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09/02/2014 Council Agenda Packet
MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 2, 2014, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on September 2, 2014, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. 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 Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk 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. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, 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. Marana Regular Council Meeting 09/02/2014 Page 1 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. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -1999. Requests should be made as early as possible to arrange the accommodation. 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 Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. 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. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. 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, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS Marana Regular Council Meeting 09/02/2014 Page 2 Proclamation honoring Harvey Gill's service to the Town of Marana MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P Presentation: Relating to Citizen Engagement; presenting Certificates of Appreciation to Citizen Forum Delegates (Jocelyn C. Bronson) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2014 -076: Relating to Development; approving a release of assurances for Oasis Hills II subdivision and acceptance of public improvements for maintenance (Keith Brann) C2 Resolution No. 2014 -077: Relating to Municipal Court; approving the appointment of David Berkman and Ted B. Borek as magistrates pro tempore for the Marana Municipal Court; and increasing the rate of pay for all magistrates pro tempore serving the Marana Municipal Court (Jane Fairall) C3 Resolution No. 2014 -078: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2015 (Lisa Shafer) C4 Resolution No. 2014 -079: Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute a revised AED Donation Acceptance Agreement with the Gootter Foundation for the purchase of patrol car automated external defibrillators (AED) (Lisa Shafer) CS Resolution No. 2014 -080: Relating to Public Works; approving and authorizing the Mayor to execute an Amendment to Dove Mountain Development Agreements to fund water main relocations needed for the construction of the Moore Road improvements connecting Dove Mountain Boulevard and Camino de Oeste (Frank Cassidy) Marana Regular Council Meeting 09/02/2014 Page 3 C6 Resolution No. 2014 -081: Relating to Marana Regional Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $496,763 for reimbursement of cost overruns on the FAA 14 Grant (Airport Road Project); approving an operating transfer of $250,092 from the General Fund to the Airport Capital Fund in the fiscal year 2014 -2015 budget to pay the Town's share of costs for the project (Lisa Shafer) C7 Ordinance No. 2014.021: Relating to Business Regulations; amending Marana Town Code Title 9 (Business Regulations); deleting paragraph B of section 9 -1 -3 (Fees; payment; term of licenses; annual renewal required) related to liquor license fees; renaming chapter 9 -7 (Liquor License Tax) as "Liquor Licenses "; rewriting Chapter 9 -7; and designating an effective date (Jane Fairall) Cg Approval of August 5, 2014 Council Meeting Minutes and August 12, 2014 Study Session Minutes. (Jocelyn C. Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Tereasa Renee Wright on behalf of The Humane Society of Southern Arizona for Hogs 'n' Hounds Beer Tasting to be held on Saturday, September 20, 2014 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding a location transfer Series 09 liquor store liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Neighborhood Market #3142, located at 3900 W. Ina Road, Tucson, AZ 85741 (Jocelyn C. Bronson) L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 3 In -state Microbrewery liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company LLC located at 6918 N. Camino Martin, Suite # 120, Tucson, Arizona 85741 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Ordinance No. 2014.022: Relating to Administration; amending Marana Town Code Title 3 (Administration); adding new Chapter 3 -5 entitled "Claims and Settlement ", and designating an effective date (Jane Fairall) Marana Regular Council Meeting 09/02/2014 Page 4 D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 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 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 09/02/2014 Page 5 OPL N--01116 �70 1 5 5 NN'. CF -q C CENTER DRI%-T. I ARANA. ARIZ ONA 8 5 6 5 3 To: Ma and Council Submitted For: Jocel Bronson, Town Clerk From: Suzanne Sutherland, Assistant Date: September 2, 2014 Subject: Proclamation honorin Harve Gill's service to the Town of Marana Attachments: Harvey Gill Proclamation Item Marana Re Council Meetin 09/02/2014 Pa 6 PROCLAMATION Harve Gill WHEREAS Harve Gill be emplo with the Town of Marana Public Works Department on November 27,1995; and WHEREAS in addition to his work for Marana, Harve worked for the Geor Division of Hi the Cit of Upland, California, the Town of Oro Valle and Collins -Dina En and WHEREAS durin his various tenures with Marana, Harve was a Senior En Tech, Public Works Mana Assistant Public Works Director, Public Works Director, Pro Administrator, En Tech, Wastewater Utilities Operations Mana and an official retirement on J ul y 18, 2014; and WHEREAS Harve hired the town's first environmental en and subse helped establish the environmental division within Public Works, led the direction of the Twin Peaks desi concept, was an active team member durin the successful transition of the Marana Water Reclamation facilit from Pima Count to the Town, and become the town's first Wastewater Operations Mana establishin department structure,, policies and procedures and maintainin re documents. NOW THEREFORE I , the Ma and Council of the Town of Marana do reco and celebrate the contributions Harve Gill made to his countr as an Arm Green Beret and the benefits the Marana communit has received and will continue to receive throu his accomplishments as an emplo of the town and wish him well in continuin his passions of lifelon learnin researchin Sand Hill cranes, bird watchin travelin woodworkin and photo He has made a difference in our town. Dated this 2nd da of September, 2014. Ma Ed Honea ATTEST: Jocel C. Bronson, Town Clerk Marana Re Council Meetin 09/02/2014 OPL N--01116 �70 1 5 5 N'V. CF -q C CENTER D1 %-T. I ARANA. ARIZ ONA 8 5 6 5 3 Item Pi To: Ma and Council Submitted For: Jocel Bronson, Town Clerk From: Suzanne Sutherland, Assistant Date: September 2, 2014 Subject: Presentation: Relatin to Citizen En presentin Certificates of Appreciation to Citizen Forum Dele (Jocel C. Bronson) Attachments: Nofile(s) attached. Marana Re Council Meetin 09/02/2014 Pa 8 � ti' A. 1 115 5 5 N_, CI - q C CENTER D1 I T` NIARANA. ARIZ ONA 8 5 6 5 3 Item C1 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Glenn Phillips, Civil Engineering Specialist Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -076: Relating to Development; approving a release of assurances for Oasis Hills II subdivision and acceptance of public improvements for maintenance (Keith Brann) Discussion: Request - Relating to Development; Resolution approving a release of assurances for Oasis Hills II subdivision and acceptance of public improvements for maintenance. Location - The subject property Oasis Hills II is a 9.89 acre subdivision located east of Twin Peaks Road and south of Oasis Road, containing lots 1 - 40, and common area and is recorded in the Pima County Recorder's Office at map book 63, page 15. Result of discussion. The Assurance Agreement for Oasis Hills II be released. The Town will accept for maintenance, a potable water system including 1412 linear feet of potable water line, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $113,374. The Town will accept for maintenance regulatory traffic control, street signs, and approximately 0.22 miles of the paved streets as shown in Exhibit A. Staff has reviewed the documentation and recommends the Assurance Agreement for Oasis Hills II be released and the Town will accept for maintenance, a potable water system including 1412 linear feet of potable water line, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $113,374 and accepts for maintenance regulatory traffic control, street signs, and approximately 0.22 miles of paved streets. Staff Recommendation: Marana Regular Council Meeting 09/02/2014 Page 9 Staff recommends approval of Resolution No. 2014 -076 to accept public improvements and release the assurances for Oasis Hills II subdivision. Suggested Motion: I move to adopt Resolution No. 2014 -076. Attachments: Reso 2014 -076 Approving Oasis Hills II Public Improvements Final plat oasis hills exhibit Marana Regular Council Meeting 09/02/2014 Page 10 MARANA RESOLUTION NO. 2014-076 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR OASIS HILLS II SUBDIVISION AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Oasis Hills II is a 9.89 acre subdivision located east of Twin Peaks Road. and south of Oasis Road, containing lots 1 - 40, and common area `A' and is recorded in the Pima County Recorder's Office at map book 63, page 15; and WHEREAS the Town has an Assurance Agreement with Fidelity National Title Agency, an Arizona corporation, as trustee under Trust No. 60425, and Richmond American Homes of Arizona, Inc., an Arizona corporation, as subdivider, recorded in the Pima County Recorder's Office at sequence no. 20131230035, assuring the completion of public improvements for Oasis Hills II; and WHEREAS the subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for Oasis Hills II; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement for Oasis Hills II is hereby released. Section 2. The Town accepts for maintenance, a potable water system including 1412 linear feet of potable water line, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $113,374. Section3. The Town accepts for maintenance, including maintenance of regulatory traffic control, street signs, and approximately 0.22 miles of the following paved streets as shown on Exhibit A: • Jena Raye Place • Bandelier Court PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2014 -076 Marana Regular Council Meeting 09/02/2014 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 8/18/2014 5:58 AM GWP/FJC Page 11 T OF MARANA 1r , PIMA CT V e 1 I "eee"*`— m x o� D a.q - f IL - � w I 'Y P ' , +.• cb ,�' e , " - � i a ' _..� 1 11 F Jb o A _ ° . C3 V CD �.^ .0 w 1 rU W V ' { Y ^ , t • : e N w LOA > j T 5 — r So CA r, r ' ,�,,, 4 1 a x S '-" A2 - Cn LA y,�._ tin U7 a rC+7: :.-4 I •^. ^. �:'1 f 2D nt' Q Z tr T y C4 C-1 Marana Regular Council Meeting 09/02/2014 Page 12 .: 1 115 5 5 N -, CI - q C CENTER DRI VE ` NIARANA. ARIZ ONA 8 5 6 5 3 Item C2 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -077 Relating to Municipal Court; approving the appointment of David Berkman and Ted B. Borek as magistrates pro tempore for the Marana Municipal Court; and increasing the rate of pay for all magistrates pro tempore serving the Marana Municipal Court (Jane Fairall) Discussion: On August 5, 2014, the Council reappointed Eugene Hays, David Dingledine and Kenneth Bowman to serve as magistrates pro tempore in the Marana Municipal Court, on an as- needed basis. Town Magistrate Charles Davies recommends that additional pro tem judges be appointed to ensure full court coverage and, as a result, conducted an open process calling for applications for the position. Judge Davies now recommends that the Council appoint David Berkman and Ted B. Borek as additional magistrates pro tempore, to be used as- needed when Judge Davies is unavailable for court. As with the other three appointees, the terms for Mr. Berkman and Mr. Borek would run through August 31, 2016, to coincide with the term of Judge Davies contract with the Town. Additionally, Judge Davies is recommending that the rate of pay for magistrates pro tempore be increased from $125 per half day and $250 per whole day, to $150 per half day and $300 per whole day. The Human Resources Department conducted a survey of other jurisdictions regarding the salaries of magistrates pro tempore and has determined that the requested increase in pay is reasonable. Thus, the attached resolution will also raise the rate of pay for all magistrates pro tempore who serve the Court. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Marana Regular Council Meeting 09/02/2014 Page 13 Amount: $10,500 Staff Recommendation: Staff recommends appointment of Mr. Berkman and Mr. Borek as magistrates pro tempore. Suggested Motion: I move to adopt Resolution No. 2014 -077, approving the appointment of David Berkman and Ted B. Borek as magistrates pro tempore for the Marana Municipal Court and increasing the rate of pay for all magistrates pro tempore serving the Marana Municipal Court. Attachments: Reso No. 2014 -077 Appointing Magistrates Pro Tempore Marana Regular Council Meeting 09/02/2014 Page 14 MARANA RESOLUTION NO. 2014 -077 RELATING TO MUNICIPAL COURT; APPROVING THE APPOINTMENT OF DAVID BERKMAN AND TED B. BOREK AS MAGISTRATES PRO TEMPORE FOR THE MARANA MUNICIPAL COURT; AND INCREASING THE RATE OF PAY FOR ALL MAGISTRATES PRO TEMPORE SERVING THE MARANA MUNICIPAL COURT WHEREAS Section 5 -2 -1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Mag- istrate's absence; and WHEREAS on August 5, 2014, via Resolution No. 2014 -066, the Town Council appoint- ed Kenneth Bowman, David Dingledine and Eugene Hays as magistrates pro tempore for terms beginning September 1, 2014, and expiring August 31, 2016, and directed that they shall be paid at the rate of $125.00 per half -day and $250.00 per full -day of service, as independent contrac- tors to the Town; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Hon- orable Charles Davies, has determined that it is necessary to appoint additional qualified individ- uals to serve as magistrates pro tempore on an as- needed basis in the Marana Municipal Court; and WHEREAS the Town Magistrate solicited applications for magistrates pro tempore and based upon applications received and reviewed by the Town Magistrate, recommends that the Town Council appoint David Berkman and Ted B. Borek to serve as magistrates pro tempore on an as- needed basis; and WHEREAS the Town Council finds that these individuals meet the qualifications im- posed by Arizona law and possess the requisite skill and character to perform as magistrates pro tempore; and WHEREAS the Town Council, upon recommendation of Judge Davies, has determined that it is necessary to increase the rates of pay for all magistrates pro tempore serving the Marana Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Marana Resolution 2014 -077 -1- Marana Regular Council Meeting 09/02/2014 Page 15 SECTION 1. The Town Council hereby appoints David Berkman and Ted B. Borek to serve as magistrates pro tempore on an as- needed basis, with terms effective September 1, 2014 through August 31, 2016. SECTION 2. The Town Council hereby rescinds Section 3 of Resolution No. 2014 -066 and directs that all magistrates pro tempore serving the Marana Municipal Court shall be paid at the rate of $150.00 per half -day and $300.00 per full -day of service, as temporary employees of the Town. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2 nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2014 -077 -2- Marana Regular Council Meeting 09/02/2014 Page 16 � ti' A. 1 115 5 5 N_, CI - q C CENTER D1 I T` AIARAN . ARIZ ONA 8 5 6 5 3 Item C3 To: Mayor and Council From: Lisa Shafer, Interim Director Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -078: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2015 (Lisa Shafer) Discussion: For several years, the Town of Marana Police Department has participated with the United States Department of Justice, Drug Enforcement Administration (DEA) on the DEA Tucson Task Force Group 1. These activities help improve the effectiveness and efficiency of drug control efforts. The DEA Tucson Task Force Group 1 will: (a) disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; (b) gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, (c) conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. Under this agreement the Town agrees to provide an officer to the task force for a period of not less than two years. The salary and benefits of the officer are paid for by the Town and any overtime worked by the officer is reimbursable by DEA up to a maximum of $17,374.25 per year. The proposed agreement outlines the procedures for operation for Task Force activities and the funding policies and procedures in more detail. Financial Impact: Fiscal Year: 2015 Marana Regular Council Meeting 09/02/2014 Page 17 Budgeted Yes Y /N: Amount: $17,374.25 The cost of this grant has been contemplated and placed in the current budget. The officer's salary and benefits will be paid out of the general fund and overtime will be reimbursable by DEA under this agreement. Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2014 -078, approving and authorizing the Chief of Police to execute the Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2015. Attachments: Reso No 2014 -078 Approving DEA Taskforce Agreement DEA Agreement Marana Regular Council Meeting 09/02/2014 Page 18 MARANA RESOLUTION NO. 2014-078 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2015 WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS the Town of Marana, through its Police Department, and the DEA desire to renew an agreement providing for the Marana Police Department's continued participation in the DEA Tucson Task Force; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the task force agreement between the DEA and the Marana Police Department for FY 2015, attached to this resolution as Exhibit A, and authorizing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED 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, conditions and objectives of the task force agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2 nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2014 -078 -1- Marana Regular Council Meeting 09/02/2014 Page 19 PROGRAM- FUNDED STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this 30 day of September, 2014, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and Marana Police Department (hereinafter "MPD") The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 573. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists throughout Arizona, and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Tucson Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and, c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Tucson Task Force, the MPD agrees to detail one (1) experienced Officer to the DEA Tucson Task Force for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. §575. 2015 Marana PD Pro ram Funded Task Force Agreement 1 Marana Regular Council Meeting 09/02/2014 Page 20 5. To accomplish the objectives of the DEA Tucson Task Force, DEA will assign four (4) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and MPD officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the DEA Tucson Task Force, the MPD will remain responsible for establishing the salary and benefits, including overtime, of the MPD Officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the MPD officer assigned to the DEA Tucson Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1, law enforcement officer general schedule locality pay tables, rest of the United States table (currently $17,374.25), per officer. Note: Task Force officer's overtime shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of three (3) after termination of this agreement, whichever is later. 10. The MPD shall comply with Title vI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H, and 1. 11. The MPD agrees that an authorized officer or employee will execute and return to DEA the attached oJP Form 4061/6, Certification Regarding Lobbying: Debarment, Suspension and other Responsibility Matters; and Drug -Free workplace Requirements. The MPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the MPD by DEA until the completed certification is received. 2015 Marana PD Pro ram Funded Task Force Agreement 2 Marana Regular Council Weeting 09/02/2014 Page 21 12. when issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal money, the MPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed. with Federal money, and, (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 29, 2015. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: Douglas W. Coleman Special Agent in Charge For Marana Police Department: Terry S. Rozema Chief of Police Attachment Date Date 49 a ' ra ' n ' a I e' * g aQ a a r w l e� J sk Force Agreement 3 Council PD Prrain F eetin 9/ 2/ 0 Pa 9 e 22 9 r,. U.S. DEPARTMENT OF JUSTICE r OFFICE OF JUSTICE PROGRAMS A OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND ]RUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Non procurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As e u ir d b e 31 of the U. Code, a n implei en11 I � �� Pa13 r 9Tale , r ns e g in o P a co a aivA reeme t over , ?6 . as nA ! n 2 rt to app�l an# cerifies that: � 4a , ) No Federal appropriate funds have been paid or will be paid, or on behalf of the undersi ned, to any person for influe tin or attemptin to influence an fficer or em ployee of an agent , a Member o Congress, an officer or employee of Corigre s, r an emplo ee of a Member of Congress in connection wit the makin �f an Federal rant ge entering into of any cooperative agreement, ang extension, continuation, renew 1, amendment, or modification of any Federal grant or cooperative agreement; I . f a ds oth er than Federal a r riated fund hav be n u or vvi 1De 9 c r i to an rson fo i or a m in luenc an cer or e 'elo ee an a ent a mem er o 92m re s a er or em o ee Of Con re o e pia e o a el" o res i �p io n ne L h is edera roan? or co erati aree ersi ed s all co p e and u p mt antar �a�m . - .��.Isclosure a� o6bying c ivities, in accordance with its instructions; ndersi ne s ll re uire that the la u e f this cer- f The i c #ion in Ide in a aw rd dot ments ��su� awards a a t iers, includin s grans onract uncl r rat a toe erativ ree ens �u�contr e s an 0 y a a u rec i�ients shaNce 1 y and g n d sclose acco h AND OTHER As required b Executi e Or r AVRV barment and Su en i n, .and lemented t � Sr s y i�g c an i � v rec� rans tactions, a� d ep ro n ed p an 7, %8c � 7 .5 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment declared inefigible, sentenced to a denial of Federal benefits by a State or court, or voluntarily xcluded from covered transactions by any Federal department or agency; b Have no w -yea a io Venrse ceddn t is ap lit tiara een convicted th� a thr a o r h a civil, udr d e en e e�a g air�st ie r commis on o . ?I r a cri irfia o in connection witri oi aining, attempling to o�tain, or pe arming a u ic (Federal State, . o Local} �ra a I n or c tr ct un pr l transaction; . via ation o e e a o a n ius u %s o ission f em a lemen he , or , e aI or struction o recor s, making �a st� a er o receiving stolen property; Are r� pr indicted for or th T rwipe criminal or civr ed i� a tit �P era 55t te, or cal wi m siv p ovem pt� ntal & an o e os�s enumer'afec� in paragra�h w' 1) Sa o mis ceR ificat�on; and d ave not within a re -year enod Ahij a p li atia .on more u li r act? ns (e8eral, ae,�r c focar erminae�or ca usg or ce au�t an cQ B. Whe a the a plic is , una le to if to aAtacl the s #at me . s in thi c r if #cation, e or s shall an expFana ion to this application. J ORANTEES OTHER THAZZIIVIDUALS) As re le e US red b e �ut re��W�u� lace or f � 988'aas e�ine� � art � Sections �61�and �����5- &g1peea p wpa li place y ies that it will or will continue to provide a (a P b ishin a stat ment notif in em to Res that the ut�law mai� fa to e, is ribution, �is n i ,. ssessio qr use of a co ro�ie�, sus nce is i 11 h ranhe war lace n e i in acts R wi be alCei� against emp� ?0 i anion o�such prohibition; k Es abli h ' anbo °utgoing drug -free awareness program to (1 ) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; � 3d A a y available drug counseling, rehabilitation, and employee sis nce programs, n LT. The �grplties that rn . b im u ?n employees for drug se v a ions occurring in a or p a e, iR4 MakN'n it a re% ' meat that e g h e mployeee to �R en &��ed iq requ o ante ran be gi c of s men ired by paragrap He ra N r ° a� ' tt� asm�c m it d unJe qMe grant pay wi - OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. Marana Regular Council Meeting 09/02/2014 Page 23 (1 ) Abide by the terms of the statement; and DEA Arizona offices (2 oti he un Io a in writing of his .or tier convi tion for a vI la on'o . a crimpn i dru st u oc the workplace n la er han i calendar days a er such convic on; � e ) Kati in e the a c , i writin , with' c Iendar days, after eceiyih r Lice � pr su ra ph. �} fro an em. r oh wis rece vi a tua notic uch . co , t e �mpt o er OT c nvic a o es st rovi once n qu ositlori em e a nt oT s fi d ro am tt Sk, . ! i I n c Ia a �ve u a In ' n 1. otice s a I me u e the iTenliffication" ., num eN oy each a ected grant; Check h there are workplace on file that are not identified ere. S 6 67 cti , D f the r ulations ov des.that a g n ee t at i a �ta ?e ma e�e o, a on cerl� a o in. ach Ike er a ca� y ea co cn s o kT a inc� awl th a ap �ica l on or be art �n o ice dales and 9?a Agencies may el ct o use Form 8 T/�. Talon one. of the followi acti ns, withi 30 lend r' r0 s feceivn notice unc� r su ar grap� (d } {�, w� pec) to any employee who is so conviNte L l� Taking ap ro 1 to sor�nel ,action a� in suc n o ee, e in t co sis ent w h t�e requiremen s of qa on � ic o 1 *3, as amended; or Ou Requirin,a s uch em I e o artici ate satisfactoril i dru se as an a or re fi a tpo rove 1�' or a suc a Federal ate, or va W1w e n orcemen , gu�gses r er appropriate ag6ncy; (g} Making a good faith effort to continue to maintain a dru - free workplace through implementation of paragraphs (a ), (b ), { }, (d ), {e }, and {f }. The .g rante may insert n t e th ite s for ole Performance aT wor�C a g ace r o videdAelow ne conneon with the sdecific gram: Plarcej of Performance (Street address, city, country, state, zip co Check '� if the State has elected to complete OJP Form 406 (GRANTEES WHO ARE INDIVIDUALS) As e re eir�d b e� u��f la�c�e of 1988, and de�ine� a� �8 ���a��, �F�Pt7W ecr�s 5 and gqgitees, as A. Asa ? ondition of he gr nt I ertify that I will not en a e in the unlaumanuf cure, cist ibu dis nsin os$ so Ke u se of a ontro a substance in cone i ion riy activity wi h grant; ancr B. If convinced of a criminal drug offense resulting from a violation occurrinct during the conduct of any grant activity, I will report the conviction, in writing, within 10 cal da s of the conviction, to: Department of Justice, Office of Justice Pro rams, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Marana Police Department 11555 W. Civic Center Drive, Bldg. B; Marana, AZ 85653 -7091 2. Application Number and /or Project Name 4. Typed Name and Title of Authorized Representative 3. Grantee IRS/Vendor Number Terry S. Rozema, Chief 5. Signature 6. Date Marana Regular Council Meeting 09/02/2014 Page 24 � ti' A. 1 115 5 5 Nv , CI - q C CENTER DRI VE ` AI TA. ARIZ ONA 8 5 6 5 3 Item C4 To: Mayor and Council From: Lisa Shafer, Interim Director Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -079 Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute a revised AED Donation Acceptance Agreement with the Gootter Foundation for the purchase of patrol car automated external defibrillators (AED) (Lisa Shafer) Discussion: This agreement was previously considered by the Town Council on August 5, 2014 and approved by Resolution 2014 -70. Prior to the agreement being signed by the Town, the Gootter Foundation made some modifications to the agreement. All of the modifications have been reviewed and are acceptable to staff. The Town of Marana Police Department applied for and received a grant from the Steven M. Gootter Foundation for six Automated External Defibrillators (AEDs). These AEDs will be placed in patrol vehicles and will give our officers the ability, in conjunction with their CPR training, to better manage patients until paramedics arrive on scene. The only cost to the Town is the ongoing maintenance costs of the AEDs. The Town currently has AEDs located in most Town buildings and the ongoing maintenance is overseen by the Safety and Emergency Management Coordinator. The Gootter Foundation has requested that the Town representative report to them any time one of the AEDs is used. This will help the foundation maintain the statistics on the usefulness of the program. Future funding of the grant program could provide the possibility for the Town to equip more patrol cars with AEDs. Staff Recommendation: Marana Regular Council Meeting 09/02/2014 Page 25 Staff recommends approval of the revised AED Donation & Acceptance Agreement with the Steven M. Gootter Foundation to receive funding for six automated external defibrillators. Suggested Motion: I move to adopt Resolution No. 2014 -079 approving and authorizing the Safety and Emergency Management Coordinator, to execute a revised AED Donation Acceptance Agreement with the Gootter Foundation for patrol car automated external defibrillators (AED). Attachments: Resol No. 2014 -079 AED Agreement Marana Regular Council Meeting 09/02/2014 Page 26 MARANA RESOLUTION NO. 2014 -079 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE SAFETY AND EMERGENCY MANAGEMENT COORDINATOR TO EXECUTE A REVISED AED DONATION &ACCEPTANCE AGREEMENT WITH THE GOOTTER FOUNDATION FOR THE PURCHASE OF PATROL CAR AUTOMATED EXTERNAL DEFIBRILLATORS (AED). WHEREAS the Town of Marana is committed to the health and safety of all employees, visitors, and citizens; and WHEREAS an Automated External Defibrillator (AED) program allows for lay rescuers (i.e., non - health care professionals) to operate an AED to treat the victim of a sudden cardiac ar- re st; and WHEREAS the Marana Police Department applied for and received grant funding from the Gootter Foundation for the purchase of AED units to be placed in patrol vehicles; and WHEREAS on August 5, 2014, the Town Council adopted Resolution No. 2014 -070 ap- proving and authorizing execution of an AED Donation and Acceptance Agreement with the Gootter Foundation; and WHEREAS the Gootter Foundation revised the AED Donation and Acceptance Agree- ment shortly after the adoption of Resolution No. 2014 -070; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into the revised agreement with the Gootter Foundation regarding the grant award. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The revised agreement between the Town of Marana and the Gootter Foundation, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town's Safety and Emergency Management Coordinator is hereby au- thorized to execute it for and on behalf of the Town of Marana. SECTION 2. The revised agreement attached to and incorporated in this resolution as Exhibit A hereby replaces and supersedes the agreement approved on August 5, 2014, pursuant to Resolution No. 2014 -070. -1- Marana Resolution No. 2014 -079 Marana Regular Council Meeting 09/02/2014 Page 27 SECTION 3. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk -2- Marana Resolution No. 2014 -079 Marana Regular Council Meeting 09/02/2014 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 28 AED DONATION & ACCEPTANCE AGREEMENT This AGREEMENT (the " Agreement "), is entered into, effective the date stated below, by and among: Parties: STEVEN M. GOOTTER FOUNDATION, an Arizona non - profit corporation ( " Gootter Foundation "); and MARANA POLICE DEPARTMENT, ( " You "). The Gootter Foundation agrees to donate money for the purchase of six (6) automated external defibrillators ( " AEDs ") (the " Donation "), and You agree to accept the Donation, under the following terms: 1. Gootter Foundation Tasks The Gootter Foundation will send payment for the purchase price of the AEDs to its chosen dealer or manufacturer ( " Dealer "), with instruction to the Dealer to deliver the AEDs directly to You. 2. Your Tasks You will register each of the AEDs with the Arizona Department of Health Services Bureau of Emergency Medical Services & Trauma System's "Save Hearts in Arizona Registry & Education" program ( " SHARE "), by filling out and submitting the on -line registration form on the SHARE website. 3. Maintenance Schedule You agree to maintain the manufacturer's recommended schedule of care and maintenance for the AEDs. YOUR INITIALS 4. Organization If You are accepting the Donation on behalf of an organization, You represent and warrant that the execution, delivery, and performance of this Agreement by You is within Your power and authority and has been duly authorized by all necessary action by the organization on whose behalf You execute this Agreement. If You are executing this Agreement on behalf of an organization, then any reference to "You" shall also refer to such organization and its partners, members, shareholders, directors, officers, employees, agents, and contractors. 5. INDEMNITY & WAIVER YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE GOOTTER FOUNDATION HARMLESS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, DAMAGES, LOSSES, CAUSES OF ACTION, AND SUITS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO THE CARE, STORAGE, MAINTENANCE, PERFORMANCE, OR USE OF ANY OF THE AEDs ( " CLAIMS "). YOU HEREBY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AT ANY TIME AGAINST THE GOOTTER FOUNDATION AND ITS DIRECTORS, OFFICERS, COMMITTEE MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 5, YOU ACKNOWLEDGE THAT YOU ARE AN ARIZONA PUBLIC INSTITUTION AND THAT ANY INDEMNIFICATION AND HOLD HARMLESS PROVISION IN THIS SECTION 5 MAY BE LIMITED, IF AT ALL, BY THE LAW OF THE STATE OF ARIZONA, INCLUDING, WITHOUT LIMITATION, BY ARTICLE 9, SECTIONS 5 AND 7 OF THE ARIZONA CONSTITUTION, A.R.S. §35 -154, AND A.R.S. §41 -621. YOUR INITIALS 6. YOUR RESPONSIBILITY YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO PROPERLY CARE FOR, STORE, MAINTAIN IN GOOD WORKING ORDER, USE, AND TEST THE AEDs ACCORDING TO THE GUIDELINES OF THE AEDs' MANUFACTURER, AND THAT THE GOOTTER FOUNDATION HAS NOT, WILL NOT, AND NEED NOT PROVIDE 19182182 Regular Council Meeting 09/02/2014 Page 29 OVERSIGHT, TRAINING, OR OTHER HELP FOR THIS RESPONSIBILITY. YOU AGREE TO NOTIFY THE GOOTTER FOUNDATION IN WRITING EACH TIME AN AED IS DEPLOYED, AND REPORT ON THE INCIDENT AND OUTCOME. YOUR INITIALS 7. WARRANTIES YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RECEIVING AND HEREBY ACCEPT THE AEDs "AS IS" AND "WITH ALL FAULTS." THE GOOTTER FOUNDATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, AS TO THE CONDITION, VALUE, OR QUALITY OF THE AEDs AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, MARKETABILITY, USAGE, OR FITNESS OF ANY PARTICULAR PURPOSE WITH RESPECT TO THE AEDs. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXECUTION OF THIS AGREEMENT. YOUR INITIALS 8. Attorney's Fees Any party who commences or defends an action against the other party to enforce any of the terms of this Agreement or because of a breach by either party of any of its terms, and is successful in such prosecution or defense, whether in litigation, arbitration, or otherwise, shall recover from the losing or defaulting party reasonable attorney's fees, costs, and expenses incurred in connection with the prosecution or defense of such action. 