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Home My WebLink About09/20/2016 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, September 20, 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 September 20, 2016, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Regular Council Meeting 09/20/2016 Page 1 of 97 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 09/20/2016 Page 2 of 97 P Proclaiming September 26 -- October 2, 2016 Diaper Need Awareness Week (Jocelyn C. Bronson) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS 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. 2016 -092 Relating to Utilities; authorizing the expansion of the Marana Water Department's water service area to include a portion of Tucson Water's Peppertree Ranch contracted service area in exchange for Tucson Water's expansion of its Dove Mountain contracted service area to serve a proposed Marana Unified School District school site (John Kmiec) C2 Resolution No. 2016 -093 Relating to Development; approving a final plat for Del Webb at Dove Mountain V, Lots 344-384 and Common Areas "A" (Private Streets), "B" (Drainage /Open Space) and "C" (Lift Station) generally located south of the intersection of Rim Trail and Bright Angel Trail (Steve Cheslak) C3 Resolution No. 2016 -094 Relating to Public Works; approving and authorizing the Mayor to execute the Wildlife Linkages Amendment to Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Marana for Construction of Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) C4 Resolution No. 2016 -095 Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Santa Cruz County for incarceration of municipal prisoners for the period of July 1, 2016 through June 30, 2017 (Jane Fairall) C5 Resolution No. 2016 -096 Relating to Municipal Court; approving the reappointment of Kenneth Bowman as magistrate pro- tempore for the Marana Municipal Court (Laine Sklar) C6 Approval of Regular Council Minutes from September 6, 2016 and approval of Study Session Minutes from September 13, 2016 (Jocelyn C. Bronson) Marana Regular Council Meeting 09/20/2016 Page 3 of 97 LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new series 12 restaurant liquor license application submitted by Carlos Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 15, 2016 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES B1 Relating to Boards, Commissions and Committees; selecting three potential topics for the Fall 2016 Marana Citizens' Forum (Jocelyn Bronson) COUNCIL ACTION Al Resolution No. 2016 -097: Relating to Community; creating the Town of Marana Youth Legacy Award for exemplary youth achievement in the Marana community (Vickie Hathaway) ITEMS FOR DISCUSSION /POSSIBLE ACTION D1 Relating to Community Affairs; discussion and possible action regarding MHC Healthcare's 60th Anniversary celebration, including the opportunity for the Town to become a sponsor and the funding options to support a sponsorship (Gilbert Davidson) 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. 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. E2 Executive Session pursuant to A.R.S. §38- 431.03 (A)(1) to discuss and evaluate the performance of Town Manager Gilbert Davidson. Marana Regular Council Meeting 09/20/2016 Page 4 of 97 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Marana Regular Council Meeting 09/20/2016 Page 5 of 97 N O 0 / n.. - tn. A k N N. Council - Regular Meeting P1 Meeting Date: 09/20/2016 Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 20, 2016 Subject: Proclaiming September 26 -- October 2, 2016 Diaper Need Awareness Week (Jocelyn C. Bronson) Attachments Diaper Need Awareness Week Marana Regular Council Meeting 09/20/2016 Page 6 of 97 PROCLAMATION DIAPER NEED AWARENESS WEEK 2016 WHEREAS access to a reliable suppl of clean diapers is a necessit for the health and welfare of infants and toddlers and their families as well as disabled persons and seniors needin incontinence supplies; and WHEREAS diapers cannot be purchased with food stamps or WIC vouchers and can therefore cause economic hardship to need families; and Pa 7 of 97 WHEREAS a suppl of diapers is g enerall y an eli re for participation in infant and toddler childcare pro and for disabled persons and seniors to live independentl and WHEREAS when this class of persons cannot participate in childcare or assisted pro for seniors, their families often face economic harm or disadvanta and WHEREAS the Marana communit supports or that reco the importance of diapers and incontinence supplies and provide and distribute them to low-income families, disabled persons and seniors throu various outlets. NOW, THEREFORE, the Ma and Council of the Town of Marana proclaim September 26 - October 2, 2016 DIAPER NEED AWARENESS WEEK and encoura all citizens to donate g enerousl y to diaper drives and distribution or as well as the Diaper Bank of Southern Arizona. Dated this 20th da of September, 2016. ATTEST: ,ocel C ronson, Town Clerk Marana Re Council Meetin 09/20/2016 W 00 Ed Honea, Ma V A till', N O 0 / m - tn. A k 4 0 Council - Regular Meeting C1 Meeting Date: 09/20/2016 To: Mayor and Council From: John Kmiec, Utilities Director Date: September 20, 2016 Strategic Plan Focus Area: Community Subject: Resolution No. 2016 -092 Relating to Utilities; authorizing the expansion of the Marana Water Department's water service area to include a portion of Tucson Water's Peppertree Ranch contracted service area in exchange for Tucson Water's expansion of its Dove Mountain contracted service area to serve a proposed Marana Unified School District school site (John Kmiec) Discussion: In an effort to ensure efficient access to water infrastructure within the Town limits, Tucson Water and Marana Water are recommending an adjustment to each of their respective water service areas. The primary purpose of this adjustment is to create an opportunity for the Marana Unified School District to develop infrastructure plans related to two future facility projects. In the Dove Mountain area, MUSD has plans to create a new school site for STEM level education opportunities for the District's children. In the Peppertree Ranch area, MUSD is preparing to move forward with a centralized bus facility. This centralized bus facility will allow the district to operate its fleet in the most efficient manner possible. It will reduce greenhouse gas emissions in the Tucson region because the fleet mileage will be greatly reduced on an annual basis compared to the District's current operations. A letter from the MUSD is attached, explaining both the need and the benefit to the community from the new operations center. Marana Water is proposing to accept seven parcels that are to be transferred from the Tucson Water Peppertree Ranch contractual water service area. These parcels will be incorporated into the Marana Water Hartman Vista water service area. The parcels are located north of Tiffany Loop, along the western side of the I -10 frontage road to the northern extent of the Town boundary, just south of Avra Valley Road. The parcel identification numbers of the seven parcels are: 226- 08 -007P, 226- 08 -002A, 226- 08 -007Q, 226- 08 -007A, 226- 08 -007S, 226 -08 -0200, and 226 -08 -0210. See Figure 1 and Exhibit A. Marana Regular Council Meeting 09/20/2016 Page 8 of 97 In exchange of these parcels from Tucson Water, Tucson Water is proposing to extend their water service area in Dove Mountain. Tucson Water will agree to extend service to incorporate parcel 218- 44 -067A. This parcel is located near the current western boundary of the Tucson Water service area on the north side of Moore Road. As shown in Exhibit 2, the Marana Water Department has no infrastructure within reasonable proximity to serve this educational facility. Besides this Town of Marana Resolution, the City of Tucson is scheduled to discuss with possible action on or after September 20, 2016, the water service area transfer. The transfer is contingent on both respective councils approving the water service area proposed changes. Staff Recommendation: Staff recommends adoption of Resolution No. 2016 -092, authorizing the expansion of the Marana Water Department's water service area to include a portion of Tucson Water's Peppertree Ranch contracted service area in exchange for Tucson Water's expansion of its Dove Mountain contracted service area to serve a proposed Marana Unified School District school site. Suggested Motion: I move to adopt Resolution No. 2016 -092; authorizing the expansion of the Marana Water Department's water service area to include a portion of Tucson Water's Peppertree Ranch contracted service area in exchange for Tucson Water's expansion of its Dove Mountain contracted service area to serve a proposed Marana Unified School District school site. Attachments Resolution No. 2016 -092 Exhibit A Figure 1 Figure 2 MUSD Letter Marana Regular Council Meeting 09/20/2016 Page 9 of 97 MARANA RESOLUTION NO. 2016-092 RELATING TO UTILITIES; AUTHORIZING THE EXPANSION OF THE MARANA WATER DEPARTMENT'S WATER SERVICE AREA TO INCLUDE A PORTION OF TUCSON WATER'S PEPPERTREE RANCH CONTRACTED SERVICE AREA IN EXCHANGE FOR TUCSON WATER'S EXPANSION OF ITS DOVE MOUNTAIN CONTRACTED SERVICE AREA TO SERVE A PROPOSED MARANA UNIFIED SCHOOL DISTRICT SCHOOL SITE WHEREAS Marana Unified School District proposes to construct a public school on an approximately 20.42 parcel of land located at the northwest corner of Moore Road and Sandra Road in the southeast quarter of the southwest quarter of Section 26, Township 11 South, Range 12 East, currently bearing Pima County Assessor's Parcel Number 218- 44 -067A (the "DM MUSD Site "); and WHEREAS the DM MUSD Site is located immediately west of Tucson Water's Dove Mountain contracted water service area; and WHEREAS Tucson Water's Peppertree Ranch contracted water service area includes certain parcels of land located east of the east bank of the Santa Cruz River and west of Interstate 10 in the northwest and southeast quarters of Section 16, Township 12 South, Range 12 East, currently bearing Pima County Assessor's Parcel Numbers 226- 08 -002A, -007P, -007Q, -007N, -0075, -0200, and -0210 (the "PR Out - Parcels "); and WHEREAS the PR Out - Parcels would be more easily and less expensively served by ex- tending water lines from existing Marana Water infrastructure than it would by extending water lines from existing Tucson Water infrastructure, and one of the PR Out - Parcels is currently being served by Marana Water; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Marana Water Department is authorized to expand its water service ar- ea to include all or any number of the PR Out - Parcels whose owners request Marana Water ser- vice when both of the following occur: A. The PR Out - Parcels whose owners request Marana Water service are removed from Tucson Water's Peppertree Ranch contracted water service area; and B. Tucson Water's Dove Mountain contracted water service area is expanded to serve the DM MUSD Site. Marana Resolution No. 2016 -092 Marana Regular Council Meeting 09/20/2016 Page 10 of 97 SECTION 2. The Marana Water Director, in consultation with the Town Manager and the Town Attorney, is hereby authorized to sign agreements and instruments on behalf of the Town of Marana that implement this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of September, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -092 Marana Regular Council Meeting 09/20/2016 Page 11 of 97 MARANA Exhibit A: Proposed Parcels to be Included in Marana Water Service Area Parcel No. Owner Acreage Less CMID Acreage 226- 08 -007P Pima County 9.87 9.39 226- 08 -002A Pima County 7.58 7.58 226- 08 -007Q MUSD No. 6 15.18 14.70 226- 08 -007N Tucson Quarter Midget Association 5.00 5 226 -08 -0075 Continental Ranch Development, LLC 14.84 14.84 226 -08 -0200 Huron Farm Management LLLP /John Deere 3.82 3.82 226 -08 -0210 Groome Properties IV, LLC /John Deere 2.47 2.24 Total (AC)= 58.76 57.57 Marana Regular Council Meeting 09/20/2016 Page 12 of 97 i IZ ne El L El El EHI FH1 H El El .y 1 s =i � N�j° W� \�E MAR . A E S N TOWN OF MARANA WATER SYSTEM Data Disclaimer: The Town of Magna provides this ap information "As Is" at the request of the user with the understanding that it is not guaranteed to be ate, correct or corn plate and conclusions drawn f a cu such information are the responsibility of the user. In event shall The Town of Magna become liable s of these data, or any other party, for any loss r r tlir t, indirect, special, incidental, or consequential inclutling but not limited to time, money, or go willlt�a sing from the use or motlifrcation of the data. Page 13 w ofNMaana z00 BLS Dove Mountain Area Subject Parcel Figure 2 U AA tR 4 �.,. * } 9 1% �� i l b i TANGERINE 0 0.25 0.5 1 Miles Currently Served by Tucson Water Service Obligated by Tucson Water Town of Marana Intended Service Area Other Water Provider Town of Marana Major Road 1VI r na Regular Council Meeting 9/20/2016 Subjec parcel 8/9/2016 W, U"" EV � - MOORE i pr LU o N ' W � a a W Z � Z Page 97 of H ■i" %0 i� 16 s GOVERNING BOARD ADMINISTRATION John Lewandowski, President Doug Wilson, Ed.D., Superintendent Tom Carlson, Vice President Carolyn Dumler, Ed.D., Assistant Superintendent Suzanne Hopkins, Member Kristin Reidy, Assistant Superintendent Maribel Lopez, Ed.D., Member Dan Contorno, Chief Financial Officer Dan Post, Member ?qARA INA UNIFIED SCHOOL DISTRICT September 9, 2016 Gilbert Davidson Marana Town Manager RE: Marana Unified School District — New Operations Center Dear Gilbert and Town of Marana Team, This letter is to inform you of our district's plans for development of a new operations center, give you details to those plans and ask for your cooperation in helping us bring the new operations center to fruition for our community. With the passage of Prop 417 in 2014 the community empowered our school district to utilize bond money for many purposes, one of those being a new operations center. The key rational other than the fact our existing bus yard and garage are aged out beyond repair is that the new location will provide us a centralized facility to provide transportation, facilities maintenance and other essential operational support functions more efficiently and effectively. The day we begin to operate busses alone from this centralized location we will gain resources that can be directed back into the budget for educational purposes. The property is Pima County Parcel 226- 08 -007Q. It is 15.18 acres on the west I -10 Frontage Rd. between Avra Valley Rd. and Twin Peaks Rd. The parcels to the north and west belong to Pima County and the property adjacent on the southeast belongs to the State of Arizona. We have begun basic design of the site and have design team and builders identified to assist us with this project. We plan to move this forward so this entire project is complete in the next 24 to 36 months. Any support the Town can provide will prove essential to making this project a success and ensuring we are moving faster toward better operations to support our communities children and schools while returning funding from gained efficiencies to our classrooms. Please feel free to contact us anytime for follow -up questions or to discuss ideas related to this project. Thank you, Russ Federico Executive Director Operational Support Marana Unified School District cc: Doug Wilson, Superintendent MUSD Dan Contorno, CFO MUSD Inspiring students to learn today and lead tomorrow. Marjn�Wg&, & qlI k&)& Arizona 85653 • (520) 682 -3243 • www.maranausd.orpage 15 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 09/20/2016 To: Mayor and Council From: Steven Cheslak, Senior Planner Date: September 20, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -093 Relating to Development; approving a final plat for Del Webb at Dove Mountain V, Lots 344-384 and Common Areas "A" (Private Streets), "B" (Drainage /Open Space) and "C" (Lift Station) generally located south of the intersection of Rim Trail and Bright Angel Trail (Steve Cheslak) Discussion: History The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. In 2013, a final plat for the first phase of Del Webb At Dove Mountain, incorporating a portion of the neighboring Los Saguaros subdivision, was approved by the Town Council on July 2, 2013 by Resolution 2013 -066. In 2014, the final plat for the second phase of Del Webb At Dove Mountain subdivision was approved by the Town Council on April 15, 2014 by Resolution 2014 -03 5. The third phase final plat for Del Webb At Dove Mountain was approved by the Town Council on May 5, 2015 by Resolution 2015 -039. On February 16, 2016, the Town Council approved Resolution 2016 -014 which created the fourth phase of the subdivision. Request Baker & Associates Engineering, Inc., representing the property owner, is requesting approval of a final plat for Del Webb at Dove Mountain V, consisting of Lots 344 -3 84 and Common Areas "A" (Private Streets), "B" (Drainage /Open Space) and "C" (Lift Station). The 15.5 acre plat consists of 41 residential lots that have backyard views of the Gallery Golf Club golf course or open space. This is the fifth final plat for the Del Webb at Dove Mountain active adult community. Additional phases are planned for the future as Pulte Homes plans on building up to 650 homes on approximately 200 acres in Dove Mountain. Marana Regular Council Meeting 09/20/2016 Page 16 of 97 Location The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located five miles north of Tangerine Road on the south side of Dove Mountain Boulevard, south of the intersection of Rim Trail and Bright Angel Trail. Zoning The zoning is "F" - Dove Mountain Specific Plan with a land use designation of "LDR" - Low Density Residential. The LDR designation required minimum lot size is 6,000 square feet. The minimum lot provided in the plat is 6,047 square feet and the maximum lot size is 9,952 square feet with an average lot size of 8,159 square feet. Transportation Access to the project area is off of Dove Mountain Boulevard through the two Del Webb subdivision entrances. The street within this phase of the subdivision will be dedicated as a common area, private street. Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2016 -093, approving a final plat for Del Webb at Dove Mountain V, Lots 344-384 and Common Areas "A ", "B" and "C". Attachments Resolution No. 2016 -093 PRV 1604 -001 Del Webb V Final Plat Location Map Application Marana Regular Council Meeting 09/20/2016 Page 17 of 97 MARANA RESOLUTION NO. 2016-093 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR DEL WEBB AT DOVE MOUNTAIN V, LOTS 344-384 AND COMMON AREAS " A " (PRIVATE STREETS), "B" (DRAINAGE /OPEN SPACE) AND "C" (LIFT STATION) GENERALLY LOCATED SOUTH OF THE INTERSECTION OF RIM TRAIL AND BRIGHT ANGEL TRAIL WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, by the adoption of Ordinance No. 2002.013; and WHEREAS Baker & Associates Engineering, Inc., representing the property owner, has applied for approval of a final plat for Del Webb at Dove Mountain V, consisting of Lots 344- 3 84 and Common Areas "A" (Private Streets), "B" (Drainage /Open Space) and "C" (Lift Station) on 15.5 acres, and generally located south of the intersection of Rim Trail and Bright Angel Trail, within Section 22, Township 11 South, Range 12 East; and WHEREAS the Marana Mayor and Town Council determined at its September 20, 2016 meeting that the final plat for Del Webb at Dove Mountain V, Lots 344 -384 and Common Areas "A ", "B" and "C ", should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the final plat for Del Webb at Dove Mountain V, Lots 344-384 and Common Areas "A" (Private Streets), "B" (Drainage /Open Space) and "C" (Lift Station), is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of September, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -093 Marana Regular Council Meeting 09/20/2016 Page 18 of 97 DEDICATION WE THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY FEE TILE INTEREST IN THE LAND SHOWN ON THIS PLAT, AND WE CONSENT TO THE SUBDIVISION OF SAID LAND IN THE MANNER SHOWN ON THIS PLAT. UTILITY EASEMENTS AS SHOWN ON THIS PLAT ARE GRANTED TO THE TOWN OF MARANA, P194 COUNTY, AND ALL PUBLIC AND PRIVATE U77LIFY COMPANIES FOR THE PURPOSE Or INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, PUBLIC AND PRIVATE UTILITIES, NO VEHICULAR ACCESS EASEMENTS SHOWN ON THIS PLAT ARE GRANTED TO THE TOWN OF MARANA FOR THE PURPOSE OF ACCESS CONTROL TO ADJACENT COMMON AREAS WE AND OUR SUCCESSORS AND ASSIGNS DO HEREBY HOLD THE TOWN OF MARANA, ITS EMPLOYEES, OFFICERS AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF THESE LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION, OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, FLOOD OR RAINFALL. NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED, OR OBSTRUCTED WITHOUT THE WRITTEN APPROVAL OF THE TOWN OF MARANA. COMMON AREAS 'A", 'B' AND "C", AS SHOWN ON THIS PLAT, ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION, THEIR GUEST AND IWITEES AND ARE GRANTED AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY, AND ALL PUBLIC AND PRIVATE UTILITY COMPANIES FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF, AND ACCESS TO, PUBLIC AND PRIVATE UTILMES. TITLE TO ALL COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS; CONDITIONS AND RESTRICTIONS OF RECORD IN THE OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA, RECORDED PRIOR TO THE RELEASE OF ASSURANCES. EACH AND EVERY LOT OWNER WITHIN THE SUBDIVISION SHALL BE A MEMBER OF THE ASSOCIATION. RESPONSIBILITY FOR THE CONTROL, MAINTENANCE, SAFETY AND LIABILITY OF ALL COMMON AREAS WITHIN THIS SUBDIVISION, AS SHOWN ON THIS PLAT, SHALL BE ALLOCATED TO THE ASSOCIATION UNDER SUCH COVENANTS, CONDITIONS AND RESTRICTIONS LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C., AN ARIZONA LIMITED LABILITY COMPANY, AS TRUSTEE UNDER TRUST NO. 18300-T, AND NOT IN ITS CORPORATE CAPACITY `IRL�ER B8EFlaARY OF LANDMARK TITLE ASSUFMA10E AGENCY OF AFMZONA LL C, TRUST NO. 18300-T PULTE HOME CORPORATION 16767 N. PERIMETER DRIVE, SCOTTSDALE ARIZONA 85620 GENERAL NOTES 1. THE GROSS AREA OF THIS SUBDIVISION IS 15.5 ACRES (677,662 S.F.). 2. THE TOTAL NUMBER OF LOTS IS 41. J. THE TOTAL AREA OF COMMON AREA 'A' (PRIVATE STREET) 15 2.06 ACRES (89,656 SF). THE TOTAL AREA OF COMMON AREA 18- (DRAINAGE /OPEN SPACE) IS 5.6 ACRES (243,453 SF). THE TOTAL AREA OF COMMON AREA -C- (LIFT STATION) IS 0.23 ACRES (10,019 SF). 4. TOTAL MILES OF NEW PRIVATE STREETS IS 0.37. 5. MINIMUM LOT SIZE. - MINIMUM ALLOWABLE LOT SIZE IS 6,000 Sr FOR ALL LOTS (PER THE DOVE MOUNTAIN SPECIFIC PLAN "LOR" DESIGNATION) - 8,000 SF REQUIRED FOR LOTS 347 - 384 ONLY (PER DECLARATION OF PROTEC77VE RESTRICTIONS AS RECORDED IN SEQ. NO. 20111160687) MINIMUM PROVIDED LOT SIZE IS 6047 SF (LOT 344 - NOT A RESTRICTION). AVERAGE LOT SIZE IS 8159 SF. MAXIMUM LOT SIZE PROVIDED IS 9952 SF (LOT 354 - NOT A RESTRICTION). MAXIMUM ALLOWABLE BUILDING HEIGHT IS 35 FT. 6. THE BUILDING SETBACKS ARE AS FOLLOWS, FRONT., 20' REAR, 15 SIDE. 5' CORNER' 20' 7 PARKING PROVISIONS INCLUDE 2 PARKING SPACES FOR EACH LOT (41 L07S X 2 = 82). ALL REQUIRED PARKING WILL BE OFF - STREET, ON-SITE 8. THE APPROVED ZONING FOR THIS PROJECT IS F' DOVE MOUNTAIN SPECIFIC PLAN AND THE LAND USE DESIGNATION IS ILDR' IN ACCORDANCE WITH THE DOVE MOUNTAIN SPECIFIC PLAN AND WILL REMAIN. 9. THE GROSS DENSITY FOR THIS PROJECT IS 2,6 RAC. 10, NO FURTHER SUBDIVIDING OR LOT SPLITTING SHALL BE DONE WITHOUT THE APPROVAL OF THE TOWN MARANA. MAYOR AND COUNCIL. 11, APPROVAL OF THIS PLAT DOES NOT AFFIRM, CERTIFY OR APPROVE ANY LAND DIVISION THAT MAY BE CONTRARY TO STATE LAW, NOR DOES IT CERTIFY THE EXISTENCE OF, OR COMPLIANCE WITH, ANY DEED RESTRICTIONS OR EASEMENTS. 12. OBJECTS AND MATERIALS WITHIN THE SIGHT - VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES ABOVE THE FINISHED GRADE OF THE ROADWAY SURFACE, AND SHALL CONFORM To SECTION 4.8 Or THE TOWN OF MARANA SUBDIVISION STANDARDS. IJ. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY IN WRITING THAT ALL IMPROVEMENTS, WHETHER PUBLIC OR PRIVATE, HAVE BEEN CONSTRUCTED, PLACED, INSTALLED, ETC., IN SUBSTANTIAL CONFORMANCE WITH THE ACCEPTED PLANS FOR THIS DEVELOPMENT CERTIFICATIONS MUST BE SUBMITTED TO THE TOWN OF MARANA PRIOR TO THE REQUEST FOR FINAL INSPECTION AND THE RELEASE OF ASSURANCES. 14. THE AREA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY BE SUBJECT 70 FLOODING FROM A 100-YEAR FREQUENCY FLOOD AND ALL LAND IN THIS AREA WILL BE RESTRICTED TO USES THAT ARE COMPATIBLE WITH THE FLOOD PLAIN MANAGEMENT AS APPROVED BY THE FLOOD PLAIN ADMINISTRATOR. IS, BASIS OF BEARING FOR THIS PROJECT IS THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 22, CER77FICA77ONS 1 - 11 -S, R-12-E. SAID BEARING BEING N00-0655-E. SEE SHEET 1 2. DEL WEBB AT DOVE MOUNTAIN LOTS 1 - 108 (SEQ. 120131930169) 1 HEREBY CERTIFY THAT THE BOUNDARY SURVEY AS SHOWN ON THIS PLAT WAS PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING OR PROPOSED SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY DESCRIBED. DOVE MOUNTAIN BOULEVARD SEQ. # 20132910078 3" = I MILE CHRIS E MORRISON DPW SURVEMNG, LLC REGISTERED LAND SURVEYOR NO. 26928 STATE OF ARIZONA N AN O C 26928 o CHRIS E. MORRISON GOLDEN BARREL DEL WEBB PLACE AT DOVE MTN. 21 V22 TRAIL LOTS 1 -172 LOS SAGUAROS AT (SEQ. 1201 1710079) DOVE MOUNTAIN DEL WEBB AT j (SEQ. 120121640199) DOVE MOUNTAI IV LOT 235-343 ALAMEDA �Af 03 +111 (SEQ. 120160500158) DEL WEBB AT TORTOLTA PRESERVE RIM TRAIL i DOVE MOUNTAIN 11 DOVE MOUNTAIN BRIGHT ANGEL TRAIL UNSUB. LOTS 109-167 1 HEREBY CERTIFY THAT THE INTERIOR SUBDIVISION GEOMETRY FOR THIS PLAT WAS EVIEWED AND SHOWN UNDER MY SUPERVISION. WILLIAM A BAKER, JR. SPECIFIC PLAN DEL WEBB AT (SEQ. 120141060105) BOUNDARY DOVE MOUNTAIN N TORTOLITA PRESERVE UNS— LOTS 29, 168-234 (SEQ. /201 PROJECT . . . . . . . . . . . . BAKER & ASSOCIATES ENGINEERING, INC. REGISTERED LAND SURVEYOR NO. 16784 STATE OF ARIZONA W1 16784 LUAM H. BAKER. J 9 s. -4 -, A 0- EXPIRES: 3/31/2017 28 LOCATION PLAN SECTION 22, TI IS, R12E, O&SRS&Y, TOWN OF MAMA, PIMA COUNTY, ARIZONA I HEREBY CERTIFY THAT THE FLOODPRONE LIMITS AND REVIEWED AND SHOWN UNDER MY SUPERVISION. MARTIN V. MAGELLI, P.E. EROSION HAZARD SETBACKS WERE 665 LEGEND BAKER & ASSOCIATES ENGINEERING, INC. REGISTERED ENGINEER NO. 36655 STATE OF ARIZONA MAR TIN V. a MAULL11 • SURVEY MONUMENT TO BE SET (TAGGED 'RLS 22245) PER TOWN OF MARANA SID. DTL. MIOJB (SEE ALSO BASIS OF BEARING INFORMATION, SHEET 2) 2' BRASS SURVEY MONUMENT TO BE SET TOWN OF MARANA APPROVALS BY, P.E. MARANA TOWN /DEVELOPMENT ENGINEER DATE BY., MAMA PLANNING DIRECTOR DATE • BOUNDARY CORNER TO BE SET (TAGGED IRLS 26,928) OR 112- RE5AR TO BE SET BY A REGISTERED LAND SURVEYOR SUBDIVISION BOUNDARY PIL PROPERTY LINE C23 CURVE DATA (SEE TABLE, SHEET 4) 1, ---- — — --- — -- — - __ CLERK CERTIFY THAT THIS PLAT WAS APPROVED BY THE MAYOR ON IgE --- DAY OF BY: CLERK OF THE TOWN OF MANNA PIMA COUNTY APPROVAL OF THE TOWN OF MARANA, HEREBY AND COUNCIL OF THE TOWN OF MARANA DATE L10 UNE DATA (SEE TABLE, SHEET 4) NEW RIGHT-OF-WAY LINE EXISTING RIGHT-OF-WAY LINE STREET CENTERLINE EASEMENT LINE AS SHOWN (SEE ALSO 'EASEMENT KEYNOTES," SHEETS 2 4) COUNT( REGIONAL WASTEWATER RECLAMATION DEPARTMENT DATE DEVELOPED 100 YEAR FLOODPRONE LINE ("FAL") DEVELOPED EROSION SETBACK LINE (E SL.) FEMA FLOODPRONE LIMIT (-AD) RECORDING DATA STATE OF ARIZONA I S.S. FEE COUNTY OF PIMA SEQUENCE NO. THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST ENGINEERING, INC., ON THIS -_ DAY OF SEQUENCE NO. ____ THEREOF OF BAKER AND ASSOCIATES 20 _ AT ____M- IN FEMA FLOODPRONE LIMIT (SHADED ZONE 'X) (R) RADIAL (SEE LINE DATA) S9 SIGHT VISIBILITY TRIANGLE EASEMENT AREA (SEE ALSO 'EASEMENT KEYNOTES' ACKNOWLEDGMENT 1 - 11 -S, R-12-E. SAID BEARING BEING N00-0655-E. SEE SHEET 1 2. FINAL PLAT for STATE OF ARIZONA I S.S. COUNTY OF PIMA ON THIS THE 1 0 Y OF 211k, BEFORE ME PERSONALLY APPEARED � A WHO ACKNOWLEDGED HIMSELF /HERSELF TO BE THE TRUST OFFICIAL OF LAN MARK 7TTLE AS&RAN& AGENCY OF ARIZONA, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY AS TRUSTEE UNDER TRUST NO. 78300-T AND NOT IN ITS CORPORATE CAPACITY, AND ACKNOWLEDGED THAT HE /SHE, AS THE TRUST OFFICIAL, BEING AUTHORIZED TO DO SO, EXECUTED THE F INSTRUMENT FOR THE PURPOSE(S) THEREIN CONTAINED. 16. INSTALLATION OF ITEMS SUCH AS LANDSCAPE, HARDSCAPE, IRRIGATION DRAINAGE IMPROVEMENTS, SIGNAGE, MONUMENTATON, WALLS, ETC, WITHIN THE PUBLIC RIGHTS-OF-WAY SHALL REQUIRE LICENSE AGREEMENT FOR INSTALLATION, MAINTENANCE AND INDEMNIFICATION. THIS DOCUMENT BE EXECUTED PRIOR TO FINAL APPROVAL OF LANDSCAPE PLANS OR IMPROVEMENT PLANS INSTALLATIONS WITHIN THE PUBLIC RIGHTS-OF-WAY. 17. ALL NEW AND EXISTING UTILTITES EXCEPT ELECTRICAL TRANSMISSION LINES CARRYING 46 AND THOSE LINES WHICH CAN BE SHOWN TO EXIST IN CURRENT OR FUTURE ELECTRICAL CORRIDORS, WITHIN OR CONTIGUOUS TO THE SITE, SHALL BE PLACED UNDERGROUND. A SHALL ALLOWING KV OR GREATER, TRANSMISSION IN WITNESS WHEREOF: I HEREBY SET MY NAME AND OFFICIAL SEAL 4 w 2 N_lARYP66 0 NOTARY PUBLIC lT 'A K4 18. THE WATER COMPANY THAT WILL SERVICE THIS DEVELOPMENT IS TUCSON WATER, 310 W. TUCSON, AZ 65701, 520-791-4718. 19. ALL LOTS WILL REQUIRE FIRE SPRINKLERS. ALAMEDA FOR EXTERIOR BOUNDARY ONLY FORlNTE aE " ti apt 26928 C HRIS MORRI ON Fq 10 LINEWORK NLY W ILLIAM H. s BAKER J S . "B" (DRAINAGE/OPEN SPACE) AND 'C" (LIFT STATION) BEING A PORTION OF SECTION 22, T11S, R12E, G&SRB&A4, TOWN OF MARANA, PIMA COUNTY, ARIZONA I � Baker & Associates En Inc. 3561 E. Sunrise Drive, Suite #225 Tumor, Arizona 85718 ( 520 ) 318-1950 Tax ( 520 ) 318-1930 ASSURANCES ASSURANCE IN THE FORM OF THIRD PARTY TRUST AGREEMENTS FROM LANDMARK TITLE ASSURANCE AGENCY OF ARIZONA, L.L.C., TRUST NO. ISJOO-T, AS RECORDED IN SEQUENCE NO. IN THE OFFICE OF THE RECORDER OF PIMA COUNTY ARIZONA HAVE BEEN PROVIDED TO GUARANTEE BRKW-IT ANGEL TRAIL RIM TRAIL (EX. PUBLIC STREET) (EX. PUBLIC STREET 22 " 'a � I DEE. wffuo l%'r A #f REF.: #PRV1603-001 JOB #2258.8 DATE: AUGUST 25,2016 SHEET I OF 4 INSTALLATION OF REQUIRED STREET, SEWER, ELECTRIC, GAS, AND WATER UTILITIES, DRAINAGE, FLOOD CONTROL AND OTHER SUBDIVISION IMPROVEMENTS MEETING ESTABLISHED MINIMUM STANDARDS OF DESIGN AND CONSTRUCTION C.A. "B" 2IT2 344 345 DOVE moum5PANI6 goo ZIFQ� LOD. 20-959250TO-0 364 N BY: - - - -- 346 347 383 — 382 - ". / TONVY ON MARANA DATE 348 381 380 CA L 2011 SCALE IN FEET ASSURED WATER SUPPLY 349 379 THE UNDERSIGNED CERTIFIES THAT IT IS DESIGNATED AS HAVING AN ASSURED WATER SUPPLY ,I. U I @� 5, Q j50 35 378 C.A. B" AND WILL PROVIDE WATER SERVICE TO THIS SUBDIVISION a 1, 35-2 A"/ BY: i4tm ITS: to "If " -- C. A. V % C 353 C.A. "S' El CITY OF TUCSON WATER DEPARTMENT DATE M C.A. CA 8 1 n n 51- 7R �� RIM TRAIL NEW PRIVATE STREET COMPOSITE DETAIL F. ANN RODRIGUEZ PIMA COUNTY RECORDER BY DEPUTY DATE FINAL PLAT for DEL WEBB AT DOVE MOUNTAIN Y LOTS 344-384Y AND COMMON AREAS "A" (PRIVATE STREETS), FOR EXTERIOR BOUNDARY ONLY FORlNTE aE " ti apt 26928 C HRIS MORRI ON Fq 10 LINEWORK NLY W ILLIAM H. s BAKER J S . "B" (DRAINAGE/OPEN SPACE) AND 'C" (LIFT STATION) BEING A PORTION OF SECTION 22, T11S, R12E, G&SRB&A4, TOWN OF MARANA, PIMA COUNTY, ARIZONA I � Baker & Associates En Inc. 3561 E. Sunrise Drive, Suite #225 Tumor, Arizona 85718 ( 520 ) 318-1950 Tax ( 520 ) 318-1930 N" u5. 4" 0 1 3 + 11 A EXPIRES: 3/31/2017 #f REF.: #PRV1603-001 JOB #2258.8 DATE: AUGUST 25,2016 SHEET I OF 4 SEOUENCE # EASEMENT KEYNOTES O NEW 10' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE EASEMENT GRANTED BY THIS PUT TCH - SEE 1393K O NEW SIGHT VISIBILITY TRIANGLE ('SVT) EASEMENT AREA GRANTED BY THIS PUT, SEE DETAIL, THIS SHEET MATCHLINE_SEE s i ' I LOT floc O BASIS OF BEARING - C NEW 7' PRIVATE NO VEHICULAR ACCESS EASEMENT GRANTED BY THIS PUT I R W X. 4 ' I Q= 'A1 ° / / SECTION CORNER DEL INEDI F Q 4 O)®VO UN � ATFAEIA7 099 \ � e ( CHISELED STONE E PER EQ. NO. / / / EXISTING VARYING WIDTH PUBLIC UTILITIES EASEMENT PER SEQUENCE d ® 'LT 220 �/ /. / O 21 20757 0191 � 22 8 I d�iP� 9� G1G7® 9c$1� 2S4 d ® LOT / NUMBER 20151910447 / // SECTIONLINE SECTONLINE I J I I i AS& 2®9�9to®999 \ � / E7 NEW 8.75' PRIVATE R.U.E. (RESTRICTED USE EASEMENT*) GRANTED TO THE ',p, d ®p , ' // BENEFIT OF THE DEL WEBS AT DOVE MOUNTAIN COMMUNITY ASSOCIATION / / �C' / NEW 10.5' PRIVATE R.U.L (RESTRICTED USE EASEMENT*) GRANTED TO THE LOST 90.4 ' LOT 90s' i / /^ E2 BENEFIT OF THE DEL WEBB AT DOVE MOUNTAIN COMMUNITY ASSOCIATION y ` y 50705" E - L &�' ' J p ,A 0/ r \ LOT 2TS E3 NEW 19.5' PRIVATE RUE (RESTRICTED USE EASEMENT *) GRANTED TO THE LOT 219 k 734' - - - - - - L - - - -- -- O BENEFIT OF THE DEL WEBB AT DOVE MOUNTAIN COMMUNITY ASSOCIATION NO '0536 m -�� '� \ NEW 175' PRIVATE RUE (RESTRICTED USE EASEMENT*) GRANTED TO THE (BOUNDARY) 9720" N89 '54"E BENEFIT OF THE DEL WEBB AT DOVE MOUNTAIN COMMUNITY ASSOCIATION 24 _ _ �,-� -°�� I \ \ NEW 12.25' PRIVATE R.U.E. (RESTRICTED USE EASEMENT*) GRANTED TO THE 2 ^ I S89 120.00' T. o � "R� R /GHT ANGEL Tl3A1L \ L ®p �p� � E5 BENEFIT OF THE DEL WEBB AT DOVE MOUNTAIN COMMUNITY ASSOC1477ON � o 120.20' N89'5424"E _ C 1 _ - - m o f 11500' }, (EX. PUBLIC TIGHT -OF -WAY) \ z L7 L3 L4 pry2 52.50 CA . , O NEW BLANKET PRIVATE ACCESS EASEMENT OVER DELINEATED LOT GRANTED o LOT 344 OF 114.,35" NB9'5424 "E (DRAINAGE /OPEN SPACE) \ TO THE BENEFIT OF DEL WEBB AT DOPE MOUNTAIN COMMUNITY ASSOCIATION y N cy 6047 SF I N I y 1$21 SF ` AND ITS AUTHORIZED AGENTS (COLLECTIVELY, THE ASSOCIATION) IN ORDER h 0.077 290 j 20' B D N FOR THE ASSOCIATION TO PERFORM INSPECTIONS, MAINTENANCE, AND N E5 N89'54'24 "E �v \ REPAIRS OF THE MECHANICALLY STRUCTURED EARTH WALL LOCATED ON 384 g \ DELINEATED LOTS. THIS ACCESS EASEMENT IS ONLY FOR ACCESS TO 778.00 VA PING r� 8245 SSF �^I e ' d ®p 2ty �" THE PORTIONS OF EACH DELINEATED LOT THAT ARE NOT IMPROVED WITH A g LOT 345 F °o (20 23) RESIDENCE. h 6136 SF O o LOT 29>a4 � / N89'S4'24 "E ° 0 1 / * NO MECHANICALLY STRUCTURED EARTH WALL LOCATED WITHIN A PRIVATE R.U.E. - E4 718.00' I " y (RESTRICTED USE EASEMENT) AREA CAN BE REMOVED OR ALTERED. NO EXCAVATION _ I N895424 "E 1 11.76' OR OTHER SOIL REMOVAL OR SOIL DISTURBANCE IS PERMITTED WITHIN ANY R.U.E. - - 0 40 778.00" I o , i AREA. NO VEGETATION (INCLUDING GRASS) OR ASSOCIATED DRAINAGE IS PERMITTED I I SCALE IN FEET LOT 383 nI N82'55'O3 "E WITHIN ANY R.U.E. AREA. ANY IMPROVEMENTS WITHIN A LOT, BUT OUTSIDE OF THE LOT (E.G., 1 I _ - r � 8221 SF R.U. AREA SWIMMING POOLS) , MUST PROVIDE POSITIVE DRAINAGE TO PREVENT E ] 4 CDR. IN 6071 346 OF E. SF + e d ®11 2'26 LEAKS OR ROUTINE MAINTENANCE DRAINAGE FROM AFFECTING THE MECHANICALLY I E3 SECTION 24 L I I , I STRUCTURED EARTH WALL. NO SURFACE WATER FROM ANY SOURCE IS PERMITTED FOUND 188" " STONE ® N89 16 N89'54'24 "F TO BE CONCENTRATED OR DIRECTED OVER THE OUTSIDE FACE OF THE MECHANICALLY W/ ° 114" CHISELED - -- - - - - -- C.A. �° STRUCTURED EARTH WALL. 95.64 123.00 (DRAINAGE /OPEN SPACE) SEC77ONLINE ( i DEL WEBB TRAIL Q nE9 �o 83325 O 8Y 382 04 SF De. <'ti [ EIRD AT ® ®VG GUJi OUN uAOR V39 � - 6i7t�" /a15T © ®M@ GV,V�gUG:'15TQOGJ 000 ViD V LOTS 9�� Am 90ffi ��ei 0 N89'54'24 "E I N895424 "E ZEQUEn94CE WO. 20915flI28051V SCALE IN 123.00 I ' 178.00' A C g 0 ®Gn'IGnO ®G9 AREA ®W° / b Q ® O C.' %. A pm � M I (g LOT 348 O ° o . !� o LO04JSF � / &A e$ 8260 SF ° n 2g i S I d ®1F 90� LOT 5102 N89'54'24 "E N89'S4'24 "'E o� / z d LOT 229 116,00' 123.00' M� I / I N 20' I 20' 1 h LOT 380 S89'0825 286.66' , ° I I MATCHLME - SEE LEFT .�Q o 8 OF °0 8204 SF ' L65 L30 o, �^ I . "/ �� e - - - e MATCHLINE - SEE LEFT E' N89'54'24 "E ' (DRAINAGE/OPEN SPACE) N895424 "E 123.00' CA 719.00' I CA 8° � `\ � 8ry -y c � y (DRAINAGE /OPEN SPACE) LOT 379 o DEV F.P.L. Q F 8204 SF /� /0 LIMIT J! °oo LOT 350 OF `ti 8260 SF ° � a op Q R . I LOT 384 FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR LINEWORK ONLY El N8954 FEMA SHADED 24 "E E' Q : / Eo N89'54 123.00' LAND '24 "E / /' `7 a- SE e s 118.00' v 3 ` �71j ZONE X" F.P.L. �"°j yy �.��F IcA Tf ogLi 18784 2 5ti j W IL LI AM H,' LOT 'S M / CHRIS E. BAKER. 1R n ( J 8420 SF °� h MORRISON Qe '►'�- LOT 351 O ° b / UG95+ULMDopVODoC ® L62 neA 9 ' T Ig) 8260 SF S N v z 0 j / j GALLERY ® ®L( COURSE S®U7M 1 LOT 383 . p i,. o I E1 (DEV.f I 2 _ - 113.33' J % / "M�. D 40 s $13 EXPIRES: 3131/2017 z N89'S4'24 "E C i 9 N89'5424 "E CA re° SCALE IN FEET 118.00' I (DRAINAGE /OPEN SPACE) C ^ ( �5 142048 SF DEV. F.P.L. / `�� h .41ClFfT VISIBIL"MANGLE 107 352 < > / flEV FP LI LIMIT o DETAIL - LOTS 383 AND 384 FINAL PLAT for F 8260 SF �/ b / FEMA SHADED ` ^I l LONE �� i _i �: DEL WEBB AT DOVE MOUNTAIN V, LOTS 344 -384, Lt E ' l i ,j • — ° — ' MATCHLI NE = SEE SHEET #3 AND COMMON AREAS "A "(PRIVATE (PRIVATE STREETS), N89'54 }24 "E ; �� ,a.