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HomeMy WebLinkAbout03/01/2016 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, March 1, 2016, 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 March 1, 2016, 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 03/01/2016 Page 1 of 91 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.maranaaz.gov 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 03/01/2016 Page 2 of 91 Proclaiming March 3, 2016 as St. Baldrick's Day in Marana (Jocelyn C. Bronson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS Pi Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Winter 2016 Marana Citizens' Forum on the topic "Smart City Technology" (Jocelyn C. Bronson) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C Resolution No. 201 6 -020: Relating to Utilities; approving and authorizing the Mayor to sign an Agreement for Construction of Water Facilities under Private Contract for the Willow Vista subdivision (John Kmiec) C Resolution No. 2016 -021: Relating to Community Development; authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2016 -2017 (Lisa Shafer) C3 Resolution No. 2016 -022: Relating to Public Works; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021) (Frank Cassidy) C4 Resolution No. 2016-023: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Pima County Regional Flood Control District and the Town of Marana for Construction and Maintenance of the Saguaro Bloom Sewer Line Under the Lower Santa Cruz Levee (Frank Cassidy) CS Approval of February 16, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES Marana Regular Council Meeting 03/01/2016 Page 3 of 91 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 Kevin Arnold Kramber on behalf of Chuy's Mesquite Broiler, located at 6741 N. Thornydale Road #121 Tucson, AZ 85741 (Jocelyn C. Bronson) L2 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 Jodi Lynn Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, AZ 85743 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2016 -024 Relating to Public Works; approving and authorizing the Town Engineer to execute an Acquisition Agreement & Administrative Settlement and all other documentation necessary for the purchase of property rights needed from Penny Cardinal for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. ST021 (Frank Cassidy) ITEMS FOR DISCUSSION /POSSIBLE ACTION D1 Relating to Alternative Expenditure Limitation (Home Rule Option); presentation, discussion and direction regarding extension of the alternative expenditure limitation for the Town of Marana and the timing of the next alternative expenditure limitation election (Erik Montague) D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of 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. El 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. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the Town's attorneys and representatives the terms of a proposed purchase of Tangerine Road right -of -way from Penny Cardinal (this item relates to and should occur before Council Action item Al on tonight's agenda) Marana Regular Council Meeting 03/01/2016 Page 4 of 91 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 03/01/2016 Page 5 of 91 N O 0 / m - tn. A k N N. Council - Regular Meeting 1 Meeting Date: 03/01/2016 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 1, 2016 Subject: Proclaiming March 3, 2016 as St. Baldrick's Day in Marana (Jocelyn C. Bronson) Attachments St. Baldrick's Campaign 2016 Marana Regular Council Meeting 03/01/2016 Page 6 of 91 PROCLAMATION St. Baldrick's "Be Bold Go Bald" Campai 2016 WHEREAS cancer is the number one disease killer of children and y oun g adults in the United States, with a child bein dia with cancer worldwide ever three minutes; and WHEREAS throu head-shavin events, partnerships and advocac initiatives, the primar focus of the St. Baldrick's Foundation is to have the g reatest impact for kids with cancer around the world; and WHEREAS as onl four percent of federal cancer fundin g oes directl to childhood cancer research; and WHEREAS St. Baldrick's Foundation is the lar funder of childhood cancer research g rants outside of the United States g overnment; and WHEREAS shavin heads is a visible demonstration of solidarit with thos who have lost their hair to cancer treatment; and WHEREAS a "Be Bold Go Bald," fundraisin event for St. Baldrick's is bein held at Quail Run Elementar School on Thursda March 3, 2016 from 5:00 - 9:00 p.m. NO THEREFORE, the Ma and Council of the Town of Marana, commend the efforts of the "Be Bold Go Bald" team and reco March 3, 2016 as St. Baldrick's Da in Marana and ur citizens to familiarize themselves with this pro and offer support for the activities associated with St. Baldrick's Foundation. Dated this 1st da of March, 2016. ATTEST: el J ocel y n C. Bronson, Town Clerk AA A io Ed Hone a, Ma V A, 1p- Marana Re Council Meetin 03/01/2016 Pa 7 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 03/01/2016 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: March 1, 2016 Strategic Plan Focus Area: Community 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. P1 Subject: Relating to Boards, Commissions and Committees; discussion, consideration and possible direction regarding recommendations from the Winter 2016 Marana Citizens' Forum on the topic "Smart City Technology" (Jocelyn C. Bronson) Discussion: A presentation will be made by the delegates of the Marana Citizens' Forum related to the Winter 2016 Forum topic "Smart City Technology." The Forum delegates held five sessions on what a smart city (or town) can accomplish for its citizens and future economic development by managing assets and service delivery through improved and new technological solutions. These assets or services may include parks, recreation, schools, law enforcement and infrastructure. The public deliberation session focused on the best use of technology from the point of view of the town, challenges, strategies to meet current and future needs and actions to take that will be the most beneficial to accomplishing the objectives as well as the goal. 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. Marana Regular Council Meeting 03/01/2016 Page 8 of 91 Staff Recommendation: Presentation only. Suggested Motion: Council's pleasure. Attachments No file (s) attached. Marana Regular Council Meeting 03/01/2016 Page 9 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 03/01/2016 To: Mayor and Council Submitted For: John Kmiec, Utilities Director From: Frank Cassidy, Town Attorney Date: March 1, 2016 Strategic Plan Focus Area: Not Applicable C1 Subject: Resolution No. 2016 -020: Relating to Utilities; approving and authorizing the Mayor to sign an Agreement for Construction of Water Facilities under Private Contract for the Willow Vista subdivision (John Kmiec) Discussion: Willow Vista is a 69 -lot subdivision near the southeast corner of Cortaro Farms Road and Sandy Desert Trail. It is the eastern residential portion of the Willow Ridge rezoning. This agenda item presents a water infrastructure construction agreement for the Willow Vista subdivision pursuant to Marana Town Code Section 14 -4 -3. If approved, this agreement will require the developer to construct the water infrastructure necessary to serve the Willow Vista subdivision, including a water manifold oversized to serve future development in the same water pressure zone. The agreement calls for the Town to reimburse the oversizing cost for the manifold within 30 days after completion of the work. The reimbursement is currently estimated at $8,355. Once the work is completed, the developer - financed water infrastructure will have additional capacity for other new water customers in the same water pressure zone. If approved, the agreement will provide for fair -share reimbursement to the developer from other new water customers in the same water pressure zone for a period of ten years or until full reimbursement occurs, whichever happens first. This reimbursement is accomplished with an "oversizing recovery charge" authorized by Marana Town Code section 14 -4 -3 (C). Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Marana Regular Council Meeting 03/01/2016 Page 10 of 91 Amount: $8,355 Staff Recommendation: Staff recommends adoption of Resolution 2016 -020, approving and authorizing the Mayor to sign the Agreement for Construction of Water Facilities under Private Contract for the Willow Vista subdivision. Suggested Motion: I move to adopt Resolution 2016 -020, approving and authorizing the Mayor to sign the Agreement for Construction of Water Facilities under Private Contract for the Willow Vista subdivision. Attachments Resolution No. 2016 -020 Exhibit A to Resolution Willow Vista WSA Marana Regular Council Meeting 03/01/2016 Page 11 of 91 MARANA RESOLUTION NO. 2016-020 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR THE WILLOW VISTA SUBDIVISION WHEREAS the Town of Marana adopted Resolution No. 2015 -117 on November 17, 2015, approving the Final Plat of Willow Vista Lots 1 -69, Common Area "A" (NUOS), Common Area "B" (Open Space), and Parcel A, which was then recorded in the office of the Recorder of Pima County, Arizona, on November 20, 2015, at Sequence 20153240274 (the "Willow Vista Subdivision "); and WHEREAS Town staff has negotiated an Agreement for Construction of Water Facilities under Private Contract for the Willow Vista Subdivision; and WHEREAS the Mayor and Council find that the terms and conditions of the agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Agreement for Construction of Water Facilities under Private Contract for the Willow Vista Subdivision attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and 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 1 St day of March, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00045442.DOCX /1 Marana Resolution No. 2016 -020 Marana Regular Council Meeting 03/01/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/23/2016 5:16 PM FJC Page 12 of 91 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT Willow Vista Subdivision THIS AGREEMENT (this "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and HEATER INVESTMENTS, INC., an Arizona corpo- ration (the "Applicant "). The Town and the Applicant are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time ( "Marana Town Code Title 14 "). B. The Applicant desires for the Town to provide water service to the land described and depicted on the Final Plat of Willow Vista Lots 1 -69, Common Area "A" (NUOS), Common Ar- ea "B" (Open Space), and Parcel A, recorded in the office of the Recorder of Pima County, Ari- zona, on November 20, 2015, at Sequence 20153240274 (the "Willow Vista Subdivision ") C. Applicant was the sole beneficiary of FIDELITY NATIONAL TITLE INSURANCE COMPA- NY, an Arizona corporation, as trustee under Trust No. 60,411 (the "Heater Trust "), the original subdivider of the Willow Vista Subdivision. D. Public road rights -of -way, Parcel "A ", and certain other property rights located within the Willow Vista Subdivision were dedicated to the Town upon recording the plat of the Willow Vista Subdivision. The lots and other property rights retained by the Heater Trust after recording the plat of the Willow Vista Subdivision are referred to in this Agreement as the "Subject Proper- ty." E. Richmond American Homes of Arizona, Inc., a Delaware corporation, is the control- ling beneficiary of FIDELITY NATIONAL TITLE INSURANCE COMPANY Trust No. 60,411, which are together referred to in this Agreement as "Richmond American." 2015. F. The Heater Trust sold the Subject Property to Richmond American on December 22, G. Upon close of escrow of the Subject Property's sale to Richmond American, the Heat- er Trust was terminated. H. A condition of Richmond American's December 22 purchase of the Subject Property obligates Applicant to secure water service from the Town for the Subject Property and to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant - Installed Facility." 00045075.DOCX /3 - 1 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 13 of 91 I. The required plans, specifications, and materials for the Applicant - Installed Facility have been approved by the Town. J. If constructed as designed, the Applicant - Installed Facility will include elements and capacity sufficient to serve other new Town customers, and to that extent the Parties wish to pro- vide for partial reimbursement to the Applicant in accordance with Marana Town Code section 14 -4 -3 (capacity requirements). K. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant- Installed Facility. L. The Town is willing to accept the Applicant - Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in ac- cordance with Town requirements. M. The Parties acknowledge that the Applicant - Installed Facility was originally planned to be located on property located at the southwest corner of Cortaro Road and Sandy Desert Trail, and that the Applicant's decision to locate it on Parcel "A" of the Willow Vista Subdivision avoided the $50,000 in property acquisition costs that would have been incurred if the Applicant had not provided Parcel "A ". N. The Parties acknowledge that placement of the Applicant - Installed Facility on Parcel "A" of the Willow Vista Subdivision required Applicant to acquire property rights from third par- ties for an as -yet undetermined in -kind cost associated with making water service and facilities available and accessible to those third party properties. O. The Parties acknowledge that the Applicant has incurred out -of- pocket engineering costs of approximately $42,500 in connection with the design, approval, and construction of the Applicant - Installed Facility. P. The Work is being undertaken as a condition of subdivision development and, pursu- ant to A.R.S. § 34 -201 paragraph L, may be constructed without compliance with Title 34 of the Arizona Revised Statutes. Q. To assure that the Applicant's costs for the Work are reasonable, the Applicant sought bids from Smyth Industries, Inc., Herman Contracting, Inc. (formerly known as P &H Contracting, Inc.), and The Ashton Company, all of which are on the City of Tucson job order contracting list. Of the three, only Smyth Industries was willing to submit a bid; the others were too busy. R. The Applicant's costs for the Work are consistent with costs for recent, similar publicly bid work undertaken by or on behalf of the Town. