Loading...
HomeMy WebLinkAbout05/05/2015 Council Agenda PacketM RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 5, 2015, 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 May 5, 2015, 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 05/05/2015 Page 1 of 100 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 05/05/2015 Page 2 of 100 Proclamation: May 17 -23, 2015 as National Public Works Week MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1 Relating to Police Department; presentation of medals to four citizens recognizing their performance of lifesaving actions in the town on April 3, 2015. 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. C 1 Resolution No. 2015 -039 Relating to Development; approving a final plat for Del Webb at Dove Mountain III, Lots 129 and 168 -234, Blocks "I" and "2" and Common Areas "A" (Open Space/Drainage), "B" (Recreation Area), "C" (Open Space /Sewer) and "D" (Open Space/Drainage) located south of Dove Mountain Boulevard and west of Del Webb Trail (Steven Cheslak) C 2 Resolution No. 2015 -040: Relating to Development; Approving a release of subdivision assurances for Casa Sevilla and accepting public improvements for maintenance (Keith Brann) C 3 Resolution No. 2015 -041: 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 grant funding for the purchase of patrol car automated external defibrillators (AED) (Lisa Shafer) C 4 Approval of April 7, 2015 Regular Council Meeting Minutes, approval of April 14, 2015 Study Session Minutes, and approval of April 21, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a New series #10 Beer and Wine liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Marana Regular Council Meeting 05/05/2015 Page 3 of 100 L 2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a New Series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 85642 (Jocelyn C. Bronson) L 3 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 Theresa June Morse on behalf of Bianchis Italian located at 3620 W. Tangerine Road, Marana, Arizona 85742 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES B 1 Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Spring 2015 Marana Citizens' Forum regarding the topic "Marana- Tucson Zip Code Issue." (Jocelyn C. Bronson) COUNCIL ACTION A 1 Resolution No. 2015 -042: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance (Keith Brann) A 2 Resolution No. 2015 -043: Relating to Economic Development; approving the Lead Generation/Destination Marketing Program and authorizing the Town Manager to administer it (Curt Woody) 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 the 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. 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. Marana Regular Council Meeting 05/05/2015 Page 4 of 100 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 05/05/2015 Page 5 of 100 - r C? RANA -p 11555 W. CIVIC CENTER D I - T. KARANA. ARIZ ONA 8 5 6 5 3 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: May 5, 2015 Subject: Proclamation: May 17 -23, 2015 as National Public Works Week Attachments: Public Works Week 2015 Item 1. Marana Regular Council Meeting 05/05/2015 Page 6 of 100 46 PROCLAMATION Public Works Week 20115 WHEREAS public works services provided in our communit are an inte part of the lives of our citizens and enhance the dail q ualit y of their lives and WHEREAS state and local g overnments are responsible for, and must desi build, operate and maintain the transportation, water suppl public buildin and other structures and facilities essential to servin our citizens; and WHEREAS the support of understandin and informed citizens is vital to the efficient operation of public works s and pro such as water, sewers, streets and hi and public buildin and WHEREAS the health, safet and comfort of this communit g reatl y depends on these facilities and services; and WHEREAS the efficienc of the q ualified and dedicated personnel who staff public works departments is materiall influenced b people's attitudes and understandin of the 'importance of the work the perform. NOW THEREFORE., the Ma and Council of the Town of Marana do reco and celebrate the contributions of the Marana Public Works team and proclaim Ma 17-23,2015 National Public Works Week in the Town of Marana and call upon all citizens and civic or to ac themselves with the issues involved in supportin public works-and to reco the contributions that public works professionals make to provide the infrastructure re to sustain the comfort, health and well-bein of our communit Dated this 5th da of Ma 2015. ATTEST: cel C onson, Town Clerk Marana Re Council Meetin 05/05/2015 Ma Ed Honea - r C? RANA -P 11555 W. CIXgC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Terry Rozema, Police Chief From: Jennifer Mangialardi, Executive Assistant Date: May 5, 2015 Strategic Plan Focus Area: Community Item P 1 Subject: Relating to Police Department; presentation of medals to four citizens recognizing their performance of lifesaving actions in the town on April 3, 2015. Discussion: Presentation only Staff Recommendation: NA Suggested Motion: NA Attachments: No file (s) attached. Marana Regular Council Meeting 05/05/2015 Page 8 of 100 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item C 1 To: Mayor and Council From: Steven Cheslak, Planner II Date: May 5, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -039 Relating to Development; approving a final plat for Del Webb at Dove Mountain III, Lots 129 and 168 -234, Blocks "1" and "2" and Common Areas "A" (Open Space /Drainage), "B" (Recreation Area), "C" (Open Space /Sewer) and "D" (Open Space /Drainage) located south of Dove Mountain Boulevard and west of Del Webb Trail (Steven Cheslak) Discussion: History. The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. A Final Plat for Saguaro Forest was approved by the Town Council on November 6, 2007 by Resolution 2007 -186. The subdivision was then resubdivided creating the Los Saguaros Final Plat which was approved by the Town Council on June 5, 2012 by Resolution 2012 -34. In 2013, a Final Plat for the first phase of Del Webb At Dove Mountain, which incorporated a portion of the Los Saguaros subdivision, was approved by the Town Council on July 2, 2013 by Resolution 2013 -066. In 2014, a Final Plat for the second phase of Del Webb At Dove Mountain was approved by the Town Council on April 15, 2014 by Resolution 2014-035. Request Baker and Associates is requesting approval of the resubdivision of Block "I" and Lots 124 -129 of Del Webb at Dove Mountain II Final Plat in order to create the Del Webb at Dove Mountain III Final Plat. The new, 26 acre plat consists of 68 lots, Blocks 1 and 2 and Common Areas "A ", "B", "C" and "D ". Blocks 1 and 2 will be resubdivided in to residential lots in future phases. Common Area "B" provides 6.2 acres for a community clubhouse and recreational amenities including a large pool complex. This is the third final plat for the Del Webb at Dove Mountain active adult community. Additional phases are planned for the future as Pulte Homes plans on building up to 650 homes on Marana Regular Council Meeting 05/05/2015 Page 9 of 100 approximately 200 acres. Vocation The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located five miles north of Tangerine Road on the south side of Dove Mountain Boulevard. Zoning The zoning is "F" - Dove Mountain Specific Plan with a land use designation of "LDR" - Low Density Residential. The LDR designation minimum lot size required is 6,000 square feet with a cluster option that allows 4,000 square foot lots. The minimum lot provided in the plat is 5,980 square feet and the maximum lot size is 9,142 square feet with an average lot size of 7,444 square feet. Transportation Access to the site will be off of Dove Mountain Boulevard. All internal streets will be dedicated as public rights -of -way with this plat. Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2015 -039, approving a final plat for Del Webb at Dove Mountain III, Lots 129 and 168 -234, Blocks "1" and "2" and Common Areas "A ", "B", "C" and "D ". Attachments: Resolution 2015 -039 Del Webb at Dove Mtn III FP Location Map Application Marana Regular Council Meeting 05/05/2015 Page 10 of 100 MARANA RESOLUTION NO. 2015-039 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR DEL WEBB AT DOVE MOUNTAIN III, LOTS 129 AND 168 -234, BLOCKS "1" AND 44 2 " AND COMMON AREAS "A" (OPEN SPACE /DRAINAGE), "B" (RECREATION AREA), "C" (OPEN SPACE /SEWER) AND "D" (OPEN SPACE /DRAINAGE) LOCATED SOUTH OF DOVE MOUNTAIN BOULEVARD AND WEST OF DEL WEBB TRAIL WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, by the adoption of Ordinance No. 2002.13; and WHEREAS the Saguaro Forest at Dove Mountain Final Plat was approved by the Town Council on November 6, 2007 by the adoption of Resolution No. 2007 -186; and WHEREAS the Los Saguaros at Dove Mountain Final Plat was approved by the Town Council on June 5, 2012, as Resolution 2012 -34 and WHEREAS the Del Webb at Dove Mountain Final Plat was approved by the Town Council on July 2, 2013, by the adoption of Resolution No. 2013 -066; and WHEREAS the Del Webb at Dove Mountain Final Plat II was approved by the Town Council on April 15, 2014, by the adoption of Resolution No. 2014 -035; and WHEREAS Baker & Associates Engineering, Inc., representing the property owners, has applied for approval of a final plat for the resubdivision of Block "1" and Lots 124 -129 of Del Webb at Dove Mountain II and a portion of Section 22, Township 11 South and Range 12 East, for Del Webb at Dove Mountain III, consisting of 26 acres, including Lots 129 and 168 -234, Blocks "1" and "2" and Common Areas "A" (Open Space /Drainage), "B" (Recreation Area), "C" (Open Space /Sewer) and "D" (Open Space /Drainage) on 26 acres, and generally located south of Dove Mountain Boulevard and west of Del Webb Trail, within Section 22, Township 11 South, Range 12 East; and WHEREAS the Town Council determined at its May 5, 2015 meeting that the final plat for Del Webb at Dove Mountain III, Lots 129 and 168 -234, Blocks "1" and "2" and Common Areas "A ", "B", "C" and "D ", should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the final plat for Del Webb at Dove Mountain III, Lots 129 and 168 -234, Blocks "1" and "2" and Common Areas "A" (Open Space /Drainage), "B" (Recreation Area), "C" (Open Space /Sewer) and "D" (Open Space /Drainage), is hereby approved. {00041648.DOC /} Marana Resolution No. 2015 -039 - 1 - 4/22/2015 5:04 PM SC /FC Marana Regular Council Meeting 05/05/2015 Page 11 of 100 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5 th day of May, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00041648.DOC /} Marana Resolution No. 2015 -039 -2- 4/22/2015 5:04 PM SC /FC Marana Regular Council Meeting 05/05/2015 Page 12 of 100 DR MAINTAINED WITHIN THE SIGHT — VISIBILITY TRIANGLES SHALL BE VISIBILITY PLANE DESCRIBED BY AN AREA MEASURED BETWEEN 'E THE FINISHED GRADE OF THE ADJACENT ROADWAY SURFACE. HALL CERTIFY IN WRITING THAT ALL IMPROVEMENTS, WHETHER PUBLIC CED, INSTALLED, ETC., IN SUBSTANTIAL CONFORMANCE WITH THE CERTIFICATIONS MUST BE SUBMITTED TO THE TOWN OF MARANA ION AND THE RELEASE OF ASSURANCES. LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT TO FLOODING ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE MENT AS APPROVED BY THE FLOOD PLAIN ADMINISTRATOR. 4E WEST LINE OF THE NORTHWEST QUARTER OF SECTION 22, 00 SEE DETAIL, SHEET J5. T EASEMENTS SHALL BE IN ACCORDANCE WITH THE LANDSCAPE AND )F THE ENGINEERING DESIGN STANDARDS 2012, SUBSECTION 7.7. PE, IRRIGATION AND WALLS, ETC., WITHIN THE PUBLIC RIGHTS—OF—WAY EMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. IPROVEMENT PLANS FOR THIS PHASE DUE TO EXISTING DRAINAGE 7 0 LOT 222 AS PART OF THE IMPROVEMENTS. A FLOODPLAIN USE LOT 222 PRIOR TO THE DEVELOPMENT OF THE AREA UPSTREAM FORY FLOW. ED AS HAVING AN ASSURED WATER SUPPLY. I0L114 ICK EXISTING R/W — DEL WEBB TRAIL WILLIAM H. BAKER, JR. BAKER & ASSOCIATES ENGINEERING, INC. REGISTERED LAND SURVEYOR NO. 16 784 STATE OF ARIZONA I HEREBY CERTIFY THAT THE FLOODPRONE LIMITS AND EROSION HAZARD SET6 UNDER MY SUPERVISION. MARTIN V. MAGELLI, P.E. BAKER & ASSOCIATES ENGINEERING, INC. REGISTERED ENGINEER NO. 36655 STATE OF ARIZONA EXPIRES: 3/31/2017 o � e ss i ona / F i cA rF 36655 cn V EJ °V. In �9 T F SIGNED P ,o � IVA i `Lp RFS 9 30 TOWN OF MARANA APPROVALS BY. ----------------------- - - - - -- MARANA TOWN /DEVELOPMENT ENGINEER P.E. DATE BY. ----------------------------- MARANA PLANNING DIRECTOR DATE I, ______________________________, CLERK OF THE TOWN OF MARAI PLAT WAS APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ------------ - - - - -- 20 _. BY. ----------------------------- C�oQo ao CLERK OF THE TOWN OF MARANA PIMA COUNTY APPROVAL DATE s DIRECTION DISTANCE L91 N57 °05'28 "E J L92 S57 °05'28 "W 15.00' 14.92' S50 °29'31 "E s (POR OF pa RC01 2T8-3e0-22 060 PHA ZIE 8v a% vlEs Two% 9 I o I o Co \ 6'� F S6� S Sao � s6 BLOCK 1 ( FUTURE DEVELOPMENT cp �G � F 17.28 � S4 7 °22'4 7 "E 80 6 SF C38 N SHEET #3 )ISTANCE '5.63' '.48' NUMBER DIRECTION DISTANCE L91 N57 °05'28 "E 8.00' L92 S57 °05'28 "W 15.00' NUMBER DIRECTION DISTANCE L 121 S00 °05'36 "E 21.00' L 122 N89 °5424 "E 2.00' \ S57 °05'28 "W 2 136.05' I LOT 171 �_ 7323 SF 0 ti )Fi�X. ESMT. c am'_ G c�S LOT 176 8380 SF ��0 0 � cS o� � s LOT 175 9407 SF `moo � cS J 2 lool 6 ��, LOT 177 �- s 9380 SF LOT 178 l0000l 2 � 8062 SF �o LOT 180 85 74 SF > >s 81 L22 SF s , �$ LOT 179 8504 SF L19 1.00 ,, 1� C.A. "D" (OPEN SPACE /DRAINAGE) 29040 SF 0 5� • L36 \ U-) LA LOT 129 C70 7966 SF d0 7 f13 f1 \ � °\ o, � � / / 33.17' / / � \ [LOT C938 "W o p D p� �o�° lay T30 LOT 207 \"�- ��- / � /l / R= 1050.00' s � 6767 S L= 268.04' \ � G MATCHLINE SEE SHEE L 15 00007 LOT 205 � 0 5981 SF 9, \ 0 0 / tK `ti 0 l � � � N43 o ) 34 )) E / 23. 1 tK 10 T c932 LOT 204 0 / Cj 6325 SF c 48 li \ / L23 . F .° ,� ss, �o\s LOT 203 / p / 5325 SF �° p• s , �o s \ \ � s / oo 0 0 a Q Q 0 / LOT 208 O / 8039 SF \ �c`` q 'p \ �cp° \ � O 00/ �G2 F �o P / . / / o LOT 209 8040 SF END E.S.L. 40 \ t�K ��' � X0 ��° '� �. ��' • �o . BEGIN E.S.L. \ / � s / \ 1 LOT 210 8040 SF .� \ 0 5� p1 Qom° � C DEV. F. P. L. - LIMIT �• / p LOT 211 8040 SF s � G 1 � LOT 198 � �' v � ��✓ ivt vv v i 7097 SF k& p� � LOT 212 I � Qj `LO LOT 197 t/o� o un 8679 SF / -9 '9 N+ G �� rl - sSl �� ' LOT 196 8679 SF I le � o / ►� LOT 213 8184 SF ••� �. J co C LOT 214 T FIAIL , - u 8743 SF AN Ge / o ms's, • TREET) DEV. F. P. L. / o, . �� C 5 LOT 215 IB / , 8743 SF 4 4 0 09 . LOT 216 ' ` •.�•'� 8743 SF sr .......... X51 o � ..• 52 cp- O N `0�'� /•• » » .� �, p . , COMMON AREA A cn LOT 217 P- o �$ p ' '� OPEN SPACE DRAINAGE N 8743 SF 159 076 SF r ". 3 v N N ' 70 DEV. F. P. L. / 3' 03 BEGIN E. S. L. / S L 70 g0• i , 0 3' W 10 E. S. L. lw 25' � o � � Q Location Map r � IT V ���•���.