9. Governing Law Any and all matters in dispute between the parties to this Agreement, whether arising from or relating to the Agreement itself, or arising from alleged extra - contractual facts prior to, during or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence or any other alleged tort or violation of the contract, shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, regardless of the legal theory upon which such matter is asserted. 10. Jurisdiction and Venue Any action, arbitration, audit, hearing, investigation, litigation, or suit (whether civil, criminal, administrative, judicial or investigative, whether formal or informal, whether public or private) commenced, brought, conducted, or heard by or before, or otherwise involving, any governmental body or arbitrator arising out of or relating to this Agreement shall be brought in the courts of the State of Arizona, County of Pima. 11. Binding Effect This Agreement is binding upon the heirs, personal representatives, administrators, agents, successors and assigns of the respective parties. 12. Gender and Number Whenever used in this Agreement, the singular shall include the plural and the plural shall include the singular, the male shall include the female gender and a trust, partnership, firm, company or corporation, all as the context and meaning of this Agreement require. 13. Headings The descriptive headings of the several sections of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. 14. Entire Agreement; Amendment This Agreement contains all of the agreements of the parties with respect to the matters contained herein and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended or added except by an agreement in writing signed by the parties and /or their respective successors. 15. Counterparts; Fax /Electronic Signatures This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be as effective as original signatures. 2 19322367 Marana Regular Council Meeting 09/02/2014 Page 30 16. Severability In the event that any one or more of the provisions or parts of a provision contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, such invalidity, illegality, or unenforce ability shall not affect any other provision or part of a provision of this Agreement or any other jurisdiction, but this Agreement shall be reformed and construed in any such jurisdiction as if such invalid or illegal or unenforceable provision or part of a provision had never been contained herein and such provision or part shall be reformed so that it would be valid, legal, and enforceable to the maximum extent permitted in such jurisdiction. Wherefore, the parties execute this Agreement effective this day of 1 20 STEVEN M. GOOTTER FOUNDATION: ca'w��- e��l - Andrew Messing, President YOU: Town of Marana Police Department [Organization Name] [Signature] Manuel Carbajal Jr. [Print Name] Safety &Emergency Management Coordinator [Title] Your Address: Town of Marana 115 5 5 W. Civic Center Drive Marana, AZ 85653 Your Telephone Number: (520) 382-1972 Your Email Address: mcarbajal(c�,marana.com 3 19322367 Marana Regular Council Meeting 09/02/2014 Page 31 1 115 5 5 Nv , CI - q C CENTER D1 I T` NIARANA. ARIZ ONA 8 5 6 5 3 Item C5 To: Mayor and Council Submitted For: Frank Cassidy, Town Attorney From: Frank Cassidy, Town Attorney Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -080 Relating to Public Works; approving and authorizing the Mayor to execute an Amendment to Dove Mountain Development Agreements to fund water main relocations needed for the construction of the Moore Road improvements connecting Dove Mountain Boulevard and Camino de Oeste (Frank Cassidy) Discussion: Cottonwood Properties is about to begin construction of the Moore Road improvements connecting Dove Mountain Boulevard to Camino de Oeste. During the design of the Moore Road improvements, Cottonwood and the Town learned that Tucson Water would not sign off on the construction unless a 24 -inch potable water main and a 16 -inch reclaimed water main serving the Dove Mountain development and located in the Moore Road right -of -way were relocated. To address Tucson Water's concerns, water main relocation drawings were prepared in 2008 (Tucson Water Plan No. FN 2008 -02) and approved by Town staff, committing Town funding for the relocation of the water mains, with the understanding that half of the construction funding (excluding design costs) would be reimbursed by Tucson Water pursuant to a standard utility relocation cost - sharing agreement. These water main relocations can be most efficiently accomplished as part of Cottonwood's publicly procured Moore Road improvements project. Doing the projects together will eliminate unnecessary construction conflicts and duplication of mobilization and overhead costs. Cottonwood is about to begin constructing the Moore Road improvements. Town staff mistakenly believed that the Town's funding commitment was already adequately addressed. This agreement Marana Regular Council Meeting 09/02/2014 Page 32 is being brought forward at the request of the Finance Department and Legal Department, so that the Town's funding commitment and the staff s authority to seek reimbursement from Tucson Water can be clearly documented. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Amount: $200,000 Staff Recommendation: Staff recommends adoption of Resolution 2014 -080, approving and authorizing the Mayor to execute the agreement funding the Moor Road water main relocations. Suggested Motion: I move to adopt Resolution 2014 -080, approving and authorizing the Mayor to sign the agreement funding the Moore Road water main relocations. Attachments: Resol No. 2014 -080 Amendment Dove Mountain Development Agreement for Moore Road Construction Exh A to Reso Agt re water main relocations Marana Regular Council Meeting 09/02/2014 Page 33 MARANA RESOLUTION NO. 2014-080 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS TO FUND WATER MAIN RELOCATIONS NEEDED FOR THE CONSTRUCTION OF THE MOORE ROAD IMPROVEMENTS CONNECTING DOVE MOUNTAIN BOULEVARD AND CAMINO DE OESTE WHEREAS Cottonwood Properties is the master developer of Dove Mountain; and WHEREAS Cottonwood is constructing Moore Road from its terminus adjacent to the Bluffs at Dove Mountain easterly to the existing intersection of Camino de Oeste and Moore Road in satisfaction of its commitments under a 2003 Amendment to Development Agreements pertaining to the expansion of the Dove Mountain Specific Plan to include Section 36; and WHEREAS Tucson Water requires relocation of a 24 -inch potable water main and a 16- inch reclaimed water main located within the Moore Road right -of -way and serving the Dove Mountain development as a condition of its approval of the plans for the Moore Road improvements; and WHEREAS water main relocation drawings were prepared in 2008 and approved by Town staff, committing Town funding for these water main relocations, with the understanding that half of the construction funding (excluding design costs) would be reimbursed by Tucson Water pursuant to a standard utility relocation cost - sharing agreement; and WHEREAS the 2015 Town of Marana Capital Improvements Projects budget includes a line item of $200,000 for the Town's share of the Subject Water Relocation Project, the total cost of which is expected not to exceed $300,000; and WHEREAS having Cottonwood include the water main relocations in its Moore Road improvements project will eliminate potential construction conflicts and duplication of mobilization and overhead costs that would otherwise arise if the Town were to do the relocations as a separate project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the proposed Amendment to Dove Mountain Development Agreements to fund the water main relocations as part of Cottonwood's Moore Road improvements project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Amendment to Dove Mountain Development Agreements Resolution No. 2014 -080 - 1 - 8/22/2014 5:09 PM FJC Marana Regular Council Meeting 09/02/2014 Page 34 attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED 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, conditions and objectives of the agreement, including without limitation to do all things and execute all documents necessary to obtain reimbursement from Tucson Water for half of the water mains relocation costs. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2014 -080 -2- 8/22/2014 5:09 PM FJC Marana Regular Council Meeting 09/02/2014 Page 35 WHEN RECORDED, RETURN TO: Marana Town Clerk 11555 West Civic Center Drive Marana, Arizona 85653 AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS TOWN OF M ARIZONA This Amendment to Dove Mountain Development Agreements (this "Amendment ") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and COTTONWOOD PROPERTIES, INC., an Arizona corporation ("'Cottonwood'"),, LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation, as Trustee under Trust No. 7804 -T ("'Trust 7804""),, and LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation, as Trustee under Trust No. 7805 -T (""Trust 7805 "). Trust 7804 and Trust 7805 are sometimes collectively referred to as the "Trusts." The Town, Cottonwood, Trust 7804, and Trust 7805 are sometimes collectively referred to as the "Parties," any one of which is sometimes individually referred to as a "Party." RECITALS A. The Parties are parties to that certain Amendment to Development Agreements made as of June 19, 2001 and recorded in Docket 11594 at Page 3855 and that certain Amendment to Development Agreements made as of April 5, 2005 and recorded in Docket 12525 at Page 1451 in the Office of the Pima County Recorder (collectively "Resort Agreement "), and to that certain Amendment to Development Agreements made as of March 18, 2003 and recorded in Docket 12017 at Page 6571 in the Office of the Pima County Recorder ( " Trailhead Agreement "). The Parties (or their predecessors in interest) are parties to the Development Agreements (as defined in the Resort Agreement) and the Resort Agreement and the Development Agreements shall be collectively referred to herein as the "Current Development Agreements." B. Cottonwood is the intended master developer of the majority of the property described and depicted in the Current Development Agreements (exclusive of the District 1 Property described in the Phase 1 Agreement) and all references to the "Developer" in this Amendment refer to any and all of Cottonwood, the Trusts (and their beneficiaries) and/or such other developer(s), if any, as the case may be, to whom the Trusts hereafter assign all or a portion of their rights and obligations under the Current Development Agreements in accordance with the provisions of the Current Development Agreements. 100039135.DOCX / 21 8/22/2014 3:51 PM AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS/ MOORE ROAD WATER MAINS RELOCATION -1- Marana Regular Council Meeting 09/02/2014 Page 36 C. Paragraph 4 of the Trailhead Agreement identifies certain offsite transportation improvements the Developer was required to make if it purchased "Section 36" as defined in the Trailhead Agreement. The Developer thereafter purchased Section 36. D. Paragraph 4(A) of the Trailhead Agreement requires the Developer to extend Moore Road from its terminus adjacent to the Bluffs at Dove Mountain easterly to the existing intersection of Camino de Oeste and Moore Road. E. The Parties understood that paragraph 4(A) of the Trailhead Agreement was intended to address transportation needs only. F. During the design of the Moore Road improvements referred to in recital D, the Parties learned that Tucson Water would require relocation of a 24 -inch potable water main and a 16 -inch reclaimed water main serving the Dove Mountain development as a condition of approval of the Moore Road improvements. G. Concurrently with the design of the Moore Road improvements, water main relocation drawings were prepared in 2008 (Tucson Water Plan No. FN 2008 -02) (the "Subject Water Relocation Project ") and approved by Town staff, committing Town funding for the Subject Water Relocation Project, with the understanding that half of the construction funding (excluding design costs) would be reimbursed by Tucson Water pursuant to a standard utility relocation cost - sharing agreement. H. The current Town Capital Improvements Projects budget includes a line item of $200,000 for the Town's share of the Subject Water Relocation Project, the total cost of which is expected not to exceed $300,000. I. The Parties conclude that the Subject Water Relocation Project can be most efficiently accomplished as part of the Developer's publicly procured Moore Road improvements project, for reasons including elimination of unnecessary construction conflicts and duplication of mobilization and overhead costs. J. Construction of the Moore Road improvements is imminent, pending formalization of the Subject Water Relocation Project funding. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Amendment as though fully restated here, and the mutual covenants set forth in this Amendment, the Parties hereby agree as follows: 1. Construction of the Subject Water Relocation Project as a component of the Moore Road improvements. The Developer shall construct the Subject Water Relocation Project as a component of the construction of the Moore Road improvements project, and shall pay all costs associated with the combined projects as they come due. 2. Developer's cost itemization to the Town. The Developer shall submit to the Town quarterly pay requests itemizing the actual Subject Water Relocation Project costs incurred and paid to date as part of the Moore Road improvement project. The 100039135.DOCX / 21 8/22/2014 3:51 PM AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS/ MOORE ROAD WATER MAINS RELOCATION -2- Marana Regular Council Meeting 09/02/2014 Page 37 Developer shall provide the Town with invoices or other backup information reasonably requested by the Town to confirm the accuracy of the Developer's quarterly pay request. 3. Town reimbursement for Subject Water Relocation Project. The Town will review each quarterly pay request seeking reimbursement of actual Subject Water Relocation Project costs and will notify the Developer within ten working days of receipt of the pay request if additional information is needed or if the Town disputes all or any portion of the pay request. The Town shall pay the approved amount of each quarterly pay request within 30 days of receipt of the request or within 30 days of receipt of the requested additional information, whichever is later. 4. Tucson Water reimbursement. Town staff is authorized to execute any and all documentation and actions necessary to obtain reimbursement from Tucson Water for half of the construction costs of the Subject Water Relocation Project. 5. Miscellaneous. (A) This Amendment may not be modified except in a writing signed by the Parties. (B) Time is of the essence of this Amendment. (C) This Amendment shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Amendment or to obtain any remedy with respect to this Amendment shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If any Party fails to perform any of its obligations under this Amendment or if a dispute arises concerning the meaning or interpretation of any provision of this Amendment, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Amendment, including, without limitation, court costs and reasonable attorneys' fees. (E) This Amendment may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (F) This Amendment is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 100039135.DOCX / 21 8/22/2014 3:51 PM AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS/ MOORE ROAD WATER MAINS RELOCATION -3- Marana Regular Council Meeting 09/02/2014 Page 38 IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last date set forth below their respective signatures. THE "TOWN": The "DEVELOPER ": TOWN OF MARANA, an Arizona municipal COTTONWOOD PROPERTIES, INC., an Arizona corporation corporation Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Its: Date: The ""TRUSTS"": LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation, as Trustee under Trust No. 7804 -6 and Trust No. 7805 -T only, and not in its corporate capacity By: Its: Date: STATE OF ARIZONA SS. County of Pima ) The foregoing instrument was acknowledged before me on the PROPERTIES, INC., an Arizona corporation, on behalf of the corporation. (Seal) of COTTONWOOD Notary Public STATE OF ARIZONA SS. County of Pima ) The foregoing instrument was acknowledged before me on by the of LAWYERS TITLE OF ARIZONA, INC., an Arizona corporation, as Trustee under Trust No. 7804 -6 and Trust No. 7805 -T only, and not in its corporate capacity. (Seal) Notary Public 100039135.DOCX / 21 8/22/2014 3:51 PM AMENDMENT TO DOVE MOUNTAIN DEVELOPMENT AGREEMENTS/ MOORE ROAD WATER MAINS RELOCATION -4- by Marana Regular Council Meeting 09/02/2014 Page 39 � ti' A. 1 115 5 5 Nv , CI - q C CENTER D1 I T` AIARAN . ARIZ ONA 8 5 6 5 3 Item C6 To: Mayor and Council From: Lisa Shafer, Interim Director Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2014 -081 Relating to Marana Regional Airport; authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $496,763 for reimbursement of cost overruns on the FAA 14 Grant (Airport Road Project); approving an operating transfer of $250,092 from the General Fund to the Airport Capital Fund in the fiscal year 2014 -2015 budget to pay the Town's share of costs for the project (Lisa Shafer) Discussion: On August 21, 2014, Town staff met with staff from the Federal Aviation Administration (FAA) and Arizona Department of Transportation (ADOT). During this meeting ADOT informed Marana staff that the Grand Canyon National Park Airport was not going to be able to utilize their FAA grant funds for this 2014 federal fiscal year and they would be expiring on September 30th. ADOT wanted to offer them to the Town to pay off the remaining debt the airport had to the Town's General Fund for overruns from the FAA 14 grant that has been referred to as the Airport Road Project. The FAA 14 grant project, which consisted of design and rehabilitation of runways and taxiways and the design and construction of taxiway E apron and the access road was completed in 2009 with funding provided by both the FAA and the ADOT. Grant funding did not cover the full cost of all the work done under this grant scope. Under FAA regulations, the Town is eligible to apply future funding to this project. FAA entitlement dollars in the amount of $551,307 were received in the form of FAA 19 Grant in August 2012. This funding was applied to the outstanding debt. The current remaining debt to the General Fund is $702,444 which consist of $452,352 to be reimbursed by the FAA grant and the Town's sponsor portion of $250,092. The Town sponsor portion represents the entire Town share for the original project and all of the overruns. Staff is also asking for the authority to complete an operating transfer of cash in the amount of $250,092 from the General Fund to the Airport Capital Fund to fulfill the Town's matching requirements and Marana Regular Council Meeting 09/02/2014 Page 40 finally close out the grant. The FAA grant agreement must be executed and returned to the FAA within a very short period of time. The proposed resolution will authorize the Town Manager to execute the agreement once it is received by the Town and to take all further action necessary to carry out the terms of the agreement and the requirements for funding under the FAA AIP for federal fiscal year 2014. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: No Amount: $250,092 The current remaining debt to the General Fund is $702,444 which consist of $452,352 to be reimbursed by the FAA grant and the Town's sponsor portion of $250,092. Staff Recommendation: Staff recommends that the Town Manager be authorized to execute the grant agreement with the FAA, and that the operating transfer of cash from the General Fund to the Airport Capital Fund be approved. Suggested Motion: I move to adopt Resolution No. 2014 -081, authorizing the Town Manager to execute a grant agreement with the Federal Aviation Administration for funding in the amount not to exceed $496,763 for reimbursement of cost overruns on the FAA 14 Grant (Airport Road Project) and approving an operating transfer of $250,092 from the General Fund to the Airport Capital Fund in the fiscal year 2014 -2015 budget to pay the Town's share of costs for the project. Attachments: Resol No. 2014-081 FAA Grant Agreement for Marana Municipal Airport Marana Regular Council Meeting 09/02/2014 Page 41 MARANA RESOLUTION NO. 2014-081 RELATING TO MARANA REGIONAL AIRPORT; AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $496,763 FOR REIMBURSEMENT OF COST OVERRUNS ON THE FAA 14 GRANT (AIRPORT ROAD PROJECT); APPROVING AN OPERATING TRANSFER OF $250,092 FROM THE GENERAL FUND TO THE AIRPORT CAPITAL FUND IN THE FISCAL YEAR 2014 -2015 BUDGET TO PAY THE TOWN'S SHARE OF COSTS FOR THE PROJECT WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport; and WHEREAS the Town of Marana has submitted a grant request to the Federal Aviation Administration (FAA) under the Airport Improvement Program (AIP) to reimburse cost overruns on the FAA 14 Grant (FAA AIP 03 -04- 0058 -14) (Airport Road Project); and WHEREAS the FAA has acknowledged a tentative award to the Town of Marana for funding in the amount of $496,763 for the grant request; and WHEREAS the Airport Road Project dates back to 2006 and has been funded by various grants requiring the Town of Marana to provide various percentages of match funding; and WHEREAS the grant award addressed by this resolution requires the Town to provide match funding of 8.94 %; and WHEREAS $250,092 is the total amount of match funding owed by the Town to the Project based on the various grants and grant agreements; and WHEREAS on June 17, 2014, the Town Council adopted the fiscal year 2014 -2015 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the operating transfer of $250,092 from the General Fund will not significantly impact Town operations; and Resolution No. 2014 -XXX - 1 - Marana Regular Council Meeting 09/02/2014 Page 42 WHEREAS the Council finds that the transfer of funds addressed by this resolution is in the best interest of the Town of Marana and its citizens; and WHEREAS the Town Council finds that authorizing the Town Manager to execute a grant agreement with the FAA for reimbursement of cost overruns on the FAA 14 Grant 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, AS FOLLOWS: SECTION 1. The Town Manager is hereby authorized to execute a grant agreement with the Federal Aviation Administration for funding in an amount not to exceed $496,763 for reimbursement of cost overruns on the FAA 14 Grant (Airport Road Project). SECTION 2. The Town Council hereby approves an operating transfer of $250,092 from the General Fund to the Airport Capital Fund for fiscal year 2014 -2015 to pay the Town's share of costs for the Airport Road Proj ect. SECTION 3. 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, conditions and objectives of the grant agreement and of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2014 -XXX -2- Marana Regular Council Meeting 09/02/2014 Page 43 � ti' A. 1 115 5 5 N_, CI - q C CENTER DF I T` NIARANA. ARIZ ONA 8 5 6 5 3 Item C7 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2014.021 Relating to Business Regulations; amending Marana Town Code Title 9 (Business Regulations); deleting paragraph B of section 9 -1 -3 (Fees; payment; term of licenses; annual renewal required) related to liquor license fees; renaming chapter 9 -7 (Liquor License Tax) as "Liquor Licenses "; rewriting Chapter 9 -7; and designating an effective date (Jane Fairall) Discussion: Pursuant to A.R.S. section 4 -223, the Town is permitted to "levy a tax on the privilege of engaging or continuing in the business of selling spirituous liquor at retail ... and to impose a permit tax or fee." This tax is different and separate from license application fees, which the Town may also impose. Currently, Chapter 9 -7 of the Town Code is named "Liquor License Tax." However, although a "tax" is referred to in the title of the chapter, the text of the chapter addresses application fees for liquor licenses, rather than a tax. Section 9-1-3(B) of the Code, under business licenses, says essentially the same thing as the provisions of Chapter 9 -7. The Town has not charged a liquor license tax under the state statute, and Town staff does not recommend the imposition of a liquor license tax. The proposed ordinance will amend the Code to reflect the reality of how the Town actually handles liquor licenses as follows: 1. Rename Chapter 9 -7 as "Liquor Licenses" removing the reference to a "tax." 2. Rewrite Chapter 9 -7 to state simply that a business must have a liquor license to deal in spirituous liquors in the Town, application for a license will be on forms from the state Department of Liquor Licenses and Control, and the Town's license application fees as set forth in the fee schedule must be paid. 3. Delete section 9- 1 -3(B), as it is not necessary to include reference to liquor licenses in the Marana Regular Council Meeting 09/02/2014 Page 44 regular business license section of the Code, especially once Chapter 9 -7 is cleaned up and made more clear. Financial Impact: Fiscal Year: N/A Budgeted Y /N: N/A Amount: $N /A Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2014.021, amending Town Code Title 9 related to liquor licenses. Attachments: Ord. No. 2014.021 Amending Town Code Title 9 Business Regulations Marana Regular Council Meeting 09/02/2014 Page 45 MARANA ORDINANCE NO. 2014o021 RELATING TO BUSINESS REGULATIONS; AMENDING MARANA TOWN CODE TITLE 9 (BUSINESS REGULATIONS); DELETING PARAGRAPH B OF SECTION 9 -1 -3 (FEES; PAYMENT; TERM OF LICENSES; ANNUAL RENEWAL REQUIRED) RELATED TO LIQUOR LICENSE FEES; RENAMING CHAPTER 9 -7 (LIQUOR LICENSE TAX) AS "LIQUOR LICENSES "; REWRITING CHAPTER 9 -7; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 4 -201 et seq., to process liquor license applications, to charge fees for application processing, and to make recommendations regarding the applications to the Arizona Department of Liquor Licenses and Control; and WHEREAS the Town Council finds that revising various provisions in Title 9 of the Marana Town Code regarding liquor licenses as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 9 -1 -3 (Fees; payment; term of licenses; annual renewal required) of the Marana Town Code is hereby revised to delete paragraph B related to liquor license fees, and to re- letter the paragraphs that follow to conform. SECTION 2. The title of Marana Town Code Chapter 9 -7 is hereby renamed "Liquor Licenses." SECTION 3. Existing Chapter 9 -7 of the Marana Town Code is hereby deleted in its entirety and replaced with new Chapter 9 -7, as follows: 9 -7 -1 Definition For purposes of this chapter, "spirituous liquor" is defined as provided in A.R.S. § 4 -101. 9 -7 -2 License required; classification A. No person shall manufacture, sell or deal in spirituous liquors within the town without first obtaining and properly maintaining in force a liquor license issued by the state under the procedures specified by state law. B. Violation of this section is a class 2 misdemeanor. Ordinance No. 2014.021 - 1 - Marana Regular Council Meeting 09/02/2014 Page 46 9 -7 -3 License application; fees A. Any person desiring a license to manufacture, sell, or deal in spirituous liquor in the town shall file an application on forms prescribed and furnished by the Arizona department of liquor licenses and control. Applications shall be processed in accordance with the procedures specified by state law. B. Every person filing an application under this chapter shall pay a nonrefundable application fee to the town in an amount established by a fee schedule adopted by the council and amended from time to time, except that no fee shall be charged for an application for sampling privileges. The applicable fee shall be due and payable to the town upon the town's receipt of the application. SECTION 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 7. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2 nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Ordinance No. 2014.021 -2- Marana Regular Council Meeting 09/02/2014 Page 47 � ti' A. c RA N 115 5 5 Nv , CI - q C CENTER DRI VE ` NIARANA. ARIZ ONA 8 5 6 5 3 Item C8 To: Mayor and Council From: Suzanne Sutherland, Assistant Date: September 2, 2014 Subject: Approval of August 5, 2014 Council Meeting Minutes and August 12, 2014 Study Session Minutes. (Jocelyn C. Bronson) Attachments: Draft Regular Council Meeting Minutes 8/5/2014 Draft Study Session Minutes 8/12/2014 Marana Regular Council Meeting 09/02/2014 Page 48 N O 0 1 7 9 MARANA �Rizo�` REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, August 5, 2014 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Memt'er, M Patti Comerford, Council Me er g1l1W Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02 p.m. All Council Members were present except Vice Mayor Post, who was excused. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. CALL TO THE PUBLIC. David Morales spoke regarding the Veterans Regional Cemetery to be built in Marana. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Comerford complimented staff for the wonderful job they did on the 4 of July event. Council Member Ziegler expressed her and others' support for the Veterans' cemetery. August 5, 2014 S Meeting Minutes 1 Marana Regular Council Meeting 09/02/2014 Page 49 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson announced that the Council Executive Report is available and on the dais. PRESENTATIONS CONSENT AGENDA. C 1: Ordinance No. 2014.020: Relating to Administration; amending Town Code Section 3 -2 -4 (Town clerk) to provide that the Town Manager may designate a person to act as the Town Clerk in the absence of the Town Clerk; and declaring an emergency C 2: Resolution No. 2014 -065: Relating to Municipal Court; reappointing Charles Davies as Marana Town Magistrate for a two -year term beginning September 1, 2014; approving and authorizing the Mayor to execute an employment agreement between the Town of Marana and Charles Davies. C 3: Resolution No. 2014 -066: Relating to Municipal Court; approving the reappointment of magistrates pro - tempore for the Marana Municipal Court C 4: Resolution No. 2014 -067: Relating to the Police Department; approving and authorizing the Mayor to execute a revised intergovernmental agreement by and between the parties that form the Pima County /Tucson Metropolitan Counter Narcotics Alliance (CNA) regarding the administration and operation of the CNA, a law enforcement task force C 5: Resolution No. 2014 -068: Relating to the Police Department; approving and authorizing the Mayor to execute a service agreement with the Marana Unified School District to provide School Resource Officers in support of the District's School Safety Program C 6: Resolution No. 2014 -069: Relating to the Police Department; approving and authorizing the Town Manager to execute a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson (COT) and the Town of Marana to receive funding under COT Grant Number HT -14 -2314 C 7: Resolution No. 2014 -070: Relating to the Police Department; approving and authorizing the Safety and Emergency Management Coordinator to execute an AED Donation &Acceptance Agreement with the Gootter Foundation for the purchase of patrol car automated external defibrillators (AED). August 5, 2014 S Meeting Minutes 2 Marana Regular Council Meeting 09/02/2014 Page 50 C 8: Resolution No. 2014 -071: Relating to Development; approving a final plat for John Deere Marana - Lots 1 & 2 located approximately 0.3 miles northwest of the Twin Peaks and I -10 Freeway Interchange. C 9: Approval of July 1, 2014 Council Meeting Minutes Motion to approve by Council Member Comerford, second by Council Member McGorray. Passed unanimously 6 -0. LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 (restaurant) liquor license application submitted by Federico Avitia on behalf of Stadium Grill located at 3682 W. Orange Grove Road, Suite 146, Tucson, AZ 85741. Presented by Jocelyn Bronson, who noted that the application was properly posted and reviewed by all appropriate departments. Staff is recommending an order of approval to the Arizona Department of Liquor Licenses and Control. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously 6 -0. BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2014 -072 Relating to Boards, Commissions and Committees; appointing Daniel Contorno to the Town of Marana Personnel Action Review Board. Presented by Suzanne Machain. Motion to approve the appointment of Daniel Contorno by Council Member McGorray, second by Council Member Kai. Passed unanimously 6 -0. COUNCIL ACTION A 1: Resolution No. 2014 -073 Relating to Development; approving the subdivision plat known as Marana Center Final Block Plat Parcels 1 -5 on 170.70 acres on the south side of Twin Peaks Road between Interstate 10 and Linda Vista Boulevard. Presented by Ryan Mahoney with additional information given by Frank Cassidy regarding a modification to the resolution. David Scholl, principal, and Duane Gunn, engineer, representing Vintage Partners also spoke regarding their positive experiences working with town staff on the project over the past year. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. A 2: Resolution No. 2014 -074: Relating to Utilities; approving and authorizing the Mayor to execute the Tangerine Business Park Public Water Infrastructure Participation Agreement and August 5, 2014 S Meeting Minutes 3 Marana Regular Council Meeting 09/02/2014 Page 51 the Marana Technology Campus Public Water Infrastructure Participation and Water Service Agreement for construction of public water improvements in the Tangerine Corridor Economic Activity Center. Presented by Frank Cassidy. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. A 3: Resolution No. 2014 -075: Relating to Public Works; approving and authorizing the Mayor to execute a public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road -- Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project. Presented by Frank Cassidy. Mr. Cassidy noted that in the future, this type of items would be on the Consent Agenda; however, since this is the first agreement of its kind, he chose to bring this to Council as an action item. In this instance, the developer was required to put up cash for the re- design. In lieu of the cash, the town was given a First Position Deed of Trust to cover actual construction costs. This allows the modification to be made and avoids conflicts in the field. Motion by Council Member Kai, second by Council Member Bowen. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of other governmental bodies EXECUTIVE SESSIONS. Motion to go into executive session at 7:34 p.m. on Item E 2 by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. 