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Home My WebLink About05/10/2011 Study Session Agenda Packet MARA MARANA TOWN COUNCIL Amended May 9, 2011 at 9:30 a.m. - STUDY SESSION NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 10, 2011, at or after 6:00 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. 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCEANVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA DISCUSSION/DIRECTION/POSSIBLE ACTION D 1: Presenta Relating to Intergovernmental Affairs; review of the 2011 State of Arizona Legislative Session (Josh Wright) D 2: Relating to Liquor Licenses; recommendation to the state liquor board regarding a New Series #10 (Beer and Wine Store) liquor license application submitted by Bruce W. Holbrook on behalf of Express Stop #520 located at 8333 N. Cortaro Road (Jocelyn Bronson) D 3: Presentatio Relating to Development; Discussion of proposed time - limited program to allow small temporary signs that meet certain limitations within public right -of -way adjacent to business areas as an extension of the business area's premises (Frank Cassidy) Study Session - May 10, 2011 - Page 1 of 15 D 4: Pr Relating to Budget; review, consideration and direction to staff regarding the preliminary FY2012 budgets for the Enterprise Funds, other selected funds and the proposed Capital Improvement Plan (Erik Montague) 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. Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or Added Late 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 ADJOURNMENT Study Session - May 10, 2011 - Page 2 of 15 AANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 10, 2011, 6:00:00 PM To: Mayor and Council Item D 1 From: Josh Wright , Director of Strategic Initiatives Strategic Plan Focus Area: Not Applicable Subject: Presentation: Relating to Intergovernmental Affairs; review of the 2011 State of Arizona Legislative Session Discussion: The State of Arizona Legislature adjourned sine die on Wednesday, April 20. This legislative session resulted in 386 bills being sent to Governor Jan Brewer for her consideration, many of which have significant impacts on municipalities. The Town's lobbyists, Triadvocates, will make a presentation to Council reviewing the recently concluded legislative session and its anticipated effects on Town of Marana resources, operations and strategic public policy issues. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Study Session - May 10, 2011 - Page 3 of 15 MARA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 10, 2011, 6:00:00 PM To: Mayor and Council Item D 2 From: Jocelyn 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 Bruce W. Holbrook on behalf of Express Stop #520 located at 8333 N. Cortaro Road Discussion: This application is for a New Series #10 (Beer and Wine Store) liquor license submitted by Bruce W. Holbrook on behalf of Express Stop #520 located at 8333 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 May 4th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building Safety, Planning and Legal Departments /Divisions 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 except for Building Safety and Planning have found the applicant to be in compliance and have no objections to the issuance of this license. The Building Safety and Planning Departments discovered that the applicant has not obtained a valid certificate of occupancy for the building where this business is located. While the Building Safety and Planning Departments will continue to work with the applicant to ensure that this issue is resolved it has been determined that the applicant's lack of a Certificate of Occupancy does not impact his capability, qualification and reliability to possess a license and therefore have no objection to its issuance. A.R.S. § 4- 203(A) states that a license "shall be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant." 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 Study Session - May 10, 2011 - Page 4 of 15 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 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: Description: Type: O Common types of liquor_licenses_ (00018233).DOC Descriptions of common types of liquor licenses Backup Material O Affidavit of Posting.pdf Affidavit of Posting Backup Material E] Use — Form LGB_Recommgndation.pdf Recommendation Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION l: I move to adopt an order recommending approval of a New Series #10 (Beer and Wine Store) liquor license application submitted by Bruce W. Holbrook on behalf of Express Stop #520 located at 8333 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 Bruce W. Holbrook on behalf of Express Stop #520 located at 8333 N. Cortaro Road. Study Session - May 10, 2011 - Page 5 of 15 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- & 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 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 both 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 from 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. Study 2011 - Page 6 of 15 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person 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 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 10 Deer and Wine Store Th hon-transferable, offsale'retell prW"§0s liquor license allows a retail store to sell beer and Wire (no,other original g al unbroken packag# �e`.taken away from " 0 ff the"prem#ses of the off the premises. A sale privileges O"(4(�',',"'With a retail sale. licensed premises in Irn6y deft y4er spirituous liquor - off- , Paymont"must be made no later thOONO lime of delivery. 