HomeMy WebLinkAboutCouncil Agenda Packet 11/01/2016M
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 1, 2016, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
November 1, 2016, at or after 7:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the
first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the
date or time may change and additional meetings may be called at other times and /or places.
Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be
revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of
this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
Marana Regular Council Meeting 11 /01 /2016 Page 1 of 90
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 under Agendas and Minutes.
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. 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
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Marana Regular Council Meeting 11 /01 /2016 Page 2 of 90
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 -116: Relating to Elections; approving and authorizing the
Mayor to execute an intergovernmental agreement between the Town of Marana and
Pima County for election services for the period of January 1, 2017 through
December 31, 2021 (Jane Fairall)
C2 Resolution No. 2016 -117: Relating to Parks and Recreation; approving and
authorizing the Mayor to execute an agreement between the Town of Marana and
Desert Bluegrass Association regarding the planning, development and presentation
of the 2017 Marana Bluegrass Festival (Cynthia Nemeth- Briehn)
C3 Resolution No. 2016 -118: Relating to Police Department; approving and authorizing
the Chief of Police to execute the State Plan of Operations Between the State of
Arizona and the Marana Police Department for participation in the U.S. Department
of Defense LESO Program (Libby Shelton)
C4 Approval of Study Session Meeting Minutes from October 11, 2016 and approval of
Regular Council Meeting Minutes from October 18, 2016 (Jocelyn C. Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a New License Series # 12 Restaurant liquor license
application submitted by Rong Yun Zheng on behalf of New Town Buffet located at
8500 N. Cracker Barrel Road, Marana, Arizona 85743 (Jocelyn C. Bronson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Marana Regular Council Meeting 11 /01 /2016 Page 3 of 90
Al PUBLIC HEARING: Ordinance No. 2016.021 Relating to Development;
amending the Marana Land Development Code Title 16 (Signs), Section 16- 14 -37,
adding provisions for Road Construction Area Signs, temporary signs for existing
land uses located within a commercial or industrial zoning district and within an area
subject to long -term or substantial roadway construction activity; and establishing an
effective date (Brian D. Varney)
Resolution No. 2016 -119: Relating to Development; declaring as a public record
filed with the Town Clerk the amendments adopted by Ordinance No. 2016.021,
amending the Marana Land Development Code Title 16 (Signs), Section 16- 14 -37,
adding provisions for Road Construction Area Signs, temporary signs for existing
land uses located within a commercial or industrial zoning district and within an area
subject to long -term or substantial roadway construction activity (Brian D. Varney)
A2 Resolution No. 201 6 -120: Relating to Public Works; approving and authorizing the
Mayor to sign an Acquisition Agreement &Administrative Settlement for the
purchase of property rights needed from Pep Boys Manny Moe &Jack of California
for the Camino Martin /Jeremy Place Reconstruction Project, Town of Marana
Project No. ST033 (Frank Cassidy)
A3 Resolution No. 2016 -121: Relating to Administration; approving the transfer of up to
$85,000 in budgeted expenditure authority from the General Fund contingency line
item in the fiscal year 2016 -2017 budget to the Parks and Recreation landscape
maintenance account for expenses related to Phase 1 of the Marana Main Street Tree
Plan (Cynthia Nemeth- Briehn)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D1 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)(4) and (7) to discuss with the
Town's attorneys and representatives the terms of a proposed purchase of Camino
Martin right -of -way from Pep Boys Manny Moe &Jack of California (this item relates
to and should occur, if at all, before Council Action A2 on tonight's agenda)
Marana Regular Council Meeting 11 /01 /2016 Page 4 of 90
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 11 /01 /2016 Page 5 of 90
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Council - Regular Meeting C1
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: November 1, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -116: Relating to Elections; approving and authorizing the Mayor
to execute an intergovernmental agreement between the Town of Marana and Pima
County for election services for the period of January 1, 2017 through December 31,
2021 (Jane Fairall)
Discussion:
The Town of Marana contracts with Pima County, on behalf of its Elections Department, for
election services for the Town's primary, general, and special elections. The proposed IGA will
continue that relationship, with a term running from January 1, 2017, through December 31,
2021. As part of the agreement, the Elections Department will provide the Town with use of the
Election Department's comprehensive voting system and certified elections officials for the
Town's elections. Services include use of polling places, sample ballot printing and postage,
translation services, early and provisional ballot processing, and election night processing and
tabulation. For these services, the Elections Department charges the Town 75 cents per registered
voter.
Financial Impact:
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $
Any future election costs attributable to this IGA would be considered and included in the
appropriate future fiscal year budget.
Marana Regular Council Meeting 11 /01 /2016 Page 6 of 90
Staff Recommendation:
Staff recommends approval of the elections services IGA.
Suggested Motion:
I move to adopt Resolution No. 2016 -116, approving and authorizing the Mayor to execute an
intergovernmental agreement between the Town of Marana and Pima County for election services
for the period of January 1, 2017 through December 31, 2021.
Attachments
Resolution No. 2016 -116
Exhibit A to Resolution - Election Services IGA
Marana Regular Council Meeting 11 /01 /2016 Page 7 of 90
MARANA RESOLUTION NO. 2016-116
RELATING TO ELECTIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXE-
CUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA
AND PIMA COUNTY FOR ELECTION SERVICES FOR THE PERIOD OF JANUARY 1,
2017 THROUGH DECEMBER 31, 2021
WHEREAS Pima County has a comprehensive voting system and certified election
officials; and
WHEREAS the Town seeks Pima County's assistance in the preparation and conduct of
the Town's primary, general, and special elections; and
WHEREAS Pima County, through its Elections Department, is willing to provide
election services to the Town based on the terms set forth in the intergovernmental agreement for
election services which is the subject of this resolution; 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, that the Intergovernmental Agreement for Election Services attached to
and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the
Mayor is hereby authorized to sign it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 st day of November, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00049344.DOCX /1
Marana Resolution No. 2016 -116
Marana Regular Council Meeting 11 /01 /2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 8 of 90
INTERGOVF,RNMENTAL AGREEMENT
For Election Services
Among the Town of Marana and Pima County
This Intergovernmental Agreement (IGA) is by acid among TOWN OF MA ANA. 01' PIMA COUNTY,
ARIZONA, a municipal subdivision of the State of Arizona ("the Town ") and PIMA COUNTY, a
political subdivision of the State of Arizona ("the County "), on behalf of the PIMA COUNTY
ELECTIONS DEPARTMENT (the "Elections Department ").
WHEREAS, the County of Pima has a comprehensive voting system and certified. elections officials; and
WHEREAS, the "I"own of Marana, an Arizona political. subdivision pursuant to A.R.S. § 9 -231 (A), seeks
Pima County's assistance in. the preparation and conduct of the Town's primary elections, general
elections and special elections;
NOW, THEREFORE, IT IS AGREED by and between the County, on behalf of its Ele ctions Departmen
and the Town, pursuant to A.R.S. §§ 16-205(C), 1. 1.72, 1.6 -405 et seq., 16-450, 11-251.(3), and 1.1-95 1. et
sect., as follows:
1.
Purpose. The purpose of this IGA is to provide election services to the Town for the Town's
primary elections, general elections and special elections.
2. Lour obl� tlouse County shall:
A. Provide election services at the applicable cost set forth. in the Schedule of Prlc°es, Level
Consolidated Elections (Exhibit .A), as requested by the Town Clerk for placing
ballot language on the Pima County ballot.
B. Provide for all of the following services as indicated under the Level 2 fee schedule:
* Boardworker recruitment, training and service
* Polling place acquisition and use
* Sample ballot printing and postage
* Translation services
* Early and provisional ballot processing
Supplies
* Supply delivery and pickup
* Law enforcement
* Technical support
* Election Night processing and tabulation
C. Provide final camera - -ready ballot formats to the Town, including Spanish language
translations, no later than 55 days prior to each election. Upon written notice of a need
for a change to the ballot format approved by the Town, the Elections Department shall,
if possible, arrange for the corrections to be made by the vendor. The Elections
Department will inform. the Town of any additional charges incurred.
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D. Prepare and deliver an invoice to the "I'own. from the, Elections Depart.1-nent Jo 1, election
costs pursuant to this IGA, within fort (45) da after the date of each election. The
invoice will be based on the voter re data, provided b the Pima Count
Recorder as of the voter re eut-off for each electiort, The invoice shall be
calculated based on the schedule of prices, Level 2, Consolidated Elections.
E. Assure that all pollin locations compl with the Americans with Disabilities Act b
usin the ADA Checklist for Pollin Places (2004) published b the U.S. Department of
Justice.
I Town Obli The Town. shall.-
A. Make arran with the Count for an necessar lan translations as re q uired
b Section 203 of the Votin Ri Act.
B. Provide the Count Elections Department with the final certified cop of an ballot issue
for a, "Yown election at least 120 da prior to the election, unless a diff erent tirneframe is
otherwise mutuall a upon. The final certified cop of the ballot issue will be
provided in an electronic format (Microsoft Word).
C. Review and approve the camera-read ballot formats provided b the Elections
Department no more than two (2) business da after receipt. The Town must notif the
Elections Department, in writin of an re chan after the ballot format has been
approved,
113C I.es- of'lsible f0i, iLdw pieparatioll aiid distribut.ion Of pubiicit pan.ipifiiets HiGhAditi 'Oot
not limited to, an re translation, printin and mailin
E. Pa an and all char for printin of publicit pamphlet b commercial means directl
to the commercial vendor providin such services.
F. Arran for and publish an and all notices of each election as re b law.
G. Prepare and timel submit an reports re under A.R.S. § 16-409(B).
H. Should the election be challen or q uestioned for an reason whatsoever, the Town
shall be responsible for defense. This dut shall survive the expiration of the IGA,
provided that Count shall cooperate with Town in makin relevant information and
witnesses available upon reasonable re
1. Within thirt (30) da of date of the invoice, Town shall. reimburse Count in full, for
invoiced costs of election at the rates set forth in Exhibit A.
J, The Town will, within thirt (30) da of the date of the invoice, pa the Elections
Department the actual costs for an chan to ballots incurred b the Elections
Department.
K. An amount invoiced b the Count that is not paid thirt (3 0) da from the date of the
invoice shall accrue interest at the rate of ten percent ( 10% ) per annum until paid. The
frown expressl acknowled and a that the pa re to be made
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Agreement Between Phna County and
The 'town of Marana
?age 3
hereunder constitute valid, binding obligations arid authorized debt of the Town.
40 Hamer of The Town waiTatits that it has ,sufficiej t fi.inds available
and budgeted to discharge the funding obligation imposed by this IGA.
5. 'Term. The terra of this IGA shall. be from. January 1., 201.7 through December 31, 2021 provided
that the term shall continue through final resolution. of any legal challenge to the election. Any
modification or time extension. of this IGA shall be by for mal written amendment and executed.
by the parties hereto.
6. Hold. Harmless Clause. Each party (as Indemnitor) agrees to indemnify, defend and hold .
harmless the other party (as 1 frorn. and against any and all claims, losses, liability,
costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims ") arising out of bodily injury or any person (including death) or property damage, but
only to the extent that such claims which result in vicarious /derivative liability to the Indemnitee
are caused by the act, omission, negligence, misconduct, or other fault of the Ndernnitor, its
officers, officials, agents, employees or volunteers.
7. The parties shall comply with all federal, state and local
laws, rules, regulations, standards and Executive orders, without limitation to those designated
within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the
parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA
shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules
and regulations during the terms of this IGA shall apply but do not require an amendment.
Non -D scri inati.on. Neither party will discriminate a.ga.inst: the other party's employee, client or
any other individual in any way involved with., the other party, because of that person's age, race,
creed, color, religion, sex, disability or national origin in the course of carrying out the Town's
duties pursuant to this IGA. Both parties agree to comply with the provisions of A.R.S. §41-1463
and of Executive order 75 -5, as amended by Executive order 2009.09, which are incorporated
into this IGA by .reference, as is set forth in fill herein..
9. Americans wI'th Disabilities Act. This IGA is subject to all applicable provisions of the
Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 1.2101- 12213) and all
applicable Federal Regulations under the Act, including 28 CFR Parts 35 and 36.
I0. Severabifily. If any provision of this IGA or any application thereof to the County, the Town or
any person or circumstances, is held invalid, such invalidity shall not affect other provisions or
applications of this IGA. which can be given effect, without the invalid provision or application
and to this end the provisions of this IGA are declared to be severable.
I L Conflict of Interest. This IGA is subject to the cancellation for conflict of interest pursuant to
A.R.S. § 38.511, the pertinent provisions of which are incorporated herein by reference.
12. Non - Appropriation. Notwithstanding any other provision in this IGA, this IGA may be
terminated if for any reason the County Board of Supervisors or the Town does not appropriate
sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation,
County or Town shall have no further obligation other than for payment for services rendered
prior to cancellation.
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A Between. Pima Count and
The Town. of Marana
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1.3. Le Auth Neither part warrants to the other its le authorit to enter into this IGA. If
a court, at the re of a third person, declares that either part lacks authorit to enter into this
IGA, or an P ail of if', then the 1GA, or parts of it affected b such order, shall be null and void.,
and no recover ma be had b either part a the other for lack of performance or
otherwise.
1.4. Worker's Compensation. Each part shall compl with the notice of A.R.S. § 23-1022(E). For
purposes of A.R.S. § 23-1022, each part shall be considered the primar emplo of all
personnel currentl or hereafter emplo b that part irrespective of the operations of protocol
in place, and said part shall have the sole responsibilit of the pa of Worker's
Compensation benefits or other frin benefits of said emplo
1.5 No Joint Ve"ture. It is not intended b this IGTA to, and nothin contained in this IGA. shall be
construed to, create an partnership, joint venture or emplo relationship between the parties
or create an emplo relationship between Count and an Town emplo or
between the sown and an Count emplo Neither part shall be liable for an debts,
accounts, obli nor other liabilities whatsoever of the other part in.ciudin (without
limitation an other part obli to withhold Social Securit and income taxes for itself or
an of its emplo
1 No Third Pa Beneficiaries. Nothin in the provisions of this IGA is intended to create duties
or obli to, or ri in, third pat-ties not parties to this IGA, or to affect the le liabilit of
an part to the IGA b imposin an standard of care different from the standard of care
i mposed b law.
17, Resolufion of Conflicti �Needs In the event conflict arises bet-%veen the Count and the Town
over the use of votin e vote tall e or Count elections personnel, Count
shall have priorit but shall make reasonable efforts to reconcile conflicts so that neither part
will suffer as a conse of conflict.
M Notice, An notice re pursuant to this IGA shall be g iven to:
Chuck H. 1-luckelberr
Count Administrator
1. 3 0 W. Con St., 1.0 "' F I oor
Tucson, AZ 85701.
Phone: ( 520 ) 724-8661
Fax: ( 520 ) 724-8171
Brad R. Nelson
Elections Director
6550 S. Countr Club
Tucson, AZ 85756
Phone: (520) 724-6830
Fax: (520) 724-6870
Robin Bri
Clerk of the Board of Supervisors
1.30 W. Con St., 51" Floor
Tucson, AZ 85701
Phone.- (520) 724-8449
Fax: (520) 222-0448
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Agreement Between. Pima County and
The Town of Marana
Page 5
Town
Jocelyn C. Bronson
Town Clerk, l'own of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
Phone: (520) 3 82- 1999
Fax: (520) 382-1.998
19. 'T'erminatione Either party may terminate this IGA at any time by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before the effective
date of such termination. In the event of termination, any real or personal property belonging to
either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any
funds of Town paid to County in accordance with this IGA and not encumbered at the time of
termination shall be refunded to Town and, if Town terminates, Town shall pay any and all costs
of County n icurred up to the date of termination or as a result: of termination.
20. Legal Arizona workers Act Corn jIanced The parties hereby warrant that they will at all times
during the term of this IGA comply with all federal immigration laws applicable to each party's
employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the
"State and Federal Immigration Laws "). Each party will further ensure that each subcontractor
who performs any work for that party under this IGA likewise complies with the State and
Federal Immigration Laws.
Eac h party has the right: at any time to inspect the books and, records of the other party and any
subcontractor in. order to verify such pasty's compliance with. the State and Federal Imi- igra.tion
Laws.
Any breach of either party's or any subcontractor's warranty of compliance with the State and
Federal Immigration Laws, or of any other provision of this section, is a material breach of this
I subjecting the breaching party to penalties up to and including suspension or termination of
this IGA. If the breach is by a subcontractor, and the subcontract is suspended or terminated as a
result, the breaching party will. be required to take such steps as may be necessary to either self-
perform the services that would have been provided under the subcontract or retain a replacement
subcontractor as soon as possible so as not to delay the completion of work under this IGA.