�� .,`����� �,������ ��� �♦� % ri � Case Number: PRV1410-002 Title: Del Webb at Dove Mountain III Re Approval of a final plat for the resubdivision of Block "1" and Lots 124-129 of Del Webb at Dove Mountain 11 final plat and a portion of Section 22, Township 11 South and Ran 12 East. Marana Re Council Meetin 05/05/2015 Pa 18 of 100 No MARANA =/ I\ PLANNING do ENGINEERING ArPLICA 1, the undersM ned certify that 1111 , Orthc facts scl forth in this application are true to the best of my knowc a Ana ma ' AID -11 414' g at i h be 'n '1' b the ourn to i'iie tl�IS apPl�cati r) anti ei�ccklist Ott' nfli ni��ner a owner o rthe property or � 10 -27-1 4 A 0 7 :08 R C V D rceard, eltxch written ruthorization from the owner.) `T710*%v % . Ar . � - -- e- -- • I I P'r'at Name of 1(cnnV CTF( wl i4.t Zq _ ra - ■TCic hone (520) 382- ?600■Fax 520) 38?- 641 - -- 11555 1 . Ci Centcr Drive, B ld . AI' NIaran a, AZ 85653 7003 � Assessor S Parc el Numbers. 218 --34 - 2260 218 -34— 3770 and 218-34 — '226E Marana Regular Council Meeting 05/05/2015 Page 19 of 100 ❑ Preliminary Pizi OE r F innl Plat ❑ Gcnerul Plan Amendment ❑Vanance ❑ Development Plan ❑ Swppp ❑ Lwdscape Plan ❑ Native Plant Permit ❑ Specific Plan Amcndmcnt ❑ Condhionat Use Permit RexoneJSpecalic Plan ❑ Annexation ❑ Significant land Use Change C:] Minor Land Division ❑ Water Man ❑ rmprovtmanr Plan c ; li C] Other - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Gus Myers, Engineering Technician Date: May 5, 2015 Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2015 -040: Relating to Development; Approving a release of subdivision assurances for Casa Sevilla and accepting public improvements for maintenance (Keith Brann) Discussion: If adopted, this resolution will accept the streets of Casa Sevilla for maintenance by the Town and release the Assurance agreement between Pulte Home Corporation, Landmark Title Insurance Agency, and the Town of Marana, under Trust No. 18300 -T, regarding Casa Sevilla as depicted on Exhibit A. Casa Sevilla is comprised of lots 1 through 48 and Common Areas `A', `B', `C', and `D' and is recorded at the Pima County Recorder's office at Sequence Number 20141640175. In releasing said Assurances, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.51 miles of the following paved streets: • Placita Casa Sevilla • Placita Casa De Amor Staff Recommendation: Staff recommends adoption of the resolution for maintenance and to release the assurances associated with construction. Suggested Motion: Marana Regular Council Meeting 05/05/2015 Page 20 of 100 I move to adopt Resolution 2015 -040, accepting Casa Sevilla for maintenance and release of assurances. Attachments: Resolution 2015 -040 Casa Sevilla Location Map Marana Regular Council Meeting 05/05/2015 Page 21 of 100 MARANA RESOLUTION NO. 2015-040 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR CASA SEVILLA AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Casa Sevilla is a 34.68 acre subdivision located north of Tangerine Road and west of Camino de Oeste; and WHEREAS the final plat for Casa Sevilla Lots 1 -48 and Common Area "A" Open Space/ Drainage, Common Area "B" Sewer Easement, Common Area "C" Natural Undisturbed Open Space, and Common Area "D" Signs is recorded in the Pima County Recorder's Office at Sequence Number 20141640175; and WHEREAS the Town has a third party trust assurance agreement with Landmark Title Assurance Agency of Arizona, LLC, under Trust No. 18300 -T, recorded in the Pima County Recorder's office at Sequence Number 20141640176 (the "Assurance Agreement "), assuring the completion of public improvements for Casa Sevilla subdivision; and WHEREAS the subdivider has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 0.51 miles of the following paved streets as shown on the final plat for Casa Sevilla: • Placita Casa Sevilla • Placita Casa De Amor PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of May, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00041727.DOCX /} Marana Resolution No. 2015 -040 Marana Regular Council Meeting 05/05/2015 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 4/29/2015 5:22 PM FJC Page 22 of 100 (SPECIP p p s AP - r C? RANA -P 11555 W. CIVI C CENTER DII I - T. KARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: May 5, 2015 Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2015 -041: 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 grant funding for the purchase of patrol car automated external defibrillators (AED) (Lisa Shafer) Discussion: The Town of Marana Police Department (MPD) applied for and received a grant from the Steven M. Gootter Foundation for nine Automated External Defibrillators (AEDs). This will be the second grant that the MPD has received from the Gootter Foundation, totaling 15 AEDs donated to the Town. 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 Gootter Foundation is very excited to donate three of the AED units to our Volunteers In Police Services (NIPS). 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 05/05/2015 Page 24 of 100 Staff recommends approval of the AED Donation & Acceptance Agreement with the Steven M. Gootter Foundation to receive nine automated external defibrillators. Suggested Motion: I move to adopt Resolution No. 2015 -041 approving and authorizing the Safety and Emergency Management Coordinator, to execute an AED Donation Acceptance Agreement with the Gootter Foundation for patrol car automated external defibrillators (AED). Attachments: Resolution 2015 -041 AED Agreement Marana Regular Council Meeting 05/05/2015 Page 25 of 100 MARANA RESOLUTION NO. 2015-041 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 GRANT FUNDING 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 arrest; 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 the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into an 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 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 authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 th day of May, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -041 - 1 - Marana Regular Council Meeting 05/05/2015 Page 26 of 100 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 TOWN OF MARANA POLICE DEPARTMENT, ( " You "). The Gootter Foundation agrees to donate money for the purchase of nine (9) 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 19182JB2 Regular Council Meeting 05/05/2015 Page 27 of 100 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 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. Headiness 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. 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 2 19322367 Marana Regular Council Meeting 05/05/2015 Page 28 of 100 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 6 day of May, 2015. STEVEN M. GOOTTER FOUNDATION: 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: mcarbaj al(c�,maranaaz. Gov 3 19322367 Marana Regular Council Meeting 05/05/2015 Page 29 of 100 - r C? RANA -P 11555 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Item C 4 Date: May 5, 2015 Subject: Approval of April 7, 2015 Regular Council Meeting Minutes, approval of April 14 2015 Study Session Minutes, and approval of April 21, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments: Regular Council Meeting Minutes 04 -07 -2015 Study Session Council Meeting Minutes 04 -14 -2015 Regular Council Meeting Minutes 4 -21 -2015 Marana Regular Council Meeting 05/05/2015 Page 30 of 100 � n o/S 1 7 � MARANA � �rrizo�` REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 7, 2015 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Membc III 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 7:01 p.m. Town Cle Bro nson called roll. All Councj,l Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by Council Member Bowen, second by council Member McGorray. Passed unanimously. CALL TO THE PUBLIC... d Stolmaker, President and CEO of the Marana Chamber of Commerce noted that he was providing the town with a full report on the recent Business Walks. He also reported on the Marana Walk/Run and thanked town staff, especially park employees, for their assistance. David Morales spoke regarding the mega drought conditions and appealed to Council for water conservation measures and the planting of drought-resistant plants. PROCLAMATIONS Mayor Honea noted that all proclamations would be part of the permanent record, however, only the proclamation for John Montgomery would be read. Mr. Montgomery approached the April 7, 2015 Meeting Minutes 1 Marana Regular Council Meeting 05/05/2015 Page 31 of 100 dais with Police Chief Rozema for the reading of the proclamation and the presentation of the commemorative branding iron, which is given to exemplary employees who have served at least ten years with the town. Mr. Montgomery thanked the Chief and Council and noted that it was a pleasure to have served the town. Pi Proclamation: Recognizing and celebrating the contributions of John Montgomery to the Marana Community P2 Proclamation: April 13 - 17, 2015 as Employee Appreciation and Recognition Week P3 Proclamation: April 7, 2015 as National Service Recognition Day P4 Proclamation: April 24, 2015 as Arbor Day MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report was placed on the dais. He also noted that the Technology Services department and the Communication/Marketing team has made the My Marana mobile app even more accessibl or to es. 0 PRESENTATIONS CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member McGorray, second by Council Member Kai. Passed unanimously. C 1 Resolution No. 2015 -028 Relating to Development; approving a preliminary plat and neighborhood design plan for Tangerine Ridge Lots 1 -219, Block "I" and Common Areas "A ", "B ", and "C ", generally located south of Tangerine Road and West of Camino de Oeste, directly adjacent to and west of the approved Casa Sevilla Specific Plan (Jenna Reilly) C2 Resolution No. 2015 -029: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project (Frank Cassidy) C3 Resolution No. 2015 -030: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Classification and Compensation, Section 3 -7 -1 "Promotion, Demotion and Lateral Transfer" (Suzanne Machain) April 7, 2015 Meeting Minutes 2 Marana Regular Council Meeting 05/05/2015 Page 32 of 100 C4 Resolution No. 2015 -031: Relating to Administration; adopting a vehicle marking policy that establishes a uniform pattern for designating Town of Marana motor vehicles (Jane Fairall) CS Resolution No. 2015 -032: Relating to Development; Accepting Marana Center Drainage Systems 1 and 2 for maintenance and releasing the assurances associated with their construction (Keith Brann) C6 Approval of revised February 3, 2015 Regular Council Meeting Minutes, March 10, 2015 and March 24, 2015 Study Session Minutes and approval of March 17, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) 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 Christopher Mark Evenson Jr. on behalf of Chuy's Mesquite Broiler, located at 4499 W. Ina Road, Marana, Arizona 85742. Ms. Bronson noted that the application had been properly posted, reviewed by staff and that no protests had been received. Staff recommends approval. Council Member Bowen asked why there was an application for a business that has been in operation. Ms. Bronson noted that this was a license for a new owner. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed unanimously. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Fr. Virgilio T. Tabo, Jr. on behalf of St. Christopher Catholic Church for Parish Fundraiser to be held on April 25, 2015. Ms. Bronson noted that the application had been properly reviewed by staff and staff recommends approval. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2015.008: Relating to Development; approving a rezoning of approximately 30.6 acres of land located south of Cortaro Farms Road and east of Sandy Desert Trail from R -16 (single - family residential) to R -6 (single - family residential); and approving a minor amendment to the General Plan amending the land use category from Low- Density Residential (LDR) to Medium Density Residential (MDR). Mayor Honea opened the public hearing. Presented by Brian Varney, who noted that this proposal is for 69 lots on April 7, 2015 Meeting Minutes 3 Marana Regular Council Meeting 05/05/2015 Page 33 of 100 approximately 51 % of the site. Approximately 40% of the site will remain as undisturbed, natural open area. The zoning requested is commensurate with the zoning to the west, Willow Ridge Commons, which is all part of the Willow Ridge development. The Planning Commission heard this request on February 25, 2015, and voted 7 -0 in favor of recommendation to the town Council. Staff is also recommending approval subject to the conditions contained in the draft ordinance. Kelly Lee from the Planning Center spoke on behalf of the applicant. She noted that she worked with the Sonoran Desert Coalition on the site plan as well as with neighbors at various meetings. No major concerns were raised. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, spoke in support. She asked to make one additional request regarding invasive species. While working hard to protect native plants, this was overlooked. She asked to read into the record the language she would like to have added which the owners have agreed to. "Willow Ridge II (now referred to as Willow Vista) Homeowner's Association shall have a continuing responsibility to remove invasive non - native species from the property, including those listed in Attachment A. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Lot Owners shall keep private lots including enclosed yards free of invasive non - native plant species, including those listed in Attachment A. This obligation also transfers to any future owners of property within the rezoning. Prior to or upon requesting a building permit for a lot, the owner(s) /developer(s) shall record a covenant, to run with the land, memorializing the terms of this condition." She provided the Clerk with the language as well as a list of invasive species such as buffle grass and fountain grass. There being no further speakers, Mayor Honea closed the public hearing and asked for questions from Council. Council Member Bowen asked the applicants if they agreed to these terms. They indicated that they did. Motion to approve as presented by staff subject to the modifications listed by the Coalition for Sonoran Desert Protection by Council Member Kai, second by Council Member Bowen. Passed unanimously. A2 Ordinance No. 2015.009 Relating to Real Estate; approving an exchange of real property located on the east side of Big Sky Ranch Drive, south of Camino de Mariana in the Town of Marana, Pima County; specifically, Parcel "A" of Sky Ranch subdivision as described in the plat recorded in the office of the Pima County Recorder at Book 58 of Maps and Plats, Page 58, for a parcel of substantially equal value located in the triangle of land bounded by Tangerine Road, Camino de Mariana, and Camino de Oeste in the Town of Marana, Pima County, for purposes of construction of a proposed Tangerine Corridor Community Park site; approving and authorizing the Mayor to execute a real estate exchange and purchase agreement and any deeds and other documents necessary to accomplish the exchange and purchase; and declaring an emergency. Presented by Jane Fairall, who noted that this item came before Council in January 2014 with direction to staff to initiate the process to reach the agreement with the HOA. The agreement before Council would allow the town and the HOA to exchange parcels of substantially equal value. The town's parcel is about 7.3 acres. Based on the appraised value, April 7, 2015 Meeting Minutes 4 Marana Regular Council Meeting 05/05/2015 Page 34 of 100 that amounts to about 9.5 acres of the HOA's property. The agreement provides that the town will purchase the remaining 8.5 acres for the park at the appraised value, which was $8500 per acre. On behalf of the town staff, Ms. Fairall thanked the HOA and the HOA board for working through all the details with staff so that it could be brought for Council consideration. Council Member Ziegler asked what the timeline is for building the park. Mr. Davidson noted that construction is slated as part of FY 2016 -17. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Ms. Fairall noted that the emergency clause requires a roll call vote. Ms. Bronson called roll. All Council Members voted in favor, 7 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1 Relating to Strategic Plan III; discussion, consideration and authorization of a process for Council to continue partnership opportunities with Marana Unified School District (MUSD) to enhance economic development, including a possible joint Town /MUSD partnering meeting. Presented by Gilbert Davidson, who noted that this item was requested by Council Member Bowen, to begin to execute what is in the Strategic Plan as it relates to further partnering and discussions with the school district. He stressed that the town and MUSD already have a good working relationship, so it's not about improving the relationship, but focusing on key things such as economic development. The town is investing a lot of resources in economic development, and we want to see companies and high wage jobsmove into our community. The school district will benefit from that as new residents will bring additional property taxes. It also is important to have an award - winning school district to attract businesses and residents. Council Member Bowen stated that the work he and Mr. Davidson did on the Strategic Plan, they identified the fact that in many communities in the U.S., the school is governed by the town Council. The reasons are that the fortunes of both are inextricably linked. That doesn't exist in Arizona, so this could be an opportunity to forge a relationship with the school district, recognizing the good relations we already have, but initiating a conversive arrangement that we could talk about things that are coming up and figuring out ways to strengthen one another with the goal of benefiting the entire town. After general discussion among Council, Council Members Bowen, Ziegler and McGorray volunteered to be the town representatives at a partnering meeting with MUSD representatives. Mr. Davidson elaborated that the work to be done at this time will be to set up a process. Everything will come back before Council. Mayor Honea asked for a motion. Council Member Bowen moved that the Council appoint Council Members McGorray, Ziegler and Bowen to form an exploratory committee to begin working with staff and the Marana Unified School District on how we can make our relationships work better and make the process work better for the town. Second by Vice Mayor Post. Motion passed unanimously. 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 April 7, 2015 Meeting Minutes 5 Marana Regular Council Meeting 05/05/2015 Page 35 of 100 upcoming meetings of the other governmental bodies. Mr. Davidson noted that the Legislature has adjourned. EXECUTIVE SESSIONS. Motion to go into executive session on Item E2 by Vice Mayor Post, second by Council Member McGorray at 7:48. Passed unanimously. 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. rw E2 Executive Session pursuant to A.R.S. § 38- 431.03(A)(7), discussion or consultation with the Town Manager and Town Attorney in order to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of real property owned by Reyher Partnership and Marana 348 Limited Partnership located near the Marana Municipal Complex. Motion to direct staff to proceed as discussed in executive session by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. 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 at 8:01 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. 'Owl A., CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 7, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk April 7, 2015 Meeting Minutes 6 Marana Regular Council Meeting 05/05/2015 Page 36 of 100 NowN ot% 1 7 9 MARANA 7 �R►ZON� STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 14, 2015, at or after 6:00 PM Ed Honea Mayor Jon Post, Vlce T�nx'�r David Bowen, Counc Patti Comerford, Coin Herb Kai, Council Carol McGorray, Coin Roxanne Ziegler, Coin TUDY SESS CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:01 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by Council Member Bowen, second by Vice Mayor Postassed unanimously. im CALL TO THE PUBLIC. There were no speaker cards presented. )a DISCUSSION /DIRECTION /POSSIBLE ACTION D 1 Relating to Budget; review, discussion, consideration, and direction to staff regarding the fiscal year 2015 -2016 Manager's recommended operating budgets for the General Fund, Water Operating Fund, Wastewater Operating Fund and the Airport Operating Fund (Gilbert Davidson and Erik Montague). Gilbert Davidson led with a preliminary overview, noting that no decision needs to be made other than possible direction on any of the things highlighted during the presentation. He will be discussing the investment plan after Erik Montague provides the revenue outlook for FY 2016. Erik Montague then gave an overview of the Arizona economy and revenue forecast, noting that the figures are provided by the Joint Legislative Budget Committee, who provides the April 14, 2015 Study Session Minutes 1 Marana Regular Council Meeting 05/05/2015 Page 37 of 100 forecasts for the state. There is reduced revenue growth; it's still growing but not as quickly as initially expected. This naturally causes impacts on cities and towns. Relating to the most recent numbers for the baseline budget for 2015, 2016 and 2017, they are projecting that they will have a surplus of just over $12M. The way that the budget is being balanced is by tapping into rainy day fund, which was accumulated in earlier years, by about $70M. For FY 2016, there is a minor surplus of about $33M, and a $15M deficit forecast for FY 2017. These numbers are level or flat. With regard to the overall U.S. economy, consumer confidence is about 23.1% higher year over year, but was reduced by about 7.1 % from January to February which was off of the post - recession high. There is not a lot of inflation pressure on the Western Consumer Price Index. He also talked about numbers for unemployment for Arizona, Tucson and Marana, with Arizona overall at about 6.2% and Marana at about 4.3 %. Housing prices are about 2% higher year over year, with the median home price in Tucson at about $160K. He continued with the revenue numbers for sales taxes. Retail, hotels and restaurant sales are up, while all other are slightly under. There is one important change underway — the impact of the Arizona DOR Business Class Code System. A greater level of detail will be required about what the businesses are actually reporting, and we will be required to refine how we do our projections. We can still do comparisons under the old structure, but we'll be budgeting from the new level which will be helpful to shaping the budgets in the future. With respect to Shared Revenues, historically, Mr. Montague stated that he has been very conservative. It is still increasing but significantly less than what we might have seen in the past. Shared sales tax and auto lieu are up while urban revenue is down. Licenses, Fees and permits are the third largest category for us. For the current year we budgeted 600 building permits; we're at about 459. The Aerie development is large but has a lower permit value. Finance works closely with the development group to come up with this number. Five hundred fifty permits are reasonable for 2016, thus, revenues will go down by a little over $225K, but there are significant increases in commercial development. Mr. Davidson then talked about the investment plan and what's available. Recommended this year is a two -part approach to compensation for market and merit adjustments up to 4 %. This will also be based on what other municipalities are implementing for class and compensation. He reviewed other pay and benefits for health, retirement, disability insurance. Last year the town went to a self - funded model, and there have not been major impacts to that fund, so the numbers for public safety retirement and health and dental have not had a huge negative impact. Combined with those numbers are training and development for employees for a total employee investment of $1,312,170 from the general fund. Departments are also going through a process to identify all the critical items related back to the strategic plan. From the general fund, vehicle replacements of $586,100; $201,500 for technology, include Council chambers replacements, police fingerprint machine and police mobile data terminals; maintenance projects for $423,900 and shared use path preservation, Phase II for $135K, and park utility vehicles, push mowers, trimmers and other items for $126,208. The total investment from the general fund will be $1,661,040. April 14, 2015 Study Session Minutes 2 Marana Regular Council Meeting 05/05/2015 Page 38 of 100 Next he discussed the FY 2016 selected strategic position investments which have a total general fund expenditure of $554,785. Erik Montague then completed the presentation with the overall financial summary starting with the general fund revenues, expenditures, estimating about 5.4% increase from what was budgeted in the current year to next year. Total expenditures increased 5.8 %. With operating transfers we issued debt, and as a source of repayment we pledged revenues from excise sales tax. The numbers presented exclude the contingency fund, which currently sits at $5M, and we're not sure what that number will look like in 2016. He then presented the operating budget impact on reserves within the general fund. He noted that several years ago Council established a threshold reserve policy to be 25% of expenditures Since the most recent low at 2008 -09, we have been adding back modestly ever since. Reserves are a one -time resource to provide for overall cash needs, provide for major and /or unanticipated events and to help preserve the town's overall credit rating. Possible use of reserves of about $3.9M could be for pavement preservation, Ora Mae Harn Park ball field and parking improvements and the downtown sewer conveyance. These are all being recommended to come out of the reserve account for the next fiscal year. He asked for feedback or questions related to reserve projects. In response to a question from Council Member Ziegler regarding whether Council should be making recommendations on the projects, Mr. Davidson responded that these are items for Council to decide upon. Next, Mr. Montague continued with the enterprise funds, beginning with the water operating fund. We have about 6200 utility accounts and are anticipating about a 6.9% change or $300K. Most of that is coming from water fees or sales of water to customers on our system. The rates anticipated for FY 2015 -16 takes into account a rate increase already approved which will go into effect in January 2016 and January 2017. Next, he discussed the wastewater operating fund. Since the town obtained the system in 2012, modest increases have occurred. We intend to maintain some parity with Pima County's rate. We are anticipating about a 12.3% change or $104.3K, most of which will come from adjusted calculations in additional sewer fees of about 12 %. On the expense side, we are maintaining the status quo other than some compensation adjustments previously discussed. There are some increases on the operating supplies, equipment and contracted services. Regarding the airport operating fund, the revenues have been fairly stable. With most of the revenues being generated, we are obligated through pre- existing leases or agreements and don't have a lot of additional capacity to generate a lot more revenues currently. There was a recent fuel flowage fee adjustment which is to get it on par to similar airports, and that will add additional revenue at the airport. There is a small change from FY 2015, about 3.2% or 8K. It's a small number but very important. One of our challenges to reflect that revenues meet the obligations. Right now they are not. There are a number of areas where additional resources could be deployed, but he will need people, equipment and other support services to help maintain the airport at the level is required. There is an operating deficiency of about $11 OK and will require some support from the general fund. April 14, 2015 Study Session Minutes 3 Marana Regular Council Meeting 05/05/2015 Page 39 of 100 The tentative budget and adoption of the changes to the comprehensive fee schedule will be brought to Council for consideration on May 19. On June 16, Council will consider the adoption of the final budget. Mr. Montague responded to questions from Council Member Bowen regarding the $212K for an additional payment on the public safety retirement and to Council Member Ziegler with respect to getting the airport to becoming a real enterprise fund without support from the general fund. Mr. Davidson also noted that when the town acquired the airport from the County, there were some leases that we were obligated to pay. All attempts are being made to make this a self- sustaining airport. While we are doing that we do have obligations to make sure the airport is well- maintained and have the right staff to do that. But it will take time to get the right pieces in place. Staff will begin finalizing this process. If Council wants to meet one on one, staff is available. Motion to direct staff to continue moving forward on the budget as presented tonight by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. 