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HomeMy WebLinkAbout02/02/2010 Council Agenda Packet• ~~*•~ 1` ~~~ '% REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 2, 2010, 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. S~eaki ng a_t 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 print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -February 2, 2010 -Page 1 of 93 special services are available upon prior request to the Town Clerk at least 10 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, February O1, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.c...om under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Troop # 227 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 Relating to Town of Marana Parks and Recreation After School Program at Twin Peaks Elementary School PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS Regular Council Meeting -February 2, 2010 -Page 2 of 93 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 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 l: Resolution No. 2010-11: Relating to Development; approving a final plat for Cascada Block XVIII (Lisa Shafer) C 2: Resolution No. 2010-12_Relating to Development; approving a release of assurances for Gladden Farms Block 1 and acceptance of public improvements for maintenance (Keith Brann) C 3: Resolution No. 2010-13:_Relating to Infrastructure; authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire Rescue District for reimbursement for repair of public drainage infrastructure (Keith Brann) C 4: Resolution No. 2010-14: Relating to Municipal Court; authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana and Pima County for payment for the incarceration of municipal prisoners; and declaring and emergency (Jocelyn C. Bronson) C 5: Minutes of the January 12, 2010 regular council meeting and January 19, 2010 special council meeting COUNCIL ACTION A 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the PGA Tour, Inc. on behalf of The Ritz Carlton Golf Club, Dove Mountain, 6501 W. Boulder Bridge Pass for the Accenture Match Play professional golf tournament (Jocelyn C. Bronson) A 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by Copper Baseball Club on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for youth baseball (Jocelyn C. Bronson) A 3: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #07209, located at 3800 W. Ina Road (Jocelyn C. Bronson) A 4: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #05156, located at 7800 N. Cortaro Road (Jocelyn C. Bronson) A 5: Resolution No. 2010-15: Relating to Real Estate; vacating a portion of the public right-of-way of Linda Vista Boulevard that is being functionally replaced and made unnecessary as a result of the Twin Peaks Traffic Interchange and Camino de Mariana roadway projects (Frank Cassidy) Regular Council Meeting -February 2, 2010 -Page 3 of 93 BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Le isglative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E l: 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 possible acquisition of certain water infrastructure and accounts and water rights andlor resources E 3: 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 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 -February 2, 2010 -Page 4 of 93 ~~~~t ~~~ ,~r~,.~> ~aw~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item 1 From: Tom Ellis ,Parks and Recreation Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Community Building Goal: Create a safe community with a strong sense of place where diverse people are motivated to be involved and feel connected, needed, and appreciated. Subject: Relating to Town of Marana Parks and Recreation After School Program at Twin Peaks Elementary School Discussion: On January 14, 2010, the Town of Marana Parks and Recreation Department After School Program at Twin Peaks Elementary received the Outstanding Program Award from the Arizona Parks and Recreation Association Leisure Benefits Branch. This award is the result of the work and dedication of Tammy Haley, Recreation Programmer, and her assistants Krista Skillings and Edward Blair for their efforts keeping Marana's children safe and active, both mentally and physically. Tammy and her team truly care about the welfare of the children and it shows at their site and program. Congratulations, Tammy, Krista, and Edward. Thank you for your dedication. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting -February 2, 2010 -Page 5 of 93 .w.r~+ ~~~ "' ~~+~~/ ,~~ ~> ~R 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-11_Relating to Development; approving a final plat for Cascada Block XVIII Discussion: History The Cascada Specific Plan was approved by the Town Council on December 5, 2006 by Ordinance 2006.23. A Final Plat for Cascada was then approved by the Town Council on January 6, 2009 by Resolution 2009-01. Request Red Point Development is requesting a resubdivision of Block XVIII of the Cascada final plat to create two lots that would allow for the construction of a Northwest Fire District fire station on Lot 1 (2.23 acres) and future dedication of Lot 2 (1.63 acres) to the Town of Marana for the Utility Department's future use. Location The proposed resubdivision is located generally north of Linda Vista Road and east of Interstate 10. Zoning The site is located within the Cascada Specific Plan. The Specific Plan land use designation on the site is split between "EC" -Employment Center and "OSR" -Open Space Residential. Transportation Access to the site will be off the planned Corona Real Street which will intersect the future Twin Peaks Road. ATTACHMENTS: Name: Description: Type: ^ Resolution 2010-xx Cascada._Blk 18 Lots 1 _ 2 Resolution Resolution FP.doc ^ Cascada Blk_XVIII Regular Council Meeting -February 2, 2010 -Page 6 of 93 Applcato.n.,pdf Application Backup Material ^ Cascada Block XVIII Location Map Backup Material Location_Map.pdf ^ Cascada Block XVIII_Final Plat PRV-09041 F.pdf Cascada Block XVIII Final Plat PRV-09041 F Backup Material Staff Recommendation: Staff finds that the final plat is in compliance with the Cascada Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2010-11, approving a final plat for Cascada Block XVIII. Regular Council Meeting -February 2, 2010 -Page 7 of 93 MARANA RESOLUTION N0.2010-11 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CASCADA BLOCK XVIII WHEREAS, the Cascada Specific Plan was approved by the Town Council on December 5, 2006, as Ordinance 2006.23; and WHEREAS, the Cascada Final Plat was approved by the Town Council on January 6, 2009, as Resolution 2009-01; and WHEREAS, Red Point Development, has applied for a resubdivision of the Cascada Final Plat creating the Cascada Block XVIII Final Plat, Lots 1 and 2, a 2-lot subdivision on 3.86 acres, generally located north of Linda Vista Road and east of Interstate 10, within a portion of Section 15, Township 12 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on February 2, 2010, determined that the Cascada Block XVIII Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Cascada Block XVIII Final Plat, Lots 1 and 2 is hereby approved. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2°d day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -February 2, 2010 -Page 8 of 93 ~...~ ARANA /~\ PLANNING & ENGINEERING APPLICATION :•?n.. .-:... - - : 4,~.^••• • _ - r;n~y.=,°-i3L:..ies - ri°}i .i : y;x .7R: ~ -'-"tf'.. r~ .;;.. ::. _. :5?a•;,.., r.;,,fi•_..<-......:tN::,~•ga K ,.:. ~ i,>,~..t~ .,.::.,~t~r.. ;~ .°. y-~{ y.~,y .~{p ~~: ` ry.~ i ~~g ~x~:$'~, , ~:.,~.,: ==~'~=.r-.... ;.~<, ,,.?~'~ .. ~,'~ ~.. ~.~ ~_:.i.f'~ ,_ .7e::*e..._~.s.r,:r~"t+',a t.::ythzr:+ry~,.:~:;n`~e... s~ ~]l`r D+;j'Enlr~`^ .~,~ ~$IV~S_. xfy..5: ';!xr._: ~...~ a.o.:-- ~5;,' ^ Preliminary Plat X Final Plat ^ General Plan Amendment ^Variancc ^ Development Plan ^ SWPP ^ Landscape Ptan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ RezanelSpecific Plan ^ Native Plant Exception ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Annexation ^ Improvement Plan (specify t}~ ,g in Description of Project box* 1 ^ Other .. ~. W - .@• S. r f a`~5.f~ ~~~ .w'1 - i . ' - '• ~. - 9~ i~• ?.~v: •R. ~; i .'~ L • - i2: 3'9' If ..~:.Y~j .a ''i•cif'i~-+ e „ ~i.r• , L .z _ ~~ i!ti11 c31sri _ Assessor's Parcel 216-19-5520 General Plan Designation Numbe s To be confirmed b sta Gross Area (Acre/Sq. Ft.) ~ 3.8b ACl138,221 S.F. Current Zoning Specific Plan (Cascade) o be confirmed b sta Development/Project Name Cascade Block XVlll Proposed Zoning Specific Plan (Cascade) Project Location Block XVIlI of Cascade Final Block Piat, Bk. 64, Pg. 35 Description of Project* Resubdivision of Block XVIII of Cascade Final Block Plat, Bk. 64, Pg. 35 Property Owner Fidelity National Titte, Trust No. 60,327 Street Address 6245 E. Broadway, Suite #200 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85711 751-2970 290.2392 mhilt{a~.fnfcom Contact Person Phone Number / E-mail Marty Hill 751-2970 Applicant Red Point Development Street Address' 8710 N. Tharnydate Rd., Suite # 120 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85742 408-2300 408-2600 Contact Person Tom Williams Phone Number ! E-mail 408 2300 Agent/Representative Presidio Engineering Street Address 4582 N. 1 Avenue # 120 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ $5743 745-7255 795.6747 tanya(rr~presidioengineering.cam Contact Person Tanya Grahn Town of Marano Business License No. ~t' ..,tom •'~~!- ~lt, d'n~~ i } - `~ Y - rr p.' I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that l am either the owner of the property or chat t have been authorized in writinu by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~D' /c5-O~'( C , . ~ '~~ G..RW'~ Fivt~ld- 001 C I C'.~~T `f'~iv --e9a~l-I ,P. ~ ts~i~.~,4~-s ~~ -z~.- S-/y o p Print Name of A licant/A ent Si store Date 1 1555 W. Civic Center Drive, Bldg. AZ•Marana, AZ 85653-7003•Telephone (520) 382-2600•Fax (520) 382-2b41 Regular Council Meeting -February 2, 2010 -Page 9 of 93 '~ Cascada Block XV111, Lots 1 ~. ' rT ~: & 2 Final Plat ,_ -~ T3 - ~~~ ~ ~~ ~~ e . ,. ASE PRV - 09041 F `~ ~ ~~~`~ ~ CascadeSpecific Plan ~~ `~' ,, .,~ ~, , •, !N I INDAVISTA BL ~ : ~W LW DA VISTA BL' ' ~ _ ` ~~, , ~l ~ ~. ~Q. ~ ~~ z 'o Q ~ z ~. ~~ ~ ~'~~ ~~ Marana Spectrum S ` ~ pecific Plan ~~ r ~~ o 9' r i Yy ~; ~`~ b -~~ ~~~~ ~ ~ v ~ ~ ~ ~; +i+ ~ ~ ~~ ~~ ~ . ~ . . , ~~ Request 0 525 1050 ft. A request for approval of a Final Plat for the resubdivision of Cascada Block XVIII. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the re9uest of the user with the understanding that is not guaranteed to be accurate, correct or complete arin~d conclusions drawn from such information are the responsibility of the user. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-12: Relating to Development; approving a release of assurances for Gladden Farms Block 1 and acceptance of public improvements for maintenance Discussion: This Resolution will release the Assurance between Gladden Forest LLC and Fidelity Title Agency, under Trust No. 30,212 and the Town of Marana, regarding Gladden Farms Block 1 as depicted on Exhibit A. Gladden Farms Block 1 is comprised of lots 1 through 95 and Common Areas `A-1' through `A-12', `B-1' through `B-5' and `C-1' and is recorded at the Pima County Recorder's Office in Book 61 of Maps and Plats, Page 26. In releasing said Assurances, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.77 miles of the following paved streets: • Farmall Drive • Ferndown Drive • Byron Wolfe Drive • Brabant Drive • Willow Blossom Drive • Greenberry Drive • Waterdale Drive • Zetor Drive The Town accepts for maintenance, a potable water system including 6,7201f of potable and non- potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $342,941. Financial Impact: Budgeted to operations and maintenance. ATTACHMENTS: Name: Description: Type: ^ Resolution - Resolution Resolution 091209_GF Blk_i.doc Regular Council Meeting -February 2, 2010 -Page 13 of 93 ~ E.xhbit A Gladden Farm. s Block 1.pdf Exhibit A -Location MAp Exhibit Staff Recommendation: Staff recommends Mayor and Council release the Assurances for Gladden Farms block 1 and accept the public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2010-12, approving a release of assurances for Gladden Farms Block 1 and acceptance of public improvements for maintenance. Regular Council Meeting -February 2, 2010 -Page 14 of 93 MARANA RESOLUTION N0.2010-12 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR GLADDEN FARMS BLOCK 1 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Gladden Farms Block 1 is a 20.60 acre subdivision located south of Moore Road and east of Tangerine Farms Road ,containing lots 1-95, and common areas `A-1' through `A-12', `B-1' through `B-5, and `C-1' and is recorded at the Pima County Recorder's Office in Book 61 of Maps and Plats, Page 26; and WHEREAS, the Town has an Assurance Agreement assuring the completion of public improvements; and WHEREAS, Gladden Forest L.L.C., and has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Gladden Farms Block 1; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. Gladden Farms Block 1 is hereby released from the Assurance Agreements with Fidelity National Title Agency Inc. under Trust 30,212. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.77 miles of the following paved streets as shown on Exhibit A: • Farmall Drive, Ferndown Drive, Byron Wolfe Drive, Brabant Drive, Willow Blossom Drive, Greenberry Drive, Waterdale Drive, and Zetor Drive SECTION 3. The Town accepts for maintenance, a potable water system including 6720 if of potable and non-potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $342,941. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2°d day of February, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-13: Relating to Infrastructure; authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire Rescue District for reimbursement for repair of public drainage infrastructure Discussion: Northwest Fire Rescue District (NWFD) is proposing to construct a large training facility campus on Star Commerce way essentially between their maintenance facility and their administrative offices north of Ina Road and west of I-10. Adjacent to these facilities is a public drainage channel that is in need of significant repair. The drainage channel requires repair by a contractor and is beyond the equipment capabilities of the Town's Public Works Department. In conjunction with their training facility construction, NWFD has offered to have their site contractor repair the channel concurrent with their site construction. The benefit of this to the Town would be that a separate contractor would not be required and mobilization costs would be less as the majority of mobilization would be for the overall site construction. Town staff has negotiated with NWFD and proposed reimbursement of engineering costs, actual construction costs for the channel repair, and a surcharge of 5°1o for mobilization and 6°lo for construction management on the construction cost. The IGA intends to use the construction sales tax generated by the NWFD training facility to fund these repairs. Normally a portion of construction sales tax goes to road construction and a portion to general fund. Excess money left following the repairs remains the Town's funds. Shortages for the repair would be required to be paid by the Town from other sources. The IGA maintains that the construction sales tax is collected and then rebated to NWFD to cover expenses within 30 days of receiving the taxes from the State of Arizona. Financial Impact: Construction sales taxes collected from NWFD training facility to be first spent towards maintenance of the failed public drainage channel. This will result in less construction sales tax going towards CIP projects or the general fund. Should the repairs exceed construction sales taxes collected, additional funding would be required to reimburse NWFD. Regular Council Meeting -February 2, 2010 -Page 17 of 93 Based upon recent cost estimates from NWFD on the cost of phase 1 of their facility and the cost of the drainage channel, it is estimated that the construction sales taxes generated by the facility will cover $119,000 of an estimated $169,000 total cost, leaving $45,000 to be paid for from other funds. The other funds should be programmed to maintenance as the public drainage channel would normally have been repaired from this source. ATTACHMENTS: Name: Description: Type: O TOM.