°- • — �_ °B' (DRAINAGE /OPEN SPACE) AND "C° (LIFT STATION) MATCHLlNE -SEE % v BEING A PORTION OF SECTION 22, T 1 1 S, R 12E, G &SRB &M, r- TOWN OF MARANA, PIMA COUNTY, ARIZONA LOT 353 Baker & Associates Engineering, Inc, v I CA "B " All, 3561 E. Sunrise Drive, Suite #225 Tucson, Arizona 85718 (520) 318 -1950 Fax (520) 318 -1930 #PRV1604 -001 REF.: #PRV1603 -001 JOB #2258.8 DATE: AUGUST 25, 2016 SHEET 2 OF 4 SEQUENCE # Z J- LOT 352 L A C "B" C.A. "S' • — - — - — - — MATCI SCALE IN FEET $2 N895424"E 118.12 LOT JW ,mW 1 m 8299 SF Ume— DA9.9.9fi v J20L7;ff COURSE - SOUTH (DRAINAGE /OPEN SPACE) —G (DRAINAGE /OPEN SPACE) CA V umus. EV. '6 ED ( I C25 F.P.L. LIMIT lo 15 CA V C24 V. F.P -- - 1 DE 1 572 N89,5"W N895725"W JF (DRAINAGE/ LIMIT 67-00 —67co— V-001— L— 3 11 C 8 4.51� OPEN SPACE) y 62. LE FEMA SHADED - ZONE "X' F.P.L. S89'08'36 'E 126.27' 10.65 L FEMA SHAD LIMIT 1 L57 �ZIZE �V OEV. FAL F.P.L. LIMIT LOT J74 LOT 377 LOT 376 LOT 375 CA 8039 SF 8040 SF 8040 SF (DRAINAGE /O PEN SPACE) DEV F.P.L. / COMMON AREA V IEIV. F.P.L. (DRAINAGE /OPEN SPACE) X� 470 1 IF ffMA SHADED ZONE Ix" \ \ \ CA. 7 CA V SPACE) LIMIT FEMA SHADED F.P.L LIMIT (DRAINAGE /OPEN SPACE) C4 L55 ( DRAINAGE10PEN ZONE "X' F.P.L. - —T -- — — — 58.15' — 67.00' 6700' L52 'c, RIM MAIL A - — - — - — - — - — - — - — - — - 95,T 7-8 CA V (PRIVATE S 0 89656 SF ,b/ L9 �l 2,5Z40'.1 L44 1 1 L50 68.10' F.PL.1 CA L51 FfMA SHADED ESL ( DRAINAGE/ /"',- 'X° OPEN SPACE) . ZONE LIMIT 30,414 SF DEV F.P.L. Z, COMMON AREA 'C LOT 354 LOT 3 LIMIT 'P.L m LOT 357 LOT J56 LOT J59 (LIFT STATION) SF P D , LOT 356 D �� p 4 8206 SF 9205 SF - 8316 SF 8115 SF 10019 SF FEMA SHADED 1 ZONE 'W V \� g •�5 �.% /. /h'I \.,,\2 F.P.L. LIMIT - C DEV F.P S PL.1 F HADED C Z O NE 'A ONE 'AD' B45o' 65m, F -- 67.00' F.P.L. LIMIT L,15 252.40' I N895725V 1619.66' Q100=310 cfa (DEV) 131 cIa (FUTURE) lff�IM ' SHADED EASEMENT KEYNOTES O NEW 10' PUBLIC UTILITY ROADWAY MAINTENANCE AND SIGNAGE EASEMENT GRANTED BY THIS PLAT O C NEW I' PRIVATE NO VEHICULAR ACCESS EASEMENT GRANTED BY THIS PLAT NEW VARYING WIDTH PUBLIC PEDESTRIAN EASEMENT GRANTED TO THE PUBLIC BY THIS PLAT; SEE DETAIL, THIS SHEET ZONE A0 I LU FRL LIMIT pAaG OF AR990MA Uwauz. II I� • FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR LINEWORK ONLY 167 84 WILL IAM R. o 26928 BAKER. JR.. CHRIS E. MORRISO 1%4 rRA//- A U- L70 C 0 3 EXPIRES: 3/31/2017 LOT 353 C27 L72 ► * L 773 C26% C28 FINAL PLAT for _20 DEL WEBB AT DOVE MOUNTAIN V, LOTS 344-384, L71 LOT 353 LOT 353 CA 'B* SCALE IN FEET AND COMMON AREAS "A" (PRIVATE STREETS), Ir 'B' (DRAINAGE /OPEN SPACE) AND "C" (L11-7 STATION) BEING A PORTION OF SECTION 22, T11S, R12E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA GI - PLIaLIC PEDEMAN EASEMENT G2 - PUBLIC PEDESMAN EASEMENT LOT 353 LOTS 356 AND 357 Baker & Associates Engineering, Inc. Al ,,, E. Sunrise Drive, Suite #225 Tucson, Arizona 85718 ( 520 ) 318�1 950 Fax ( 520 ) 318-1930 #PRV1604-001 REF: #PRV1603-001 JOB #2258.8 DATE: AUGUST 25,2016 SHEET 3 OF 4 SEQUENCE W i .70 .87 227 .13 L:� �6T 67.20- � 46 :=n -------- 10-46' - 13.89' 25 0-5 N7352 13 o w � S6229 1129 56. E al LOT 374 LOT 373 LOT 372 LOT 371 LOT 370 LOT 369 LOT 368 LOT 367 12 � 49 SF 8206 SF 9173 SF 82 8837 SF 8218 SF A 8234 SF 8205 SF 8005 SF C.A. "811 - �N - - -- - - - - - - - - -- - - - t 67.50' 6700' 67.00' 67.00' 71.50' 70.25' 67.00' CE C9 589-5725"E FUM TRAIL -95T7e- - - - - - - - - - - --- - CA T (PRIVATE STREET) 68.70 68.10_ 68,10 68,10' 68.10' 68 6111' 37 56' P. 3 LOT 364 LOT 365 LOT 366 �4 �� LOT 358 , 11 LOT 359 LOT 360 LOT 361 LOT LOT 363 p 1v o 520 362 8205 SF � 8206 SF 8206 SF 8206 SF 6 SF 8206 SF 8206 SF 8171 SF CA V (DRAINAGE /OPEN SPACE N ' 68.10' M. 0 FRIO 68 . 10' 68 N895725W 1619.66' umaus. W 87ATE OF AR69O&VA iI F- NUMBER DIRECTION DISTANCE NUMBER DIRECTION DISTANCE NUMBER DIRECTION DISTANCE Ll N895424"E 27.00' L31 S20'31'07"W 47.38' L61 N80'35'19"E 101.60' L2 NOO-0536 "W 9.51' - T32 N30-08'10"E 11513' L62 N64'14'00"E 54,18' LJ N89*5424"E 23.00'_ L33 S633939"W 101,34' - F63 N38-02'37"E II3.64' 14 N89-5424"E 45.00' L34 526'33'20"E 74.68' L64 Af2l'34'07"E 49.29' L5 S00'05'36 "E 13. L35 SOO'02'35"W 17.07' - 165 '0825"E 14.15' L6 S7525'45"W 23. L36 S472629"W 120.16 L66 N54'05'29"E 102,30' L7 5895436"W 5.00' LP N4547'3 I "E 20741' L67 N0622'41 "E 83.90' L8 S21'10'44"W 20,00' L38 N56'30'05"E 37.10' L68 NO3-2859"E 113.66' L9 S89*5725"E 26.43'_ L39 N64'00'33"E 54.62' L69 SOO'05'36"E 39.00' LID 589'5725"E 14.26' L40 N36*54*22"E 20.60' L70 N7714'12"E 2.00' Lll S09'06*36"E 31.90 L41 N45*10'01"E 2507' L71 S895424"W 2.08' L12 S03*56'1 1 "E 44.76' L42 S89'20'46"E 30.24' L72 SI0'33'1 1 V 2.00' L13 N26'09'39 "E 39.17' - L43 N38'04'54 'E 53.81' L73 N06'50'58"E 2.00' L14 N46'07'3 I "E 41.75' L44 589'5725"E 32.1 L74 S89'5725"E 22.00' L15 58758'15"E 32.53' L45 589-5725"E 43.67' 775 SOUTH 2,00' L76 N72'35'35 "E 56,54' 146 N64'01'20"E 46.73' L76 589*5725-E 10.99' L17 N30'17'33"E 89.35 L47 N56*04'03"E 79.45' L77 N89*5725"W 7 1.07 " L19 N75'02'40"E 61.36' L49 � ' O� 00 N 16-532 1 "E 9.98' - F5o T89- " ' 5725E 26.12 LBO 52 7 '37 ' 2 8 "E S66'24'39 "W L18 N3445'05 "E 82.88' - L48 N84*19'57"E 44.37' L78 NO RTH 53.48� L79 S63'Jg'J9"W 6 L20 67.41' 50.48' L21 551'45 "W 135,62' L51 5895725"E 20.75' L22 S5832'1 I "E 124.49' L52 S89'5725"E 84.16' L23 N4710'35"E 51.7-4'-- L53 N35*2944"E 115.25' L24 I N19-22'00"E 57.95' L54 S89'08'36"E 15m L25 N44'04'09 "E 69.95' L55 5895725"E 28 L26 N59'49'1 I "E 72.17' L56 N38'09'37"E U7 N59- 49'11 "E 49.60' L57 S73*52'13"W 22.27' L28 N36 "30 "E 89.04' L58 N34'30'43"E 28.71' L29 N09'36'20"E 39.49' L59 N63*01'35"E 70.67' L30 N89'08'25 "E 128.35' L60 S54'33'14"E 45.87' EASEMENT KEYNOTES O NEW 10' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE EASEMENT GRANTED BY THIS PLAT NEW I' PRIVATE NO VEHICULAR ACCESS EASEMENT GRANTED BY THIS PLAT SCALE IN FEET NEW VARYING WIDTH PUBLIC PEDESTRIAN EASEMENT GRANTED TO THE PUBLIC BY THIS PLA• SEE DETAIL, THIS SHEET FUM TRAIL 20 C32 C33 SCALE IN FEET 8AL&IFOWY QOILF COURSff 0OU7M L74 77" L-75 LOT 359 LOT 360 G3 - PUBLIC PIEWSTPILAN EASEMENT LOTS 359 AND 360 S82255611 SOO-0235w CA. V 14.74' ,135.25' (DRAINAGE10PEN SPACE) DEV. F.P.L./ FE94 SHADED ZONE 'AD' Cm I= E am m . 111M., FOR EXTERIOR BOUNDARY ONLY FOR INTERIOR LINEWORK ONLY 0 LAN A lb/64 WILLIAM H. 6928 z BAKER, I CHRIS E. MORRISON EXPIRES: 3/31/2017 FINAL PLAT for DEL WEBB AT DOVE MOUNTAIN V, LOTS 344-384, AND COMMON AREAS "A" (PRIVATE STREETS), "B" (DRAINAGE /OPEN SPACE) AND 'C" (LIFT STATION) BEING A PORTION OF SECTION 22, T11S, R12E, G&SRB&M, TOWN OF MARANA, PIMA COUNTY, ARIZONA Baker & Associates En Inc. 'At 3511 E. 1111m le-, 101 111 Tucson, Aril- 111118 ( 520 ) 319-1950 F. ( 520 ) 318-1930 #PRV1604-001 REF.: #PRV1603-001 JOB #2258.8 DATE: AUGUST 25, 2016 SHEET 4 OF 4 SEOUENCE # Case Number: PRV1604 -001 Request: Approval of a final plat for PRV1604 -001 Del Webb at Dove Mountain V, Lots 344 - 384 Marana Regular Council Meeting 09/20/2016 Page 23 of 97 Location Map MARLNLA Iq =/ I \ PLANNING & ENGINEERING APPLICATION �� a-.. t }�'�' �r t �J' M- `.� { 4 � 1 ro { ` ._ - !I�+ry trr t --T -- �+�- '.'r�.a��- �1--'• --� —�� 1 • 1 'r rF - � _ v U r � ��i7+'r � ti:5 -. .. . -.�. � y.. +l�ll 1 t. ° � a '. J,1 � i 5 l' 1 �, _ ,�i � � r I ca _ �.' �'�°'�` r'��— ?'��i�41 '1'f' FF T 1 r - Preliminary Plat l� ina1 Plat General Plan Amendment Cl va El SWPPP Landscape Specific Develoginet�t Plata e Plan ap Plan � dative Plant Feria � t �] Plan Amendment � Conditional Use Pannlj Rez ect [� � fc flan �] Annexation �] S rgnificant sand Use h ange Minor Land Dlyi s tors water Flan tnnproycMentPlan . oeir _l e in DeD Lq if �,eet hex *� C3 Other r Y �� F��• �v �+ } � -; _. � � f� �� .' 1 �` #� y' � {� }. � �F�° �' �.�-- r_+•;ra.r•�_ � '��i'' °�j �` � far �..a�..�s. �. � - i Assessol, } �. ill y ,� � ;� � y !;+ ; i ' rM b � �� $��" � ��l �� i�r� r �� -- T'o be cnf r_rned by staff) Gross Area Acre /Sq.1T Q ' Current _ � � 3 9 � , � �'1 �� 31 . � ac Z onin g �-- 0 be confirmed by staf 1 c Yet 1in err area ccz Namo f ei Webb at Dave Mtn p roposed onir�r � Pro ect Location SW of D ove MOutain Blvd. and S ecret. Springs Dr Lescri i)tion of Project* S � anti. Zy Residential P roperty Owner s treet Ad Y 3 567 E. S Dr #2-- City T ucson state Zi Code 1`1101le N umber Fax Number E -fail Address A 718 1 299-84 hall @CCUt Qnwood Conta Pcr.00n l�o��e N umbe r � + `' f E-mail ,11il�.�n 520 - 299 -8424 (See above) Appl icant - _ Pulte Group, Inc. S.tree t Address - 16767 N. Perimeter Dr # 0 City State Zip Cade Phone umber Fax Ntinibcr F nil Address �-- --,-�. Scottsdale A -Z 85260 C ontact Peron Plione NUmber / Li -wait Patr,�c]�.� _ Patr r 4$�} --2-�? Agen VR epresentative Baker As En f Inc, Street Address 3561 E. Sunrise far. , #225 C ity State Zip Code Pliona Number ' Fax Number E -Mail Addre Tucson AZ 8571 . 318-1950 318-1930 marty@baetucson.com Contact Person Town of K raga i oz incs� Mart Magell , P.E L icense No. 1, th e u n (I ers a g ned, certi }► t ai a l l c 'the#` i s et ` tk� s l c i c n aye trtt� � tie , w b eat ` m knowle and that I ate el th et the owner of the properly of t a ave been gut lloriZeci n wrltn, by the own -er to file t1 iis a pplication and checklist. (If not owner of record, attach written a u tit c riza f loe fr«on the owner.) -, a T O ° Y = 'rint Marne o�A! ! �can Date: 11555 w, Ci vii Center Drive, B ld g , A2 1 a.rana r AZ 85653 -7003 �lephc ( 0 ) 3 92 - 2600 &rax 52 3 2- *21 - 8 -34- - 21'60 "d a Pur lOn OZ 216-34-2170 218- and 2 18 - 31 - 002Z Marana Regular Council Meeting 09/20/2016 Page 24 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C3 Meeting Date: 09/20/2016 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: September 20, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -094: Relating to Public Works; approving and authorizing the Mayor to execute the Wildlife Linkages Amendment to Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Marana for Construction of Improvements to Tangerine Road —Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy) Discussion: The RTA IGA for the first phase of Tangerine Corridor construction was approved on September 15, 2015, by Resolution 2015 -102, and excluded wildlife linkages funding. The RTA is now anticipated to approve wildlife linkages funding for the project, so this wildlife linkages amendment to the Tangerine Corridor phase 1 construction IGA has been prepared to facilitate receipt of that funding. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Amount: $2.6M Staff anticipates receipt of $2.6M in RTA funding to construct wildlife linkages for the Tangerine Corridor phase 1 project. Staff Recommendation: Marana Regular Council Meeting 09/20/2016 Page 25 of 97 Staff recommends adoption of Resolution No. 2016 -094, approving the Wildlife Linkages Amendment to the IGA between the RTA and the Town for Construction of Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. Suggested Motion: I move to adopt Resolution No. 2016 -094, approving the Wildlife Linkages Amendment to the IGA between the RTA and the Town for Construction of Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. Attachments Resolution No. 2016 -094 ST021 Wildlife IGA amendment ST021 Wildlife Exhibit A Marana Regular Council Meeting 09/20/2016 Page 26 of 97 MARANA RESOLUTION NO. 2016-094 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE WILDLIFE LINKAGES AMENDMENT TO INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR CONSTRUCTION OF IMPROVEMENTS TO TANGERINE ROAD — DOVE N MOUNTAIN BOULEVARD /TWIN PEAKS ROAD TO LA CANADA DRIVE WHEREAS the Regional Transportation Authority (RTA) is authorized to act as a regional taxing authority for the purpose of funding multi -modal transportation operations and improvements identified in the Regional Transportation Plan approved on May 6, 2006; and WHEREAS the RTA is authorized to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS the Town Council adopted Marana Resolution Nos. 2009 -101, 2010 -42, 2012 -10, and 2015 -102, approving and amending intergovernmental agreements with the RTA to facilitate and pay for the design and construction of the Tangerine Road corridor; and WHEREAS the intergovernmental agreement for the first phase of Tangerine Road construction excluded wildlife linkages funding, which is now addressed by the intergovernmental agreement amendment approved by this resolution; and WHEREAS the Mayor and Council of the Town of Marana find this resolution to be in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Wildlife Linkages Amendment to Intergovernmental Transportation Funding Agreement between the Regional Transportation Authority of Pima County and the Town of Marana for Construction of Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive 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 as amended. Marana Resolution No. 2016 -094 Marana Regular Council Meeting 09/20/2016 Page 27 of 97 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of September, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -094 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/20/2016 Page 28 of 97 WILDLIFE LINKAGES AMENDMENT TO INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR CONSTRUCTION OF IMPROVEMENTS TO TANGERINE ROAD — DOVE MOUNTAIN BOULEVARD/ TWIN PEAKS ROAD TO LA CANADA DRIVE This Amendment (this "Amendment ") is entered into by and between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (the "Authority" or the "RTA "), an Arizona special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the TowN OF MARANA (the "Town of Marana" or the "Lead Agency "), an Arizona municipal corporation. The Authority and the Lead Agency are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Lead Agency and the Authority entered into an IGA, recorded with its authorizing resolutions in the Pima County Recorder's office on October 21, 2015, at Sequence 20152940571 (the "RTA Tangerine Construction IGA ") to facilitate the construction of improvements to Tangerine Road — Twin Peaks Road to La Canada Drive (the "Project "). B. Paragraph 6 of the RTA Tangerine Construction IGA, entitled "Wildlife linkages funding," noted that the Authority had not authorized the use of wildlife linkages funding for the Project as of the date of the Tangerine Construction IGA, and that the wildlife linkages funding would not be available for the Project unless and until authorized pursuant to a duly adopted amendment to the RTA Tangerine Construction IGA. C. The Parties enter into this Amendment to authorize the use of wildlife linkages funding for the Project. D. It is the policy of the Authority to require that a lead agency be identified and an IGA be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. E. The Town of Marana has been identified as the Lead Agency for the Project responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, right of way acquisition and construction, advertisement, award, execution and administration of the design and construction contracts for the Project, now including with this Amendment the construction of wildlife linkages. F. The Lead Agency and the Authority wish to cooperate in the construction of the Project, now including with this Amendment the construction of wildlife linkages. G. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. FC1435.DOCX /1 - 1 - 4/17/2016 1:58 PM Marana Regular Council Meeting 09/20/2016 Page 29 of 97 H. The Authority intends to fund the Project, including the wildlife linkages, under the terms and conditions contained in the RTA Tangerine Construction IGA as amended by this Amendment, and the Authority has entered into this Amendment for that purpose. I. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -952, et seq. AGREEMENT Now, THEREFORE, the Town of Marana and the Authority, pursuant to the above and in consideration of the matters and things set forth in this Amendment, do mutually agree as follows: 1. Purpose. The purpose of this Amendment is to set forth the responsibilities of the Parties for the design, construction, maintenance and operation of the Project with the wildlife linkages and to address the legal and administrative matters among the Parties. 2. Project. With this Amendment, the Project as defined in paragraph 2 of the RTA Tangerine Construction IGA is amended to include the reconstruction and widening of Tangerine Road from Twin Peaks Road to La Canada Drive with the wildlife linkages, as more fully described in the attached Exhibit A. 3. Effective Date; Term. This Amendment shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to the RTA Tangerine Construction IGA as amended by this Amendment are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. The Lead Agency shall have all responsibilities set forth in paragraph 4 of the RTA Tangerine Construction IGA for the Project, now to include the wildlife linkages. 5. Responsibilities of Authority. The Authority shall have all responsibilities set forth in paragraph 5 of the RTA Tangerine Construction IGA for the Project, now to include the wildlife linkages. 6. Termination. Either Party may terminate the RTA Tangerine Construction IGA as amended by this Amendment for material breach by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have 45 days to cure the default. If the default is not cured within that time, the other Party may terminate the RTA Tangerine Construction IGA as amended by this Amendment. Any such termination shall not relieve either Party from liabilities or costs already incurred under the RTA Tangerine Construction IGA as amended by this Amendment. 7. Non - assignment. Neither Party shall assign its rights under the RTA Tangerine Construction IGA as amended by this Amendment to any other person or entity without written permission from the other Party. 8. Construction of the RTA Tangerine Construction IGA as amended by this Amendment. 8.1. Entire agreement. The RTA Tangerine Construction IGA as amended by this Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of the RTA Tangerine Construction IGA as amended by this Amendment, and all prior or FC1435.DOCX /1 -2- 4/17/2016 1:58 PM Marana Regular Council Meeting 09/20/2016 Page 30 of 97 contemporaneous agreements and understandings, oral or written, are hereby superseded and merged in the RTA Tangerine Construction IGA as amended by this Amendment. 8.2. Exhibits. Any exhibits to this Amendment are incorporated in this Amendment by this reference. 8.3. Amendment. The RTA Tangerine Construction IGA as amended by this Amendment may be modified, amended, altered or changed only by written agreement signed by both Parties. 8.4. Construction and interpretation. All provisions of the RTA Tangerine Construction IGA as amended by this Amendment shall be construed to be consistent with the intention of the Parties as expressed in the Recitals section of the RTA Tangerine Construction IGA and this Amendment. 8.5. Captions and headings. The headings used in this Amendment are for convenience only and are not intended to affect the meaning of any provision of this Amendment. 