.Each pally will advise each of its subcontractors of the other pasty's rights, and the
subcontractor's obligations, under this section by including a provision in each subcontract
substantially in the following form:
"SUBCONTRACTOR hereby warrants that it will at all tinges during the term of this
contract comply with all. federal immigration laws applicable to SUBCONTRACTOR's
employees, and with the requirements of A.R.S. § 23-214 (A.). SUBCONTRACTOR
further agrees that Pinta County or the Town may inspect the SUBCONTRACTOR'S
books and records to insure that SUBCONTRACTOR. is in compliance with these
requirements. Any breach of this paragraph by SUBCONTRACTOR is a material breach
of this contract subjecting SUBCONTRACTOR. to penalties tip to and including
suspension or termination of this contract."
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The Town of Marana
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An additional costs attributable directl or indirectl to remedial action under this
section will be the responsibilit of the breachin part
21. Entire IGA. This document constitutes the entire a between the parties pertainin to the
subject matter hereof, and all prior or contemporaneous a and understandin oral or
written, are hereb superseded and mer herein. This IGA shall not be modified, amended,
altered or extended except throu a written amendment si b the parties.
IN WITNESS WHEREO the parties hereb have executed this A on this da of
.2016.
PIMA COUNTY, 0
Chair, Board of Supervisors
ATTEST:
TOWN OF MARANA:
Date Ma Town of Marana
ATTEST:
Date
Clerk of the Board of Supervisors Date Town Clerk Date
APPROVED A CONTENT:
APPROVED
Brad Nelson, irector Date
Pima Count Elections Department
The fore Inter A between the Town of Marana and Pima Count has been
reviewed pursuant to A.R.S. § 11 -952 b the undersi who have determined that it is in the proper
form and is within the powers and authorit g ranted under the laws of the State of Arizona to those parties
to the Inter A represented b the undersi
PIMA COUNTY:
rf@o�uty Count Attorne Date
DANIEL JURKOWITZ
Attorne for Town of Marana Date
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E-A.H.-IBIT A
Schedule of Prices
LEVEL 2: CONSOLIDATED ELECTION'S
An jurisdiction ma choose to have its election combined with an count wide election. A fee
of 75 cents per re voter will appl
The sevent cent fee covers the followin services:
* Boardworker recruitment, trainin and service
* Pollin Place ac and use
* Sample Ballot printin and posta
* Translation services
* Earl and Provisional Ballot processin
* All supplies
* Suppl deliver and pickup
* Law Enforcement
* Technical Support
* Election ni processin and tabulation
F(,-,e ,schedule approved b Pima Counl Board (Y'Siipervisors,hme 16-3 2009.
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Council - Regular Meeting C2
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Cynthia Nemeth - Briehn, Parks & Recreation Director
Date: November 1, 2016
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Under the Community focus area, Strategic Plan III includes an initiative to market Marana as a
destination for unique, family- friendly events.
Subject: Resolution No. 2016 -117: Relating to Parks and Recreation; approving and authorizing
the Mayor to execute an agreement between the Town of Marana and Desert Bluegrass
Association regarding the planning, development and presentation of the 2017 Marana
Bluegrass Festival (Cynthia Nemeth- Briehn)
Discussion:
For the past four years, S & S Bluegrass Promotions had assisted the Town and Desert Bluegrass
Association in presenting the Marana Bluegrass Festival at Ora Mae Harn Park. This year the
Desert Bluegrass Association will present the festival with only support from the Town. The
Desert Bluegrass Association is an all - volunteer organization whose purpose is to support
bluegrass artists through information sharing, workshops, concert series, and an annual festival. If
approved, this item will enact an agreement that provides for Desert Bluegrass Association to take
the lead in planning, coordinating, promoting and presenting the 2017 Marana Bluegrass Festival,
April 28 - 30, 2017, as described in the Scope of Work attached to the agreement.
In 2017 the Town will support the festival through the rental of event equipment and in -kind
services. While the Town values the festival for the community and economic impact it brings to
Marana, staff and the Association have initiated discussions for a plan to phase out all financial
and many of the in -kind support it currently receives from the Town.
Financial Impact:
Marana Regular Council Meeting 11 /01 /2016 Page 16 of 90
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $ 2,100
The budgeted amount covers out -of- pocket costs for rental of canopies, tables, chairs and
restrooms. The Town will also be contributing in -kind support totaling $12,287.
Staff Recommendation:
Staff recommends approval of the agreement between the Town of Marana and Desert Bluegrass
Association for the 2017 Marana Bluegrass Festival.
Suggested Motion:
I move to adopt Resolution No. 2016 -117 approving and authorizing the Mayor to execute the
agreement between the Town of Marana and Desert Bluegrass Association for the 2017 Marana
Bluegrass Festival.
Attachments
Resolution No. 2016 -117
Exhibit A to Resolution - Bluegrass Agreement
Exhibit A to Agreement - Scope of Work
Exhibit B to Agreement - Release Form
Exhibit C to Agreement - Cost Spreadsheet
Marana Regular Council Meeting 11 /01 /2016 Page 17 of 90
MARANA RESOLUTION NO, 2016-117
RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND
DESERT BLUEGRASS ASSOCIATION REGARDING THE PLANNING, DEVELOPMENT
AND PRESENTATION OF THE 2017 MARANA BLUEGRASS FESTIVAL
WHEREAS on January 6, 2015, the Town Council adopted the Town of Marana
Strategic Plan III which identifies Community as one of its five focus areas and includes the
initiative to market Marana as a destination for unique, family - friendly events; and
WHEREAS for the past several years, the Town, in collaboration with several non - profit
entities and others in the local bluegrass community, has presented the Marana Bluegrass
Festival; and
WHEREAS the Desert Bluegrass Association ( "DBA ") is a non - profit organization
dedicated to developing and promoting bluegrass music for the diverse audience in the Greater
Tucson Area; and
WHEREAS the Town Council finds that approval of an agreement with DBA related to
the planning, development and presentation of the 2017 Marana Bluegrass Festival as set forth in
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, ARIZONA, as follows:
SECTION 1. The agreement between the Town of Marana and Desert Bluegrass
Association regarding the planning, development and presentation of the 2017 Marana Bluegrass
Festival, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby
approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of
Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the agreement.
Marana Resolution No. 2016 -117 - 1 -
Marana Regular Council Meeting 11 /01 /2016 Page 18 of 90
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 st day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2016 -117 -2-
Marana Regular Council Meeting 11 /01 /2016 Page 19 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
AGREEMENT BETWEEN THE TOWN OF MARANA AND DESERT
BLUEGRASS ASSOCIATION FOR THE 2017 MARANA BLUEGRASS
FESTIVAL
THIS AGREEMENT (the "Agreement ") is entered into by and between the TOWN OF
MARANA, an Arizona municipal corporation (the "Town ") and DESERT BLUEGRASS ASSO-
CIATION, an Arizona non - profit corporation (""DBA"). The Town and DBA are some-
times collectively referred to in this Agreement as the "Parties," each of which is some-
times individually referred to as a "Party."
RECITALS
A. In January 2015, the Town Council of the Town of Marana adopted the Town of
Marana Strategic Plan III (the "'Plan"). The Plan identifies Community as one of its five
focus areas. Under the Community focus area, the Plan includes an initiative to market
Marana as a destination for unique, family - friendly events.
B. For the past several years, the Town, in collaboration with several non - profit enti-
ties and others in the local bluegrass community, has presented the Marana Bluegrass
Festival.
C. The Desert Bluegrass Association is a non - profit organization dedicated to devel-
oping and promoting bluegrass music for the diverse audience in the Greater Tucson
Area.
D. The Town and DBA desire enter into an agreement for DBA to plan, develop and
present the 2017 Marana Bluegrass Festival (the "Festival ") with support and assistance
from the Town as described in this Agreement.
E. The Town finds that the benefits to the Town resulting from DBA's production
and presentation of the 2017 Marana Bluegrass Festival have a value at least equal to the
fair market value of the in -kind support and assistance to be provided to DBA by the
Town pursuant to this Agreement.
AGREEMENT
NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the
intent of the Parties in entering into this Agreement, and in consideration of the terms of
this Agreement, the Parties hereby agree as follows:
1. Services to be performed by DBA. DBA shall plan, develop and present the 2017 Ma-
rana Bluegrass Festival at Ora Mae Harn Park, 13250 N. Lon Adams Road, as set forth
in this paragraph 1, and in the Scope of Work, attached hereto and incorporated herein
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-1-
Marana Regular Council Meeting 11 /01 /2016 Page 20 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
by this reference as Exhibit A. The Festival will be held April 28 -30, 2017, during the
times mutually agreed upon by the Parties. The Festival will include performances by
bluegrass bands and musicians, food and craft vendors, and other related activities.
a. DBA shall recruit, select, approve and contract with musicians and vendors for
the Festival. The vendors may include food and crafts exhibitors and other exhibi-
tors consistent with the theme of the Festival and the terms of this Agreement. DBA
shall ensure that all Marana Bluegrass Festival vendors possess a current Town of
Marana business license as of the date of the Festival. DBA shall also ensure that all
food vendors possess a current and appropriate permit from the Pima County
Health Department, if required, as of the date of the Festival.
b. DBA shall provide a complete listing of Festival vendors to the Town at least
one week prior to the Festival.
c. DBA shall ensure that all Festival vendors enter into a release and indemnifica-
tion agreement in the form set forth in Exhibit B, attached hereto and fully incorpo-
rated herein by this reference. DBA shall provide the completed release and indem-
nification agreements to the Town with the vendor list required by subparagraph b
above.
d. All marketing and promotional materials produced by DBA for the Festival
must be approved by the Town prior to their use and distribution.
e. DBA shall provide sufficient staffing to present and run the Festival on all
days, including set -up and tear -down.
f. DBA shall provide security for the Festival pursuant to a security plan ap-
proved by the Town.
2. Support and assistance to be provided by the Town. The Town shall provide in -kind
support and cash assistance, at no cost to DBA, as set forth in Exhibit C, attached hereto
and incorporated herein by this reference. In addition to the items listed on Exhibit C,
the Town shall:
a. Provide promotional assistance through Town social media outlets, website,
and distribution of DBA- produced marketing and promotional materials.
b. Provide a chalked area for RV parking
c. Provide signage for festival parking
3. Expenses; admission and other activity fees. Except as provided in paragraph 2
above, DBA shall be responsible for all of its operating expenses. DBA may assess,
collect and retain admission and other activity fees from parties who wish to attend and
participate in the Marana Bluegrass Festival. The Town makes no guarantee or promise
regarding the amount of compensation DBA will receive due to admission and other
activity fees.
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-2-
Marana Regular Council Meeting 11 /01 /2016 Page 21 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
a. DBA shall make available to the Town for inspection any books, ledgers or
statements kept by DBA regarding activities conducted pursuant to this Agreement.
b. DBA shall be liable for all taxes applicable to the proceeds received by DBA
under this Agreement.
4. Effective date and duration. This agreement shall be effective as of the signature
date of the last Party to sign this Agreement, and shall remain in effect until May 31,
2017. Notwithstanding the foregoing, the indemnification provisions set forth in para-
graph 8 below shall survive termination of this Agreement.
5. Relationship of the parties. In the performance of the services contemplated by this
Agreement, DBA shall act solely as an independent contractor, and nothing expressed
or implied in this Agreement shall be construed to create the relationship of employer
and employee, partnership, principal and agent, or to create a joint venture between the
Town and DBA.
6. Use of Town logo and seal. The Town grants DBA a limited license to use, at no cost,
the Town's logo and seal in DBA's performance of the services described in this Agree-
ment. DBA shall not use the Town's logo and seal for any other purpose or use. DBA
shall not modify, revise or alter the Town's logo or seal in any way.
7. Insurance. DBA and any subcontractor who performs any work for DBA under
this Agreement shall maintain insurance throughout the term of this Agreement from
carriers acceptable to the Town with the following required minimum coverages and
limits:
Worker's Compensation:
Employer's Liability:
Commercial General Liability
Statutory
U.S. $100,000
U.S. $1,000,000 per occurrence
U.S. $2,000,000 aggregate
a. DBA shall deliver one or more certificates of insurance evidencing coverage as
described in this paragraph 7, including coverage required of any subcontractor, to
the Town upon execution of this Agreement and prior to commencing any activities
pursuant to this Agreement. DBA shall also deliver new certificates of insurance
each time the policy(s) is updated. All certificates shall be delivered to the Town's
Parks and Recreation Director.
b. The Town shall be named as an additional insured on the commercial general
liability insurance policies required by this paragraph 7. As an additional insured,
the Town shall be provided coverage for any liability arising out of operations per-
formed in whole or in part by or on behalf of DBA or any subcontractor. DBA shall
deliver additional insured endorsement(s) along with the certificate(s) of insurance
required by subparagraph (a) above. The additional insured endorsement form
identification number shall also be included within the description box on the certif-
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-3-
Marana Regular Council Meeting 11 /01 /2016 Page 22 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
icate of insurance and the applicable policy number shall be included on the en-
dorsement.
c. All policies required pursuant to this paragraph 7 shall be endorsed to contain
a waiver of transfer of rights of recovery (subrogation) against the Town, its agents,
officers, officials, and employees for any claims arising out of DBA's or any subcon-
tractor's work or service. Endorsements evidencing this waiver of subrogation shall
be provided to the Town along with all other insurance documentation required by
this Article.
d. The certificate(s) shall also stipulate that the insurance afforded DBA and any
subcontractor shall be primary insurance and that any insurance carried by the
Town, its agents, officials or employees shall be excess and not contributory insur-
ance to that provided by DBA or any subcontractor. Coverage provided by DBA and
any subcontractor shall be primary insurance with respect to all other available
sources.
e. The insurance requirements specified in this paragraph 7 may not be changed
or modified except by written agreement signed by both Parties.
f. DBA shall give the Town at least 30 calendar days' written notice prior to a
planned cancellation or reduction of any coverage required by this paragraph 7.
DBA shall give the Town immediate notice of any other cancellation or reduction of
any coverage required by this paragraph 7. Cancellation or reduction of any cover-
age required by this paragraph 7 is grounds for termination of this Agreement by
the Town.
8. Indemnification. DBA agrees to defend, save, hold harmless, and indemnify the
Town, its officials, employees, agents, successors, and assigns from and against any and
all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabili-
ties, damages, and other claims and demands of whatsoever nature or kind, in law or in
equity, in tort or in contract, or otherwise caused by or resulting from DBA's errors,
omissions, or negligent acts in the performance of services pursuant to this Agreement,
or the errors, omissions or negligent acts of any party DBA contracts with in the per-
formance of services pursuant to this Agreement, anyone directly or indirectly em-
ployed by DBA, or anyone for whose acts DBA may be liable.
9. Regulatory compliance and approvals. Each Party shall at its own expense comply
with all applicable federal, state and local laws, rules, and regulations in connection
with its obligations under this Agreement. As part of this obligation, DBA shall obtain
any and all permits required by the Town, the Northwest Fire District or any other
appropriate regulatory agency for its activities under this Agreement. In consideration
of the services to be performed by DBA under the terms of this Agreement, to the extent
legally permissible, the Town agrees to waive all Town of Marana review and permit
fees that DBA would normally be required to pay for DBA's activities pursuant to this
Agreement.
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-4-
Marana Regular Council Meeting 11 /01 /2016 Page 23 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
10. Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
If to the Town, to: TOWN OF MARANA
Attn: Parks and Recreation Director
11555 W. Civic Center Drive - Bldg A3
Marana, AZ 85653
If to DBA, to: DESERT BLUEGRASS ASSOCIATION
Attn: David Lanham
11120 E. Malpomene Circle
Tucson, Arizona 85749
11. Entire agreement. This Agreement constitutes the entire agreement and under-
standing of the Parties pertaining to the subject matter of the Agreement and super-
sedes all offers, negotiations, and other agreements of any kind. All prior and contem-
poraneous agreements, representations and understandings of the Parties, oral or writ-
ten, are superseded and merged in this Agreement.
12. Authority to execute agreement. The individuals executing this Agreement hereby
represent that they have full right, power, and authority to execute this Agreement on
behalf of their respective Parties.
13. Force majeure. Notwithstanding any other term, condition or provision of this
Agreement to the contrary, if any Party to this Agreement is precluded from satisfying
or fulfilling any duty or obligation imposed upon it due to labor strikes, material short-
ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other
events beyond the control of such Party, the time period provided herein for the per-
formance by such Party of such duty or obligation shall be extended for a period equal
to the delay occasioned by such events.
14. Immigration laws. DBA warrants that it will at all times comply with all federal
immigration laws and regulations that relate to its employees and with Arizona Revised
Statutes section (A.R.S. §) 23 -214 (A). DBA acknowledges that pursuant to
A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a material
breach of this Agreement subject to penalties up to and including termination of this
Agreement, and that the Town retains the legal right to inspect the papers of any em-
ployee who performs work or services pursuant to this Agreement to ensure compli-
ance with this warranty.
15. Israel boycott divestments. DBA certifies that it is not currently engaged in, and
agrees for the duration of this Agreement to not engage in, a boycott of Israel as defined
by A.R.S. § 35 -393.
16. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511,
which provides for termination in certain instances involving conflicts of interest.