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)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson. No action required. Council returned to the dais at 8:05 p.m. FUTURE AGENDA ITEMS. Mr. Davidson noted that the August 19, 2014 Council Meeting is slated to be cancelled because of the League of Cities and Towns event. There is a study session next Tuesday, August 12, regular meetings in September and a study session in September. August 5, 2014 S Meeting Minutes 4 Marana Regular Council Meeting 09/02/2014 Page 52 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn at 8: 06 p. m. by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 5, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk August 5, 2014 S Meeting Minutes 5 Marana Regular Council Meeting 09/02/2014 Page 53 8 pW N o t s 1 7 9 MARANA 7 4 S►ZON/ STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chamber, August 12, 2014, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. All Council Members were present except Vice Mayor Post who was excused. There was a quorum present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to the approve the agenda by Council Member Kai, second by Council Member McGorray. Passed unanimously 6 -0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION DI: Relating to Parks and Recreation; overview, update and discussion regarding Marana's Tortolita Mountains Trail System. Presented by Tom Ellis who began by stating that the construction phase is coming to an end. The trail system plan has broad community support, funding and consistent execution over the ten years of existence with the intent to attract businesses and opportunities for its residents. There is over 37 miles of trail built up to the Ritz Carlton. It also provides access to Pima County's Tortolita Mountain Park. A kiosk along the trail provides users to sign in and give their comments. Most countries and states have been represented in this way. The Ritz Carlton has proved to be an incredible partner by employing guides during the fall and winter months. August 12, 2014 Study Session Minutes 1 Marana Regular Council Meeting 09/02/2014 Page 54 Miraval and Canyon Ranch guests also take advantage of the trails. The town also partners with Oro Valley's Parks & Recreation department on special events. In 2012, the system was certified as an Arizona State Trail through the efforts of Jen Ward and other staff. This year the Wild Burro was given the designation as an official National Recreation Trail. These bring great recognition to the trail system. Arizona Highways magazine also featured our trails this year. Now that the construction phase is over, maintenance begins. Over 12 miles of trails have been constructed in the north part of the system. The 2015 budget included resources for maintenance of the system, but this will be an ongoing expense. He thanked Council and all outdoor enthusiasts for their support. D2: Relating to Tourism; update and discussion regarding the creation of the Town's tourism department. Presented by Curt Woody, who alluded to the previous presentation noting that the trails will be a good promotion for the tourism department. Curt's department was renamed the Department of Economic Development and Tourism to better represent both economic development and tourism. Initially, the town has set up the department and a destination marketing organization to help the Ritz Carlton with lead generation previously provided by the Tucson Metropolitan Convention and Visitors Bureau. MDI was selected to do a four -month lead generation campaign using a specific metric to follow the leads. They came up with 1008 meeting planners for the initial leads. The issue with lead generation is that it takes one to three years to see the results of the first campaign. The next phase was finding the consultant to identify assets and partners and hire consultants to tell us what this is going to look like. Davidson and Belluso was hired for this phase. Nine elements of success were identified. First was a meeting with town staff and stakeholders to identify our asset inventory of special events and analyzing other destination marketing organizations. Funding and expenditures were identified for the first year. Next was developing a list of potential partners and stakeholders for a tourism advisory board to find the best way to market the town. Further, performing a comprehensive SWOT analysis and analysis of other DMO's websites. Last was to develop a marketing plan to maximize our return on investment which should be completed within the next two weeks. The position of Tourism manager has been posted, and we are starting to interview candidates. Council Member Ziegler would like to see a "report card" from Mr. Woody on the companies that have been brought to Marana. She would like this on a quarterly or bi- annual basis to let Council know what has been done to put Marana on the map with economic development. D3: Relating to Utilities; presentation and discussion on current wastewater program operations. Presented by John Kmiec. Mr. Kmiec noted that the town inherited 1894 customers in 2012, but the customer accounts are at 2249 through the first six months of 2014. Issued sewer cards continued to increase. A sewer card is an intent to serve which demonstrates that there is sewer capacity. From an operational standpoint, we are on target with cash revenue coming in and moving forward with a positive balance. Treatment capacity is critical — currently, we have 500K gallon capacity per day. There was a dip in 2013, but our measuring device at the structure was starting to leak and needed repairs which accounted for the dip. After that more flows increased. Now we average August 12, 2014 Study Session Minutes 2 Marana Regular Council Meeting 09/02/2014 Page 55 around 300K gallons per day. Within the next few months, staff will begin looking at a design for expansion of the plant. Plant improvements include solids removal on the front end. To remove those solids, a bar screen was put in which is more efficient than the screw system that we inherited. We have a biolac system using a biological nutrient removal process accomplished through wave oxidation, which he explained. He continued to describe the curtain wall installation which was a fabric that moved. By putting in a solid curtain wall, it created more effective sludge thickening and clearer, clarified water. The current curtain walls are stainless steel, fabricated locally by Shaw Fabrication in Marana. Next he discussed future capital projects such as thickening the sludge even more so we have fewer hauls to Casa Grande. Another project is the Tangerine /Downtown Sewer Interceptor Line which should be moving forward for completion in the spring of 2016. We are finalizing negotiations with the design contractor. One of the construction mechanisms we're looking at is that once the design is complete, we might bid the project for construction in two parts. One part would be from Saguaro Bloom to Tangerine /I -10, and the other part, once it's established, from the Tangerine /I- 10 area to downtown Marana. That would save us some time by having two active construction contracts going simultaneously to save even more time. Mr. Kmiec responded to a question from Council Member Ziegler about whether the $300K was in the budget for the sludge thickening. He indicated that it was. In the next few months, we want to start the design and construction of the treatment plant expansion. We are at about 60 -65% capacity right now and will continue to monitor that. The goal is to add IM gallon capacity to the 500K we already have for a gallons 1.5MG total capacity. Design and construction estimate are between $10M and $11M. The last status report is on the groundwater recharge facility. We've identified the 49 acres east of the plant where we want to start our first aquifer groundwater recharge project. The ultimate goal for being in the wastewater business is to make sure that our water resource portfolio has that permanent supply coming into it. So this is the process we're moving along with. The design and construction is estimated at $1.3M and we are hoping to be done by the middle of 2016. If the town is interested, there is the potential to add a public amenity to the facility. Council Member Bowen commented on the sludge and asked about the cost of sludge haul and marketability for sludge. Mr. Kmiec responded that it's $170K annually. There isn't that much sludge generated from a small facility. But once we get to 1.5MG per day capacity, we could look at whether there's a market. Council Member Ziegler asked about the water reclamation operations manager and how that position will affect the Utilities department. Mr. Kmiec explained the role of the division water manager. Although formally retired, Harvey Gill will be staying on for a few hours a week to help out. D4: Relating to Police Department; discussion, consideration, and authorization to initiate a public outreach plan to educate the community regarding the need for a new police facility and the funding options to pay for the project. Presented by Gilbert Davidson. Through previous Council discussions, a number of critical needs have been brought forward to improve upon our various police facilities. He then presented a community outreach plan to educate citizens about this issue and to then bring back a recommendation and action items for Council consideration. August 12, 2014 Study Session Minutes 3 Marana Regular Council Meeting 09/02/2014 Page 56 The outreach plan has three main components — the outreach element which would lead into a Council public hearing process and ultimately concluding with Council taking action. The outreach component would use a standard PowerPoint that could be modified for different groups. Part of that would be opening our facilities and providing tours to physically see what we're talking about. This would take the next several months. If Council wants to proceed tonight, we would begin to talk to the community August through November and come back to Council in November /December for public hearings. He presented a list of a variety of groups to reach out to include the Marana Chamber of Commerce and its many sub - groups. We would provide information to the public via newspapers, websites and face -to -face meetings. Two groups in particular to reach out to would be the Marana Citizens' Forum and the VIPS so that they are fully immersed and educated about the issue to be able to educate others. We can add other groups to this list. After reaching out and engaging with the community, dates for public hearings would be scheduled. At the second meeting, if the Council feels that they have been able to adequately inform the community about the issue, Council could take action to (1) approve an increase to the town's sales tax which would take about three months to implement through the Department of Revenue; (2) refer the action to a future ballot for citizen consideration; (3) deny the measure entirely; or (4) redirect staff. Two options that were considered but not presented were to impose a property tax, which the Council has indicated they have no interest in pursuing, and an impact fee. However, challenge is that we can't bond against an impact fee. We would still need money up front. It would take up to two years to fully implement. During the public hearings, if Council doesn't appear to have negativity toward the concept, the Council could vote to approve an excise sales tax increase. If there was concern that the public is not in favor of this, the Council could refer this to a future ballot and let the voters decide or the Council deny the measure entirely. The tentative date for action could be as early as December 2, 2014. One of the Mayor's concerns is talking to the retail business community which is a big part of the town's operating budget. We could get citizens on board, but if we don't get businesses on board, we still have an issue. I would like to work hard on the Chamber part of the plan. Mr. Davidson concurred that a significant effort must be made to reach all business groups. There are ways to work with different elements of the retail community so that it wouldn't drive business away from the town. Council Member Bowen asked for clarification on the way the public outreach will be handled and about the various options for funding. Mr. Davidson then reviewed the PowerPoint to be used in the community, which includes photos, data on sales tax use by other cities and towns, and financial impact data. In response to a question by Council Member Ziegler, Mr. Davidson confirmed that if a sales tax increase was approved, it would be linked to an end date and not continue in perpetuity. The Council and Mr. Davidson and Mr. Montague continued a general discussion regarding funding, capacity on debt service and the key drivers to have this project completed. August 12, 2014 Study Session Minutes 4 Marana Regular Council Meeting 09/02/2014 Page 57 Mr. Davidson asked for further direction from Council on going out to the community with this plan. Mayor Honea commented on the number of entities that may be proposing tax increases including the County's $500 -$700M bond package in 2015, around 2017 the RTA may be looking at a ten -year extension of $1 B, in November MUSD will be asking for $125M and also in November the County will be asking for $25M for animal control that will affect sales tax. That information should be part of the public outreach plan. Council Member Bowen concurred, and noted that he is in favor of getting public feedback on the police facility, but that citizens should be aware of the global aspect and not just our project, especially since the other entities are out of our control. Mr. Davidson agreed that staff would include a global view of what our community is facing and the impact of other regional increases. Council Member Ziegler also noted that the 17% property tax increase ( 61 cents on every $100 assessed) which we'll see in September should also be included in the global view. Council Member Bowen said he would like to maintain the confidence the citizens have placed in the Council with respect to spending, and he charged both Mr. Davidson and Mr. Montague with keeping them at "ground level" so that the town maintains its fiscal health. He thinks this project would be a great thing for our community and would hope to get the citizens behind it. EXECUTIVE SESSION Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1: 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 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn by Council Member McGorray, second by Council Member Ziegler at 7:24 p.m. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 12, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk August 12, 2014 Study Session Minutes 5 Marana Regular Council Meeting 09/02/2014 Page 58 1 115 5 5 Nv, CI SIC CENTER DRI VE ` NI TA. ARIZ ONA 8 5 6 5 3 Item L1 To: Mayor and Council Submitted For: Jocelyn Bronson, Town Clerk From: Suzanne Sutherland, Assistant Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Tereasa Renee Wright on behalf of The Humane Society of Southern Arizona for Hogs V Hounds Beer Tasting to be held on Saturday, September 20, 2014 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of The Humane Society of Southern Arizona for Hogs V Hounds Beer Tasting to be held on Saturday, September 20, 2014 at Harley Davidson of Tucson located at 7355 N. 1 -10 Eastbound Frontage Road, Tucson, Arizona 85743. The applicant has also applied for a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. 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 ten (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 twenty -five percent (25 %) of the gross revenues of the special events. 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 Marana Regular Council Meeting 09/02/2014 Page 59 license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Tereasa Renee' Wright on behalf of The Humane Society of Southern Arizona for Hogs 'n' Hounds Beer Tasting located at the Harley Davidson of Tucson 73 S S N. I -10 Eastbound Frontage Road. OPTION 2: I move to disapprove the special event liquor license application submitted by Tereasa Renee' Wright on behalf of The Humane Society of Southern Arizona for Hogs 'n' Hounds Beer Tasting located at the Harley Davidson of Tucson 73 5 S N, I -10 Eastbound Frontage Road. Attachments: Humane Society of So. AZ Local Governing Body Recommendation Description of License Type Marana Regular Council Meeting 09/02/2014 Page 60 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTRI3 ORIGINAL 800 W Washin 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 400 W Con #521 Tucson AZ 85701-1352 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per da for 1 -10 da events onl A service fee of $25.00 will be char g edfor all dishonored checks A.R.S. (§ 44-6852 NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved b local g overnment before submission to DLLC USE ONLY Department of Li Licenses and Control. (Section #20) LICENSE # 1. Name of Organization: The Humane Societ of Southern Arizona 2. Non-Profit./I.R.S. Tax Exempt Number: 86-0112798 3. The or is a: (check one box onl El Charitable 0 Fraternal ( must have re membership and in existence for over 5 y ears) ❑ Civic [] Political Part Ballot Measure, or Campai Committee [] Reli 4. What is the purpose of this event? Fund Raiser for the Humane Societ of Southern Arizona 5. Location of the event Harle Davidson of Tucson 7355 N 1-10 Eastbound Fronta Road Tucson Pima 85743 Address of ph location (Not P.O. Box) cit Count Zip APP lica must be a member of the qualifyin-pLorganization and authorized b y an Officer .