-NWFD-IGA reso.DOC .Northwest Fire channel IGA resolution Resolution ^ EX_A_TOM-N.WFD-IGA 12-10-09.doc Northwest Fire channel IGA-exhibit A Exhibit ~ location map.pdf Vicinity map Backup Material Staff Recommendation: Staff Recommends approval of the Resolution. Suggested Motion: I move to adopt resolution 2010-13, authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire Rescue District for reimbursement for repair of public drainage infrastructure. Regular Council Meeting -February 2, 2010 -Page 18 of 93 MARANA RESOLUTION N0.2010-13 RELATING TO INFRASTRUCTURE; AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIRE RESCUE DISTRICT FOR REIMBURSEMENT FOR REPAIR OF PUBLIC DRAINAGE INFRASTRUCTURE WHEREAS, Town of Marana owns certain public drainage infrastructure in the vicinity of a future Northwest Fire Rescue District training facility; and WHEREAS, the public drainage infrastructure is in need of repair; and WHEREAS, Northwest Fire Rescue District will mobilize a civil construction contractor to construct their nearby training facility; and WHEREAS, it is agreed that using the contractor Northwest Fire Rescue District mobilizes for their construction to repair the Town's public drainage infrastructure will save the Town from mobilizing its own contractor; and WHEREAS, the Town and Northwest Fire Rescue District intend to enter into an Intergovernmental Agreement allowing the Town to reimburse Northwest Fire Rescue District for repairing the Town's public drainage infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. That the intergovernmental agreement between Town of Marana and Northwest Fire Rescue District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. That the Town 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 the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of February, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -February 2, 2010 -Page 19 of 93 EXHIBIT A TO MARANA RESOLUTION NO.2010-13 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND NORTHWEST FIRE RESCUE DISTRICT FOR PUBLIC INFRASTRUCTURE CONSTRUCTION AND REIMBURSEMENT This intergovernmental agreement is entered into this day of , 2009 by and between Town of Marana, an Arizona municipal corporation ("Town") and Northwest Fire Rescue District, an Arizona special taxing district ("Fire District"). Town and Fire District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." I. Recitals A. Town and Fire District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B. The Fire District is authorized by A.R.S. § 48-805 (B) (17) (a) to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C. Municipalities and special taxing districts may enter into agreements to establish responsibilities relating to the issuance of various permits and construction of new facilities. D. Town has ownership of public drainage infrastructure adjacent to a proposed Fire District facility that is in need of repair and the responsibility of Town. E. Both parties acknowledge that the opportunity of a mobilized contractor for the proposed Fire District Facility could provide cost savings to the Town for the repair of its public drainage infrastructure. F. The Town by law charges a construction sales tax on new construction. A majority of this sales tax is used to fund Town construction projects. II. Definitions A. "Public Drainage Infrastructure" shall include the public drainage channel along the northern property line of the proposed Northwest Fire training facility from the Interstate 10 Frontage Road to its confluence with a public drainage channel along Massingale Road west of Interstate 10 inclusive of any confluence or spillway structures. B. "Northwest Fire Training Facility" shall include all site and building construction for the planned training facility on the Northwest Fire parcel number 226-35-022C located off of Star Commerce Way. III. Covenants Regular Council Meeting -February 2, 2010 -Page 20 of 93 EXHIBIT A TO MARANA RESOLUTION NO. 2010-13 A. Town's Obligations: Town recognizes that the presence of a mobilized contractor will save in its costs to repair the damaged public drainage infrastructure. The Town agrees to: (1) Rebate to Northwest Fire District from construction sales taxes those costs associated with the design, repair, and reconstruction of the public drainage infrastructure. Costs to be rebated include consultant design costs and line items for construction costs associated with the contractor's bid or guaranteed maximum price for the public drainage infrastructure. Additionally, the contractor's bid or guaranteed maximum price item reimbursements will be increased by 5 percent attributable to mobilization and 6 percent attributable to construction management on the part of Northwest Fire District. Each percentage increase is multiplied by the cost of the public drainage infrastructure items. (2) Rebating of costs shall occur no later than 30 days after receipt from the State of Arizona of construction sales taxes from the construction of the Northwest Fire Training Facility. (3) Town shall retain construction sales taxes for the Northwest Fire Training Facility that exceeds the costs from item IIIA above. (4) Should the costs from item IIIA above exceed the construction sales taxes from the Northwest Fire Training Facility, Town shall provide other funding to Northwest Fire for the remainder of costs incurred. (5) Town shall continue to assume ownership of the public drainage infrastructure during and after completion of the design, repair and reconstruction. (6) Town shall be solely responsible for maintenance and repair costs of the public drainage infrastructure after completion of the design, repair and reconstruction. B. Fire District's Obligations: Fire District recognizes that prompt repair of the public drainage infrastructure aids in the development of their training facility. Fire District agrees to: (1) Pay all construction sales taxes as required by Town ordinance. (2) Incorporate the public drainage infrastructure improvements into their site construction plans in a manner approved by the Town. (3) Award the work that will encompass the public drainage improvements in an open, public manner such as design-bid-build, open solicitation for Construction Manager at Risk or other method approved by the Town. (4) Manage the construction of the public drainage improvements. (5) Allow Town oversight and inspection of the public drainage improvements. Regular Council Meeting -February 2, 2010 -Page 21 of 93 2 EXHIBIT A TO MARANA RESOLUTION N0.2010-13 (6) Defer to Town for approval of field change or change order requests that involve the public drainage improvements. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service, addressed as follows: To Fire District: Fire Chief Northwest Fire Rescue District 5225 West Massingale Road Tucson, Arizona 85743 With a Copy To: Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7440 North Oracle Road, Building 7 Tucson, Arizona 85704 To Town: Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To: Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by Fire District or Town in writing. V. Term A. This Agreement shall become effective on or upon filing with the Pima County Recorder after having been approved by Town and Fire District, whichever filing occurs last. B. The term of this Agreement shall commence on the effective date of this Agreement and continue until the public drainage infrastructure is constructed and rebating of costs incurred is complete. VI. Insurance and Indemnification A. The Parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this agreement. B. To the extent which it legally may, each Party indemnifies, defends and holds harmless the other Parties, their officers, departments, employees and agents from and against any and all Regular Council Meeting -February 2, 2010 -Page 22 of 93 3 EXHIBIT A TO MARANA RESOLUTION N0.2010-13 suits, actions, claims and demands or damages of any kind or nature arising out of the indemnifying Party's acts or omissions, whether intentional or negligent, in connection with or incident to this intergovernmental agreement. VII. Cancellation for Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. VIII. Governing Law A. This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B. During the performance of this Agreement, Town and Fire District agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. I.X. Remedy A. All Parties agree to utilize good faith efforts to informally resolve disputes arising out of this Agreement. B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. X. Waiver Waiver by any Party of any breach of any term, covenant or condition herein shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. XI. Force Majeure A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the Parry affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. Regular Council Meeting -February 2, 2010 -Page 23 of 93 4 EXHIBIT A TO MARANA RESOLUTION NO. 2010-13 XII. Miscellaneous Provisions A. Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement. Formal amendments shall not be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B. This Agreement represents the entire and integrated agreement between the Parties and for the construction of the public drainage infrastructure and has no bearing on other agreements between the Fire District and Town. C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D. The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E. The Parties certify that they do not have, nor will they for the duration of this Agreement have, scrutinized business operations in Sudan or Iran as defined in A.R.S. § 35-391 and A.R.S. § 35-393, respectively. F. This Agreement shall supersede any prior agreements or memorandums of understanding among Fire District and Town which conflict with the provisions of this Agreement. IN WITNESS WHEREOF, the Parties enter into this Agreement the date and year first specified above. TOWN OF MARANA Bv: Ed Honea, Mayor NORTHWEST FIRE RESCUE DISTRICT By: Richard Nassi, Board Chairman ATTEST: Jocelyn Bronson, Town Clerk ATTEST: Antra Mischel, Board Clerk Regular Council Meeting -February 2, 2010 -Page 24 of 93 EXHIBIT A TO MARANA RESOLUTION NO. 2010-13 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana and Northwest Fire Rescue District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Frank Cassidy, Town Attorney Date Northwest Fire Rescue District: Thomas Benavidez, Attorney for the District Date Regular Council Meeting -February 2, 2010 -Page 25 of 93 w ~ : ~ r r J ~. ~ r -~ , r . I u -i ~.. L~ ~ ~ ~ N C L 7 Q R r ~ ~^ .-. F{ ~ Q a ~ 'C P m ~ , [ I ~ .~` (6 ~ ~A6 _ L ar'. L ` a ~ d N 1 1_ ~~ _ ~ C y ~ d F°- O w ~ J ~~ V y v ~ ~ ~ t/ ~ (p y ate~)) ~ a ~ ~ ~. ~ C ~ Q G ~ i lti fa: ~ _ ~n.¢ci ininma~~' ~ ~ ~~Q . ~ ~- i ~,,o ~ ~ Q ' ~' o"- o' ~ h^, + , Q ~~~ ~~ -- - z 4 ~' ~ ~~Q ~ ~ ~ G~ ~~P ~~ 1 ~~ o`~ ~~ ~ ~ c ' ~ ~ ~ ~ a~ ~ U ~ ~ ;~ c, ~ m V o Q ~ V ~^ N ~ \ \ ~ ~ •~ N C i ~ ~ ~ ,_ C Yom- ~N C C L O-~«. L ~ " ~ iC ~O Q U ~ N U- M T QU C p Ta V ro ~ ~ z . ~~~ ~~a ~^ ~ ~ .Q a yd i i a V O ~ V N M O '~ Q Q ~ ~ ~ ~l ` ~ « ~ a °- ~ N U O 3~ ~ 0 ~ fn y ~ N ~~ ~, (~ ~ ro N `, ~ m . ~ ~_~ a ~ ~o Q ~~, ~ ~~ a Q o ~ c N ~~ ~ 3 N N N V ~ ~ F~E m J o o~E-m ~ _~°-~ ~ N ~o~c~ .~ w Q ~ a, ~~~~ Z a~i~o~ ~ mid d 3g a~ ~ 4~? N te a.-, lC C y l C I t ~ `- ~ (J ui OC m ~ Z~ ma ~'"~"~ ~~~~ ~ f «~,~ w .K, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-14: Relating to Municipal Court; authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana and Pima County for payment for the incarceration of municipal prisoners; and declaring and emergency Discussion: The Town of Marana and Pima County previously entered into an intergovernmental agreement (IGA) which sets forth a fee schedule for the housing of Marana prisoners at the Pima County Jail.. As drafted, the IGA would charge an extra day for those prisoners who in actuality have only been held overnight at the jail. Jail staff identified this problem and have been manually correcting the billing so that the Town has not been incorrectly charged. This resolution would approve the first amendment to the IGA which provides fora "modified billable day." This will ensure that the Town gets billed a single day rate for those prisoners who arrive one night and then are released the next morning. There should not be any change to our billing as this is being corrected manually by staff; this first amendment will make the billing automatic. Financial Impact: None ATTACHMENTS: Name: Description: Type: O RESO First amendment to IGA re,_jail fees_(00019082.- Resolution Resolution 2),_DOC ~ 1st Amendment with PC - f risoners.pdf First Amendment to IGA with Pima County Exhibit Staff Recommendation: Regular Council Meeting -February 2, 2010 -Page 27 of 93 Staff recommends approval of the first amendment of the IGA with Pima County for the housing of municipal prisoners. Suggested Motion: I move to adopt Resolution No. 2010-14, authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana and Pima County for payment for the incarceration of municipal prisoners and declaring an emergency. Regular Council Meeting -February 2, 2010 -Page 28 of 93 MARANA RESOLUTION N0.2010-14 RELATING TO MUNICII'AL COURT; AUTHORIZING THE MAYOR TO EXECUTE THE FIIZST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana and Pima County are currently parties to an intergovernmental agreement regarding payment for incarceration of the Town's prisoners at the County's jail; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of its citizens to enter into an amendment to this intergovernmental agreement to correct a provision relating to billable days. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The first amendment to the intergovernmental agreement between the Town of Marana and Pima County for payment for the incarceration of municipal prisoners, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby 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 staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement and the first amendment to the intergovernmental agreement. 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 2"d day of February, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocel~n~ $ro~son Tpw~ ClPerk Frank Cassidy, Town Attorney Regular CourTcil eeting - ebruary 2, 2 0 - age 29 of 93 {00019082.DOC / 2} PIMA COUNTY SHERIFF'S DEPARTMENT PROJECT: Incarceration Of Municipal Prisoners CONTRACTOR: Town of Marana CONTRACT NO.: 01-11-M-142092-0709 CONTRACT AMENDMENT NO.: ONE {#01) ORIG. CONTRACT TERM: 07/01/09 -06/30/10 ORIG. CONTRACT AMOUNT: EST $ 326,868 TERMINATION DATE PRIOR AMENDMENT: 06/30/10 PRIOR AMENDMENTS: $ 0.00 TERMINATION THIS AMENDMENT: 06/30/10 AMOUNT THIS AMENDMENT: $ 0.00 REVISED CONTRACTAMOUNT: EST $326,868 CONTRACT AMENDMENT WHEREAS, COUNTY and CONTRACTOR entered into a Contract for services as referenced above; and WHEREAS, CONTRACTOR and COUNTY, pursuant to Article IV -Criteria and Rules Goveming Billing: WHEREAS, CONTRACTOR and COUNTY, pursuant to Article V -Criteria for Assessment of Billing: NOW, THEREFORE, it is agreed as follows: CHANGE: ARTICLE IV -Criteria and Rules Goveming Billing Add: d. A "modified billable day" is defined as a billable day which is modified to reduce billing to one billable day at the first day rate. "Modified Billable days" are only applicable when applied to pretrial Town of Marana defendants who are booked between 1800-2359 hours one day and released on the Town of Marana charge at the first AM Initial Appearance the following day. CHANGE: ARTICLE V -Criteria for Assessment of Billing Insert under subsection "a." a.1. For Town of Marana pre-trial defendants booked between 1800 and 2400 hours one day; and released on all Town of Marana charges at/by the AM Initial Appearance video court the following morning, the Town of Marana will be billed according to the guidelines established under the definition of "modified billable day." The effective date of this Amendment shall be July 1, 2009. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Regula~~~r~~s~ -February 2, 2010 -Page 30 of 93 Page 1 Of 2 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. APPROVED: CONTRACTOR: Chair, Board of Supervisors Signature Date ATTEST Name and Title (Please Print) Date Clerk of Board Date APPROVED AS TO FORM: ~~~~ Deputy County Attorney L ( ~ ~J Date Date Regula~~~~ r~~ 11'~ -February 2, 2010 -Page 31 of 93 Page 2 Of 2 ~~ ~" fly .. ~~~ ~A~~ SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 12, 2010, at or after 6:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Mcmhcr Patti Comerford, Council R l ~ m b 4 r Carol McGorray, Counc i I ~ 1 ~ tuber Jon Post, Council Member Roxanne Ziegler, Council Nlcmbcr SPECIAL COUNCIL M l; l "[~ I N U CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:Q 1 p.m. The To~~n Clerk called roll and confirmed that a quorum was present. PLEDGE OF ALLEGIANCE%1N VOCATIONi~~tOMENT OP SILENCE Led by Mayor Honea. l3eli~rz a moment of silence, was observed, Mayor Honea noted that a stalwart of the community. ~1'hcclcr Abbett, had passed on Monday. APPROVAL (~F r1G EN U.