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
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Marana Regular Council Meeting 11 /01 /2016 Page 24 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
17. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement
shall be entitled to recover from the other Party, in addition to any relief to which such
prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in-
curred in connection with that civil action.
18. Governing law. This Agreement shall be construed in accordance with the laws of
the State of Arizona.
19. Termination. Either Party may terminate its participation in this Agreement for
any reason upon at least 15 days' prior written notice to the other Party.
20. Miscellaneous.
a. This Agreement may not be modified except in a writing signed by both of the
Parties.
b. The captions and section numbers appearing in this Agreement are inserted
only as a matter of convenience, and do not define, limit, construe or describe the
scope or intent of such sections or articles of this Agreement.
c. This Agreement may be executed in multiple counterparts, each of which shall,
for all purposes, be deemed an original and all of which, taken together, shall consti-
tute one and the same agreement.
[SIGNATURE PAGE FOLLOWS]
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-6-
Marana Regular Council Meeting 11 /01 /2016 Page 25 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
IN WITNESS WHEREOF, the Parties have duly executed this instrument below.
The ""Town":
TOWN OF MARANA, an Arizona munici-
pal corporation
N OW
DESERT BLUEGRASS ASSOCIATION, an
Arizona non - profit corporation
Ed Honea, Mayor
Date:
ATTEST:
Town Clerk Date
APPROVED AS TO FORM:
Town Attorney Date
STATE OF
John David, President/ CEO
Date
Federal I.D. #
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
2016 by John David, President /CEO of DESERT BLUEGRASS
ASSOCIATION,, an Arizona non - profit corporation, on behalf of the corporation.
(Seal)
Notary Public
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
-7-
Marana Regular Council Meeting 11 /01 /2016 Page 26 of 90
EXHIBIT A To RESOLUTION No. 2016 -117
LIST OF EXHIBITS
Exhibit A: Scope of Work
Exhibit B: Form of Release and Indemnification Agreement
Exhibit C: Spreadsheet listing Town In -Kind Support and Assistance
00049239.DOC /1 2017 DBA MARANA BLUEGRASS FESTIVAL AGREEMENT
8
Marana Regular Council Meeting 11 /01 /2016 Page 27 of 90
EXHIBIT A
to
AGREEMENT BETWEEN TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION
2017 MARANA BLUEGRASS FESTIVAL
Desert Bluegrass Association — Scope of Work — 2017 Marana Bluetrass Festival
Perform and coordinate pre- Festival planning and Festival management activities to include:
• Direct Marana Bluegrass Festival Committee activities; select, organize and manage
Festival Committee, schedule and run meetings
• Festival Stage Management; provide a Master of Ceremonies, prepare, coordinate, and
manage performance schedule
• Contract Festival sound system provider with appropriate equipment and experience
amplifying acoustic music in an outdoor venue
• Select and contract headline performers, and provide payment for performers
• Design and produce 2017 Marana Bluegrass Festival Program, including performance
schedule, band bins, and Festival information
• Provide 2017 Marana Bluegrass Festival promotion; flyer distribution to regional
festivals and bluegrass organizations, media brochures and public service announcement
in Tucson, Phoenix, and Flagstaff markets
• Design and produce 2017 Marana Bluegrass Festival numbered tickets, posters, flyers,
and any other advertising material.
• Perform radio spot for KXCI community radio
• Maintain Marana Bluegrass Festival website www.maranafestival.com
• Coordinate and staff volunteer effort
• Collect Festival gate and vendor receipts; pay outstanding Festival accounts
• Provide vendors for food and crafts. A vendor list will provided to the Town of Marana
• Provide cash payment for Friday flatpick contest
• Provide volunteers to assist in stage sound setup
• Provide volunteers for festival operations for three day festival and to include set up and
tear -down
• Provide manpower for RV parking and placement
• Provide manpower for Workshops at Community Center
• Provide accounting of ticket sales, attendance, and post attendance reviews in a format
approved by the Town
• Provide signage for entrance to festival
00049241. DOCX /1
Marana Regular Council Meeting 11 /01 /2016 Page 28 of 90
EXHIBIT B
to
AGREEMENT BETWEEN TOWN OF MARANA AND DESERT BLUEGRASS ASSOCIATION
2017 MARANA BLUEGRASS FESTIVAL
Release and Indemnification Agreement In consideration of the acceptance of my Vendor
Application for the Marana Bluegrass Festival to be held April 28 -30, 2017, I do hereby, for
myself, my child /ren, my heirs, executors and assigns, release the Town of Marana (Town) and
Desert Bluegrass Association (DBA), and their respective agents, officials and employees from
liability for any harm, injury, or damage, which I, or my minor child /ren, may suffer while
participating in the above - described event. This includes all risks that are connected with the
event whether foreseen or unforeseen. Additionally, I agree to defend, save, hold harmless, and
indemnify the Town and DBA, and their respective officials, employees, agents, successors, and
assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes
or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or
kind, In law or In equity, in tort or in contract, or otherwise caused by or resulting from my
errors, omissions, or negligent or intentional acts in connection with the above - described event.
I am of lawful age and legally competent to execute this Agreement. I understand the terms of
this Agreement and have agreed to its terms as my own free act.
If I am acting on behalf of an organization, I certify that I am the agent of the organization, I am
acting on the organization's behalf, and I am duly authorized to execute this Release and
Indemnification Agreement on the organization's behalf.
By signing below, I acknowledge that I have read and agree to abide by all the terms, conditions,
rules and regulations outlined in the Vendor Application Form and that I have read and
understand the terms of this Release and Indemnification Agreement and agree that I shall be
bound by its terms and conditions.
Signature Printed Name Date
00049240. DOCX /1
Marana Regular Council Meeting 11 /01 /2016 Page 29 of 90
Cash Contribution
10x20 Canopies Rental event
EXHIBIT C
Tables event
20 $10.00 $200.00
Town of Marana In -Kind Support Cash Assistance to 2017
Marana Bluegrass
Festival
Resource
Unit
Unit Quantity
Unit Cost
Total
In -Kind Contribution
Event area
1 ea /day
3
$200.00
$600.00
Ball field
5 ea /day
15
$95.00
$1,425.00
Ramada
3 ea /day
9
$160.00
$1,440.00
Ramada large
1 ea /day
3
$192.00
$576.00
10X10 TOM Canopies
3 ea /day
9
$125.00
$1,125.00
Community Center
hour
12
$50.00
$600.00
Fencing for Festival
Per 100 Foot
9
$29.00
$261.00
Bonfire Wood
1 cord of wood
1
$225.00
$225.00
Mobile stage
event
1
$400.00
$400.00
Labor for stage
hour
36
$30.00
$1,080.00
Event Set -up
hour
48
$21.00
$1,008.00
Event custodial
hour
28
$21.00
$588.00
Event Tear -down
hour
24
$21.00
$504.00
Traffic Control Plan and Devices
$1,615.00
Administrative Support
hour
30
$28.00
$840.00
Total In -Kind Contribution
$12,287.00
Cash Contribution
10x20 Canopies Rental event
4 $155.00 $620.00
Tables event
20 $10.00 $200.00
Chairs event
100 $1.00 $100.00
Portable Restrooms event
$1,162.02
Total Cash Contribution
$2,082.02
Grand Total
$14,369.02
Marana Regular Council Meeting 11 /01 /2016 Page 30 of 90
N O 0 /
m - tn. A k
I.Y1
Council - Regular Meeting C3
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Libby Shelton, Senior Assistant Town Attorney
Date: November 1, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -118 Relating to Police Department; approving and authorizing
the Chief of Police to execute the State Plan of Operations Between the State of Arizona
and the Marana Police Department for participation in the U.S. Department of Defense
LESO Program (Libby Shelton)
Discussion:
The Secretary of Defense is authorized by 10 USC 2576a to transfer excess personal property of
the Department of Defense to state law enforcement agencies. The Secretary of
Defense determines which property is suitable for use in law enforcement activities, with
preferences for counter - drug /counter - terrorism or border security activities, as prescribed by the
Secretary of Defense. This program is also known as the "1033 Program" or the "LESO
Program."
The Governor of the State of Arizona has appointed an Arizona State Coordinator to implement
this program statewide as well as conduct management and oversight of this program. The
Arizona LESO program is a division of the Arizona Public Safety Procurement Program
(AZPSPP). The Marana Police Department desires to participate in the program so that it can
receive excess property from the Department of Defense for use in law enforcement activities.
The proposed State Plan of Operations sets forth the terms and conditions of the MPD's
participation in the Arizona LESO Program, including membership fees of $250 per year, annual
inventory requirements, program compliance reviews, and annual training, as well as other items.
Staff Recommendation:
Marana Regular Council Meeting 11 /01 /2016 Page 31 of 90
Staff recommends approval of the State Plan of Operations Between the State of Arizona and the
Marana Police Department.
Suggested Motion:
I move to adopt Resolution No. 2016 -118, approving and authorizing the Chief of Police to
execute the State Plan of Operations between the State of Arizona and the Marana Police
Department for participation in the U.S. Department of Defense LESO Program.
Attachments
Resolution No. 2016 -118
Exhibit A
Marana Regular Council Meeting 11 /01 /2016 Page 32 of 90
MARANA RESOLUTION NO. 2016-118
RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF
OF POLICE TO EXECUTE THE STATE PLAN OF OPERATIONS BETWEEN THE STATE
OF ARIZONA AND THE MARANA POLICE DEPARTMENT FOR PARTICIPATION IN
THE U.S. DEPARTMENT OF DEFENSE LESO PROGRAM.
WHEREAS the Secretary of Defense is authorized to transfer to state law enforcement
agencies suitable personal property that is in excess of the needs of the Department of Defense
and can be used by state law enforcement agencies, with preferences for counter- drug /counter-
terrorism or border security activities;
WHEREAS the Governor of Arizona has implemented this program statewide and the
Marana Police Department desires to participate in the program; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to enter into the State Plan of Operations Between the State of Arizona and the Ma-
rana Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, the State Plan of Operations Between the State of Arizona and the Mara -
na Police Department, attached to and incorporated by this reference in this resolution as Exhibit
A, is hereby approved and the Chief of Police is hereby 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 State Plan of Operations Between the State of Ari-
zona and the Marana Police Department.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 st day of November, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2016 -118
Marana Regular Council Meeting 11 /01 /2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
00049201.DOCX /1
Page 33 of 90
STATE PLAN OF OPERATIONS
BETWEEN THE STATE OF
ARIZONA
AND THE
I. PURPOSE
This State Plan of Operation (SPO) is entered into between the State of Arizona and the
L-) i: ZX� to set forth the terms and conditions which will be bindin
on the parties with respect to excess Department of Defense (DOD) personal propert
transferred pursuant to 10 USC § 2576a in order to promote the efficient and expeditious
transfer of propert and to ensure accountabilit of the same.
11. AUTHORITY
The Secretar of Defense is authorized b 10 USC § 25 7,6a to transfer to State Law
Enforcement A personal propert that is excess to the needs of the DOD and that the
Secretar determines is suitable to be used b such a in law enforcement activities, with
preferences for counter-dru / counter-terrorism or border securit activities, under such terms
prescribed b the Secretar The authorities g ranted to the Secretar of Defense have been
dele to the Defense Lo A (DLA) in determinin whether propert is suitable
for use b a in Law Enforcement Activities (LEAs). DLA defines law enforcement
activities as activities performed b g overnmental a whose primar function is the
enforcement of applicable Federal, State, and local laws and whose compensated law
enforcement officers have powers of arrest and apprehension. 'Phis pro is also known as
the "1 033 Pro or the "LESO Pro and is administered b DLA Disposition
Services, Law Enforcement Support Office ( LESO ) .
111. GENERAL TERMS AND CONDITIONS
A. OPERATIONAL AUTHORITY
The Governor of the State of Arizona has desi in writin Ser Matt Van Camp of the
Pa Police Department as the Arizona State Coordinator with an effective date of Ma 26"'
?0 to implement this pro statewide as well as conduct mana and oversi of this
pro Fundin / Bud to administer this pro is provided b the Town of Pa
Police Department. The Arizona LESO pro is a division of the Arizona Public Safet
Procurement Pro or the AZPSPP.
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Marana Re Council Meetin 11 /01 /2016 Pa 34 of 90
• Membership Fee: The AZPSPP ma institute a membership fee to cover administrative costs
associated with mana the LESO Pro The AZPSPP uses the DOD bud y ear of
October I thru September 30 as its y earl y c Membership fees are due after October I of the
current y ear. The AZPSPP currentl has a $250.00 per y ear membership fee for each
participatin a Membership fees can be sent to the Town of Pa LESO pro b
mail at 303 N Beeline Hw Pa AZ 85541 or paid with a credit card b callin the Town of
Pa Finance Department at 928-474-5242.
The provided fundin is used to support assistance to the LEAs with customer service to include
computer / telephone assistance and ph visits to the LEAs to assist with ac access to
the LESO Pro The staffin to provide the support to the LEAs within the State of Arizona is
as follows:
State Coordinator (SC): Ser Matt Van Camp, Pa Police Department
State Point of Contact (SPOC): Ms. Marie Davis, Pa Police Department
State Point of Contact (SPOC): Mr. Thomas Gaupel, Pinal Count Sheriff's Office
State Point of Contact (SPOC)-.
The followin is the facilit / ph location and business hours to provide customer service to
those LEAs currentl enrolled, as well as interested participants of the LESO Pro
A Address / Location: 303 N Beeline Hw Pa AZ 85541
EMAIL / Contact Phone Numbers:
S Matt Van Camp mvancamp, La pav social. gov 928-472-5060
Ms. Marie Davis azl 0' )3-l122 928-472-5091
Mr. Thomas Gaup el thomas. 928-866-5165
Fax Number: 928-474-4558
Hours of Operation-. Monda thru Frida 8:00 AM to 5:00 PM
B. The DLA LESO has final authorit to determine the t q uantit y , and location of excess
DOD personal propert suitable for law enforcement activities, if an which will be transferred to
the (LEA name) jn
C. This a creates no entitlement to the LEA to receive excess DOD personal propert
D. The (LEA name) M �A At;i Z--f ,< /3X 1AnA,,,,rpvm*--understands that propert made
avai 1able under this a is for the use of authorized pro participants onl Propert
ma not be obtained for an individual, or or a that has not been approved as a
participant in the LESO Pro All re for propert must be based on bona fide law
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enforcement re Propert will not be obtained b an authorized participant for the
purpose of sale, lease, loan, personal use, rent, exchan barter, transfer, or to secure a loan.
E. Controlled propert ( e q uipment ) includes an propert that has a demilitarization ( DEMIL )
Code of B, C, D, F, G, and Q ; and propert re of demilitarization code,, that was
specificall identified in the Law Enforcement E Workin Group Report from
Ma 2015, created pursuant to Executive Order 13688 ( EO ) . The Workin Group Report
mandates that the followin items be treated as controlled propert
1) Manned Aircraft, fixed or rotar win
2) Unmanned Aerial Vehicles
3 Wheeled Armored Vehicles
4) Wheeled Tactical Vehicles
5) Command and Control Vehicles
6) Specialized Firearms and Ammunition Under .50 Cal (excluded firearms and
ammunition for service-issued weapons)
7 Explosives and P
8 Breachin apparatus
9 Riot Batons
10 Riot Helmets
11 Riot Shields
F. LEAs that re items in Para E above must provide all re 'information outlined
in the Law Enforcement E Workin Group Report and all information on the LESO
re form. Amon other specific re identified in these documents, LEAs will be
re to certif and submit:
1 A detailed written justification with a clear and persuasive explanation of the need
for the propert and the law enforcement purposes it will serve
2) Evidence of approval or concurrence b the LEA's civilian g overnin g bod (cit
council, ma etc.)
3) The LEA's policies and protocols on deplo of this t of propert
4 Certifications on re trainin for use of this t of propert and
5 Information on whether the LEA has applied, or has pendin an application, for
this t of propert from another Federal a
G. The (LEA name) p lv�
�&A C, . must maintain and enf orce
p c .cAq
re desi to impose ade securit measures for controlled propert to miti the
risk of loss or theft.
H. Under no circumstances will controlled propert be sold or otherwise transferred to non-U.S.
persons, or exported. All transfers must be approved b the State and DLA Disposition Services
LESO.
I. Cannibalization re for controlled propert must be submitted in writin to the State,
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with final approval b the LESO. The LESO will consider cannibalization re on a case-
.
b -case basis.
J. The LESO conditionall transfers all excess DOD propert to States / LEAs enrolled in the
LESO Pro Title or ownership of controlled propert will remain with the LESO in
perpetuit and will not be relin to the LEAs. When the LEA no lon has le
law enforcement uses for controlled propert the LEA must notif the State, who will then notif
the LESO, and the controlled propert must either be transferred to another enrolled LEA ( via
standard transfer process) or returned to DLA Disposition Services for disposal. The LESO
reserves the ri to recall controlled and non-controlled propert issued throu the LESO
Pro at an time.