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 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 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 liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. Study 1 0 "g2 3 fl%69, 2011 - Page 7 of 15 ARIZONA DEPARTMEI T',40F LIQUORLICENSES AND CONTROL 800,W" ' Ts or Phd � n t v w w '(602) 541 141. AFFIDAVI u.. Date of Posting: �i caf Posting Removal. Holbrook Bruce Wayne' Applicant Name L40 ,_ First Middle N oda(o Road Marano 8574 Business Address. greet Ci 10103008 Licen I hereby cettify t of pots4ant to A.R.S. § 4-201 I ost notice in a conspicuous glace on thOc promises proposed to be licensed by the above applicant arrt sajd noti 'ce , poster[ for at least: twenty (20) days: 'Sig mtut, DateSigned, 'Return this affidavit with your ret ommen ation (i. Minutes f-Me eting, Verbatim, etc) rrany other related If you have any +' questions pt It ( )- 542 -5141 and ask for theticehsin Vjvision. Indivi requiring spedal . tall (602 542-9027 LW119 V2M Study Session - May 10, 2011 - Page 8 of 15 Arizona [department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 8 -509? www.azliquorgo a -4 -1 CA G ON lTl 4 1 F ATE APPLI ATION #� PIMA Regular )A r rr � pbun l At a eetlrlg of t# cif the i cy ounty _. (Regular trpecial) (Ccveinlnt Cady) Marano held May Cit 1 Of held on the day of the May (Month) ('fear Bruce'Waype Holbrook application of for a license to sell spirituous iquors at the premises described in Application # License class Series ' 10 was considered as provided1b Title 4, A.R.S. as amended, IT lS THEREFORE ORDERED that the APPLICATION of Bruoe Wayne Brut Holbrook 15berehy recommended for (Approvalfdi pro l) a license to :se l spirituous liquors of the class, and in the mariner designated in the Application. IT I S FURTHER ORDERED that a certified C opy of this Order imm, ediateNy transmitted to, the Department of Liquor Licenses and Control, Licensing Divis oh, Phcaenisr, Arizona. i - - l ctUNTY CLERK DATED AT This day O a}+ � (Month); (Yew) *Disabled individuals re (*Ing;, special accommodations pleasse catl ttt xlel €5 Study Session - May 10, 2011 - Page 9 of 15 ANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 10, 2011, 6:00:00 PM To: Mayor and Council Item D 3 From: Frank Cassidy , Town Attorney Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: This item addresses the Commerce initiative to "Identify resources and a strategy that supports the retention of existing businesses" Subject: Prese ntation: Relating to Development; Discussion of proposed time - limited program to allow small temporary signs that meet certain limitations within public right -of -way adjacent to business areas as an extension of the business area's premises Discussion: To assist business owners during the current recession, town staff has been asked to prepare a proposed ordinance to allow, for a limited period of time, small temporary signs to be placed within public right -of -way adjacent to business areas, as an extension of the business area premises. The draft ordinance attached to these materials is designed to accomplish this. To avoid First Amendment issues, the ordinance is written to allow the temporary signs to display commercial content relating to the business area or to display any non - commercial content whatsoever as allowed by the owner of the business area. Town staff plans to make a presentation that includes depictions of the potential visual impacts of the proposed time - limited ordinance. ATTACHMENTS: Name: Description: Type: 0 ORD Temporary_Commercial Signs in ROW (00025443 4).DOC Draft ORD Temporary Signs in ROW Backup Material Staff Recommendation: Town staff requests direction from Council on whether to bring the proposed time - limited temporary sign program forward, and on any revisions to the proposal. Suggested Motion: Council's pleasure. Study Session - May 10, 2011 - Page 10 of 15 MARANA ORDINANCE NO.2011.XX RELATING TO LAND DEVELOPMENT; TEMPORARILY AMENDING MARANA LAND DEVELOPMENT CODE TITLE 16 (SIGNS) TO TREAT CERTAIN TOWN -OWNED RIGHT -OF -WAY ADJACENT TO BUSINESS AREAS AS AN EXTENSION OF THE PREMISES FOR SIGNAGE PURPOSES; ESTABLISHING ANEE TIVE DATE; AND ESTABLISHING AN AUTOMATIC SUNSET DATE WHEREAS Title 16 of the Marana Land Developmef de reg�i tes signage within the town limits, and generally prohibits all private signage wi�- public right's way; and .r WHEREAS community business leaders h requested a relaxation offhe town's sign regulations to stimulate business activities within the n; and WHEREAS the Marana Town Council finds the o"porary relaxation of certain sign regulations during the current economic downturn is warrant�,nd WHEREAS the Marana Town C6�& ftds that any re le public concerns and considerations relating to traffic safety assn atec " i0 ,signage within certain areas of the public rights -of -way adjacent to existing business Teas are mmit ized by requiring the signage to conform to the sign restriction t forth in this ; dinance; ancv WHEREAS the Marana l-76' n Council Aids that members of the public have a higher tolerance for signage i1,`40�he locations where this . Ofdinance applies, and that the economic benefits associated with th` rgria"cigh any reasonable public concerns and considerations relating to e tl t s within the s.portions of tht; public rights -of -way affected by this ordinance; k and `tREAS the M a Town CJbuncil finds that the temporary program authorized by man this ord will give the town an opportunity to study and observe the practical, legal, and economic bertefiits and burden associated with allowing limited private signage within certain public rights -of icy,; and WHEREAS 'i Marana Planning Commission held a public hearing on a request to temporarily amend Tim 16 of the Land Development Code on May 25, 2011, and its members voted to recommend approval of the proposed temporary amendment to the Town Council by a vote of [ ^insert vote]; and WHEREAS the Marana Town Council finds that the temporary amendments adopted by this ordinance are in the best interests of the Town of Marana and the general public. {00025443.DOC / 4} Study §&Wgrb AgA1j� 11 of 15 _ 1 - 5/4/2011 1:24 PM FJC NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. While this ordinance is in effect, the following rules shall apply within a