' ~ ~mJ/ N i ~ I D.~ n~~,e I ~ ~omw~DO~ \ \~i'~~\ G• a i~ co i'? ~ g6~ ~ m m m 1c ~ ~•. \ ~ ° \\14'° t o, rn ' ~ rri ! _~- 1992 ., ~ '- ~ \ aa~m a 3 ~~~ ° ~ 5.7 o-ci~m~c~-~Di~ '\~xr,~ \\ m'o0.~, ~;~ '/ ~` `°ti .i~c ,J i~ -'-' r / N ~_I & --- ~~ ~ = teal p .\ lO~~~mD ~ / \ x ~~ ~ (~`\~ moo. 1994 rF'" / / z ,`I_ a^~q+ ~~,o ~I°~"'" '/'~\~~cmi~~ o /1~z Ino ~ \u J1~ o ~../ Ai-^~ Z ! ~b ~6 _ ),P (lf G~ / IK BOO \ Z~ SAO l/ $ ~ ~ 1`~I ~' ~ Q m,n~o=/ °=_ X4','0/ ~,°; ``~~1y,~} ~ .1996- ~j,) ~ _ ~ I t I 1988 -'~'~ ~-~ N N N 'D y ~ ~" ~ ~J/ .J ~ °~ ~ / ~~. ~~ \~ ~a N , Z \ "\\\ Ott ~` Z\`-~,~ t ~-/ t! ~ r- ° ~\ s~ ~ / , -~\ \\ \\\ \ S 1998 --~-- ~ I 66 L \ w \ \ \ ~ ~ ~ - - \\l- \ ` I .AA I /~(~~ ~ .----~ \\~~_ /~°,' / moo,' _•.viw \ ~~~ \,,~ ~l~~tin,~~~-/_ \ _~Y '~ S \ w Z _ °\ ~~ _ I .1~X \ ~ ~ 1 © ..a \I ,\ / Fi'~9,~Cp~'Q F ~~ ~ Cit o ~\ \\ r-,~ s~ ~~~v ~-- l ~, ~ N I\ ` \ ` J ~ m ~ ~ /" Cst a \ ~\ ~ 1 !' t ~- 2002 / \ a m o I \ \ 94 ~ SV\' nmp\f ~9 ~ ~\~ (i.~o N // J~ss~~-'`\>' `IAN ~ '~~~,.\\\ ~.~ y~z~_ I l ? \ ~ `,N A ~.~ \ 3 ~ ~ \ c1r'~ y / S. ~J. \ ~'t ~`S _.-- 20 4 -f' I t Z / ~ l •ss. ~, _ ~t C I oo \ c,~ ~ ,~ ~} \ / ~` l\~\ \\\ / \ / I fit o~ ( ~K~~ / I ~ -i C "~ w ~ ~ 01' K u ~~l ~ ~ / / \ ,~(\ ~ \ --~ 200 i m I I tJ1 C7 (n D ~ '~ ~~ ~m ~p '~ \~v °V' ~ ~,( `~ f foQx ~'O-m-"*ixD ~ S\ \\ N 1 Z~ IO..~ fT~ I ~ N ~ / $ nTI ~ \ ~ pw Q1Q I ~ C ^v~ 1 c 'y ~~. ~.~ / -r r ~ ,1 0\\ / / ~o oz vrn p~s rv\\\\_ \\\ ~\- ~ % _ ..~ :iJ ~ ; ~ ~ ~, f tip / \\ \?3 l n o ~ a ~' ~ ~ ~ 11 ~\ \\\ ~ D z/~ \ ~\ \ h ~, i I `\ r : '~7~, _" ro ~ m r^ \` ~ \ \~ mod. 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'1 J ` / / ~-~,A ; _ / ';1 / ` M A T C H L I N E (SEE SHEET 17) ~ ~ 'l .~ \ ti • • • /~~ ~ ~ ~ M A T C H L I N E (SEE SHEET 16)' i- ~ "' `" ` ~ `°do~\~~ ~+~- , ~ "/ ' ~ ~ 1111 r / \~\ S / a ~~~ ~ ` ~ N ~ ' ~,~ ~ a~ ~, g ~ O ~ ~ 1 ~ _ _ _ ~ -~ ~ ~ ^ o ~ J ~ ~ '~ ~ g` -i.' cn z ~ vii ,~ ' ~ ~ .i i ~ ~ L ~ J 23 n g y aW w «~~ ~~ \ ~- o N / ~~~ \ m~ J ~ \ j <co rno cow ~ ` ~ ~ ~" --~ / SECTION LINE ~ n ,i (m m ~ ~ ~ ~ m v ~~ ~ V v 11 r D p/m v / o m $~~ a A~j ' ' \ / \\ /, DNym / ~~ / / \ ~ ~ )`~~,,, ~ Z `lJ• r~'~ 1 a ~ am ~~ ~ m ° N 1 ~ O ~ "~ ~ / \ '- / \~ .' 1984 •'f-;~-S '•1 e ~ •~,~ S g ono ( - z~~ o~ ~ / \~ yy 1,Q, ~"~ ~~ c~ Amy ` ~ /~ N _ -~ ~ T lr~ ~ t`\\\ \\ ~~~-"' S < ~ ~ S ~ ~^ / ~ ~ . ~ / C ~ ~\ 1986 .~ ti ~;~ i II ~ ~ ~ Z f °i 11 --~- p ~ Ig 4 ~ 7 ~, ~. ? \ 1 ~ ~ / l i ~ \ l ~ {~- ~ -~ \~ f 0661 / IT %' ;;` ',/ ~ \ wl`3 80 t y `'`~ \~ // I ~ ~ 0~6\ J / / ,~e~ r \~ ( ~ ~~ \\ 066~~~ ~o° 0~1~- T r / i `~ ~~`` r: ° ^ ~ z ~ ~ -~ ( Ili- \ - -~ ~ -~~~' ~ ~ D ()/ i / 1~'\ ~ ~~~~_ ~ 1986 -- ~~ ~ ~ ~ ~ / pp• / ~ -- I ~~f/ c6si t~ f ~ ~ i r ~ / % / / IC ~ ~, I of i` D ~~~ r~ /~ppZ ° `"~ . ~ ~ 1980 ~ , , (~ ~ (, r J ` ' to// IV ./ r ~ ~ , .~ / ~ J :I / / r t r A~ I ~•P C-~'0 ~ ' c\ l r° I ~ / it ~~ '~~ a z~~ ~J S ( ~ ~ °o ~' i it / ~ ~ t~E mrno-• ~ , g ~ ~ / r ~' ~ ~3~. 1 ~ /, ~z~w•~', ( Woo /<~°~ ~~G'v~~ ~ooti / t ~ r. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 6 From: Kevin Kish, AICP ,Planning Director Subject: Resolution No. 2008-143: Relating to development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 1-61, Common Area 'A' (Private Streets), and Common Area 'B' (Functional Open Space) Discussion: History and Request: The applicant is requesting approval of a preliminary plat fora 6l -lot single-family subdivision, comprising Lots l -6l and, Common Area 'A' (Private Streets) and Common Area 'B' (Functional • Open Space). on approximately 42.54 acres. The preliminary plat was presented to the Planning Commission on September 24, 2008. The Commission unanimously recommended approval to the Mayor and Town Council. On April 17, 1990, the Mayor and Town Council adopted Ordinance 90.11., the Foothills Specific Plan. The Foothills Specific Plan area encompasses approximately 396 acres inclusive of the subject property