K. Propert with a DEMIL Code of "A" is also conditionall transferred to the LEA. However,,
after one y ear from the Ship Date, the LESO will relin ownership and title to the LEA. Prior
to this date, the State and LEA remains responsible for the accountabilit and ph control of
the item(s) and the LESO retains the ri to recall the propert Title will not be relin to
an propert with DEMIL Code of "A" that is controlled propert identified in Para III E.
1 Propert with DEMIL Code of "A" will automaticall be placed in an archived
status on the LEAs propert book upon meetin the one y ear mark.
2 Once archived, the propert is no lon subject to annual inventor
re and will not be inventoried durin a LESO Pro Compliance
Review (PCR).
3 Ownership and title of DEMIL "A" items that have been archived will pass
automaticall from the LESO to the LEA when the are archived at the one y ear
mark ( from Ship Date without issuance of an further documentation.
4) LEAs receive title and ownership of DEMIL "A" items as g overnmental entities.
Title and ownership of DEMIL "A" propert does not pass from DOD to an
private individual or LEA official in their private capacit Accordin such
propert should be maintained and ultimatel disposed of in accordance with
t g iftin g provisions in State and local law that g overn public propert Sales or g *ft*n g of
DEMIL "A" propert after the one y ear mark in a manner inconsistent with State
or local law ma constitute g rounds to den future participation in the LESO
Pro If the LEA's polic allows for disposal of DEMIL "A" propert b sale or
auction, all funds g enerated b the sale of DOD ac propert will be restricted f or the
LEA's use onl and cannot be transferred to the g eneral fund of that a g encies parent bud
DOD ac propert will be full utilized b the LEA prior to disposal and no DOD
propert will be ac to supplement the LEA's bud
L. The LEAs are not authorized to transfer controlled propert or DEMIL Code "A" propert
carried on their inventor without LESO notification and approval. Propert will not ph
move until the State and LESO approval process is complete.
IV. ENROLLMENT
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A. An LEA must have at least one full -time law enforcement officer in order to enroll and/or
receive propert via the LESO Pro Onl full-time and part-time law enforcement officers
are authorized to receive propert Reserve officers are not authorized to receive propert
B. The State shall:
1) Implement LESO Pro eli criteria in accordance with 10 USC § 2576a,
DLA Instructions and Manuals, and the DLA MOA the State si
2) Receive and process applications for participation from LEAs currentl
enrolled and those LEAs that wish to participate in the LESO Pro
3) Receive and recommend approval or disapprove LEA applications for
participation in the LESO Pro The State Coordinators have sole discretion
'I
to disapprove LEA applications on behalf of the Governor of their State. The
LESO should be notified of an applications disapproved at the State Coordinator
level. The State Coordinator will onl forward and recommend certified LEAs to
the LESO that are g overnment a whose primar function is the
enforcement of applicable Federal, State, and local laws and whose compensated
officers have the powers of arrest and apprehension. The LESO retains final
approval / disapproval authorit for all LEA applications forwarded b State
Coordinators.
4) Ensure LEAs enrolled in the LESO Pro update the LEAs account information
annuall ( accomplished durin the FY Ai-uival Inventor in the Federal Excess
Propert Mana Information S [ FEPMIS ]) .
5 Provide a comprehensive overview of the LESO Pro to all LEAs once the
are approved for enrollment. This comprehensive overview Must be done within
thirt (30) da and include, verbatim, the information contained in
Para III E of this SP O.
6) Ensure that screeners of propert are emplo of the LEA. Contractors ma
not conduct screenin on behalf of the LEA.
7) Ensure that at least one person per LEA maintains access to the FEPMIS.
Account holders must be emplo of the LEA.
V. ANNUAL INVENTORY REQUIREMENTS
A. Per the DLA Instructions and Manuals and the DLA MOA, each State and participatin LEA
Within, is re to conduct an annual inventor certification of controlled propert which
includes DEMIL "A" for one (1) y ear from Ship Date. Annual inventories start on October I of
each y ear and end Januar 31 of each y ear.
B. The State shall:
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1 Receive, validate, and reconcile incomin certified inventories from the LEAs.
2) Ensure LEAs provide serial numbers and photos identified durin the annual
inventor process for inclusion in the LESO propert accountin s for all
controlled propert identified in Para III E, small arms and other uni
items as re For e that does not contain a serial number, such as riot
control or breachin e a photo will suffice.
3 Suspend the LEA as a result of the LEAs failure to properl conduct and/or certif
and submit certified inventories, accordin to the aforementioned re
C. The LEA shall:
1 Complete the annual ph inventor as re
2 Provide serial numbers and photos identified in the annual inventor process for
inclusion in the LESO propert accountin s for all controlled propert
identified in Para III E, small arms and other uni items, as re For
e that does not contain serial number, such as riot control or breachin
e a photo will suffice.
3 Certif the accountabilit of all controlled propert received throu the LESO
Pro annuall b conductin and certif the ph inventor The LEA
must adhere to additional annual certification re as identified b the LESO.
a. The State and the LESO re each LEA to submit certified inventories
for their A b Januar 31 of each y ear. The Fiscal Year (FY) is
defined as October I throu September 30 of each y ear. This g ives the
LEA four (4) months to ph inventor LESO Pro propert in
their possession and submit their certified inventories to the State
Coordinators.
( 1 ) The LESO re a front or side and data plate photo for
Aircraft and Tactical Vehicles that are serial number controlled,
received throu the LESO Pro
(2) The LESO re serial number photos for each small arm
received throu the LESO Pro
b. The LEAs failure to submit the certified annual inventor b Januar 31 ma
result in the a bein suspended from operations within the LESO
Pro Further failure to submit the certified annual inventor ma result
in a LEA termination.
4 Be aware that Hi Profile Commodities ( Aircraft, Tactical Vehicles and Small
Arms) and Hi Awareness ( controlled) propert are subject to additional controls.
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VI. PROGRAM COMPLIANCE REVIEWS
A. The LESO conducts a Pro Compliance Review ( PCR ) for each State that is enrolled in
the LESO Pro ever two ( 2) y ears. The LESO reserves the ri to re an annual PCR,
or similar inspection on a more fre basis for an State. The LESO PCRs are performed in
order to ensure that State Coordinators, SPOCs and all LEAs within a State are compliant with the
terms and conditions of the LESO Pro as re b 10 USC § 2576a, DLA Instructions and
Manuals, and the DLA MOA si b the State.
1 If a State and/or LEA fails a PCR, the LESO will immediatel suspend their
operations and will subse issue corrective actions (with suspense dates)
to the State Coordinator, which will identif what is needed to rectif the
identified deficiencies within the State and/or LEA.
2 If a State and/or LEA fails to correct 'Identified deficiencies b the g iven suspense
dates, the LESO will move to terminate the LESO Pro operations within the
State and/or LEA.
B. The State shall:
1 Support the LESO PCR process b
a. Contactin LEAs selected for the PCR review via phone and/or email to
ensure the are aware of the PCR schedule and prepared for review.
b. Receivin inventor selection from the LESO. The LEA POCs shall g ather
the selected items in a centralized location to ensure that the LESO can
efficientl inventor the items.
c. Providin additional assistance to the LESO as re prior to and durin
the course of the PCR.
2) Conduct internal Pro Compliance Reviews of LEAs participatin in the LESO
Pro in order to ensure accountabilit pro compliance and validate annual
inventor submissions are accurate. The State Coordinator must ensure an internal
PCR of at least 5% of LEAs that have a propert book from the LESO Pro
within his / her State is completed annuall This ma result in a random review of
all or selected propert at the LEA.
a. The internal PCR will include, at minimum:
( 1) A review of each selected LEAs LESO Pro files.
( 2) A review of the si State Plan of Operation (SPO).
( 3 ) A review of the LEA application and screener's letter.
(4) A ph inventor of the LESO Pro propert at each
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selected LEA.
( 5 ) A specific review of each selected LEAs files for the followin
DD Form 1348 -1 A for each item currentl on inventor small arms
documentation., transfer documents, turn-in documents, inventor
ad documents, exception to polic letters ( if an approved
cannibalization re ( if an and other pertinent documentation as
re
b. The State and/or LEA will bear all expenses related to the repossession
and/or turn-in of LESO Pro propert to the nearest DLA Disposition
Services site.
VII, STATE PLAN OF OPERATION ( SPO )
A. The State shall:
1 identif establish, and issue minimum criteria to be included in the SPO for the
State and each participatin LEA.
2 Establish a State Plan of Operation, developed in accordance with Federal and
State law, and conformin (at minimum) to the provisions of the DLA Instruction
and Manuals and the DLA MOA.
a. The SPO will include detailed or and operational authorit
includin staffin bud facilities, and e q uipment that the State believes
is sufficient to mana the LESO Pro within their State.
b. The SPO must address procedures for makin determinations of LEA
eli allocation, and e distribution of material, accountabilit
and responsibilit concernin excess DOD personal propert inventor
re trainin and education, State-level internal Pro
Compliance Reviews ( PCR ) , and procedures for turn-in, transfer, and
disposal.
2) Enter into written a with each LEA, via the LESO approved State Plan of
Operation, to ensure the LEA full acknowled the terms, conditions, and
limitations applicable to propert transferred pursuant to this a The State
Plan of Operation must be si b the Chief Law Enforcement Official O LEO ) ,
or assi desi of the respective LEA, and the current State Coordinator.
3 Re that the LESO Suspend or Terminate an LEA(s) from the LESO Pro
when an LEA fails to compl with an term of DLA MOA, the DLA Instruction
8
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and Manuals, an Federal statute or re or the State Plan of Operation.
VIII, REPORTING REQUIREMENTS FOR LOST, MISSING, STOLEN, DAMAGED
OR DESTROYED LESO PROGRAM PROPERTY
A. All propert Lost, Missin Stolen, (LMS) dama or destro carried on a LEA's
current inventor must be reported to the LESO.
1) Controlled propert must be reported to the State and the LESO within twent
( 24 ) hours. The aforementioned propert ma re a police and National Crime
Information Center (NCIC) report submitted to the LESO, to include DEMIL "A"
items that are considered controlled items in Para III E.
2) Propert with a DEMIL Code of "A" must be reported to the State and the
LESO within seven (7) da
3 All reports are subject to review b the DLA Office of the Inspector General ( 01G ) .
B. LESO ma g rant extensions to the reportin re listed above on a case-b
basis.
IX. AIRCRAFT AND SMALL ARMS
A. All aircraft are considered controlled propert re of DEMIL Code. Aircraft ma
not be sold and must be returned to the LESO at the end of their useful life. This State Plan of
Operation ensures that all LEAs and all subse users are aware of and a to provide all
re controls and documentation in accordance with applicable laws and re for
these items.
B. LEAs no lon re small arms issued throu the LESO Pro must re
authorization to transfer or turn-in small arms. Transfers and turn-ins must be forwarded and
endorsed b the State Coordinator's office first, and then approved b the LESO. Small Arms
will not ph transfer until the approval process is complete.
C. Small Arms that are issued must have a documented chain of custod with the chain of
custod includin a si of the receivin officer indicatin that he / she has received the
appropriate small arm with the correct, specific serial number Small Arms that are issued
to an officer will be issued utilizin an E Custod Receipt ( ECR ) ; this Custod Receipt
obtains the si g nature of the officer responsible for the small arm.
X. RECORDS MANAGEMENT
The LESO, State Coordinator, and LEAs enrolled in the LESO Pro must maintain all records
in accordance with the DLA Records Schedule. Records for propert ac throu the LESO
Pro have retention controls based on the propert DEMIL Code. All documents
concernin a propert record must be retained.
1) Propert records for items with DEMIL Code of "A" must be retained for two (2)
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calendar y ears from ship date, and then ma be destro
2) Propert records for controlled propert must be retained for five (5) calendar y ears
or for the life span of the propert whichever is lon
3 Environmental Propert records must be retained for fift ( 50 ) y ears, re of
DEMIL Code (Chemicals, Batteries, Hazardous Material /Hazardous Waste).
4 LESO Pro files must be se from all other records.
5 All propert records must be filed, retained, and destro in accordance with DLA
Records Schedule. These records include, but are not limited to, the followin
DD Form 1348-1 A. re for transfer, turn-in, or disposal, approved Bureau of
Alcohol,, Tobacco, Firearms and Explosives (BATFE) Forms 10 and 5, Certificate of
Aircraft Re (AC Form 8050-3), Aircraft Re Application
(AC 8050-1) and an other pertinent documentation and/or records associated with
the LESO Pro
XI. LESO PROGRAM ANNUAL TRAINING
A. 10 USC § 380 provides that the Secretar of Defense, in cooperation with the U.S. Attorne
General, shall conduct an annual briefin of law enforcement personnel of each state. The briefin
will include information on trainin technical support, e and facilities that are available
to civilian law enforcement personnel from the Department of Defense.
B. The State shall or and conduct trainin pertainin to information, e technical
support and trainin available to LEAs via the LESO Pro
C. The State shall ensure at least one representative ( i.e. the State Coordinator or SPOC) attend
the annual trainin that the LESO conducts.
XII, PROPERTY ALLOCATION
A. The State Shall:
1 Provide the LESO website that will afford timel and accurate g uidance,
information, and links for all LEAs who work, or have an interest in, the LESO
Pro
2 Upon receipt of a valid State / LEA re l'or propert throu the DLA
Disposition Services RTD websitel, a preference will be g iven to those applications
indicatin that the transferred propert will be used in the counter -dru counter-
terrorism,, or border securit activities of the recipient a Additionally, to the
g reatest extent possible, the State will ensure fair and e distribution of
propert based on current LEAs inventor and J ustification for propert
3 The State and the LESO reserve the ri to deteriiiiiie and/or a allocation limits.
Generall no more than one of an item per officer will be allocated to an LEA.
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a
Quantit exceptions ma be g ranted on a case-b basis b the LESO.
Currentl the followin q uantit y limits appl
a. Small Arms: one (1) t for each q ualified officer, full-time / part-time-,
b. HMMWVs: one ( 1 ) vehicle for ever three ( 3 ) officers;
c. MRAPs: one ( 1 ) vehicle per LEA.
4 The State and the LESO reserve final authorit on determinin the approval and/or
disapproval for re of specific t and q uantities of excess DOD propert
B. The LEA shall;
1 Ensure an appropriate justification is submitted when re excess DOD
propert via the LESO Pro and will ensure LESO Pro propert will be
used for the law enforcement activit and for law enforcement purposes onl within
his / her State and a
2 When re propert provide a justification to the State and the LESO on how
the re for propert will be used in counter-dru counter-terrorism, or border
securit activities of the recipient a Additionall the LEA should be fair and
e when makin re based on current LEA inventor and the
justif cation for propert Generall no more than one of an item per officer will
be allocated.
3) Ensure screeners of propert are emplo of the LEA. Contractors ma not
conduct screenin on behalf of the LEA.
4 Obtain access to FEPMIS to ensure the propert book is properl maintained, to
include but not limited to transfers, turn-ins, and disposal re and to g enerate
these re at the LEA level and forward all approvals to the State for action.
5 Ensure at least one person per LEA maintains access to FEPMIS. FEPMIS account
holders must be emplo of the LEA.
XIII, PROGRAM SUSPENSION & TERMINATION
A. The State and LEA are re to abide b the terms and conditions of the DLA MOA in
order to maintain active status.
B. The State shall:
1 Suspend LEAs for a minimum of sixt (60) da in all situations relatin to the
suspected or actual abuse of LESO Pro propert or re and/or
repeated failure to meet the terms and conditions of the DLA MOA. Suspension
ma lead to TERMINATION.
2 The State and/or the LESO have final discretion on reinstatement re
Reinstatement to full participation from a suspension and/or termination is not
Version Ma 2016
Marana Re Council Meetin 11 /01 /2016 Pa 44 of 90
automatic.
3 In coordination with the LESO, issue corrective action g uidance to the LEA with
suspense dates to rectif issues and/or discrepancies that caused suspension and/or
termination.
4) Re the LEA to submit results re all completed police investi
and/or reports re lost, missin stolen and/or dama LESO Pro
propert to include the LEAs Corrective Action Plan ( CAP).
5 Suspend or terminate an LEA from the LESO Pro if an LEA fails to compl
with an term of the DLA MOA, the DLA Instruction and Manuals, an Federal
statute or re or the State Plan of Operation.
a. In the event of an LEA termination, the State Coordinator will make ever
attempt to transfer the LESO Pro propert of the terminated LEA to an
authorized State or LEA, as applicable, prior to re a turn-in of the
propert to the nearest DLA Disposition Services location.
b. In cases relatin to an LEA termination, the LEA will have ninet (90) da
to complete the transfer or turn -in of all LESO Pro propert in their
possession.
C. The LEA shall:
1 Notif the State Coordinator's office and initiate an investi into an
q uestionable activit or actions involvin LESO propert issued to the LEA that
comes to the attention of the CLEO, and is otherwise within the authorit of the
Governor / State to investi LEAs must understand that the State Coordinators,
actin on behalf of their Governor, ma revoke or terminate their concurrence for
LEA participation in the LESO Pro at an time, and for an reason.