8.6. Severability. A declaration by statute or judicial decision that any provision of this Amendment is invalid or void shall have no effect on other provisions that can be given effect without the invalid or void provision, and to this extent the provisions of this Amendment are severable. If any provision of the RTA Tangerine Construction IGA as amended by this Amendment is declared invalid or void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 8.7. Conflict of interest. This Amendment is subject to the provisions of A.R.S. § 38 -511, which provides for cancelation in certain instances involving conflicts of interest. 9. Ownership of Improvements. Upon completion of the Project with the wildlife linkages, ownership and title to all materials, equipment and appurtenances installed pursuant to the RTA Tangerine Construction IGA as amended by this Amendment shall automatically vest as set forth in paragraph 10 of the RTA Tangerine Construction IGA. 10. Legal Jurisdiction. Nothing in this Amendment shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Amendment to, and nothing contained in this Amendment shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer - employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of the RTA Tangerine Construction IGA as amended by this Amendment is intended to create duties or obligations to or rights in third parties not parties to this Amendment or to affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. 13. 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 the RTA Tangerine Construction IGA and this Amendment. FC1435.DOCX /1 -3- 4/17/2016 1:58 PM Marana Regular Council Meeting 09/20/2016 Page 31 of 97 14. Waiver. Waiver by either Party of any breach of any term, covenant or condition of the RTA Tangerine Construction IGA as amended by this Amendment 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 of the RTA Tangerine Construction IGA as amended by this Amendment. 15. Force Maj eure. A party shall not be in default under the RTA Tangerine Construction IGA as amended by this Amendment if it does not fulfill any of its obligations under the RTA Tangerine Construction IGA as amended by this Amendment because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall have the meaning set forth in paragraph 16 of the RTA Tangerine Construction IGA. 16. Effect on the RTA Tangerine Construction IGA. The RTA Tangerine Construction IGA shall remain in full force and affect, subject only to the modifications set forth in this Amendment. 17. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed and attached to a single instrument. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the last signature date below. REGIONAL TRANSPORTATION AUTHORITY TOWN OF MARANA OF PIMA COUNTY Board Chair Date: Ed Honea, Mayor Date: ATTEST: Town Clerk- The foregoing Amendment between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Farhad Moghimi, Executive Director Keith Brann, Town Engineer INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing amendment to intergovernmental agreement between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY and the TOWN OF MARANA has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who have determined that it is in proper form and is within the FC1435.DOCX /1 -4- 4/17/2016 1:58 PM Marana Regular Council Meeting 09/20/2016 Page 32 of 97 powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement amendment represented by the undersigned. REGIONAL TRANSPORTATION AUTHORITY TOWN OF MARANA: OF PIMA COUNTY: Thomas Benavidez Frank Cassidy Attorney for the Authority Town Attorney Date: D ate : FC1435.DOCX /1 -5- 4/17/2016 1:58 PM Marana Regular Council Meeting 09/20/2016 Page 33 of 97 Regional Transportation Authority of Pima County Date: August 29, 2016 Exhibit: A Item: 1 RTA Resolution: 2016 - 1. TIP Project Number: 12.15 RTA Ballot: 42 RTA Project ID: 42 2. Sponsor: Marana 3. RTA Plan Element: III Economic & Environmental Vitality 4. RTA Plan Sub - Element (If Applicable): 5. Project Name: Tangerine Corridor: Wildlife Linkages 6. Work Phase(s) Covered by the Exhibit: Planning /Design: $ - Right of Way: $ 87,000 Construction: $ 2,513,000 Operations: $ - Total: 2,600,000 7. Project Manager Information (person responsible for Status Reports): Name: Janine Spencer Mailing Address 11555 W. Civic Center Dr. City, ST Zipcode Marana 185653 JAZ Telephone Number: 520 - 382 -2600 Email Address: a spencer@MARANAAZ.GOV 8. Authorized Representative(s) (will sign & submit pay requests): Name: Mailing Address City, ST Zipcode Telephone Number: Email Address: Name: Mailing Address City, ST Zi pcod e Telephone Number: Email Address: Janine Spencer 11555 W. Civic Center Dr. Marana 185653 JAZ 520 - 382 -2600 .spencer@ MARANAAZ.GOV AZ Marana Regular Council Meeting 09/20/2016 1 of 3 Page 34 of 97 Regional Transportation Authority of Pima County Date: August 29, 2016 Exhibit: A Item: 1 RTA Resolution: 2016 - 9. Wildlife linkages along the Tangerine Corridor from Twin Peaks Road to La Canada Drive. Narrative Description of Project Scope, including improvements to be made and project intent (discuss how project will address problematic areas): 10. Total maximum amount of Authority funding allowed for the Project or Project Component, under this Exhibit: 11. Total maximum Authorized RTA funding for the Project, or Project component to -date, including this exhibit. (If this is an amendment to an existing contract, please give the requested amended total. 12. Project Budget by Funding Source & Phase: Study (DCR /Wildlife Linkages /Value Analysis)= Planning /Design = Right of Way = Construction = Operations (Transit) _ 1 Vldl - 2,600,000 $ 2,600,000 RTA I I Non -RTA I I Tota I $ 87,000 $ 87,000 $ 2,513,000 $ 2,513,000 $ 2,600,000 $ - $ 2,600,000 Marana Regular Council Meeting 09/20/2016 2 of 3 Page 35 of 97 Regional Transportation Authority of Pima County Date: August 29, 2016 Exhibit: A Item: 1 RTA Resolution: 2016 - 13. Project Budget by Funding Source, this exhibit: Study (DCR /Wildlife Linkage /Value Analysis)= Planning /Design = Right of Way = Construction = Operations (Transit) = Total = 14. Funding Sources (current year dollars): RTA STP 12.6% Funds 2.6% Funds Impact Fees Pima County Local Town of Marana Local Fare Box Revenue FTA Funds Other (Specify) RTA Non -RTA Resources Tota I Resources as Committed Remaining $ 87,000 $ 87,000 Ballot request) Budget $ 2,513,000 $ 2,513,000 $ 2,600,000 $ - $ 2,600,000 Project Resources Resources as Committed Remaining outlined in the (Includes this Resource Ballot request) Budget NA $ 2,600,000 $ - $ - $ - Total Funding Sources: 15. Estimated completion date of work funded by this IGA: Duration of work covered by this funding request: .? - ? c,vvv,vvv 12/31/18 1 2.5 years Marana Regular Council Meeting 09/20/2016 3 of 3 Page 36 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 09/20/2016 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: September 20, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -095 Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Santa Cruz County for incarceration of municipal prisoners for the period of July 1, 2016 through June 30, 2017 (Jane Fairall) Discussion: For many years, the Town of Marana and Pima County have had an intergovernmental agreement (IGA) which sets forth a fee schedule for the payment of the costs associated with the incarceration of Town municipal prisoners at the Pima County Jail. Under the Pima County IGA for the current fiscal year, the Town's costs for the first day of prisoner incarceration increased from $279.51 to $299.53. The rate for each additional day thereafter increased from $85.15 per day to $89.02 per day. The proposed IGA with Santa Cruz County will give the Town another option for incarceration of prisoners, at a lower cost. Santa Cruz County will charge the Town $65.00 for each day or partial day of incarceration. Under the proposed IGA, the Marana Municipal Court, in its discretion, may sentence prisoners who must serve 5 or more days in jail to the Santa Cruz County Jail instead of the Pima County Jail. Prisoners who are already in jail at the time of sentencing will be transported by Santa Cruz County to the Santa Cruz County Jail. Defendants who are out of custody and ordered to report to jail at a certain date and time must arrange for their own transportation to the jail. If approved, the IGA will be in force for an initial one -year term from July 1, 2016 through June 30, 2017 and may be renewed for up to four additional one -year periods. Financial Impact: Marana Regular Council Meeting 09/20/2016 Page 37 of 97 Fiscal Year: 2017 Budgeted Y/N: Y Amount: Unknown It is not possible to quantify the exact impact of the Santa Cruz Co. IGA since it is unknown at this time how many prisoners the Court will sentence to incarceration at the Santa Cruz County Jail. Jail costs have been budgeted for FY 16 -17 with an amount anticipated to be sufficient to cover the costs. Staff Recommendation: Staff recommends approval of the IGA with Santa Cruz County. Suggested Motion: I move to adopt Resolution No. 2016 -095, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Santa Cruz County for incarceration of municipal prisoners. Attachments Resolution No. 2016 -095 Exhibit A to Resolution - Incarceration IGA Marana Regular Council Meeting 09/20/2016 Page 38 of 97 MARANA RESOLUTION NO. 2016-095 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND SANTA CRUZ COUNTY FOR INCARCERATION OF MUNICIPAL PRIS- ONERS FOR THE PERIOD OF JULY 1 2016 THROUGH JUNE 30 WHEREAS the Town of Marana and Santa Cruz County desire to enter into an agree- ment to provide for the incarceration of certain Town municipal prisoners at the Santa Cruz County Jail; and WHEREAS the parties may contract for services and enter into agreements with one an- other for joint or cooperative action pursuant to A.R. S. § 11-952, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement (IGA). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the IGA between the Town of Marana and Santa Cruz County for the incarceration of municipal prisoners for the period of July 1, 2016 through June 30, 2017, attached to this resolution as Exhibit A, is hereby approved and the Mayor is authorized to exe- cute 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 IGA. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of September, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -095 Marana Regular Council Meeting 09/20/2016 Page 39 of 97 Exhibit A to Marana Resolution No. 2016 -095 INTERGOVERNMENTAL AGREEMENT BETWEEN SANTA CRUZ COUNTY ANDTHE TOWN OF MARANA FORINCARCERATION OF MUNICIPAL PRISONERS This Intergovernmental Agreement (hereinafter "Agreement ") is entered into pursuant to A.R.S. § 11 -952 by and between the Town of Marana (hereinafter "Town "), an Arizona municipal corporation, and Santa Cruz County, (hereinafter "County ") a political subdivision of the State of Arizona. The County and the Town are sometimes collectively referred to in this Agreement as the "Parties," either of which is sometimes individually referred to as a "Party." RFCITAI,� WHEREAS, the Town desires to enter into an agreement with the County for the incarceration of municipal prisoners sentenced by the Marana Municipal Court for five days or more; and WHEREAS, pursuant to A.R. S. § 11 -441 (A) (5), the County Sheriff has authority to take charge of and keep the Santa Cruz County Jail (the "County Jail "), and the prisoners in the County Jail; and WHEREAS, the Town and the County may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11 -951 et seq. NOW, THEREFORE, the Town of Marana and Santa Cruz County, pursuant to the above and in consideration of the matters set forth herein, do mutually agree as follows: AGREEMENT 1.0 Purpose The purpose of this Agreement is to set forth the terms and conditions under which Town's prisoners shall be incarcerated in the Santa Cruz County Jail. 2.0 Term /Effective Date This Agreement is effective for one year from July 1, 2016 through June 30, 2017. The Parties shall have the option to extend this Agreement for up to four additional one -year periods or any portion thereof. Any modification, termination, or extension shall be made by formal written amendment executed by the Parties. 3.0 Scope of Services 3.1 County shall receive and detain Town municipal prisoners sentenced to five or more days in the County Jail who are medically fit to be incarcerated by County. County shall provide booking services and, after booking, provide for the care and feeding of said prisoners. County shall provide basic medical care which can be provided in the County Jail facility by medical staff. Any medical services which cannot be provided within the County Jail facility will be provided by outside contractors and Town will be responsible to pay for the cost of the medical services, transportation, and personnel time associated with the medical care. County will provide medical bills, transportation bills and personnel bills to Town for verification and payment. If an inmate needs to be hospitalized then Town will be contacted to take custody of inmate. Marana Regular Council Meeting 09/20/2016 Page 40 of 97 3.2 The Marana Municipal Court in its sole discretion shall determine which Town municipal prisoners are sentenced to incarceration in the County Jail. 3.3 Individuals who are in custody at the time of sentencing shall be transported by County from the Pima County Jail to the Santa Cruz County Jail. 3.4 Individuals who are out of custody at the time of sentencing shall be responsible for their own transportation to and from Santa Cruz County Jail, unless the Marana Municipal Court orders the Town to provide transportation to and /or from Santa Cruz County Jail. 4.0 Payment 4.1 Town shall pay County $65.00 for each day or partial day of incarceration. 4.2 County will bill Town for prisoner incarceration charges on a monthly basis. County will provide a statement that includes prisoner names in alphabetical order, booking dates and release dates for each prisoner, total billing days and the total bill. Town shall be allowed reasonable access to billing systems to verify charges. 4.3 Neither Party shall be obligated to the other for any costs incurred pursuant to this Agreement except as provided herein. 5.0 Leal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town or the County. This Agreement and all obligations upon the Town or County arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulations. 6.0 Termination Either Party may terminate this Agreement by giving written notice to the other Party not less than 60 days prior to the termination date. In the event of termination, each Party shall be liable for its proportionate share of the costs and expenses incurred or arising out of performance of activities required by this Agreement occurring prior to the termination date. Termination of this Agreement shall not relieve either Party from liabilities or costs already incurred under this Agreement. 7.0 Non - Appropriation Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Santa Cruz County Board of Supervisors or the Town of Marana Mayor and Council do not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, the terminating Party shall have no further obligation to the other Party other than for payment for services rendered prior to cancellation. 8.0 Assignment of Rights Neither Party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other Party to this Agreement. 9.0 Construction of Agreement 9.1 Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the Recitals hereof. 2 Marana Regular Council Meeting 09/20/2016 Page 41 of 97 9.2 Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. 10.0 Conflict of Interest This Agreement is subject to the provisions of A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 11.0 Severability In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of one Party in an attempt to reach an agreement on a substitute provision. 12.0 No Joint Venture It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture, or employment relationship between the Parties or to create any employer - employee relationship between the Town and any County employees or between the County and any Town employees. Neither Party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 13.0 No Third Party Beneficiaries Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 14.0 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. 14.1 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 a part of this Agreement. 14.2 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. 15.0 Workers' Compensation For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement, is deemed to be an employee of both Parties, as provided in A.R.S. § 23- 1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S. § 23- 1022(E) and shall post a notice pursuant to the provisions of A.R.S. § 23 -906 in substantially the following form: 3 Marana Regular Council Meeting 09/20/2016 Page 42 of 97 All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency, pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 16.0 Non - Waiver. The failure of either Party to insist upon the complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not constitute a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either Party of sums less than may be due and owing it at any time shall not constitute an accord and satisfaction. 17.0 Force Ma_i eure. 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, failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Parties, order of any government officer or court (excluding orders promulgated by the Parties themselves), and declared local, state, or national emergency, which, by exercise of due diligence and foresight, such Party could not reasonably have been expected to avoid. Either Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 18.0 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: Santa Cruz County: Town of Marana: Sheriff Tony Estrada Town Manager 2170 W. Congress Dr. 11555 West Civic Center Drive Nogales, Arizona 85621 Marana, Arizona 85653 19.0 Remedies. Either Party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 20.0 Insurance. Insurance requirements are met through self- insurance pursuant to A.R.S. §§ 11 -261 and 11 -981 or participation in an insurance risk pool under A.R.S. § 11.952.01 Parties to this agreement shall provide 30 days' written notice to all other Parties of cancellation, non - renewal or material change of coverage. 