-Director or Chairperson of the Organization named in Question #1. Si nature re in section 6. Applicant: Wri Tereasa Renee' 12108/1962 Last First Middle Date of Birth 7. Applicant's Mailin Address: 3450 N Kelvin Blvd Tucson Az 85716 Street cit State Zip 8. Phone Numbers: 520 751.3389 120 3211.3704 x188 � } Site Owner # Applicant's Business # Applicant's Home # 9. Date (s) & Hours of Event: ( Remember: y ou cannot sel alcohol, before 10:00 a. m. on S unda y) Date Da of Week Hours. from A.M./P.M. To A.M./P.M. Da 1: 09/20/2014 Saturda 1 6prn Da 2: Da 3: Da 4: Da 5: Da 6: Da 7: Da 8: Da 9: Da 10: Lie 0 106 05 2006 *Disabled individuals re special accommodations, please call ( 602 ) 542-9027 Marana Re Council Meetin 09/02/2014 Pa 61 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 yes) 11. This organization has been issued a special event license for 2 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 El 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 S ALES . .... . .. ... .... ...... . .... .. -,- .- ....... . -..- -. -- . _ .- - .- ... - - ......- _- - -..- -...- .. -.. - ..-- . -. -.- Name The Humane Society of Southern Arizona 100% Percentage Address 3450 N Kelvin Blvd Tucson, Az 85716 Name Percentage Addre (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 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 type of fencing or control barriers if applicable) # Police ® Fencing # Security personnel ❑ Barriers The event will take place inside the Harley Davidson showroom, no alcohol will be allowed outside the showroom. People will pay to enter the enter the event at the check -in table on the porch of the entrance to the showroom. They will be given a wristband if they are 21 years old along with 4 drink tickets which will allow them to have (4) 4 ounce beer tastings. We expect about 300 people. 16. Is there an existing liquor license at the location where the special event is being held? 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? (ATTACH COPY OF AGREEMENT) Name of Business [:1 YES Q NO 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. Marana Regular Council Meeting 09/02/2014 Page 62 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. N- Marana Regular Council Meeting 09/02/2014 Page 63 e 0 U" 0 [E7 a low V A iv Paae 6 lima LW 0 P E N op* • 4M4 MONO CIO low V A iv Paae 6 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I Maureen O'Neil declare that 1 am an officer /Director /Chairperson appointing the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. /'� r,, � l r7n LJt.� R� ♦ CEO ! 52�] 32� �37Q4 (Signature (Title /Position) (Date) (Phone #) Luz Marcela Bonet Noble NOTARY PUBLIC w AR IZO ata e of - - -- _r ► 7 - - - - -- County o PIMA COUNTY The foregoing instrument was acknowledged before me this My Commission Expires March-_-28,---2G1-5 . ..- .- .- ....- ... .- ... .- ....... ......... ...... . -..... . -............. -. . -, -. ................. ...- ..- ....- ... - -. -. -..- .................................... . . ...... .... . .. ... Day Month Ye 1we-Ite " )3 My Comm expires on. I (Date) gnature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN UESTION #6 19 Tereasa Renee' Wright declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. 1 have read the application and the contents and all statements are true, and complete. r State of County of ?C �- The foregoing instrument was acknowledged before me this 0 1 N ,� ► ` "; ARIZONA Day Month Year M mission ex W es ' W , .,j A 7 0 V ew 4 u.xs::. �x•;:n.�, ,,;<; 61 Si nature of NOTARY PUBLIC You must obtain local overnment app roval. , City or Count MUST" recommend event and complete item #20. The local governing body may require additional applications to be cam feted and submitted 60 da s in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application (Government Official) (Title) on behalf of (City, Town or County) (Signature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) APPROVED DISAPPROVED BY: Marana Regular Council Meeting 09/02/2014 Page 65 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION Marana CITY OW OF Pima COUNTY OF USE1 407 -001 STATE APPLICATION # ARIZONA. CITY OW COUNTY # At a Regular meeting of the Marana Town Council (Regular or Special) (Governing Body) Marana 2nd September of held on the day of (Day) (Month) (Year) application of Tereasa Renee" Wright USE1407 -001 the premises described in Application # considered as provided by Title 4, A.R.S. as amended. for a license to sell spirituous liquors at 15 License Class Series was IT IS THEREFORE ORDERED that the APPLICATION of Tereasa Renee' Wright is hereby recommended for (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 D1NN OUNTYCLERK DATED AT This Iic 1007 05/2409 (Day) day of (Month) (Year) Disabled individuals requiring special accommodations please call the Department of the Cit own ounty 2014 the Marana Regular Council Meeting 09/02/2014 Page 66 SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm 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. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (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 twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 09/02/2014 Page 67 1 115 5 5 Nv , CI - q C CENTER DRI VE ` AI TA. ARIZ ONA 8 5 6 5 3 Item L2 To: Mayor and Council From: Jocelyn Bronson, Town Clerk Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding a location transfer Series 09 liquor store liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Neighborhood Market #3142, located at 3 900 W. Ina Road, Tucson, AZ 85741 (Jocelyn C. Bronson) Discussion: This application is for a Series 09 liquor store location transfer submitted on behalf of Wal -Mart Neighborhood Market #3142, located at 3900 W. Ina Road, Tucson, AZ 85741. 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. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has 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. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and 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. Marana Regular Council Meeting 09/02/2014 Page 68 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, or makes no recommendation, 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 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. 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 and submit to the DLLC an order recommending approval of a location transfer Series 09 liquor store liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Neighborhood Market #3142, located at 3900 W. Ina Road, Tucson, AZ 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a location transfer Series 09 liquor store liquor license application submitted by Clare Hollie Abel on behalf of Wal -Mart Neighborhood Market #3142, located at 3900 W. Ina Road, Tucson, AZ 85741. Attachments: Wal -Mart Liquor License Application Affidavit of Posting Local Governing Board Recommendation Wal -mart Liquor License Marana Regular Council Meeting 09/02/2014 Page 69 Arizona De#pa_`rtment of Li �J6.n'ses and Control h ���i 800 W67s-t-,-Washin Ar F ECEIVED r n .8500 (Phc).6ni�' '.""rub jw W%m z tLqV rt�� g , JUL 2 3 2014 X0 2- 5 42 , $14% 4 Town of Marana T109f , F'OR.� I LICENSE, Clerk's Office 3CA" A L L 01k Ok - . I I . _ T I ot, 4 PE, i Y. JY ; INT"W11 H. BLACK INK & . 7� E -' ' - y - 1.," 4 ,:j Notice: Effective Nov. 1, M-anaq t 1 '1 -11 d"In the day to day operations oi��,' 1997'All'r' ners,'" cents. Partners.',sto'c"kholders.. Offi elv, nv I q ers a the business must attend a Dep6rtrhe"fit"d approved li tr COUrse.'or-prd Idd p�.00f of att6ndance""Withli W p n the last five y ears. See pa 5 the Li Licensin re WN2' LI SECTION 1 This appllication,ls�.fdt-a: 0 --SECTI T of ownership: El MORE THAN ONE LICENSE 'ry '00 -PERMIT-Compl6te Se"Iff 5__ N_ El INTERIM c, ion J T. V,�. R-'-.O. S C6M_p late Se_cfi6h_ 6- El N EW LICENSE Complete Sectionk2,3,4. 13,, 14 --11715 I t INDIVIDUAL Complete Section 6 �Ath�', t I cT,-. . �,' V , A ER PERSON TRANSFER ( Bars & Li ONLY 67 E] PARTN Complete Section 6 ''ORPORATI ON Complete Section 7 -C Complete Sections 3, gi fly N LOCATION TRANSFER ( Bars anid'Li or.. St ONLY 4 El CO. Complete Section 7 V 'C6 t late Section 8 ;zo", Z 5 C L U 8 -,-,n! Complete Sections 2, 3, IN 14'' - .41 -1 G OVE "' ARNMENT Complete Section 10 El PROBATE/WILL ASSIGNMENT/DIVORCE,, DECREM'A RUST Complete Section 6 ff ee,-�"ho re� Complete Sections 3,j 4,t 9,0 13,f 16 E I El GOVERNMENT Complete Sections 2, 3y 4, 10, 13,r: j x ; F-1 OTHER ( Explain ) L I SECTION 3 T of license and fees LICENSE # 09100017 1. T of License Series 9 (li store) Department Use Onl 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44-6852 will be char for all dishonored ch ecl SECTION 4 Applicant [I A bel 1 Owner/A Name: a Ms. (Insert one name ONLY to appear on license 2. Corp./Partnership/L.L.C.: Wal -Mart Stores, Inc. (Exactl as it appears on Articles of Inc. or Articles of Or 3. Business Name: Wal-Mart Nei Market #� .311472— (Exactl as it appears on the exterior of premises 4. Principal Street Location 3900 West Ina Road T PIMA 85741 ► ( Do not use PO Box Number) bit Count Zip 5. Business Phone: 520-329-6156 Da Phone: 602-234-9920 E mai l: c h a be I @ bcatto rne m 6. Is the business located within the incorporated limits of the above citv or town? j' !'y E S RNO 7. Mailin Address: Wal-Mart Stores, Inc.,, Dept 8916; 702 SW 8th Street,, B ea I I e,, A ID 72716-0500 Cit State 8. Price paid for license onl bar, beer and wine, or li store: T Series 9 $ 115,&0 T $ Fees: DO-00 Application Last First Middle DEPARTMENT USE ONLY Interim Permit Site Inspection Fin Prints TOTAL OF ALL FEES "h "' Is Arizona Statement of Citizenship Alien Status For State Benefits complete? r"YES Hy © N0 Accepted b Date: Lic. # � t I Q � o �� 1/7/2013 *Disabled individuals re special accommodation, please call (602 542-9027. Clare Hollie Marana Re Council Meetin 09/02/2014 Pa 70 SECTION 5 interim P 1 A. 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4- 233.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? ❑ YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. 4_1� u 1 I declare that I am the CURRENT " OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) _, MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. ++ __.. ._....._...... _......._. .............._......4 1 .. i.. - ................ ... ........ . . . . . ... . ... .................. _..................... _. - -.. _ _ - - _. ............. ..........................State of �- - County of ... . (Signature) The foregoing instrument was acknowledged before me this My commission expires on: pay day of Month , Year (Signature of NOTARY PUBLIC) SECTION 6 mono Individual or Partnerships owners: N /A. EACH PERSON LISTED MUST SUBMIT A COMPLETED [QUESTIONNAIRE (FORM LIC0101 ), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Individual: Last First Middle % owned Mailing Ad dress City State Zip ....... . ... Partnership Name: (Only the first partner listed will appear on license) General- Limited Last First Middle % owned Mailing Address Ci State Zi ❑ ❑ ❑ ❑ ❑ ❑ } Y R A S S E C E N F I T 2. Is any person, other than the above, going to share in the profits /fosses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. Last First Middle Mailing Address Cit , state, Zip Tele hone# Marana Regular Council Meeting 09/02/2014 2 Page 71 SECTION 7 Corporation /Limited L Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. KI CORPORATION Complete questions 1, 2 3, 5, 8, 7, and 8. ❑ L. L. C. Complete 1, Z 4, 5, 6, 7, and 8. 1. Name of CorporationlL.L.C.: Wal Stores, Inc. (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 8/27/1 3. AZ Corporation Commission File No.: F- 9439158 -6 State where Incorporated /Organized: Delaware Date authorized to do business in AZ: 8 / 27 1 987 4. AZ L. L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. Non - profit? ❑ YES 19 NO: 5. List all directors, officers and members in Corporation/ L.C.: Last First Middle Titles RAnilinn Arleirace r"14.. 4:4..,:.. '7:,.....9. 7. List stockholders who are controlling persons or who own 10% or more: Last First Middle % owned Mailing Address City State Zip See attached stock affidavit. 1 n '7"r' n rti r r n rh r-ti r ti-r n ► r w r r� . . e�+r�+ww . rW ■ . km I I Mun tAUU1 I IVIN/A ON= t ir - nfCVC��AKY) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: N /A. EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LICI3101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non - profit? ❑ YES ❑ NO 3. List officer and directors: Last First AT 551 ^ Mnilinn Arid (ATTACH ADDITIONAL SHEET IF NECESSARY) g§ 25$$RY} __ Page 72 Wal -Mart stores tnc. NAME AND TITLE 'RESIDENCE ADDRESS SSN & DOB Michael Terry Duke 16 Pinnacle Drive 253 -84 -7021 C.E.0 Rogers, AR 72758 ....12/07/1949 _ - - -- - - - - - -- - - . . .. .. ... . . . . .. .. .. . ..... ... ....................... .- Phyllis M. Harris 7 oxford Drive 250 -19 -5551 Sr. V.P. &Chief Compliance Rogers, AR 72758 10/ 08/1950 � officer r '~' • Jeffrey Allan Davis � Blvd. 84 Champions 210-58-5932 Treasurer Rog AR 72758 g 1963 01/05/' ,... James Renfrovir 132 South Napier Avenue 431 -63 -0732 .. Asst. Secretary Fayetteville, AR 72701 11/24/1973 Andrea Marie Lazenby 808 Irelan Street 442 - 90-8373 Asst. Secretary Lowell, AR 72745 11/03/1982 The above directors own less than 1% of Wal -Mart Stores, Inc., a publicly traded corporation. Marana Regular Council Meeting 09/02/2014 Page 73 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store L N/A. 1 . Current Licensee's Name: (Exactly as it appears on license) 2. Assignee's Name: Last First Middle Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. , SECTION 10 Government: (fo cities, towns, or counties only) N/A. . � 1 � 1. Governmental Entity. - 2. Person/designee: � Last First Middle . .... ......Contact_ - Phone.. Number . . . . .. ...... ....... ........... A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. �wrwrwe .�.� ..w.w.r . wrw.� ...r.■nr r�.w.w ...r..K w�.wrw� rrw�� .....� wrr�wrN M err■ ......■ .....� ......M wiwuwrrw wrrNrrr �.■N. ■■■rrrrw r.i.�� iwMi L;� ....rY +f SECTION 11 Person to Person Transfer: See attached S ec tion 11 Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY Series 00,07, and 09). t P dt b tterro, Peter 1 . Current Licensee's Name. Bu Entity: 4�0 - (Exactly as it appears on license) Last First Middle (Ind v., Agent, etc.) 2. Corporation/L.L.C. oration /L. L. C. Name: Ted's Cau Store �- S N � (Exactly as it appears on license) 3. Current Business Name: Se d tterb lemHr�Ir tor�c ( SC4I, (Exactly as it appears on license) 4. Physical Street Location of Business: Street . .7 4, City, State, Zip Lk6_.: L C S "7 5. License Type: License Number: 0' 6. If more than one license to be transfered: License Type: License Number: 7. Current Mailing ddress: Street 1 -0 � �� . 4 a J a 6 g 02 � (Other than business) _ City, State, Zip Lei" . --- r 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 9. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete Section 5 of this application, attach fee, and current license to this application. =cam a4 -10.C�� o. I, �o t o 5 �c L � hereb authorize the department to process this application to transfer th } Y N N �N e (p(nt full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. I S declare that I am the CURRENT OWNER AGENT MEMBER, M M ER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and complete. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) Marana Regular Council Meeting 09/02/2014 Page 74 BILL OF SALE FOR , valuable consideration, receipt of which is hereby acknowledged, STEPHEN HOLSIN GEE; , individually, hereby grants, bargains, sells and transfers title and interest in and to an Arizona Series 9 License #09 00017 (the "License ") to the Transferee,' AFL- MART STORES, INC., a Delaware Corporation., the receipt and sufficiency of which are hereby acknowledged and confessed, free of all liens, claims and encumbrances, to have and to hold forever, p ................ . • DATED this � day of — 1Z 2014. R ,Q n SELLER.: r!L•i ti+Y. ■ Ley: iffephen oisinger STATE OF ARIZONA } ss. COUNTY OF PIMA } SUBSCRIBED AND SWORN to before me, this day of A A l i 201 by Stephen Holsi.ngear, My Commission Expires: 1, "ToqV= MUMM I APRIL S. MCMANDN w �.. y Notary Public - Adwrna Pima County • My Comm. Expires Afar 21, 2016 Marana Regular Council Meeting 09/02/2014 Page 76 ASSIGNMENT AND BILL OF +ATF THIS ASSIGNMENT" and Bill of Sale between Peter C. Butterbrodt and Shelia Lynn Butterbrodt (JTwROS) as "Sellers" and Stephen Holsinger, as "Buyer' supersedes and replaces that certain Assignment and Bill of Sale dated March 1 0, 2 01 1 ( "OriginaI BOS ") f�roin Peter C. Butterbrodt as "Sellers" to Stephen Holsinger as "Buyer" (See Exhibit "A" attached heretot'. Assignment and Bi of Sale ). This Assi gnment and Bill of Sale relates bacic to the original Purchase Contract mentioned below. ( Liquor License No. 09/00017 Sellers reaffirm the warranties and representations, subject to the limitations thereto, in the Purchase Contract with respect to the above assets. This Assignment and Bill of Sale is made subject to all terms and conditions ofthe Purchase Contract and with the incident of ownership set forth in the first line of this Assignment and Bill of Sale. This Bill of Sale shall be effective for all purposes as of March 11, 2011, lNWITNESS WHEREOF, Sellers have executed this Assignment and Bill of Sale on the �. day ofApril, 20 14. STATE OF ARIZONA, PI M A COUNTY ss. �'2 The foregoing i nstrurn ent was acknowledged before me: this Day ofAp ril, ?01 4 by :Peter C. Butterbrodt and Shelia Lynn Butterbrodt. 19 Notary Public state at Arixana Pima County Kevin A Kramber M CO Sinn Expfr% 00612017 Marana Regular Council Meeting 09/02/2014 Page 77 r� w . V, M.-........... .............. ........ ............... ........ ....... .................... • -- -............... .......... ............................... ........-- ......... ..... ......_- :...................... .. -. WITN S� . r ..-- ..- ._..