2 Understand that the State ma suspend LEA(s) and/or LEA POC(s) from within their
State, based upon their findin durin internal Pro Compliance Reviews and/or
spot checks at the State level.
3) Initiate corrective action to rectif suspensions and/or terminations placed upon the
LEA for failure to meet the terms and conditions of the LESO Pro
4 Be re to complete and submit results re all completed police
investi and/or reports re lost, missin stolen and/or dama LESO
Pro propert The LEA must submit all documentation to the State and the
LESO upon receipt.
5 Provide documentation to the State and the LESO when actionable items are
rectified for the State and/or LEA(s).
6 The LEAs Chief Law Enforcement Official must re reinstatement as re
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via the State Coordinator or SPOC to full participation status at the conclusion of
a suspension period.
XIV. COSTS & FEES
All costs associated with the transportation., turn-in, transfer, repair, maintenance, insurance,
disposal, repossession or other expenses related to propert obtained throu the LESO Pro
is the sole responsibilit of the State and/or LEA.
XV. NOTICES
An notices, communications, or correspondence related to this a shall be provided b E-
ma il, I ice express service, or facsimile to the State Coordinators office
a , the United States Postal Service, I
or co DLA office. The LESO ma from time to time, make unilateral modifications or
amendments to the provisions of this SPO. Notice of these chan will be provided to State
Coordinators in writin Unless State Coordinators take immediate action to terminate this SPO
in accordance with Section XVIII,, such modifications or amendments will become bindin In
such cases, reasonable opportunit will, insofar as practicable, be afforded the State Coordinator
to conform chan affectin their operations.
XVI. ANTI-DISCRIMINATION
A. B si this SPO, or acceptin excess DOD personal propert under this SPO, the State
pled that it and each LEA a to compl with applicable provisions of the followin
national policies prohibitin discrimination.-
1 On the basis of race, color, or national ori in Title VI of the Civil Ri Act of
1964 (42 USC 2000d et se as implemented b DOD re 32 CR Part 195.
2 On the basis of a in the A Discrimination Act of 1975 ( 42 USC 6101, et se as
implemented b Department of Health and Human Services re g ulations in 45 CFR
Part 90.
3 On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-
112, as amended b the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29
USC 794 as implemented b Department of Justice re in 28 CFR Part 41
and DOD re at 32 CFR Part 56.
B. These elements are considered the minimum essential in for establishment of a
satisfactor business a between the State and the DOD.
XVII. INDEMNIFICATION CLAUSE
The State / LEA is re q uired to maintain ade q uate insurance to cover dama or injuries to
persons or propert relatin to the use of propert issued under the LESO pro Self-insurance
b the State / LEA is considered acceptable. The U.S. Government assumes no liabilit for
dama or injuries to an person(s) or propert arisin from the use of propert issued under the
LESO pro It is reco that State and local law g enerall y limit or preclude State
13
Version AP y, 2016 Marana Re Council Meetin 11 /01 /2016 g e 46 of 90
Coordinators / LEAs from a to open-ended indemnit provisions. However, to the extent
permitted b State and local laws, the State / LEA shall indemnif and hold the U.S. Government
harmless from an and all actions, claims, debts, demands, jud liabilities, cost, and
attorne fees arisin out of, claimed on account of, or in an manner predicated upon loss of, or
dama to propert and i n juries illness or disabilities to, or death of an and all persons
whatsoever, includin members of the g eneral public, or to the propert of an le or political
entit includin states, local and interstate bodies., in an manner caused b or contributed to b
the State / LEA, its a servants, emplo or an person subject to its control while the
propert is in the possession of, used b or subject to the control of the State / LEA, its a
servants, or emplo after the propert has been removed from U.S. Government control.
XV111. TERMINATION
A. This SPO ma be terminated b either part provided the other part receives thirt ( 30 ) da
notice in writin or as otherwise stipulated b Public Law.
B. The undersi State Coordinator and CLEO hereb a to compl with all provisions set
forth herein and acknowled that an violation of the terms and conditions of this SPO ma be
g rounds for immediate termination and possible le conse to include pursuit of criminal
prosecution if so warranted.
XIX. IN WITNESS THEREOF, the parties hereto have executed this a as of the last
date written below.
T / Print Chief Law Enforcement Official Narne
Chief Law Enforcement Official Si
Matt Van Camp
T / Print State Coordinator Name
State Coordinator Si
14
Marana Re Council Meetin 11 /01 /2016
Date (MM/DD/YYYY)
Date ( MM/DD/YYYY)
Version Ma 2016
Pa 47 of 90
N O 0 /
n.. - tn. A k
4 0
Council - Regular Meeting C4
Meeting Date: 11/0 1 /2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: November 1, 2016
Subject: Approval of Study Session Meeting Minutes from October 11, 2016 and
approval of Regular Council Meeting Minutes from October 18, 2016 (Jocelyn
C. Bronson)
Attachments
Draft Study Session Minutes 10/11/2016
Draft Regular Council Meeting Minutes 10/ 18/2016
Marana Regular Council Meeting 11 /01 /2016 Page 48 of 90
�pW N 0
1 7
9 MARANA 7
�R ►ZON�
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers October 11, 2016, at or after 6: 00 PM
Ed Honea Ma y or
Jon Post, Vice Mayor
David Bowen, Counc
Patti Comerford, Coul
Herb Kai, Council
Carol McGorray, Coui
Roxanne Ziegler, Coui
TUDY SE S S
4
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00
p.m. Town Clerk Bronson called roll. Vice Mayor Post and Council Member Kai were
excused. There was a quorum present.
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea
APPROVAL OF AGENDA. Motion by Council Member Bowen, second by Council Member
Ziegler to approve the agenda after moving item D3 before item D2. Passed unanimously 5 -0.
CALL TO THE PUBLIC. There were no speaker cards presented.
eAAW
DISCUSSION /DIRECTION /POSSIBLE ACTION
DI Presentation: Relating to Transportation; update regarding the Regional Transportation
Authority plan (Jocelyn C. Bronson). Ms. Bronson introduced Mindy Blake, outreach
coordinator for the Pima Association of Governments, who presented an overview of the
Regional Transportation Authority (RTA) board, citizen group and the funded projects over the
past ten years. Included in her presentation was a video of the various projects completed to
show how the RTA has kept its promise to provide transportation projects through the voter -
approved V2 cent sales tax in 2006.
October 11 2016 Study Session Minutes 1
Marana Regular Council Meeting 11 /01 /2016 Page 49 of 90
There are 35 special road projects in every community in Pima County, and she described the
public process for input into these projects. After the RTA board approved the plan, 200
presentations were taken to the community prior to the vote in May of 2006. She indicated that
road maintenance is not included in the current RTA plan. The V2 cent sales tax collected comes
to about $18 per month per household and does not include tax on prescription drugs or
groceries. During the first ten years of the plan, 755 projects were completed, including road
expansion, new roads, expanded transit service, intersection improvements, drainage
improvements, public art, enhanced safety features, new miles for bike lanes, sidewalks, bus
pull -outs and signalized pedestrian crossings.
Ms. Blake concluded her presentation with next steps. The effects of the 2008 recession are still
being felt. Sales tax collections are below projects. But in some cases, project costs have been
below estimates, and that has been good for the RTA cash flow. An example of that is the
Sunset Road project which came in at $8.3M, 30 percent below the estimate. To date the RTA
has invested more than $1 B across the region. The streetcar alone has generated $1 B in private
and public sector investment. She indicated that public trust has increased for the RTA due to
good management practices, transparency and oversight, and she urged citizens to attend any and
all public meetings and open houses to stay informed on projects. The RTA is aware of a $15B
funding gap over the next 30 years. Moving forward, a task force of community leaders and
private citizens is looking at funding options.
D2 Relating to Strategic Planning; discussion and direction regarding the fourth iteration of
the Marana Strategic Plan, including options for different approaches to the development
process. Gilbert Davidson presented this item and noted that the first Strategic Plan was crafted
in 2008 and adopted in 2009. A major overhaul of the plan is anticipated to be every two to two
and a half years. He outlined the major discussion points which are the Council Working Group
Process, Community Outreach and a new software platform.
The Working Group will discuss each focus area, review past initiatives, discuss future goals,
needs and strategies and then recommend new initiatives and modifications to ongoing
initiatives. The Council Members would comprise the two working groups and their work will
follow a timeline so that final Council review and approval would occur between February and
March 2017. The current plan is to roll this out during the 2017 State of the Town event
highlighting our plan for the future.
Working Group Support Teams would be comprised of staff assigned to each of the focus areas.
Community outreach would consist of gathering input from the Chamber of Commerce, the
Marana Citizens' Forum, the Planning Commission and through an online survey generated
through social media.
The third major discussion point is the software component called Envisio. Envisio is a cloud -
based strategy execution software with performance management and reporting features to align
strategy and operations, unite teams, monitor progress and save time with automated reporting.
Once we have a dashboard, this software program will be able to show progress on initiatives
which we can publish online and in our monthly executive reports. Mr. Davidson believes this
takes our Plan to the next level of evolution. The Envisio software is available on a tiered basis
October 11, 2016 Study Session Minutes 2
Marana Regular Council Meeting 11 /01 /2016 Page 50 of 90
depending on the number of users. The base price is about $5,000 for 20 users, which is
sufficient access for this project. Council Member Ziegler made a motion to accept the
presentation by the Town Manager as set forth for Strategic Plan IV. Seconded by Council
Member Bowen. Passed unanimously 5-0.
D3 Relating to Real Estate; discussion and direction to staff regarding requests for use of
public right -of -way for telecommunications and radio frequency transport purposes, including
pending requests by Mobilitie, LLC for a license to use public right -of -way for these purposes
and for conditional use permits to install new utility poles and equipment associated with a small
cell distributed antenna system.
Frank Cassidy began by noting that currently there is no policy that addresses the application
of Mobilitie. The question is to what extent we want to allow new antennae for
telecommunication equipment in our public rights of way. Adam Brixius, Permitting Manager
for Mobilitie Company, has a presentation to show you what these facilities look like and what
they do. Currently, Mobilitie is installing equipment for Sprint across the country. Cynthia
Ross is also here to answer questions about next steps. The two next steps mentioned in the item
title are what would come back to you, which is a license, and assuming there is a willingness to
allow this type of thing, conditional use permits for the individual antennas.
Adam Brixius began with an overview of the Mobilitie organization and what they hope to
accomplish. Mobilitie operates several wireless applications — small cells, mega event centers,
traditional wireless communication facilities which could be palm trees, steel poles, Wi -Fi
systems, and underground fiber. Their customers are wireless providers and public safety
venues. His presentation will focus on the utility application in Marana and Pima County.
Mobilitie is a public utility in Arizona with access in 50 states and three territories. The biggest
reason for this project is to minimize gaps in the coverage for communication ports, data,
networks, fiber, wireless or a combination of both. He then gave descriptions of the poles and
the six active site locations in Marana. Council Member Bowen asked how Mobilitie operates
in conjunction with wireless service carriers. Mr. Brixius noted that Mobilitie doesn't own any
license issued by the FCC. Their customers operate under FCC licenses. Mobilitie would provide
the backbone infrastructure from their larger structures whether that be fiber networks or
wireless transport. These facilities are ready to be built as soon as they are permitted. They are
being permitted successfully on air nationwide.
Mr. Cassidy again noted that there is no policy for having the small cells. The desire, which has
never been allowed up until now, is to go into the rights -of -way. This year the legislature added
a statute that strongly recommends that municipalities at least allow the kind of unit, which are
generally about 42 inches on top of an existing pole. In his opinion, the legislation does not
require Council to allow a new pole, but where you have existing poles, and a pole owner willing
to allow an attachment, it does seem to permit that sort of use of the right -of -way. Municipalities
are required to allow a telecom such as cable through the right -of -way. We have that in several
places, so that is not the policy question in front of Council tonight. We have never had a cable
go to the antenna that is in the right -of -way, and that is the new direction that is being presented
by this. So the questions for Council are, in a desire for greater coverage throughout Marana,
would you be okay with a standalone pole that Mobilitie puts in the right -of -way. He further
October 11, 2016 Study Session Minutes 3
Marana Regular Council Meeting 11 /01 /2016 Page 51 of 90
noted that the Town Engineer has informed Mobilitie that he wants only steel poles in the right -
of -way, and would Council be okay with steel standalone poles in the existing right -of -way or
would you not want any poles in the right -of -way and rather, have attachments to existing poles,
or to not have any poles in the right -of -way. Once you make the policy, you will have to treat all
telecoms equally. Mobilitie is just the first one to ask. With the co- location requirements of
federal law, once there is a pole there, if somebody else wants to co- locate on it, what starts out
as a 75 -foot pole could end up being more than that under the co- location requirements; and
there is not much the town can do about that. Short of a policy, these requests will be coming
individually to Council. Council Member Bowen asked if Council could impose restrictions on
the number of poles in a given area as long as it applies to everyone equally. Mr. Cassidy
responded that that could be done, ideally by ordinance. According to the consultant he spoke
to, the other thing that can be done is that Council could allow new utility poles only in areas
where there isn't a strong undergrounding situation. Council Member McGorray noted that it is
very hard to work with poles and we should keep in mind, especially in residential areas, that
poles often don't stay the way they start. Council Member Comerford expressed some
concerns and thought it would be helpful to look further at municipalities who have gone through
this and get their feedback. She also asked about liability for the pole owner. Mr. Cassidy noted
that in Los Angeles, the approach has been to attach to the existing poles for better cell coverage.
If Council feels strongly tonight that they do not want any new poles, he would pull this item
from next week's agenda because that license is for two locations where there currently aren't
poles. Council Member Comerford indicated her support for technology, but with this
legislation being so new, any place where you can add to an existing pole makes sense. Council
Member Ziegler agreed with Council Member Comerford that using existing poles makes sense
and should also be optically pleasing. Without a policy is sounds like a conditional use permit
(CUP) will be required for every potential new cell pole. Mr. Cassidy agreed and elaborated on
the conditional use process. If Council goes in the direction of just attaching to existing poles,
that will not require a CUP because that's more of a minor condition to existing verticality.
Going back to the discussion of the ugly poles, one of the presentations that Mobilitie has made
to staff is that moving to the use of more smaller poles is to get away from the gigantic carrier
poles. Council Member Ziegler asked about the cost to the Town. Mr. Cassidy responded that
the carrier has to pay for the costs associated with the poles. There is a provision in state law that
allows us to charge for linear footage use of right -of -way for telecom, although historically, we
have not done that. If we were to adopt something like that, we would have to apply it
everywhere. One of the things Mobilitie is talking about doing is not actually put the lines in the
ground but rather having the connection fed back to the central hub of the communication
through microwave. The trouble with that is as a general rule, the microwave is line of sight, so
you need to stay away from trees and be a little higher than underground wiring.
Mayor Honea noted that he didn't think this was allowed anywhere in Pima County right now.
Mr. Cassidy noted that Mobilitie is already talking to the other communities, but they have not
yet been approved. Pima County does have a few wireless facilities in the right -of -way. Mayor
Honea expressed some concerns regarding what could be a proliferation of poles in the right -of-
way. He would be less opposed to attaching to existing utility poles. He is also concerned about
making a decision too quickly without further study. He suggested sending the item back to the
town staff for additional research on the concerns raised tonight before establishing a policy.
October 11, 2016 Study Session Minutes 4
Marana Regular Council Meeting 11 /01 /2016 Page 52 of 90
Council Member Bowen asked Mr. Brixius if the extensions on the single poles with radios are
dedicated to only one carrier or can they accommodate multiple carriers. Mr. Brixius stated that
the poles can be structurally sound to accommodate two and adjusted to possibly three. Some of
the poles are only 30 feet in height, so there would have to be an extension or a replacement pole
if there was not to be an extension next to it. Council Member Ziegler asked under what
circumstances the issue of poles could come back to Council. Mr. Brixius indicated that the
CUP can dictate height, but a typical extension of the pole would be an administrative approval
in most cases, done by the Planning Director. Mr. Cassidy also interjected that under federal
law, municipalities would have difficulty turning down a co- location pole. Discussion continued
among Council and staff until Council Member Bowen made a motion to direct staff to take the
input raised by Council tonight and come back with some recommendations for further
discussion before approving a formal policy. Council Member Ziegler raised the question of
whether staff provided input for tonight's presentation and whether they should have. Mr.
Cassidy indicated that he did not. Although at the time of the license, he would need to make a
proposed motion, and at that point he would have to. Mayor Honea asked for a second to
Council Member Bowen's motion, so that discussion can continue. Council Member
Comerford seconded the motion. Part of the reason for Mr. Cassidy not making a
recommendation was that there could be construed a fine line between a recommendation and
making policy, which is the point Council Member Ziegler indicated she was trying to make.