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. The Applicant- Installed Facility 1.1. Applicant installation of the Applicant- Installed Facility. The Applicant has designed and shall install, at Applicant's own expense (subject to the reimbursement provisions of this Agreement), the water infrastructure improvements as depicted in Plan No. ENG1510 -005 as approved by the Town and on file in the office of the Town of Marana Water Utility (the "Facili- ty Plan "). The water infrastructure improvements depicted on the Facility Plan are referred to in 00045075.DOCX /3 - 2 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 14 of 91 this Agreement as the "Applicant- Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Town Code Title 14 and spe- cial specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Applicant - Installed Facili- ty as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Applicant - Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold contractor's license classifications A, A -12 and A -16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant - Installed Facility, the person or entity seeking the service connec- tion shall pay to the Town the connection fees and any other fees required by Marana Town Code Title 14. 1.4. Anticipated cost per meter. The person or entity seeking installation of a meter from the Town shall pay all applicable fees and charges in effect at the time of the meter installation re- quest. As of the effective date of this Agreement, the Town's fees and charges to install a five - eighths -inch water meter on the Subject Property are: 1.4.1. Meter Install Fee: $360 1.4.2. Water Infrastructure Impact Fee : $2,457 1.4.3. Water Resource Development Fee: $1,771 1.5. Applicant- Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant - Installed Facility until the Applicant - Installed Facility has been accepted by the Town in accordance with Marana Town Code Title 14. 1.6. Applicant's certification. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1.7. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. 1.8. Reimbursement by the Town. Within 30 days after the Town's final acceptance of the Work, the Town shall reimburse the Applicant for Applicant's actual cost of oversizing the Wil- low Vista Booster Station manifold. The Parties' current estimate of Applicant's actual oversiz- ing cost reimbursement from the Town is $8,355. 1.9. Oversizing Recovery Charge. The Parties have determined that the Cortaro- Oshrin Z -zone service area will have sufficient capacity to serve an additional 334 equivalent demand units (EDUs) as a result of and upon completion of the Work and after connection of 69 lots on the Subject Property. The Parties' current estimate of the Applicant's cost of completing the Work is $383,867 after the Town's oversizing cost reimbursement and not including the items described in Recitals M, N, and O of this Agreement. Consequently, pursuant to Marana Town 00045075.DOCX /3 - 3 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 15 of 91 Code section 14 -4 -3 (C), the Town hereby establishes an "oversizing recovery charge" of $1,148 per EDU for connections within the Cortaro- Oshrin Z -zone service area whose capacity is made possible as a result of the Work. For purposes of this paragraph, all of the following apply: 1.9.1. The oversizing recovery charge shall be payable only for the first 334 EDUs in the Cortaro- Oshrin Z -zone service area or until the tenth anniversary of this Agreement, which- ever occurs first. 1.9.2. The Applicant shall have a beneficial ownership interest in the Cortaro- Oshrin Z -zone service area for the period set forth in subparagraph 1.9.1 above sufficient to prohibit connection in that area unless and until the oversizing recovery charge is paid. 1.9.3. One EDU is a typical single family residence served by a five - eighths inch meter. EDU equivalencies for other uses and meter sizes shall be based on standard Town equiva- lency tables and calculations. 1.9.4. The number of EDUs subject to the oversizing recovery charge has been calculated assuming that the lots on the Subject Property will be served by five - eighths inch meters. If they are served by larger meters, the number of EDUs required to pay the oversizing recov- ery charge shall be reduced accordingly, based on standard Town equivalency tables and cal- culations, and the "oversizing recovery charge" set forth in paragraph 1.9 above shall be re- calculated accordingly. 1.9.5. The Town makes no guarantee that the Applicant will receive full reimbursement of the Applicant's cost of completing the Work or that the Applicant will receive payment of the "oversizing recovery charge" from all lands currently located in the Cortaro- Oshrin Z- zone. Future development in the Cortaro- Oshrin Z -zone whose capacity is not made possible as a result of the Work will not be required to pay the "oversizing recovery charge." 2. Engineering and Inspection 2.1. Registered civil engineer. The Applicant shall employ a registered Civil Engineer to de- sign, lay out, establish control lines for and certify the layout of the Work according to the Facili- ty Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven - day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 00045075.DOCX /3 - 4 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 16 of 91 3. 1. Request to begin construction. The Applicant shall submit a written request to begin construction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4.1. Applicant's presence on site. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligent- ly to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on -site or off -site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5.1. Transfer of the Applicant- Installed Facility to the Town. Upon the Town's final ac- ceptance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and de- liver to the Town the Applicant - Installed Facility free and clear of all liens, claims, charges or encumbrances. 00045075.DOCX /3 - 5 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 17 of 91 5.2. One-year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of one year from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant - Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant- Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant - Installed Facility after taking over possession of it under this para- graph. 6. Miscellaneous 6.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant - Installed Facility. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. [Signature page follows.] 00045075.DOCX /3 - 6 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 18 of 91 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth be- low their respective signatures. THE "TOWN" : THE "APPLICANT" THE TOWN OF MARANA, an Arizona municipal HEATER INVESTMENTS, INC., an Arizona corporation corporation 0 Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA County of Pima ) ss 0 Sandra H. Heater, President Date: The foregoing instrument was acknowledged before me on by Sandra H. Heater, President of HEATER INVESTMENTS, INC., an Arizona corporation, on behalf of the corpo- ration. (Seal) Notary Public 00045075.DOCX /3 - 7 - 2/23/2016 4:04 PM Marana Regular Council Meeting 03/01/2016 Page 19 of 91 N O 0 / m - tn. A k Council - Regular Meeting C2 Meeting Date: 03/01/2016 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: March 1, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -021: Relating to Community Development; authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2016 -2017 (Lisa Shafer) Discussion: For the last ten consecutive years the Town of Marana has been awarded grant funding from the Governor's Office for Highway Safety (GOHS) to combat impaired and aggressive drivers and take part in enforcement efforts in coordination with local and regional partners like the Southern Arizona DUI Task Force. Marana has also received DUI Abatement Grants funded by the Oversight Council on Driving or Operating under the Influence Abatement. Over the past years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, visibility, enforcement, and officer training. With an overall goal to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers, staff requests authorization to submit proposals to the GOHS for grant funding for FY 2016 -2017 for speed and DUI related equipment and additional overtime deployments for enforcement. If awarded, overtime funding for combating impaired drivers will allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event - specific, Marana Regular Council Meeting 03/01/2016 Page 20 of 91 department- initiated speed, DUI and speed enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. The DUI Abatement grants will provide for more DUI enforcement as well as fund coordinated efforts to conduct warrant sweeps. So far this fiscal year officers have conducted four warrant sweeps resulting in 42 arrests and $31,753 in recovered bond money. The Town is also requesting funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation, the MPD will be able to leverage freed -up manpower to more aggressively address the ongoing I -10 closures and issues in school zones and neighborhoods. Financial Impact: Fiscal Year: 2017 Budgeted Y Y/N: Amount: Maintenance Costs The Town will be responsible for the operation, maintenance, updates, and replacement costs of the equipment purchased with grant funding. DUI Task Force and Speed Enforcement overtime and employee- related expenses will be covered by the grant. Staff Recommendation: Staff recommends approval of Resolution No. 2016 -021 authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety. Suggested Motion: I move to adopt Resolution No. 2016 -021, authorizing the Chief of Police to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2016 -2017. Attachments Resolution No. 2016 -021 Marana Regular Council Meeting 03/01/2016 Page 21 of 91 MARANA RESOLUTION NO. 2016-021 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF EQUIPMENT AND THE FUNDING OF OVERTIME FOR THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2016 -2017 WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration and the Arizona Oversight Council on Driving or Operating under the Influence Abatement; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding and aggressive driving by drivers and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will assist the Marana Police Department in purchasing equipment to support traffic safety initiatives and in funding overtime DUI and speed enforcement, allowing the Marana Police Department to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The Chief of Police is hereby authorized to apply for grant funding from the Governor's Office of Highway Safety for the purchase of equipment and the funding of overtime for the Marana Police Department for fiscal year 2016 -2017. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution, including the execution of all agreements, contracts and documents related to GOHS funding for the Marana Police Department during fiscal year 2016 -2017. 00045297.DOC /1 Marana Resolution No. 2016 -021 - 1 - Marana Regular Council Meeting 03/01/2016 Page 22 of 91 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of March, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk 00045297.DOC /1 Marana Resolution No. 2016 -021 Marana Regular Council Meeting 03/01/2016 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney WIR Page 23 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C3 Meeting Date: 03/01/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: March 1, 2016 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community Principle Statement 3/ We will invest in awell- managed government that provides reliable services and quality amenities for citizens and businesses. Initiative 12 (part): Align future infrastructure expansion with planned and /or complementary capital improvement projects. Subject: Resolution No. 2016 -022: Relating to Public Works; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021) (Frank Cassidy) Discussion: Right -of -way acquisition for the Tangerine Road project was originally authorized by the October 7 2014 adoption of Resolution No. 2014 -089. Now that the plans for the project are nearing completion, the specific parcel -by- parcel property rights are more clearly defined. If approved, this resolution will modify Resolution No. 2014 -089 by adding reference to the specific construction and right -of -way plans, which in turn identify the particular property rights currently anticipated to be acquired for this project. Financial Impact: Fiscal Year: FYI 6-17 Budgeted Y/N: Y Amount: $7,000,000 Staff Recommendation: Marana Regular Council Meeting 03/01/2016 Page 24 of 91 Staff recommends adoption of Resolution No. 2016 -022, authorizing the acquisition of property rights needed for the Tangerine Corridor project. Suggested Motion: I move to adopt Resolution No. 2016 -022, authorizing the acquisition of property rights needed for the Tangerine Corridor project. Attachments Resolution No. 2016 -022 Marana Regular Council Meeting 03/01/2016 Page 25 of 91 MARANA RESOLUTION NO. 2016-022 RELATING TO PUBLIC WORKS; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED N FOR THE TANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO LA CANADA DRIVE, TOWN OF MARANA PROJECT NO. 2005 -061 (RTA ST021) WHEREAS the Town of Marana is constructing the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021), (the "Tangerine Road Project "); and WHEREAS the Town of Marana needs to acquire certain rights -of -way, easements and other property rights to construct the improvements needed for the Tangerine Road Project, (all of which interests in real estate are collectively referred to as the "Needed Property "); and WHEREAS the Marana Town Council adopted Resolution No. 2014 -089 on October 7, 2014, authorizing the acquisition of the Needed Property; and WHEREAS the right -of -way and construction plans for the Tangerine Road Project are sufficiently finalized for the Needed Property to be specifically identified on a parcel by parcel basis; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The particular rights -of -way, easements, and other property rights that constitute the "Needed Property" are those set forth on the following plan sets prepared by the engineering firm PSOMAS: A. The construction plans entitled "TANGERINE ROAD DOVE MOUNTAIN BLVD TO LA N CANADA DR ROADWAY AND DRAINAGE IMPROVEMENTS" and identified as "T.O.M. PROJECT NO. ST021," the current (Stage V) version of which consists of 613 pages B. The right -of -way /record of survey plans entitled "RECORD OF SURVEY FOR TANGERINE ROAD CORRIDOR FROM DOVE MOUNTAIN BOULEVARD TO LA CANADA DRIVE" and identified as "T.O.M. PROJECT NO.: ST021," the current (Stage V) version of which consists of 33 pages ( "RW 01-33"). Section 2. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. 00045376.DOCX /1 Marana Resolution No. 2016 -022 - 1 - 2/18/2016 2:10 PM FJC Marana Regular Council Meeting 03/01/2016 Page 26 of 91 Section 3. The Town Manager, Town Engineer, and Town staff are hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 4. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring an action under the power of eminent domain to acquire the Needed Property for just compensation as determined by the Court or jury. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of March, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 00045376.DOCX /1 Marana Resolution No. 2016 -022 -2- 2/18/2016 2:10 PM FJC Marana Regular Council Meeting 03/01/2016 Page 27 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 03/01/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: March 1, 2016 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community Principle Statement 3/ We will invest in awell- managed government that provides reliable services and quality amenities for citizens and businesses. Initiative 12 (part): Align future infrastructure expansion with planned and /or complementary capital improvement projects Subject: Resolution No. 2016 -023: Relating to Public Works; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Pima County Regional Flood Control District and the Town of Marana for Construction and Maintenance of the Saguaro Bloom Sewer Line Under the Lower Santa Cruz Levee (Frank Cassidy) Discussion: The Tangerine Downtown Sewer Project alignment crosses the eastern edge of PCFCD -owned property that includes a soil cement levee along the north bank of the Santa Cruz River. The Town needs a permanent sewer easement and a temporary construction easement across the property. The property rights have been appraised by an independent fee appraiser, and have a fair market value of $512. The IGA presented in this agenda item provides for payment of $512 to the PCFCD for the property rights needed for the Tangerine Downtown Sewer Project, and addresses coordination and obligations of the parties relative to the project construction and the Town's permanent sewer obligations. Financial Impact: Fiscal Year: 2015 Budgeted Y/N: Y Amount: $512 Marana Regular Council Meeting 03/01/2016 Page 28 of 91 Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -023, approving and authorizing the Mayor to sign the IGA with the PCFCD for construction and maintenance of the Saguaro Bloom Sewer Line. Suggested Motion: I move to adopt Resolution No. 2016 -023, approving and authorizing the Mayor to sign the IGA with the PCFCD for construction and maintenance of the Saguaro Bloom Sewer Line. Attachments Resolution No. 2016 -023 Exhibit A to Resolution TD Sewer PCFCD IGA Exhibits to Saguaro Bloom Sewer Marana Regular Council Meeting 03/01/2016 Page 29 of 91 MARANA RESOLUTION NO. 2016-023 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA FOR CONSTRUCTION AND MAINTENANCE OF THE SAGUARO BLOOM SEWER LINE UNDER THE LOWER SANTA CRUZ LEVEE WHEREAS the Town of Marana is constructing the Tangerine /Downtown Sewer Conveyance System, Town of Marana Project Number WR010 (the "DT Sewer Project); and WHEREAS Phase I of the DT Sewer Project is currently under construction and the final plans for Phase II of the DT Sewer Project are nearing completion; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Intergovernmental Agreement between the Pima County Regional Flood Control District and the Town of Marana for Construction and Maintenance of the Saguaro Bloom Sewer Line Under the Lower Santa Cruz Levee" attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of March, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00045380.DOCX /1 Marana Resolution No. 2016 -023 Marana Regular Council Meeting 03/01/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/18/2016 3:35 PM FJC Page 30 of 91 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA FOR CONSTRUCTION AND MAINTENANCE OF THE SAGUARO BLOOM SEWER LINE UNDER THE LOWER SANTA CRUZ LEVEE (TOWN OF MARANA, PIMA COUNTY ARIZONA This Intergovernmental Agreement ( "Agreement ") is entered into by and between the PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT (the "District"), a political taxing subdivision of the State of Arizona, and the TOWN of MARArrA (the "Town "), an Arizona municipal corporation, pursuant to Arizona Revised Statutes Section (A.R. S. §) 11 -952. RECITALS A. The District is authorized by A.R.S. § 48 -3606 (C)(3) to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood control works. B. The Town and the District have statutory authority to enter into intergovernmental agreements for j oint and cooperative action pursuant to A.R. S. § 11 -952. C. The Town anticipates executing within the next six months an agreement to construct a sewer force main and associated structures that cross under river channel and FEMA- accredited levee under the Santa Cruz River (the "Project "), as depicted in the attached Exhibit A. D. Construction of the Project is scheduled to commence in 2016, subject to acquisition of necessary permits, easements and utility clearances, and is currently estimated to be completed approximately 24 months after the start of construction. E. The Town needs a temporary construction easement from the District to construct the Project and a permanent easement from the District to operate and maintain the sewer line and related improvements. F. The Town engaged an independent appraiser to determine the total just compensation due to the District for the permanent easement, and the District reviewed the appraisal report and concurred in the appraiser's opinion of total just compensation due. G. The District and the Town desire to establish specific responsibilities as to the construction, operation, and maintenance of the Project and related facilities located on District property. Saguaro Bloom Sewer IGA - 1 - 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 31 of 91 AGREEMENT SECTION 1. PURPOSE The purpose of this Agreement is to set forth the responsibilities of the parties regarding the construction, operation and maintenance of the Project, the easement rights necessary for the Project, and to address legal and administrative matters among the parties. SECTION 2. THE PROJECT The Project consists of the construction of the Saguaro Bloom Sewer, which includes a force main sewer line under the Santa Cruz River Channel, and associated FEMA- accredited levees and bank protection. The Project will connect the Saguaro Bloom development project to the Town -owned and - operated municipal wastewater utility, in accordance with paragraph 15.3.4 ( "Saguaro Bloom ") of the April 9, 2013 "Intergovernmental Settlement Agreement between Pima County and the Town of Marana Relating to the Provision of Sewer Service." SECTION 3. TOWN OBLIGATIONS AND RESPONSIBILITIES 3.1. The Town shall design and construct the Project in accordance with the Project plans and specifications as set forth for Town of Marana Project Number WR010, Tangerine/ Downtown Sewer Conveyance System Phase II (the "Project Plans" In addition to the Project Plans, the Town shall provide copies of the drainage report and environmental reports to the District. The Town acknowledges that the Project will require a Floodplain Use Permit and will be subject to all the terms and conditions thereof. 3.2. The Town shall obtain all necessary permits including, but not limited to, permits required pursuant to Section 404 of the Clean Water Act, dewatering permits, and AZPDES construction general permit. 3.3. During construction of the Project, the Town will have responsibility for all grounds, structures and improvements, and all activities occurring within the Project limits including all necessary inspections, maintenance and repair of the Project and the Lower Santa Cruz River Levee and bank protection as result of the Project. 3.4. In the spirit of collaboration, the Town shall confer with the District throughout the construction of the Project for the purpose of facilitating the timely and satisfactory completion of the Project. 3.5. The Town shall confer with the District before constructing any improvements, structures or other modifications not included in the Project Plans. The Town has agreed to construct the sewer line using Horizontal Directional Drilling which should not directly impact the Lower Santa Cruz Levee and bank protection on the north bank of the river. 3.6. On completion of the Project and all related features and appurtenances, the Town shall assume full responsibility and liability for the sewer and all related facilities. In addition, the Town acknowledges responsibility and liability for damage to the Lower Santa Cruz Levee and bank protection as a result of construction of the Project or maintenance of the sewer line. Further, the Town acknowledges that damage from settling may occur after construction and the Town remains liable for such occurrences even after construction of the Project is complete. Saguaro Bloom Sewer IGA -2- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 32 of 91 3.7. The Town agrees to restore the south bank portion of the Lower Santa Cruz Levee to its pre- Project condition and provide an "As- built" certification of the replacement. The certification shall be sealed by and Arizona- registered civil engineer. 3.8. The Town shall inform the District when maintenance of the sewer line is required within the vicinity of the District's drainage infrastructure. The end result of any maintenance of the sewer line is not to impact the performance or certification of any FEMA accredited levee system. 3.9. The Town shall provide survey and legal descriptions for the temporary and permanent easements and shall provide staking of such at the District's request. 3.10. The Town shall, within 30 days of the execution of this Agreement, pay to the District the sum of FIVE HUNDRED TWELVE DOLLARS and No /100 ($512.00) in total just compensation for the District's grant of the permanent easement under Section 4.3 of this Agreement. SECTION 4. DISTRICT OBLIGATIONS AND RESPONSIBILITIES 4.1. Upon execution of this Agreement, the District shall grant to the Town a temporary construction easement over District property (originally acquired in the name "Pima County Flood Control District "), authorizing the Town to enter upon the District -owned property described in the attached Exhibit B, for the purpose of constructing the Project and all related improvements. 4.2. The District shall confer, as needed, with the Town throughout the construction of the Project for the purpose of facilitating a timely and satisfactory completion of the Project. 4.3. On completion of the Project and all related features and appurtenances, and after the Town's payment of just compensation described in Section 3.10 of this Agreement, the District shall grant to the Town a permanent easement for the Saguaro Bloom Sewer over the District -owned real property described in attached Exhibit C ( "Permanent Easement Area "). 4.4. On completion of the Project and all related features and appurtenances, the District agrees to perform periodic inspection of the Lower Santa Cruz Levee and bank protection in the vicinity of the Project, and alert the Town of any signs of impact to the infrastructure due to the sewer. 4.5. After completion of the Project, the District shall inform the Town of any levee maintenance needs in the vicinity of the sewer line. SECTION 5. OWNERSHIP OF PROJECT FACILITIES 5.1. Upon completion of the Project, ownership of the Saguaro Bloom Sewer shall automatically vest in the Town and no other action shall be necessary to establish the Town's ownership of the Saguaro Bloom Sewer; that is, all sewer utility improvements constructed in connection with the Proj ect. 5.2. The parties agree to notify each other in case any event occurs after the Project is completed requiring significant operations, repairs, maintenance activities, etc. The parties further agree that this commitment will survive the termination or expiration of this Agreement. Saguaro Bloom Sewer IGA -3- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 33 of 91 SECTION 6. EFFECTIVE DATE AND DURATION 6.1. This Agreement shall be effective upon the date of complete execution by the Parties and shall expire no later than December 31, 2017, unless terminated or extended pursuant to the terms contained herein. 6.2. This Agreement may be extended or terminated at any time by mutual agreement of the parties and execution of an amendment that accomplishes such action. 6.3. This Agreement is subject to the provisions of A.R.S. § 38 -511, which allows for cancelation of contracts by governmental entities in certain instances involving conflicts of interest. SECTION 7. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the District or the Town. SECTION 8. NO JOINT VENTURE This Agreement shall not be construed to create any partnership, joint venture or employer - employee relationship between the Town and the District. No party shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other party as a result of this Agreement, including, without limitation, any party's obligation to withhold Social Security and income taxes for itself or its employees. SECTION 9. NO THIRD PARTY BENEFICIARIES This Agreement shall not create any right to any person or entity as a third party beneficiary. SECTION 10. COMPLIANCE WITH LAWS The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes under this Agreement. Any action relating to this Agreement shall be brought in an Arizona court. 10.1. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive Order Number 2009 -09 issued by the Governor of the State of Arizona are incorporated by this reference as apart of this Agreement. 10.2. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. SECTION 11. FORCE MAJEURE A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to floods, earthquakes, acts of God, or orders of any regulatory government officer or court (excluding orders Saguaro Bloom Sewer IGA -4- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 34 of 91 promulgated by the parties themselves), which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. SECTION 12. WAIVER Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. SECTION 13. INDEMNIFICATION 13.1. Mutual Indemnity. To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. 