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. 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 at 7:10 p. m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. I hereby certify that the foregoing are the true and correct minutes of the study session of the Marana Town Council meeting held on April 14, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk April 14, 2015 Study Session Minutes 4 Marana Regular Council Meeting 05/05/2015 Page 40 of 100 � n �� 1 7 � MARANA � REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 21, 2015 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 M r ay, Council Member Roxanne Ziegler, gler, Council Member 14 7 REGULAR COUNCIL MEE IN D CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by Vice Mayor Post, passed unanimously. CALL TO THE PUBLIC. Jayden Foshee, representing Girl Scout Troop 70, asked Council to have Parks & Recreation overhaul the restrooms at Ora Mae Ham Park. Ms. Foshee said that the Troop would also be willing to volunteer their time to this project. PROCLAMATIONS No. 1 Proclamation: May 2015 as Foster Care Month. April 21, 2015 Meeting Minutes 1 Marana Regular Council Meeting 05/05/2015 Page 41 of 100 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Ziegler remarked on the State of the Town, and she complimented the Mayor and staff who helped put together this fine event. Mayor Honea also reported on the State of the Town event, and expressed his thanks to the town team and the Chamber of Commerce for making this is very special occasion. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No report. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. C 1 Resolution 2015 -033: Relating o the Police Department; a �rovin and authorizing the g P PA g g Town Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for purposes of receiving Reallocation funds under the 2013 Operation Stonegarden Grant Program (Lisa Shafer) C 2 Resolution No. 2015 -034: 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 and the Town of Marana to receive funding under COT Grant Number HT -15 -2505 (Lisa Shafer) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #919, located at 4180 W. Ina Road, Tucson, Arizona 85741 Jocel C. Bronson). Ms. Bronson noted that the application was ( y ) pp properly reviewed and posted. Staff recommends approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. 1. - - W L 2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Western Express #811, located at 7810 N. Silverbell Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Ms. Bronson noted that the application was properly reviewed and posted. Staff recommends approval. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES April 21, 2015 Meeting Minutes 2 Marana Regular Council Meeting 05/05/2015 Page 42 of 100 COUNCIL ACTION A 1 Ordinance No. 2015.010 Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Tiffany Loop and Twin Peaks Annexation, being an approximately 9.2 acre parcel of property generally located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (Interstate 10); and establishing original Town of Marana zoning (Cynthia Ross). Presented by Frank Cassidy on behalf of Ms. Ross. He noted that most of the property around the parcel is town limits. The original zoning is exactly what was agreed to. This property owner was the successful bidder on the Pioneer remnant which is next door. On Friday, ADOT finally adopted its resolution on the right of way, and the property owner didn't want to finish the annexation until it was sure it was going to be able to close on the Pioneer piece. That's why it has waited this long. On the day this annexation becomes effective, May 22, 2015, we'll close on the sale of the Pioneer remnant to San Joaquin so that they'll own both of those parcels. Motion to approve by Council Member McGorray, second by Vice Mayor Post. Passed unanimously. A 2 Resolution 2015 -035 Relating to Administration; approving the transfer of up to $48,000 in budgeted expenditure authority from the General Fund contingency line item to the Honea Heights Sewer Program in the Community Development and Neighborhood Services Department budget for fiscal year 2014 -2015 for expenses related to the Honea Heights Sanitary Sewer Conversion Project (Gilbert Davidson). Mr. Davidson noted that in 2013 there was money set aside for sewer improvements, but for various reasons, it wasn't to be, and there has been a commitment that some of our older neighborhoods are able to hook into the sewer system. A program was put together in 2013 where we had allocated $75K out of the general fund for the individual hookups. There wasn't much activity that year. This fiscal year a number of septic systems have failed, and we have used $72,500 and at least two more pending residents that have come to the town in need as their septic has failed per our review policy. If we hold them off, it could cost them $450 a month to pump the septic system, so we are asking for the $48K from contingency to this line item to hook up more residents into the sewer system. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed 6 -0 with Vice Mayor Post abstaining. A 3 Resolution No. 2015 -036 Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement with Northwest Fire District for fire code official services (Benny Sanchez). Mr. Sanchez gave an explanation of what fire marshal services are, including responsibilities and performance standards. He spoke of this agreement bringing consistency between the two entities. These services will allow one -stop service for development review coordination, permitting and payment for services. He concluded with value added services such as in- district fees and services. Council Member Comerford April 21, 2015 Meeting Minutes 3 Marana Regular Council Meeting 05/05/2015 Page 43 of 100 commented that she was glad to see this happening that is customer - service related. Council Member Kai asked what the other entities besides Northwest Fire, Metro District or Avra Valley are within the jurisdiction. Mr. Sanchez noted that there are some areas within the town that don't belong to a certain district. Either they never annexed in or a subscription policy ran out. Where this mostly occurs is in the Dove Mountain area. Motion to approve by Council Member Ziegler, second by Council Member Bowen. Passed unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION 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 the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS. Motion to go into executive session on Item E 2 at 7:23 p.m. by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. 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. 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 wn Attorney concerning any matter listed on this agenda. E 2 Executive Session pursuant to A.R.S. § 38- 431.03(A)(7), discussion or consultation with the Town Manager and Town Attorney in order to consider the Town's position and instruct its representatives regarding negotiations for the possible purchase of real property owned by Reyher Partnership and Marana 348 Limited Partnership located near the Marana Municipal Complex. At 7:36 p.m., staff asked for authority to proceed with the negotiations for the purchase of the land in a manner consistent with what was discussed in executive session. Motion to proceed as described by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. - All 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). April 21, 2015 Meeting Minutes 4 Marana Regular Council Meeting 05/05/2015 Page 44 of 100 ADJOURNMENT. Motion to adjourn at 7:37p. m. by Vice Mayor Post, second by Council Member Comerford. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 21, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk April 21, 2015 Meeting Minutes 5 Marana Regular Council Meeting 05/05/2015 Page 45 of 100 - r C? RANA -P 115 5 5 W. CIXgC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item L 1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: May 5, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a New series #10 Beer and Wine liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: This application is for a new series #10 Beer and Wine liquor license at Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 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." If the Council's recommendation is for disapproval, the order must include an attachment stating Marana Regular Council Meeting 05/05/2015 Page 46 of 100 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 New series #10 Beer and Wine liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a New series #10 Beer and Wine liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #612, located at 4202 W. Ina Road, Tucson, Arizona 85741. Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Regular Council Meeting 05/05/2015 Page 47 of 100 .� 9 ME, 13 Li- Dept. i�� } N :1 Arizona Department of Liquor Utenses and Control 800 West Washingt nth - FIoor RECEIVED -Phoeni Ar z6na .85007 w 15 vww.azli;quor.gov , APR 06 20 : 602542 -514 k` / ' Town of �1#artw • v, YP ... _ Clerk's Office. APPLICATIO TOR LIQUOR LICENSE . TYPE OR P` I VlIr s BLAC H� � I N Notice: Effective Nov. 1, 1997, "All owners A ents Partners - Stockholde Officers .ar. Mana ers `active Involved in the da to da o erations of the business must attend a ®epa rtniont eppro46d liquor ! training course &'provide proof of attendance w" thin the last fine years. See page 5 of r the Liquor Licensing requirements. - MIA f � SECTION 2 SECTION 1 This application is far a: Type of ownership .° - • . ❑ MORE THAN ONE LICENSE * INTERIM PERMIT complete Section 5 3 q" ❑ J.T.W. R, O.S. Complete Section 6 NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16 17 INDIVIDUAL Complete Section 8 6 El PERSON TRANSFER (Bars & Liquor Stpres.ONL.Y) : El PARTNERSHIP complete Section Complete Sections 7, 3, ' ❑ CORPORATION Complete Section 7 El LOCATION TRANSFER Bars and Liquor Stores ONLY} 9 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12,13, 75, ❑ ,CLUB Corr�plete Section 8 El PROBATEI ILL ASSIGNMENT/DIVORCE DECREE•• 17 GOVERNMENT Complete S 10 Complete Sections 2, 3 : 4,' 9, 73, .16"(fee not required ❑ TRUST Complete Section 6 El GOVERNMENT Complete Sections 2, 3, 4, TD, 13, 75,..18 1:1 OTHER (Explain) rD C) t SECTION 3 Type of license and fees LICENSE # (e) 1. Type of Licenses ): Beer and Wine Series 10 pepar#me se only 2. Total fees attached. $ a�)L. A PPL1CA TION FEE A ND IN TERIM PERMI T FEES (!F A PPL ICA ET L E) A RE NO T REFUNDA BL E. The fees allowed under A.R.S. 44 -6852 will be charged for all dishonored checks. SECTION 4 Applicant E Mr. Burton, Roger Kenneth 1.Owner /A{gent + g Owner/Agent Name: 0 Ms. (Insert one name ONLY to appear on license) Last First Middle sh� IL.L.C.: Western Refining Retail, LLC - toLl 2. Corp. /Partner ip (Exactly as it appears on Articles of Inc. or Articles of Org.) • 3. Business Name Giant Store #612 . (Exactly as it appears on the exterior of premises) 4. Principal Street Location 4202. W. Ina Road. Tucson Pima 85741 (Do not use PO Box Number) City County Zip 5. Business Phone: 520- 744 -7840 Daytime Phone: 602-286-1922 Emai I : ro .burton @wnrcom .._—_.._. ---__ 6. Is the business located within the incorporated limits of the above city or town? 1ZYES ❑ NO 7. Mailing Address: 1250 W. Washington Street # 101, Tempe, AZ 85281 City State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type Type $ DEPARTMENT USE ONLY Fees: I M Application Interim Permit Site Inspection Finger Prints $ ao:3--- &C/ TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? (, YES ❑ NO Accepted by: \ �'�,G� r Date: _ 3 00 a& ) S Lic. # 1 D � C)25 LP /1712013 *Disabled individuals requiring special accommoaation, please c aii (euz) o4L - yu ci. X0'. � k q .1 I C se-6 Marana Regular Council Meeting 05/05/2015 Page 8 1 on (0(0 S SECTION 5 Interim Permit: 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4 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 10103630 4. is the license currently in use? N YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION To THIS APPLICATION. I Roger Kenneth Burton declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. State of County of X 09,10" C.-O /a .- - The foregoing instrum t was acknowledged before me this (Signature) 61 Of My commission expires on: lal,n Mt Day Month Year NOTARY PUBLIC - ARIZONA MARICOPA COUNTY AA a LL - My C[��'T mission F,xpires ature of NOTARY PU C} June 1 0, 2010 Memnon" .• goomp � WAMM . no w�" onam .. I�..rw � mummmwm woolloom �r..rr wemom � SECTION 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: Last First Middle % Owned Mailing Address City State Zip j T M H 7 0 G k-, C- 1-4 F I T Is any person, other than the above, going to share in the profits/losses of the business? E YES El NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. 2 Marana Regular Council Meeting 05/05/2015 Page 49 of 100 Partnership Name: (Only the first partner listed will appear on license) SECTION 7 Corporation /Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. El CORPORATION Complete questions 1, 2, 3, 5, 6, 7, and 8. WL.L.C. Complete 1, 2, 4, 5, 6, 7, and 8. 1. Name of Corporation /L.L.C.: Western Refining Retail, LLC (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 09/25/2014 State where Incorporated /Organized: Delaware 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L.L.C. File No: R- 1954747 -6 Date authorized to do business in AZ: 10/2/2014 5. Is Corp. /L. L.C. Non - profit? ❑ YES ONO C. List all directors, officers and members in Corporation/L.L.C. Last First M iddle Title Mailing Address City State Zi Western Refining Southwest, Inc. I Sole Memb 1 1250 W. Washington Street # 101, Tempe, AZ 85281 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or Who own 10% or more: L_a51 r!r51 Miauie 70 uwneu IVI[dliI119 /Au UICbS k ILy OLdLC 1.I Western Refining Southwest, Inc. 1 100 1 1250 W. Washington Street # 101, Tempe, AZ 85281 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation /L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director /officer /member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMITA COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non - profit? ❑ YES ❑ NO 3. List officer and directors: (Attach a copy of Club Charter or Bylaws) (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Marana Regular Council Meeting 05/05/2015 Page 50 of 100 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Dar or Liquor Store License: 1. Current Licensee's Name: _..� (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle:..' 