of the proposed Tapestry Estates, Lots 1-61. The adopted specific plan assigned a land use designation of Medium-Density Residential to the land area of the proposed preliminary plat. The Foothills Development Agreement was adopted by the Mayor and Town Council by Ordinance 2006-199 on December 5, 2006. Location The project is located on the south side of Heritage Club Boulevard, approximately one mile west of Thornydale Road, and 1/2 mile north of Moore Road in the west half of Section 30, Township 11 South, Range 13 East. Project Description: Pursuant to the Development Agreement, a maximum of 35 acres (excluding road rights-of-way) may be developed as 'Medium-Density Residential" and consist of asingle-family detached residential use on individual lots containing an average lot size of 16,000 square feet and a minimum of 12,000 square feet. The Agreement allows for a maximum of 95 residential lots to be developed within this medium-density residential area. The agreement specifies that the development standards applicable to the Town's standard R-12 zoning designation shall apply to this portion of the development and effectively supersede the corresponding development • standards approved with the specific plan on April 18, 1990. This proposed preliminary plat comprises the first phase of the Tapestry Estates project and Regular Council Meeting -October 21, 2008 -Page 253 of 271 • contains a gross area of 42.54 acres inclusive of public and private rights-of-way for Tortolita Foothills Drive as well as the private streets that comprise the internal circulation for the project. Lots 1-61, Common Area'A' (Private Streets) and Common Area 'B' (Functional Open Space) are proposed in the first phase. The applicant proposes a minimum lot size of just under 23,000 square feet, a maximum of 40,866 square feet, and an average of 25,147 square feet. Site disturbance will be regulated on an individual lot basis and monitored through the grading permit process. Each lot will be entitled to a standard area of disturbance of 18,000 square feet. A total of one (1) acre will be held in reserve to be allocated, as needed, among the 61 lots yielding a total gradeable lot area of 26.21 acres for Phase 1. The developer will be required to include a legal description and survey depiction with the submittal of a grading permit application for each lot, thus, allowing the Planning Department the ability to monitor and track the cumulative disturbance for the development. The legal description and survey depiction will subsequently be recorded for each lot to help ensure that the Natural Open Space will remain in perpetuity. A total of 8.93 acres of natural open space will be provided with this phase of the development. The applicant will. be submitting a Native Plant Permit for the project that must be approved prior to the issuance of a grading permit for any disturbance to the site. Access and Circulation: The primary access for the development is proposed as a private gated access located off of the proposed Tortolita Foothills Drive. Asecondary /emergency access is proposed off of the existing Heritage Club Boulevard near the west boundary of this project. The secondary access is proposed to be restricted to ingress by emergency vehicles only, and will allow egress by all vehicles. All internal streets within the development are proposed as private streets and designated as Common Area "A". • Infrastructure: The development is proposed to be served by Tucson Water, and all lots will be connected to the public sewer system. Parks and Recreation: The proposed density of this phase of the Tapestry Estates is 1.43 residences per gross acre, and does not meet the 3.0 RAC threshold that necessitates the provision of on-site recreation required by the Land Development Code. . Impact Fees• The developer will be required to pay all