13.2. Notice. Each party shall notify the other in writing within 30 days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to seek indemnity from the other party to this Agreement. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments in matters for which indemnity will or may be sought under this Agreement. 13.3. Negligence of indemnified party. The obligations under this SECTION 13 shall not extend to the negligence of the indemnified party, its agents or employees. 13.4. Survival of termination. This SECTION 13 shall survive the termination, cancellation or revocation, whether in whole or in part, of this Agreement. SECTION 14. INSURANCE Each party to this Agreement warrants that it is self - insured or otherwise maintains adequate insurance to fully cover that party's liability regarding the Project. SECTION 15. BOOKS AND RECORDS Each party shall keep and maintain proper and complete books and records. All design and construction drawings, records, documentation and correspondence shall be the property of the Town at the completion of the Project, except copies maintained by the District for its records. Within three months after the Town's acceptance of the Project, the Town shall provide, at no cost to the District, "As- Built" original drawings of the Project, including restoration of the southern portion of the Lower Santa Cruz Levee. Saguaro Bloom Sewer IGA -5- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 35 of 91 SECTION 16. INSPECTION AND AUDIT OF RECORDS The appropriate designated representatives of either party may perform any inspection of the Project or reasonable audit of any books or records of the other party to confirm that the Project has been operated and maintained in accordance with this Agreement. Each party shall maintain any and all records regarding the Project for a minimum of five years after the completion of the Project and its acceptance by the Town. SECTION 17. SEVERABILITY If any provision of the Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of the Agreement are severable. SECTION 18. REMEDIES Any dispute arising under this Agreement shall be reviewed and resolved by the officially designated Chief Engineer of each party and in the event resolution cannot be accomplished thereby, the dispute shall be submitted to the Town Manager and District General Manager for resolution. SECTION 19. NOTIFICATION All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: To the Town: John Kmiec, Director Marana Water Department 5100 West Ina Road Tucson, Arizona 85743 With a copy to: Marana Town Attorney 11555 West Civic Center Drive Marana, Arizona 85653 To the District: Suzanne Shields, P.E., Director Pima County Regional Flood Control District 97 East Congress Street, 3 rd Floor Tucson, Arizona 85701 With a copy to: Pima County Attorney 32 North Stone, Suite 2100 Tucson, Arizona 85701-1412 SECTION 20. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. [Remainder of page intentionally left blank. Signature page follows.] Saguaro Bloom Sewer IGA -6- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 36 of 91 IN WITNESS WHEREOF, the Town has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the Town Clerk, and the District has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board. The "District" The "Town" PIMA COUNTY REGIONAL FLOOD CONTROL TOWN OF MARANA, an Arizona municipal DISTRICT, a political taxing subdivision of the corporation State of Arizona Chair, Board of Directors Date: ATTEST: Clerk of the Board Date: Mayor Ed Honea Date: ATTEST: Jocelyn Bronson, Town Clerk Date: INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between the Pima County Regional Flood Control District and the Town of Marana has been reviewed pursuant to A.R.S. Section 11 -952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. For the District: For the Town: Deputy County Attorney Town Attorney Saguaro Bloom Sewer IGA -7- 2/12/2016 Marana Regular Council Meeting 03/01/2016 Page 37 of 91 EXHIBIT A TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA FOR CONSTRUCTION AND MAINTENANCE OF THE SAGUARO BLOOM SEWER LINE UNDER THE LOWER SANTA CRUZ LEVEE [Plan set entitled "TOWN OF MARANA PUBLIC SEWER IMPROVEMENT PLAN TANGERINE/ DOWNTOWN SEWER CONVEYANCE SYSTEM PHASE II T.O.M. PROJECT NUMBER WR010," the 90% plans of which are currently on file with the Town of Marana Public Works Department, 11555 W. Civic Center Dr., Marana, AZ 85653] 00045460.DOCX /1 EXHIBIT A TO TOWN OF MARANATCRFCD IGA Marana Regular Council Meeting 03/01/2016 Page 38 of 91 CONTINUATION OF tA d rvHlp*'IT A PCDOT & FCD JUNE 2 1997 Parcel 0 k LEGAL DESCRIPTION FOR THE PROPOSED TAKE OF A PORTION OF THE NORTHWEST QUARTER SECTION 7 T 12S,� R 12E PARCEL 3. 11W portion oft a nor eA q uuter of Swfion 7, Tovmship 12 South, Ranp 12 East, Ofla and Salt River Meridian, Pima Count Afiwna, described as follows: BED DTNING at the north q uarter comer of sa'd Section 7; TMNCE S 00 * 3 5' 116" E alon the east line of the noribwest q uarter of Section 7 a distance of 760.49 feet THENCE N 63' I T 44" W a distance of 1667.30 feet to a point on the northerl I'me of said Section 7; THENCE N'89* 34'04",E- alon the north line of the northwest q uarter of Section 7,.a distance'd 1481.70 f� the POINT OF BED G0 Conte approximatel 12.93 * acres, CONTINUED TAX CODE NO: 216-14-W5 OVMR6 B.K.W. Fanns 3 9 1 2 0 0 8 10878 3205 ��� �-�6 Marana Re Council lVleVXffffi1A'1A TO TOWN OF MARANA/PCRFCD TGA Pa 39 of 91 a s � SECTION 07 EXHIBIT A TOWNSHIP 12 SOUTH RANGE 12 EAST 216 -14 U 1 AL e- ftFMi! Go co 4 4 F JAP N PIMA COUNTY DEPARTMENT OF TRANSPORTATION TECHNICAL SERVICES DIVISION � Marana Regular Council Me VNffffi 1 Ae 1 A TO TOWN OF MARANA/PCRFCD IGA Page 40 of 91 h Stantec Consulting Services Inc. S tante c 5151 E Broad a� B 1 �f ��te 00, Tuon AZ 85711-3 l DESCRIPTION OF A PUBLIC SEWER EASEMENT DESCRIPTION of a public sewer easement over, under and across a portion of Pima County Assessor Parcel No. 216-14-005B, located in the Northwest Q uarter of Section 7 , Township 12 South, Rance 12 East, G&SRM, Pima County, Arizona. said easement being more fully described as follows: BEGINNING at the North Quarter Corner of said Section, marked by a found -inch pipe with nail, frorr7 which the Herter of said sec #ion , rr�arled bar found - inch brass cap, bears South 00 East a distance of 2539.97 foot; THENCE South 00 0 1 0'20" West a distance of 510.84 foot; THENCE South 63'05'17" East a distance of 5.14 foot; THENCE South 0 09'13 " West a distance of 254.04 feet, more or less, to a point on the South line of said parcel; THENCE along said South line, North 63'10'29" West a distance of 56.18 feet; THENCE departing said line, North 00 East a distance of 254.77 feet; THENCE South 53°05 "1 East a distance of 17.57 feet; THENCE North 00 °1 0'20 #" East a distance of 495.4' feet, mole or less, to a port on the North line of said parcel; THENCE North 9 °42'10 " East a distance of 30.00 feet to the POINT OF BEGINNING. The above described easement contains 27,891 square feat or 0.640 acres of land, more or less. taut e Consulting accepts no is i it' for this description i it has been inodifi or reformatted in any wayfi-om its originalforinat and content, or used f r a p urpose o than th r f r� � hic.°h it av or i g inal in enc e -} " .; Prepared by Warren D. Thompson, RLS 16906 Prep on May 9 2015 16908 ' Prepared for and on behalf of Stantec Consulting Services Inc. WARREN D. TH OM ON .` Project Number: 181 30041 9 •' di • _ EXPIRES CAN 9-30-2016 wAactivek1 1 0 4191sur ey\i gals \sewer e mt_apn_216 -14 -00 b - 201 g_de Pace 1 of 2 EXHIBIT C TO TOWN OF MARANA /PCRFCD IGA Marana Regular Council Meeting 03/01/2016 Page 41 of 91 A Pol'nt of L8 Beginnl'n'g NX Comer Section 7 0) 0) PIN -_j L INE TA 8L E LINE L ENG TH BEVING Ll 510-84 ,x`00' 0 '20 " IV L2 5.14 S63'05 " 17 "E LJ 254.64 S00909"IJV L 4 56.18 N63' 10 "29"W L5 254.77 N00"08 " 15 7' L 6 1Z57 S6J*05 '17 "t L 7 495.47 NOO' 10 *'20 "t L8 J0.00 N89 "42 1 0 AnAl ')IjC 11) /1747/1 APN 216 --14 -0058 TOWNSHIP 12 SOUTH RANGE 12 EAST SECTION D7 L 6 C6 CD O 04 Uj __j Uj 0 11 0 Iq C3 CD: M 00 CN �'- 0 Uj > 10 11,C) 1j JL2 -j LQ APN 276-14-001F APN 216-14-005A e APN 216-14-0020 APN 216-14-00,30 AURA VALLEY ROAD C 1 Com er ORIGINAL SHEET - ANSI A Section 7 May 2015 181300419 Client/ProjeCt TOWN OF MARANA TANG ER E/DOWNTOWN SEWER - WIR010 St ntec Fi No, 1.0 Title 5151 E. Broadwa Blvd., Suite 400 APN 216-14-005B Tucson, AZ 5,5711 EXHIBIT C TO TOWN OF MARANA/PCRFCD IGASewer Easp M rana Re Council Meetin 03/01/2016 Pa 2 of 2 www.stantec.corn APN 216-12-009K N O 0 / n.. - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 03/01/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 1, 2016 Subject: Approval of February 16, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments Draft Regular Council Minutes 02/16/2016 Marana Regular Council Meeting 03/01/2016 Page 43 of 91 �pwn p� 7 9 MARANA \I1170?�"? REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 nrr�i1i - n: Council Chambers, February 16, 201 e at or after 7:00 PM ' Itip Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Membf Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING I CALL TO ORDER AND ROLL CALL. Ma r Honea called the meeting to order at 7:02 p.m. Town Clerk Bronson cal roll. A ll Council Members were present. I 4dalm �II'iW 1'' ­Mi 41 WL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea: 1� APPROVAC AGENDA. Motion to "approve by Council Member McGorray, seconded by Council Member Kai. Passed nimously. CALL TO THE PUBLIC. No speaker cards were presented. ,1 k PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. No reports. PRESENTATIONS February 16, 2016 Meeting Minutes 1 Marana Regular Council Meeting 03/01/2016 Page 44 of 91 CONSENT AGENDA. Motion to approve by Council Member Bowen, seconded by Council Member McGorray. Passed unanimously. C 1 Resolution No. 2016 -014 Relating to Development; approving a final plat for Del Webb at Dove Mountain IV, Lots 235 -343 and Common Areas "A" (Drainage /Open Space), "B" (Open Space), "C" (Public Sewer /Open Space) and Block "1" located south of Dove Mountain Boulevard and west of Del Webb Trail (Steven Cheslak) C2 Resolution No. 2016 -015 Relating to Development; approving a final plat for Continental Crossing Lots 1 thru 4 located approximately at the northwest corner of Silverbell Road and Continental Reserve Loop (Steven Vasquez) C3 Ordinance No. 2016.003 Relating to Transaction Privilege Tax; adopting "The 2012- 2014 Amendments to the Tax Code of the Town of Marana" by reference; establishing effective dates; providing for severability; and providing penalties for violations (Erik Montague) Resolution No. 2016 -016 Relating to Transaction Privilege Tax; declaring as a public record filed with the Town Clerk that certain document known as "The 2012 -2014 Amendments to the Tax Code of the Town of Marana" (Erik Montague) C4 Resolution No. 2016 -017 Relating to Utilities; approving and authorizing the Mayor to sign "Lease Amendment No. 2" with CalPortland Company for the Rillito Vista Water Reclamation Facility (Frank Cassidy) CS Approval of February 2, 2016 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 special event liquor license application submitted by Patrick Nilz on behalf of Marana Heritage Conservancy for Founder's Day to be held on March 5, 2016 (Jocelyn C. Bronson). Ms. Bronson noted that the application was properly reviewed, and staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Ziegler. 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 Thomas James Donohue on behalf of the American Diabetes Association for the 2016 Tour de Cure event to be held on April 17, 2016 (Jocelyn C. Bronson). Ms. Bronson stated that the application as February 16, 2016 Meeting Minutes 2 Marana Regular Council Meeting 03/01/2016 Page 45 of 91 properly reviewed, and staff is recommending approval. Motion to approve by Council Member McGorray, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES B 1 Resolution No. 2016 -018 Relating to Boards, Commissions and Committees: making appointments to the Town of Marana Board of Adjustment (Jocelyn C. Bronson). Council Member McGorray presented this item as the Chair of the Council Committee which reviewed the applications. The Committee recommendation is to re- appoint Michael Ritz, Warren Hatcher and Robert Palazzolo to the Board for terms expiring February 28, 2020. A fourth application, Sierra Kennedy, was recommended as a delegate to the Marana Citizens' Forum. Ms. Kennedy noted on her application that she would like to become more involved and learn about Marana, and the Council Committee felt that as a delegate on the Forum, she would gain a good perspective about the community. Ms. Kennedy had also submitted an application for the Forum. Council Member Bowen asked about the composition of the Board of Adjustment. There being no further discussion, a motion by Council Member McGorray to accept the Committee's recommendation was seconded by Council Member Ziegler. Motion passed unanimously. COUNCIL ACTION ITEMS FOR DISCUSSION /POSSIBLE ACTION DI Resolution No. 2016 -019: Relating to Administration; approving the transfer of up to $8,000 in budgeted expenditure authority from the General Fund contingency line item in the fiscal year 2015 -2016 budget to the Bed Tax Fund and the Airport Enterprise Fund for expenses related to special events (Gilbert Davidson). Mr. Davidson noted that this item is to support two events —one is Marana's Founders' Day. The town had already budgeted $8500, $7000 of which would be given directly to the Heritage Conservancy for the operation of the event. The other $1500 would be a set -aside by the town to cover the rental of bathrooms, set up and clean up and other incidentals. The Heritage Conservancy has identified the need for some additional funds up to $4000. The second item is the Town of Marana has been the home of what is the first Air Force One, which was named the Columbine and used by President Eisenhower. The airplane was recently purchased by a company back east, and they will eventually fly the plane to Virginia to be on display at the museum. As the Columbine has been part of the Marana community for a number of years, staff felt that a celebration at the airport could be a showcase for the history of the plane. There are a number of individuals willing to fly out to be a part of the send -off, possibly including one of President Eisenhower's granddaughters. Staff also contacted a group of current February 16, 2016 Meeting Minutes 3 Marana Regular Council Meeting 03/01/2016 Page 46 of 91 Air Force One pilots, and they would like to come out for the event. So the other $4000 request is in support of that. Motion to approve by Council Member Ziegler, second by Council Member Kai. Passed unanimously. Council Member Ziegler expressed her support for this great event. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson). Mr. Davidson presented a brief synopsis of some legislation currently in process. HB 2583 has caught the attention of all local governments. It would require videotaping all of our Council sessions and executive sessions and posting them on the Internet. It would be a violation of current law to publicly disclose items within an executive session, so there will undoubtedly be a lot of discussion at the legislature on this bill. The second bill is HB 2391, the water bill we have talked about in the past. At this point there are still negotiations between the Arizona League of Cities and Towns, the bill's sponsor and some of the various jurisdictions. Mayor Honea presented on four bills which came out of the recent League of Cities and Towns quarterly meeting. SB 1428, public safety retirement passed out of committee with 100% vote on both sides of the aisle. Public safety will go to a Tier 3 program which means that the retiree and the city or town will pay 50150 on the retirement going into the fund. Right now, it's about 20/80 with 80% being picked up by the city or town. Also, the bill raises the retirement from 20 to 25 years of service. HB 2483 is the census bill which is also getting support from both parties. That bill will take the federal government's estimate of population every year, and HURF and state shared revenues will be distributed based on those annual estimates. That will be a big win for growing communities such as Marana. The last count for Marana on June 30, 2015 was 41 If you add that to the growth we've had in the first six months of this fiscal year, we are well over 42,000 residents. HB 2267, the construction sales tax bill. Most cities and towns tax 65% of the sale value of the home. This bill would lower that to 55% this year, which would cost fast - growing communities like Marana a lot of money. The end goal would be going to point of sale on the construction sales tax. If that happens, we will lose millions of dollars, and the League is fighting this big time. We fought it last year and won. The last bill is the RTA bill, which allows the voters to make a change to the RTA plan. If the vote fails, and the change is not approved, that doesn't change what the voters originally approved. It isn't an all or nothing event. EXECUTIVE SESSIONS 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. February 16, 2016 Meeting Minutes 4 Marana Regular Council Meeting 03/01/2016 Page 47 of 91 E2 Executive Session pursuant to A.R.S. § 38- 431.03 (A) (1) for discussion, consideration and possible interviews of candidates for appointment to the Board of Adjustment. FUTURE AGENDA ITEMS. There were no items presented. ADJOURNMENT. Motion to adjourn at 7:18 p.m. by Vice Mayor Post, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 16, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk us February 16, 2016 Meeting Minutes 5 Marana Regular Council Meeting 03/01/2016 Page 48 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L1 Meeting Date: 03/01/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 1, 2016 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 Kevin Arnold Kramber on behalf of Chuy's Mesquite Broiler, located at 6741 N. Thornydale Road #121 Tucson, AZ 85741 (Jocelyn C. Bronson) Discussion: This application is for a new series #12 restaurant liquor license at Chuy's Mesquite Broiler, located at 6741 N. Thornydale Road #121 Tucson, AZ 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Regular Council Meeting 03/01/2016 Page 49 of 91 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 # 12 restaurant liquor license application submitted by Kevin Arnold Kramber on behalf of Chuy's Mesquite Broiler, located at 6741 N. Thornydale Road #121 Tucson, AZ 85741. 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 Kevin Arnold Kramber on behalf of Chuy's Mesquite Broiler, located at 6741 N. Thornydale Road #121 Tucson, AZ 85741. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of LL Marana Regular Council Meeting 03/01/2016 Page 50 of 91 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, A7 85007 www.azliquor.gov (602) 542 -5141 Application for Liquor License Type or Print with Black Ink SECTION 1 This application is for a: 0Interim Permit (Complete Section 5) New License (Complete Sections 2, 3, 4, 13, 14, 15, 16) OPerson Transfer (Complete Section 2, 3, 4, 12, 13, 14,16) OLocation Transfer (Bars and Liquor Stores only) (Complete Section 2, 3, 4, 11, 13, 14, 16) ❑Probate/ Will Assignment/ Divorce Decree (Complete Sections 2, 3, 4, 9, 13, 14, 16) (Fee not required) [:]Government (Complete Sections 2, 3, 4, 10, 13, 16) Q Seasonal SECTION 2 Type of Ownership: [DJ.T.W.R.O.S. (Complete Section 6) 0 1ndiVidual (Complete Section 6) DPartnership (Complete Section 6) O Corporation (Complete Section 7) Limited Liability Co (Complete Section 7) [:] Club (Complete Section 8) D Government (Complete Section 10) [:] Trust (Complete Section 6) [:] Tribe (Complete Section 6) Other (Explain) SECTION 3 Type of license -z-A 1. Type of License: 41k L.~ �--"�, 4. 5. LICENSE # APPt1CATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE A service fee of $25 will be charged for all dishonored checks (A.R.S, §_ 44.68521 SECTION 4 Applicants 1. Individual Owner/Agent's Name: f_,. '`' Last First Middle 2. owner Name: 3. Business Name: (Ownership name for type of ownership checked on section 2) (Exactly as it appears on the exterior of premises) gym.. tt Business Location Address: �..i� '�- � � � � !"�.�.; -��� �- �...:,. � .r,..,. � , E51 (Do not use PO Box) Street city State Zip Code County y Mailing Address: 4e (Ail correspondence will be moiled to this address) Street city State zip Code 4 r R „4 B� Y Business Phone: = ��- Daytime Contact Phone: � c- Email Address: ,;�'` �� ' • `' CLc:' L Is the Business located within the incorporated limits of the above city or town ?DYes�No 9. Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? 1 �Yes[]No If Yes, what City, Town or Tribal Reservation is this Business located in: 10. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) $ se only Fees :� pHc 'tin Interim Permit Site inspection ger Prints Is Arizona Statement o itizenship & Alien Status for State Benefits complet Yes ONO Date .. Accepted by: ce nse # 7/27/2015 page T of 9 Marana Regular Council Meetidgc6�41q�Vp6quiring ADA accommodations please call (602 )542 -9027 cn (A:1 Total of All Fees Page 51 of 91 SECTION 6 - continued TRUST Name of Trust: SECTION 7 Corporations/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. El Corporation Complete Questions 1, 2, 3, 4, 5, 6, and 7 ,K. L.L.C. Complete Questions 1, 2, 3, , 4, 5, 6, and 7 1. Name of Corporation/ L.L.C: 2. Date Incorporated/Organized: ��� ,' State where Incorporated/Organized. •r° f `'` `� °.� =_ 3. AZ Corporation or AZ L.L.0 File No: Date authorized to do Business in AZ: `�- _ 4. is Corp /L.L.C. Non Profit? E]Ye�No 5. List Directors, Officers, Members in Corporation /L.L.C: I.- t4 r~irc4 AAiAAlc% Th(= hAniiinn Ar#rirocc rHu C n4ex Tin l nr41M Y..4 : �w�.. / 0.4, .�� . "" �') u 4- C'.� �i r f + +°d4�s►� :.L.. -i.. r C..�_y F V'•:x 4s: (A"acn aaamonai sneer it necessary) 6. List all Stockholders / percentage owners who own 10 r more: r I .ei rl"4 AA1'r4A1z% cv-n un ri AAreiiinri drlrireicc rih, rlrt f rsrica �•�.- � is f+ � � :� . �.• �"� 1'x..1 R .3� � �ti- :� �►..f? �- �-i� � �, �C�:d i �S • � ] }-�' � �: ] 1`�... �. �.L„ � °,;a. � .. � �i ,�,,,,�` 1� ►`�..:.r '}` i� i..�:.ra� ��; "' � "� (A"acn aaamonai snee? it necessary) 7. If the corporation/ L.L.0 are owned by another entity, attach an organizational FLOWCHART showing the structure of the ownership. Attach additional sheets as needed in order to disclose the officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. 7/27/2015 page 3 of 9 Marana Regular Council Meetidgg6�iiMgqb WuNng ADA accommodations please call {602 }542 -9027 Page 52 of 91 SECTION 12 Person to Person Transfer Questions to be completed by Current Licensee (Bar and Liquor Stores Only- Series, 06, 07, and 09) 1. Individual owner / Agent Name: 2. ownership Name: 3. Business Name: Last First Middle Entity: (Ind ividu gent, Etc) (Exactly as it appears on license) (Exactly as it appears on license) 4. Business Location Address: 5. License Type: 6. Current Nailing Address: Street city License Number: State Zip Street city State Zip 7. Have all creditors, lien holders, interest holders, etc. been noti . d? El Yes El No 8. Does the applicant intend to operate the business while this application is pending? ❑ Yes ❑ No It yes, complete Section 5 (interim Permit) of this applic on; attach fee, and current license to this application. t 9. 1, (Print Full Name) hereby authorize the department to process this Application to o transfer the privilege of the license to the ap'1 €cant provided that all terms and c nd itions of sale are m et . B ased on the fulfillment of these conditions, I certify �af the applicant now owns or will own the property rights of the license by the date of issue. }: 1, (Print Full Name , declare that I am the CURRENT OWNER, MEMBER, PARTNER . J STOCKHOLDER or LICENSEE of the license. I have read the above Section 12 and confirm that all statements are true, correct, and complete./ r 7/27/2015 page 5 of 9 Marana Regular Council Meetir1U( &M4 Arf6quiring AIWA accommodations please call (602)542 -9027 Page 53 of 91 SECTION 15 Restaurant or hotel/motel license applicants 1. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location ?[Yes o 2. If the answer f Question 1 is YES, you may qualify for an Interim Permit f operate while your application is pending, consult A.R.S. § 4- 203.01; and complete SECTION 5 of this application. 3. All Restaurant and Hofel /Motel applicants must complete a Restaurant operation Plan form provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4- 205.02. (H) (2), a Restaurant is an establishment which derives at least forty (40) percent of its gross revenue from the sale of food: Cross revenue is the revenue derived from sales of food and spirituous liquor on the licensed premises. By applying for this •Restaurant 0 Hotel/Motel, I certify that I understand that I must maintain a minimum of forty (40) percent food sales based on fhes efin' . ns and have included. the Restaurant Hotel Motel Records Re uired for Audit form with this application 6 1 11-le 5. 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 Pu are not ready for your inspection 90 days after filing your application, please request an extension in t tAlp 6ir's ify why the extension is necessary, and the new inspection date you are requesting. Initials] SECTION 16 Diagram of Premises Check ALL boxes that apply to your business: Entrances /Exits ❑ Walk -up windows Liquor storage areas Patio: Contiguous ❑ Non Contiguous El Drive - through windows 1. Is your licensed premises currently closed due to construction, renovation or redesign? Yes] No If yes, what is your estimated completion date? - / is i Mordh/DaY7Year 2. 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. Place for diagram is on section 16 number 6. 3. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above). 4. 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 (8), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to the boundaries, entrances, exits, added or d*teoAbors, windows, service windows or increase or decrease to the square footage after submitting this in p ant's Initials) 7/27/2015 page 7 of 9 Marana Regular Council Meetinlydt(jdgjd@Muiring ADA accommodations please call (602 )542-9027 Page 54 of 91 z w w :3 w X CID 0 0 CID CID rf C) C) NJ C) CY) CID (311 (311 0 h Cfl Z�z e% rY BACK WALL FURRED OUT Wl 3 518"VIE*L StUOS @ 18 -QC, wl star Gy . 8D. N EVV MOP SINK 601-01 3m kJ IfflifflifflM LIN �-- ; I . r , Q j 3D68 03 1 GE S 39 TOR4 18 A —eB COOLER 4 0 Me 2 a I 2* 1 1 6 % � f I ^ r's� t- Nv' I OD Ek If BEER t TAP J L — - — - — - SALSA I RA TIO ; I I 0 � � %BAR 512 S,F. EXIST ING 23 . 100 SE-1 TLIVG 9 101 BAR 1,416 S.F. � ' �' ^ ` � A ED 1 0 1 17 T3 t� 2 -477 S 3068 t 17 t i 0 3 T-4' 4 � ' 31-7' 2 ro RAILiNG T YPICAL WROUGFT VV ?, di 03 1 r l 0 GJ IV � I .r t• , Ql'l % 41 S.F. 60 0. 0 p � Vl[?EO GAMES SECTION 17 SIGNATURE BLOCK I, ( Pri n t Full N h ere by declare that I am the Owner/Agent tiling this application as stated in Section 4 # 1. 1 have read this application and verify all statements to be true, correct and complete. X {5ignatu 3 r� OFFIC I S EAL MICI r%-"101 EGROVE J /IRY PUBLIC r - of kizma My commission expires on: State of County of The foregoing instrument was acknowledged before me this pI �6 of d � Day o th Year r gnature afN0 RY BLIC .t A.R.S. § 41 - 1030. Invalidi of rules not made according to this chapter; prohibited ag ency action p rohibited acts by state employ enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12- 820.01 OR I2- 820.02. 7/27/2015 page 9 of 9 Marana Regular Council Meetin�o�,)dyonq%quiring ADA accommodations please call (602)542 -9027 Page 56 of 91 Arizona Department of Liquor Licenses and Control 800 VII Washington 5th Floor Phoenix, AZ 85007 -2934 www.azliquor.gov (602) 5425141 AFFIDAVIT OF POSTING Date of Posting: January 29, 2016 Applicant's Name: Kramber Last First Business Address-, 67 41 N. Thornydale Drive #121 . . ...... ........... .................. .... . . . . Date of Posting Removal: Kevin Street License #: 12104408 Arnold Middle Tucson 85741 city 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. Elton Burns, Jr. Housing Specialist 520-990 Print Name of City/County official Title Phone Number Signature Da4e Signed Return this affidavit with your recommendations (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. 