4 Marana Regular Council Meeting 09/20/2016 Page 43 of 97 21.0 Indemnification To the fullest extent permitted by law, each Party (as "indemnitor ") shall defend, indemnify and hold harmless the other Party (as "indemnitee "), its officers, officials, employees, agents, volunteers, successors, and assigns (the "indemnified group ") for claims, damages, losses, liabilities and expenses of any nature whatsoever (including but not limited to reasonable attorneys' fees, court costs, the costs of appellate proceedings, and all claim adjusting and handling expense) relating to, arising out of, resulting from or alleged to have resulted from the indemnitor's acts, errors, mistakes or omissions relating to any action or inaction of this Agreement (collectively, "claims ") including but not limited to work, services, acts, errors, mistakes, or omissions in the performance of this Agreement by anyone directly or indirectly employed by or contracting with the indemnitor, or any person for whose acts and liabilities are the obligation of the indemnitor. If any claim, action or proceeding is brought against the indemnified group, indemnitor shall have a duty, at its sole cost and expense, to resist or defend such claim or action on behalf of the indemnified group but only to the extent that such claims result in vicarious /derivative liability to the indemnitee and are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers; provided, however, that the indemnitor shall have no obligation to indemnify the indemnified group for the indemnified group's passive negligence. The indemnity provisions of this Agreement shall survive the termination of this Agreement. 22.0 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. 23.0 Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. [SIGNATURE PAGE FOLLOWS] 5 Marana Regular Council Meeting 09/20/2016 Page 44 of 97 IN WITNESS WHEREOF, the County has caused this Agreement to be executed by the Chair of the Santa Cruz County Board of Supervisors, upon resolution of the Board of Supervisors, attested to by the Clerk of the Board, and the Town of Marana has caused this Agreement to be executed by the Mayor of the Town of Marana, upon resolution of the Mayor and Council, attested to by the Town Clerk. SANTA CRUZ COUNTY: Chair, Board of Supervisors ATTEST Clerk of the Board Date Town Clerk Date ATTORNEY CERTIFICATION The foregoing Agreement between Santa Cruz County and the Town of Marana has been reviewed pursuant to A.R.S. § 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. Chief Civil Deputy TOWN OF MARANA: Date Mayor Date ATTEST Date Town Attorney Date 6 Marana Regular Council Meeting 09/20/2016 Page 45 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 09/20/2016 To: Mayor and Council From: Laine Sklar, Town Magistrate Date: September 20, 2016 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2016 -096: Relating to Municipal Court; approving the reappointment of Kenneth Bowman as magistrate pro- tempore for the Marana Municipal Court (Caine Sklar) Discussion: On August 5, 2014, the Council approved Resolution No. 2014 -066, reappointing Kenneth Bowman to a two year term as a magistrate pro - tempore to assist the Town Magistrate on an as- needed basis, based on the recommendation of then Town Magistrate Charles Davies. Pro Tem Judge Bowman's two year term expired on August 31, 2016. If approved, this resolution will reappoint Kenneth Bowman as a magistrate pro - tempore on an as needed basis through September 30, 2017, to coincide with Town Magistrate Laine Sklar's contract with the Town. Financial Impact: There will be no additional financial impact beyond that which has already been included in the Municipal Court's budget. Staff Recommendation: Staff recommends approval of this resolution and reappointment of Kenneth Bowman as magistrate pro - tempore. Suggested Motion: Marana Regular Council Meeting 09/20/2016 Page 46 of 97 I move to adopt Resolution No. 2016 -096, approving the reappointment of Kenneth Bowman as magistrate pro - tempore for the Marana Municipal Court. Attachments Resolution No. 2016 -096 Marana Regular Council Meeting 09/20/2016 Page 47 of 97 MARANA RESOLUTION NO, 2016-096 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF KENNETH BOWMAN AS MAGISTRATE PRO TEMPORE FOR THE MARANA MUNICIPAL COURT. WHEREAS Section 5 -2 -1 of the Marana Town Code provides that the Town Council may appoint special magistrates or acting magistrates, also known as magistrates pro tempore, for the purposes of hearing a particular case or acting as the Town Magistrate in the Town Magistrate's ab- sence; and WHEREAS the Town Council, upon recommendation of the Town Magistrate, the Honora- ble Laine Sklar, has determined that it is necessary to appoint qualified individuals to serve as magis- trates pro tempore on an as- needed basis in the Marana Municipal Court; and WHEREAS on August 5, 2014, via Resolution No. 2014 -066, the Town Council appointed Kenneth Bowman as magistrate pro tempore with a term expiring on August 31, 2016; and WHEREAS the Town Magistrate recommends that the Town Council reappoint Kenneth Bowman to continue his service as magistrate pro tempore on an as- needed basis; and WHEREAS the Town Council finds that this individual meets the qualifications imposed by Arizona law and possesses the requisite skill and character to perform as a magistrate pro tempore. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Kenneth Bowman is hereby reappointed to continue his ser- vice as magistrate pro tempore for the Marana Municipal Court on an as- needed basis, effective Sep- tember 1, 2016 through September 30, 2017. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of September, 2016. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2016 -096 Marana Regular Council Meeting 09/20/2016 Page 48 of 97 N O 0 / n.. - tn. A k 4 0 Council - Regular Meeting C6 Meeting Date: 09/20/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 20, 2016 Subject: Approval of Regular Council Minutes from September 6, 2016 and approval of Study Session Minutes from September 13, 2016 (Jocelyn C. Bronson) Attachments Draft Regular Council Meeting Minutes 09/06/2016 Draft Study Session Minutes 09/13/2016 Marana Regular Council Meeting 09/20/2016 Page 49 of 97 kpwn Pi 7 � MA \I1170N"? MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 6 2016, at or after 7:00 PM .mini �Iltl 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:01 p.m. Al Council Members were present except for Council Member McGorray, who was 4 4 excuse. . �r iii6 9F1 11111h q111111 1k PLEDGE OF ALLEGIAN /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. 'II �9 APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. m■r 'AMM CALL TO THE PUBLIC. No speaker cards were presented. PROCLAMATIONS. All proclamations were read into the record by Town Clerk Bronson. P1 Proclamation honoring Patrick O'Kane's 19 years of service to Marana (Jocelyn C. Bronson). P2 Proclaiming support for the 2016 YMCA Community Military Ball (Jocelyn C. Bronson) September 6, 2016 Regular Council Meeting Minutes 1 Marana Regular Council Meeting 09/20/2016 Page 50 of 97 P3 Proclaiming September 17 -- September 23, 2016 Constitution Week (Jocelyn C. Bronson) P4 Proclaiming September 15, 2016 as "Imagine a Day Without Water" presented by the Value of Water Coalition. This campaign is intended to highlight water utilities efficiency, reliability, and ease of access. It calls for people to be cognizant of the readily available water and wastewater services in their community (John Kmiec) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member Bowen congratulated Mayor Honea and Council Member Ziegler, who along with himself were re- elected. He also acknowledged and thanked them for their service to the town as well as to John Officer for his service to the town, and to Dan Post, both for their continued love for and interest in the community. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson noted that the monthly Executive Report is available for review and also online on the town's website for residents. The report is a compilation of August's building and construction activity. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously 6 -0. C1 Ordinance No. 2016.017: Relating to General; amending Town Code Title 1 (General) by revising section 1 -3 -2 (Definitions and interpretation), paragraphs 5 ( "Fire chief') and 6 ( "Fire department ") (Frank Cassidy) C2 Resolution No. 2016 -085: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules (Curry C. Hale) C3 Resolution No. 2016 -086: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2017 (Lisa Shafer) C4 Resolution No. 2016 -087: Relating to Community Development; approving and authorizing the Mayor to execute Amendment One to the Intergovernmental Cooperative Agreement between Pima County and the Town of Marana for the Community Development Block Grant (CDBG) Program and HOME Investment Partnership Program for federal fiscal years 2017 -2019 (Lisa Shafer) CS Resolution No. 2016 -088: Relating to Building Safety; approving and authorizing the Mayor to execute an Intergovernmental Agreement between the Town of Marana and Northwest Fire District for access to Laserfiche and TRAKiT System (Libby Shelton) September 6, 2016 Regular Council Meeting Minutes 2 Marana Regular Council Meeting 09/20/2016 Page 51 of 97 C6 Resolution 2016 -089 Relating to Development; approving a final plat for Olding Pisciotta Estates, Lots 1 -4 and Common Area "A" (Private Streets) located north of Lambert Lane and west of Camino de Oeste (Brian Varney) C7 Approval of August 2, 2016 Study Session Meeting Minutes, August 2, 2016 Regular Council Meeting Minutes, and approval of August 16, 2016 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Ordinance No. 2016.018 Relating to Finance; amending the Town of Marana comprehensive fee schedule to eliminate certain drainage report review fees; and declaring an emergency. Presented by Erik Montague, who noted that the most recent changes to the fee schedule occurred in May, 2016. Included within those changes were some simplifications by the Engineering Department in the drainage report fee. They intended to eliminate a number of line items by exchanging those to a per hour review fee. When the changes were brought to Council in May, those line items were not eliminated, and a simplification fee was added. Tonight's Council action would clean up that portion of the fee schedule by eliminating the fees that should have been removed earlier. Council Member Ziegler asked Mr. Davidson if these changes included posting of political signs, an item she brought up at a previous meeting. Mr. Davidson responded that there are a number of changes they are looking at, and the sign permit fees is part of a larger discussion on overall sign issues. That, and other fee changes will be coming back to Council at a future date. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously 6 -0. A2 Ordinance No. 2016.019 Relating to Health and Sanitation; amending Marana Town Code Title 10 ( Health and Sanitation); revising Section 10 -2 -6 (Appeal) and Section 10 -2 -7 (Removal by town; costs assessed; appeal; recording of assessment) to designate the Board of Adjustment as the appellate review body for property maintenance actions enforced by the Town; and declaring an emergency. Presented by Libby Shelton, who noted that Arizona statute and Chapter 10 -2 of the Town Code require an appellate review body for any property maintenance violation. This ordinance would designate the Board of Adjustment as the appellate review body for any violations. This works well, because they are already reviewing zoning ordinance disputes. Motion to approve by Council Member Ziegler, second by Vice Mayor Post. Passed unanimously 6 -0. A3 Ordinance No. 2016.020 Relating to Building; adopting by reference local amendments to the 2012 International Property Maintenance Code to designate the Board of Adjustment as the appellate review body for property maintenance actions enforced by the Town; and declaring an emergency. September 6, 2016 Regular Council Meeting Minutes 3 Marana Regular Council Meeting 09/20/2016 Page 52 of 97 Resolution No. 2016 -090 Relating to Building; declaring as a public record filed with the Town Clerk the local amendments to the 2012 International Property Maintenance Code adopted by Ordinance No. 2016.020. Presented by Libby Shelton. The 2012 International Property Maintenance Code currently requires a designated board of appeals, but the town does not have one. This ordinance would designate the Board of Adjustment as the appellate review body for property maintenance actions enforced by the town. Motion to approve by Council Member Kai, second by Council Member Bowen. Passed unanimously 6 -0. A4 Resolution No. 2016 -091 Relating to Elections; declaring and adopting the results of the primary election held on August 30, 2016. Presented by Jocelyn Bronson, who noted that the Official Canvass of the primary election was received today from the Division of Elections. Copies of the Canvass were placed on the dais. The Canvass provided the total number of ballots cast, which was 8,561. The resolution which accompanies the Canvass shows final ballots cast, and the total votes cast for the Mayor and each of the Council seats. Council is being asked to approve the Official Canvass of the primary election results. Motion to approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously 6 -0. Ms. Bronson then gave out the Certificates of Election to Mayor Ed Honea and Council Members Bowen and Ziegler. She noted that the new term of office for them begins November 8, the date of the general election. However, as that is not a Council meeting date, she will give the Loyalty Oaths to them at the November 15, 2016 meeting, which is the first meeting following the general election, as prescribed by statute. d - ITEMS FOR DISCUSSION /POSSIBLE ACTION DI 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) No report given. EXECUTIVE SESSIONS. Motion to go into executive session at 7:26 p.m. on item E2 by Vice Mayor Post, second by Council Member Kai. Passed unanimously. 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. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(3) and (4) to receive legal advice and consult with the Town's attorneys regarding the lawsuit entitled Mandarina, LLC v. Town of Marana, Pima County Superior Court No. 020161982. No action was necessary. Council reconvened at 7:56 p.m. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:56 p.m. by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. September 6, 2016 Regular Council Meeting Minutes 4 Marana Regular Council Meeting 09/20/2016 Page 53 of 97 Mr. Davidson reminded Council that there will be a study session on September 13, 2016 at 6:00 p.m., which will include the items that Council had requested at a previous meeting. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 6, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 6, 2016 Regular Council Meeting Minutes 5 Marana Regular Council Meeting 09/20/2016 Page 54 of 97 �pW N 0 1 7 9 MARANA 7 �R ►ZON� STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers September 13, 2016, at or after 6:00 PM Ed Honea Mayor Jon Post Vlce � David Bowen, Counc Patti Comerford, Coul Herb Kai, Council Carol McGorray, Coui Roxanne Ziegler, Coui TUDY SE S S ail ,1 I �'IIII� �Illlllllllll��.n �'�Illllli CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:03 p.m. All Council Members were present except Council Member Kai, who was excused. PLEDGE OF ALLEGIAN /INVOCA /MOMENT OF SILENCE. Led by Mayor Honea � il I ,, ,..., VIII . L APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post, Passed unanimously 6 -0. 1%L .mm ■mmwm. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION DI Relating to Administration; presentation, discussion and direction regarding proposed designs and the selection process for the Town's new logo /seal. Presented by Vickie Hathaway and Ramon Armenta, graphic designer, who began by noting some recent awards the town received due to the efforts of the Communications & Marketing team and supported by additional town staff. These were top national awards for (1) the town's website redesign and for (2) a graphic design program and mailer campaign for the Tangerine Sky Community Park to increase citizen participation and feedback. She continued with an overview of the overall rebranding of the town, including the current logo and seal. The initial efforts were to correct some design flaws and confusion in the way the seal reads. At the same time, her staff viewed this as an opportunity to modernize and consolidate the seal and the logo into one mark. She September 13, 2016 Study Session Minutes 1 Marana Regular Council Meeting 09/20/2016 Page 55 of 97 reviewed previous seals and logo, noting how they evolved over time. Another aspect of modernizing the seal was to unveil it as part of the town's 40 birthday in 2017, which will provide many opportunities to reach out into the community and reinforce our brand and celebrate with the community. The 40 anniversary will be the kick -off of the new mark. The logo we currently use was designed by a University of Arizona student in 1987, but it wasn't trademarked until 2003. Also in 2003, the seal was created and trademarked by town staff. She then covered the details of the process to design a new mark. The marks presented to Council this evening represent many months of research, design and review. Upon Council approval, these marks will be presented to the public for input and feedback using various sources of media outreach. The Council can vote individually on their favorite mark, but the ultimate decision will be based on citizen votes. The plan is to have a decision made during the fourth quarter of this year in time to coincide with other marketing materials for the 40 anniversary. In response to some questions from Council, Ms. Hathaway noted that the seal in the lobby of the municipal complex as well as the seals hanging in the Council Chambers and the Court will not be replaced, but will remain as historical artifacts of the town. She was also able to explain some of the history of the town represented by prior seals. Ms. Hathaway also pointed out that the renderings each say " Marana, AZ" instead of "Town of Marana" for purposes of branding nationally and internationally so that people know where we are located. Each of the Council present had an opportunity to express their preferences for the proposed designs. D2 Relating to Special Events; presentation, discussion and possible direction regarding special events in the Town of Marana. Presented by Gilbert Davidson, who noted that over the past couple