- ....... -.. ... ''WHEREAS, Sellers and Buyers entered into that certain Purchase Contract dated March 1, ?011, pursuant to which the Sellers agreed to sell to Buyer and Buyer agreed to purchase from Sellers. Liquor License No. 09100017. �N Pursuant to the terms and conditions of th a Purchase Contract, Sellers and each of their for •-�3 the valuable consideration to it paid by Buyer, the receipt, adequacy and sufficiency of which are hereby acknowledged, do hereby sell, assign and transfer unto Buyer, its successors and assigns, the following described assets and property of the Sellers: ( Liquor License No. 09/00017 Sellers reaffirm the warranties and representations, subject to the limitations thereto, in the Purchase Contract with respect to the above assets. This Assignment and Bill of Sale is made subject to all terms and conditions ofthe Purchase Contract and with the incident of ownership set forth in the first line of this Assignment and Bill of Sale. This Bill of Sale shall be effective for all purposes as of March 11, 2011, lNWITNESS WHEREOF, Sellers have executed this Assignment and Bill of Sale on the �. day ofApril, 20 14. STATE OF ARIZONA, PI M A COUNTY ss. �'2 The foregoing i nstrurn ent was acknowledged before me: this Day ofAp ril, ?01 4 by :Peter C. Butterbrodt and Shelia Lynn Butterbrodt. 19 Notary Public state at Arixana Pima County Kevin A Kramber M CO Sinn Expfr% 00612017 Marana Regular Council Meeting 09/02/2014 Page 77 r� Wal - Mart Stores, Inc, is publicly traded on the New York Stock Exchange with 11 billion shares of stock authorized and approximately 3,627,580,981 shares issued and outstanding as of January 1, 2013. No individual directly owns more than one percent (1 %) of the issued and � outstanding stock. ........... . .... .. ....... . ............ . .... ..... I., ..................... ....... .._.......___..' ........ . ...... .._.._1_.._11111.1 ...................... . ............ ............... .. . . . . ... . .. ....................................... ... .. ...... ........ ............................ ....... ............. .. .. ...... . -------- ------------ ------ ----- ------ --------- ....... .... ............... ............ . ........... ............. '_..-'..'.-'.-..11.111_1 . ...... ............. Andrea Lazenby, Vs On e STATE OF ARKANSAS ) County of Benton ) ) ss. CO Sworn to and subscribed before me this � � day f S � 20 b y �� � y as Assistant Secretary N ra�r is My commission expires: JENNIFER MURO BENTON COUNTY NOTARY PUBLIC — ARKAN SAS My Commission Expires Nov. 14, 2022 Commission No. 12390879 Marana Regular Council Meeting 09/02/2014 Page 78 SECTION 12 Location to Location Transfer: (Bar and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 . Current Business: N ame Ted's Country Store (Exactly as it appears on license) 2. New Business: (Physical Street Location) Address 2760 North Tucson, Blvd., Tucson, AZ 85741 Name Wal -Mart Neighborhood Market #3142 Address 3900 West Ina Road, Tucson, AZ 85741 3. License Type: Series 9 (ligr store) License Number: 09100017 4. if more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? NIA What date do you plan to open? Currently open. SECTION 13 Questions for all instate applicants exc luding thos for aorrernment, hot llm-ptei, an restaurant licenses (series 5, 11, and 12): A.R.S. § 4 -207 (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel/motel license (§ 4- 205.01) c) Government license (§ 4- 205.03) d) Fenced playing area of a golf course (§ 4 -207 (13)(5)) M 1 j h 1. Distance to nearest school 11451 ft. 2. Distance to nearest church. 2,481.6 ft. 3. i am the: Cl Lessee a Sublessee Name of school Sentinel Peak High School r m I ,I Address 4125 West Regency Plaza Street; Tucson, AZ 85741 i " y 1 City, State, Zip Name of church Beautiful Savior Lutheran Church Address 7570 North Thornydale Road, Tucson, AZ 85741 •f• City, State, Zip iY � Owner El Purchaser (of premises) 4y: 4. If the premises is leased give lessors: Name N/A Address 4a. Monthly rental /lease rate $ City, State, Zip What is the remaining length of the lease yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness for this license /location excluding the lease? $ _0_ Please list lenders you ogre money to. N/A. Last First Middle Amount owed Mailing Address City State Zip N/A (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for (be specific)? Discount retail grocery store with some hard goods. Marana Regular Council Meeting 09/02/2014 5 Page 79 SECTION 13 - continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES 50 NO if yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES NO 9. Is the premises currently licensed with a liquor license? ER YES ❑ No If yes, give license number and licensee's name: License # 10103654 (exactly as it appears on license) Name Clare Hollie Abel agent; Wal-Mart Stores, Inc. +. I,-; ww " ' �.wly SECTIoN 14 Restaurant or hotel /motel license applicants: #" F ... r4A 1. Is there an existing restaurant or hotel /motel liquor license at the proposed location? ❑ YES ❑ No � If yes, give the name of licensee, Agent or a company name: M, and license #: tz; .............-_ ....................... ....... ............ .... ........ .. _.. - ..- .... - -.. -. - Last First Middles , -- 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; conceit A.R.S. § 4-203.01; and complete SECTION 5 of this application. 3. All restaurant and hotel /motel applicants must complete a Restaurant operation Plan (Form LIC0114) provided by the (X) Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4- 205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises. By applying for this ❑ hotel /motel p restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel /Motel Records Required for Audit (form LIC 1013) with this application. applicant's signature As stated in A.R.S § 4-205.02 (13), 1 understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. with the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. if you are not ready for your inspection 90 days after fling your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.go . v and click on the "Information" tab. �'.C. CHA applicants initials SECTION 15 Di agram of Premises: (Blu not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: Entrances /Exits 91 Liquor storage areas Patio: ❑ Contiguous ❑ Service windows ❑ Drive -in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? If yes, what is your estimated opening date? December 1, 2013 month /day /year 3. Restaurants and hotel /motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4 I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. Marana Regular Council Meeting 09/02/2014 ❑ YES ❑ No r� n C applicants iabs V.. 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed dispensed, possessed or stared. It (must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up ±. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. 37, square feet. Di agram attached. 04 ;,,..n. 44. w k a� •. r � A SECTION 16 signature dock i, Clare Hollie Abel , hereby declare that l am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1, l have read this application and verify all statements to be true, correct andr complete. i X (signature of applicant listed in section 4, Question 1 ) sT +r� WA WIA am way, mom . My Ali; 8M $*14 My commission expires on: Day Month Year tate of ��^ County of The foregoing instrument was acknowledged before me this !k of J i,/JA1 2,C1+ ay Mo th Year signature of NOTARY PUBLIC Marana Regular Council Meeting 09/02/2014 7 Page 81 IN ■�1 ECM � � K� � A • r : �[ � Yr ' i pp p tm �. � � d d do �* ��� � � � �� ?� � . _ �: WW NMI p w nil. f ;: q p m ;; 1 M4 Ks �rf. trr �; ;�7fOf�JE�C7�7R� ©��. P3 E310 I ��� � � � �� •"� •'� ,�,�, , w w � rr •+ r�i w w �rr w w w cy, �, ww•��rrww W � � nM � i� fw wS -mico Irv% m Z *41 � {I, � ■ BA p 090 .9 -ONE" p;NP! " ; :fU A- 81 ;hl P� 1 t 1 Marana Re Council Meetin 09/02/2014 ij 141� C) 1. S " f *j r4 q; A t s. ('\j C\j k Pa 82 Print Form Applicant Name: Last First Middle 3900 West Ina Read Tucson (Marana) 85741 Business Address: Street License #: 11 1 0110111111 City Zip 1 hereby certify that 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. t Print Name of City /County Official Title Telephone # h 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 1C0 3 ] 9 4/2009 Marana Regular Council Meeting 09/02/2014 Page 83 Print Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION Marana 09100017 CITY OW OF STATE APPLICATION # Pima COUNTY OF , ARIZONA. CITY/TOWN/""COUNTY # LL2014 -06 ORDER # At a Regular meeting of the Marana Town Council (Regular or Special) (Governing Body) of the City/Town/ ounty Marana 2nd September 2014 o f held o n the day of the (Day) (Month) (Year) Clare Hollie Abel application of for a license to sell spirituous liquors at 09100017 9 the premises described in Application # , License Class Series was considered as provided by Title 4, A.R.S. as amended. Clare Hollie Abel IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (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. Marana, Arizona DATED AT This 2nd day of September (Day) (Month) (Yea 0 CITYTOWN COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department I is 1007 05/2009 Marana Regular Council Meeting 09/02/2014 2014 Page 84 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of 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 ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. 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 6 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 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county 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 (no other 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 ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. 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. {00018233.DOC / 21 Marana Regular Council Meeting 09/02/2014 Page 85 1 115 5 5 NN'. CI SIC CENTER DRI VE ` NIARAN . ARIZ ONA 8 5 6 5 3 Item U To: Mayor and Council Submitted For: Jocelyn Bronson, Town Clerk From: Suzanne Sutherland, Assistant Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 3 In -state Microbrewery liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company LLC located at 6918 N. Camino Martin, Suite #120, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: The application is for a new series In -state Microbrewery liquor license application submitted by Brian Euaine Vance on behalf of Catalina Brewing Company LLC located at 6918 N. Camino Martin, Suite #120, Tucson, AZ 85741. This non - transferable liquor license allows for on off -sale retail privileges for a licensed in -state microbrewery which produces more than five thousand (5,000) gallons, and less than one million two hundred forty thousand (1,240,000) gallons, of beer during the 12 -month reporting period. With this license, the in -state microbrewery may sell beer produced or manufactured on the premises for consumption on or off the premises (no other spirituous liquors), may make sales and deliveries of beer to persons licensed to sell beer, may serve beer produced or manufactured on the premises for the purpose of sampling. Internet sale of liquor is not permitted in the state of Arizona. Liquor must be delivered to an Arizona liquor- licensed wholesaler, then an Arizona liquor- licensed retailer prior to delivery to the consumer. The licensee must report annual production gallonage to the Arizona Department of Liquor annually. 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 Marana Regular Council Meeting 09/02/2014 Page 86 Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff 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 conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and 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, or makes no recommendation, 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 requires a hearing. If the Council enters an order recommending disapproval of the application, 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. Financial Impact: N/A 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 and submit to the DLLC an order recommending approval of a new Series 3 In -state Microbrewery liquor license application submitted by Brian Euaine Vance on behalf of the Catalina Brewing Company, located at 6918 N. Camino Martin, Suite # 120, Tucson, AZ 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new Series 3 In -state microbrewery liquor license application submitted by Brian Euaine Vance on Marana Regular Council Meeting 09/02/2014 Page 87 behalf of the Catalina Brewing Company, located at 6918 N. Camino Martin, Suite # 120, Tucson, AZ 85741. Attachments: Redacted Application Affidavit of Posting LGB Recommendation Description of Liquor License Marana Regular Council Meeting 09/02/2014 Page 88 �o� 4 Arizona De artment of Li Licenses and (0-W61 " P P eflov I 800 West Washin 5th Floor Phoenix, Arizona 85007 www.azli 602-542-5141 APPLICATION FOR L IQUOR LICENSE— TYPE OR PRINT WITH BLACK INK RECE IVEDZ-4-6 I (' 1�-- V!;av JUL 30 2014" NO Town of Marana Clerk's Office .. -11 Notice: Effective Nov. I t 1997 All Owners. A Partners ,s kh old ers. Officers or Mann ers activet invo i n the d a to d a overation s of" - the business must attend a Department approved li law trainin course or provide proof of attendance within the last five y ears. See pa i the Li Licensin re T SECTION I This application is for a: SECTION 2 - T of ownership: 0 MORE THAN ONE LICENSE 0 INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 LJ NEW LICENSE Complete Sections. X, .4,"'0' El INDIVIDUAL Complete Section 6 � `�"� 0 PERSON TRANSFER ( Bars & Li Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,, 3.y 41 11,, 13, 15.1 16 0 CORPORATION Complete Section 7 El LOCATION TRANSFER ( Bars and Li Stores ONLY ` KLIMITED LIABILITY CO. Complete Section Complete Sections 2, 3, 4, 12, 13.1 15; 16 0 CLUB Complete Section 8 0 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE El GOVERNMENT Complete Section 10 Complete Sections 2,, 3, 4, 9 13 16 (fee not re 0 TRUST Complete Section 6 El GOVERNMENT Complete Sections 2,3,4,10,13,15,16 0 OTHER ( Explain) SECTION 3 T of license and fees LICENSE #(s): 1. T of License(s): 03 Departme t U ($100 fi lin fee + $22 card x2 - $144) 2. Total fees attached: $ 74- APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fee gat g allowed under I A .R.% 44-6852 will char fo r a dishonored ch-e-ckg- SECTION 4 Applicant El Mr. Vance Brian Euaine 1. Owner/A Name: E] Ms. ( insert one name ONLY to appear on license) Last First Middle . Catalina Brewin Compan LLC 2. Corp./Partnership/L.L.C.. ( Exactl y as it appears on Articles of Inc. or Articles of Or . Business Name: Catalina Brewin Compan 3 ( Exactl y as it appears on the exterior of premises) 6918 N Camino Martin Ste #120 ,,) Pima 85741 4. Principal Street Location 0 %Folp ICL-... ( Do not use PO Box Number) cit Count Zip 5. Business Phone. 520-275-2857 Da Phone: 520-275-2857 Email: brian@catalinabrewin 6. Is the business located within the incorporated limits of the above cit or town? OYES EINO -.,. 7. Mailin Address- 6918 N. Camino Martin Ste #120 Tucso"On,,AZ 85741 � Cit State Zip 8. Price paid for license onl bar, beer and wine, or li store: T T Fees: fB0• DEPARTMENT USE ONLY Application Interim Permit Site Inspection Fin Prints $ OTAL OF ALL FEES Is Arizona Statement of Citizenship & Alien Status For State Benefits complete AYES 0 NO . *el Accepted b Date 2L # 1/7/2013 *Disabled individuals re s vial accommodation, please call (602) 642-9027. Marana Re Council Meetin 09/02/2014 Pa 89 f a ' ECT1 4 5 interim Permit: 1. If you intend to operate business when your application is pending you will need an InteFim Pe nij pu.r a� A'I 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? Ll YES 1l NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I , declare that I am the CURRENT OWNER., AGENT, CLUB MEMBER, PARTNER, } .,,d. (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. ' y= ... . . . . .. .... .. .... ... ........ ... ........ ............. ...... .. . . . .. ... .. .. State of County of 3 ( Signature ) The foregoing instrument was acknowledged before m'this e day Of My commission xp on- Day Month Year '�.. (Signature of NOTARY PUBLIC) woo ■o�w■� ■wr �wNe N flrrr■■r1 �■�■� �■� wrrrrrrrr� �■rNnnr� �■rrrM ■rr �r�mre rrrrn rrr�r�arrw rwr�t �I rY ;w•H+ SECT N 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Individual: Q Partnership Name: (Only the first partner listed will appear on license) General -- Limited Last First Middle % Owned Mailin Address C' State i 0 11 ) Y R A S S E C E N F I T 2. Is any person, other than the above, going to share in the profitsAosses of the business? El YES C1 NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. Last First Middle Mailing Address Ci State, zip Tele hone# Marana Regular Council Meeting 09/02/2014 2 Page 90 SECTION 7 Corporation /Limited Liability Co.: ftWWW EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORD LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. ❑I CORPORATION C o mp lete ques tions 1 2 3 S 6 7 and 8. L.L.C. Complete �; X �P A, 7 and 8.e 1 1. Name of Corporation /L. L.C.: Catalina Brewing Company LLC (Exactly as it appears on Articles of Incorporation or Articles of organization) 2. Date Incorporated /Organized: 08/07/2012 State where Incorporated /Organized: Arizona 3. AZ Corporation commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C. File No: L17806802 5. is Corp./L.L.C. Non-profit? ❑ YES ENO 6. List all directors, officers and members in Corporation /L. L. C.: .................................................................................................................................................................................................................................... ............................... Last First Middle Title no trg mnLa, Date authorized to do business in AZ: ....................... ............................... Nfailinq Address City state Zip Vance, Brian Euaine 50 15721 N. Port Star Trl, Tucson AZ 85739 Rowe, Henry Conley 50 4620 E Torchiana Pass, Tucson AZ 85739 +.. r lo (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10% or more: Lsst First Middle. 