applicable park and Northeast Transportation development impact fees at the time of building permit issuance. ATTACHMENTS: Name: Description: Type: ^ Resolutio_n_2008-1.43 T Resolution 2008-143 Resolution _apestry_E_sta_tes,_ 1_-61 PP,d_oc ^ Ap~licaton.pdf Application Exhibit ^ Location__m~~df Location Map Exhibit ^ Reduced Plat~df Plat Reduction Exhibit Staff Recommendation: Staff has reviewed the application for compliance with the Foothills Specific Plan (Ordinance 90.11) adopted by the Mayor and Council on April 17, 1990, the Development Agreement adopted by the Mayor and Town Council by Resolution 2006-199 on December 5, 2006, the • Marano Land Development Code, and the Marano General Plan. The proposed preliminary plat is in substantial conformance with all required development regulations. Staff recommends approval of the preliminary plat. Regular Council Meeting -October 21, 2008 -Page 254 of 271 • Commission Recommendation - if applicable: Suggested Motion: I move to approve Resolution 2008-143, approving the preliminary plat for Tapestry Estates, Lots 1-61 and Common Areas "A" and "B". • • Regular Council Meeting -October 21, 2008 -Page 255 of 271 MARANA RESOLUTION N0.2008-143 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR TAPESTRY ESTATES, LOTS 1-61 COMMON AREA 'A' (PRIVATE STREETS), AND COMMON AREA 'B' (FUNCTIONAL OPEN SPACE) WHEREAS, Baker and Associates Engineering, Inc., representing the property owner, Tapestry Properties III, LLC, has applied for approval of a preliminary plat fora 61-lot single- family residential subdivision on 42.54 acres, including lots 1 through 61 and Common Area "A" (Private Streets), and Common Area "B" (Functional Open. Space) generally located on the south side of Heritage Club Boulevard, approximately one mile west of Thornydale Road and one-half mile north. of Moore .Road within the west half of Section 30, Township 11 South, Range 13 East; and WHEREAS, on April 17, 1990, the Mayor and Town Council adopted Ordinance 90.11, the Foothills Specific Plan encompassing approximately 396 acres; and WHEREAS, the Marana Planning Commission at their regular meeting held on September 24, 2008, voted 6-0 to recommend that the Mayor and Town Council approve said preliminary plat; and WHEREAS, the Marana Mayor and Town Council, at their regular meeting on October 21, 2008, determined that the preliminary plat for Tapestry Estates, Lots 1-61 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the preliminary plat for Tapestry Estates, Lots 1-61 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of October, 2008. Ed Honea, Mayor ATTEST: APPROVED AS TO FORM: • Jocelyn C. Bronson Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -October 21, 2008 -Page 256 of 271 ~~~ :^^^%/ I ~ • TOWN OF MAI7ANA Planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION ~- , '~.^ i _ ° _ :}~.~ _ I'.~ l~,l' ,~~ P ~I'I( (C'li ~ :F . ~` - 4 .~'~,. i~r~: ~'~. ~ ~`'` ~ C.r<s b~ Preliminary PIat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Development Plan o Rezone/Specific Plan o Other o Landscape Plan o Significant Land Use Change o Native Plant Permit 0 1Vftnor Land Division JYY I - ~ h Sr'~. N3f '~ yt J r. ai `. 1'ic• lam[ t-. x ~ ~^~t r , -~.gfi -. '#` f 3. ~, P3 . ` t) ~ 1 I ~ ~~ ~~ _ Z P -3. X;~ n ,~ .. ~ >. f~`v- ~~`i' r _ -n Assessor's Parcel Number(s) General Plan Designation * o be confirmed sta Gross Area (Acre/Sq. Ft.) Current Zoning 2 228 04 sf 51 acres obeconfimsed s Development/PrajectName Lzllage 8 Tapes ry, '' Proposed Zoning 7 ff Project Location See attached Location ma Description of Project Sin le Family Detached Residential Property Owner Ta estr Pro erties III LLC -.c/o Town West Realty Street Address: 3 0 0 2 N. Cam bell Ave ., # 2 0 0 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85712 520-615-7707 520-615-771 Contact Person G i I'h o~el~t~n~ber eorge m Horvath or J b 2 y707 Applicant 13aker & Associates Engineering, Inc. Street Address ~~j~! E ~ u~rr~Sc. nvC,1 Sr°r, ZZ$- . City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 20-318-1950 520-318-193 0 Contact Person Phone Number William H. Baker, Jr. 520-318-1950x105 Agent/Representative ~~ ~ .,..