of years, the town has worked very hard to enhance its signature events as well as community and recreation activities to engage citizens, so much so that we have a new challenge — requests for town support of community- driven events. Non - profits and other community organizations seem to have the expectation or hope that the town will contribute in -kind services or money to their events. The conversation we want to have is how to move forward beyond what we are already doing, which Ms. Hathaway and her team will go into in more details, how we not be an organization that says "no" to everything, but to be aware that these requests or expectations are beginning to proliferate. Even as Marana's success continues, we must remain cognizant that there could be shortfalls due to a recession or unanticipated event that causes us to cut back or eliminate programs and expenditures or obligations that we cannot meet for the long term while still maintaining our community as a welcoming place. Vickie Hathaway began by enumerating the focus areas of the strategic plan which the Communications and Marketing team follows to engage residents in Marana's heritage and culture and also promote Marana as a destination for arts, culture and family events. Monique Meza, special events coordinator, highlighted the signature events and new programs being launched this year, the purpose of events, current programs offered, including employee events and unexpected events such as the opening of the splash pad, and sports events. Several successes that are also being acknowledged include moving to professionally managed events, increased attendance at signature events, the requirement for partnerships, and the launching of the Maranaevents.com app this year. MUSD participation is growing steadily as is recruiting for talent on our own as opposed to using a third party. She continued by noting resources available, both from a financial and a staffing perspective, how attendance at signature events has September 13, 2016 Study Session Minutes 2 Marana Regular Council Meeting 09/20/2016 Page 56 of 97 increased, partnerships and involvement from the business community and the interest expressed from other municipalities in what Marana is doing. The process for third parties wanting to put on their own event has been streamlined to have an event in our parks. This also gives us ample notice to have our staff prepare the park site in advance. Ms. Hathaway then continued with some examples of the challenges such as demand for non - pre- programmed events that require time and money that were not budgeted, which in turn takes away from other events and essentially becomes a balancing act. Currently, in their special event budget, they have only $8,000 for unexpected events. Where possible, they use interns and volunteers, but that assistance may not be continuous throughout the term of the project. Mr. Davidson concluded the presentation by discussing next steps and what staff is seeking from Council. There are several options. The first is to continue as is. We don't have to have the reputation of saying "no" to different groups rather than working with them. However, sometimes events run parallel to town events which can drain resources. The second option is to sponsor events on a case by case basis based on Council- approved criteria. A third option is to continue to grow the town special event staff and their budget. A fourth option is to fund only town - programmed events by bringing an actual sponsorship form to Council such as for the Bluegrass Festival. A fifth option is to create a limit on how much the town will invest in an event before presenting it to Council. Council comments were varied including having some kind of monetary incentive to put on events, re- evaluating annual town events using the same formula, the amount of expenditure tied to a guaranteed participation number. However, there was consensus that this item was too complex for a quick decision. To be mindful of all the elements presented by staff, the general feeling was to bring this item back to a Council retreat for further consideration and discussion. D3 Relating to Mayor and Council; presentation, discussion and direction regarding possible video streaming of Town Council meetings. Carl Drescher noted that this item was brought up at the August 2, 2016 Council meeting. His presentation focused on some of the requirements to do that. He gained information from other cities and towns around the state who currently video stream their meetings. Although not an exhaustive list, there are a couple of towns doing audio streaming only, and some like Marana, who are doing neither at this time. To stream both live and also for archival purposes for past Council meetings, the diagram he used uses three different cameras which would be installed and operated remotely, plus the presentations would be fed into a mixer along with the cameras, then compress that through a video encoder and feed that over the web to desktops through any web browser, tablets or smart phones. Our partner vendor would be the one who controlled the mixer remotely during the meeting, moving from one camera to another; then the video would go streaming across to their servers and they would host the video for the meetings. Embedded within the town's web page would be a video of the meeting. Once the meeting was over, you would have a summary of the agenda items and video icons that could go to the point in the agenda that links to that position in the video. So if you are interested in looking at one particular item from the meeting, you just click on the green camera and it will take you to that item in the meeting. September 13, 2016 Study Session Minutes 3 Marana Regular Council Meeting 09/20/2016 Page 57 of 97 The cost to do something like this and the assumption that we would start something January 1, 2017, would be about a $31 K investment for this fiscal year. That's the initial investment for all of the hardware, the cameras, the video encoder, and then the ongoing costs after that would be approximately $1500 per month for the servers, to host the video, to stream it, to have someone tag the video components, and to keep that for about three years. For following years, the cost would be approximately $17K annually. These costs are based on 50 meetings per year, so we could video other meetings in addition to Council regular and special meetings. Council Member Bowen asked if Mr. Drescher had any statistical viewing information on usage from the cities or towns who currently video stream their meetings. Mr. Drescher responded that he didn't pursue that information, but stated that we would be able to get the analytics on live streaming and then for those who look at the meeting after the fact. We can collect the analytics and report on those monthly. The computer equipment will need to be replaced every three years, approximately, depending on usage. These cameras will have about a three to five year life span. The cameras are about $1000 each, and those prices continue to drop. He reiterated that this would be live streaming as it happens. Council Member Bowen expressed his desire to consider this further. Motion to authorize the funds to have the town procure the necessary equipment to initiate the live video streaming of Council meetings starting in January, 2017. Mr. Drescher noted that the funds are currently not budgeted and would have to come out of contingency. Vice Mayor Post seconded the motion. Motion carried 5-1, with Council Member Bowen voting nay. D4 Relating to Development; discussion of lot split and subdivision authority and issues. Keith Brann presented this item for Frank Cassidy. He noted that this item was requested at a previous Council meeting. Mr. Brann started by noting that the town complies with state law in our development code. Any time you are dividing in a municipality or city four lots or more, or two lots if you have to create a new street, you fall under the definition of being required to do a subdivision plat. There is also a companion law in the subdivision code that if you're doing 10 or fewer lots, the municipality can reduce some of the steps such as the preliminary plat and some of the road standards. We have a three -split or less, the minor land division. We have the 10 or less subdivision plat, and then the full subdivision plat. All three of those options are within our land development code, and all are compliant with state law. What happens is that as you do the minor land division, you are doing a record of survey. In an area where there might be complicated drainage, we might still require a drainage report in our code; many times we do not. There are no real infrastructure requirements, because to be in the land division part of the code, you are dividing land that doesn't require a street. Basically, you are doing a split of property along an existing public roadway, and the parcels that results are just putting in driveway onto that roadway. Once you get beyond that, or needing a street, there is a process for the 10 or fewer lots. We skip the preliminary plat stage and do an improvement plan and go straight to final plat. Because of that, the final plats do not go to the Planning Commission. You basically do enough plans to show staff that you are compliant with our regulations, and we finish it up quickly to get your final plat to Council. We also have lessened street standards. After that, once you get beyond the smaller types of development, you are in the full subdivision, which is what we are used to seeing here in the town. We don't have a lot of small properties that lend themselves to September 13, 2016 Study Session Minutes 4 Marana Regular Council Meeting 09/20/2016 Page 58 of 97 10 or fewer lots. Most of those are on the Tortolita Fan. In the large subdivision, you go through a preliminary plat phase, all improvement plans, Planning Commission review, all reports in addition to drainage reports, traffic studies, geotechnical reports as well as title reports. We also have our standard street sections, which include sidewalks, rolled curb and 28 -foot asphalt. In the lessened sections, which are 10 or fewer lots, we don't have the need for sidewalks, there is a smaller curb section, and we have a narrower pavement that does not support on- street parking. As lot sizes get larger, a lot of our requirements start dropping out of the subdivision process. It's a cheaper road to build for the smaller subdivisions. Typically, on the Tortolita Fan because of the lack of sewer, we generally have large lot subdivisions that tie in with a lot of our requirements anyway. Because of the lack of sewer, you have a requirement for a minimum acre lots, so generally large lot -small subdivisions. Mr. Brann then gave case examples of non - subdivided land within the town, including Desert Falcon along Twin Peaks Road. This area started lot- splitting in early 2000's and was subject to investigation by the Department of Real Estate. There was some collusion of how the lot splitting was done that circumvented state law. We have done some clean -up on some of the parcels that have not been fully split to bring them back into compliance. Another area wildcatted in the past is in Dove Mountain in the Sandra Lane /Wild Burro area. Within that area is Garden Estates which has limited development but with proper streets. There are a number of parcels that could be impacted by the FEMA floodplain in this area. Another area of concern is the Joplin Lane area of about four or five parcels with a commercial area. There is no legitimate legal access to that area. They drive down the TEP property and then access Cortaro Road next to the railroad tracks. That is going to be a problem to be dealt with, but we have been working with the various rezonings surrounding the area. As developments come through, we have been asking for dedications of right of way to get a legal public access to the Joplin area. At some point, Cortaro Road is going to get the Ina Road /I -10 treatment with a grade separation. When that happens, it won't be possible for Joplin residents /businesses to get on Cortaro very easily. He then referred to a couple of subdivisions outside of Marana with similar access issues, unpaved roads, floodplain issues and lots of wells. That means there is a lot of competition for water because there is no public utility serving the water, and there are significant drainage issues. All in all, staff believes we have a good process in Marana for the three subdivision types he presented. Vice Mayor Post thanked Mr. Brann for his recommendations and confirmed that his recommendation is to leave things as they are. Mr. Brann concurred. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS September 13, 2016 Study Session Minutes 5 Marana Regular Council Meeting 09/20/2016 Page 59 of 97 Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn at 7:29 p.m. by Vice Mayor Post, second by Council Member McGorray. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session/presentation of the Marana Town Council meeting held on September 13, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 13, 2016 Study Session Minutes 6 Marana Regular Council Meeting 09/20/2016 Page 60 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L1 Meeting Date: 09/20/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 20, 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 Carlos Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: This application is for a series 12 restaurant liquor license at Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Regular Council Meeting 09/20/2016 Page 61 of 97 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 Carlos Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new series 12 restaurant liquor license application submitted by Carlos Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. Attachments Redacted Application Affidavit of Posting Local Governing Body Recommentation Descriptions of Common Liquor Licenses Marana Regular Council Meeting 09/20/2016 Page 62 of 97 0 Wt PH 9 45 Arizona Department of Li Licenses and Control 800 W Washin 5th Floor Phoenix, AZ 85007-2934 www.azli (602) 5425141 Application for Li License Tvoe or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE 1 ARE NOT REFUNDABLE A service fee of S25 wia be charged for all dishonored checks ( A.R.S. § 44-6852 SECTION 1 This application is for a: SECTION 2 T of Ownership: M1 erim Permit ( Complete Section 5 T.W.R.O.S. ( Complete Section 6) laew License (Complete Sections 2, 3, 4, 13, 14, 15, 16 individual ( Complete Section 6) ©Person Transfer ( Complete Section 2, 3, 4, 12, 13* 14, 16 []Partnership ( Complete Section 6) ❑ Transfer ( Bars and Li Stores Onl E:]Corporation (Complete Section 7) (Complete Section 2,3,4,11, 13,14,16) ❑ Liabilit Co ( Complete Section 7) ❑Probate/ Will Assi Divorce Decree []Club (Complete Section 8) ( C omplete Sections 2, 3, 4, 9, 13, 14, 16 [/Government ( Complete Section 10) ( Fee not re ❑ (Complete Sections 2, 3, 4,10,13,16) ❑ ( Complete Section 6) FITribe ( Complete Section 6) El seasonal [Ot her ( Explain ) SECTION 3 T of license 1. T of License: SERIES 12 RESTAURANT LICENSE # Z91 jQYA5& SECTION 4 Applicants GARCIA DURAN CARLOS 1. Individual Owner/A Name: I Last 2. Owner Name.- CARLOS GARCIA DURAN first R AUG 1 5 2016 Town of Marana Clerk's Office Middle ( Ownershlp name for t of ownership checked on section 2) 3. Business Name. MARISCOS CHIHUAHUA —A (Exactl as It a on t he exterlot of premises) 4. Business Location Address: 4185 W INA RD TUCSON AZ 85741 PIMA ( Do not use F0 Box) Street cit State Zip Code Count 5. Mailin Address: 4185 W INA RD TUCSON AZ 85741 ( AN correspondence will be mailed to this address) Street CR State Zip Code 6. Business Phone: (520)572-2523 Da Contact Phone: 520-406-5837 7, Email Address: NONE 8. Is the Business located within t he incorporated limits of he above cit or town? ]YesCS(No 9. Does the Business location address have a street address for a Cit or Town but is actuall in the boundaries of another Cit Town or Tribal Reservation? S(Yes[:]No MARANA If y es, what Cit 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 Li Store ( license only) $ Department Use Onl Fees: _Aw _42 '0 21 $_ Appilcoflon Interim Permit Site Inspection Fin Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? �Yes []No Accepted b Date: &XIII (20110 License # /1Z0 //6 v 4/1212016 pa lof8 Marana Re Council lVleetin ft- ADA accommodailons please call (602) 542-9027 Pa 63 of 97 SECTION 5 interim Permit 0 0 • If you intend to operate business when your application is pending you will need an interim permit pursuant to A RS § 4-- 203.01 ■ There MUST be a valid license of the same type you are applying for currently issued to the location or for the replacement of a Hotel /Motel license with a Restaurant license pursuant to A.R.S. § 4- 203.01. 1. Enter license number currently at the loca #ion: , 121 03993 2. Is the license currently n use? VyesEl No If no, how lon has it been out of use? Y g Attach a copy of the license currently Issued at this location to this application. f, JESUS ALQNSC7 MEIVDOZA ABC]YTES declare that l am the CURRENT OWNER, AGENT, OR CONTROLLING PERSON on ( Print Full N me) the stated license and location. ARIZONA IMA x \e"-Xs U State of Coun /►Agent) - - The foregoing lnstrunwO acknowl ed before me this 2016 ,lion f !` of --I U ft ate Day an Year It P`rna Co -1 x MY COMM. EXP OVIs SeP � :5, 2017 Signature of NOTARY PUBLIC SECTION b Individual.. Partnership, J.TX R.O.S, Trust, Tribe Ownerships EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT' TYPE FINGERPRINT CARL] AND-$22 PROCESSING FEE FOR EACH CARD. Individual LOS tern M ICICIM YnO mawng AC1 ress OARCIA DURAN, CARLOS 100 4185 W INA RD TUCSON AZ 85741 Is any person other than above, going to share in profit/losses of the business? ❑ Yes [9] No If Yes, give name, current address, and telephone number of person(s). Use additional sheets if necessary. Last First Middle Mglllng Address Ch State _ Zip . C2de Ph2nq # Partnership Name of Partnership: P anarrd .I lmItarl I reef Ard AA [AeJle 47' n.unm U rtilinrr A#4Arx&ee r- Wr Gusto An i'mo J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) Name of J.T.W. R.O.S: Last First Middle Malling Address qy State Zip Code 4/ 12/2016 page 2 of 9 Marana Regular Council Meeting � 1 Aquiring ADA accommodations please call (602)542 -9027 Page 64 of 97 E]E] J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) Name of J.T.W. R.O.S: Last First Middle Malling Address qy State Zip Code 4/ 12/2016 page 2 of 9 Marana Regular Council Meeting � 1 Aquiring ADA accommodations please call (602)542 -9027 Page 64 of 97 SECTION 6 - continued . • TRUST Name of Trust: Lost Fist Middle Maid Address C State -K -Code TRIBE Name of Tribal Ownership: Last First Middle MalUng Address city State Zip Code ------------------- ......... . ...... . SECTION 7 Corporations/ Limned Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT' TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. 