-~ Motion to ap~r~~rc: nuwc~c! ht~ G~ui~cr/ ~11c~n~ber McGorray, second by Council Member Cornerf~~rd. ;M1fotion crri~ried unu~tifrto[i.clV. CALL TO TITS PUBLIC David Mora I cs woke regard i n ~~ the state of the economy, and stated he hoped the Council would do what it takes to keep the town running. PRESENTATIONS P l: Presentation: Relating to Public Safety; overview of the Pima County Wireless Integrated Network (PCWIN) system and direction to staff regarding the Town of Marana's participation in the project Introduced by Chief Tometich. The purpose of the presentation is to give Council an update on what is happening with the project and ask questions. He then turned over the presentation to the PCWIN project administrator Captain Paul Wilson, Pima County Sheriffls Office; Project Manager Tony Casella; and the Strategic Technology Planning Director John Moffitt. Captain Wilson began by noting that PCWIN is a 2004 Pima County Bond project intended to Regul~?a1Da~Yltl A~ej;L~iSE~Bfii1~8,efi~i~agC~ani~. He discussed some of the key benefits and impacts for the town of Marana and why interoperability is difficult in coordinating emergency response efforts on demand and in real time unless there is a regional effort. The project is now in the implementation stage. He is here seeking support from the town for the project. The project is proposed by a coalition of 32 public safety agencies, including the Marana Police Department. He then discussed some of the highlights of the plan, including a business planning process. The project is governed by three committees: an executive management committee is appointed by the Board of Supervisors and supported by two advisory committees. The executive committee sets policy, makes decisions about project scope and technology selection and is responsible for overseeing business process development. The executive committee is comprised of nine chief executive public safety officials including Chief Tometich. A user committee is comprised of one representative from each agency. Thr committee advises on the technical, operational and functional communications needs of i nd i v i d ual agencies and of the region. Captain Wilson discussed the challenges of completin~T the O ~ M cost analysis which include technical and administrative support FTE, personnel. opcratinQ, contractual, Icascc and utilities and emergency services. The analysis shows a mort~hly use per wait of $42.46. `I~hc Marana police department will receive replacement subscriber equipment at about the time their current equipment will be due for lifecycle replacement. The va I u e o f- t h c; replacement equipment is approximately $750K. The radio system design incorporates shared use oftwo Marana radio sites and components of the Marana Motorola radio system that are compatible ~~-ith the ne~~ radio system technology. Additional microwave links will be added to the municipal complex to support the new dispatch consoles. Captain Wilson noted that thc~~ have the plan and the resources to construct the regional system and to equip the end uscr~. >\~farana's support is desired and needed to permit the continued participation of Marana Police Department and the use of the town's assets. As part of the Council's discussion this e~~enin__~, he noted that the county asks three things: (1) A decision about Marar~a,s continued participation in the project is integral to completion of the detailed dcsigu of the radio s~ stem and microwave network. If Marana chooses not to parti~ipatr, alternative sites must be s~lc;eted and acquired to meet the coverage needs of the remaining participants. This decision is now on the project's critical path. (2) The County has requested approval for right of-entry to complete any necessary cultural, environmental and structural studio, necessary to finish the evaluation of antenna site readiness for the project. Marana is one of the tc~~ jurisdictions that have not approved the county's request. (3) Negotiations for intergovernmental agreements to provide access to Marana sites and reuse of Marana assets must c<~uimence in the near future to enable future construction and integration of system components. Deb Thalasitis presented the staff analysis and stated that she had been working with the police department and management staff to look at the policy implications of the presentation just given. This has been an ongoing project for many years. She stated that the things that have changed since 2004 when the project was conceived. In that regard staff made a comparison based on information received last week. She highlighted the variations as being governance and ownership of the radio system; cost; and interoperability. With regard to governance and Regular G un~~l`6h~~tinge ~eb~ary"7,~tg~~age 33 o~~n by voters in 2004 envisioned that Pima County would own the entire radio system, making use of existing assets. These assets include Marana's current Motorola system. Marana is the only jurisdiction in the region with the system that is the system envisioned by the project to be available for other jurisdictions. One of the criteria of the project in sharing resources is that Marana would give up its 800MHz frequency to Pima County. One of the challenges of giving up this signal is there are no more signals to be had. There are other signals available at different MHz rating, but there's debate as to whether those would be as viable. As an individual jurisdiction, Marana would retain ownership, operations and maintenance of its tower site, although she believes there are three potential sites being considered for this project in Marana. There is still some discussion about what portion of tl~~ maintenance of certain equipment on that site would be Marana's responsibility. >\1arana v~uuld also retain ownership of the radios, so the $750K that PCWIN would prop idc toward both mobile radios (cars), portable radios (lapel radios), and the dispatch consoles ~~auld ~~o toward those. Ms. Thalasitis noted the organization chart, and stated that in researchin~ the bond ordinance, the final governance authority for the region-wide system asides with the Pima County Board of Supervisors, and the day to day governance of the pro<~ram management is governed by the executive management group, currently made up of jurisdiction p©lice chiefs. Thc~ ultimately report to the Pima County Board of Supervisors through the ['ima County Administrator. The other thing staff looked at was cost. In ?004, the Council approved $2.1M in bond funds, and the additional money was expended ti am the General Fund to purchase the Motorola radio system. That system was upgraded by Motors>la f~~r no charge in ?t)[t8. It has the same expected life as the PCWIN system would have -about another 20 years. Staff also looked at the operating costs over the. life ~~fthe project, running a model, being conservative with growth figures as well as with estinr<,tin`~ cast increase. She then explained the methodology used to get to the lifecycle costs on the operating side. ~.t this point, the delta between what the town would pay if it maintained the equipment and what thetown would pay in addition with PCWIN is about $2.1 ~ 1. Ms. Thalasitis went on to saw that staff u,iderstands the need for interoperability and they believe there are other ~~~avs to achieve intcroperabilityovith other agencies because technology has chan~~c~l dramatically. since the project was first envisioned. Following 9/11 Motorola invested a si~~nificant amount ~~f money and research into gateways, thus allowing different public safety s~ sums to talk to each other. There are other technological solutions staff would like to explore that may actual Ly save the town money and could eventually save PCWIN in the long run. One of the key pieces tur Council consideration is that as PCWIN is currently designed, the town would lose the ownership of the radio system which will be paid for by FY 2011 and the town loses control over the 800MHz frequencies. If at any point the town disengaged from PCWIN, it would have an aging radio system that would have to be replaced. With respect to transparency, the governance structure and system ownership should allow Marana taxpayers direct accountability to Marana elected officials. The current project does not do that. Much of the system would be managed and owned by Pima County and responsibility would rest with the Board of Supervisors. With respect to return on investment, Regula'~'t;'or nc~n~eet~,9y~~ruary~l~o~~-~agep3~4 o~~~ed for their investment in the existing radio system. With respect to financial sustainability, operating costs over the 20-year life cycle are at or near breaking point. Council Member Comerford recapped that the Marana system would be turned over the Pima County and would also pay them a monthly per unit cost to operate it, no longer have control over our system and lose our MHz channel and there's no opportunity to go back. Yet the town still has the technology and ability to connect with them without necessarily going along with the PCWIN program. Ms. Thalasitis responded that staff believes technology is there to allow the town to connect. Staff believes there is some validity in working together especially with the tower sites provided the town's capacity is not eliminated, but at the end of the day, the town becomes part of the network, there would be a subscriber fee and there would be some ongoing maintenance costs that would not go away for our tower sites. The town would be responsible for the cost of any growth. As staff understands the. business plan today, it does not give the town the ability to go into Pinal County. Captain Wilson attempted to clarify some of the points raised by Ms. Thalasitis. Any assets that a jurisdiction contributes to the project remains, under the ownership of that ,jurisdiction. One of the goals of the project was to try and include. assns and antenna sites v,~hcrc those made sense of the project to minimize the cost overall. There are primarily four entities that have assets that have been incorporated into the design -Pima County through their antenna sites, maintenance shop and microwave and f her network; the L i t ~ o f "Tucson's microwave network and five antenna site facilities. In the case of Marana -and there are several agencies in the Pima County areas that have 800MHz freq u cnc i e s -the idea be i n ~,~ to make reuse of existing facilities - it makes the licensing issue easier. A~'c may able to I i~ erase new 700MHZ frequencies. With regard to Pinal County, the pr~~jcct is not intending to intentionally design radio service outside of Pima County largely because Pima County taxpayers are paying for the project. We believe there ~~~ill be resulting coverage but ha~~ not made any effort to guarantee that because of the fundin~_> source. Ms. Thalasitis emphasir.ed that one of the challrn~~~s has been getting a handle on the numbers. The business plan iVlarana staf~~had srcn in Uccember had a subscriber rate in the $40 range. Tucson Air~~ort pulled out of the pro,jcct and the subscriber rate went up to the $42.46 rate. The subscriber costs continue to move around. So changes are likely to occur again before the projc~t is complete. Staff started meeting about six weeks ago and raised a number of their concerns it ith the Pima Count} staff here this evening. Their response in general is that they are pretty wel I t ie~l to what was proposed in the 2004 bond issue. So it is not the three individuals here tonight- then are tied to what was proposed in 2004. A lot has changed and that is the essence v f our concern. Council Member Clanagan asked what information was received by town statt that led her to believe that there are other ways of bridging this gap through this gateway .system that hasn't been introduced and that perhaps Pima County might not even be aware of? Ms. Thalasitis asked Gary Hudman, the Marana Technology Service Director, to address this question. Gary Hudman responded that earlier in the year there was a pilot study project connecting to public agencies -Yuma with the DPS area; in Phoenix there was a Motorola pilot study using a product called Gateway I. I -anew product. It's always been envisioned that P-25 digital trunk radio would have interoperability gateways. This wasn't available in 2004. It's a recent prxonducttno~f Motorola. aItt's been pr~o~}ven with some success in this test study, and it may be worth Regular t,~ou~c~Trw~e~ing~e~~uary`7,1~~1~p~age'"~5`df 93 Captain Wilson confirmed Mr. Hudman's information, and stated that the gateway system solution is designed under the P-25 standards to interconnect multiple P-25 systems. However, he said it was important to understand that when you interconnect two radio systems, the limitations of each of those systems still exists. Council Member Clanagan asked Captain Wilson to explain Tucson Airport Authority pulling out of the project. Captain Wilson noted that the Tucson Airport Authority was kind of a last minute add-on to the bond project. When the proposal was made to the citizen's bond advisory committee, it was done without the Airport Authority and without the University police department. They were added in later. Tucson Airport Authority recently asked to withdraw and from some informal conversations with them, that their issues largely had to do with control and the possibility of job losses for the technical staff ai the. ;lirport Authority. The executive committee accepted their withdrawal but gave them notice that ifthey decide at a future date to join, the cost to join will be on the Airport ~luthori.t~. Council Member Ziegler thanked Captain Wilson for his time and explanations. She asked for clarification on who the executive committee is. Captain ~~'ilson replied that the executive committee is comprised on nine public safety chiefe~ecutives appointed by the Board of Supervisors, and they've been given the responsibility Cot plane i,tig and implementing the project. The Board has final authority de~e to the expenditure o I I' ima County bond dollars. The Board has not been involved in this except to approve the recommendations the executive committee has brought to them, but they ha.'e heen very supportive. of fie project. Council Member Ziegler expressed her concerns over control noting that the town has not been successful in entering IGAs with the county. "I he Board o1 Supervisors have not kept their promises and have broken TC;.1s that the town has currently. so she has difficulty entering into another IGA with the county ~~ lien anyone on the Board or the Administrator can say "I don't want to do this anyn~ore.~~ She implied she could give many examples. She noted that this project was not financ i a I 1 y a p p e a I i n ~~ to her right now end to the town of Marana, and she would need a more compel line reason to go for~~ard. She would .like more proof that an IGA with the county ~3"ouldn~t he brol:cn. Captain ~~%ilson agreed that trust and cooperation amongst the partners ~~ill be critical to the success of the project. Council Member Ziegler noted that Captain ~ i.lsun had said the town of illaraua was a critical path for the project and Marana was needed .for t heproject - the s concerns and surprises her. Captain Wilson addressed that critical path is the decision as to whether Marana is going to participate further. If not, they've already asked Motorola to explore alternative sites. The issue with Marana's towers is that the towers are somewhat space-limited -they may not be spacious enough to drive the project. What's really critical is whether ~~ c can continue to plan using Marana assets. Chief Tometich responded to Council Vletnber Ziegler's previous question, stating that speaking for himself, he's extremely happy with the current radio system. He commended everyone before he came to the town for purchasing and putting it into place. He believes it is one of three state-of-the-art radio systems in Arizona. Mayor Honea noted that he, too, had problems with turning over Marana's assets to Pima County. Council Member Post asked if officers from different agencies would be talking to each other at the same time. Captain Wilson responded that that would be possible ifthey wanted to. Council Member Post directed comments to Ms. Thalasitis, noting that in the cost analysis, the town still maintains most of its old costs and we add a $42/month per unit cost. Nis Tl~~a~itis e~s~on~le~ ~a~ the Cots~~hat would go away for the town is the $70K/annual Regular ounce ee ,ng - Fre r ary 1 age 36 0 maintenance fee paid directly to Motorola now. The town would then pay the subscriber fee of about $118K/annually and then there is still discussion on what other costs we would have - such as energy for the tower sites and maintenance for the tower sites. Council Member Post stated it sounds like there's more cost analysis to be done and it may be a little premature to toss this out tonight. There may be a little bit of benefit and we could explore it a little further. There are things we could discuss in the IGA if we decide to back out. Ms. Thalasitis responded that staff is not recommending that Council make a decision tonight or decide to leave to stay, noting only that tonight's staff presentation was to highlight the three issues that we need to resolve -one of them being governance, the other being some break even on operating costs, and third - we need to look at the assets we'll be contributing and what kind of control we'll have over those assets. Mayor Honea asked if any other entities have signed on or off to the plan yet other than the Airport Authority? Captain Wilson said that in January 2008 they asked for jurisdictions to sign a memorandum of commitment -nothing binding -but an indication of ~~ 1lcther thc~ intended