Business Area and in the public right -of -way immediately adjacent to a Business Area: A. Public right -of -way immediately adjacent to a Business Area and included in a right -of -way license issued by the town of Marana (the "Licensed Area ") shall be considered an extension of the Business Area premises for the limited purpose of determining whether a temporary sign is "onsite" or "offt under Marana Land Development Code Title 16 (Signs). B. The Business Area owner shall apply for, pay the ±rganpanying fee for, and execute a right -of -way license from the town of, a, g, the Business Area owner responsible for compliance with the °requirements o is ordinance and authorizing the Business Area owner to allow, prohibit, and regula ��lton- regulatory temporary signs within the Licensed Area wl `the same,rights and in the° �!a� nanner as the Business Area owner allows, prohibits, a4"'tegulates temporary signs., the rest of the Business Area premises. C. All of the owners of a Bu�mess Area with more - i one owner shall designate in writing a single person or entity authoted to undertak s and responsibilities of the Business Area owner under paraaph ve. D. A temporarysg,, within the Lilgn Area' e set back from public streets as follows: (1) Wh*' , he pub ' street has a . is walk, a temporary sign shall be located behind the slduhc (hen the sidewalk and the Business Area). (2) fro the pub4c street has" ertical curb at the pavement edge but does not have a sidewl a terfciary sign shall be set back at least 20 feet from the nearest through traveled lane of the,Bublic street. X3) Where theblic street has neither a vertical curb at the pavement edge nor a sid6jyA, a tempo sign shall be set back at least 30 feet from the nearest through traveler �ne of the public street. E. A temporary sign within the Licensed Area shall be set back at least ten feet from any driveway and at least 15 feet from any property line dividing the Business Area from adjacent lots or parcels. F. No temporary sign shall be located closer than 30 feet from any other private sign within the Business Area or the Licensed Area. G. Within the Business Area and its associated Licensed Area, a temporary sign that meets the following requirements is permitted and does not require a sign permit: {00025443.DOC / 4} Study §gW9ib7,M&A6P 12 of 15 -2- 5/4/2011 1:24 PM FJC (1) No portion of the sign or sign structure exceeds 30 inches in height. (2) The sign has no more than two sign faces, each of which is no larger than 30 inches by 30 inches in size. (3) The sign is made of a durable, rigid material such as wood, plastic, or metal. (4) The sign structure or support does not pierce the surface of the ground or has been placed in conformance with A.R.S. § 40- 360.22 (the "bluestake" law). (5) The sign message consists of one or more of the, iljowing: (i) Non - commercial content (ii) Advertisement of a location with = he , Busin a or of goods or services offered on the Business Area emises" (iii) Advertisement of an offer to k- or lease aL) or any portion `ofthe Business Area ; �� (6) The sign shall not touch or be supported by, affixed to, or attached to any other public or private sign orliMe�or other vegetation H. Any sign within the LicensethArea �dues not met " the requirements set forth in paragraph G above is prohibited I. For purposes of this ordinance, the term "Business Area" means one or more parcels of property located' o arterial or cts lector roadways and occupied by one or more existing buitdmgs used for &din - residential a `" SECTION This ordin"mce is effeclll+in July 22, 2011, and automatically sunsets and is of no further ford a d",effect 'A od after midnight on December 31, 2012. ` �TION 3. On nary 1, I all signage temporarily authorized pursuant to this ordinance ahl be removed modified to comply with the requirements of the Marana Land Developmeid in effect or date. SECTION 4 If an `section, subsection, sentence, clause, phrase or portion of this ordinance is for an y "rba to be invalid or unconstitutional by the decision of any court of competent jurisdiction,te decision shall not affect the validity of the remaining portions of this ordinance. {00025443.DOC / 4} Study §JaW2V JARPt%Page 13 of 15 -3- 5/4/2011 1:24 PM FJC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 s ' day of June, 2011. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney T.. 1 8f � 4< 5 S A r l " d, ai 3 100025443.DOC / 41 Study §g?fiqrb ;A1�kxPage 14 of 15 -4- 5/4/2011 1:24 PM FJC AANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, May 10, 2011, 6:00:00 PM To: Mayor and Council Item D 4 From: Erik Montague , Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation, Not Applicable Subject: Prese Relating to Budget; review, consideration and direction to staff regarding the preliminary FY2012 budgets for the Enterprise Funds, other selected funds and the proposed Capital Improvement Plan Discussion: The focus of the study session on April 26th was on the General Fund which is the Town's largest operating fund. The May 10th study session will provide an overview of the preliminary budgets for the Enterprise Funds and other selected funds. Staff will also present an overview of the projects recommended for inclusion in the FY2012 budget as part of the Capital Improvement Program. Initial capital project costs are funding out of one -time revenue sources. Ongoing costs associated with the maintenance and/or operation of new capital projects are included in the appropriate operating budget in the year the capital improvement is placed in service. Financial Impact: The recommended budget incorporates the overall strategies outlined in the January 25, 2011 study session. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff requests information and direction regarding the preliminary budgets for fiscal year 2011- 2012 which will be incorporated into the tentative budget. Suggested Motion: Presentation and discussion only. Study Session - May 10, 2011 - Page 15 of 15