0 Corporation Complete Questions 1, 2, 3, 4, 5, 6, and 7 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: 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? [0 Yes ❑ No 5. List Directors, officers, Members in Corporation /L.L.C: Wsz AAA Titre MoVing Address qy State Zip Code (Attach additional sheet I necessary) 6. List all Stockholders / percentage owners who own lo% or more: LOST tirst Middle %Owned Moffing Address C State j3p Carle (Attach additional sheet 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. 4/ 1 212D M i 6 page 3 of 9 arano Regular Council Meetingln08M8A1Peauidng ADA accommodations please call (602)542 -9027 Page 65 of 97 SECTION 8 Club Appiicants EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT' TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD 1. Name of Club: 2. Is Club non - profit? Q Yes ❑ No 3. List all controlling members (minimum of four (4) requested) Last First Middle MaNing Address city State Zip Come (Attach addflionai sheet it 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) U11st 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: First Last Middle Day time Contact Phone # A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 1 I location to location Transfer: Series 6 Bar, Series 7 Beer IL Wine Series 9 Liquor Stores only) 1. Current Business: Name: Address: (Exactly as it appears on license) 2. New Business: Name: Address: 1. License Type: License Number: 41121261&. rang Regular Council Meetin 0gg. /2QQ/2 16 p 4 of 9 Page 66 of 97 g lndvdua�s requiring ADA accommodations please call (602) 542 -9627 SECTION 12 Person to Person Transfer 0 Questions to be Completed by Current Licensee (Bar and Liquor Stores Only- Series, 06, 07, and 09) 1. Individual Owner Agent Name: Entity: Lost First Middle (Individual, Agent, Etc.) 2. OwnershlD Name: (Exactly as It appears on license) 3. Business Name: ( Exactly as It appears on license) 4. Business Location Address: 5. License Type: 6. Current Mailing Address: street City state Zip 7. Have all creditors, lien holders, interest holders, etc. been notified? ED Yes El No 8. Does the applicant intend to operate the business while this application is pending? El Yes ❑ No If yes, complete Section 5 (Interim Permit) of this application; attach fee, and current license to this application. 9. 1, (Print r uu Na me) 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, (Print Full Name) 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. 7�` NOTARY X State of County of (Signature of CURRENT Individual Owner/Agent) The foregoing instrument was acknowledged before me this My commission expires on: of Date Day Month Year Signature of NOTARY PUBLIC Street CRY State Zip License Number: 4/12/2016 page 5 of 9 Marana Regular Council Meetin %As ADA accommodations please call (602)542 -9027 Page 67 of 97 SECTION 13 Proximity to Church of J e ol Questions to be completed by all in -state applicants. Name of School: A.R.S. § 4207. (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) Series 12 e) Government license (§ 4- 205.03) Series 5 b) Hotel/motel license (§ 4- 205,01 )Series 11 0 Fenced playing area ofa golf course (§ 4-207(B)(5)) 0 Microbrewery Series 3 g) wholesaler Series 4 d) Craft Distillery Series 18 h) Farm winery Series 13 1. distance to nearest School:_ (H less than one (t) mile note footage) 2. Distance to nearest Church: (if less than one (1) mile note footage) Address: Name of Church: Address: SECTIO 14 Business Financials 1. I am the: N Lessee E] Sub- lessee 2. If the premise is leased give lessors: El owner El Purchaser El Management Company Name; JOHN &DAWN LASHLEY Address:6262 N CAMINO VERDE TUCSON AZ 85743 3. Mo nthly Rent/ Lease Rate: $ 7293.62 4. What is the remaining length of the lease? Yrs. Street E 5. What is the penalty if the lease is not fulfilled? $ 6. Total money borrowed for the Business not including lease? $ Please List Lenders/People you owe money to for business. city state Months or Other: default -move out (Give details attach additional sheet n necessary) 0 Last Est Midde Amount Owed Malling Address State (Attach additional sheet if necessary) 7. What type of business will this license be used for (be specific)? SEAFFOD RESTAURANT 8. Has a license or a transfer license for the premises on this application been denied by the state with in the past ( year? E]Yes No If yes, attach explanation. 9. roes any spirituous liquor manufacture, wholesaler, or employee have an interest in your business ?E]Yes No 10. Is the premises currently license with a liquor license? Yes❑ No If yes, give license number and licensee's name: License #: � 2� 0393 Individual owner (Agent Name: JULIO SAMUEL GARCIA VALLE (Exactly as it appears on Icense) Zip 4/12/2 �Vlarana Regular Council Meeting 08 2 16 page 6 of 9 Page 68 of 97 M v 82 I s requiring ADA accommodations please call (602)542-9027 SECTION 15 Restaurant or hotel /motel skse applicants 1. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location?Leyes[- 2. If the answer to Question 1 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 revanue is the revenue derived from sales of food and spirituous liquor on the licensed premises. By applying for this 9 Restaurant ❑ Hotel /Motel, I certify that I understand that I must maintain a minimum of forty (40) percent food sales based on these definitions and have included the R staurant Hotel tvlotel Records Re uired for Audit form with this application. (Applicant's Signature) 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 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. ell I (Appiicanfs Initials) SECTION 16 Diagram of Premi Check ALL boxes that apply to your business: N( Entrances /Exits ❑ Walk -up windows Liquor storage areas [:1 Drive - through windows [:] Non Contiguous lice ed remises currently I t c renovation or redesig Yes StNo 1. is y our licen p y c osed due o c s If yes, what is your estimated completion date? Patio: ❑ Contiguous Month/Da 2. Restaurants and Hotellotel 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. 5. As stated in A.R.S. § 4- 207.01 (B), I understand It is my responsibility to notify the Department of liquor licenses and Control when there are changes to the boundaries, entrances, exits, added or deleted doors, windows, service windows or increase or decrease to the square footage after s bm ing this initial diagram. 4 Ap is initials] 4/12/2 'Marana Regular Council Meeting 0 J2 /2 16 page 7 of 9 Page 69 of 97 Inc v1c�ua9s requiring ADA accammadaiions pease Gall (602)542-9027 SECTION 16 Diagram of Premises - co ed 6. On the diagram please show only the areas where spirituous liquor is to be sold, served, 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, living 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 wri the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application. DIAGRAM Of PREMISES DIAGRAM ATTACHED 4/12 16 page 8 o€ 9 Marana Regular Council Meeting, RVO g AAA accornmadpfions plepse cc 1! �6D��542 9027 Page 70 of 97 MARiSCOS CHIHUAHUA 4185 W INA RD, TUCSON! AZ� 85741 4 f M ain Entry/Exit 1.3 -Basin Sink � 2.2 -basin Sink C 3. Food Prep dine Station 4. Food Prep Line Station Q J 5. Single Burner Stove 6. Single poor Freezer . 7. Ice Machine 8. Walk-In Refrigerator 9. Deep dryers 10. 10- Burner Stove with Oven 11. Service window � ?^ 12.5 /Steel 3' x 7' Prep Tables 13. Refrigerator 14. Bar beer Refrigerator 15. Ice container for Beer 16. Bar Liquor Shelves ' �r....,� t3� 17. Bar Sink � o a o 18. Hand Sink � {O 19. Walk -in Freezer O 0 FIQ f � Al T- Table l=ire Exit -B ft__ BS- bar Stools SR-Storage Room M 39 6o SQ FT M EN LADIES � Le Delivery entry /exit r iiiiiiniiminini•i•n�nn• �•vwrr•• �� r•r - - _ - _ _ — r_� .w S 4- 0 a) r1 0 N O 0 0 a) U e L ` G SECTION 17 SIGNATURE BLOCK NO'T'ARY I CARLOS CARCIA DURAN , (Print Fuh Name stated in ection 4 # 1. I have read this application and verify all statements to be true, correct and Complete. X— eAo�— State of ARIZONA County of PIMA (Signdhire of CURRENT Individual Owner/Agen The foregoing instrument was acknowledged before me this hereby declare that I am the Owner /Agent filing this application as My commission ex :D)* r Gracivia Arvizu A %IP4 of JULY 201 f Notar blic boy month Year A� �Q Pima County, Arizona lot$ °{ My Comm. Expires 44-1 2 -2020 MW Signature of NOTARY PUSU A.R.S. § 41 -1030. Invalidi of rules not made according-to this cha ter• rohibited a enc action• prohl§ffed acts by-state employees; 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 12- $20.02. 4/12/2016 page 9 of 9 Marana Regular Council Meeting AWRA ;We,quiring ADA accommodations please call (602)542.9021 Page 72 of 97 0 0 Arizona department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ, 85007 -2984 www.azllquor.gov (602) 542 -5141 RESTAURANT OPERATION PLAN DLLC USE ONLY LICENSE # I . Name of restaurant (Please print): MARISCOS CHIHUAHUA 2. List by Make, Model, and Capacity of your: (if ou attached a legible coRy of y our a ui ment list onl provide the Mowing hems:} Gfill 5 LARCO 1- BURNER STOVE(1) Oven 10 JEE 10 BURNER STOVE W /OVEN(1) Freezer 6 19 SINGLE DOOR FREEZER(1) WALK -IN FREEZER(1) Refrigerator 8 13 14 15 WALK -IN REFRIG(1) BEER COOLER(1) UPRIGHT REFRIG (1) Sink 2 17 18 2 -COMP BASIN SINK(1), BAR SINK (1), HAND SINK(2) Dish Washing Facilities 1 3-COMP SINK(1) Food Preparation f—o+Tter Dimensions �� FOOD PREP S /STEEL TABLES(2); DBL DOOR FOOD PREP S7ATIONS(2) Other 7 9 DEEP FRYERS(2) FRESH AIRS ICE MACHINE(1) 3. Attach a copy of your full menu includin rites (examples: Breakfast, Lunch, Dinner, and Nonalcoholic beverages) . 4. List the seating capacity for: a. Restaurant dining area of your premises: (Do not include Patio seating) b. Bar area of your premises: c. Total dining and bar seating capaci of your premises: S. fFyaf Type of dinnerware and utensils are utilized within your restaurant Reusable El Disposable [:1 Both 100 l [+ 8 STOOLS 108 ] b. Does your restaurant have a bar area that is distinct and separate from the dining area? EJ YEs 1! No f If yes, what aercentaae of the public floor space does this area cover ?) 7. What percentage of your public premises is used primady for restaurant dining? (Do not include kitchen bar, hi- tables ar ggm2 are 1 �o T* rr: C A 6-P, 8/11/2015 page 1 of 2 Marana Regular Council Meeting 09 /2lgR% §0l$ requiring ADA accommodations call (602) 542 -9027. Page 73 of 97 0 0 8. Does Y Y our restaurant contain an ames televisions or a ny other entertainment ?EV ES No ff yes s ec what es and how man (examples: 4 -TV's, 2-Pool Tables, I -Video Game, etc. TV(2) 9. Do ou have live entertainment or dancing? ['"YES No Y � (If yes, what a and how often (example: DJ-2 x a week, Karaoke-2 x a month, Live Band --1 x a month, etc.) OCCASIONAL ROAMING TIPPED MARACHI 10. Use space below to list how many employees for each position to fully staff your business. Posftion How many Cooks 4 Bartenders Hostesses 1 Managers Servers 6 Other (mgt of restaurant owner) 'I Other { � Other } CARLOS GARCIA DURAN I, , hereby declare that I am the APPLICANT filing this application. (Print full name) I have read this application and the contents and all statements true, correct and complete. X (Signature of APPLICANT) NOTARY State of ARIZONA County of PIMA The foregoing ' "' t was ed be re me this da y of JULY 20'16 " = o " u 1 Day Month Year "A a pima County, Arizona ,. My Comm. Expires 04 -2020 • Ivey Commisslo Ex lres on: Date Signature of Notary Publi r 8 Page 2 of 2 Marano Regular Council Meeting 09/ O � �QOols requiring ADA accommodations call (602) 542-9027 Page 74 of 97 Adh i In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4- 205.02(G). Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of flood and spirituous liquor for the licensed premises. 2. A list of a!1 food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark -up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures w beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements- income Statements -- Balance Sheets 10. General Ledger A. Sales Journals /Monthly Sales Schedules 1) Daily sales Repor (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z -tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, use and Severance Tax Return (copies) B. Income Tax Return -- city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages 9/4/2015 Marana Regular Council Meeti W &Md� siring ADA accommodations please call (602)542 -9027 Page 75 of 97 MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS 13. Off -site Catering Records (must be coplete and separate from restaurant rece) A. All documents which support the income derived from the sale of food off the license premises. B. All documents which support purchases made for food to be sold off the licensed premises. C. All coupons /specials /discounts The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A. R.S. §4-210(A)7 AND A. R.S. 4- 205.02 . A. R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A. R.S. §4- 205.02(0) For the purpose of this section: I , "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. NOTARY 1, (Print Full Name CARLOS GARCIA DURAN X (Signature) Controffing Person / Agent :r r Gracieta Arviz My commission expires on: � �" Notary Public Pinta County, Arizona 9t MY Comm. Explres 04 -12 -2420 have read and understand all aspects of this statement State of ARIZONA County of PIMA the foregoing instrument was acknowledged before me this �� 2070 o '� o f JULY Day Month Year Signature of NOTARY PUBUG )MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE 9/4/2915 Marana Regular Council MeetN �§jiring ALFA accommodations please call (602)542 -9027 Page 76 of 97 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, Az 850072934 J *, www.azliquor.go►v (602) 542 -5141 AFFIDAVIT OF POSTING Date of Posting: August 19, 2016 Applicant Name: Garcia Duran Last Business Address: 4185 W Ina Road Date of Posting Removal q I� I U CA�� Carlos First mueie Tucso 85741 Street License #:12104456 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 - 9 -2496 Print Name of City/County Official Title Phone Number 6-1 7,) ........... HV t Signature bate 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. 11/24/2015 Page 1 of 1 Marana Regular Council Meetilgl 4)26i)2 fr;uiring ADA accommodations please call (602 )542 -9027 Page 77 of 97 ' Lt Arizona De of Li Licenses and Control 800 W Washington 5th Floor - Phoenix, AZ 85007 -2934 www.azliquor.gov c� (602) 5425141 .�1Z. Local Governing Body Recommendation A. R.S. § 4 -201 (C) 1 .City or Town o f: Town of M (Circle one) 2. County of: Pima Liquor License Applicatio #- 12104456 (Arizona application #) City /Town/County : LL2015 -1 g Y Y 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207 (D) (2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. 4. The Town Council at a Regular mee tin g held on the 20th (Governing body) (Regular or special) (Day) September , 2015 considered the app lication of Carlos Garcia Duran (Month) (Year) (Name of applicant) for a license to sells spirituous liquor at the remises described in application 12104456 p q p pp (Arizona liquor license application #) for the license series #: type Series #12 Restaurant as p by A.R.S §4-201. (i.e.: series #10: beer & wine store) ORDER OF APPROVA UDISA PPROVA L IT IS THEREFORE ORDERED that the license APPLICATION OF Carlos Garcia Duran (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 f . (Location) (Day) (Month) (Year) Jocelyn C. Bronson (Printed name of city, town or county clerk) (Signature of city, town or county clerk) of 9/29/2015 Page 1 of 1 Marana Regular Council Meetig6o&�61 @airing ADA accommodations please call (602 )542 -9027 Page 78 of 97 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Marana Regular Council Meeting 09/20/2016 Page 79 of 97 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Marana Regular Council Meeting 09/20/2016 Page 80 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting L2 Meeting Date: 09/20/2016 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: September 20, 2016 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 15, 2016 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 15, 2016. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Marana Regular Council Meeting 09/20/2016 Page 81 of 97 Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival. OPTION 2: I move to disapprove the special event liquor license application submitted by Patrick R. Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival. Attachments Application Description Special Event Liquor License Marana Regular Council Meeting 09/20/2016 Page 82 of 97 Qi E oN Ly Ve nd: NT IN IMPO T C) � 'fhb t'�t#"_Mpnt rnust be C� i t W die r eturn ed, ............. • must re ceive this app�ation tee X10} business days prior to the errant. If the The Department at Uquor Ucenses and Contras r� be on awn of a laarafl that event special e�e wN be held at a awn a permanent �or Ncense or it the eve �► p is not covered by the exing � �e�nse► tht ap� �� must be approved by the local gave+rnrnent before submission to the Department of Uquor Ucenses and Contra ( Section 15). c. Cal ►� SEo 1 Marne of organizationo -�, L;-:, - Lf o SE �N � Non-Pro il�S Tax Exempt Number: C11 SECTION - 3 The organization is a: (check one box only) Charitable �Frafiemal lmvst have regular membership and have been in existence for over five (5) years} Religious [3CMic (Rotary, College Scholarship) r3p Pcuty, Ballot Measure or Campaign Committee SEC110N 4 Will this event be held an a currently licensed premise and within the already approved premises? Mes "ZNo Name of Business Ucense Number Phone onclude Area Code) - conduct all dispensing, serving, and selling of spirituous liquors? Ple�s� „ rid R -t 9�- • SgOC�N 5 Howf�s t his special event gong to candu win boxes. e look in special went planning guide) and check one of the following 318 for e xp nPlace license in non-use [3Dispense and serve all spirituous liquors under retailer's license is p ense and serve all spirituous liquors under special event -Cw Split premise between special event and retail location po rtion p (if not using Mail l�ense� submit a letter g the event. If the spealsd errant is only using a Of a reem�ent from the agent /owner of the licensed premise to suspend the license during . . rtlon of remise, a gent/owner will need to suspend that portion of the promise - ` e consum tion r3Off-site (au 013oth SEOON 6 What is the purpose of this event . n sit l� SECTION 7 Location of the Event. ri.0_1 23 . 