Discussion continued. Mr. Cassidy said that he would not bring any further licenses forward
until a policy was established by Council. In fact, bringing this item back next week would be
too soon. Mayor Honea asked for a vote on the motion. Motion passed 4 -0 with Council
Member Ziegler voting nay. Council Member Ziegler explained her position.
D4 Relating to Commerce; discussion, direction and possible action regarding the proposed
Ina Corridor Business Support Program, which is intended to aid businesses in several ways as
the Ina /I -10 interchange is reconstructed. Tony Hunter presented a program that staff has been
working on for the past few months in preparation of the I -10 /Ina Road construction. It is called
the Ina Corridor Business Support Program. The program consists of outreach to the
businesses using promotional signs, a mobile application, and a sign code revision. The town
will collaborate with the Chamber of Commerce to visit businesses and provide information
regarding the program. Also anticipated is a direct mail campaign with contact and project
information. Mr. Hunter also introduced the promotion signage called "Ina Businesses Are
Open." Signage would be strategically placed along Ina /Thornydale and Ina /Oldfather. Corridor
signs will be 8 -9 feet high, one of which will project a cross - section of the completed Ina
intersection. The other sign says "Eat, Shop, Play, Stay." The smaller signs are in the 5 -6 foot
range and placed in a cascading fashion to culminate at the larger monument signs. He also
showed a rendering of the mobile app which will list the Ina Corridor businesses, twitter -feed of
Ina Road deals, sales and other specials, a map of the Ina Corridor area, links to important
resources and push notifications for important alerts. Council Member Comerford asked if
print media for weekly maps could also be used to help those without access to mobile
technology. Mr. Hunter indicated that he would definitely confer with the communications and
marketing team on that.
Ryan Mahoney discussed the sign code revision. Since this is probably not the only construction
project we will have on this scale, it seemed like a good time to make revisions to the sign code
October 11, 2016 Study Session Minutes 5
Marana Regular Council Meeting 11 /01 /2016 Page 53 of 90
which staff will be bringing back to Council in November; it is scheduled for Planning
Commission at the end of this month. The revision will add a new component to the sign code to
allow temporary banner signs to stay up on private property for the duration of the construction
program. A business would get a sign permit just so we know that they are out there. Staff is
working with ADOT to delineate just where their rights -of -way are, and we expect some
cooperation with them on signs that we can place in their rights -of -way. Allowed would be one
sign per 40 square feet of street frontage to maintain some reasonable visibility.
Council Member Bowen brought up the fact that in regard to Eat, Shop, Play and Stay, there are
a lot of vehicle service businesses along Ina. How will they be represented? Mr. Mahoney
indicated that he and Mr. Hunter have had that conversation, and staff is in the process of
brainstorming another word to incorporate or conjure up a vehicle — something simple. He will
default to the staff in communications on that. Council Member Comerford made a motion to
approve the Ina Road Corridor Business Support Program concept and direct staff to bring
back to Council action plans to create a construction zone temporary banner signage
program. Motion seconded by Council Member McGorray. Passed unanimously 5-0.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT. Motion to adjourn at 7:58 p.m. by Council Member Bowen, second by
Council Member McGorray. Passed unanimously 5 -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 October 11, 2016. I further
certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
October 11 2016 Study Session Minutes 6
Marana Regular Council Meeting 11 /01 /2016 Page 54 of 90
1 7
� MARANA �
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, October 18, 2016, at or after 7:00 PM
NI
�'
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Membc
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING V
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02
p.m. Town Clerk Bronson called roll. Vice Mayor Post and Council Members Bowen and Kai
were excused. There was a quorum present. '0
PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor
Honea
I l ub - ,1 1a 11 '' I
APPROVAL OF AGENDA. Motion to approve by Council Member Carol McGorray, second
by Council Member Ziegler. Passed 4 -0.
AW
CALL TO THE PUBLIC# 11F
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. Pursuant to
the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of
October 18, 2016 Regular Council Meeting Minutes 1
Marana Regular Council Meeting 11 /01 /2016 Page 55 of 90
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.
David Morales spoke on behalf of VFW Post 5992, housed on E1 Tiro Road. He requested
Council to consider placing directional signs from the Interstate to their building. He will also be
asking Supervisor Sharon Bronson for two additional signs for the county right of way.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member Ziegler reported on the Missing in American project held last Saturday at the Veterans'
Cemetery, the Cotton Festival where she was a guest of DAV Chapter 4; and the Silverbell
Military Heliport event. Mayor Honea also reported on the Cotton Festival and commended
staff for putting on a great family event.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Gilbert Davidson
thanked the many teams who worked to put on the great Cotton Festival event. He heard very
positive feedback. The next event will be the El Tour start -up for the Marana segment, starting
at the Heritage Park; then the Holiday Tree Lighting will cap off the year.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Council Member Ziegler, second by Council
Member McGorray. Passed 4 -0.
C1 Resolution No. 2016 -106: Relating to Police Department; approving and authorizing the
Chief of Police and the Town Manager to execute Governor's Officer of Highway Safety
(GOHS) Contract Numbers 2017 -405d -017, 2017 -PT -028, and DUTAGE -077 between the State
of Arizona by and through GOHS and the Town of Marana for grant funding for Driving Under
the Influence (DUI) and Speed enforcement and DUI Warrant enforcement (Lisa Shafer)
C2 Resolution No. 2016 -107: Relating to Development; approving a preliminary plat for
Saguaro Bloom Block 3 Lots 1 -141 and Common Area A (Open Space, Recreation, Public
Utilities, Road Maintenance & Signage) and Common Area B (Open Space, Drainage,
Recreation, Public Utilities, Road Maintenance & Signage) located at the northeast corner of
Twin Peaks Road and Saguaro Highlands Drive (Steven Vasquez)
C3 Resolution No. 2016 -108: Relating to Utilities; approving and authorizing the Mayor to
execute aone -year extension of the intergovernmental agreement between the Town of Marana
and Pima County for provision of water consumption data and sewer user account billing
services (John Kmiec)
C4 Resolution No. 2016 -109: Relating to Utilities; approving and authorizing the Mayor to
sign a Water Service and Settlement Agreement with Jay E. Reyher &Janice D. Reyher (Frank
Cassidy)
October 18, 2016 Regular Council Meeting Minutes 2
Marana Regular Council Meeting 11 /01 /2016 Page 56 of 90
C5 Resolution No. 2016 -110 Relating to Development; approving a preliminary plat for
Camino de Oeste Lots 1 -144 and Common Areas 'A' & 'B', located a quarter mile north of
Cortaro Farms Road, bordered by Hartman Lane and Camino de Oeste (Steve Cheslak)
C6 Resolution No. 2016 -111: Relating to Purchasing; waiving bid procedures for the
purchase of a used semi - tractor trailer or similar vehicle and authorizing the Finance and
Purchasing Director to proceed with a modified competitive procurement process (Erik
Montague)
C7 Approval of Regular Council Meeting Minutes from October 4, 2016 (Jocelyn C.
Bronson)
LIQUOR LICENSES
L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding an Acquisition of Control, Series #10 Beer and Wine Store
liquor license application submitted by Troy Charles Devos on behalf of QuikTrip #1456,
located at 5565 W. Cortaro Farms Road, Tucson, Arizona 85742. (Jocelyn C. Bronson). Ms.
Bronson noted that the application had been properly reviewed by staff and that no protests had
been received. Staff recommended approval. Motion t, by Council Member Ziegler,
second by Council Member McGorray. Passed 4 -0.
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor
Licenses and Control regarding a special event liquor license application submitted by Ed
Stolmaker on behalf of the Marana Chamber of Commerce for Town of Marana Big Green Event
to be held on November 5, 2016. (Jocelyn C. Bronson). Ms. Bronson noted that the application
had been properly reviewed by staff and that staff recommended approval. Motion to approve
by Council Member McGorray, second by Council Member Ziegler. Passed 4 -0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2016 -112: Relating to Development; approving and authorizing the
Mayor to sign a First Amendment to Sanders Grove Development Agreement for approximately
845 acres of land located north of Marana Road between Sanders Road and Wentz Road (Frank
Cassidy). Mr. Cassidy noted that in 2005 we had the original Sanders Grove with the original
Sanders Grove Specific Plan for approval. In 2015, the Sanders Grove Specific Plan was
amended, and it called for amending the development agreement. Between 2005 and 2015,
Council adopted a resolution changing the alignment of Marana Road, and that road alignment
carried into some of these development agreements along Marana Road including Sanders
Grove. That, along with a couple of other conditions to update development in Sanders Grove
really made it necessary to update the development agreement. Motion to approve by Council
Member McGorray, second by Council Member Ziegler. Passed 4 -0.
A2 Resolution No. 2016 -113: Relating to Development; approving and authorizing the
Mayor to execute a First Amendment to Marana Cemetery Development Agreement between the
October 18, 2016 Regular Council Meeting Minutes 3
Marana Regular Council Meeting 11 /01 /2016 Page 57 of 90
Town of Marana and Marana Mortuary & Cemetery Properties, L.L.C. (Jane Fairall). Ms.
Fairall noted that in 2009 the town entered into a development agreement with the Marana
Mortuary & Cemetery. As part of that development agreement, there was an agreement
regarding the future construction of Tangerine Farms Road. There were two main components
to that. One was that the cemetery would donate a certain amount of property to the town for the
future road, and the other was a financial contribution of approximately $360K. The developer
did dedicate the property that was needed and required under the agreement. However, the
financial contribution didn't take place. The town didn't build Tangerine Farms Road and
currently has no plans to do so. What is proposed tonight is an amendment to the 2009
development agreement that would relieve the developer of that monetary obligation at this
point. There are provisions in the development agreement amendment that the developer agrees
if the town decides to do an improvement district for the area that they will not object and will
pay their fair share pursuant to the improvement district. Motion to approve by Council
Member Ziegler, second by Council Member McGorray. Passed 4 -0.
A3 Resolution No. 2016 -114 Relating to Public Works; approving and authorizing the
Mayor to sign an Acquisition Agreement & Administrative Settlement and the Town Engineer to
execute all other documentation necessary for the purchase of property rights needed from La
Cholla Tangerine, LLC for Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada
Drive, Town of Marana Project No. ST021 (Frank Cassidy). Mr. Cassidy noted that is a
settlement agreement for the Tangerine corridor which is on the regular agenda and also a related
executive session item on this one so that he can explain why staff reached the numbers they did,
but the entire agreement is provided in the backup materials. This is for the property that is at
the southeast corner of La Cholla Boulevard and Tangerine — a vacant parcel of property.
Motion to approve by Council Member Ziegler, second by Council Member Comerford.
Passed 4 -0.
A4 Resolution No. 2016 -115 Relating to Administration; approving the transfer of up to
$35,000 in budgeted expenditure authority from the General Fund contingency line item in the
fiscal year 2016 -2017 budget to the Technology Services capital equipment and software
maintenance accounts for expenses related to video streaming of Town Council meetings (Erik
Montague). Mr. Davidson noted that this item was related to a previous study session whereby
Council directed the authorization to purchase web service cameras, and this is part of that
request. This item is moving money out of contingency which was not budgeted as a line item
for this year into the capital services budget so that they are able to go forward with the
acquisition. We are still anticipating January for this equipment to be installed and operational in
2017. Motion to approve by Council Member Ziegler, second by Council Member McGorray.
Passed 4 -0.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
Relating to Legislation and Government Actions; discussion and possible action regarding all
pending state, federal, and local legislation/government actions and on recent and upcoming
meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
October 18, 2016 Regular Council Meeting Minutes 4
Marana Regular Council Meeting 11 /01 /2016 Page 58 of 90
Mr. Cassidy noted that there is an executive session for item E3, but that can be discussed in
public session, and Council can authorize acceptance without going into executive session.
Town Clerk Bronson read the item E3 into the record. Mr. Cassidy continued that basically,
the town filed a condemnation case, like all the condemnation cases where we are not able to
negotiate. We have received an offer of judgment in one of those cases, which means that the
property owner said that "if you'll settle for this, we're done." That settlement is at the same
price per square foot that we settled for the property next door. So Mr. Cassidy is asking Council
to authorize staff to accept the offer of settlement. Mr. Cassidy would be happy to offer the
particulars of the offer in executive session. Motion to authorize staff to accept the offer of
settlement as stated by Mr. Cassidy, second by Council Member Ziegler. Passed unanimously.
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) and (7) to discuss with the
Town's attorneys and representatives the terms of a proposed purchase of Tangerine Road right-
of -way from La Cholla Tangerine LLC (this item relates to and should occur, if at all, before
Council Action A3 on tonight's agenda)
E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to discuss with and instruct the
Town's attorneys regarding an offer of judgment in the pending Tangerine Road right -of -way
condemnation lawsuit entitled Town of Oro Valley v Hinsdale and Roof, Pima County Superior
Court case number C20164058.
FUTURE AGENDA ITEMS ,
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT. Motion to adjourn at 7:24 p.m. by Council Member Ziegler, second by
Council Member McGorray. Passed unanimously 4 -0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on October 18, 2016. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
October 18, 2016 Regular Council Meeting Minutes 5
Marana Regular Council Meeting 11 /01 /2016 Page 59 of 90
N O 0 /
m - tn. A k
4 0
Council - Regular Meeting L1
Meeting Date: 11/0 1 /2016
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: November 1, 2016
Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding a New License Series # 12 Restaurant
liquor license application submitted by Rong Yun Zheng on behalf of New
Town Buffet located at 8500 N. Cracker Barrel Road, Marana, Arizona 85743
(Jocelyn C. Bronson)
Discussion:
This application is for a Series #12 Restaurant liquor license at New Town Buffet located at 8500
N. Cracker Barrel Road, Marana, Arizona 85743.
Pursuant to state law, the application was posted at the premises where the business is to be
conducted. The posted notice provided that residents within a one mile radius from the premises
may file written arguments in favor of or opposed to the issuance of the license with the Town
Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's
Office for or against the proposed liquor license are attached to this item and will be submitted to
the Department of Liquor Licenses and Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in compliance with
zoning, building and other legal requirements for the business. Additionally, the Marana Police
Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the application
within 60 days after filing of the application. Pursuant to state statute, a license will only be
issued after a satisfactory showing of the capability, qualifications and reliability of the applicant
and "in all proceedings before the town council, the applicant bears the burden of showing that the
public convenience requires and that the best interests of the community will be substantially
served by the issuance of a license."
Marana Regular Council Meeting 11 /01 /2016 Page 60 of 90
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 License Series # 12 Restaurant liquor license application submitted by Rong Yun Zheng on
behalf of New Town Buffet located at 8500 N. Cracker Barrel Road, Marana, Arizona 85743.
OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a
New License Series # 12 Restaurant liquor license application submitted by Rong Yun Zheng on
behalf of New Town Buffet located at 8500 N. Cracker Barrel Road, Marana, Arizona 85743.
Attachments
Application
Affidavit of Posting
Local Governing Body Recommendation
DLLC Descriptions of Common Types of Liquor Licenses
Marana Regular Council Meeting 11 /01 /2016 Page 61 of 90
COPY
Z,L 0�,/ & - 14;�,
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542 -5141
Application for Liquor license
Tvbe or Print with Black Ink
APPLICATION FEE AND INTERIM PERMIT FEES lF APPLICABLE ARE NOT REFUNDABLE
A service fee of L25 will be charged for all dishonored Checks A.R.S. § 44 - 6852
SECTION 1 This application is for a:
MInterim Permit (Complete Section 5)
New License (Complete Sections 2, 3, 4, 13, 14, 15, 16)
[Person Transfer (Complete Section 2, 3, 4, 12, 13, 14, 16)
Elocation'
Transfer (Bars and Liquor Stores only)
(Complete Section 2, 3, 4, 11, 13, 14, 16)
]Probate/ Will Assignment/ Divorce Decree
(Complete Sections 2, 3, 4, 9, 13, 14, 16)
(Fee not required)
[]Government (Complete Sections 2, 3, 4, 10, 13, 16)
0 Seasonal
RECEIVEDdP
OCT O4 2016
Town of Marana
Clerk's Office
SEC110N 2 Type of Ownership:
0-I.T.W.R.O.S. (Complete Section 6)
01ndiVidual (Complete Section 6)
OPartnership (Complete Section 6)
Corporation (Complete Section 7)
OLimited Liability Co (Complete Section 7)
❑Club (Complete Section 8) ;;; - `s,
DGovernment (Complete Section 10) .
Trust (Complete Section 6)
Tribe (Complete Section 6)
Other (Explain)
SECTION 3 Type of license
1. Type of License:
LICENSE # 1���°l"� (4
SECTION 4 Applicants
1. individual Owner/Agent's Name. ��
Last First Middle
2. owner Name: - L...