3. License Type: License Number: Date of Last Renewal: y 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRI13UTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. ... ..w+r.r• lrMrwNl ► . .Iw.11rl..AI wrlrrl>our 1 now=" ww� MMUMN �w • • , wrrr '; . SECTION 10 Government: (for cities, towns, or counties only) % Y 1. Governmental Entity: 2. Person /designee: •kG r C Last First Middle Contact Phone Number ' A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. IlU..lUN � �■ 0 � mmmw Wt W� Ifllll SEM � mmmwm . 0010 r.r W 1M a W�r.il .MMd ll ,� . 1 M1 W1giMIMYMMM Il.r SECTION I I Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle Entity: (Indio., Agent, etc.) 2. Corporation /L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Physical Street Locat16n of Business: Street City, State, Zip 5. License Type: License Number: 6. 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. 1 , hereby authorize the department to process this application to transfer the (print full name privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue, declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and complete. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) Marana Regular Council Meeting 05/05/2015 Page 51 of 100 SECTION 12 Location to Location Transfer: Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED 13Y THE STATE 1. Current Business: Name & (Exactly as it appears on license) Address. T 2. New Business: Name J "jq� (Physical Street Location) CIA Address �w K 3. License Type: License Number: 4. If more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? What date do you plan to open? SECTION 1 Questions for all instate applicants excl nq thos r ver nment. hvt Ig...1. m.��an . restaurant ligenses (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) c) Government license (§ 4 - 205.03) b) Hotel /motel license (§ 4- 205.01) d) Fenced playing area of a golf course (§ 4-207 (13)(5 )} 1. Distance to nearest school 2640 ft. Name of school Thornydaie Elementary School Address 7651 N. Oldfather Road, Tucson, AZ 85741 City, State, Zip 2. Distance to nearest church: 2640 ft. Name of church The Road Church Address 765 N. Oldfather Road, Tucson, AZ 85741 City, State, Zip 3. 1 am the: 21 Lessee ❑ Sublessee ❑ Owner El Purchaser (of premises) 4. If the premises is leased give lessors: Name Loma Catalina Company, LLC Address 1980 Mountain Blv # 208 Oakla CA 94611 City, State, Zip 4a. Monthly rental /lease rate $ 11,000 What is the remaining length of the lease 16 yrs. 4 mos. 4b. What is the penalty if the lease is not fulfilled? $ or other lose site (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 owe money to. C. What type of business will this license be used for (be specific)? Gas Station /Convenienc store 5 Marana Regular Council Meeting 05/05/2015 Page 52 of 100 (ATTACH ADDITIONAL SHEET IF NECESSARY) 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 N NO if yes attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? El YES ® NO ' 9. Is the premises currently licensed with a liquor license? 10 YES ❑ NO If yes, give license number and licensee's name , 1 t . -A4 License # 10103630 (exactly as it appears on license) Name Roger Kenneth Burton t SECTION 1 4 Restaurant or hotel /motel license applicants: 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 :. - -- — __ - - - - -- — — — — — — — — — — — — — and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate whileyour application is pending; 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 Operation Plan (Form LIC011 provided by the Department of Liquor Licenses and Control. 4. As stated in A. R. S. § 4- 205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises. By applying for this Cl hotel /motel ❑ 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 (E3 ), 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 filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information" tab. applicants initials SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this for 1. Check ALL boxes that apply to your business: ® Entrances /Exits ® 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? 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 t-- disdlo e only the areas} where soidtous liquor isi tol'be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4- 207.01(B ), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. /eg applicants initials YES ® NO 6 Marana Regular Council Meeting 05/05/2015 Page 53 of 100 VCTIO N 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up I". 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. t.s ;r 1,. i SECTION 16 Signature Block I Roger Kenneth Bu , hereby declare that I am the OWNER /AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. I have read this application and verify all statements to be true, correct and complete. .(signat a of applicant listed in Section 4, Question 1) Mariann Mattia NOTARY PUBLIC —ARIZONA MARICOPA COUNTY My Commission Expires June 10, 2018 My commission expires on Day Month Year State of County of fy r 4 1 q4�� The fore oing instrumen as acknowledged before me this A of Month Year signature of NOTARY P3KIC 7 Marana Regular Council Meeting 05/05/2015 Page 54 of 100 T CD (31 (31 0 h --.L C) C) Ae � ��'=� #� �� � � y�. S � � � � � , : �. -tip'. ARIZONA DEPARTMENT OF LIQUOR. LICENSES AND CONTROL e AF FI DAVIT %0 OSTI N 4202 W. Ina Road Business Address: 85741 Tucson Street 10103770 License #: City Zip hereby certify that pursuant to A.R.S. § 4 -201,1 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. '!�c Print Name of City /County Official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (642) 542-9027 L ic0l 19 4/2009 Marana Regular Council Meeting 05/05/2015 Page 56 of 100 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov` Z (602) 542 -5141 �V� sue.. � In r--- -r '0 - -look '60':0k - - - '11� / _ Local Governing Body Recommendation - A § 4- 2 01(C) . k f Ma rana r _ti - 10103776 1. City o Town f: Liquor License Application #: (circle one (Arizona application #) 2. County of: Pima , Arizona. City Town/ ounty #: Marana P. n I 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) and a boundary map (name of entertainment district) (date of resolution to create the entertainment district) of entertainment district must be attached. 4. The Marana Town Council at a regular (governing body) May (month) (regular or special) 2015 considered the application of (year) meeting held on the 5th of Giant Store #612 I 19 "V i (name of applicant) for a license to sell spirituous liquor at the premises described in application 10103776 (Arizona liquor license application #) for the license series #: type # 10 : Beer & Wine as provided by A.R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Giant Store #612 (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Dated at Marana , Arizona on 5th Ma 2015 (location) (day) (month) (year) Jocelyn C. Bronson (printed name of cit ( town o county clerk) (signature of city town r county clerk) September 30, 2014 page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Marana Regular Council Meeting 05/05/2015 Page 57 of 100 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 05/05/2015 Page 58 of 100 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 05/05/2015 Page 59 of 100 - r C? RANA -P 115 5 5 W. CIXgC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item L 2 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: May 5, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a New Series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 85642 (Jocelyn C. Bronson) Discussion: This application is for a new series #10 Beer and Wine Store liquor license at Giant Store #628, 12030 N. Dove Mountain Blvd., Marana, Arizona 85642. 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 05/05/2015 Page 60 of 100 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 New series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 85642. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a New series #10 Beer and Wine Store liquor license application submitted by Roger Kenneth Burton on behalf of Giant Store #628, located at 12030 N. Dove Mountain Blvd., Marana, Arizona 8 5 642 . Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of License Tye Marana Regular Council Meeting 05/05/2015 Page 61 of 100 r Vr -t %3 ti 1— Arizona Department of Liquor Licenses and Control P. � .800 Vilest Washington, n i Pho'enix, Ariz_ 6na .85oo7 av :.w vw:a i i u a r. vW APR 0 8 Y� f 42 -542 -514.1 Town of Marana APPLICATION FOR LIQ UOR LICENSE.- Clerk's office TYPE 0R PRIIWT'll WITH LACK IN , Notice: Effective Nov. 1, 1997, - All owners Agents, Partnars :Stockholders Officem or Dana ers actively involved in the da y to da y operations of the business must attend a Department e liquors haw tr2lning course-or'proVi proof of attendance Within the last five years. See page 5 of the Liquor Licensing requirements: SECTION 1 This application is for a; : SECTIOIU 2 T e of ownership E THAN ONE LICENSE yp ; p 0 MORE .:, * INTERIM PERMIT Complete Section 5 J .T. W. R.0. S. Complete Section 6 ® NEW LICENSE Complete Sections' .3, 4, 13, 14j-15 © INDIVIDUAL Complete Section 6 PERSON TRANSFER (Bars & Liquor Stores.ON�Y El PARTNERSHIP Complete Section 6 Complete Sections Z 3, 4, .11 13, 15 16` El CORPORATION Complete Section 7 LOCATION TRANSFER (Bars and. Liquor Stares ONLY)-'. l LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 7, =13 15, 16 l=l CLUB vrriplete Section S 17 PROBATE/WILL ASSIGNMENT /DIVORCE. DECREE' ❑ GOVERNMENT Complete Section 10 Complete Sections Z, 3 1 '4, 1 '9 y 13, 16 (fi not required )' [3 TRUST C omplete Section 6 0 GOVERNMENT Complete Sections Z 3, 4, 10, 13, 1,5, .16: C] OTHER (Explain) .owMr .mwwe �� �� ..�..�w r..i� �....�� r...+..■ �� w...r..■ : ....+� ..w.r .....�.� ,r...�w �....«M .....mow ■w�wrr �� w�w. err. w..ww.r w S ECTION 3 Ty of license and fe LICENSE #( 1 S yp 1. Type of Licenses ): Beer and Wine Series 10 Department use only 2. Total fees attached: $ s APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44 -6852 will be char ed for all dishonored checks. .rwMn. w�. � � � N. � � .......w ■mm. .....�. .....� �.....r.. ...� .. ..w..w SECTION 4 Applicant Mr. Burton, Roger Kenneth I (ft)S Z Ls;�_)� 1. Owner /Agent's Name. 0 Ms. � (insert one name ONLY to appear on license) Last First Middle 2. Co rp. /Partnershi /L.L.C.: Western Refining Retail, LLC a p (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name. Giant St ore #628 EA (Exactly as it appears on the exterior of premises) 4. Principal Street Location 12030 N. Dove Mountain Blvd Marana Pima 85642 (Do not use Po Box Number) City County zip 5. Business Phone: 520 -744 -6280 Daytime Phone: 602-286-1922 Ern i roger.burton@wnr com i W 6. Is the business located within the incorporated limits of the above city or town? EYES l7NO 7. Mailing Address: 1250 W. Washington Street # 101, Tempe, AZ 85281 City State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type $ Type $ DEPARTMENT USE ONLY Fees: (2D Application Interim Permit Site Inspection Finger Prints $ TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? ,YES ❑ NO Accepted by: '� t� Date: "� y � � Lic. # 1171 2093 *Disabfed individuals requiring special accommodation, please can tuuc) o4L -vu« . Marana Regular Council Meeting 05/05/2015 Page 62 of 100 SECTION 5 Interim Permit: i rw 1 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4- 203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location 10103624 4. Is the license currently in use? 0 YES [l NO If no, how long has it been out of use ? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I Roger Kenneth Burton , declare that I any the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. State of County of ffw lop X 40 e4lot, The foregoing instru ent I all acknowledged before me this (Signature) lflann �..3 M commission e x p ires o Y PUS UG �' AflizON Y of , <2c L5 Y P rr"y Clay Month Year MARtCOPA 0U cis MY COMMission ,dune 10. 20`6 (Signature of NOTARY PUBLIC) SECTION 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: Last First Middle % Owned Mailing Address City State Zip Partnership Name: (Only the first partner listed will appear on license) ­_ Ge neral- L imited Last First Middle % Owned Mailin Address City State - Zi p 0 El ❑ ❑ ❑ ❑ ❑ ❑ } Y R A s S E C E N F I T 2 Marana Regular Council Meeting 05/05/2015 Page 63 of 100 2. Is any person, other than the above, going to share in the profits/losses of the business? E] YES 0 NO If Yes, give name, current address and telephone number of the person(s). Use additional sheets if necessary. SECTION 7 Corporation /Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICA11VU- tWI 1 6 PITT CI RD, AN $22 PROCESSING FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, Z 3, 5, 6, 7, and 8. Z L.L.C. Complete 1, Z 4 5, 6, 7, and 8. 1. Name of Corporation /L.L.C.: western Refining Retail, LLC (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 09/25/2014 State where Incorporated /Organized: Delaware 3, AZ Corporation Commission File No.: Date authorized to do business in AZ: 4. AZ L. L.C. File No: R-- 1954747 --6 Date authorized to do business in AZ: 10/2/2014 5. Is Corp./L.L.C. Nonprofit? ❑ YES ONO 6. List all directors, officers and members in Corporation /L.L.C.: Last First Middle Title Mailing Address City State Zi Western Refining Southwest, Inc. Sole Memb 1250 W. Washington Street # 101, Tempe, AZ 85281 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10% or more: Last First Middle % Owned Mailing Address City State Zip Western Refining Southwest, Inc. 100 1250 W. Washington Street # 101, Tempe, AZ 85281 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director /officer /member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO 3. List officer and directors: (Attach a copy of Club Charter or Bylaws) Marana Regular Council Meeting 05/05/2015 Page 64 of 100 (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Western ltefiuing Southwest, 1xic. Sole Member o£ "Western Refizing Retail, LLC The following officer.r are officers of. Western Refinzng Retail, LL C and Western Ref ning Southwest, Inc. Robert C. Sprouse, Vice President-Retail 1250 W. Washington St., # 101, Tempe, AZ 85281 Gary R. Dalke, Chief Financier( Officer .1250 W. Washington St., # 101' Tempe, .AZ 85281 William R. Jewell, Chief Accounting Officer 1 250 W. Washington Sf_, # 101, Tempe, AZ 85281 Mark J. Smith, President — Refining and Marketing 1 250 W. Washington St., 4101, Tempe, AZ 85281 . Giant I Inc. . 