8/21/2015 Marana Regular Council Meeting 03/01/2016 Page 1 of 1 Page 57 of 91 Individuals requiring A DA accommodations please call (602) 542 -9427 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 , www.azliquor.gov (602) 542 -5141 Local Governing Body Recommendation A.R.S. § 4- 201(C) 1. City or Town of: Marana (Circle one) 2. County of: Pima Liquor License Application #: 12104408 (Arizona application #) City /Town /County #: 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2), (Name of entertainment district) A boundary map of entertainment district must be attached. M T C r1Cl 'I R I (Date of resolution to create the entertainment district) 1 st of 4. The arana oWn oU at a egu ar meeting held on the (Governing body) (Regular or special) March 2016 considered the application of Kevin Arnold Kramber (Month) (Year) (Name of applicant) for a license to sells irituous li uor at the remises described in a lication #12104408 p q p pp , (Arizona liquor license application #) for the license series #: type s p rovided b e Series #12 Restaurant 4 -201. Y A.R.S § (i.e.: series #10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Kevin Arnold Kramber (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, 5th Floor, Phoenix, Arizona. Dated at on , (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Day) (Signature of city, town or county clerk) 8/21/2015 Marana Regular Council Meeting 03/01/2016 Page 1 of 1 Page 58 of 91 Individuals requiring ADA accommodations please call (602)542 -9027 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 03/01/2016 Page 59 of 91 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 03/01/2016 Page 60 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L2 Meeting Date: 03/01/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: March 1, 2016 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 Jodi Lynn Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, AZ 85743 (Jocelyn C. Bronson) Discussion: This application is for a new series #10 Beer and Wine Store liquor license at Good 2 Go, located at 8333 N. Cortaro Road, Marana, AZ 85743. 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 03/01/2016 Page 61 of 91 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 Jodi Lynn Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, AZ 85743. 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 Jodi Lynn Vurnovas on behalf of Good 2 Go, located at 8333 N. Cortaro Road, Marana, AZ 85743. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Liquor Licenses Marana Regular Council Meeting 03/01/2016 Page 62 of 91 Arizona Department of Liquor Licenses and Control 0 FEB 2016 AM10 : 55 800 W Washington 5th Floor RECEIVED - .- Phoenix, Az 85007 L " www.azliquor.gov FEB 0`3 2016 (602) 542 -5141 Town of Mara rya Ci k's Office Application for Liquor License .Type or Print with Black Ink SECTION I This application is for a: []interim Permit (Complete Section 5) New License (Complete Sections 2, 3, 4, 13, 14, 15, 16) []Person Transfer (Complete Section 2, 3, 4, 12, 13, 14,16) [:] Location Transfer (Bars and Liquor Stores Only) (Complete Section 2, 3, 4, 11, 13, 14, 16) []Probate/ Will Assignment/ Divorce Decree (Complete Sections 2, 3, 4, 9, 13, 14, 16) (Fee not required) []Government (Complete Sections 2, 3, -4, 10, 13, 16) 0 Seasonal SECTION 2 Type of Ownership: EI.T.W.R.O.S. (Compete Section 6) ❑Individual (Complete Section 6) OPartnership (Complete Section 6) corporation (Complete Section 7) OUimited Liability Co (Complete Section 7) ❑Club (Complete Section 8) ❑Government (Complete Section 10) ElTrust (Complete Section 6) []Tribe (Complete Section 6) Other (Explain) SECTION 3 Type of license 1. Type of License: APPLICATION FEE AND INTERIM PERMIT FEES lF APPLICABLE ARE NOT REFUNDABLE A service fee of 25 will be charged for all dishonored checks A.R.S. 44 --6852 SECTION 4 Applicants 1. individual Owner/Ag Name: v upoows . G L Last First Middle 2. Owner Name: (Ownership name for type of ownership checked on section 2) 3. Business Name: 4. Business Location Address: (Do not use PO Box) (Exactly as it appears on the exterior of premises) Street 5. Mailing Address: (All correspondence will be marled to this address) Street 6. Business Phone: 7. Email Address: City State Zip Code County City State rip Code Daytime Contact Phone: !3 algl I - 8. Is the Business located within the incorporated limits of the above city or town? [ 9. Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? E:]YeSONo If Yes, what Ci Town or Tribal Reservation is this Business located in: TO. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) $ Department Use only Fees' / Cc 41 Application Interim Permit Site Inspection Finger Prints Fatal of All fees Is Arizona Statement of Citi nsh' & Alien Status for State Benefits comple Yes ❑ No Accepted by: Date License # LICENSE # M i5� r r� LO n 7x2712015 pa v, of 9 ME N4 Marana Regular Council Mee \630112G Viring ADA accommodations please call E3 Arizona Department of Liquor Licenses and Control: 800 III Washington 5th Floor Phoenix, AZ 85007 www.azl (602) 542 -5141 Application for Liquor License Type or Print with Black ink SECTION I This application is for a: 21interim Permit (Complete Section 5) EINew License (Complete Sections 2, 3, 4, 13, 14, 15, 16) []Person Transfer (Complete Section 2, 3, 4, 12, 13, 14,16) E]Location Transfer (Bars and Liquor Stores Only) (Complete Section 2, 3, 4, 11, 13, 14.16) E]Probate/ Will Assignment/ Divorce Decree (Complete Sections 2, 3, 4, 9,13t 14, 16) ffee not required) J-]Covernment (Complete Sections 2, 3, 4, to, 13, 16) 0 Seasonal SECTION 2 Type of Ownership: ED.T.W.R.O.S. (Complete Section 6) Dindividual (Complete Section 6) E]Partnership (Complete Section 6) [-] Corporation (Complete Section 7) E]Umited Liability Co (Complete Section 7) Club (Complete Section 8) ElGovernment (Complete Section 10) [:]Trust (Complete Section 6) E3dbe (Complete Section 6) [:] Other (Explain) SECTION 3 Type of license LICENSE # 10'I 1. Type of License: Series ` 10 Beer & wine Store APPLICATION FEIE AND INTERIM PERMIT FEES IF APPLICABLE) ARE NOT REFUNDABLE A service fee of 25 will be char ed for all dishonored checks A. R.S. 44 - 6552 SECTION 4 Applicants 1. Individual Owner/Agent's Name: Vumovas, Jodi, Lynn Last First Middle 2. Owner Name: Good 2 Co Stores, LLC (Ownership name for type of ownership checked on section 2) 3. Business Name: Good 2 Co (Exactly as it appears on theexterior of premises) 4. Business Location Address 3333 N Cortaro Rd, Marana, AZ 85743, Pima (Do not use Po Box)- street City State rip Code County 5. Mailing Address: P.O. Box 50520, Idaho Falls, ID 83405 (All correspondence will be mated to this address) Street City State Zip Code 6. Business Phone: 520-744-4611 Daytime Contact Phone: 7. Email Address: sboyle @bradhalifuel.com 8. Is the Business located within the incorporated limits of the above city or town ?DYesl- 9. Does fhe Business location address have a street address for a City or Town but is actually in the boundaries of another City.. Town or Tribal Reservation? E]YeSEINo if Yes, what City, Town or Tribal Reservation is this Business located in: 10. Total Price paid for Series 6 Bar. Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) $ ON Department Use only Fees: Application Interim Permit Site Inspection r Yes er Prints al of A!! Fees Is Arizona Statement oAC & Alien Status for State Benefits comp/ e C]N o Accepted by: Date:j License # 7/ 27/2015 page/of 9 Marana Regular Council lVIEIeftdUWfiQdiHng ADA accommodations pleas 6 of 91 L � � M� W t n �ti SEM .,.,,., k06rif ftiiiiit # Ifyou intend to o to bWn �n y".- � pkan i� p��ng. you wig mod on inter pair ��nt -to A5 § 4 -3,01 # RweALIST be a vd0d kem of 'the M ;We YOU e oppWafor c"en#y fzue to •the k=Wn 00or thy:. reod coment, Of .d Hotev 0tel Ide6se: NOth a• Ro6si t Hc6hse giant to.A.R . 4..0 L 1, Enfer Scenise number rtenf y at tht locq*ml. I' 103,608 2. is the Uc6 .:Curren* in bse? Y [] No H no, ho'wlo�: -his it ��. md of use ?' - ffach'o ropyvf the license urf"ffy fs$VW , thEs tdcatt ° to th1S 1pp#C .- ,sruc-e-wdyn :H'Ibrob 4 ,dedJare-that.1 dm the'CURRENT OWNER. AGEK OR.CONTROWNG �� � ���. •�`���� �� thy: •stat�d.•���• d�c� � i�cc�tiah. . state C at +• NARY POWO - ARIZONA Th e wegohg wtumept Mna X34 of k �. ddyt May 10..2013 wo Y yecw y n� fps an: .. =� :QUE0UNRE., AN•%PF'UCANr TYPE FMAMI .CARD. ,dl• a�»ar- ii. T1f sr is a n y � on a� man a�ve. to -$h&o in prof' . • d hie gr w Dyies 0 if Y-es,, g�� row,. nt•od�; :ond •tet nu b: at p'n( ).. Use ad Rional � .if tech, -Marine'-of Paiiiirtei ilpi! �ara�r�+rYl_iLnwil,�e��ri #�.r! err# : �f #;�►� b��tu,,,,n� - I7r�i�::.� �:�:�veaahlr. tl"`�hr '1'�rs l'��.� .� �. (JC" Tit wf 9191ft of sue&qrship) sty ode.. 7/27/2015 pogo 2 of 9 Marana Regular Council Meeting 03/01/2016 Page 65 of 91 n❑ . 0 '0 r� ❑ .� �. (JC" Tit wf 9191ft of sue&qrship) sty ode.. 7/27/2015 pogo 2 of 9 Marana Regular Council Meeting 03/01/2016 Page 65 of 91 'SECTION 6 - continued TR UST SECTiC]N 7 Corporafions/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. . EJ Corporation Complete Questions 1, 2, 3, 4, 5, 6, and 7 L.L.C. Comple Questions 1, Z A , 4, 5, 6, and 7 1 . Name of Corp oration/ LLC: Good 2 Go Stores, LLC 2. Date Incorporated/Qrganized: 09/25/2012 State where Incorporated/Organized: Idaho 3. AT Corporation or Az L.L.0 File No: R20588053 Date authorized to do Business in Az: 01/18/2010 4. Is Corp/L.L.C. Non Profit? ❑ Yes El No 5. List Directors,, Officers,. Members in Corporation /L.L.C: I _ -A itt,. & ■AL4,41 . '13i1s UniTinn Arfrimtc C_r'fV gfnf#% Nn 1''nr4sa . - ■r _ ., 4 - ........... S- WIUAN III It, tmmcn oaamonatsneew a nece3NUryJ 6. List all Stockholders / percentage owners who own 10% or more: 1 —..s ct.," ■at..tAVt 01fN " v%1ft •E AAr%inrwv AArfi -azee C" l' E She ZIP Code .20-- - - . ........ . -a4 �S5 4 LUC • + tAniacn aaamonai sneer a necessoryj 7. If the corporation/ L.L.0 are owned by another entity, attach an Organizational FLOWCHART showing the structure of the ownership. Attach additional sheets as needed in order to disclose the officers. Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. 7/27/2015 page 3 of 9 Marana Regular Council lVlMd[akf0&19ftWrfhg ADA accommodations please call (602)542-9027 Page 66 of 91 TR Name of Trial Ownership: SECTION 7 Corporations/ Limited Liabilit Co Applicant, Good 2 Go Stores., 1-1-C., is 100% owned b Brad Hall & Associates., Inc, (VV% 1 The Officers of Brad Hall & Associates, Inc. include: Last, First. Middle Title Mailin Address Halljo Brad President 4937 Lad Hawk Ln.., Idaho Falls, ID 83406 Hall,, Cole, R Vice-President 5469 Lon Cove Dr.,, Idaho Falls, ID 83404 Thompson, Jerrad, Alan Treasurer ... ......... ... 5570 Lon Cove Dr., Idaho Falls, ID The Stockholders of Brad Hall & Associates, Inc. who own 10% or more are: Name Percenta Mailin Address' Brad H. Hall and Andrea P. Hall, 81% jointl 2840 Sunn Ln., Idaho Falls, ID 83404 husband and wife • No other person owns 10% or more of Brad Hall & Associates.. Inc. Marana Re Council Meetin 03/01/2016 Pa 67 of 91 SECTION 8 Club Applicants EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. i. Name of Club: 2. Is Club non - profits E]Yes ❑ 3. List all controlling members (minimum of four (4) requested) (Attach adainonat sneer R necessary) SECTION 9 Probate, will Assignment or Divorce Decree of an existing Liquor License 1. Current Licensee's Name: (Exactly as it appear on the license) last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number. 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, SECTION 10 Government (for cities, towns, or counties only) 1. Government Entity: 2. Person/Designee: Fifst East Middle Day time Contact Phone # A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION I "I Location to Location Transfer: Series 6 Bar,, Series 7 Beer & wine Series 9 Liquor Stores only) 1. Current Business: Name: Address: (Exactly as It appears on license) 2. New Business: Name: Address: 3. License Type: License Number: 7/27/2015, page 4 of 9 Marana Regular Council Meek\W 120dj6i6ng ADA accommodations please call (602 )542 -9027 Page 68 of 91 SECTION 12 Person to Person Transfer Questions to be completed by Current Licensee (Bar and Liquor Stores Only- Series,, Db, 07, and 09) 1. Individual Owner/ Agent Name: Entity: Last first Middle (Individual, Agent, Etc) 2. Ownership Name: (Exactly as it appears on license) 3. Business Name: (Exactly as it appears can license) 4. Business Location Address: Street City State Zip 5. License Type: License Number: 6. Current Mailing Address: street City State Zip 7. Have all creditors, lien holders, interest holders, etc. been notified? [l Yes Ej No 8. Does the applicant intend to operate the business while this application is pending? ElYes E]No If yes, Complete Section 5 (Interim Permit) of this application, attach fee, and current license to this application. 9. 1, {Print Full Name} hereby authorize the department to process this Application to transfer the 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, (pant Full Nam) , - - declare that I am the CURRENT OWNER, MEMBER, PARTNER STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 12 and confirm that all statements are true, correct, and complete. X (Signature of CURRENT Individual Owner/Agent) NOTARY State of County of State County The foregoing instrument was acknowledged before me this day of • Da Month Year My commission expires on Day/ Month/Year Signature of NOTARY PUBLIC 7/27/2015 page 5 of 9 Marana Regular Council Me jj6i6ng ADA accommodations please call (602)542 --9027 Page 69 of 91 SECTION 13 Proximity to Church or School Questions to be completed by all in -state applicants EXCLUDING those ar)plying for a Series 5 Government Series I I Hotel Motel and Series 12 Restaurant licenses 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) horizontal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4- 205.01) 1. Distance to nearest School: q.8 Miles (H less than one (1) mile note footage) 2. Distance to nearest Church: 0.8 Miles (if less than one (1) mile note footage) SECTION 14 Business Financials c) Government license (§ 4- 205.03) d] Fenced playing area of a golf course (§ 4 -207 (g) (5) ) Name of School: Coyote Trail Elementary School Address: 8000 N Silv Rd, Tucson, AZ 85747 Name of Church: Road a Week Night Church Address: 7701 N Silverbell Rd, Tucson, AZ 85747 1. i am the: El Lessee El Sub- lessee E] owner El Purchaser [:] Management Company 2. If the p remise is leased give lessors: Name: Marana AZ Property, LLC Address: P.C Box 50820, Idaho Palls, ID 83405 3. Monthly Rent/ Lease Rate: $ 11,915.54 4. What is the remaining length of the lease? 10 5. What is the penalty if the lease is not fulfilled? $ Street City State yrs months or other: None (Give details- attach additional sheet N necessary) (Attach additional sheet n necessary) 7. What type of business will this license be used for (be specific)? Convenience Store Zip 8. Has a license or a transfer license for the premises on this application been denied by the state with in the past (1) year? E] Yes El No If yes, attach explanation. 