to continue their participation in the program. He believes 19 of those agencies responded, consisting mainly of the largest participants. Many of the smaller agencies d idn't respond. The larger agencies did, including the Marana Police Department did respond. The only agency that passed lc~islation for an IGA with PCW1N supporting the project is the Tohono O'e~dham. Their paperwork has been submitted for the right of entry request to begin thr ~~ ork. Mayor Honea asked if anyone in the county had radio assets siii~ filar to Marana's that would work in the PCWIN system. Captain Wilson reshond.ed that Pima Community College has also deployed a P-25 system. Council Member C'lanagan asked i h Rick Brown from Marana's staff could present a brief history on where we arc. and then he asked Tony Casella if he could come up and speak. Rick Iirow~~ noted that he had been on the evaluation committee for three or fouryears. He feels there is Mill a lot of negotiation still to be completed before we're ready to make a decision regardless of ~~ Nether the town decides to participate or not. However, those items should be on the tab lc t o n e ~ ~ of iate and then decide after we have enough information. He thinks the dispatch consoles are important. The radio system we have is state of the art, is stable, and was upgraded last vear, and it is valuable to us and the community, so he would not recommend ~~iving it away. "I~here may he a happy medium provided there is enough information t~ make a decision. Mr. Casella e~rressed his concern ~~ith the numbers being presented. He agreed with Council Member Post that it would be ~_ood to have the opportunity to sit with town staff and evaluate them. He would I ikc to take more of a team approach with this project and would like Marana to be part of the prujcct. and there are a lot of assets in Marana. When we get to the true cost analysis, he believes there is a bigger benefit to Marana with PCWIN than if they operated alone. Council Member Comerford noted that it's not about him or her, or the people Tony brought with him. We can sit down and agree about everything and work out a wonderful program. It's about your boss that says -sorry, Marana. And that you have no control over. Mr. Casella responded said that if that's the driving factor, then is there really any point to continue any kind of negotiation if that's not going to be overcome? Because his process is that he needs to move the project forward -not from the county's perspective -but he has 31 other agencies relying on the system, and he needs to get it up and running, and he needs to get direction to move forward. Council Member Comerford said there are still a lot of questions Regular Council Meeting -February 2, 2010 -Page 37 of 93 to be answered and the Council has a responsibility to citizens to do the best for Marana first and then regionally. Mayor Honea called upon the Council to direct staff to meet with the representatives here and their financial people post haste -this week or early next week, so see if we can get some more clarification. Ms. Thalasitis asked for the points of clarification: work jointly to look at costs and also the governance? Mayor Honea stated he would like to look at those things. Council Member McGorray stated that she, too, would like to see a precise list of the benefits to Marana in both case scenarios. She would also like a precise list of what PCWIN could produce versus what we have currently and asked if Pinal County do i n ~.; anything in this same venue? Captain Wilson said that the last he heard Pinal County had been looking for funding to build their system, but they're not as far along as we are. Thee arc lookinb to conduct studies. Council Member McGorray asked Captain Wilson if he sa~~~ a time in the future when Pinal County and Pima County would be on the same system. He responded that they didn't know if they would ever be on the same system. They really harcn't had any dialog, but there may be the potential for PCWIN to expand into Pinal County . Thee ilo I`c~rosee an opportunity with the ISSi technology that PCW1N could be connected with s~ stems around the southern Arizona region. Vice Mayor Kai said that he would encourage staff to look at the 800MHz frequencies. They're not made anymore and five years ~+gu the~~ were worth ~~OOK a channel. It's something to analyze if we decide to give them up. Mayor Honea called for an end to the discussi~~n. stating that it comes down to what is best for the citizens, and there are a lot cif unanswered questions. Mr. Casella stated that it ~~ould he l~~ him t~~ ~~ct approval from the town for a right of entry agreement. lle's ~~otten about 90°~~ of the ether agencies' approvals. Ms. Thalasitis noted that sta I I is a~area+blc is Council is interested in proceeding with the right of entr}~ agreement. Motion by Couj:cil Member Clanagan, second by Council Member Post to proceed with a right of entry agrcej~7ent io eruluation the system. Approved 6-1 with Council Member Comerford voting ~ruv. ,tlotion by Council Member Ziegler, second by Council Member Clanagan to move for~i~nrd and work with the county for a costlbenefit analysis and governance review. 161otion carried unanimously. P 2: Presentation: Relating to Development; request for direction on a potential annexation of property known as the Kai-Aura Valley Road Annexation. Vice Mayor Kai asked to be excused from this item This was presented by Kevin Kish. He described the proposed the annexation of 1200 acres and 1 '/2 miles of Avra Valley Road. The property is currently zoned at RH -rural homestead under Pima County's zoning. This would translate to Marana RD180 -.large lot residential zone. T~e ta~pgp)~c~ant haas exnresse~ i~.t~•est and an application for approximately 590 acres to Regular ounci ee i e ruary Z, 20'fD-- Page 8 0 the north of the annexation area for a land use facility on the site. He has been working with a private solid waste management person who's looking at doing the operations on it. He noted the various planning processes that would be required. This would add about 1 '/2 square miles into the town limits. Staff is looking to Council to proceed with the blank petition. Council Member McGorray asked if the annexation for the sole purpose of a landfill. Would there be other uses outside of the 590 acres? Mr. Kish responded that the proposed landfill is on it; their goal right now is to do a landfill there after going through the local, state and federal processes. The balance of the site in the southern area - no immediate plans on development. That would remain in the agricultural use for the near future. Council Member Comerford commented that this is a win/win situation for Marana and the entire Pima County northwest area. With the County closing their landfill, this takes care of an isstae ~~~e had. Michael Racy presented on behalf of the applicant. He clarified that the annexation request is for 1200 acres that includes the entire area. The Specific Plan is ~~)tl acres, so less than half of the annexation area. The balance of the annexation area ~`-uuld be addition<711y agriculture - later commercial opportunities may exist. The actual fill area is 430 acres centred inside the 590 acres -very heavily buffered. Mr. Racy assured Council that the landfill meets evzrv guideline aid would be an improvement over the safety situation at the airport nov, . I t ~~ i I I have no impact on future growth or expansion at the airport. David Morales spoke on the issue noting that this rroject would be an added benefit to the town. Albert Lannon from Picture Rocks spol~c regarding his concerns and how the I-10 bypass would feed into this of the annexation as an inducement for the bypass to handle the trucks coming through a 1 n n~i 1 i I I r~peration. Pict a rc Rocks opposes the I-10 bypass generally. He was curious about the nr~jorit~~ ufthe land not being annexed for the landfill. Annie Shelberg spoke regarding her eoncer'11s regarding 1\'[arana's control over the New West Materials site which hay e not orcurr~d, so she has same distrust issues with the town. She does not oppose the annc~ation of the hai proper~t~~. She asks that Council not act in haste. She referenced the tratiic ale>n<~ .1vra ~'al Ic~~ 1Zoad near her residence and noted that the additional truck tra('lic traveling hen~cen '~ mph and 75 mph would add to the safety issues as well as the Saguaro Springs project ~~-hen it begins main. Motion by Council Member Clanagun, second by Council Member Post to move forward with review of the potential annexation. Approved 6-0 with Vice Mayor Kai excusing himself from the vote. P 3: Presentation: Rc I at i ug to Administration; presentation and discussion of framework for FY 2011 Budget deve I upment/process and discussion of budget strategies for remainder of FY 2010 Presented by Gilbert Davidson with a slide presentation. He noted that this coming fiscal year we are facing the biggest financial crisis in terms of revenue and demand on public services. A number of critical decisions at the federal, state and local levels over the next few months will be required. He recognized the leadership of the Council in the creation of the budget for FY 2010. He believes that because of that we are positioned relatively well as we face the toughest c~h~alnlentgfe. The sSeverity of the town's issues are somewhat related to the state's decisions over RegulaP'Co~incif~llee int ~e~e6Puary 2, 2010 -Page 39 of 93 There are a number of things he hopes the town is able to achieve - (1) the budget framework for 2011 and what he encourages as we face the challenges we have that we're able to frame them in the right context -key community values (2) some of the administrative efficiencies already begun, not only with this fiscal year but a number of items to carry forward in FY 2011 and (3) next steps and critical dates. There are two separate parallel tracks that are taking place, and our staff is working very hard at managing both of these. One is going to be directly involving each Council Member in the next several months -the public policy track. Tonight we are leading off with what to expect for this upcoming fiscal year and beginning to frame some of the critical decisions of where to allocate to limited resources. The second parallel track is the administrative track. Throughout this fiscal year we've been constantly monitoring expenditures to be i n I ine with revenues. Some modifications will be made. We'll then take what you determine tonight as part of our community values and organize that as to what it means to the budget -service levels, and providing Council the data of how much we spend by fimctional area, and then coming back over time to make critical decisions and adopt what we had last year of the Levels 1, 2 and 3 - green, yellow, red. It has worked well with our staff in terms ~~i'understanding the budget. Ultimately we come up with a policy document to gu i do u ~ i i~ r fi seal year 2011 Using values to help make critical budget choices starts with ~~-hat's most important to each of us. He then opened the item up for discussion by asking what arc the things that you look for as to why you chose any town or city. Three idcntiticd in staff discussions are (1) making sure you have a safe community -and not just ~~~ i t h h~~ I i ~ i n g; (2) making sure you have a clean community, drivable roads, trash picked up and infrastructure maintained; and (3) making sure you have a healthy communit} h~- providing and number of recreational opportunities. Council Member Comerford noted that the core. issue for the community is health and welfare. Council Member Post agreed and added that each category be looked at as of utmost importance. Mr. Davidson a>,icurred an~1 ce,ntinued that by stating all elements in a core focus area would be touched upon . Council M e m be r Ziegler noted that renegotiating sub-contractor or vendor or consultant contracts should he looked at as a way of reducing costs. She also noted that our attorney lees are gets i ng very high -possibly due to wastewater and asked if other things can be looked at that we d~n~t need to do right now with outside attorneys. Council Member Zichler asked if during the budget process Council could see every line item. Mr. Davidson respunJed that typically line by line would be micro-managing and has not been done. Many line items arc reduced to the bone, and he recommended not going in that direction, but to frame the items you want to see as part of the budget package. Council Member Clanagan noted in regard to vendors and contracts in relation to Parks & Recreation for leases, etc. He wants to make sure that those costs are being paid for by the users. Mayor Honea expressed concerns about some of the social programs offered for seniors and after school programs. These are programs that might be adjusted in terms of fees or hours of operation to make sure these programs remain available. Mr. Davidson concluded and stated that the next direction will be to look at services and service options and another bucket concept. Another thing added this year will be the element of outreach to citizens and business so that Council can engage in dialog throughout the town in line with homeowner association meetings and other civic meetings. It will be especially Regular Council Meeting -February 2, 2010 -Page 40 of 93 important this year to get out and share and talk to citizens and business owners. Budget choices will be aligned with critical issues. Four staff committees have been working very hard to look at (1) vehicles and equipment, purchases, maintenance schedules and size of the fleet; (2) staff training and certifications and internal training; (3) mobile communication devices is an area for a new way of thinking not only for contracts and usage; and (4) salary management options which will require additional Council review and authorization. Anew idea of a sabbatical leave as well as programs that were implemented successfully last year, and finally through March and April, implementation of the selected service levels. No motion required ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF ('URRENT EV EN I~S Council Member Post commented on an article in the Sundav paper on the City ~fTucson on how difficult it is to open a business in the City, and he ~~ants to make sure that csheci.ally as the town tries to revamp Marana's economic opportunities. that Ivlarana never becomes the subject of an article like that. Council Member Comerford commented ~xi the passing of ~~'hceler Abbett and his contributions to the community and to the to~~n as the chair of the. planning commission and the building of the library in the Continental Ranch area. Vice ~1a~~or Kai echoed the sentiments of Council Member Comerford and noted that he had visited Mr..~~bt~ett a few weeks before his passing. Council Member C'lana~an also noted his gratitude to Wheeler Abbett who was responsible for getting him involved in the town. He noted that he had called Mr. Davidson in regard to the same article referred to h~~ C'ouncil >\lember Post. Council l~lcmber Zie~lcr noted that ~4'heeler Abbett's family asked her to send their thanks and pray et~s. She also noted that she attended the State of the State address and was invited to the i~lannin~~ House to talk t~~ the Goy ernar. She felt that the Governor had given a lot of thought to jobs in Arizona. Council Member ,~9cGorra~ wanted everyone to pay attention to the Governor's budget when it's released on Fri~la~ . She` attended media day for the Accenture Match Play. Mayor Honea commented on Wheeler Abbett and his respect for the man personally and professionally. There was no report as to when the memorial service would be held, but it would most likely be at the library. He also attended his last function as the chair of the PAG at the San Xavier Mission. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson had no report but noted that any information on the Abbett memorial would be disseminated as soon as possible. Re ular~oun F ~PORTbS g g - e ruary 2, 2010 -Page 41 of 93 CONSENT AGENDA No items. COUNCIL ACTION No items. GENERAL ORDER OF BUSINESS BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Transportation; providing an update on the Pima County Regional Transportation Authority's consideration of options for future operation of the Sun Tran bus system Presented by Mayor Honea and T. VanHook. The RT;1 board got together un Monday to talk about the regional transit -primarily Sun Tran. There ~~ as a lot of discussion about a regional transit system. Ms. VanHook reported that the n~ana~ement <<roup and the board talked about having a single source provider throughout the region. That does not mean a single vendor but services would remain under a variety of contracts. The purpose of the meeting was to identify issues and address questions on how a regional plan would ~~ ork and what it would look like; to define the costs short and long term; explore how other similar re~~inns have done a transition from a multiple to a single source provider system; look at what proposed models would come out of that; legislative authority and what legislative empo~~ crmcnt ~~ou1d be required. At the end, Mayor Honea encouraged all professional stall from all jurisdictions be included in future negotiations. Mayor Honea concluded that lour of the entities expressed concern about funding, which could run into mi I lions of dollars. RTA staff has not established a funding source. Council Member Zic~ler reiterated that if there's no funding source, it's anon-starter. When she thinks of th ~ t e rm a s i n ~-~ I e source prov i d rr s lie thinks of no competition. And there are pros and cons on that. Ms. Van I loot: clariticd some of the points raised by Council Member Zic~le r. No union necessrn_t'• D 2: Le~~i;lative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Presented by Step e Huffman, who reported briefly that the legislative session had started on Monday. There were references made that the Governor would release her plan with the current fiscal year and the ZO l I budget. She stated that her plans would fall into three broad categories. First, fairly significant eats that are not quantified yet; second, increase in revenues with the assumption that it woal~i be similar to the sales tax increase she proposed last year; and the third would be structural reforms. It's very hit or miss how seriously the Legislature will take the Governor's proposals this year. The League is working to track bills. The Senate will actually be hearing bills, and staff will be tracking those as well. There will be significant layoffs and closure of state offices and consolidation of services in the Phoenix area. EXECUTIVE SESSIONS Regular Council Meeting -February 2, 2010 -Page 42 of 93 E l: 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 FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 9:26 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes ~~1 the Marana Town Council meeting held on January 12, 2010. I further certify that a qu~~rum ~~as present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -February 2, 2010 -Page 43 of 93 ~~~~~ '~ •~%/ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 19, 2010, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member. present Patti Comerford, Council Member. excused Carol McGorray, Council Member, present Jon Post, Council Member. present Roxanne Ziegler, Council ~~icmt~cr. present REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:p9 h.m. Town Clerk Aronson called roll. Council Member Comerford was excused. There ~~~as a quorum present. PLEDGE OF ALLEGIANCE%INVOCATI01~/~1C)MENT OF ~1LENCE Led by Mayor Honea. APPROVAL OF A(i -;NDA Mayor Honea noted that there were two chan~~es on the agenda- items C3 and C4 would be moved from the Consent Calendar to the first items under General Order of Business. The Proclamation I_or l~ucson Lighming.~ill not be read. Col. Stroud from the Air National Guard, and Ora 1~1ac Barn will make a brief presentation regarding the 162nd Fighter Wing bring F-35 to Tucson. Motion to approve as noted fnnved by Council Member McGorray, second by Council Member Clana~~ai7. Motion carried unanimously. CALL TO THE PU I3 L IC' No speaker cards were presented. PRESENTATIONS P 1: Presentation: Relating to Personnel; Chiefs Citation for Professional Excellence Chief Tometich presented Officer Gerrie Tinsley with the Chief's Citation for Professional Excellence. He expressed his appreciation for having so many people from the Marana schools present at the meeting, because that is the reason Officer Tinsley is receiving the award and because of the distinction she gives to the department related to that work. He then invited Officer Tinsley to the podium while he read the citation for the benefit of the Council, staff and Regular Council Meeting -February 2, 2010 -Page 44 of 93 audience. The citation noted several instances of Officer Tinsley's work. Officer Tinsley thanked Chief Tometich and the Council and introduced her family. P 2: Presentation: Relating to Tucson's rain water harvesting ordinance City of Tucson Vice Mayor, Rodney Glassman gave a presentation on Tucson's rain water harvesting ordinance. He concluded by giving copies of the ordinance research to the Mayor and Town Manager. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Tucson Lightning Proclamation Mayor Honea introduced the town historian, Ora Mae Aare. ~~ ho introduced Col. Greg. Stroud of the 162na Fighter Wing of the Air National Guard ~~ho made << brief presentation on bringing the F-35 to Tucson. Mayor Honea noted that the Council had sent a letter to Mayor Walkup of Tucson supporting the F-35 at Tucson International ;Arport, and presented~~Col. Stroud with a proclamation of support on behalf of the Council. Council Members Yost, Ziegler and Clanagan asked what they could do to support this t~roject, and thanked Col. Stroud for his presentation. MAYOR AND COUNCIL REPORTS: S l i ~~ 1v~l r~ RY OF CUR R LN~1~ L VENTS MANAGER'S REPORT: SUMMARY OF Ct_l[ZRL~.NT l~VI~N"1~S STAFF REPORTS GLNEKAL ORDER OF BUSINESS CONSENT f~G>/.ND~A Motion fn nhprove us n~iecnded nroi~c~d ht' Council Member Clanagan, second by Council Member ;11cGorray. tYlolioir c~~rric~~l r~rurnimously. C 1: Resolution No. 2010-(tS_ Relating to the Marana Municipal Airport; authorizing the Town Manager to esecuie a grant a~~r~ement with the Arizona Department of Transportation (ElOF25) to pro~~idc state share match funding to FAA 3-04-0058-18 C 2: Resolution No. ? t)1 U-09: Relating to Community Development; authorizing the Town Manager to execute a-~ Agreement for Services with the Pima Association of Governments to extend management and implementation of the Summer Youth Transportation Art Program through December 31, 2014 C 3: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person and Location Transfer of a Series 6 (Bar) liquor license application submitted by William W. Mack on behalf of Vintabla Wine & Spirits, located at 12130 N. Dove Mountain Blvd., # 144 Regular Council Meeting -February 2, 2010 -Page 45 of 93 Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. C 4: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by Southern Arizona Kart Club, Inc. on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for handicap racing equipment Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. C 5: Minutes of the January 5, 2010 regular council meeting COUNCIL ACTION A 1: Ordinance No. 2010.04: Relating to Annexation; anncsin~~ into the corporate limits of the Town of Marano that territory known as the Oshrin Perk Lots 3-9 annex~ition being an area containing approximately 7.3 acres of land located ~~~ithin the Oshrin Park Subdi~~ision, specifically lots 3-9 and the adjacent rights-of--way o1~ Span ish F~ayonet Drive general ly located south of Cortaro Farms Road and east of Cerius Stra~~enue Presented by Lisa Shafer who noted that this had come before Council previously, and was a routine follow-up for prospective annexations. Motion to approve moved by Council Men>'hc~r Post, sec'nnd hl~ C'ouitcil Member Clanagan. Motion carried unanimously. BOARDS, COMMISSIONS .~~ND COMMIT'l~F,l?.S ITEMS FOR DISCUSSION;"I'OSSI[~LE ACTION D 1: Legislative Issues: Discussi~~n/I)ircctionir~c-ion regarding all pending bills before the Legislature EXECUTIVE SESSIUhIS Moti~ii to , n into executire~ sessio~i nor item E3 moved by Council Member Post, second by Council!>Ic~~r~bc~rMcGorraJ~. rifotion carried unanimously. Council left the Ja i s at 8: ~ ~ p.ni. Council returned t~ the dais at 8:52 p.m. 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources Regular Council Meeting -February 2, 2010 -Page 46 of 93 E 3: 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 No action required. FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second h~, C'~~u~uuil Member McGorray. Motion carried unanimously. The meeting was adjourned at 8:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 19, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -February 2, 2010 -Page 47 of 93 P""~~~~ ~~~ ~~~ 4?w+ a. wse~.~.~w 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license application submitted by the PGA Tour, Inc. on behalf of The Ritz Carlton Golf Club, Dove Mountain, 6501 W. Boulder Bridge Pass for the Accenture Match Play professional golf tournament Discussion: This application is for a special event liquor license submitted by the PGA Tour, Inc. on behalf of The Ritz Carlton Golf Club, Dove Mountain, 6501 W. Boulder Bridge Pass for the Accenture Match Play professional golf tournament. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Four applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying. organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached is the application covering this event. The event dates are February 15th through February 21st, 2010. Regular Council Meeting -February 2, 2010 -Page 48 of 93 ATTACHMENTS: Name: O SE_Lquor Lic_Match Play.pdf Description: SE Liquor Lic.Application Type: Backup Material Staff Recommendation: Staff recommends approval of this special event liquor license applications. Suggested Motion: OPTION 1: I move to approve the special event liquor license application submitted by the PGA Tour, Inc. on behalf of The Ritz Carlton Golf Club, Dove Mountain, 6501 W. Boulder Bridge Pass for the Accenture Match Play professional golf tournament. OPTION 2: I move to disapprove the special event liquor license application submitted by the PGA Tour, Inc. on behalf of The Ritz Carlton Golf Club, Dove Mountain, 6501 W. Boulder Bridge Pass for the Accenture Match Play professional golf tournament. Regular Council Meeting -February 2, 2010 -Page 49 of 93 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #521 Phoenix AZ 85007-2934 ~ ~ -~ Tucson AZ 85701-1352 {602} 542-5141 ~ ~ . -'_~„ ~ ~ (520) 628-6595 Feet= $2~ 00 per .clay for "I~ 410 clay e~~~ts only A service fee of $25.00 wi11 be charged for all c(ishonc;;re~~checks (A.R.S.§ 44-6852) 7 ~ z; t :!> f NOTE: THIS DOCUMENT MUSS' 1[:3~:FULLY COM~LE~T-Ep OR !T WILL BE RETURNED. PLEASE ALLOW,'i0 BU~INE.SS~DI~YSF~'C~~ PROCESSING. **Application must be approved by local gpvernment befpre submtssiori;io: DLLC usr otui,Y Department of Liquor Licenses and Controil tSebbon #20~.. ~° >r~C>;NSE # 1. Name of Organization: PGA~rouR, inc. s.'`~± ~~sy,, u~w. 2. Non-Profit/1.R.S. Tax Exempt Number: s2-oss92os 3. The organization is a: (check one box only) ^ Charitable (~ Fraternal {must have regular membership and in existence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? professional golf tournament 5. LOCatIOn of the event: 6501 W Boulder Bridge Pass Marana AZ 8sssa Address of physical location (Not PA. Box) City ~ County Tap Applicant must be a member of the aualif ving organization and authorized by an Officer. Director or Chairperson of the Organization named In Question #1. (Signature required in section #181 D - 6. Applicant: Brown. Jr. Leonard . Last First Middle Date of Birth 7. Applicant's Mailing Address: ~~ PGA TouR Boulevard Pante Vedra Beady FL 32082 Street City State Zip 8. Phone Numbers: (~~ } s~z-eaoo (soa } zes-~~oo (ooa Site Owner # Applicant's Business # Applicants Home # 9. Date(s) & Ht)urs of Event: (Remember: you carurot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M.IP.M. To A.M./P.M. Day 1: February 15, 2010 Monday 7:00 AM 6:00 PM Day 2: February 16, 2010 Tuesday 7:00 AM 6:00 PM Day 3: February 17, 2010 Wednesday 7:00 AM 6:00 PM Day 4: February 18, 2010 Thursday 7:00 AM .6:00 PM Day 5: February 19, 2010 Friday 7:00 AM 6:00 PM Day 6: February 20, 2010 Saturday 7:00 AM 6:0o PM Day 7: February 21, 2010 Sunday 7:00 AM .6:00 PM Day 8: Day 9: Day. 10: ~oiosa 200 *Disabled ind'vidduals requ' ' special accommodations, please call (602) 542-9t127 Regular ~ouncil Meeting -February 2; 010 -Page 503 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? [~ YES 0 NO (attach explanation if ves) 11. This organization has been issued a special event license for ° days this year, induding this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. .THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Conquistadores Tournament !nc d/b/a Tucson Conquistadores ~s~o Percentage Address 6450 E Broadway Boulevard Tucson Arizona 85710 Name world Golf Foundation /The First Tee Address One World Golf Place, St. Augustine, Florida 32092 12.5% Perc~tage (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or• this application, please contact the Arizona State Qepartment of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws a# this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) 35 # Police Q Fencing 54 # Security personnel Q Barriers Liquor is only sold inside certain hospitality venues. The concession stands only seg beer. 16. Is there an existing liquor license at the location where the spedal even# is being held? Q YES ®NO If yes, does the existing business agree to suspend their Liquor license during the time period, and in the area in which the special event license will be in use? ^~ YES ^ NO (ATTACH COPY OF AGREEMENT Ritz Carlton Golf Club, Dove Mountain ~sva } 572-8000 Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spin#uous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your spedal event licensed premises. Please show dimensions, serving areas, .fendng, barricades or other control measures and security positions. Regular Council Meeting -February 2, 2010 -Page 51 of 93 ADDITIONAL SHEET 13. Name: PGA TOUR. Inc. 12.5% Ncrccntagc Address: 100 PGA TOUR Btvd Ponte Vedra Beach FL 32082 Regular Council Meeting -February 2, 2010 -Page 52 of 93 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions} NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NT Regular Council Meeting -February 2, 2010 -Page 53 of 93 cd _ ~. ~. ~ •~ •~ ~a a ~ ~. ,~ °' ~. w ~~ w ~ ~ .~ a ~ ~ ~a 0 ~. 0 N. • A Regular Council Meeting -February 2, 2010 -Page 54 of 93 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DfRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAfiAED IN QUESTION #1 ~ , ~ T ~ $ I Leonard D. brown, Jr. declare that I am ~ OfficerlDirectorJChaimerson appointing the (Print full name) ' applicant i" ted in Question 6, to apply on behaEf of the foregoing organization for a Speaal Event Liquor Licer-se. X = - Senior Vice President I ~ a (soa ) 2as-s~oo (Signature (TiflelPosition) ( te} Phoned State of ~ County of ~~"~:'~~•a pig C .IOH~FSON oing instrument was Cknow dged re me this ~ti Pabtic • Sbdrr W it~prldtl °~`S~ °~'~ ~~ _• Mf' Cansrt. fxpirn O~c ~. 20t2 ar Ca~lat N !~ iN410 My Commission expires n? ,~ .~~_~,K_-_~„4,__-•.. - - ~-"~~ THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19 I Leonard D. Brown, Jr. declare that I am the APPLICANT filing this application as (Print fufl name) list in Question ti. I have read the application and the contents and ail shatements are tnae, correc nd pfete. State of ~~~ County of X c ^~~ The foregoing instrument acknowledg befor a this {J~g YP~h~ i/.AN .JGIiNSON '~ ~ - ~J O~Q ~_" Z ~~ i+pbNe ~ $t~M 01 FlptiOi ~ pC _• •?i llty C41tIrM. tacpiflt Dec ti. 2012 -_ Day ~ Year :°~ ~ Commiaataa #- oo OIM70 _ . . My commissio eii~,---_ ~ r: You must obtain local government approval. City or County MUST recommend event and comElete item #20. The local governing bodv may require additional applications to be completed and submitted 60 days in advance of the event. Additional Ilcensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 2l). (Government OfficiaQ hereby recommend this special event application t~~) on behalf of (City, Town or County) (Date) (Signature of OFFICIAL} FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) {Date) APPROVED DIS VED Regular Council Meeting -February 2, 2010 -Page 55 of 93 ~»~ ~~ °~~ ~~~ ~ ~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by Copper Baseball Club on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for youth baseball Discussion: These applications are for special event liquor licenses submitted by Copper Baseball Club on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for youth baseball. These events do not require an additional special event permit as the venue is designed for the activities being conducted. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Four applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached are the four applications. The event dates are February 14th, 15th, 18th, 19th, 21st, 22nd, 25th, 26th, 27th, and 28th, 2010. Regular Council Meeting -February 2, 2010 -Page 56 of 93 ATTACHMENTS: Name: ~ SE_Liquor Lc_Sports Park_Baseball Club.pdf Description: SE Liquor Lic.Applications Type: Backup Material Staff Recommendation: Staff recommends approval of these special event liquor license applications. Suggested Motion: OPTION 1: I move to approve the special event liquor license applications submitted by Copper Baseball Club on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for youth baseball. OPTION 2: I move to disapprove the special event liquor license applications submitted by Copper Baseball Club on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers for youth baseball. Regular Council Meeting -February 2, 2010 -Page 57 of 93 State of Arizona ,Depart soo w R'i v . Fee "= A service fee,of $25.00 will ATE: THIS DOCUMENT MU of ?IN~~ 1Q' BUSINESS. and Control y r'RS.