100% stockholder of Western Refm.ing Southwest, Inc_ Western Refining, Inc. (NYSE: NVNR) — Publicly Traded Company 100% s-tockh.older of Giant Industries, Znc. The following officers are officers of. Giant Industries, Inc. and Westem Refining, Inc. Gary R. Dalke, Chief Financial Officer 1250 W. Washington St_, # 101, Tempe, AZ 85281 William R. Jewell, Chief Accounting Officer 1250 W. Washington St., # 101, Tempe, AZ 85281 Mark J. Smith, President — Refining and Marketing 1250 W. Washington St_, # 101, Tempe, AZ 85281 Marana Regular Council Meeting 05/05/2015 Page 65 of 100 SECTION 99 Probate, will Assignment or Divorce Decree of an existing 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. S ECTION 10 Government: (for cities, towns, or counties only) 1. Governmental Entity: 2. Person /designee: Last A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensee's Name: (Exactly as it appears on license) 2. Corporation /L.L.C. Name: Last First Middle First Middle Contact Phone Number Entity: (Indio., 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 City, State, Zip 5. License Type: License Number: 6. If more than one license to be transfered: License Type: License Number: 7. Current Mailing Address: Street (Other than business) City, State, ,dip 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO g. Does the applicant intend to operate the business while this application is pending? Ll YES ❑ NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 10. 1 , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1 , declare that I am the CURRENT OVVNER, AGENT, MEMBER, PARTNER sprint full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 1 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 05/05/2015 Page 66 of 100 SECTION 1 2 Location to Location Transfer: Bars and Liquor 6 ''& '2* L L b4 APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL. IT IS APPROVED BY THE STATE 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address 3. License Type: License Number: 4. If more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in -state applicants excludin t e a i or over hgt and estaurant li enses (series 5, '11, and 12): A.R.S. § 4 -207 (A) and (8) 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- 205.42) b) Hotel /motel license (§ 4- 205.01) 1, Distance to nearest school: 1 9,008 0 Government license (§ 4-205.03) d) Fenced playing area of a golf course (§ 4 -207 (13)(5 )} ft. Name of school Ironwood Ridge High School Address 2475 W. Naranja Drive, Oro Valley, AZ 85742 City, State, zip 2. Distance to nearest church: 14,255 ft. Name of church Thornydale Family church_ Address 10501 N. Thornydale Rd. Tucson, AZ 85742 City, State, Zip 3. 1 am the: RI Lessee ❑ Sublessee El Owner El Purchaser (of premises) 4. If the premises is leased give lessors: Name beating Securities, LLC Address C/O Teich a nd Walnter, LLC µ 1980 Mountain Blvd. # 202, Oakland, CA 94511 City, State, Zip 4a. Monthly. rental /lease rate $ 7,379.17 What is the remaining length of the lease 13 yrs. 6 mos. 4b. What is the penalty if the lease is not fulfilled? $ or other Lose Site (give details - attach additional sheet if necessary) 5. What is the total busi indebtedness for this license /location excluding the lease? $ 0 Please list lenders you owe money to. 5 Marana Regular Council Meeting 05/05/2015 Page 67 of 100 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for (be specific)? Gas Station /Convenience store SECTION 1 continued _ �� }} } F � T tias a license or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES N NO If yes, attach explanation. 8. does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES M NO 9. Is the premises currently licensed with a liquor license? ® YES ❑ NO If yes, give license number and licensee's name: License # 1 0103624 (exactly as it appears on license) Name Roger Kenneth Burton SECTION 14 Restaurant or hotel /motel license applicants: 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: -- ----------- ---- --- - -- and license#: Nast First Middle 2. If the answer to Question 1 is YES, you may qualify for an interim Permit to operate whileyour application is pending; 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 operation Plan (Form LIC0114) provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4w205.02.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 ❑ 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 (B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information" tab. applicants initials SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: El Entrances /Exits 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? 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( where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4 - 207.01 l 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. jQ 1 applicants initials YES ® NO Marana Regular Council Meeting 05/05/2015 Page 68 of 100 SECTION 15 Dia of Premises k 4. In this dia please show onl the area where SP 1-TI-tuous li is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dinin tables, dinin chairs, the kitchen, dance floor, sta and g ame room. Do not include parkin lots, livin q uarters, etc. When completin dia North is up 1. If a le cop of a renderin or drawin of y our dia of premises is attached to this application, please write the words "dia attached" in box provided below. -Q y p SECTION 16 Si Block I, Ro Kenneth Burton , hereb declare that I am the OWNER/AGENT filin this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verif all statements to be true, correct and complete. X A0910 ( Sidnatur of ap t listed in 1WMWCM61WA- 1 NOTARY p - A RI'4,04 MARICOPA COUNTY M Co mmission E�pirl-)S Ju ne 10, 201 M commission expires on: 6a Month Year I State of VA Cl�)ck, Count of 64k The fore instrument a acknowled before me this k i n., r *3 e D y , Month Year si of NOTARY PUBLIC 7 Marana Re Council Meetin 05/05/2015 Pa 69 of 100 6628 Store L yout �w •r �mt ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov (602) 542 -5141 AFFIDAVIT OF POSTING April 14, 2015 Date of Posting: Applicant Name: Burton 'r 7912 � C r ONI qR � Date of Posting Removal: Roger Print Form Kenneth Last First Middle 12030 N. Dove Mountain Blvd. Marana 85742 Business Address: 10103784 License #: Street City Zip hereby certify that pursuant to A.R.S. § 4-201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name of City /County Official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542 -9027 L ic0119 4/2009 Marana Regular Council Meeting 05/05/2015 Page 71 of 100 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 III www.azliquor.gov` (602)_542 -5141 �� pro . _ :.; _ Local Governing Body Recommendation - A § 4- 2 01(C) . k f Marana - ti 10103784 1. City or own f: r Liquor License Application #: (circle on , (Arizona application #) 2. County of: Pima , Arizona. City / ow County #: Marana P. n 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) and a boundary map (name of entertainment district) (date of resolution to create the entertainment district) of entertainment district must be attached. 4. The Marana Town Council at a regular meeting held on the 5th of (governing body) (regular or special) (day) May 2015 considered the application of Giant Store #628 (month) (year) (name of applicant) for a license to sells irituous li uor at the remises described in a lication 10103784 p q p pp - (Arizona liquor license application #) for the license series #: type #10 Beer and Wine Stor provided by A.R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Giant Store #628 (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Dated at Marana, Ar izona on 5th M 2015 , (location) (day) (month) (year) Jocelyn C. Bronson (printed name of city own r county clerk) (signature of city, own county clerk) September 30, 2014 page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Marana Regular Council Meeting 05/05/2015 Page 72 of 100 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 05/05/2015 Page 73 of 100 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 05/05/2015 Page 74 of 100 - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item L 3 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: May 5, 2015 Subject: 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 Theresa June Morse on behalf of Bianchis Italian located at 3620 W. Tangerine Road, Marana, Arizona 85742 (Jocelyn C. Bronson) Discussion: This application is for a new series # 12 restaurant liquor license at Bianchis Italian located at 3620 W. Tangerine Road, Marana, Arizona 8 5 742 . 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." If the Council's recommendation is for disapproval, the order must include an attachment stating Marana Regular Council Meeting 05/05/2015 Page 75 of 100 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 new series # 12 restaurant liquor license application submitted by Theresa June Morse on behalf of B ianchis Italian located at 3 620 W. Tangerine Road, Marana, Arizona 8 5 742 . OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new series # 12 restaurant liquor license application submitted by Theresa June Morse on behalf of B ianchis Italian located at 3 620 W. Tangerine Road, Marana, Arizona 8 5 742 . Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of License Tye Marana Regular Council Meeting 05/05/2015 Page 76 of 100 Arizona Department of Li Licenses and Co n"'trol RECEIVED 800 West Washin 5th Floor APR I -4 2015 P . hoenix, Arizona 85007 www.azli Town of Marana 602-542-5141 Clerk's Office APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All owners 3 A g ents, Partners, Stockholders, Officers, or Man actively involved in the da to da o of the business must attend a Department approved li law trainin course or pro proof of attendance within the last five y ears. See pa 5 of the Li Licensin re SECTION 1 This application is for a: SECTION 2 T of ownership: ❑ MORE THAN ONE LICENSE ❑ INTERIM PERMIT Complete Section 5 1:1 J.T.W.R.O.S. Complete Section 6 * NEW LICENSE Complete Sections '2,.3,4,13,14,15,16 ❑ INDIVIDUAL Complete Section 6 * PERSON TRANSFER ( Bars & Li Stores ONLY ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3.1 47 11, 13, 15., 16 1:1 CORPORATION Complete Section 7 ❑ LOCATION TRANSFER ( Bars and Li Stores ONLY 9 LIMITED .LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 73, 15, 16 ❑ CLUB Complete Section 8 1 PROBATENVILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 16 (fee not re ❑ TRUST Complete Section 6 ....... ❑ GOVERNMENT Complete Sections 2,3,4,10,13,15, 16 ❑ OTHER ( Explain ) NOMMENOW SECTION 3 T of license and fees LICENSE # L/ 1. T of License SERIES 12 - RESTAURANT Department Use Onl 2. Total fees attached'. $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLg- The fees allowed under A.R.S. 44-6852 will be char for all dishonored checks. l� � � �� �:;' SECTION 4 Applicant El Mr. MORSE 1. Owner/A Name: 0 ms. THERESA JUNE ( Insert one name ONLY to appear on license) Last First -Middle 2. Corp./Partnership/L.L.C.:— DARAVV LL"C () (Exactl as it appears on Articles of Inc. or Articles of Or 3. Business Name: BIANCHIS ITALIAN (Exactl as it appears on the exterior of premises) 4. Principal Street Location 3620 W. TANGERINE ROAD 5. Business Phone: PENDING (Do not use PO Box Number) cit Da Phone: 480-353-8035 Count Zip Email .TJMORSE1208@Q.COM 6. Is the business located within the incorporated limits of the above cit or town? P9YES ❑ NO 7. Mailin Address: 530 E. MCDOWELL RD. STE 107-241 PHOENIX AZ 85004 Cit State Zip 8. Price paid for license onl bar, beer and wine, or li store: T DEPARTMENT USE ONLY Fees: Application MARANA PIMA 85742 a C Interim Permit Site Inspection Fin Prints $ Is Arizona Statem t of Citizenship & Alien Ssta us For State Benefits complete? Accepted b Date: Lic. # 1/7/2013 *Disabled individuals re special accommodation, please call ( 602 ) 542-9027. Marana Re Council Meetin 05/05/2015 Pa 77 of 100 T $ �oL 0- TOTAL OF ALL FEES �I YES ❑ NO 1 v2ib 3 b 5 1 SECTION 5 interim Permit: 1 . If you intelid to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? ❑ YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUE] AT THE LOCATION TO THIS APPLICATION. I , , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. State of County of X The foregoing instrument was acknowledged before me this' : -F ! (Signature) day of My commission expires on. Day Month Year (Signature of NOTARY PUBLIC) sr � lrr+�r+n! I�+�+rnwlr � � w� � � � � MrwrwNrwrrrl �arr■rr�uMrw >grrw�w� wgrw prwWUwrp I�aw � � rpwraMameo m�rauq p�r�eapopra�p t 3 SECTION 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: Last First Middle % owned Mailing Address City State Zip Partnership Name: (Only the first partner listed will appear on license) ('3 --1 imitPri I apt Firgt Middle Q/k (NAincnr1 hAnilinn Arlrlrpcc ('_if►r �gfnfa Tin ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Marana Regular Council Meeting 05/05/2015 2 Page 78 of 100 ) Y R A S S E C E N F 1 2. Is any person, other than the above, going to share in the profits /losses of the business? E1 YES ❑ NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. SECTION 7 Corporation /Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, and S.. f� L. L. C. Complete 1, 2 4, 5, 6 7, and 8. 1. Name of CorporationlL. L. C. . (Exactly as it appears on Articles of Incorporation or Articles of organization) 2. Date Incorporated /Organized: :� 0 State where Incorporated /Organized: ARIZONA 3. AZ Corporation Commission File No.: Date authorized to do business in AZ: A. 4. AZ L.L.C. File No: L- L " 7 b 4 4 9 Date authorized to do business in AZ: 5. Is Corp. /L. L.C. Non - profit? 11 YES ENO 6. List all directors, officers and members in Corporation /L. L.C.: Last First Middle Title Mailing Address City State Zip BIANCHI VINCENT JASON KC � \ 452 N ROCKY SPRING CT TUCSON AZ 85745 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10% or more: 1 amt Firezt Mirlril� °I,, nvvnpd Mailina Address Citv State Zio f BIANCHI VINCENT JASON 100 3452 N ROCKY SPRING CT TUCSON AZ 85745 kA 1 I AU AUU1 11UNAL 5Ntt 1 I NLUtbbAV<Y) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director /officer /member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non -- profit? ❑ YES ❑ NO 3. List officer and directors: (Attach a copy of Club Charter or Bylaws) Last First Middle Title Mailin Address Pty State Zi M� lJpc(PnonAL�D*WTQ-V/ ZV;§SARY) Page 79 of 100 SECTION 3 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) 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 1 o Government: (for cities, towns, or counties only) 1. Governmental Entity: 2. Person /designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensee's Name: Entity: 'y (Exactly as it appears on license) Last First Middle (indiv., Agent, etd.j"I 2. Corporation /L. L.C. Name: (Exactly as it appears on license) •; 3. Current Business Name: f... (Exactly as it appears on license) 4. Physical Street Location of Business: Street City, State, Zip 5. License Type: License Number: 0. If more than one license to be transfered: License Type: 7. Current Mailing Address: Street (Other than business) License Number: 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. 1, , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1 , declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and complete. (Signature of CURRENT LICENSEE) My commission expires on: State of County of The foregoing instrument was acknowledged before me this Day Month Year Marana Regular Council Meeting 05/05/2015 4 (Signature of NOTARY PUBLIOEage 80 of 100 SECTION 1 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 . Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address 3. License Type: License Number: 4. If more than one license to be transferred: License Type: License Number: 5. what date do you plan to move? What date do you plan to open? S ECTION 13 Questions for all in- -state applicants exc tho se a p #�„g for g ove r nme n t , hot /mo a nd rest lice (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 ( 1 2 ) 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) c) Government license (§ 4- 205.03) b) Hotel /motel license (§ 4- 205.01) d) Fenced playing area of a golf course 4-207 (13)(5 )) n 1b 1. Distance to nearest school: ft. Name of school r .f . +•1 Address 2. Distance to nearest church: ft. Name of church Address C ity, State, Zi p 3. l am the: ® Lessee ❑ Sublessee ❑ Owner 4. If the premises is leased give lessors: Name Q LJ> r�Z> Address L 4 t N City, State, Zip [] Purchaser (of premises) w •� �, " � - c i4 C_ L C.0 z City, State, Zip 4a. Monthly rental /lease rate $9 What is the r maining length of the lease yrs. mos. 4b. What Is the penalty If the lease is not fulfilled? $ or other L.., �. (give details -- attach additional sheet if ecessary) 5. what is the total business indebtedness for this license /location excludin g the lease ? Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address Citv State Zin YV L 42 J' � � �Ll.�fdkL�U Axi N '�vc�or? 19 z 71I (ATTACH ADDITIONAL SHEET IF NECESSARY) B. What type of business will this license be used for (be specific)? ITALIAN RESTAURAN Marana Regular Council Meeting 05/05/2015 5 Page 81 of 100 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 N NO if yes, attach explanation 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES N NO 9. Is the premises currently licensed with a liquor license? ❑ YES N NO If yes, give license number and licensee's name: License # (exactly as it appears on license) Name SECTION 14 Restaurant or hotel /motel license applicants: 1. Is there an existing restaurant or hotel /motel liquor license at the proposed location? ❑ YES 2 No If yes, give the name of licensee, Agent or a company name: and license##: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate whileyour application is pending; 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 operation Plan (Form LIC0114) provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4-- 205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from all sales of food and spirituous liquor on the lice�8�pd premises. By applying for this ❑ hotel /motel ® restaurant license, I certify that I understand that I must maintain minimum of 40 percent food sales based on these definitions and have included the Re ur - t Hotel /Motel Records, Required for Audit (form LIC 1013) with this application. � applicant's signa re As stated in A.R.S § 4-- 205.92 (D ), I understand it is my responsibility to contact the Department of Liquor Licenses a 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 pry"Perly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready : fpr your inspection 90 days after filing your application, please request an extension in writing, specify y6y the extension is n66bssary and the new inspection date you are requesting. To schedule your site inspection + .azliquor.gov and click on the "Information" tab. applicants initials b SECTION 15 Diagram of premises: (Bluepri not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: 91 Entrances /Exits ® Liquor storage areas Patio: © Contiguous ❑ Service windows ❑ Drive --in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction renovation, or cede ign? ,,.YES El NO If es what is our estimated o enin date? �� y y p mo th /day /yea r 3. Restaurants and hotel /motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. Marana Regular Council Meeting 05/05/2015 6 appk@05 {09s 4. In this diagram please show only the area where spirituous liquor is to be sold, seared, consume dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi -top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up 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. D - �wGFm V '' L tA��'cG4ve ct ;:I J �i SECTION 16 Signature Block THERESA JUNE MORSE (print full name of applicant) application as stated in Section 4, Question true, correct and co ete. f s X (signature of applicant listed in ction 4, Question 13 M commission expires on: Y p Clay Month Year Marana Regular Council Meeting 05/05/2015 hereby declare that I am the OWNER /AGENT filing this 1. I have read this application and verify all statements to be State of County of The foregoing instrument was acknowledged before me this of * , /,!�, M onth Year IAL SEAL T signatur of E TAF � l Y PUBSIC - State of Arizona 'F MARICOPA COUNTY My Corrkm. Expires Julie 1, 2017 7 Page 83 of 100 I U V . 1 -.J FN Ii 3 Nq 3 , YJ Marana Re Council Meetin 05/05/2015 Pa 84 of 100 A st- L41 0 C � Q Marana Re Council Meetin 05/05/2015 Pa 84 of 100 ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov (602) 542 -5141 Date of Posting: Applicant Name: AFFIDAVIT OF POSTING 'r 7912 � 0 C qR � Date 6of Posting Removal: Last Business Address: Street License #: City Middle Zip I hereby certify that pursuant to A.R.S. § 4-201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name of City /County Official Title Telephone # Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542 -9027 L ic0119 4/2009 First Marana Regular Council Meeting 05/05/2015 Page 85 of 100 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 www.azliquor.gov` Z (602) 542 -5141 �V� sue.. � In r--- -r '0 - -look '60':0k - - - '11� / _ Local Governing Body Recommendation - A § 4- 2 01(C) . k f Ma rana r _ti - 12104365 �- > 1. City o Town f: Liquor License Application #: (circle one (Arizona application #) 2. County of: Pima , Arizona. City Town/ ounty #: Marana P. n I 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) and a boundary map (name of entertainment district) (date of resolution to create the entertainment district) of entertainment district must be attached. 4. The Marana Town Council at a regular (governing body) May (regular or special) 2015 considered the application of meeting held on the 5th of Bianchis Italian I e"V i (month) (year) (name of applicant) for a license to sells irituous li uor at the remises described in a lication 12104365 p q p pp - (Arizona liquor license application #) for the license series #: type Series #12 - Re s t aurantas provided by A. R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Bianchi s Italian (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Dated at Marana , Arizona on 5th Ma 2015 (location) (day) (month) (year) Jocelyn C. Bronson (printed name of cit ( town o county clerk) (signature of city town r county clerk) September 30, 2014 page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Marana Regular Council Meeting 05/05/2015 Page 86 of 100 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 05/05/2015 Page 87 of 100 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 05/05/2015 Page 88 of 100 - r C? RANA -P 11555 W. CIVIC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: May 5, 2015 Strategic Plan Focus Area: Community Item B I Strategic Plan Focus Area Additional Info: The Community Focus Area, Principal Statement 2 states "We will use unique and creative approaches to engage and reach out to citizens." Within this Principal Statement, Initiative 9 requires evaluation and continuous improvement of citizen participation and community outreach. The Marana Citizens' Forum is part of this outreach. Subject: Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Spring 2015 Marana Citizens' Forum regarding the topic "Marana- Tucson Zip Code Issue." (Jocelyn C. Bronson) Discussion: A presentation will be made by delegates of the Marana Citizens' Forum related to the Spring 2015 Forum topic "Marana- Tucson Zip Code Issue," The Forum delegates held five sessions which included a presentation on the town's previous efforts to change all postal addressing within the town boundaries to Marana addressing, data related to population within Tucson zip codes, sales tax revenues erroneously credited to Tucson, and voter information. The recommendations reflect a multi - faceted approach to the issue. The Town Council, upon hearing the recommendations, may seek additional information, direct further action by staff, or ask for the recommendations to be brought forward as future Council items. Staff Recommendation: Presentation only. Marana Regular Council Meeting 05/05/2015 Page 89 of 100 Suggested Motion: Council's pleasure. Attachments: No file (s) attached. Marana Regular Council Meeting 05/05/2015 Page 90 of 100 - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Glenn Phillips, Civil Engineering Specialist Date: May 5, 2015 Strategic Plan Focus Area: Not Applicable Item A 1 Subject: Resolution No. 2015 -042: Relating to Development; approving a release of assurances for a portion of Del Webb at Dove Mountain subdivision and accepting certain public improvements for maintenance (Keith Brann) Discussion: Del Webb at Dove Mountain is a 22.50 acre subdivision located south of Dove Mountain Boulevard and west of Los Saguaros Drive. The Town has a third party trust assurance agreement, recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20141080105 (the "Assurance Agreement "), assuring the completion of public improvements for the subdivision. The subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for a portion of the subdivision. The Mayor and Council of the Town of Marana are asked to release the assurances for Del Webb at Dove Mountain lots 109 -167 and accept for maintenance, regulatory traffic control and street signs, the following approximately 0.70 miles of paved streets located within the Del Webb at Dove Mountain subdivision: • Clear Creek Trail • Kaibab Trail • That portion of Bright Angel Trail west of Lava Falls Trail • That portion of Del Webb Trail located south of Cape Horn Trail Staff Recommendation: Marana Regular Council Meeting 05/05/2015 Page 91 of 100 Staff recommends adoption of Resolution 2015 -042 to accept public improvements and release a portion of the assurances for Del Webb at Dove Mountain. Suggested Motion: I move to adopt Resolution No. 2015 -042. Attachments: Resolution 2015 -042 Exhibit A Del Webb II Subdivision Marana Regular Council Meeting 05/05/2015 Page 92 of 100 MARANA RESOLUTION NO. 2015-042 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR A PORTION OF DEL WEBB AT DOVE MOUNTAIN SUBDIVISION AND ACCEPTING CERTAIN PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Del Webb at Dove Mountain is a 22.50 acre subdivision located south of Dove Mountain Boulevard and west of Los Saguaros Drive, according to the plat recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20141080105; and WHEREAS the Town has a third party trust assurance agreement, recorded in the office of the Recorder of Pima County, Arizona, at Sequence 20141080105 (the "Assurance Agreement "), assuring the completion of public improvements for the subdivision; and WHEREAS the subdivider has completed the public improvements to Town standards in accordance with the Assurance Agreement for a portion of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA as follows: Section 1. Del Webb at Dove Mountain lots 109 -167 are hereby released from the Assurance Agreement. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, the following approximately 0.70 miles of paved streets located within the Del Webb at Dove Mountain subdivision, as shown on Exhibit A: • Clear Creek Trail • Kaibab Trail • That portion of Bright Angel Trail west of Lava Falls Trail • That portion of Del Webb Trail south of Cape Horn PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of May, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2015 -042 Marana Regular Council Meeting 05/05/2015 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 4/29/2015 6:04 PM GWP /FJC Page 93 of 100 EXHIBIT A GBYEFML NOTES - 1 AU 0WffMX7W AAV R Sr AIMWS M%U n U � T P L�� PA vav� AnAuE SEvE r r� , . x STAPOW A7 ��� kil Piq aa�rrrr ��r 2 EnrnDfM� FOR PLe�C � � T F L IMPROVEMENT PL for- .� Y � lr aw¢TETr of s>,cnaM z3, r -rt -� R -1z� As �+�rr ON �ru. Pur OF 5 � D '� 4 � `~ OS Mas AT W YOUN AS u IAM, cars 1-91, R RVW N WW 57 OF YAPS SOME - r NILE p a PLATS AT AWE u 5� a Aer�'Ta DEL WEBB AT D MOUNTAIN, f:r 9 JrMT TY F+i1r�` FE74 r16 9; W ,� -�4#� 3' R,1Y�i 9 �}4MM a XK inJM+911i mxu% w m 4m u"" mm. . MTV TN3 �' ,� In rr MT rs w aim-W L DTS f09 -��7 � _ � F c 3 r1 4f m wt A J C OORPATTC1NMf SAFETY Ah0 r • l DI�F ! A7 .,OfF �v. ` �L M. PUBLl� STREETS u�Mrrwam mma CALL ar o xw (r�smN -M M YERWY LoaM M of uP1+W NO Ru NORkm U DAYS FTPXi4 7o comov � w OF ANY c%Gm enaL r r err ii Mr ��� ■� IL AQ 0 uw ENG1401 -002 7 AFL REWSIOW TO DEW DIMS W57 HE APPROWD W MW OMEER P" TO ooRunkcrm X mope =1r EW Q . , No ALL vow WMLL W Gry m To PE t a ALL MW sFwL caro3olar TO STAFraMhi7S FW aaMDxlc AND Frt7,Mrm SITE AMID + .F. rf {iii ON 1HEg PLAHti ND frORK SHMr1 LYtE _ -� LOCATION FYAIY • f ME 19 OF 7W TCAIPM OF SWIM 9M DEwE1g%W COOS PLACE WMDE OF TW MM SHOW ON TIES£ RAW f4� gLY10lIr 2$ TTTS; RIB Q. ALL oo,M & SIMLL ONRY WMM PCIODT sal 56�7xw 1OK OIASS S, Aom 35. ALL PROTOCOL OUTL*0 AM OW DM VOUWAN 02WMIM no tT1tL a� FM7L AM, y � DtARNiiL rarrM OF" AWWK PW m7RMTr, AWW P51 CWrPMMWE SMU47h AT 211 alts I NJW offZR W QED. X Wye MraICMP DWtL ZMW 7i' 7W 72M (Or WOAAW + WrjC 00EYFIX P.M +79 � . oDfr>taM�7aa giwc " pu> Farr -�rrr [�s) tinuRS rMOrx ra TM ► swk av W &W W 5E MW A �+r W s e Err. r*W ID rO 5E WRIC OF TW ENr�FE T AW (48) AE LM PAOP * A1TTHOl A M WAVI row WMft P WE A" 41W Of — Of �I��e SHALL DO- WEEW AT DOVE MOLRVTAJV of � k ALL IMM '4v7K D p %E TDMM / LaTS 1 - 1OB SUr7M AmsEr Fm mm OUT ANY Pomm OF TFE ow FE goo xw 04 Of 1�11M � � � 147 4 :� �[ A�J� ��i � id* a Poo AU 3rAlE f#7LLTi rs9MRr m Off LW ANO cEMMEL4 ,n AYY & ft MMAWS TFN FALL ON A QUWM? - 5E7W Ca%ER OR 61 4TR SN4U �� 'sru Ar PErr � } ° LEE 1r. TFE aNR CTDR SLAWL PREME ALL STAKES SET FW BE L*13� LEVE7S at aE PER MO OF WWM SO Y -Tau MW MS REST BY THE &"EM ANY E1PEFRSE NaOWD M RRA= ANY STAKES ' HOf11h�Rr M + Ammon AOM Mo, MQ yy x - r T Ft Man TW LriMOEACTGR OR HE Sf190lLS>•MATES ANY WYE FAILED TOP T�F zau Damp rroFV+rLbponn C~ E 19 0 ' �� O T *rt'+� ++� •552 Emt Cif LomoN D9106 5FREEr WITET W P2. Ir m- C CC 'I!PtT A) rAftfraq -4 dw A{r ; F Tueaon. AZ nr12 AL WYER REDUIRED MR COWAG"M AM FW 7W A�TMM CF LILT FOr *E 3 � ` � - - - - - E � +� -W +, DE cosy TTttAE� S . 