9. Does any spirituous liquor manufacture, wholesaler, or employee have an interest in your business E]Yes El No 10. Is the premises currently license with a liquor license? ✓Q Yes E:1 No If yes, give license number and licensee's name: • / 0 / 03608 Individual Owner /Agent Name: Bruce Wayne Holbrook License #. g (Exactly as it appears on license) 7/27/2015 page 6 of 9 Marana Regular Council MeehTdjAk /WY hiring ADA accommodations please call (602)542 -9027 Page 70 of 91 6. Total money borrowed for the Business not including lease? $ None Please List Lenders /People you owe money to for business. SECTION 15 Restaurant or hotel /motel license applicants 1. is there an existing Restaurant or Hotel/Motel Liquor License at the proposed location? E]Yes E]k 0 2. if the answer to Question I is YES, you may qualify for an Interim Permit to operate while your 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 provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4- 205.02. (H) (2), a Restaurant is an establishment which derives at least forty (40) percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from sales of food and spirituous liquor on the licensed premises. By applying for this El Restaurant DHotel/Motel, I certify that I understand that I must maintain a minimum of forty (oo) percent food sales based on these definitions and have included the Restaurant Hotel Motel Records Re wired for Audit form with this application. (Applicant's S19 nature) 5. 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 licensee. 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. (AppUcanrs Inft1s) SECTION 16 Diagram of Premises Check ALL boxes that apply to your business: El Entrances /Exits Q Liquor storage areas Patio: 0 Contiguous El Walk -up windows ❑ Drive- through windows ❑ Non Contiguous 1. Is your licensed premises currently closed. due to construction, renovation or redesigns Q Yes(✓ ] No If yes, what is your estimated completion date? Month /Day/Year 2. 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. Place for diagram is on section 16 number 6. 3. The diagram to detailed floor plan) you provide is required to disclose only the area (s) where spirituous liquor is to be sold, served consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above). 4. 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 (8), l understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to the boundaries, entrances, exits, added or deleted doors, windows, service windows or Increase or decrease to the square footage after submitting this Initial di (App cant's initials) 7/27/2015 page 7 of 9 Individuals requiring ADA accommodations please call (602)542-9027 Marana Regular Council Meeting 03/01/2016 Page 71 of 91 SECTION 16 Diagram of Premises - continued 6. On the diagram please show only the areas where spirituous liquor is to be sold, sewed. consumed, dispensed,, possessed or stored. It must show all entrances, exits, interior walls, bars, hi -top tables, dining tables, dining chairs, dance floor, stage, game room, and the kitchen. DO NOT include parking lots.. lining quarters, etc. When completing diagram. North Is up T. If a legible copy of a rendering or drawing of your diagram of the premises is attached to this application, please write the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application. DIAGRAM OF PREMISES 7/27/2015 page 8 cif 9 Marana Regular Council MeetindiMM12D iring ADA accommodations please call (602)542 -9027 Page 72 of 91 a-C�roG �... N r • � w ;x} +IL t w F � �1 Marana RegularlCouncil Meeting 03/01/2016 Page 73 of 91 SECTIO , SIGNATURE BLO K �. [PrJrrt Full Name 4 " hereby declare that f am the Owner /Agent filing this application as stated n Sec 4 # � !, have read this a complete. � pplrcatEOn and �enfy all statements to be true, correct and 4 X (SignaWre) , .,ol t v e �l� Ck Ycf N4� �,� yo u tl - TAR Y ~. J, A•:K N V Yw wr C } frr -W n Pu F � ur rir pr..tR t; W on.- y � O f 25 // k 1 � State of �q_AO County of The foregoing instrument was acknowledged before me this of '0190a Day Month Year Signature of NOTARY PUBLIC A.R.S. § 41 - 1030, nvaliditv of rules no rding to this ch a ter• rohibited a enc action - rohibited acts by state em !o ees• enforcement• notice B. An agency shall not base a licensing decision in whole or in art an not specifically authorized by s tatute rule or state tribal p a licensing requirement or condi #ion that is requirement gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing q ent or condition unless a rule is made pursuant to that genera! rant of authority that specifically authorizes the requirement or condition. g D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE, APPLICATION TO A PA RTY THAT PR EVA lLS MACES AND ALL FEES ASSOCIATED WITH THE LICENSE IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PUBS THIS SECTION. A VIOLATION OF THIS PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTI /J� -j� 2 L. /N 12-820.01 �R � s•. 1J�40r�J 2• 7127/2015 Page 9 of 9 I n N 8qy�j l �nqg ih g Marano Regular Council Meeting A DA accommoda #ions please call (602) 5.42 -9027 Page 74 of 91 r± Arizona Department of Liquor Licenses and Control U STJ 800 W Washington 5th Floor ' r ' Y Phoenix AZ 85007 -2934 ffld *:, www.azliquor.gov (602) 542 -5141 AFFIDAVIT OF POSTING Date of Posting: F e b ru a ry 9, 2016 Date of Posting Removal: Applicant's Name: Vu rn ovas Jodi Lynn Last First Middle Business Address: 8333 N . Cortaro Road Marana 85743 Street City Zip License #: 10103800 hereby certify that pursuant to A.R.S. 4 -201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Elton Burns, Jr. Housing Specialist 520 - 990 -2496 Print Name of City /County Official Title Phone Number Signature Date Signed Return this affidavit with your recommendations (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. 8/21/2015 Marana Regular Council Meeting 03/01/2016 Page 1 of 1 Page 75 of 91 Individuals requiring ADA accommodations please call (602)542 -9027 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 , www.azliquor.gov (602) 542 -5141 Local Governing Body Recommendation A.R.S. § 4- 201(C) 1. City or Town of: (Circle one) Liquor License Application #: 2. County of: City /Town /County #: 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2) (Name of entertainment district) A boundary map of entertainment district must be attached. 4. The at a (Governing body) (Date of resolution to create the entertainment district) (Regular or special) considered the application of (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application , (Arizona liquor license application #) for the license series #: type 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 (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, 5th Floor, Phoenix, Arizona. Dated at on (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) meeting held on the (Arizona application #) (Day) of 8/21/2015 Marana Regular Council Meeting 03/01/2016 Page 1 of 1 Page 76 of 91 Individuals requiring ADA accommodations please call (602)542 -9027 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 03/01/2016 Page 77 of 91 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 03/01/2016 Page 78 of 91 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Al Meeting Date: 03/01/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: March 1, 2016 Strategic Plan Focus Area: Community Strategic Plan Focus Area Additional Info: Community Principle Statement 3/ We will invest in awell- managed government that provides reliable services and quality amenities for citizens and businesses. Initiative 12 (part): Align future infrastructure expansion with planned and /or complimentary capital improvement projects. Subject: Resolution No. 2016 -024 Relating to Public Works; approving and authorizing the Town Engineer to execute an Acquisition Agreement & Administrative Settlement and all other documentation necessary for the purchase of property rights needed from Penny Cardinal for the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. ST021 (Frank Cassidy) Discussion: This is an acquisition for the Tangerine Corridor project. The particulars of this deal are set forth in the acquisition agreement found in the backup materials. Town staff is available to justify and explain the proposed acquisition price and negotiations in an executive session, also scheduled for tonight's agenda in the event the Council requests it. Financial Impact: Fiscal Year: 2016 Budgeted Y Y/N: Amount: $52,500 (not to exceed) Marana Regular Council Meeting 03/01/2016 Page 79 of 91 The proposed acquisition amount is $50,000. The closing costs (payable by the Town) are not anticipated to exceed $2,500. Staff Recommendation: Staff recommends adoption of Resolution 2016 -024, approving and authorizing the Town Engineer to execute an Acquisition Agreement &Administrative Settlement and all other documentation necessary for the purchase of property rights needed from Penny Cardinal for the Tangerine Corridor project. Suggested Motion: I move to adopt Resolution 2016 -024, approving and authorizing the Town Engineer to execute an Acquisition Agreement & Administrative Settlement and all other documentation necessary for the purchase of property rights needed from Penny Cardinal for the Tangerine Corridor proj ect. Attachments Resolution 2016 -024 Exhibit A to Resolution ST021 Cardinal Agreement Marana Regular Council Meeting 03/01/2016 Page 80 of 91 MARANA RESOLUTION NO. 2016-024 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE AN ACQUISITION AGREEMENT & ADMINISTRATIVE SETTLEMENT AND ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF PROPERTY RIGHTS NEEDED FROM PENNY CARDINAL FOR THE N TANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO LA CANADA DRIVE, TOWN OF MARANA PROJECT NO. ST021 WHEREAS the Town of Marana is constructing the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021), (the "Tangerine Road Project "); and WHEREAS the Town of Marana needs to acquire property rights from Penny Cardinal to construct the improvements needed for the Tangerine Road Project (the "Needed Property "); and WHEREAS Town staff has negotiated an Acquisition Agreement & Administrative Settlement with Penny Cardinal Council for acquisition of the Needed Property, the terms of which exceed Town staff s general authority for acquisition of property rights needed for the Tangerine Road Project; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Town Engineer to execute the Acquisition Agreement & Administrative Settlement in substantially the form attached to and incorporated in this resolution as Exhibit A, and to execute all other documentation necessary for the purchase of the Needed Property from Penny Cardinal for the Tangerine Road Project. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 St day of March, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00045426.DOCX /1 Marana Resolution No. 2016 -024 Marana Regular Council Meeting 03/01/2016 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/23/2016 11:38 AM FJC Page 81 of 91 MARANA ENGINEERING DEPARTMENT ACQUISITION AGREEMENT &ADMINISTRATIVE SETTLEMENT This Agreement is made by and between Penny L. Cardinal, a married woman as her sole and separate property ( "owner "), and the Town of Marana, an Arizona municipal corporation ("Town"). Property and Acquisition Amount. The Owner owns the property described in instrument recorded on October 14, 2014, in Docket 12407, Page 5449 in the Pima County Recorder's Office, including all improvements located thereon (the "Property "). The Town has determined the need to acquire fee title to public rights -of -way and a drainage easement (the ` {Acquisition Area "), described in Exhibit "A." In lieu of court proceedings to acquire the Acquisition Area by eminent domain, the owner agrees to sell and the Town agrees to acquire fee title and a drainage easement to the Acquisition Area for the total sum of $50,000.00 (the "Revised Acquisition Amount"), subject to the terms and conditions set forth below: $50,000.00 $2,500. $52,500.00 Revised Acquisition Amount Estimated Closing Costs Total Not to Exceed Amount 2. Risk of Loss for Damage to Improvements. The owner shall be responsible for the risk of loss for any and all damage to the improvements located on the Acquisition Area prior to close of escrow. 3. Special Warranty Deed Document. The owner shall execute a Special Warranty Deed conveying title to the Town for the public right of way and a Dedication Deed of Easement conveying interest to the Town for the drainage easement, free and clear of all liens and encumbrances, upon deposit of all funds to the escrow company. Said documents shall be recorded upon receipt of all funds at which time all funds due to owner shall be released to Owner. 4. No Salvage. The owner shall not salvage or remove any fixtures, improvements, vegetation, located within the Acquisition Area. Personal property may be removed prior to close of escrow. 5. Escrow and Prorations. The Acquisition Amount shall be paid in full at closing. (a) The date of closing shall be used for proration of rents, property taxes and other similar costs, (b) assessments due for improvement districts shall be paid in full by the Owner prior to Marana Mayor and Council Approval: Resolution No.: 2014 -989, Dated Oct. t, 2014 S1 /T12S /R12E I TANGERINE ROAD CORRIDOR Project No. ST -921 Parcel No. 216- 92 -008F Acquisition Agreement for Penny L. Cardinal Marana Regular Council Meeting 03/01/2016 Page 1 of 8 Page 82 of 91 closing, and (c) property taxes shall be prorated based upon both the date of closing and the size of the Acquisition Area. Taxes will be prorated based upon the proportion of the Acquisition Area to the owner's entire assessed parcel. 0. Security Interest. Monies payable under this Agreement may be due holders of notes secured by mortgages or deeds of trusts ( "Lienholders "), up to and including the total amount of unpaid principal, interest and penalty. Those sums shall, upon demand, be paid to the Lienholders. owner shall obtain from the Lienholders releases for any fee transfer and consents for any transfer of an easement for the Acquisition Area. 7. Possession and Close of Escrow. Possession of the Acquisition Area shall be given to the Town at the date of closing. Close of escrow will occur within 45 days of Council Approval, but in any event no later than 90 days from execution of this agreement after which time owner shall have the option to cancel or renegotiate acquisition amount. 