4 M(ivnaii_,�i dr 4 f1 j 3 + J ! �... Address of Location: COUNT s tate Zip Street CHY SECInoN 8 Will this be .star ked with a wine festival /craft distiller festival? [3Yes 0 anization and authorized by an Officer, Director or chairperson SEC�o� 9 Applicant must be a memb of the qualifying fY g or - n named in Section 1. (Author zing signature is required in Section 3.) of the n rganizatio r WP 1. Appl icant: � Lost First Middle �� 3r) 4 h - Z. Applicant s ma1l1ng address. - -- street Dote of BMh state _ ' -7 Q21 Applicant's business phone. 3. Applicant's home /cell phone. 4. Applicant's email address: �--� Marana Regular Council Meeting 09/20/201 6 Page 83 of 97 7/22/2015 Page I of 4. . SON 10 ears? 1 . Has the applicant been convicted of a felony, or had a liquor license revolved within the last five t�� Y 0yes *0 (Ii yes, coach expianation.) 4� • � been issued to �. How many spec ev l icenses hav this location this year? � er r; exce ptions under A.R.S. §4. 203.02(D).) §4. 203.02(D).) �e number cannot exceed � � event ea p Y m anage the event? %e5 0q0 the 5ery to o f a promoter or rather person � of the agreement.) 3. Is the organization us � (if yes, attach a copy � 4. List all people and organizations who will recei ues of the�pec al event liquor sal�e� am additi additional page or ga n izatio n afi�o essary. applying must receive 25% of the gross reven 70 "2T �1� Gt ��t � �- �'� r ' �'� �:� - �� Yl ��(t'�.t q� Percentage: Name . Address t � �..� /(� , - y�� '�-�c v �.sL. ��C YZ � �9 State 71P street `''ry Percentage: Name State lip Address " cny street • R � 9 -� �2U5 Re uirernents for a 5 ecial Event License. A.R.S. 4- ��3.0� 5 ecial event license rules and THE EVENT SITE ONLY. 5. Please read § SALES MUST BE FOR CONSUMPTION AT T Note: ALL ALCOHOLIC BEVERAGE SA IN AU ION SEALED CONTAINERS OR TH SHALL LEAVE SPECIAL EVENT UNLESS THEY AR ;`Na ALCDHaL1G BEVERAG S lTH wINE CRAFT D1ST�LLERY FESTIVAL LICENSE SPECIAL FVENT �.ICENSE l5 STACKED � . recent violations of liquor laws at this event? securi and central measures wi• ll you tape to s a G. Wh type o � person and type of fencing or contr bamer ► pp (List type and number of Police lsecu�y pe ncin Number of Police Explanation: Number of Securrty Personnel SE C 11ON 11 See ASR Sn§ 4244(15) and (17)po legal hour f s of servi con secutive days. Event Start License End Date Day of Week Time AM /PM Time AM /PM DAY 1. oC� ��p�� p _ �..Xi I.._ R-� � '0 �� /�1 qV t ooeln �tic�6�� DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY & DAY 9: DAY 10: Marana Regular Council Meeting 09/20/2016 -f t^r% Inn C Page 84 of 97 Page 2 of 4 .. . 11 .. ^^I r ern o('Ie')`r - s eciai event is the area in which you are authorized License pre ses diagram. The licensed premises for you p iiowin s ace is to be used to SECT CAN 1� p ' bevera es under the pr ovisions of your incense. The fo g p to sell, dispense or serve alcoholc g lease show dimensions. sery p ing areas. fencing, barricades, or r area diagram of your special event licensed premises. P ep other control measures and security pos Pion. Marana Regular Council Meeting 09/20/2016 Page 85 of 97 Page 3 of 4 .. , . I Ile ?Ft Wrml j Aw 4k to lop, Immmm Ulm. mkm 0 J i m W MIT I V A k A ' U r fi � � ' r Marana Re Council Meetin 09/20/2016,.r. Pa 86 of 97 tion named in Section 1 2, JdA 13 To be completed onl b an officer, Director or Chairperson of the or 4a- J\) va r i q P that I am an OFFICER, DIRECTOR, or CHAIRPERSON ( PvW Ftd WWXM) appointin the appricant Wed in Sec-tion 9, to apply On behatf of the fore or for a Special Event li Lic 3�� - �. s� f1tw" # D met Possim before me this -3 The fcweg - rtg instrurne was ackn Yew CM DW 0 Yew State County of Q My C ommission b on: 0 y d 94 Notar Public E i maL mintv- Ari 00A M Comm. Expires 09-11. SECTIO 4 This section is to be COMPleted., onl b the applicant named in Section 9. 41 #ee C , , � , � �.� deciare that I am the APPLICANT On this appcation as r ation and the contents and all statements are true, correct and listed in Section 9. 1 have read the appUc complete. � .� �' � C��'�,�1'j X DL PhOM # The fore instrument was actin before me this Day AAor& Year Yew 3V Mora State Count of M C omrKission BqNres OM C 1 f N%mm PUW y 44 yawk" Of deadlines. Additional Please contact the local g overning board for additional application re and s ubmission cleadr also be re before approval ma be g ranted. For more informcffion, please contact y our local licensing fees may i uor.go-vLa-ssets rinks asset a e. _ s ec_event_.pdf. jurisdiction: L_p S CT a Appr oval Sectio E _ 5 Local Governing Bod Appr n recommend OAPPROVAL El DISAPPROVAL I., f on behalf of Dde Phone ( co y , Town, Co~ FOR DIwPA I NT - E OF LIQUOR LICENSES A ND CONTR ,USE ONLY OAPPR OVAL 0 DISAPPROVAL BY: DATE: - - - in to this Drohibilled C39 irohitfted acts bY state Pff A.R.S. § 41-1030. I of U I S s not m de acc _11 !-.Wi�ch�Gt�er �n�' em i v s", are@Me nnfice e ion that i not Is licensing decision in who or in part on a licensing re or condition B. An a shall not base a li t. A g eneral g rant of authorit in statute does not constitute a specifically au thofted b statute, rule or state tribal g amin g compac to that g eneral g rant of authorit that basis for imposin a licensing re or condition unless a rule is made pursuant s p eci ficall y authorizes the r or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE WITH THE LICENSE APPLICATION TO A COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. VIOLATION OF THIS SECTION IS E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. Marpp� HE IMMUNITY PROVIDED BY SECTION 12-820-01 OR 12-820.02. '6WUaM&j%Wbgy§& T Page 87 of 97 -7 fnr� /On I r, Pa 4 of 4 SERIES: 15 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges Di I101011ecm Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Marana Regular Council Meeting 09/20/2016 Page 88 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting B1 Meeting Date: 09/20/2016 To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Date: September 20, 2016 Strategic Plan Focus Area: Community Subject: Relating to Boards, Commissions and Committees; selecting three potential topics for the Fall 2016 Marana Citizens' Forum (Jocelyn Bronson) Discussion: This item is to assist in choosing a topic for the Fall 2016 Marana Citizens' Forum. Topics presented for the Fall 2016 session include topics proposed by Forum delegates as well as previous topics not chosen by the Council or the delegates. These topics are: 1. Public Art Program - develop a town -wide art program to install and showcase unique pieces that reflect and celebrate the community. 2. Buy Local Campaign Collaboration - collaborate with the Marana Chamber of Commerce to update its "Buy Local" campaign with additional strategies as a credit /debit card program. 3. Document Marana's History - design a program to document Marana's history, including neighborhoods and business, with maps, photos, written histories and artifacts. 4. Multi -Event Complex Plan - support a multi -event complex plan for joint use community centers or similar assets for a wide range of recreational and cultural activities. 5. Positive Behavior Interventions and Supports (PBIS) - work with Marana Unified School District to design and implement an expansion of the PBIS program to involve community members in supporting positive behavior enforcement for students. 6. Career Technical Education (CTE) Program - work with Marana Unified School District to create academic parameters for a new CTE program focused around aviation and aeronautics. At tonight's meeting, each Council Member will be asked to select his or her top three choices. Votes will then be tallied, and the top three topics will be presented to the Forum to select a single topic. Staff will present the three approved topics to the Forum delegates at the September 29, Marana Regular Council Meeting 09/20/2016 Page 89 of 97 2016 Orientation meeting, and the delegates will select their topics for deliberation during the Fall 2016 session. The Topic Voting Matrix is attached. Staff Recommendation: Council's pleasure. Suggested Motion: No motion is necessary. After tallying the Council Members' topic selections, staff will forward the top three topics to the Forum for the Fall 2016 session. Attachments Fall 2016 Topic Voting Matrix Marana Regular Council Meeting 09/20/2016 Page 90 of 97 MA RA N A, A R I Z O NA YOURCITIZENS' TOWN FORUM Council, please select no more than your top 3 topic preferences for the Fall 2016 Marana Citizens' Forum. Topic 1. Public Art Program - develop a town -wide art prograr install and showcase unique pieces that reflect and celebrate the community. 2. Buy Local Campaign Collaboration - collaborate w/ t Marana Chamber of Commerce to update its "Buy Lc campaign w/ additional strategies such as a credit /d( card program. 3. Document Marana's History - design a program to document Marana's history including neighborhoods businesses w/ maps, photos, written histories and artifc 4. Multi -Event Complex Plan - support a multi -event corn plan for joint use community centers or similar assets fc wide range of recreational and cultural activities. 5. Positive Behavior Interventions and Supports (PBIS) - w MUSD to design and implement an expansion of the P program to involve community members in supportinc positive behavior enforcement for students. 6. Career Technical Education (CTE) Program - work w/ P to create academic parameters for a new CTE progrc focused around aviation and aeronautics. 7. Write -In: f 1E WN 0► 1NARANA • • • • Marana Regular Council Meeting 09/20/2016 Page 91 of 97 N O 0 / m - tn. A k Council - Regular Meeting Meeting Date: 09/20/2016 To: Mayor and Council From: Vickie Hathaway, Communications Manager Date: September 20, 2016 Strategic Plan Focus Area: Progress & Innovation Strategic Plan Focus Area Additional Info: Strategic Plan Innovation Focus Area Initiative 1: Encourage, reward, and facilitate innovative ideas Al Subject: Resolution No. 2016 -097: Relating to Community; creating the Town of Marana Youth Legacy Award for exemplary youth achievement in the Marana community (Vickie Hathaway) Discussion: This summer, twenty -four Marana youths traveled to Denver to represent the Town of Marana in the 2016 All - America City competition. Despite not winning the top -10 designation, they demonstrated what it meant to be exemplary youths for the Marana community, as they taught other communities from around the nation about their Marana -based programs that support foundational needs. This new award honors their efforts and achievements, and begins a new legacy of honoring youth in Marana. The Marana Youth Legacy Award recipient's work must benefit the Marana community, the recipient must be 18 years or older, and the recipient must fulfill at least one of the following three categories: - Heart: programs /efforts that promote a healthy and safe environment; - Body: programs /efforts that provide clothing, food, or shelter; - Mind: programs /efforts that provide educational opportunities. The three categories are from the presentation given by the twenty -four Marana youth delegates at the All - America City competition, and represent the three types of foundational needs Marana Regular Council Meeting 09/20/2016 Page 92 of 97 necessary for a person to be successful in school and in life. The Town of Marana Youth Legacy Award recipient shall be selected by a selection committee that will include members of the community and personnel from the Marana Unified School District and the Town of Marana. The recipient shall be selected at the same time and in conjunction with the selection of the Branding Iron and Crystal Legacy Award recipients.The Marana Youth Legacy Award will be presented at the Marana Founder's Day event, or otherwise designated by the Town Manager. For the inaugural award presentation, the Town intends to award the twenty -four Marana youths who represented the Marana community at the 2016 All - America City competition. For the following years, the Marana Youth Legacy Award will be presented to one youth recipient per year. Financial Impact: Fiscal Year: 2016 Budgeted Y/N: No Amount: $500 There is not a budgeted line item for this specific award as it's brand new this year, and we intend to award the 24 youth delegates who represented Marana at the All - America City competition as the inaugural recipients. Moving forward, each year we will only award 1 youth recipient. The $500 represents the cost for awarding the award to each of the 24 youth delegates. Staff Recommendation: Staff recommends approval of Resolution No. 2016 -097. Suggested Motion: I move to adopt Resolution No. 2016 -097, approving the creation of the Town of Marana Youth Legacy Award for exemplary youth achievement in the Marana community. Attachments Resolution No. 2016 -097 Marana Regular Council Meeting 09/20/2016 Page 93 of 97 MARANA RESOLUTION NO. 2016-097 RELATING TO COMMUNITY; CREATING THE TOWN OF MARANA YOUTH LEGACY AWARD FOR EXEMPLARY YOUTH ACHIEVEMENT IN THE MARANA COMMUNITY WHEREAS the Town of Marana is a strong supporter of youth opportunities and engagement in the community; and WHEREAS the Town desires to annually honor one youth for his or her exemplary achievements in the Marana community; and WHEREAS the Town Council finds that the establishment of an annual award honoring the youth of Marana is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows. SECTION 1. The Town of Marana Youth Legacy Award is hereby created. SECTION 2. The criteria for consideration for the Award shall be as follows: the nominee's work and efforts must benefit the Marana community; the nominee must not be a member of the selection committee; and the nominee must be 18 years old or younger at the time of the closing date of the nomination period. In addition, the nominee must fulfill at least one of the following three categories: a. Heart: Participation in programs /efforts that promote a healthy and safe environment; b. Body: Participation in programs /efforts that provide clothing, food, or shelter; c. Mind: Participation in programs /efforts that provide educational opportunities. SECTION 3. The Town of Marana Youth Legacy Award recipient shall be selected by a selection committee that will include members of the community and personnel from the Marana Unified School District and the Town of Marana. The recipient shall be selected at the same time and in conjunction with the selection of the Branding Iron and Crystal Legacy Award recipients. SECTION 4. The award will be presented annually at the Marana Founders Day event, or as otherwise designated by the Town Manager. Marana Resolution No. 2016 -097 Marana Regular Council Meeting 09/20/2016 Page 94 of 97 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of September, 2016. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2016 -097 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Regular Council Meeting 09/20/2016 Page 95 of 97 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Meeting Date: 09/20/2016 To: Mayor and Council Submitted For: Gilbert Davidson, Town Manager From: Anthony Hunter, Management Assistant Date: September 20, 2016 Strategic Plan Focus Area: Community D1 Strategic Plan Focus Area Additional Info: Fostering and maintaining community partnerships is at the core of the Community focus area of the Town's Strategic Plan III. Working with MHC Healthcare to further our common goal of a healthy and vibrant community exemplifies a great relationship between two Marana institutions. Subject: Relating to Community Affairs; discussion and possible action regarding MHC Healthcare's 60th Anniversary celebration, including the opportunity for the Town to become a sponsor and the funding options to support a sponsorship (Gilbert Davidson) Discussion: In 2017, MHC Healthcare will reach a significant milestone: 60 years in continuous service to the Marana community. In recognition of this significant achievement, MHC will be featured in Biz Tucson magazine in a Special Report section of their first quarter -issue in 2017. In addition, a 60th Anniversary Gala Event will be held at Marana's own Ritz - Carlton Dove Mountain Resort on September 22, 2017. Sponsorships are available to help support MHC's efforts to spread the word about their services and the work they are doing in the Marana community and throughout the region. There are several sponsorship packages from which to choose, all of which include significant benefits: Gold Level Sponsor: $10,000 • Advertisement in BizTucson magazine January issue and MHC Special Report issue. • Table for 10 at Gala event • VIP tickets to Keynote Speaker Reception prior to gala Marana Regular Council Meeting 09/20/2016 Page 96 of 97 • Additional marketing opportunities, including logo inclusion in event booklet, and recognition on MHC social media Silver Level Sponsor: $6,500 • Advertisement in BizTucson magazine January issue and MHC Special Report issue. • Table for 10 at Gala event • Additional marketing opportunities, including logo inclusion in event booklet, and recognition on MHC social media Bronze Level Sponsor: $3,000 • Table for 10 at Gala event • Additional marketing opportunities, including logo inclusion in event booklet, and recognition on MHC social media Financial Impact: Fiscal Year: 2016 -2017 Budgeted Y/N: N Amount: Unknown If approved, staff would bring forward a resolution before Council at a future meeting transferring the amount of the contribution from the General Fund Contingency line item to the Community Relations line item within the General Fund. Staff Recommendation: Staff recommends approval of a sponsorship at a level as determined by the Council. Suggested Motion: I move to approve a sponsorship of the MHC Healthcare 60th Anniversary in the amount of XX dollars, and to direct staff to bring a resolution at a future Council meeting to transfer General Fund Contingency Line Item funds to the Town Manager Community Relations Line Item to support the expenditure. Attachments No file (s) attached. Marana Regular Council Meeting 09/20/2016 Page 97 of 97