1i rM� LET J% gym. I ; �� Ho Tr Pi1r�Exr E]fGTIrR7 PAMM7ENr 17. RE CONM%7W YAU BE IMF FW THE GIN; YWRn AWFT S f"M OR PA- -� ' 4 L _ AIlI� - IPF]°LACWff OF DRS= 4FROW39N 5 M 7W 9M ARM WCN 44VE BFEN • FDUMO S AVEr AIDMAMAFTIr REIV ED OR OWED DfAMW THE =#?Z OF C MUMWYM ALL RV9W "olc hW OR Wwr l W W PO W XVIF Or PC Laid A = 4 F_IK F- t3 "{ [C- ZAn 1`1 TV ar TI F A6 -9 v I -: Aril N' ra - ,,L% I) Gnu y WORM 1f. almV air amm Affmm .m q! cans o ft mm Ac Clu" Pau ft awwM'F Pv ]a 0 q9 udo4v 00 %=►'GI piCa�11]Ems] o►� �i�15 �E°ttif:n!!! waic� gastt� Pn A.rJ AS - �1� ; a {. � Sial'RFrffl - I' 1'� 5 4 17� £ opw FRoc h PW ramw ivCV F -` Col pJLA - S - ) LAkbeZ M Sv J IL J�F OW ��ZlrSIPill ❑,{� a CF W% iiOd= MM MALL : P�i7fi� AlG � � � � - � I � � 1 �� �- A f U �( C S I �.[ -� f_ R LOU f Dfb7pMG [a0rMI0TR25 �- i7 i11G+ a �[ L�K t i> [4!Ct 1 7 o z r mowQ ETC. Diu W rr Ate wL+ W www_ aF To �1L � A � Sr o r ►tip k r l ul _ E ] � t� � �� q ,F F mm =%% ,7 ym iw= # aE VA-T & k mw FURatMNr � � �� �- TMEMV PL6LtC SEWER LdME x/ AEMY iNNaTOiE TO ARS 2 i-6M j ' 1 F j REV His }G A COPY OF RE APPIdDYE7) PL,VM St;ATL BE ATP! N AN EA90.Y ADC�E LDOM170N " L � �✓ ON DE SITE AT ALL TIES NOW mTsrRUM TlalM En G- 20]3-0D6 G-2013-029 Ni1VE Jo A r —sue DZY MS &W R THE Iv/ U4*X LE (APPROX LOaWN) } 17. IF fA>iMNR D 71E X OPE OF pd ARE EFLmerMr MO I 1E Ot E COURSE Vd THE OF cOls7>zUCTMT BEEN APPROVO 9Y RW AND HAW � `� � - R — � -*7MA� i* uw W"= � AND ARE E &E1CfAD THE SC rFE �� T EA�EII7 9iALL Barr W � MMEMMR1' MW OR SEFFTErrAL rWPRM7ML W Puss FW AD ADCEprAAICE CONSMWTW RELFASF OF THE -%W ON TES —R — DEW AS ABED WMIER LOW (APPRac Tor,MrM) BY THE TOtOr EIV20E:k PLAN GWNOT BE RFJFASED fJNTiL THOSE PLANS WS SEEN REW SED F OR DlSCH+VdBE " —uaE— FaWW frMMMOM ETEUM (APPROK. LWMN) }g 7D WS PRIOR TD DESrRUCWN OR RUIOWML OF oMeW M CONYIMW si U NX" THE ARO" DEPA NNT OF AWUL7UFfE Ar (sm)M-53Ta _ 19 rOWM (IF SORS ONESrPaITM aA�IMW RECD NOMAroa FM AfW PROCfDI ES CAUTION: CWTRACW TO YERFY LODIWN CMA� ACCEIS SW PER F MK 5D 600- a0?- OR am, MW REM PFMWZ BY PATT75aM EMtWffF SIMOW = AS FIDUOIIIS: (NORIIONTAL & YEh7 C4. AF GARY) d F � - 4 0 ; _' ; / fi b / JW 4 y �G . - g W o d �'%;W podL% ' OF D AU 1 ■Gy} 111 �IAIJTIES Pfi= ! '� L �, j �ti_ � � � KdaT iclo 9 CA4 Rnwq .11 �y ■ �W Yd .� y i lei. yX r� py V � kL +..,..yc,�,�� .yhP 9�y ��y� y •F FV .i1NR 4 �e�+Ly Ll3f 2 , ° �. x�} - Y ww.3 1•••�'F VOL CROSS SEi. M REFBWM3E 2D. THE SOLLS E XWEER 2WI OBSERK PS%V AND TEST ALL EARIFRT W oPr MTIOFTS MCLTDW , avT WT UWO To aL4MW MMW SacrxiMDE NOTE ALL SPOT ME ARE } 41 PLACEMENr Arm�cr AW 799M EhaWMN AND e�a�tr, Tbc� xrm TOP OF PAUE�7VT/FTINfSTIm W" � } � }oa rF�vr FLOaDFxrorMF LW �Piry ALL . +' - - - - - -- ETMC>SICNM SETWX LOSE (T r.,Mr,,t UHLETiS OTFAERN9SE lIVUI(�4TEU. � �, PROPOSED 1iMAmre i F�aR Pc/hor m }as �r. cnMngMCTA�M M ALL F>1.1 ASS SHALt HE TO A usrir OF 9= IT DE wxwAr I � k--- -z 1 POEM AS �TE1WO BY AASWM OEWMTW Tea, AETF47D A. HE AFUS Lo TO MEW FT1L APE TD BE SCARFED To A UM OF MV (10) WEX 9b0U III � �" � � � T� mo % O To TTE ARDrNDe iC WURE COYMIT AND COW WW TO 7W APOW O MEW ME ' ARFiM SMOKE OF Fu MWf]WL SHALL W APPROMED Err IW OWNER PAyDR 7D +i4 C:> aAM7OM14R WLW mmmR CV �. Lo of aaFrc TE575 of FILL idiTETPTAf NIT BE OavE A 714E 000M , -. - - -: _a" I O W5 tw IOW Y ' '�varr ,• A4� ^M�' fJlLT 2z K amw 9w ow o t ff rtm [[ w am fffl -r .4 www wlD of N'FG - ! iTr" eNAOD Mj A OW AIDS LnANEHS1 M OF +2-f5' rY , yc ,�-A ,lf � M M MW 2P F].EVA WAIS TO haw 88. Lo me omw � M _ y I �� xl . am =I= �+� COQ lo KlEm - in � iSr X4 �r ?-DN A ASINkRC CONCRETE SiiYL CAWORr W" PCICO' M SM" Q& i.x A T � 2s. A RE20M 009NEER 9,5r CMI-Y TFiMT 7W PROECT MS CONSIRMX70 AV 511&STAHILAL � � �- � '`; � N i9R'�� JU !� K3G top F7 A� Imo'' K i D SPEaIFlavlors (s�. DY" AU AIR � &x CaiFDR WKE WAIN RE FOR FWL OGWM APPR FRMS /� F'7o � O R 77[ 7W RB7 AGEASE � 1 �y flE5T KMf/ n {�� A& *�J'�� M4 � A � �...��.%C Q9E3 :kT it } ff � �� iirr f�%�+�� 2M£ NOW PLOM AWr eE FLAWED AW PR01EM:7PIE FEFIOW MJSr BE AWA LED AS REMWED BY,7ieNUPME PLAAIT PI�PrPIIR1A1 PLAN PFaa? 1V AW GIiMOrfG KW. ,�I� iF PITL>E m". MC ,.� � ro ATTIt AM SWRH 27. A Tmw-i -mr P9mr 6 RE191T m FDR eons AL16T7UfM Ism 7w Pwc mW-.OF Pw A �'� ` �ri A Z ? 3 �2- ZA 7r- 3-31- r "� =4 Myth rTLY� W. N. CoLw Rr ale &M al-. Sim AID ryblAMrEiAYS DFIRES Affiff 2n LO 7UM, MOM 85716 IF AACK48 CAL WYERIALS ARE wU� OMrWC TW of OOKSRM =OK THM Wsr ADWITM Or � TOW OF U49ANiM � 1 ' ;MW "` 01WM ' a•* ■ i°. � �� � aE NAAOM2D MR THE OoAVl OF Tiff AW CORPS OIL E CPa AM PEAW MSUED FOR TiW PRaw �� v � 1 A� M4�1Ff f WR A Err ALA �A� ag I'. � Aff T aMIL r - - .. BarE 3 - I+ i i 1, 3 4 ; tt- i La -q ' �,a iiO�iddrr O RZ � it RE WA a� W +tire �4 � °�� � V h9 .i 7'# A%� SRFE � IF .....s.m ibumml ; nj=w rte° r 'LrifL Rt}FEEKE' /PRrr -Yja -P, PR1t- O®74F/k Wv -1107 W TO A.RS -dl-R& X 7W oDNTWrae 2 ALL W MM A Tarty of iiMllurM WIT-OF-MY Pf]W AID safDLIME A or oATE 3 ^off I - I+� PLf C PA VIAIo , DJ�AIIII SE lWR0I�HMffNr PLANS SY E� XIDEX Ain � � � � {� SPAMMIN.sf), (L) - +aMSTaucBOM MW AE MW OF WJ" RA�1T��OM i�ELM PIER TO n=r CF M*PW FF W IW — f PRE O OOrrETMCt71f]Vr OF ANY MW WW 7W PI19lC RIOHr-0F�IY. 31. T1E CDNrAACTr1R AND ALL ST@CWBM+MCM 9iQL 09DMN A TDWFf OF WON &WNESS LWISF f COVER SYIfET �` BETA Tlpmaa%MoFae w j WMATI)OWAIOUNTAN(SK NO 20i91=Ain% POW To CONDOM OT OF ANr WW A 2 -6 arm & Peru! PADNR McLn-zfl - lj A nwmarrAnpoc,L =ari iae �.�or7rxwM•r�rorL� � TssMSAr'+,Wr i••r oi7r~+•s; * +r sera 7 DETAILS :o* AAVAatAWlns=OFAPVff 0FAc M2Z T"A WX (u ilMAli *r X CD61U� i $rT'r M , r14 r OM r W rif AAEM 9 57R}PfNG d SP44GE PLAN +i7 A=0-7 _, OL9RB�i1, TDIMTOF T'�IaOOfAlrrY c: •a MtW n ELrmmak vY oDcnt cock ►L�Mf' f4 DEPT MLW Mc Pam AT]�O w mMSTE1 7p wam7aM Pew) WE �I�F 8t M*R n #P..S mike f1r�EGm k l i ( ��f.� ..�.���? T� 1 �,� �a•R� MMi ��+,••�wFw Era Ik�F +�•:€��• - r C? RANA -P 11555 W. CIXgC CENTER DI I - T. KARANA. ARIZ ONA 8 5 6 5 3 Item A 2 To: Mayor and Council Submitted For: Curt Woody, Director of Economic Development and Tourism From: Jane Fairall, Deputy Town Attorney Date: May 5, 2015 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Principle Statement 3 - We will seek and retain diverse industries and commerce in order to promote sustainable economic health. Initiative 23 - Implement the tourism master plan and partner with local industry to expand Marana's tourism outreach. b. Allocate financial resources for marketing and partnership opportunities. Subject: Resolution No. 2015 -043: Relating to Economic Development; approving the Lead Generation/Destination Marketing Program and authorizing the Town Manager to administer it (Curt Woody) Discussion: The meetings and conventions industry generates approximately one trillion US dollars in economic impact in North America. More than one billion US dollars in tax revenues is realized and almost seven million much - needed jobs are supported by the industry. Official destination marketing organizations (DMOs) are responsible for increasing the economic benefits of tourism and meetings to their respective destinations. They do this, in close collaboration with their local industry partners, by influencing organizations to hold their meetings and conventions in their destinations and ensuring a successful experience. Recent research demonstrates how destination promotion also acts as a catalyst of economic development in a broader sense as well. The proposed Lead Generation /Destination Marketing Program seeks to heighten awareness of the Town of Marana as a visitor and meeting destination, increasing Marana bed and other transaction privilege (sales) taxes and building awareness, familiarity and relationships in commercial, institutional and individual networks that attract economic development and investment. Marana Regular Council Meeting 05/05/2015 Page 95 of 100 The program will accomplish this by authorizing the expenditure of budgeted tourism dollars on items and events such as: • Participation in Buyer Education and Familiarization (FAM) Trips hosted by Marana tourism - related businesses and organizations, including purchase of airline tickets, accommodations, and food for attendees • Participation in tradeshows and customer events expected to generate interest and business for Marana tourism - related businesses and organizations • Purchase of lists that provide contact information for meeting planners, travel agents, media representatives, and travel bloggers Businesses wishing to participate in the program must submit a written proposal to the Town describing the activity for which funding is sought and the expected benefit or enhancement to the Town's economy from the activity. The businesses must also submit a written report detailing the outcomes of the funded event or activity after the fact. Financial Impact: Fiscal Year: 2015 Budgeted Y Y /N: Amount: $20,000 of which $5,000 is available For FY 2016, the tentative budget currently includes $30,000 budgeted for lead generation services Staff Recommendation: Staff recommends approval of the program. Suggested Motion: I move to adopt Resolution No. 2015 -043, approving the Lead Generation�Destination Marketing Program and authorizing the Town Manager to administer it. Attachments: Resolution 2015 -043 Exhibit A - Destination Marketing Program Description Marana Regular Council Meeting 05/05/2015 Page 96 of 100 MARANA RESOLUTION NO. 2015-043 RELATING TO ECONOMIC DEVELOPMENT; APPROVING THE LEAD GENERATION/ DESTINATION MARKETING PROGRAM AND AUTHORIZING THE TOWN MANAGER TO ADMINISTER IT WHEREAS A.R.S. § 9- 500.11 authorizes the Town to make expenditures in support of economic development; and WHEREAS the Mayor and Council adopted the Marana Economic Roadmap on March 2, 2010, to establish Marana's vision and action strategies to attract job growth and private investment in the town limits; and WHEREAS the Roadmap contains five focus areas, three of which are directly advanced by this resolution Focus Area 1 (Business Attraction, Retention and Expansion), Focus Area 2 (Resource /Business Support), and Focus Area 4 (Tourism and Visitor Experience); and WHEREAS the Roadmap directs Town staff to create various economic development initiatives and strategies, several of which are directly advanced by this resolution, including initiative 1.1 (develop and implement basic tools to market the community and provide assistance to existing businesses), initiative 2.1 (maintain policies, resources and tools that promote economic development), action strategy 2.1.4 (maintain an up -to -date portfolio of business incentives and policies and provide clear guidelines for their use), action strategy 2.1.6 (maintain a package of available tools and research best practices to identify new business assistance options), initiative 4.1 (develop Marana's tourism and visitor experience "product "), action strategy 4.1.2 (work with and support groups and organizations (e.g. non - profits and historical society) to expand heritage tourism), action strategy 4.1.4 (work with the Chamber of Commerce and local hospitality industry to develop a tourism and visitor experience marketing strategy), and action strategy 4.2.5 (become a destination for trade shows, conferences and other similar major events that will bring visitors to Marana); and WHEREAS the Mayor and Council find that the use of lead generation/destination marketing funds for economic development purposes is in the best interests of the Town and its citizens; and WHEREAS the Mayor and Council find that the Lead Generation /Destination Marketing Program authorized by this resolution will promote Marana as a visitor and meeting destination and make Marana more competitive in the attraction, retention and expansion of job- creating businesses and industries, driving broader economic growth; and WHEREAS the Mayor and Council find that the Lead Generation /Destination Marketing Program will generate more direct and indirect revenue than the costs of the program. Marana Resolution No. 2015 -043 - 1 - Marana Regular Council Meeting 05/05/2015 Page 97 of 100 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Lead Generation/Destination Marketing Program, as described and set forth in Exhibit A, attached to and incorporated by this reference in this resolution, is hereby approved. SECTION 2. The Town Manager is authorized to administer the Lead Generation/ Destination Marketing Program, and the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 3. This resolution is effective on June 5, 2015. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 th day of May, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -043 -2- Marana Regular Council Meeting 05/05/2015 Page 98 of 100 EXHIBIT A TO MARANA RESOLUTION NO. 2015-043 MARANA ::�=/I\ LEAD GENERATION/DESTINATION MARKETING PROGRAM Effective Date: June 5, 2015 Approved: Marana Resolution No. 2015 -043 GOAL The Lead Generation/ Destination Marketing Program heightens awareness of the Town of Marana as a visitor and meeting destination, increasing Marana bed and other transaction privilege (sales) taxes and building awareness, familiarity and relationships in commercial, institutional and individual networks that attract economic development and investment. PROGRAM ELEMENTS Pending availability of funding, the Town budget will authorize the expenditure of lead generation/ destination marketing funds to provide financial support to tourism- related businesses and organizations and to engage in other activities designed to promote the Town as a visitor and meeting destination. Authorized expenditures may include, but are not limited to: • Participation in Buyer Education and Familiarization (FAM) Trips hosted by Marana tourism - related businesses and organizations, including purchase of airline tickets, accommodations, and food for attendees • Participation in tradeshows and customer events expected to generate interest and business for Marana tourism - related businesses and organizations • Purchase of lists that provide contact information for meeting planners, travel agents, media representatives, and travel bloggers PROGRAM CONTACT Toby Parks, Tourism & Marketing Manager (520) 382 -1988 1 tparks@maranaaz.gov Marana Regular Council Meeting 05/05/2015 Page 99 of 100 ADMINISTRATION Businesses and organizations requesting Town funding pursuant to this Program must submit a brief, written proposal to the Town, describing the activity for which funding is sought, the expected benefit or enhancement to the Town's economy from the activity, and the amount of funding sought. Entities funded under this Program shall submit a written report to the Town detailing the outcome of the event or activity. The Town's Office of Economic Development and Tourism may also initiate events or funding in compliance with the terms and conditions of the Program. 2 Marana Regular Council Meeting 05/05/2015 Page 100 of 100