0 /n Owned Mailina Address k.� Citv State Zin z....:k. Vance, Brian Euaine 50 ti• 15721 N. Port Star Trl, Tucson AZ 85739 Rowe, Henry Conley Y Y 50 4620 E. Torchiana Pass, Tucson AZ 85739 ,...... +.. r lo F..M . • a to I IAUH AL)u1 I IVNHL Z:ihtt I it 1%4tL;tZJZJAKY) 8. If the corporation /L. L. C. is owned by another entity, attach a percentage of ownership chart, and a directorlofficerlmembpr disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SE ON 8 Club Applicants: EAC[ LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LtC010 AN "APPL #CANT" TYPE FINGERPRINT CARD AND PROCESSING FEN, ), EN , FOR EACH CARD. � 1. Name of club: Date Chartered (Exactly as it appears on Club charter or Bylaws) (Attach a copy of club Charter or Bylaw) 2. Is club non-profit? ❑ YES ❑ No 3. List officer and directors: Last First Middle I tie Mailin Address City State Zi M rr rT bffiPN90Ai LMfrgT §Wq§WARY Page 91 S TI O 9 p ro b ate, Will Assignment or D ivorce Decree of an existing B or Li quor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Midle. � 2. Assignee's Name: Last First Middle 3. License Type: - License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTS 10 Government: (fo cities, towns, or counties only) 1. Government E ntity: 2. Person /designee: Middle . Contact Phone Number r te• ............... Last First...... ............................... ... .... .......... .......................................... ..... ........................ ... ........ ..... .: A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERV 4j MWENNO 11 rl�l�lw 111 1 1�IMg11 I■ # #I r 1 f I1MNlr a 11111111M �� 1t SECT 11 P to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle 2. Corporation/L.L. Name: (ln Agent etc (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Physical Street Location of Business: Street Ci state, Zip a 5. License Type: License Number: � Tli 8. If more than one license to be transfered: License Type: License Number: 7. Current Mailing Address: Street (Other than business) City, State, Zip 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 9. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete Section 5 of this application, attach fee, and Current license to this application. 10. I, , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will oven the property rights of the l icense by the date of issue. I, , declare that I am the CURRENT OWNER, AGENT, MEMBER., PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section I I and confirm that all statements are true, correct, and complete. (signature of CURRENT LICENSEE) State of County of The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: {Signature of NOTARY PUBLIC} Marana Regular Council Meeting 09/02/2014 4 Page 92 SECTS 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) A PPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE r •i ri iY t ' ti • ;3 i s.s Vii= s Y 1. Current Business: (Exactly as it appears on license) 2. New Business: (Physical Street Location) 3. License Type: Name Address Name ITS Address ice. License Number:µ' i 4. If more than one license to be transferred: License Type: License Number: . What date do.. yow.. .plan.. to move? vat data do you pjan to open ?. W ECT oN Questions for all inRstat applicants a clud`n those applying fo oW rnmen hate otel and restau n lice s (series v, 11, and 12 ): A.R.S. § 4 -207 (A) and (13) state that no retailer's license shall be issued for any premises which are at the time the license application is received by M , the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building wit�c ', kindergarten programs or grades one (1) through (12) or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such schGQ1 building. The above paragraph DOES NOT apply to: 1 - a} Restaurant license ( 4-205.02) c} Government license (§ 4- 205.03) rµ;; b} Hotel /motel license (§ 4-205.01) d) Fenced playing area of a golf course (§ 4-207 (13)(5)} .Q �My 1. Distance to nearest school: 21500 ft. Name of school Sentinel Peak High School Address 4125 W. Aerier Dr, Tucson AZ 85741 ' C ity, State, Zip 2. Distance to nearest church: 5,D00 ft. Name of church Church of Jesus Ch rist LDS Address 3659 w Horizon Hills Dr, Tucson AZ 85741 City, State, Zip 3. I am the: 771 Lessee C7 Sublessee [l Owner ❑ Purchaser (of premises) 4. If the premises is leased give lessors: Name Ca mino Martin Partners LLC Address 3311 N. Camino Suerte, Tucson AZ 85750 City, State, Zip 4a. Monthly rentalAease rate $ 950 to 2,152 Wh is the remaining length of the lease 5 yrs.1mos. 4b. what is the penalty if the lease is not fulfilled? $ 9,300 or other Restore unusable improvements + c o r ms 0) l b °i69) (give details - attach additional sheet if necessary) 5. Mat is the total business indebtedness for this license/location excluding the lease? $ ,_ $14,,623 Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address City State Zi Norris, Paul R 14,623 PD 1092, Kalama WA 98625 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. what type of business will this license be used for (be specific)? Micr Brewery with tasting room and distribu w /in AZ r Marana Regular Council Meeting 09/02/2014 J Page 93 SECTION 13 -_ con 7. Has a license or a transfer license for the premises an this application been denied b the state within the pa p Q ). tiy ear? 1 R i l l Ij 171 YES El NO If y es, attach explan ation. 8. Does an spirituous li manufacturer, wholesaler, or emplo have an interest in y our business? 0 YES F.�' NM 9. Is the premises currentl licensed with a li license? El YES D,- NO If y es, g ive license number and licensee's name: License # ( exactl y as it appears on license Name `'' SECTION 14 Restaurant or hotel/motel license applicants: 00�1, 1. Is there an existin restaurant or hotel/motel li license at the proposed location? El YES NO If y es, g ive the name of licensee, A or a compan name: Last -, / tA- and license - - First Middle #: 2. If the answer to Question I is YES, y ou ma q ualif y for an Interim Permit to operate while r application is pendin consult A.R.S. § 4-203.01; and complete SECTION 5 of this application. 3. All restaurant and hotel/motel applicants must complete a Restaurant Operati Ian ( Form LIC01 14 provided b the Department of Li Licenses and Control. 4.A stated in A.R.S. § 4-205.02.G.2, a restaurant is an establish t which derives at least 40 percent of its g ross revenue from the sale of food. Gross revenue is the revenue derive om all sales of food and spirituous li on the licensed premises. B appl for this El h6tel/motel 0 rest nt license, I certif that I understand that I must maintain a minimum of 40 percent food sales based on then finitions and have included the Restaurant Hotel/Motel Records Re for Audit ( form LIC 10 13 with this iica ion. IV 1013 this applicant's si u 9d i As stated in A.R.S 4-205.0 1 understand it is m resp Control to schedule an onsibilit to contact the Department of Li Licenses and j . ec ion when all tables and chairs are on site, kitchen e and, if applicable, patio barriers P*9!0, exception of the patio barriers, these items are not re to be properl are in place on the I used p remises. With the installed for thi 0 spection. Failure to schedule an inspection will dela issuance of the license. If y ou are not read for y our inspection da after filin y our application, please re an extension in writin specif wh the extension is necessar and t ew inspection date y ou are re To schedule y our site inspection azli and click on the "I rmation" tab. applicants initials SECTION 15 Dia of Premises: ( Blueprints not accepted, dia must be on this form 1. Check ALL boxes that appl to y our business: Entrances/Exits 9- Li stora areas Patio: 1:1 Conti J El Service windows- 0 Drive-in windows Non Contiguous 2. Is y our licensed premises currentl closed due to construction, renovation, or redesign? LJ YES 1:1 NO If y es, what is y our estimated openin date? Au 15,2014 month/da 3. Restaurants and hotel /motel applicants are re to draw a detailed floor plan of the kitchen and dinin areas includin the locations of all kitchen e and dinin furniture. Dia paper is provided on pa 7. 4. The dia (a detailed floor plan) y ou provide is re to disclose onl the area(s) where spiritous li is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the s foota or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parkin lots, livin q uarters, etc. As stated in A.R.S. § 4-207.01(B), I understand it is m responsibilit to notif the Department of Li Licenses and Control when there are chan to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the s foota after submitting this initial drawin applicants initials Marana Re Council Meetin 09/02/2014 6 Pa 94 w.f�� R R V/ R R {� t i.Je a . ; R IE R i Q ■ 6 s R S 1 tF 4.v 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi -top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game rooms. Do not include parking lots, lining quarters, etc. When completing diagram, North is up 1 If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. IT w �- }-- ,� �� �. ,-, � • c�.,,� -j roc r� r� ��' + : . rly� rr Z Z Lit 1 .•W• l r r r, ir.r P SECTION 1 6 Signature Block hereb declare that l am the OWNER/AGENT filing th�� (print full name of applicant) ��•- ap as stated in Section 4 Question 1. 1 have read this app lication and verif statementsI pp � Pp � all o be true, correct and complete.' (signature of applicant listed in Section 4, Question 1) } � y3xlL Mir � I� Y. ■ State of County of ASHLEY CLUFF 4D "ry PUWC- sw at ft" The foregoing inst was acknowledged before me this F MA COUNTY 2-9 of 1, MY OMM E*W 00L 29,2017 Day th Year My commission expires on . �- Ct 2- Day Month Year � nature of NOTIly PUBLIC Marana Regular Council Meeting 09/02/2014 7 Page 95 CBC la — Phase 1 — lbbi brews stems (1-' rid l — 4L20 L- v % L,=p L -.11 4 -f L'i'L 'I""' ��J Miturcil Gas. 120V f0a i I I Pwr 20A Water bib 9* J ,a. -L-A. 120V 15A ( inside ) 230V ?A (out back) 1,*f . 120V 200 C) 120V 1 S 120V 20A 120V 15A 120V 155. 50 -01 (p4- 11Y15 w Marana Re Council Meetin 09/02/2014 Pa 96 Print Form A.I� DAVIT �]F POSTI NG ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL i 14 Y Date of Posting: Tte bf Posting Removal: Vance Brian Applicant Name: August 19 2014 , Euaine Middle Last First 6918 N. Camino Martin, Suite #120 Business Address: Street 03103020 License #: City Zip I hereby certifythat pursuant to A.R.S. § 4 -201, l 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. zs ' C W.M.- .-IN �..- e ;� ........ Print Name ofCity /County Official Title Telephone # .. _ , _ c ( t4 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 0119 4/2049 Tucson (Marana) 85741 Marana Regular Council Meeting 09/02/2014 Page 97 Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION CITY ODOF STATE APPLICATION # COUNTY OF , ARIZONA. CITY OW N NTY # ORDER # At a _ meeting of the _ of the City/ ow County (Regular or Special) (Governing Body) of held on the day of _____ the (Day) (Month) (Year) application of for a license to sell spirituous liquors at the premises described in Application # , License Class Series was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of --------------------------------------------- is hereby recommended for (a pprova 1/d isa pprova 1) 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. CITYJOW NtCOU NTY CLERK DATED AT This I is 1007 05/2009 day of (Month) (Year) * Disabled individuals requiring special accommodations please call the Department Marana Regular Council Meeting 09/02/2014 Page 98 License Privilege Breakdown for In -state Microbrewery (Series 3) Updated June 20, 2013 . 10 : =a gKFA IBS _._ Producer Privileges Wholesale Privileges Retail Privileges Services/ Sampling Privileges Title 4 Shall produce more May sell beer May sell beer May serve beer ARS §4- 205.08 than five thousand produced on produced on produced on (5,000) gallons of beer premises to premises for premises for per calendar year Arizona - licensed consumption on sampling. following the first year wholesalers, and the site of the of operation and shall to Arizona- microbrewery or not exceed one million licensed retailers for carry -out. two hundred forty with the same thousand (1,240,000) ownership as the May hold other gallons of beer microbrewery. liquor licenses production in a and sell liquor not calendar year. May sell beer produced on the produced on property. premises to Additional Arizona - licensed license may be retailers in an on or adjacent amount not to to microbrewery. exceed ninety - three (93,000) gallons per year. May sell beer produced on premises to licensees in another state if lawful under the laws of that state. The amount shall not to exceed ninety -three (93,000) gallons per year. Marana Regular Council Meeting 09/02/2014 Page 99 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of 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 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other 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 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. 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 all types of 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 provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of 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 may result in revocation of the license. {00018233.DOC / 21 Marana Regular Council Meeting 09/02/2014 Page 100 1 115 5 5 N_, CI - q C CENTER DRI VE ` NIARANA. ARIZ ONA 8 5 6 5 3 Item D1 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: September 2, 2014 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2014.022 Relating to Administration; amending Marana Town Code Title 3 (Administration); adding new Chapter 3 -5 entitled "Claims and Settlement "; and designating an effective date (Jane Fairall) Discussion: The proposed ordinance will authorize the Town Manager, in consultation with the Town Attorney, to settle claims by and against the Town under the amount of $15,000. In most cases, when a claim is filed against the Town, it is forwarded to the Town's insurance carrier through the Arizona Municipal Risk Retention Pool (AMRRP). Under the Town's coverage agreement with AMRRP, the Pool is permitted to settle claims on the Town's behalf without further action by the Town. However, for some simple claims of small amounts, it is more efficient for the Town to handle and settle the claims in- house. The ordinance will expressly authorize the Town Manager to do so, for those claims under the $15,000 amount. In addition, the ordinance would allow the Town Manager to accept payment for settlement of claims by the Town against another party. In context, this scenario usually occurs when Town property is damaged by someone (most frequently due to vehicle accidents), but the amount of damage is less than the Town's insurance deductible. In these cases it is up to the Town to seek recovery and to accept payment of claims. Again, the ordinance will allow the Town Manager to settle such claims, as long as they are below $15,000. The ordinance also includes provisions authorizing the Town Attorney to process claims against the Town as appropriate and to file any necessary claims or take other necessary legal actions to seek reimbursement for damages. Per Section 3 -2 -7 of the Town Code, the Town Attorney already has general authority to prosecute and defend suits involving the Town, but this proposed ordinance will provide more specific authority and limitations. Marana Regular Council Meeting 09/02/2014 Page 101 Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2014.022, amending Marana Town Code Title 3 (Administration). Attachments: Ord No. 2014.022 Amending Town Code Title 3 Administration Marana Regular Council Meeting 09/02/2014 Page 102 MARANA ORDINANCE NO. 2014.022 RELATING TO ADMINISTRATION; AMENDING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); ADDING NEW CHAPTER 3 -5 ENTITLED "CLAIMS AND SETTLEMENT"; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Manager is authorized by Marana Town Code Section 3- 2- 1(G)(1) to execute, on behalf of the Town Council, general administrative supervision and control of the affairs of the town; and WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to control the finances of the town; and WHEREAS the Town Council finds that the revisions to the Marana Town Code set forth in this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 3 of the Marana Town Code is hereby revised by adding Chapter 3 -5 as follows: CHAPTER 3 -5. CLAIMS AND SETTLEMENT 3 -5 -1 Claims administration A. The town attorney shall establish procedures to process, evaluate, investigate and report claims filed against the town. B. The town attorney is authorized to file such claims, counter - claims, or third party claims, and to take such other legal action, as may be necessary to seek subrogation and reimbursement or to collect for damages sustained by the town. 3 -5 -2 Settlement authority A. Whenever any contemplated settlement of a claim by or against the town is for the sum of not more than $15,000, after due consideration and in the best interest of the residents of the town, the town manager, in consultation with the town attorney, is authorized to settle the claim. B. No settlement of more than $15,000 shall be entered into except with the approval of the council or in accordance with the provisions of the town's coverage agreement with its insurance provider. Ordinance No. 2014.022 - 1 - Marana Regular Council Meeting 09/02/2014 Page 103 SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2 nd day of September, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Ordinance No. 2014.022 -2- Marana Regular Council Meeting 09/02/2014 Page 104