~-~~ Street Address il~ City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business License No. t~ f ~) ~~, r 3 .-~L' '~' s Q. bl R(),1' ~: ~ ~j ~F;; 4rt ' ~ 't'~.,'," ~- I, the nn rsigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the ~ owner of .properiy or that I have been authorized in writine by the owner to file this application and checklist. (If not owner of record, a~tach written authorization from the owner.) ~, ~. a ~- _,, 1~ Print e o A icantl ent t G Date X:\SHARED FILES\Review Checklist\Application.doe May 2005 *219-33-003B, 219-33-0040, 219-33-0060 Regular Council Meeting -October 21, 2008.- Page 257 of 271 C J Ta estr Estates, Lots 1-61 - Preliminar Plat Y ,:~. r ``'~ ~'~'~ ~ ~ CASE PRV-07069 i ~~,~'~~^,r PJ ~ F 1~4 ~, a r. f'd,~. Tapestry Estates Lots 1-61 A tN MOORE RD i ~P w ~ 2 J m z ~ n~ LL1 N o c~. ~ z 0 O ~~~0 ~. z. GP O ~ Q ~ ~\, J W rJ D Z ~J D '- z' ~, ~ ~ . Z- W TP;NGERINE-RD Request o ,250 2500 ft. A request for approval of a Preliminary Plat for Tapestry Estates, Lots 1-61, Common Areas 'A' (Private Streets) and 'B' (Functional Open Space). Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the us 1 ~ o n gf ~' n ' r e t -Octob u a c eett er 21 2008 - Pa a 258 of 271 • • • m ~ ~ - ~Ea ~ ~ ~ ~~~~ ~ ~ ~ ~ ~ ~~ T g 3N01Y SM6 ~ E ~+ z .mwe ~ ~ a . 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CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 7 From: Gilbert Davidson ,Town Manager Subject: Relating to Mayor and Council; authorizing and directing the Manager to execute the logistics for a Town Council strategic planning retreat not to exceed $9,500.00 in total cost Discussion: At their October 7, 2008 regular meeting, the Mayor and Council approved a motion directing the Town Manager to contract with Partners for Strategic Action (PSA), Inc. for consulting services for the strategic planning process currently being undertaken by the Town. The consultant, staff • and the subcommittee discussed a variety of options for the logistics of the retreat, including on- site or off-site meeting locations. The consultant and subcommittee agreed that a key priority for a successful retreat was the ability to have uninterrupted work time that includes formal meeting time and the kind of informal time away from an on-site location that affords opportunities for ongoing discussions. In evaluating off-site locations for the retreat, staff considered both cost and opportunities for the Mayor and Council to participate in activities related to key development-related initiatives under discussion during the Strategic Planning retreat. One of the most cost-effective off-site locations identified by staff is the San. Marcos hotel in Chandler. This location also provides easily accessible venues for the council to tour that depict the type of development activity that provides examples for Marana's maintstreet/downtown, the Spectrum Center and/or Pima County's proposed ice rink sports park at Ina Road. In addition, Riester, the Town's public affairs/public relations consultants have been contacted to secure their attendance for a session at the retreat on "community identity" and "branding." Riester is located in the Phoenix area and the retreat location facilitates their participation. The total cost for the retreat, including lodging, meals and travel, will not exceed $9,500. Funds for this expenditure are currently budgeted in the Town Manager's Office budget and no additional budget authority is required. Staff is requesting Council's direction to proceed with the retreat logistics