(Ownership name for type of ownership checked on section 2)
3. Business Name: L
(Exactly as it appears on the exterior of premises)
4. Business Location Address: cC> t-J o C--" ,a, � �`v . -�- "�.- .`�,�- �� °~ ' 5
(Do not use Po Box) Street City State Zi Code County
5. Mailing Address: � • . , . , A _t - X� �
(All correspondence will be mailed to this address) Street City State Zip Code
-- -- - Daytime Contact Phone: �~ 4 q
6. Business Phone: L
7. Email Address:
8. Is the Business located within the incorporated limits of the above city or town ?�esC]No
9. Does the Business location address have a street address for a City or Town but is actually in the boundaries
of another City, Town or Tribal Reservation? OYeskV4o r
If yes, what City, Town or Tribal Reservation is this Business located in:
10. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) $
•
De par ment Use Only 00 C) C) Fees:
Application Interim Permit Site Inspection Finger Prink Total of A Fees
Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? es E7 No
Accepted by. Date.
License # V` 3 kun LA 10(o
�d
i e.tie .
.%
�1_j -/--- _A,
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SECTION 5 Interim Permit
. 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 location: t� t 0 39 IS
2. Is the license currently in use? Yes O No If no, how long has it been out of use?
Attach a copy of the license currently issued at this location to this application.
l ti 4r -.� NT OWNER
declare that I am the C E , AGENT, OR CONTROLLING PERSON on
}
(Print F t the stated license and I c Lion.
X State of - County of
(Signature of CURRENT lddiVlaual owner /Agent) The forego instrument was acknowledged before me this
M commission exp ires
4- ► �- 27
My
Date Month Year
CW IQ
KEVIN A. KRAMBER Signature of NOTARY P UBLIC
PIMACOUICY
SECTION 6 Individual, Partnership, J.T.W.R.O.S, Trust, Tribe Ownerships
EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE CH
CARD.
Individual
I nV1 First Middle %Owned Mailing Address C' ty State Z ip Code
Is any person other than above, going to share in profit /losses of the busin s? E]Yes [] No
If Yes, give name, current address, and telephone number of person . Use additional sheets if necessary.
Last First Middle Mailing Address Ci state Zip Cade P
Partnership
Name of Partnership - ...
■
■
Elm
First / Middle %gowned Mailing Address
State rD Code
J.LW.R.O.S (=..O.S: r
Name of J.T.
nt with Rights of Survivorship)
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SECTION 6 - continued
TRUST
Name of Trust:
SECTION 7 Corporations/ Limited Liability Co
EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANIrTYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH
CARD.
Corporation Complete Questions 1, 2, 3, 4, 5, 6, and 7
L.L.C. Complete Questions 1, 2,3,,4.. 5, 6, and 7
1. Name of Corp oration/ L.L.C: fi-' �- `'`-- '-� :-, ` " r--a C
9_ Date In corporated /organized: c�� 0$ / -Z_�a t. Lp State where Incorporated /organized: Z'
3. AZ Corporation or AZ L.L.0 File No: --- % 2 -- t "- 1
4. Is Corp /L.L.C. Non Profit ?0 Yes$No
5. List Directors, officers, Members in Corporation/L.L.C:
Date authorized to do Business in AZ: ` ` C L9- ( 2-10 t Y
(Attach addiflonal sheet if necessarY)
t
(Attach adddional sheet if 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.
411212016 Regular Council Meetin 11./ 1/2 016 page 3 of 9 Page 64 of 90
Idfvi�uals requiring ADA accommodations please call (602 )542 --9027
6. List all Stockholders / percentage owners who own 10% or more:
SECTION 8 Club Applicants
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 ?nYes El No
3. List all controlling members (minimum of four (4) requested)
Last Fist Middle Ma7ng Address ............ - - 91ty state lip Code
(Attach additional sheet 9 necessary)
SECTION 9 Probate, will Assignment or Divorce Decree n existing Liquor License
1. Current Licensee's Name:
(Exactly as It appear on the license) st First Middle
2. Assignee's Name:
Fast First Middle
3. Licens 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 FRCS ICH SPIRITUOUS LIQUOR IS SERVED.
SECTION 1 I Location to Location Transfer: Series 5 B ! eries 7 Beer & Wine Series 9 Liquor Stores only
1. Current Business:
(Exactty as it appears on license)
2. New Business:
1. License Type:
Name:
ddress:
Name:
Address:
License Number:
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SECTION 12 Person to Person Transfer
Questions to be completed by Current Licensee (Bar and Liquor Stores Only- Series, 06, 07, and 09)
1. individual owner / Agent Name: Entity:
Last First Middle (individual, Agent, Etc.)
2. Ownership Name:
(Exactly as it appears on license)
3. Business Name:
(Exactly as it appears on license)
4. Business Location Address:
Street City State Z11
5. License Type: License Number:
6. Current Mailing Address:
Street /plication state Tip
7. Have all creditors, lien holders, interest holders, etc. bee [l Na
8. Does the applicant intend to operate the business while pending? ❑ Yes ❑ No
If yes, complete Section 5 (interim Permit) of this applicati current license to this application.
9. 1, (Print Full Name) hereby authorize the department to process this Application to
transfer the privilege of the license to the /ththe t provided that all terms and conditions of sale are met. Based on
the fulfillment of these conditions, I certify 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 th stated license. I have read the above Section 12 and confirm that all statements are
true, correct, and complete.
X
( Signature of CURRENT Individual Owner/Agent)
My commission expires on:
Date
NOTARY
State of
Day
County of
The foregoing Instrument was acknowledged before me this
of
Month
Year
Signature of NOTARY PUBLIC
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SECTION 13 Proximity to church or School
Questions to be completed by all in -state applicants,
A.R.S. § 4 -207. (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license
application is received by the director, within three hundred (300) horizontal feet of a church, w' ee hundred
(300) horizontal feet of a public or private school building with kindergarten programs o es one ( 1) through ( 12)
or within three hundred (300) horizontal feet of a fenced recreational area ad' o such school building.
The above paragraph DOES NOT apply to:
a) Restaurant license (§ 4-205.02) Series 12
b) Hotel /motel license (§ 4- 205.01 )Series 11
c) Mierobrewery Series 3
d) Craft Distillery Series 18
1. Distance to nearest Sch
(ff less than one (1 ) mile n ootage)
2. Dista to nearest Church:
ss than one (1 ) mile note footage)
SECTION 14 Business Financials
1. I am the: Lessee ❑Sub-lessee
2. If the premise is leased give lessors:
e) Covemmenf license (§ 4- 205.03) Series 5
f) Fenced playing area of a golf course (§ 4-207(8)(5))
g) Wholesaler Series 4
h) Form Vinery Series 13
Name of School:
Address:
Name of Church:
Address:
El owner ❑Purchaser El Management Company
Name: 'L..,..u
, 7z�,
Address:
Street city State zip
3. Monthly Rent/ Lease Rate: $
4. What is the remaining length of the lease? Yrs.
Months
5. What is the penalty if the lease is not fulfilled? $ f c>ce or Other: %,_G .�. ► r P6, e7-7, <,
.� �;•, `� (Give etalls- attach additional sheet if necessary)
6. Total money borrowed for the Business not including lease?
Please List Lenders /People you owe money to for business.
8. Has a license or a transfer license for the premises on this application been denied by the state with in the past ( 1 )
year? [:1 Yes o If yes, attach explanation.
9. Does any spirituous liquor manufacture, wholesaler, or employee have an interest in your business? [
10. is the premises currently license with a liquor license9-yesO No
If yes, give license number and licensee's name:
License #: t _ 10 3 9 Individual Owner /Agent Name: 1
(Exactly as it appears on license)
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(Attach additional sheet H necessary)
7. Wh type of business will this license be used for (be specific) ?
h
SECTION 15 Restaurant or hotel /motel license applicants
1. Is there an existing Restaurant or Hotel/Motel Liquor License at the proposed location?
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. § 4µ203.01; 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 rev -nue is the revenue derived from sales of food and spirituous liquor on
the licensed premises. By applying for this Restaurant F] 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 Restaurant
Hotel /Motel_Records Required for_Audit form with this application. (� ,A
(Appricant'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 fhe 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 'n writing; specify why the extension is
necessary; and the new inspection date you are requesting..
(Applicant's Initials)
SECTION 16 Diagram of Premises
Check ALL boxes that apply to your business:
0 Entrances /Exits
Y�f Liquor storage areas
Patio: El Contiguous
❑ Walk -up windows
El Drive - through windows
❑ Non Contiguous
1. Is your licensed premises currently closed due to construction, r novation or redesign? E] Yes�No
If yes, what is your estimated completion date?
Mordh/Day/Year
2. Restaurants and Hotel Motel applicants are required to draw a detailed floor plan of the kitchen and dining
areas including the locations of all kitchen equipment and dining furniture. Place for diagram is on section 16
number 6.
3. The diagram (a detailed floor plan) you provide is required to disclose only the area 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 s4n tiffing this initial diagram.
(Appfi ant's initials)
4/12/201 klarana Regular Council Meeti 1/n 1/ 16 page 7 of 9 Page 68 of 90
n Adiv c�ua ADA accommodations please call (602)542 -9027
SECTION 16 Diagram of premises - continued
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 fables, dining chairs,
dance floor, stage, game room, and the kitchen. DO NOT include parking tots, 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 write
the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application.
DIAGRAM OF PREMISES
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SECTION 17 SIGNATURE BLOCK
NOTARY
I, (Print Full Name) , hereby declare flat I am the Owner/Agent fling this application as
stated in Sectio 4 # 1. 1 hav read th!4z application and verify all statemenf t be true, correct and com
State of ` Z " . '' County of
Q ua
'```� �•
ignatur of CURRENT individual ner /Agent) The foregoing Instrument was acknowledged before me this
M commission expires on: Date o Month Y�..,,....
car
r� r'
KE VIN A. KRAMBER Signature of NOTARY PUBLIC
P� �SW of Arizom
A.R.S. § 41-1030. Invalidily rules not made according to this cha ter' rohibited agency action; prohibited
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 DUES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12 -820.41 OR 12-- 820.02.
4/12/201 Marana Regular Council Meeting 11 /01 /2016 page 9 of 9 Page 71 of 90
Individuals requiring ADA accommodations please call (602)542 -9427
U Arizona Department of Liquor Licenses and Control
800 VIA Washington 5th Floor
Al f
Phoenix AI 85007-2934 d �..
..,
www.azliquor.gov
co (602) 542 -5 1
AFFIDAVIT OF POSTING
Date of Posting: October 6 2016
Applicant's Name:
Zheng
Date of Posting Removal: ���
Rong Yun
Last
F first
Middle
Business Address: 8500 N. Cracker Barrel Road
Marana 85743
Street
License #: 12104466
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 B J
Print Name of City/County Official
Housing Specialist 520 - 990 -2496
Title
Phone Number
r ..
4 0, ^
Signature I DcAe Signed
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542 -5141 and ask for the Licensing Division.
8/21/2015 Page 1 of 1
Marana Regular Council MeetiMivl &14996�uiring ADA accommodations please call (602)542 -9027 Page 72 of 90
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007 -2934
, www.azliquor.gov
(602) 542 -5141
Local Governing Body Recommendation
A.R.S. § 4- 201(C)
1. City or Town of: Marana
(Circle one)
2. County of: Pima
Liquor License Application #: 12104466
(Arizona application #)
City /Town /County #: LL2016 -12
3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2),
(Name of entertainment district)
A boundary map of entertainment district must be attached.
M T C 'I R I
(Date of resolution to create the entertainment district)
1 st of
4. The arana oWn ounCl at a egu ar meeting held on the
(Governing body) (Regular or special)
November 2016 considered the application of Rong Yun Zheng
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application 12104466
(Arizona liquor license application #)
for the license series #: type s p rovided b e Series #12 Restaurant 4 -201.
Y A.R.S §
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL /DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF Rong Yun Zheng
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at on ,
(Location) (Day) (Month) (Year)
(Printed name of city, town or county clerk)
(Day)
(Signature of city, town or county clerk)
8/21/2015 Marana Regular Council Meeting 11 /01 /2016 Page 1 of 1 Page 73 of 90
Individuals requiring ADA accommodations please call (602)542 -9027
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
I;PriPc, h Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and /or location to location within the same county
and allows the holder both on- & off -sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off -sale ( "To
Go ") package sales of spirituous liquor can be made on the bar premises as long as the
area of off -sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on- & off -sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off -
sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off -
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ")
package sales can be made on the bar premises as long as the area of off -sale operation
does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
{00018233.DOC / 21
Marana Regular Council Meeting 11 /01 /2016 Page 74 of 90
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 11 /01 /2016 Page 75 of 90
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Council - Regular Meeting At
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Brian Varney, Senior Planner
Date: November 1, 2016
Strategic Plan Focus Area:
Commerce
Strategic Plan Focus Area Additional Info:
Principle Statement 1 / We will support commerce and business by being creative and flexible in
order to produce innovative solutions that exceed customer expectations.
Initiative 1: Update the Land Development Code to enhance simplicity, understanding, and ease
of use.
Subject: PUBLIC HEARING: Ordinance No. 2016.021 Relating to Development;
amending the Marana Land Development Code Title 16 (Signs), Section 16-14-37,
adding provisions for Road Construction Area Signs, temporary signs for existing land
uses located within a commercial or industrial zoning district and within an area subject
to long -term or substantial roadway construction activity; and establishing an effective
date (Brian D. Varney)
Resolution No. 2016 -119 Relating to Development; declaring as a public record filed
with the Town Clerk the amendments adopted by Ordinance No. 2016.021,
amending the Marana Land Development Code Title 16 (Signs), Section 16-14-37,
adding provisions for Road Construction Area Signs, temporary signs for existing land
uses located within a commercial or industrial zoning district and within an area subject
to long -term or substantial roadway construction activity (Brian D. Varney)
Discussion:
As we continue to grow and develop in the process of improving our community some of the
activities associated with these efforts can present challenges to our local businesses. An example
of this is the impact of major road construction projects. Town staff from various
departments have taken the initiative to anticipate and discuss the potential challenges that the
upcoming major construction activity on Ina Road will present to businesses within the Ina Road
Marana Regular Council Meeting 11 /01 /2016 Page 76 of 90
corridor. Through this collaborative effort, it was agreed that one of most significant
challenges will be vehicular access into the construction area and visibility of individual
businesses by potential customers once they enter the area. While efforts are being made by the
Town and ADOT to ensure that convenient access will be provided to the greatest extent
possible, visibility and identification of individual businesses will be somewhat impaired. In an
effort to address this challenge, as well as similar challenges that will inevitably impact other
areas of our community in the future, the Planning Department is proposing a new section of
provisions to Title 16 (Signs) of our Land Development Code.
Section 16 -14 -37 Road Construction Area Signs proposes regulations intended to provide
flexibility for land uses located within a commercial or industrial zoning district and within an
area that is currently subject to long -term or substantial road construction activity. The proposed
regulations, if approved, would allow one temporary sign of up to 40 square feet to
remain displayed on the premises along each adjacent street frontage for qualifying properties
for the duration of the road construction activity, or as determined by the Planning Department.
With the exception of the duration for which the signs may be displayed, the proposed regulations
are generally consistent with the existing standards for other temporary signs allowed under Title
16. One notable exception is that the proposed regulations allow for the display of A -frame signs,
which have historically been prohibited in the Town. The proposed regulations would allow one
A -frame sign per entity to be displayed in addition to a standard banner or other approved
temporary sign allowed under these provisions. Planning staff anticipates that the regulations
proposed will result in safe and effective use of these signs.
It should be noted that the proposed sign regulations are content neutral, and do not favor
commercial or non - commercial speech. Any sign allowed under this section may contain, in lieu
of any other copy, any otherwise lawful noncommercial message that complies with applicable
size, lighting, dimension, design, spacing, and permitting requirements of Title 16 (Signs).
Staff Recommendation:
Staff recommends adoption of Ordinance No. 2016.021 amending the Marana Land Development
Code Title 16 (Signs), Section 16- 14 -37, adding provisions for Road Construction Area Signs,
declaring the amendment as a public record filed with the Town Clerk.
Suggested Motion:
I move to adopt Ordinance No. 2016.021 and Resolution No. 2016 -119, amending the Marana
Land Development Code Title 16 (Signs), Section 16 -14 -37 and declaring the amendment a
public record filed with the Town Clerk.
Attachments
Ordinance No. 2016.021
Resolution No. 2016 -119
Exhibit A to Resolution No. 2016 -119
Marana Regular Council Meeting 11 /01 /2016 Page 77 of 90
MARANA ORDINANCE NO. 2016o021
RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT
CODE TITLE 16 (SIGNS), SECTION 16- 14 -37, ADDING PROVISIONS FOR ROAD
CONSTRUCTION AREA SIGNS, TEMPORARY SIGNS FOR EXISTING LAND USES
LOCATED WITHIN A COMMERCIAL OR INDUSTRIAL ZONING DISTRICT AND
WITHIN AN AREA SUBJECT TO LONG -TERM OR SUBSTANTIAL ROADWAY
CONSTRUCTION ACTIVITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance are in the best interest of the Town of Marana and the general public.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The amendments to the Marana Land Development Code Title 16 (Signs),
Section 16- 14 -37, adding provisions for Road Construction Area Signs, temporary signs for
existing land uses located within a commercial or industrial zoning district and within an area
subject to long -term or substantial roadway construction activity, one electronic and one paper
copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, and
which were made a public record by and are attached as Exhibit A to Resolution No. 2016 -119
of the Town of Marana, Arizona, are hereby referred to, adopted and made part of this ordinance
as if fully set out here.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and
proceedings that were begun before the effective date of the repeal.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance is effective on December 2, 2016.