§ 44-6$52) LL BE RETURNED. **Appltcation must be approved by local government before srbrinlssion to nLLC USE Q1VLY Department of Liquor Licenses andGontrol. (Sectis;n #20) LzcsNSa # 1. Name of Organization: coPae-i~aseaax;cmb 2. Non~ProfiUI.R.S. Tax ExempfNumber:.. 2fi-2~7577,< -~ 3. The organization is a: (check~one box oiity)' Q Charitable Q FratemaE (must have regular membership and in existence for over 5 years) Q Civic ^ Political Party, Ballot Measure, or Campaign Committee Q Religious 4. What is the purpose of this event? Fund-raiser for youth baseball 5. Location of the event: 6'901 N. Casa Grande Hwy. Tucson Pk'na E5743 Address of physical location {Not P.O. Boxy City County Zip Apalicant must be a member of the aualifyiflu organizatbn and authorized by an Officer Director or Chaimerson of the Organization named in Question f~1. [Signature required in section #181 6. Applicant: A~~ ~ ~~ ~ Last First Middle Date of Birth 7. Applicants Mailing Address: -~- Tucson Arizona 85745 Street City State Zip $. Phone Numbers: 5~ ~ { ~o ) z~~-sass { s~o ) _ Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) ~ Hours of Event: {Remember. you canno# sell alcohol before 10:00 a.m. on Surxiay) Date Day of Week Hours from A.MJP.M. To A.M./P.M. Day 1: 2/14/2010 Sunday 10:00 am 11:00 pm Day 2: 2/15/2010 Monday 5:00 pm 11:00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day $: Day 9: , Day 10: orob osrzoo9 *D;sabted individuals requiring special accommodations, please cast (6tT2}542-9Q27 Regular Council Meeting -February 2, 2010 -Page 58 of 93 b 10. Has the applignt been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES [J NO {attach explanation if ves) 11. This organization has been issued a special event license for z days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES [~ NO If yes, attach a copy of the agreement. 13. l.is# all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 2'$% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Jeffery Arsola, Copper Baseball Ctub as% r~n~ Address st., Tucson, Arizona 85745 Name Pmnade Concessions LLC 75% P9e Address Drive, Tucson, Arizona 85743 (Attach additional sheet if necessary) T4. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please a~ontact the Arizona State Department of Liquor Licenses and Control for assisfance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MtJST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? {List type and number of security/police personnel and #ype of fencing or control barfiers if applicable} # Police p Fencing z # Security personnel p Barriers Alcroholic Beverages to be served In an enclosed area with security checkpoints at enhancelexit 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will tie in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ame o Business ~+ } Phane Number 17. Your licensed premises is that area in whid~r you are authorized to sell, dispense, or serve spirihioi~ liquors under the provisions of your license. The fo[kmring page is to.be used to prepare a diagram of your specal event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures areal security positions. Regular Council Meeting -February 2, 2010 -Page 59 of 93 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18 1, Jeffery Arcola declare that t am an OfficerlDirectoAChaln~erson appointing the (Print full name) applicant listed in Question 6, to apply an behalf of the foregoing organization for a Speaai Event Liquor I_ioense. ~/ (~" nature (Title/Position) ( ) (phone#) -~-~--- YUANA O ~"'~ County of ~ r'"`~ . NOTARY Pt.IBLIC • ARIZONA The foregoing instrument acknowled fore me this PIMA pt7tJNTY My Commission sires 1 ~ % ~(C7. FAbrua 2011 ~Y - Year My Commission expires on: _ ~G 2-7, ZZpf / . ~ v •--E,, r~-v . (Date} {Sgn of ARY PUBLlC) THIS SECTION TO BE COMPLETED ONLY BY THE AP ANT NAMED IN QUESTION #6 19. t Jeffery Arsoia declare that I am the APPLICANT filing this application as (Print fuii name) listed in Question B. 1 have read the applira#ion and the conterrts and all statements are Prue, correct and complete. YOANA I:It3MA~ ~ County of ~ •~-a . X NOTAl~Y PIDRLIC - foregoing instrument wras ar,ImowAedged before me this (Signatu .~ . My Commission sires f~ / ~ ~~ U Februa 27 2011 pay ih Year My commission expires on: T"~ 2.7 r 2v tl . ~w , _You must obtain local aovemment approval. Citv or_County ~tLST r~ebmmend event and complete item X20. The local oovernin~t body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. 1, hereby r~ecommertd this speaal event application (tovernment Offraal) {Title) on behalf of (City, Town or County) (Signature of OFFICIAL) {pate) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date} APPR D DI PPR VED Regular Council Meeting -February 2, 2010 -Page 60 of 93 State of Arizona Department of Liquor: Licenses and Control' 800 W ~Washington,,Sth Floor Phoenix; AZ 85007 www.az(iquor.gov {602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE . ~ Fee = $25.00. r d~ far 1-10 da events an Pe ' Y Y h+, ;; A service fee of $25.Q0 will be charged.for all dishonored checks (A`R:S.§ 44-6852) NOTE: THIS DOCUM~IVT MUST BE FULLY COMPLETED OR IT'WfLL BE RETURNED. PLEASE ALLOW 10'BUSINESS.~/AYSFOR APPROVAL ,: ""Application must be approved by local government before submtssfon to DLLC v&r orv,Y Department of Liquor Licenses and Control. (section #20) ~icsrrss # 1. Name of Organization: copper s~~~,~1 cl~ 2. Non-Profit/I.R.S. Tax Exerr-p1 Number: zs-2&07577:. _...:., 3. The organization is a: (check one box only)> >: ^ Charitable p Fratemal(must have regular membership and in existence for over 5 years) p Civic p Political Party, Ballot Measure, or Campaign Committee © Religious 4. What is the purpose of this event? Fund-raiser for youth baseball 5. Loca$on of the event: r~so1 N. Casa Grande Hwy. Tucson Puna 85743 Address of physical location {Not P.O. Box) City County Zip Apnticant must be a member of the aualifvina oroanization and authorized by an OfFicer. Director or_C_hairaersan of the Or+~anization name~in Question #1. (Signature rer~uired in section #1,6~ 6. Applicant: ~~ Last First Middle Date of Birth 7, Applicant's Mailing Address: -~• Tin ~~ ~~~ street city state zip 8. Phone Numbers: (~ j~ (~ ) zs3-sts3 (s2o ) ~ - 5ite Owner ~ ApplignYs Business # ARplicaot's~Ffonle=# 9. Date(s) & Hours Of Event: (Remember. you saRn~ sell alcohol before 10:00 a.rr~ on Sunday) Da#e Day of Week Hours from A.MJP.M. Day 1: 2/1$!2010 Thursday 5:00 pm Day 2: 2119/2010 Friday 5:00 pm Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: ray oio6 osnoo9 *Disabled individuals requiring specie[ accommodations, please call (642} 542-9027 Jeffery AAat~as To A.M./P.M. 11:00 pm 11:00 pm Regular Council Meeting -February 2, 2010 -Page 61 of 93 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? YES [] NO (attach explanation if ves) 11. This organization has been issued a special event license fora days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES [J NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Aocoun# for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Jeffery Arcola, Copper Baseball Club 25% Percentage Address t., Tucson, Arizona 85745 Name Pinnacle Conr~sssions LLC 75% Peraarrtage Address Drive, Tucson, Arizona 85743 (Attach additional sheet'rfnecessary) 14. Knowledge of Arizona State Liquor Laws Tine 4 is important to prevent liquor law vfofafions. If you have any questions regarding the law or this application, please contact the Arizona State Departrrtent of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures wiN you take to prevent violations of state liquor laws at this event? (List type and number of securitylpolice personnel and type of fencing or control barriers it applit:abfe) # Police p Fencing z # Security personnel p Barriers Alcoholic Beverages to be served In an endosed area with security chedcpoirrts at entranoelexit. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO if yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO {ATTACH COPY OF AGREEMENT) { ) Name o Business Phone Number 17. Your licensed premises is that area in which you are authorized to self, d~pense, or serve spirituous fiquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -February 2, 2010 -Page 62 of 93 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #'1 18 !, Jeffery Arcola declare that ! am an WIiceNDirector/Chai~r9an appointing the (Print full name) applicant listed in Question 6, #o apply on behalf of the foregoing organ¢ation for a Special C-vent Liquor license. x {Title/Position) (Date) (Phone #) v5~s~~®~nAN® ~iOTARY Ptit±LiC - ARIZOl~e PIMA l:Ot1NTY My Commission ;moires nny Commission expires on: ~~'~ 2°] 2yil {Date instrument was nowledsed before rrre this Day 19. fr Jeffery ~o~ declare that ! am the APPLICANT filing this application as (Print futl name) listed in Question 6. 1 have read the application and the contents and all statements are true, correct and complete. -County of ~ .-.r+cc . was acknowledged before rr-e this (Signature) My Commission My commission expires on: ~~ 2 '7, Zvl I - Year in advance of the everrt. Additional licensing foes may also be required before approval may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government t3ffiaal) {Title) heroeby recommend this specie event application on behalf of (City, Town or County) {Signature of OFFIC1Al) {Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Empbyee) (Date) A PROVED DI P E BY: Regular Council Meeting -February 2,.2010 -Page 63 of 93 State of ArizonaDepartment of Liquor Licenses and Control 800 W' Washington 5th .Boor Phoenix, AZ .85007 :` www.azliguor:,gov {6U2}542 5141 APPLICATION fOR'SPECIAL EVENT LICENSE .~ ~° Fee = $25.04 per'rfayfor:1-~gday evenfs only ;;• A service fe~:of $25.00 will be charged-for all dishonored checks {A R:S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FUIa~Y>COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW-10BUSINESS, DAYS"F(JR APPROVAL **Application must be approved by lticai gavernmertt before submission to DLVC USE oisLY Departtnetrt of Liquor Licenses anal Controi:~_(Sectan #20} LxCE>nrsE # 1. Name of Organization: eas~ii cion 2. Non-ProfiUl.R.S. Tax Exempt>Number: 2s-2so7srr 3. The organization is a: {check~one box ortly)' ^ Charitable ^ Fraternal {must have°regular membership and in existence for over 5 years) Q Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this er+ent? Fund-raiser for youth baseball 5. Location of the event: 6901 N. Casa Grande Hwy. Tucson Pima s5-r4a Address of physical location {Not P.O. Box) City County Z~ AAgiicant must be a member of theguaiifiring organization and authorized by an Officer, Director or Chairoerson of the Organization named in Question #i. f3ignature reauired in section #1$f 6. Applicant: 'pia Last First 7. Applicants Mailing Address: ~ St• Middle Tucson Street. City 8. Phone Numbers: (5~ ) ~ (rte ~ 2ss-s,a~ Site Owner # Applicants Business # 9. Date{s) & Hours of Even#: (Remember you can seH alcohol before 10:00 a.m. on Surxiay) __ Date of Birth Arizona 85745 stag zip szo 1 ~ Applicants Home # Date Day of Week Hours from A.M./P.M. Day 1: 2/21/2010 Sunday 10:00 am pay 2: 2/22/2010 Monday 5:00 pm Day 3: Day 4:. Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: oios osrzoos *Disabled individuals repairing sp~ial accommodations, please call (602) 542-9027 Jeffery t,~aas To A.MJP.M. 11:00 pm 11:00 pm Regular Council Meeting -February 2, 2010 -Page 64 of 93 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ~ YES Q NO (attach explanation if yes) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? Q YES Q NO If yes, attach a copy of the agreement. 13. List all people and organ¢ations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name JefferyArsola, Copper Baseball Club 25% Percer~e Address- t., Tucson, Arizona 85745 Name Pinnacle Concessions LLC 75°k Perk~ar~tega Addre~~ Drive, Tucson, Arizona 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. °NO ALCOHOLIC BEVERAGES SHALt_ LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number ofsecurity/police personnel and type of fencng or corttrol barriers if appligble) # Police p Fencing z # Security personnel p Barriers Alcoholic Beverages to be served in an enclosed area with securiiy checkpoints at en6ran~/exit. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ^ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( } Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -February 2, 2010 -Page 65 of 93 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CWAIRPERSON OF THE ORGANIZATION NAMED tN QUF_S'TlON #'1 18. I Jeffery Arcola deGa~e that I am an Offit:edDirectodChaimerson appointing the (Print fuH name) applicant listed in Question 6, fo apply on behalf of the foregoing organization for a Special Event Liquor License. x _~~~~~. ~.~~G--- C~iinr? ~ J!.~1.~1~._ ~~~? L~3°t'~~t }~ (~ t r,~,,, sitian) (Date) (Phone #) Y A A P~t;B~ANC N UBI..€;; -ARIZONA ~~ ~ Courtly of ~"'"^^'cc ' FiMA ~:OUNTY The fo Ding instrument was acknowledged before me this AAy Commission ~plres ~ ~ ~~ Februa 27 2011 Day Mordh Year My Commission expires on: ~~ 27 ~~ (. ~. (Date) (S nature of PUBLIC) THI$ SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #fi Jeffry Arcola 19. I, declare that I am the APPLICANT filing this application as (Print full name) fisted in Question 6. I have read the aooliCation and the contents and ali statements are true, Don ed and complete, NOT, x M!+ Commission My commission expires on: F~j ~7. ~1 ~ . You must obtain local government agurovai. of me this Month ~% J / Year in advance of the event Additional licensing fees may atsa be required before approval may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special even# application {Goverr~nent Offiaal) (Tits) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Commen# Section: {Employee) {Date) P O DI D B Regular Council Meeting -February 2, 2010 -Page 66 of 93 State of Arizona;Departmen~ of uquor`~icenses and Control 800-1N: Washington'Sth Floor Phoenix; AZ 85407 www.azliquorgov (61)2}542-.5141 . _._ . Fee = $25 00, perday for 1-10 day events only ` -~ A service fee of $25:OU will be charged #or all dishonored checks (R:R:S.§ 44-6852) MOTE: THIS DOCUMENT MUST.BE FULLY COMPt_ETED OR IT WILL. BE RETURNED. PLEASE ALLOW 1U'BUSINESS DAYS; FOR APPROVAL **Applica#ion must be apprOVed by idCai gOVBrilinent before subnnossion to DLLC USE OidLY Department of Liquor ceases and Cowl:. (section #20) LICENSE # 1. Name of Organization: copr,~r:sa;crub 2. Nan-Profit/I.R.S. Tax Exempf~}Numi~r . zs-?so~sn ' - _... 3. The organization is a: (check one box only) .. p Charitable ^ Fraternal (must have regtalar membership and in existence for over 5 years) Q Civic ^ Political Party, Ballot Measure; or Campaign Committee Q Religious 4. What is the purpose of this event? Fund-raiser for youth basebalE 5. LOCatIOn of the eV@nt: 6901 N. Casa Grande Hwy. Tucson Pima Address of phystical location (Not P.O. Box) City County Aaplicant must be a member of the aualifvina organization and authorized by an Officer. Direct 85743 lap gr or Chairperson of the Organization named. in Question #'I. tSignature required in section #181 6. AppliCBnt: afsola Jeffery Macias - t_ast First Middle Da#e of Birth 7. Applicant's Mailing Address: ~st. Tucson Arizona 85745 Stmt City State Zip 8. Phone Numbers: (5~ ) ~ (~ ) zs3-sis~ (moo ) ~ Site Owner # Applicant's Business # Applicants Home # 9. Date{S) & Hours Of Event: (Remember you cannot sett alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from AM./P.M. To A.M./P.M. Day 1: 2/25/2010 Thursday 5:00 pm 11:00 pm Day 2: 2/2S/2010 Friday 5:00 pm 11:00 pm Day 3: 2/27/2010 Saturday 7:00 am 11:00 pm Day 4: 2/28/2010 Sunday 10:00 am 11:00 pm Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: ~;o ofos osnaa9 *Disabkd iudividiuals requiring spec~l accommodations, please call (602} 542.9x27 Regular Council Meeting -February 2, 2010 -Page 67 of 93 10. Has the applicant been t~rtvicted of a felony in the past fcve years, or had a liquor license revoked? ^ YES ~ NO (attach explanation if vest 11. This organization has been issued a special event license for 10 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, aftach a copy of the agreement 13. List all people and organizat'rons who wi[f receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25a/o OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Jeffery Arsola, Copper Baseball Cfub 25% PBYCEritaBe Address -St., Tucson, Arizona 85745 Name Pinnacle Concessions 1.1.C 75% Percentage Address Drive, Tucson, Arizona 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent Liquor law violations. ff you have any questions regarding the law ar this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of securiiy/poiice personnel and type of fencing or control barriers if appGcab~} # Police p Fenang a # Security personnel p Barriers Ak:ohoiic Btroewges to be served in an enci°sed area with security crrectcpolrns at entrance/exit. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in whic~t the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF' AGREEMENT) ( ) erne of usiness Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The. folknrs-ing page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -February 2, 2010 -Page 68 of 93 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 ~ $ I, Jeffery Arsota declare that i am an OfficeNDirecMdChairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf ofthe foregoing organization for a Special Event Liquor License. X _~~~ ~.. Ownrt i~?r~)~L1-?-~t~ (Signature (f'~lemosition) ~~ (Phone ~ s YOANA O NOTARY PUBUG ~ ARIZONA PIMA COUNTY My Commission E~plres My Commission expires on: T9. t Jeffery Arsoia Y® County of ~i...~e.. ~Y PU$~ ~~~~~i ument was acknowledged before me this PIMA COtlNTY I~ ~ 2vk~• My Commis , ~nhn in... n~ .,,._ _. _ / Year (Print full name) listed in Question 6. !have read the application and the contents and all statements are true, correct and complete. My commission expires on: F~ Z'r ~?~yl~ f _ i You must obtain local sarovemment approval. City or Countv~6fNS~ecommend event and complete item #2 The local governing bodv may require additional applications to be completed and submitted 60 days in advance of the evenk Additional Ilc~rtsing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (l3ovemmer~t Official) on behalf of (City, Town or County) ~n ~~"~ County of 7 +^~'+~-t The foregoing instrument was acknowled before me this 1~l 4~~ 2~(v• Day tip Yeas (Signatu ARY PUBLIC) ' BY THE_ PLI NT NAMED IN QUESTION #8 _ declare that I am the APPLICANT filing this application as fT~) hereby recommend this speaal event application (Signature of OFFICW..) (~~) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) 0 I . Regular Council Meeting -February 2, 2010 -Page 69 of 93 ~{.";~0 3•,.`K acs x~_.x ~ti w ~-, -a x ~'s.:.,:.. a ~ 4 t ~ ?~ iii. ~ `c~"~'g ^ `'~'° ~'~w'~~ +R4 r ~ '.s~~s ~ ~a'~ b!`=r7 ~ a`'~.~ ~'~",ytiT~;'..`'~~~~-$',E`' E ~ ~~F .~.;~.~.~ ~'r'~.,"'~~~~,`~ ~1?xY_ _:A~ ~~s.r.~".,,~ ~ ,~ti''aw ~~._,`„~c.:~-.~'.x 4~ t v~b~, '~r:'.ua -~ka~- x +;,Y-. ~ 4~A~ 1. ,~-; x' it _ ~ - _ •.;_;,_y~ a~,l. ax ~,#~ .s a ~3 ...~. MIKE JACOBS o 250 500 - gul~I~tF~a ~~~10 -Page 70 of 93 Feet ~~~ ~~~ rs~w cas: war~u~.r, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM ~....:... .:.:_ _. . _.r ._ ~..._ To: Mayor and Council Item A 3 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #07209, located at 3800 W. Ina Road Discussion: This application is for a Series 10 (Beer and Wine Store) liquor license at Walgreens #07209 located at 3800 W. Ina Road. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of January 25th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating. the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60-day time period, or if the director, board or a resident within a one mile Regular Council Meeting -February 2, 2010 -Page 71 of 93 radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: ^ 72.1)9_Fo..rm. LGB Recommendation.pdf ^ Affidavit of Postng_Walgreens 7209.pdf ^ Wagreens descnpUons (00018233). DOC Description: Local Governing Body Recommendation Affidavit of Posting Descriptions of common Liquor Licenses Type: Backup Material Backup Material Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a New series # 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #07209, located at 3800 W. Ina Road. OPTION 2: I move to adopt an order recommending disapproval of a New series # 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #07209, located at 3800 W. Ina Road. Regular Council Meeting -February 2, 2010 -Page 72 of 93 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602-542-5141 LOCAL GOV~RNING'$ODY RECOMMENDATION MARANA 10103581 CITY/TOWN'OF STATE APPLICATION # PIMA COUNTY OF ,ARIZONA. CITY/TOWN/COUNTY# LL 2010-03 ORDER Regular Marana Town Council At a meeting of the of the CitylTown/County (Regular or Special) (Governing Body) Marana 211d February 2010 of held on the _day of the (Day) (Month) (Year) Randy Allen Guse application of for a license to sell spirituous liquors at the premises described in Application # 10103581 ,License Class Series 10 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Randy Allen Guse is hereby recommended for (Day) (Month) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. DATED AT This day of r~ ioo~ osizoo9 (a pp rova I/d i sa p prova I) (Year} CITY/TOWN/COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department Regular Council Meeting -February 2, 2010 -Page 73 of 93 Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 800 W Washington 5th For Phoenix AZ $5007-2934 www.azl i q uor.gov (602) 542-5141 AFFIDAVIT OF POSTING January 5, 2010 January 25, 2010 Date of Posting: Date of Posting Removal: Randy Allen Guse Applicant Name: Business Address: Last First Middle 3800 W. Ina Road Marana 85741 street cty zip 10103581 License #: I hereby certifythat pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name ofCity/County official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 L X0119 48009 Regular Council Meeting -February 2, 2010 -Page 74 of 93 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 06 Bar This liquor license is transferable from person to person andlor lacation to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container far consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off-sale {"To Go") package sales of spirituous liquor can be made on the bar premises as Fong as the area of off--sale operation does not utilize a separate entrance and exit from. the ones provided for the. bar. A ho#el ar motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty- one (21 } years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-safe retail privileges, This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions„ to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection witty a retail sale. Off-safe {''To Go'°) package safes can be made on the bar premises as long as the area of off-safe operation does not utilize a separate entrance and exit from the one provided far the bar. Payment must be made no Eater than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regul~~~l3A~~in~ -February 2, 2010 -Page 75 of 93 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liauor Store This liquor license is transferable from person to person andfor location to location within the same county only and allows the holder off-sale retail privileges, This license allows a spirituous liquor stare retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery, Series ~0 weer anti V`.t`ir.e St_,re This nt~n~transferable o~-sal~~~ retail p~~i~rile~es lif~«o~~ license ~llavrs a retail sure to sell beer ar~d wine tno c!her spirituous liq~.iors) Gr~lr.s~ th ~ ~~r€~inal ~~nb~rlkE~n r?acka~~e, to be taken d.4~~~a.~ frcr~~ the h er ii- ~_~~- of the ~atailt,r ~:n~~! cc~nsurned oft t`~t- ~~~-errrises. A retailer with off-sale ;~~ i~ iii-ces may deliver shiriti_au~_a ' _,€_ fi cat tie lioerss~ + ~..rr~ises in ~::o:~.~~~ci;oFx vdith a retail sale'. P~a, ~~,,,,t r,~ust b~ ,~-~~:'._.:_.. ~+-~ t'-;~?~ trg~ ~Gt~~ ~f ~_[~,~rgr. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquar license allows the holder of a hotellmotel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent {40%} of its grass revenue from the sale of food, The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest roams of registered guests. The registered guest must be at least twenty-one {21}years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m, and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquar solely far consumption on the premises of an establishment which derives at least forty percent {40%} of its grass revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. Regul~~~L~in~ -February 2, 2010 -Page 76 of 93 l~E~~ ~~,~~ ~~»~ ug ,.~«~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item A 4 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #05156, located at 7800 N. Cortaro Road Discussion: This application is for a Series 10 (Beer and Wine Store) liquor license at Walgreens #05156 located at 7800 N. Cortaro Road. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of January 25th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60-day time period, or if the director, board or a resident within a one mile Regular Council Meeting -February 2, 2010 -Page 77 of 93 radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: ~ 5156 Form_LGB Recommendation,pdf ~ Affidavit of Postng_Walgreens 5156.pdf O Walgree_n_s_descriptons (00018233). DOG. Description: Local Governing Body Recommendation Affidavit of Posting Descriptions of common Liquor Licenses Type: Backup Material Backup Material Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a New series # 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #05156, located at 7800 N. Cortaro Road. OPTION. 2: I move to adopt an order recommending disapproval of a New series # 10 (Beer and Wine Store) liquor license application submitted by Randy Allen Guse on behalf of Walgreens #05156, located at 7800 N. Cortaro Road. Regular Council Meeting -February 2, 2010 -Page 78 of 93 Prins Form Arizona Department of Liquor Licenses and Control 800 West Washington,-5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602-542-5141 Li~CAL GOVERNING BODY RECOMMENDATION CITY/TOWN OF MARANA 10103582 PIMA COUNTY OF ,ARIZONA. CITY/TOW:N/COUNTY# LL 2010-02 ORDER # Regular Marana Town Council At a meeting of the of the City(Town/County (Regular or Special) (Governing Body) Marana 2nd February 2010 of held on the day of the (Day) (Month) (Year) Randy Allen Guse application of for a license to sell spirituous liquors at the premises described in Application # 10103582 ,License Class Series 10 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Randy Allen Guse is hereby recommended for STATE APPLICATION # (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. CITY/TOWN/COUNTY CLERK DATED AT This day of (Day) (Month) i~~ ioo~ osizoo9 (Year) * Disabled individuals requiring special accommodations please call the Department Regular Council Meeting -February 2, 2010 -Page 79 of 93 ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 R'int Form AFFIDAVIT OF POSTING January 5, 2010 January 26, 2010 Date of Posting: -Date of Posting Removal: Applicant Name: Randy Allen Guse Business Address: 10103582 License #: Last First Middle 7800 N. Cortaro Road Marana 85743 Street City Zip I hereby certifythat pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name ofCity/County Official Title Telephone # signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 ~ ~~oi i s arzoo9 Regular Council Meeting -February 2, 2010 -Page 80 of 93 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 06 Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & aff--sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off-sale ("To Go'°} package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty- one {21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder bath on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale ("To Go"} package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit Pram the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regul~~~l~n~ -February 2, 2010 -Page 81 of 93 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liauor Store This liquor license is transferable from person to persan and/or location to location within the same county only and allows the holder off-sale retail privileges, This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the anginal unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery, Sene~ 1~ Beer and V'vi;~e Sure This non-trar~sfer:~hle. off-safe retail p~~ivil~ ~;c, I-~o~~ licen~t> allows a retail s~orc tc~ sill beer ~r,d vvirie t~7c. other spirituous I~q~rors). ur.~~,,~ i ~~ -;r: ~E,~al ~E~~iroken package. to be taken at~aay frc~f?: the prei~uses cf the retailer and consu;~,~~;d off ih,e premises H re`aile~ ~~~ith cff~sale privileges nay deliver sp~~ituous liquor off of {'-E~,= li~,ens:~d premises in oo:~r~ection v~ri#l~€ a retail sale-~. F'ayme.nt n~t.t~f be r?jade s~o later than thr~ ti'ile of deli~~rerV. Series 11 Hotel/Motel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve spirituous liquor solely for consumption an the premises of a hotel or motel that has a restaurant where food is served an the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquar solely far consumption on the premises of an establishment which derives at least forty percen# {40%) of its grass revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license.. Regul~~~~in~ -February 2, 2010 -Page 82 of 93 "'`"~`~ y ~~~~~ t'ttM'M ~1C Kb.C,AYA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Commerce Item A 5 Subject: Resolution No. 2010-15: Relating to Real Estate; vacating a portion of the public right-of--way of Linda Vista Boulevard that is being functionally replaced and made unnecessary as a result of the Twin Peaks Traffic Interchange and Camino de Mariana roadway projects Discussion: The construction of the new I-10 Twin Peaks Traffic Interchange and Camino de Mariana roadway improvement projects will realign Linda Vista Boulevard traffic to the north, functionally replacing a portion of Linda Vista Boulevard. When the projects are completed, the portion of Linda Vista Boulevard that bisects the Marana Spectrum site will no longer be needed for public roadway purposes. The Marana Spectrum Development Agreement approved in December 2007 includes a provision requiring the Town to bring proceedings to abandon the no-longer-needed Linda Vista Road right-of-way located within the Marana Spectrum development project. This proposed resolution authorizes the Town Engineer to execute quit claim deeds of abandonment, transferring the no-longer-needed Linda Vista Road right-of-way to the adjacent landowners (currently Kimco Barclay Marana LP and Spectrum Vista LLC) when the Town Engineer determines that the right-of--way is no longer needed for public transportation or construction purposes. Legal Department staff has given notice of this abandonment to all utility companies and known interested parties. Tucson Electric Power Company overhead electric lines are located on the south side of Linda Vista Boulevard, and appear to be within the public right-of-way. As required by Arizona law, utility companies that have existing utilities within the right-of-way to be abandoned by this resolution will receive a reserved easement as necessary to maintain their utilities. Most utilities are being relocated to the new Linda Vista Boulevard and Camino de Marana rights-of--way as part of those roadway projects. Financial Impact: Arizona law requires the landowner who will receive the vacated right-of-way to give consideration in an amount deemed by the Council to be commensurate with the value of the Regular Council Meeting -February 2, 2010 -Page 83 of 93 vacated right-of-way, giving due consideration to its degree of fragmentation and marketability and any other public benefit received by the Town in return for the vacated roadway. Abandonment of this right-of-way is an element of consideration in the Marana Spectrum DA, which acknowledges that the Marana Spectrum project will provide various economic development and public infrastructure benefits to the Town. This consideration, and the limited marketability of a narrow strip of land being abandoned, leads Town staff to recommend that the Council require no additional consideration for the vacated right-of--way. ATTACHMENTS: Name: Description: Type: ^ Reso Vacatng_Linda._Vista B.lyd at_Spectr..um_ (00018599-2).DOC Reso Abandoning Linda Vista at Marana Spectrum Resolution ^ EX A Legal_for Linda Vista B..lyd Abandonmen..t at Spectrum (000..18612).pdf Reso Exh A and Ai :Legal Description and Map Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2010-15. Suggested Motion: I move to adopt Resolution No. 2010-15, vacating the Linda Vista Boulevard right-of-way through the Marana Spectrum project that is functionally replaced by the new I-10 Twin Peaks Traffic Interchange and Camino de Marana roadway improvement projects. Regular Council Meeting -February 2, 2010 -Page 84 of 93 MARANA RESOLUTION N0.2010-15 RELATING TO REAL ESTATE; VACATING A PORTION OF THE PUBLIC RIGHT-OF- WAY OF LINDA VISTA BOULEVARD THAT IS BEING FUNCTIONALLY REPLACED AND MADE UNNECESSARY AS A RESULT OF THE TWIN PEAKS TRAFFIC INTERCHANGE AND CAMINO DE MANANA ROADWAY PROJECTS WHEREAS the construction of the new I-10 Twin Peaks Traffic Interchange and Camino de Manana roadway improvement projects will realign Linda Vista Boulevard traffic to the north, functionally replacing and rendering unnecessary for public roadway purposes a portion of Linda Vista Boulevard; and WHEREAS the Marana Spectrum Development Agreement (the "Spectrum DA") approved by Marana Resolution No. 2007-229, recorded in the Pima County Recorder's office on December 28, 2007 at Docket 13211, Page 951, addresses a development project known as Marana Spectrum, to be located south of the new alignments and intersection of Camino de Manana and Linda Vista Boulevard, and proposed to include all of the land on both sides of the portion of Linda Vista Boulevard to be vacated by this resolution; and WHEREAS paragraph 2.6 of the Spectrum DA provides for the Town of Marana to abandon the existing Linda Vista Road right-of--way to the extent it is located within the Marana Spectrum development project; and WHEREAS the abandonment of the Linda Vista Road right-of--way addressed by this resolution is one of the elements of legal consideration addressed in the Spectrum DA; and WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205 to vacate and abandon Town roadways; and WHEREAS the Town Council finds that the Town is receiving appropriate consideration for the vacated right-of--way for purposes of A.R.S. § 28-7208 based on the respective rights and obligations of the parties under the Spectrum DA and the limited marketability of the narrow strip of land being vacated; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons that portion of the public right-of--way of Linda Vista Road that crosses the Marana Spectrum property as particularly described and depicted in Exhibits A and Al attached to and incorporated into this resolution by this reference (hereinafter referred to as the "Abandonment Parcel"), subject to and upon Marana Resolution 2010-15 {00018599.DOC / 2} Regular Council Meeting -February 2, 2010 -Page 85 of 93 _ 1 _ satisfaction of Section 2 of this resolution, with transfer of title occurring when the Town Engineer executes one or more quit-claim deeds of abandonment pursuant to Section 3 of this resolution. SECTION 2. The Town Engineer shall not execute any quit-claim deeds of abandonment for the Abandonment Parcel until the Town Engineer determines that the I-10 Twin Peaks Traffic Interchange project and the Camino de Mariana roadway improvement project have progressed to the point that neither public nor construction access is needed or desirable over the Abandonment Parcel. SECTION 3. Subject to and upon satisfaction of Section 2 of this resolution, the Town Engineer is hereby authorized to execute one or more quit-claim deeds of abandonment in favor of the owners of land adjacent to the Abandonment Parcel, evidencing the transfer of title to the Abandonment Parcel in accordance with the requirements of and as prescribed by A.R.S. § 28-7205. SECTION 4. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2°d day of February, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2010-15 {00018599.DOC / 2} Regular Council Meeting -February 2, 2010 -Page 86 of 93 _ 2 _ ... b EXHIBIT' A TO MARANA RESOLUTION NO. 2010-1~ 1C~S ' LEGAL DESCRIPTIONFOR ABANDONMENT PARCEL That portion of the South 30.00 feet of the Southeast quarter of Section 15 and that portion of the North 30.00 feet of. Section. 22 all lying within Township 12 South, Range 12 East, of the Gila ' and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: • COIv+iMENCIl~TG at the South quarter corner of said Section 15 (railroad spike) from which the Southeast corner of said Section 15 (aluminum cap) bears North 89°34'28" East, 2629.12 feet; thence North 89°34'28" East, 61.08 feet along the South line of said Section 15 to the POINT~OF BEGINNING and the beginning of anon-tangent curve concave northwesterly having a radius'of . 7749.44 feet, a radial line~from said beginning bears North 41°33'25" West; • thence departing said South line, northeasterly 45.45 feet along said curve through a central • angle of 00°20'10" to the North line of the South 30.00 feet of said Section 15; thence on anon-tangent line North 89°34'28" East, 1843.01 feet along said North line of the - South 30.00 feet of Section 15 to the beginning of anon-tangent curve concave northeasterly . ~ having a radius of 1527.39 fcet, a radial line from said beginning bears North 22°46'43" East; thence departing said North line of the South 30.00 feet of Section 15 southeasterly 176.41 feet along said curve through a central angle of 06°37'03" to the South line of the North 30.00 feet of said Section 22; thence on anon-tangent line South 89°34'28" West, 2077.51 feet along said South line of the North 30.00 feet of Section 22 to the beginning of a non tangent curve concave northwesterly having a radius of 7749.44 feet, a radial line from said beginning bears North 41 ° 13'07" West; thence departing said South line of the North 30.00 feet of Section 22 northeasterly 45.76 feet along said curve through a central angle of 00°20'18" to the POINT OF BEGINNING. ~` - Said parcel contains 117,308 square feet or 2.6930 acres more or less. m ~,~ yJ^ i ~ A~~~~^e ~~ ~ ~F~~ t v ~ ~2a~Q0 0 ~~ FiC-'::~:.:::.:.T J. ~ ~ ~o FE~:~ ~A~~~ . .~„~~~ t?~p l ' \1Phx51e2\s~u•vey1LEGALDESCRIPTIONSCIivinPeaks\ab02.lgi.doe Regular Council Meeting -February 2, 2010 -Page 87 of 93 i3 o Tn nnnQnnio RFCni ~ irinni nin .~nap_ti ~__, EXHIBIT Al ABANDONMENT PARCEL N DATA TA BLE T125 R12E 1 N89 °34' 28"E 61. 08' 2 R=7749.44' L= 45.45' 3 N89°34' 28"E 1843. 01' 4 R=1527.39' L=176.41' 1"=~, 5 S89 ° 34' 28"W 2077. 51 ' P1MA CO. 6 R= 7749. 44' L = 45. 76' 117.308 50. FT. 3 ~ 4 N89°34'28"E 2s29.12'~ 15 14 22 23 I5 -~- 22 ab02.exh 7720 North 16th Street Suite 100 -Phoenix, AZ 85020 - 602.371.1100 ~Jl~ ~ `~~ ~~'~c 0 200 400 Scale TWIN PEAK5 LINDA VISTA BLVD Regular Council Meeting -February 2, 2010 -Page 88 of 93 ~~~ ~'"'`~`~r.. i~ ~~ ~~~~.~* «~~. A.R.» 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, February 2, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ LB 3 201.O.pdf Legislative Bulletin # 3 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -February 2, 2010 -Page 89 of 93 Page 1 of 4 ~» • "~~~ ~: .t _ ~>- r" ., 1~`~ ;.`~ - _ ~ - ISSUE 3 -JANUARY 22, 2010 Session Update After having Monday off for Martin Luther King Jr. Day, the Legislature began the process of going through bills in earnest. Most every committee met this week and heard both agency continuation bills and policy matters. Legislation that the League followed is detailed below. As of this writing there have been 775 bills introduced as welt as 63 memorials and resolutions. League staff continues to review every bill to look for any impact on cities and towns. While many committees in both chambers have considered bills during the first two weeks of session, no bills have been brought to the floor in either chamber yet. Governor Brewer: FY 2010-11 Budget Last Friday, January 15, 2010, Governor Brewer followed through on her State of the State promise and released an Executive Budget. In her speech she noted the budget's focus will continue to be the state's deficit, which the Governor's Office calculates as $1.46 in FY 2010 and $3.26 in FY 2011. As a result the document outlines measures to address the remainder of FY 2010 budget, as well as FY 2011. The budget includes plans for further cuts in spending and raising additional revenue, as referenced in the State of the State Address. Examples of cuts in spending primarily focus on the state's largest agencies and include: • cutting state employee salaries by 5%; reducing education funding to FY 2006 levels; transferring the Department of Juvenile Corrections responsibilities to counties; cutting AHCCCS by 25% and downsizing social service programming to vulnerable populations (i.e. mentally ill adults, families and children). The Executive recommendation for raising revenue is a temporary one-cent increase in Transaction Privilege Tax (TPT) rate and charging TPT on certain services that are currently exempt from the tax (i.e. repair service). This increase is supposed to be implemented this spring and will continue through FY 2013, raising an estimated $1B a year. The proposed TPT temporary increase does not include the normal revenue sharing distribution to cities, towns or counties. From a local government perspective, the Governor expressed empathy about the impact the difficult economy was having on all levels of government. To provide temporary assistance to cities Regular Council Meeting -February 2, 2010 -Page 90 of 93 Page 2 of 4 and towns, the proposal calls fora $20M grant program for local public safety, derived from discretionary federal stimulus dollars, to ensure critical functions are maintained. The Governor proposed no changes to the State Shared Revenue system. On the other hand, the Arizona Lottery will go through a transformation. In the Governor's budget, the lottery would be extended for 20 years and its proceeds will be bonded against. Lottery revenues will be redirected to the state's general fund. This will eliminate distributions for LTAF i and LTAF II, which municipalities use to fund transit services, and also eliminate money for the Heritage Fund which has provided downtown revitalization grants to some cities and towns. The Executive Budget is the first step in the extensive budget process. The Legislature will now begin working on their budget concepts with the Joint Legislative Budget Committee (JLBC); involving negotiations with members, drafting of legislation, and vetting in the respective Appropriations Committees. Copies of the Executive's recommendations may be viewed electronically at www.azgovernor.gov. Election Year The fact that 2010 is an election year in which all 90 seats in the legislature will be on the ballot, has an impact on the state legislative process and on the political futures of a number of members. White some are exploring state-wide office and announcing their intentions, this week brought a surge of election rumors after John Shadegg, United State Representative in District 3, announced his retirement plans. The opening of a Congressional seat is rumored to have several Legislators considering a run for the office. Many legislators would have to resign their state seat to accommodate their federal ambitions. Thus far, only Senator Paton (R-30) has initiated the official step of declaring his interest, resigning from the Arizona Senate, and beginning work on a congressional campaign. Vacancies created by Senator Paton, and any other legislators that may follow suit, will need to be filled, thus challenging the legislative landscape. The League will continue to monitor election announcements and keep members apprised of developments. Municipalities may also track information about the election cycle, candidates, and ballot measures via the Arizona Secretary of State website at www.azsos.gov. Congressional candidates may be followed via the Federal Election Commissions website at www.fec.gov. Information on each of these sites is anticipated to be posted after April 2010 and maintained throughout the fall's General Election accordingly. Immigration Bills Return The Senate Public Safety and Human Services Committee narrowly passed Senate III 1070 - immigration; law enforcement; safe neighborhoods -sponsored by Senator Fussell Pearce (I~Bllesa) on Wednesday. The bill is a variation of legislation that failed to pass the House late in last year's session. The bill mandates that local police prioritize immigration enforcement before other public safety concerns. The bill was opposed by The Arizona Association of Chiefs of Police (AACOP) and other civil rights groups. The League did not take a position at this time because we want to work with Sen. Pearce to address our concerns. Several committee members also expressed concerns about the bill language, so we expect changes along the way. The bill passed out of committee on a 4-3 party line vote. Municipal Sales Tax on Utilities Regular Council Meeting -February 2, 2010 -Page 91 of 93 Page 3 of 4 On Thursday, the House Ways and Means Committee considered House Bill 2407- municipal sales tax; utilities -sponsored by Representative Frank Antenori (R-Vail). This bill proposes to exempt utilities provided to customers outside the incorporated limits of a city or town from sales tax. It also prohibits a city or town from increasing the sales tax on a particular class of taxpayers unless you raise the tax on all other classes by the same amount. It further requires any increases in municipal sales tax rates paid by a public service corporation to be approved by the Arizona Corporation Commission. Representative Antenori provided the only testimony in favor of the bill. Tom Betshe of the League Staff and Chris Avery of the City of Tucson provided testimony about the fiscal, legal and practical concerns of cities and towns related to the bill, including the constitutional issue of having any municipal utility regulated by the Arizona Corporation Commission. There was extensive discussion among committee members about the logic of requiring an increase in all classes of taxpayers even if only one category-the hotel tax, for example-was being proposed for an increase. Although the bill passed out of the committee on a 5-3 party tine vote, most members expressed skepticism that they could support the bill in any future votes. Photo Radar Under Scrutiny Two bills advanced in the House Transportation Committee on Thursday that will severely curtail the state's ability to conduct photo enforcement. Senate Bill 2085 -photo enforcement; citation issuance -sponsored by Representative Lucy Mason (R-Prescott), requires any state photo enforcement citations to be issued by a law enforcement officer at the time of violation. A second bill, House Bill 2213 - photo enforcement; contracts; public agencies - sponsored by Representative Andy Biggs(R-Gilbert), prohibits the Department of Public Safety from renewing or entering into a photo enforcement contract with a third party vendor without approval from the Legislature. Although both bills specifically address the state's photo enforcement system, we are watching to preserve the cities' and towns' ability to continue to perform photo enforcement on their streets and roads. Public Meetings and Notices HB 2209 public meetings; notices requires public bodies to post all public meeting notices online. Representative Michele Reagan (R-Scottsdale) and Representative Andy Tobin (R- Paulden) are the sponsors. The bill requires public bodies to conspicuously post on their website, rather than filing with the appropriate office, a statement indicating where all public notices of their meetings will be posted. The Commerce Committee adopted aLeague-suggested amendment that allows cities and towns the option of posting the meeting notice location statement on their own website or an association of cities and towns website. The League wanted to alleviate the burden of this requirement on municipalities that may not have the technical ability to comply with the bill. HB2209 as amended passed the Commerce Committee unanimously. The Weekly ~otlight -Representative Rae Waters Representative Rae Waters, (D -Phoenix) represents the Democrats, Republicans, and Independents of District 20, which includes Ahwatukee, South Tempe, and West Chandler. She also serves on the Kyrene Elementary School District Governing Board, first elected to that position in 1998, where she has served three terms as president. The representative was born in Fort Dix, New Jersey; she has lived in Arizona for 42 years and graduated from Northern Arizona University in Regular Council Meeting -February 2, 2010 -Page 92 of 93 Page 4 of 4 1978 with a Bachelor's degree in sociology. She has lived in Ahwatukee for 28 years with Jim, her husband of 30 years, who works as an engineer in Chandler. They have two children: a son at NAU and a daughter at Mountain Pointe High School. She is a past president of the Arizona School Boards Association, which represents more than 1,200 school board members and more than 1 million Arizona children, and currently serves on the Board of Directors for educational research firm WestEd. Representative Waters is a member of the Education and Transportation and Infrastructure Committees. What is your long range vision for Arizona?What are your short term goals for this session? For Arizona's future, I would like to see a strong, stable economy with high-paying jobs and a quality education system that is attractive to businesses and prepares our kids for the worldwide economy. I want to see Arizona back on the right track, middle-class families financially stable and small businesses successful. In the short term, I'd like to see a balanced approach to solving Arizona's budget crisis and protecting middle-class families and kids. To do that, we need to make cuts to wasteful, non- essential services, close tax loopholes, use federal stimulus dollars and implement tough immigration reform. If you could guarantee one piece of legislation would pass, what would it be? That we pass a fair and balanced budget that protects jobs, education, public safety and health care in Arizona. How can the state government and local governments be better partners? The first step would be to have a conversation about the needs of local government. The legislature needs to honor and respect the independence of local governments and support local control. What's the best book you've read recenfly?Why would you recommend it? The Lost Symbol, by Dan Brown. I enjoyed the historical references, it gave the story a .more 'real feel.' Reading this book required thought, plus it was a good adventure. Thank you for your time. You're welcome. Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -February 2, 2010 -Page 93 of 93