including authorizing the Town Manager to enter into an agreement with the Hotel San Marcos in Chandler as the retreat location for the November 14th, 15th, and 16th retreat. In addition, the council strategic planning subcommittee will distribute a proposed retreat agenda on October 21, 2008 for Council's discussion and direction. . FinancialImpact: The total cost of the retreat, including meals, lodging, and travel, will not exceed Regular Council Meeting -October 21, 2008 -Page 265 of 271 • $9,500. Currently, $1.2,000 is budgeted in the Town Manager's budget. No additional budget authority is required. ATTACHMENTS: Name: Description: Type: Na Attachments Available Staff Recommendation: Staff recommends that Council authorize the Town Manager to enter into an agreement with the San Marcos hotel and to execute any other necessary documentation for lodging, meeting and other strategic planning retreat logistics at a total cost not to exceed $9,500. Suggested Motion: I move to authorize the Town Manager to enter into an agreement with the San Marcos hotel and to execute any other necessary documentation for lodging, meeting and other strategic planning retreat logistics at a total cost not to exceed $9,500. • • Regular Council Meeting -October 21, 2008 -Page 266 of 271 ^~ ~~AA I ~~~ ~~ ~~~ 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council Item A 8 From: Frank Cassidy ,Town Attorney Subject: Resolution No. 2008-144: Relating to Mayor and Council; amending the implementation of Mayor and Council vehicle and phone allowances under Resolution No. 2008-86; adopting an alternative Mayor's vehicle allowance; and declaring an emergency Discussion: On June 17, 2008, the Council adopted Resolution No. 2008-86, establishing revised Mayor and Council monthly compensation and cell phone and vehicle allowances, and providing for atwo- • year phase-in. On August 18, 2008, the Legal Department issued a memo concluding that phone and car allowances do not need to be phased in, and advising that the revised allowances could be implemented without returning to Council. By memorandum to Council the same day, the Town Manager expressed his intention to implement the revised allowances on October 1. The compensation and allowances were adopted based on recommendations from a citizen's task force appointed to review and make recommendations regarding Mayor and Council compensation. Members of the task force included Chair David Morales, Thom Cope, Larry Steckler, Jack Noble, Clay Parsons, and Dan Sullivan. The citizen's task force recommended that the Town purchase a town vehicle for the Mayor for official business use, in lieu of a vehicle allowance. The task force's recommendation was made after completion of the annual budget. To consider the purchase of a vehicle as part of the budget process, it is recommended that the Mayor receive a car allowance until a vehicle purchase can be budgeted and acquired. The estimated initial purchase cost of a vehicle is $30,000. The proposed mileage allowance for the Mayor represents a significant savings to the current year budget. Staff also investigated the options of assigning an existing motorpool vehicle to the Mayor to effect acost-savings. Currently there are no additional motorpool vehicles that could be assigned exclusively for the Mayor's use. Based on the citizen task force recommendations, Council Members receive $250 per month in vehicle allowance and the Vice Mayor. receives $275 per month. In recognition of the amount of official business required of the Mayor, a vehicle allowance of $350 per month is proposed in lieu of a town vehicle. When and if a Town vehicle is available, the vehicle allowance would cease. • Because of the need to bring the Mayor's in-lieu car allowance to Council for formal adoption, staff has also chosen to include in the resolution a formal revision