Marana Ordinance No. 2016.021 - 1 - 10/24/2016 8:47 AM BDV
Marana Regular Council Meeting 11 /01 /2016 Page 78 of 90
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 St day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2016.021 -2- 10/24/2016 8:47 AM BDV
Marana Regular Council Meeting 11 /01 /2016 Page 79 of 90
MARANA RESOLUTION NO. 2016-119
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2016.021,
AMENDING THE MARANA LAND DEVELOPMENT CODE TITLE 16 (SIGNS), SECTION
16- 14 -37, ADDING PROVISIONS FOR ROAD CONSTRUCTION AREA SIGNS,
TEMPORARY SIGNS FOR EXISTING LAND USES LOCATED WITHIN A COMMERCIAL
OR INDUSTRIAL ZONING DISTRICT AND WITHIN AN AREA SUBJECT TO LONG-
TERM OR SUBSTANTIAL ROADWAY CONSTRUCTION ACTIVITY
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Land Development Code Title 16
(Signs), Section 16 -14 -37 adopted by Ordinance No. 2016.021, attached to and incorporated in
this resolution as Exhibit A, and one electronic and one paper copy of which are on file in the
office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file
with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1 St day of November, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2016 -119
Marana Regular Council Meeting 11 /01 /2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
10/20/2016 3:13 PM BDV / FJC
Page 80 of 90
Exhibit A
16 -14 -37 Road Construction Area Sign
A. An existing use located within a commercial or industrial zoning district and
within an area subject to long -term or substantial roadway construction activity
performed by the Town or other public entity or utility company may display on
its premises one temporary road construction area sign along each adjacent street
frontage.
B. A temporary road construction area sign shall require a sign permit issued by the
town.
C. A temporary road construction area sign may be displayed for the duration of
the construction activity, or as determined by the planning department.
D. Each sign shall have a maximum sign area of 40 square feet.
E. All signs shall be constructed of durable weather - resistant materials such as
fabric, plastic, wood, metal, or similar materials as approved by the planning
department, and shall be maintained in a manner so as to remain free of chipped
paint, cracks, loss of text or graphics or other defects.
F. A temporary road construction area sign shall not be placed upon any other sign
assembly, utility pole, authorized traffic control device, utility box, fence, wall,
boulder, tree, planter, vehicle, or similar structure.
G. A temporary road construction area sign shall not be placed within public right
of way.
H. A temporary road construction area sign shall not be located above the roofline
of any building on the premises.
I. A- frames and similarly designed temporary signs shall be allowed subject to the
following:
1. Signs must be located within 20 feet of the entrance to the building which
is owned, leased, or rented by the owner of the sign.
2. Signs may only be displayed during daylight hours and must be removed
and replaced each day.
3. Signs in the open position must not exceed a height of 40 inches and shall
not exceed 30 inches in width.
4. Shall be placed at grade level, and in a manner that does not obstruct a
sidewalk, pedestrian access way, parking area access lane, or a
designated parking space.
5. Shall be placed so that a minimum of four feet of clearance is maintained
for pedestrian access on all sidewalks and walkways.
Marana Regular Council Meeting 11 /01 /2016 Page 81 of 90
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Council - Regular Meeting A2
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: November 1, 2016
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2016 -120: Relating to Public Works; approving and authorizing the
Mayor to sign an Acquisition Agreement &Administrative Settlement for the purchase
of property rights needed from Pep Boys Manny Moe &Jack of California for the
Camino Martin /Jeremy Place Reconstruction Project, Town of Marana Project No.
ST033 (Frank Cassidy)
Discussion:
This is an acquisition for the now- completed Camino Martin /Jeremy Place Reconstruction
project. The particulars of this deal are set forth in the acquisition agreement found in the backup
materials. Town staff is available to justify and explain the proposed acquisition price and
negotiations in an executive session, also scheduled for tonight's agenda in the event the Council
requests it.
Financial Impact:
Fiscal Year: 2017
Budgeted Y/N: Y
Amount: $4,000
Staff Recommendation:
Staff recommends adoption of Resolution No. 2016 -120, approving and authorizing the Mayor to
sign an Acquisition Agreement & Administrative Settlement for the purchase of property rights
needed from Pep Boys Manny Moe & Jack of California for the Camino Martin /Jeremy Place
Reconstruction Project.
Marana Regular Council Meeting 11 /01 /2016 Page 82 of 90
Suggested Motion:
I move to adopt Resolution No. 2016 -120, approving and authorizing the Mayor to sign an
Acquisition Agreement & Administrative Settlement for the purchase of property rights needed
from Pep Boys Manny Moe & Jack of California for the Camino Martin /Jeremy Place
Reconstruction Project.
Attachments
Resolution No. 2016 -120
Exhibit A to Resolution PepBoys Settlement
Marana Regular Council Meeting 11 /01 /2016 Page 83 of 90
MARANA RESOLUTION NO. 2016-120
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
SIGN AN ACQUISITION AGREEMENT &ADMINISTRATIVE SETTLEMENT FOR THE
PURCHASE OF PROPERTY RIGHTS NEEDED FROM PEP BOYS MANNY MOE &JACK
OF CALIFORNIA FOR THE CAMINO MARTIN /JEREMY PLACE RECONSTRUCTION
PROJECT, TOWN OF MARANA PROJECT NO. ST033
WHEREAS the Town of Marana has substantially completed construction of the Camino
Martin/Jeremy Place Reconstruction Project, Town of Marana Project No. ST033, (the "Camino
Martin Project "); and
WHEREAS the Town of Marana needed to acquire a temporary construction easement
from Pep Boys Manny Moe & Jack of California to construct the improvements needed for the
Camino Martin Project (the "Needed Property "); and
WHEREAS Town staff has negotiated an Acquisition Agreement & Administrative
Settlement with Pep Boys Manny Moe & Jack of California for acquisition of the Needed
Property, the terms of which exceed Town staff s general authority for acquisition of property
rights needed for the Camino Martin Project as set forth in Marana Resolution No. 2016 -054;
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, Arizona, authorizing the Mayor to execute the Acquisition Agreement & Administrative
Settlement with Pep Boys Manny Moe & Jack of California in substantially the form attached to
and incorporated in this resolution as Exhibit A, and authorizing Town staff to do all things
necessary to carry out the terms of the agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 St day of November, 2016.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
00049146.DOCX /1
Marana Resolution No. 2016 -120
Marana Regular Council Meeting 11 /01 /2016
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
10/21/2016 3:16 PM
Page 84 of 90
ENGINEERING DEPARTMENT
ACQUISITION & SETTLEMENT AGREEMENT
This Agreement is made by and between THE PEP Boys i ANNY MOE & JACK OF CALIFORNIA (the
"Owner"), a Californian corporation, and the TOWN ARAN W r na" , an Arizona municipal
corporation. The Owner and Marana are sometimes collectively referred to s the "Parties," either
of which is m t'im individually referred to "Party. ;,
1 The Property. The Owner owns the property currently identified as Pima County Assessor's
Parcel Number 101-05-004G, consisting of approximately 2.91 acres near the southeast
corner of the intersection of Ina Road and Camino Martin, and referred to in this Agreement
as the "Property."
2. The Project. Marana its contractor) has substantially completed construction of the
Camino Martin/Jeremy Place Roadway Reconstruction Project, Marana Project Number
ST 33 (the "Project). The Project consisted of the reconstruction of Cap in Martin from Ina
Road southward alppr im tely 2,223 linear feet, and the reconstruction of .Jeremy Place from
Its Intersection with Canino Martin eastward ppr ximaltely 700 feet to its cul-de-sac terminus.
3. The Acquisition. l l r n needed to acquire ar temporary construction easement (the "Take")
from the Property for the Project, to tie In the Cab in Martin driveways and Curb return
serving the Property. The Take is depicted in `Exhibit " to this Agreement. In lieu of court
proceedings to acquire the Take e y eminent domain, the Owner agrees to sell and Marana
agrees to acquire the Take for the total sum of $4,000.00 (the "Acquisition Amount"), subject
to the terms and conditions set forth in this Agreement.
4. Possession. The Parties acknowledge that possession of the Take has already occurred,
and Marana has no further need or right to possess the Take. This Agreement is the Panties'
settlement and payment for the rights previously taken.
5. Payment. No later than 30 days after the date this Agreement is approved by the Marana
Mayor and Council, Martina. shall pay the Acquisition Amount to the Ow by c heck railed
at Mrn's cost via United States Postal Beanie using Certified Mail, Return Receipt
Requested, to The Pep Boys, 3111 W. Allegheny Avenue, Phi ladelphia PA 19132 , Attention:
Donald L. Novajosky, Corporate Counsel.
6. per's Commission. No broker or finder has been used and Marana shall owe n o
brokerage erage r finders' fee related to this transaction. The O wner is responsible to pay all
brokerage or finders' fees to any agent it has employed.
7. Conflict of interest. This Agreement is subject to A.R.S. § 38-511 which provides for
Cancellation o contracts by government entities for certain conflicts of interest.
8. Entire Agreement. This signed document shall constitute the entire Agreement among the
Panties. No modification o amendment to this Agreement shall be binding unless in writing
0004915.DX /1
Marana Regular Council Meeting 11 /01 /2016 Page I of 2
10/7/2010 4:41 PM
Page 85 of 90
and si b the Parties. The performance of this A constitutes the entire
consideration b Marana, includin j ust compensation for the Take and severance dama
to an remainder propert and shall relieve Marana of all further obli or claims relatin
to the Propert for the Take.
9. Compromise and Settlement. The Parties acknowled that the Ac Amount was
a upon throu compromise and settlement to avoid liti
10. Council Approval. This A is sub to approval b the Town Council of the Town
of Marana.
IN WITNESS WHEREOF, the Parties have executed this instrument as of the last Part si
date below.
"MARANA":
TOWN OF MARANA, an Arizona municipal
corporation
Eb
Ed Honea, Ma
Date:
ATTEST'.
Jocel Bronson, Town Clerk
APPROVED AS TO FORM:
Marana Town Attorne
STATE OF. 6e_,,, � q I )
ss
Count of Ce)�L
The "OWNER":
THE PEP Boys MANNY MBE & JACK OF
CALIFORNIA, a California corporation
n
B y :
Michael En
Its: Chief Financial Officer & Secretar
The fore instrument was acknowled before me on October 20, 2016 b Michael En
the Chief Financial Officer & Secretar of THE PEP Boy NNNE' MOE & JACK OF CALIFORNIA, a
California corporation, on behalf of the corporation. :7
(Seal)
DAt9.* 0 - ------ A6_
• t oo**$ * , 4 A; * g 6
0 ti.% Notar Public
rA 10
01
TM ,
P Jot, ago
1b 0
#bo
40 i; c ouwr q
w�jon
r*b. 27, 2o1
00049158DOCX /1 10/7/2016 4-41 PM
Pa of
Marana Re Council Meetin 11 /01 /2016 2 2 Pa 86 of 90
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Council - Regular Meeting
Meeting Date: 11/0 1 /2016
To: Mayor and Council
From: Cynthia Nemeth - Briehn, Parks & Recreation Director
Date: November 1, 2016
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
Principle Statement 1
Initiative 6. a.
Explore and research innovative community planning ideas for incorporation into process,
procedures, and codes.
*Seek to build a clear sense of place.
A3
Subject: Resolution No. 2016 -121: Relating to Administration; approving the transfer of up to
$85,000 in budgeted expenditure authority from the General Fund contingency line
item in the fiscal year 2016 -2017 budget to the Parks and Recreation landscape
maintenance account for expenses related to Phase 1 of the Marana Main Street Tree
Plan (Cynthia Nemeth- Briehn)
Discussion:
Trees are an asset to be valued and maintained. Trees provide shade, add aesthetic beauty, and
enhance community spaces. Since the Marana Town Hall complex and the adjoining Marana
Main Street and Civic Center Drive were completed over 11 years ago, the landscaping (trees,
shrubs, and turf) have provided immeasurable value to those who work, live, and visit the area.
Some of the original trees have not exhibited much growth since their planting. This stunted
growth may have been caused by poor soil conditions, compaction, bound roots, and
disease. Staff recommends removing those trees that are failing and replacing them with new,
fast -to- moderate growing varieties. Trees that are healthy will not be removed.
With any infrastructure system, replacements and upgrades have to be periodically performed.
Staff has found that the irrigation system is beginning to fail. A replacement system is being
proposed to better serve the trees and shrubs along Marana Main Street and Civic Center Drive.
Marana Regular Council Meeting 11 /01 /2016 Page 87 of 90
Staff has conducted an internal study of the estimated cost for improving Marana Main Street's
vegetation and irrigation system, which would allow for suitable and sustaining growth of newly
planted trees and shrubs.
This proposal also includes establishing infrastructure for future electrical enhancements that
would serve special events and other activities aimed to highlight Marana's town - center.
This proposed project is to create a visually appealing town - center for the Town of Marana by:
• Establishing the foundation for an appealing, pedestrian- friendly downtown area.
• Selecting trees that will grow to become stately and provide ample shade.
• Selecting a variety of trees and shrubs that are suitable for the area's climate.
• Selecting trees that are moderate -to -fast growers.
• Installing a new, commercial grade irrigation system.
• Installing conduit for future electrical and lighting enhancements at the same time as the
irrigation upgrade. Staff is recommending that the initial phase of this project consist of
installing new irrigation along Town owned portions of the roundabout, Marana Main
Street, Civic Center Drive and Bill Gaudette Drive. This first phase would also involve the
removal and replacement of approximately 40 of the most stressed trees. A second phase
would address the remaining trees needing to be replaced.
Financial Impact:
Fiscal Year: 2017
Budgeted Y/N: N
Amount: $83,500
It is estimated that Phase 1 of the Marana Main Street Tree Plan will cost approximately $83,500
to complete. Staff is asking for approval to transfer up to $85,000 to include additional funds for
possible unexpected costs.
Phase 2 (additional trees, electrical) will be included as part of future budget discussions.
Staff Recommendation:
Staff recommends approving the expenditure of contingency funds for the purpose of completing
Phase 1 of the Marana Main Street Tree Plan.
Suggested Motion:
I move to adopt Resolution No. 2016 -121, approving the transfer of up to $85,000 in budgeted
expenditure authority from the General Fund contingency line item in the fiscal year 2016 -2017
budget to the Parks and Recreation landscape maintenance account for expenses related to Phase
1 of the Marana Main Street Tree Plan.
Attachments
Resolution No. 2016 -121
Marana Regular Council Meeting 11 /01 /2016 Page 88 of 90
MARANA RESOLUTION NO. 2016-121
RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $85,000 IN
BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND
CONTINGENCY LINE ITEM IN THE FISCAL YEAR 2016 -2017 BUDGET TO THE PARKS
AND RECREATION LANDSCAPE MAINTENANCE ACCOUNT FOR EXPENSES
RELATED TO PHASE 1 OF THE MARANA MAIN STREET TREE PLAN
WHEREAS on June 21, 2016, the Town Council adopted the fiscal year 2016 -2017
budgetary document and overall financial plan which set the legal level of budgetary control at
the department level for the General Fund and at the fund level for all other funds; and
WHEREAS the Town Council desires to transfer budgeted expenditure authority in the
fiscal year 2016 -2017 budget of up to $85,000 from the General Fund contingency line item to
the Parks and Recreation landscape maintenance account for expenses related to completion of
Phase 1 of the Marana Main Street Tree Plan, including the replacement of trees, an upgrade to
the irrigation system, and installation of infrastructure for future electrical enhancements on Ma-
rana Main Street; and
WHEREAS transferring budgeted expenditure authority from the contingency fund of up
to $85,000 within fiscal year 2016 -2017 will not significantly impact the General Fund; and
WHEREAS reallocations of budgeted expenditure authority between the contingency line
item in the General Fund to other line items are necessary from time to time; and
WHEREAS the Council finds that the reallocations addressed by this resolution are in the
best interest of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of up to $85,000 in budgeted expenditure authority from the
General Fund's budgeted contingency line item to the Parks and Recreation landscape mainte-
nance account in the fiscal year 2016 -2017 budget for expenses related to completion of Phase 1
of the Marana Main Street Tree Plan is hereby approved.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to un-
dertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of this resolution.
Marana Resolution No. 2016 -121 - 1 -
Marana Regular Council Meeting 11 /01 /2016 Page 89 of 90
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 st day of November, 2016.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2016 -121 -2-
Marana Regular Council Meeting 11 /01 /2016 Page 90 of 90