8. Environmental Representations. The Town and the owner agree that neither party is assuming any obligation of the other party relating to any potential liability arising from the environmental condition of the Acquisition Area. Each party shall remain responsible for its obligations as set forth by law. The owner hereby represents and warrants that, to the best of owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or located on the Property or within any surface or subsurface waters thereof; that no underground tanks have been located on the Property, that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property. 9. Environmental Inspection Rights. The owner shall permit the Town to conduct such inspections of the Property as the Town deems necessary to determine the environmental condition of the Acquisition Area. If environmental inspections do not specifically identify contamination but indicate a potential for contamination and recommend further testing or inspection, the parties hereby agree to extend the date of closing to at least 30 days after the report for such additional testing or inspection is completed on behalf of Town. If any environmental inspection reveals the presence of contamination or the need to conduct environmental clean -up, the owner shall remediate all contamination within the Acquisition Area adequate to bring it into compliance with all applicable Federal, State or local environmental regulations prior to Closing or the Town or owner may terminate this agreement. 10. No Leases. The owner warrants that there are no oral or written leases on all or any portion of the Acquisition Area. 11. Broker's Commission. Neither the owner nor the Town shall be responsible to pay brokerage or finders' fee related for this transaction. 12. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and owners Title Insurance Policy, shall be paid by the Town. 13. Right of Entry. This agreement grants the Town, its employees, agents, and consultants, the right to enter the Property effective as of the date this agreement is signed on behalf of the owner, which shall terminate when the Town takes title to the Acquisition Area or in 180 Marana Mayor and Council Approval: Resolution No.: 2014 -089, Dated Oct. 7, 2014 S1 /T 12S /R 12E TANGERINE ROAD CORRIDOR Project No. ST -021 Parcel No. 210- 02 -008F Acquisition Agreement for Penny L. Cardinal Marana Regular Council Meeting 03/01/2016 Page 2 of 8 Page 83 of 91 days, whichever occurs first. The Town shall be responsible to repair any disturbances or damage from any inspections and /or testing conducted by the Town or its agents in the event the Town fails to close escrow. 14. No Sale. owner shall not sell or encumber the Acquisition Area prior to close of escrow. 15. Conflict of Interest. This Agreement is subject to A.R.S. §38 -511 which provides for cancellation of contracts by the Town of Marana for certain conflicts of interest. 16. Survival of Representation and Warranties. All representations and warranties contained herein shall survive close of escrow. 17. Entire Agreement. This signed document shall constitute the entire Agreement between the parties. No modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by the Town, including just compensation for the Acquisition Area and severance damages to any remainder property (except as described in #13) and shall relieve the Town of all further obligation or claims relating to Property. 18. Exhibits. Any exhibit attached to this Agreement shall be deemed to be incorporated by reference with the same force and effect as if fully set forth in the body of this Agreement. 19. Compromise and Settlement. The parties to this Agreement acknowledge that the Acquisition Amount is not necessarily market value, but was agreed through compromise and settlement to avoid litigation. 20. Council Approval. This Agreement is subject to approval by the Town Council of the Town of Marana. 21. Real Estate Licensee Acknowledgement. All parties acknowledge owner is a licensed real estate broker in the State of Arizona. owner has not employed any broker or finder related to this transaction. Penny L. Cardinal By Town of Marana, an Arizona municipal corporation Keith Brann, P.E., CFM, Town Engineer Town of Marana, lead agency by Marana Resolution 2014 -089 Date: Approved as to form: Frank Cassidy, Town Attorney Marana Mayor and Council Approval: I Resolution No.: 2014 -089, dated Oct. 7, 2014 S1 /T 12S /R 12E I TANGERINE ROAD CORRIDOR Project No. ST --021 Parcel No. 216- 02 -008F Acquisition Agreement for Penny L. Cardinal Marana Regular Council Meeting 03/01/2016 Page 3 of 8 Page 84 of 91 STATE OF hr �ZOn� ) ) ss. County of P %M o., ) The foregoing instrument was acknowledged before me this 2 3` -j day of Fi.Srj , 2016 by Penny L. Cardinal. In Witness Whereof, I have set my hand and official seal. {SEAL} ra GEORGE A. CARDIERI Notary Public - Arizona Pima County My Comm. Expires Sep 4, 2019 C lzelroK CeA Notary Public Marana Mayor and Council Approval: Resolution No.: 2914 -989, Dated Oct. 7, 2914 S1 /T12S /R12E TANGERINE ROAD CORRIDOR Project No. ST -921 Parcel No. 216- 02 -998F Acquisition Agreement for Penny L. Cardinal Marana Regular Council Meeting 03/01/2016 Page 4 o f 8 Page 85 of 91 L_f July 13, 2015 EXHIBIT "A!' RIGHT-OF-WAY PIMA COUNTY TAX PARCEL 216-02-008F That portion of the propert described in Docket 12407, pa 5449, recorded in the Pima Count Recorder's Office., Pima Count Arizona, located in Lot 3, Section 1, Township 12 South, Ran 3 2 East Gila and Salt River Meridian,, Pima Count Arizona, lyin north of a line that lies 100.00 feet south of and parallel with the north line of said Section. SECONDARILY described as follows: BEGINNING at the northeast corner of said propert upon the south ri of Tan Road; IF THENCE upon said south ri South 89 de 26 minutes 13 seconds West, a distance of 314.43 feet to the northwest corner of said propert monumented b a 1-1/2 inch g alvanized pipe- THENCE upon the west line of said propert South 0 degrees 44 minutes 03 seconds East, a distance of 50.02 feet to a line 100.00 feet south of and parallel with said section line I THENCE upon said line, North 89 de 25 minutes 27 seconds East, a distance of 314.43 feet to the east line of said propert THENCE upon said east line, North 0 de 44 minutes 15 seconds West, a distance of 49.95 feet to the POINT OF BEGINNING. As a corollar containin approximatel 15,317 s ft. or 0.36{08 ac. See Exhibit B attached hereto. Prepared for the Town of Marana b PSOMAS Pro No. 7TMA130101 \V CA LA4 18557 it c J.0' TEAGUE 0 A 13 EXPIRES 9/30/16 RW 45 T:\7TMA130101\SURVEY\LEGALS\ R1J11-45-216-02-008F\RW-45-216-02-0C}8F—Le P 1 of 2 Marana Ma and Council Approval: I Resolution No.: 2014-089, Dated Oct. 7, 2014 S1 /T1 2S /R1 2E I TANGERINE ROAD CORRIDOR Project No. ST-021 Parcel No. 216-02-008F Ac A for Penn L. Cardinal Marana Re Council Meetin 03/01/2016 Pa 5 of 8 Pa 86 of 91 If/ 1/ NW 1/4 COR. SEC. 1 TANGERINE ROAD N. 1/4 CDR. 3� 1 2"' BD 3. 8O IN HAND HOLE MKD " (SO' per BK^ 7. P[� 83 F�Mj MKD. 'TOWN OF MARANA RLS 19316 , ' "PILS 35235" 8 88�5 VV(8.QEL) 2037.64 P.O.B. �-1/�" GALVANIZED PIPE /— '— | / � L1 \ / 15o717 SQ. FT.± ---'| — | | ` L3 | / | | u� 1OOOO ) \ / | | � | � | / | ( \ � /� i | / ' | \ Ln | os 27 � | | m+ J � | | | a� 216-02-008F | CARDINAL, PENNY L. | | u»/' /24u/, PC 544e \ > . / | i a=j tq � ~ � | / | | 1' 1 � / = LINE BEARING DISTANCE. L2 S00*44'03"E (C) 50.02' r7(47 NOO*44)15 V (C), 49-95t NOTE: (C): CALCULATED THE SECONDARY DESCRIPTION AND DEPIC11ON ARE SECONDARY m11HE PRIMARY PROPERTY oESmPJpno AND IS INCLUDED exm AID m DETERMINING THE AREA m= THE PROPERTY DESCRIBED. DIMENSIONS SHOWN ARE Awmnon mp RECORD, SURVEYED AND CALCULATED DATA. INFORMATION WAS COMPILED FROM TOWN m'uxmANA RIGHT-OF-WAY PLAN wu zma-om, PROJECT NO, amn, TANGERINE ROAD CORRIDOR, AND pUBuC RECORDS IN �| THE 0nn0E or THE PIMA COUNTY RECORDER, PIMA oOU*r� ARIZONA, PARTICULARLY IN SEQ. 20122980200 AND THE VESTING DEED OF THE SUBJECT PROPERTY� PSOM AS 333 E. Wetmore Road, Suilte 450,, Tucson, AZ 85705 Tell(520) 292-2300 7TMA1 30101 BKH/B7 ^8" PIMA COUNTY TAX PARCEL 216-02-008F LOT 3 SEC. 1, T12S R12E GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZ DATE: 7/13/2015 DRAWN BY: CL 4NO r4 RW 45 EXHIBIT g Marana Ma and Council Approval: — FResolution No.: 2014-089, Dated Oct. 7, 2014 S1 /T.12S /R12E TANGERINE ROAD CORRIDOR Project No. ST-021 Parcel No. 216-02-008F Ac A for Penn L. Cardinal Marana Re Council Meetin 03/01/2016 Flage 6 ot 8 Pa 87 of 91 Jul 17, 2015 EXHIBIT "N" DRAINAGE EASEMENT PIMA COUNTY TAX PARCEL 216-02-008F That portion of the propert described in Docket 12407, pa 5449, recorded in the Pima Count Recorder's Office, Pima Count Arizona, located in Lot 3, Section 1, Township 12 South, Ran 12 East., Gila and Salt River Meridian., Pima Count Arizona, described as follows: COMMENCING at the northeast corner of said propert upon the south right-of-wa of Tan Road THENCE upon the east line of said propert South 0 degrees 44 minutes 15 seconds East,, a distance of 49.95 feet to the POINT OF BEGINNING THENCE continue upon said east line, South 0 de 44 minutes 15 seconds East, a distance of 220.00 feet to a line 320.00 feet south of and parallel to the north line of Lot 3; THENCE upon said line, South 89 de 25 minutes 27 seconds West, a distance of 115.62 feet THENCE perpendicular to said north line, North 0 de 34 minutes 33 seconds West., a distance of 220.00 feet to a line 100.00 feet south of and parallel to the north line of Lot 3 THENCE upon said line, North 89 de 25 minutes 27 seconds East, a distance of 115.00 feet to the POINT OF BEGINNING. As a corollar containin approximatel 25,365 s ft. or 0.5823 ac. See Exhibit B attached hereto. Prepared for the Town of Marana b PSOMAS Pro No. 7TMA130101 Q LA 18557 J. 0. TEAGUE A EXPIRES 9/30/16 RW 45 T:\7TMA130101\SU RVEY\LEGALS\RW-45-216-G2-008F\D E-2 7216-02-008 F—Le 1. RTF P I of 2 Marana Ma and Council Approval: I Resolution No.: 2014-089, Dated Oct. 7, 2014 S1 /T.12S /R12E I TANGERINE ROAD CORRIDOR Proiect No. ST-021 Parcel No. 216-02-008F — Ac q uisition A for Penn L. Cardinal Marana Re Council Meetin 03/01/2016 pa 1 ot 8 Pa 88 of 91 1 L-11 NW 1/4 COR. SEC. 1 TANGERINE ROAD N. 2" 81) IN HAND HOLE MKD, (50' per EK 7, PG. 83 R.M.) '*TOWN OF MARANA RLS 19316 S 89'25'27" W (B.O.B.) 2637.64 P.C.C. raj 320.00' 1/4 COR. SEC 1 2"' BD MKD. "PL S 35235"' EXISTING RIGHT—OF—WAY — I — — � _ 25' TEP ESIVIT DKT. 6802, PG. 1274 L PROPOSED .j // j � %' / i`� RIGHT—OF—WAY 100-00' DE 27 � � 25j365 � /�� /�, SQ.. FT.± LOY \Aj 216-02-008F f CARDINAL, PENNY L. DKT, 12407, PG 5449 � /' � a LINE R RFARINr, DISTANCE NOM (C): CALCULATED INE SECOMARY DESCRIPTION AND DEPICTION ARE SECONDARY TO THE Pf4MARY PROPERTY DESMPTO AND IS INCLUDED AS AN AID TO DETERMMG THE AREA OF THE PROPERTY DESMED, ASONS SHOWN ARE A MIXTURE OF RECORD, SURVEYED AND CALCULATED DATA. INIFORMATION WAS COMPILED FROM TOM OF MARANA RIGHT-OF-WAY PLAN NO. 2013--007, PROJECT NO. SM21. TWERINE ROAD CMWOR, AND PUBLIC RECORDS IN THE OFFICE OF THE PIMA COUNTY REOMDER. PWA COUNTY, AFdZONA, PARTIaAARLY W SEC.. 20122980200, AND THE VESTING DEED OF THE SUBJECT PROKRTY. SCALE: 1 "-60' R EXHIBIT fOB" P S 0 M A S PIMA COUNTY TAX PARCEL 216-02—OOBF DE 27 333 E. Watmora Road, RIGHT—OF—WAY Suits 450, Tucson, AZ 85705 LOT 3, SEC, 1, T112S, R12E Tel(520) 292-2300 GILA & SALT RIVER MERIDIAN, PIMA COUNTY, AZI 7TMA1,30101 EXHIBIT' lf2� DATE; 7/16/2015 DRAWN BY: CL Kill) Marana Ma and Council Approval: I Resolution No.: 2014-089, Dated Oct. 7, 2014 S1 /T.12S /R12E I TANGERINE ROAD CORRIDOR Proiect No. ST-021 Parcel No. 216-02-008F Ac A for Penn L. Cardinal Marana Re Council Meetin 03/01/2016 Fage 6 of 6 Pa 89 of 91 P N O 0 / m - tn. A k Council - Regular Meeting D1 Meeting Date: 03/01/2016 To: Mayor and Council From: Erik Montague, Finance Director Date: March 1, 2016 Strategic Plan Focus Area: Commerce, Community, Heritage, Recreation, Progress & Innovation Strategic Plan Focus Area Additional Info: Home Rule provides the opportunity to allocate estimated resources to programs and services based upon local priorities which support the Strategic Plan. Subject: Relating to Alternative Expenditure Limitation (Home Rule Option); presentation, discussion and direction regarding extension of the alternative expenditure limitation for the Town of Marana and the timing of the next alternative expenditure limitation election (Erik Montague) Discussion: In 1985, and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. Without the Home Rule Option, Town expenditures may not exceed those set forth in the State Constitution. The State imposed limitation is determined by an expenditure base that was established in 1979 -80, adjusted for inflation and population growth over the years. To put this into perspective, the preliminary State - imposed constitutional limitation for the entire Town in fiscal year 2016 -2017 is $17,230,254. However, revenues for fiscal year 2015 -2016 were estimated to be $37,335,567 for the General Fund alone. Without the Home Rule Option, the Town would be required to reduce services and expenditures to get under the State - imposed limitation. Under the Home Rule Option, the expenditure limitation for the Town is determined (set) at the time of budget adoption and, as such, may exceed those imposed by the State of Arizona. The Home Rule Option is in effect for four consecutive years once it is approved. The current Home Rule option was approved by voters during the General Election on May 21, 2013 by a 2 -to -1 margin and is effective for fiscal years 2013 -14 through 2016 -17. Under the Marana Regular Council Meeting 03/01/2016 Page 90 of 91 previous election cycle, the Town would take the Home Rule Option to the voters in the spring of 2017 and, if approved by a majority of the voters, it would be in effect from 2017 -2018 through 2020 -2021. However, with the changes in state law requiring consolidated elections, the Town would need to take this item to the voters as part of either the Primary Election in August 2016, or the General Election in November 2016, or schedule a special election in the Spring of 2017. Staff will present information on the importance of the Home Rule Option to growing communities like Marana, provide options relating to when we may take this question to the voters, and seek feedback and direction from Council related to timing. Staff Recommendation: Council's pleasure Suggested Motion: Council's pleasure Attachments No file (s) attached. Marana Regular Council Meeting 03/01/2016 Page 91 of 91