of the implementation schedule to eliminate the. phase-in period for phone and car allowances, consistent with the August l 8, Regular Council Meeting -October 21, 2008 -Page 267 of 271 • 2008 memoranda from the Town Attorney and Town Manager Financial Impact: The change in the Mayor's vehicle allowance results in a financial impact of $1,800 for fiscal year 2008-09. Eliminating the two-year phase-in for implementation of all of the phone and vehicle allowances results in a total annual financial impact of $16,980. The existing 2008-09 Mayor and Council budget has adequate budgetary capacity for the implementation of these allowances. ATTACHMENTS: Name: Description: Type: ^Amended_Reso 2008-144_ MC_Con~ensation.DOC M&G Allowance Revision Resolution Resolution Staff Recommendation: Staff recommends adoption of Resolution No. 2008-144. Suggested Motion: I move to adopt Resolution No. 2008-144. • Regular Council Meeting -October 21, 2008 -Page 268 of 271 • MARANA RESOLUTION N0.2008-144 RELATING TO MAYOR AND COUNCIL,; AMENDING THE IMPLEMENTATION OF MAYOR AND COUNCIL VEHICLE AND PHONE ALLOWANCES UNDER RESOLUTION NO.2008-86; ADOPTING AN ALTERNATIVE MAYOR'S VEHICLE ALLOWANCE; AND DECLARING AN EMERGENCY. WHEREAS Marana Town Code Section 2-1-8 provides that the compensation of elective officers of the Town shall be fixed from time to time by resolution of the Town Council; and WHEREAS the Mayor and Council adopted Resolution No. 2008-86 on June 17, 2008, implementing the recommendations of a Citizen's Task Force appointed to review and make recommendations regarding Mayor and Council compensation; and WHEREAS Resolution No. 2008-86 phased in the Mayor and Council compensation and vehicle and phone allowances. pursuant to Article 4, Pt. 2, § 17 of the Arizona Constitution, which provides that the compensation of a public officer shall not be increased or decreased during the public officer's term of office; and WHEREAS the Town's Legal Department has concluded that Article 4, Pt. 2, § 17 of the Arizona Constitution does not apply to vehicle and phone allowances; and WHEREAS the Council concludes that budget considerations require the Town to forego purchasing a Town vehicle for the Mayor's use, making it necessary and appropriate to adopt a vehicle allowance for the Mayor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Marana Resolution No. 2008-86 is hereby amended by eliminating the two- year phase-in for cell phone and vehicle .allowances, and making the Citizen's Task Force recommendations concerning cell phone and vehicle allowances effective on October I, 2008. SECTION 2. Until an appropriate Town-owned vehicle is purchased or made available for the Mayor's official business use, the Mayor's monthly vehicle allowance is set at $350, effective on October 1, 2008. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to give effect to this resolution. • Regular Council Meeting -October 21, 2008 -Page 269 of 271 _ 1 SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2ISt day of October, 2008. Vice Mayor Herb Kai ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney • Regular Council Meeting -October 21, 2008 -Page 270 of 271 _ 2 _ • r ~ ~!~ ~~ tore. or rwra 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, October 21, 2008, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item E 3 Subject: Executive session pursuant to A.R.S. § 38-431.01(A)(4) for discussion and consultation with the town's attorneys regarding negotiations with Cortaro-Marana Irrigation District and Cortaro Water Users' Association arising out of the 1997 intergovernmental agreement between the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association Discussion: • ATTACHMENTS: 'ti'ame: No Attachments Available Description: Staff Recommendation: Suggested Motion: Type: Regular Council Meeting -October 21, 2008 -Page 271 of 271