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Regular Council Agenda Packet 01-03-2017
M RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 3, 2017, 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 January 3, 2017, 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 01/03/2017 Page 1 of 172 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 01/03/2017 Page 2 of 172 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS PI Relating to Budget; presentation of first quarter results for the Town's General Fund and other selected major funds for the 2016 -17 fiscal year (Erik Montague) 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. Cl Resolution No. 2017 -001 Relating to Marana Regional Airport; approving and authorizing the Airport Director to execute an Apron Use Permit Agreement between the Town of Marana and Southern Arizona Sports Car Club, Inc. for a series of non - aeronautical special events at the Airport (Steve Miller) C2 Resolution No. 2017 -002 Relating to Development; approving a final plat for De Anza, Lots 1 thru 265 and Common Areas "A" - Natural Undisturbed Open Space, "B" - Interceptor Channel, "C" - On -Site Active Recreation, "D" - On -Site Passive Recreation, "E" - Open Space /Public Utilities and Drainage & "F" - Coved Lot Natural Undisturbed Open Space, located west of Hartman Lane and approximately a quarter mile north of Cortaro Farms Road. (Steve Cheslak) C3 Resolution No. 2017 -003 Relating to Development; approving a release of assurances for the Willow Vista subdivision and accepting public improvements for maintenance (Keith Brann) C4 Resolution No. 2017 -004 Relating to Public Works; approving and authorizing the Town Engineer to execute an acquisition agreement and all other documentation necessary for the purchase of additional property rights needed from B.K.W. Farms, Inc. for the Tangerine/Downtown Sewer Conveyance System, Town of Marana Project No. WRO 10 (Frank Cassidy) C5 Resolution No. 2017 -005 Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimbursable Grant Agreement for Grant Number E7F2R O 1 D between the State of Arizona by and through the Department of Transportation and the Town of Marana for the purpose of aiding in financing a Project entitled "Rehab. Apron, Rehab. Twy. (Design Only)," for design of the Apron and Taxiway Rehabilitation project (Lisa Shafer) Marana Regular Council Meeting 01/03/2017 Page 3 of 172 C6 Ordinance No. 2017.001: Relating to Health and Sanitation; Amending Town Code Title 10 (Health and Sanitation), Chapter 10 -6 (Special Events); revising Section 10 -6 -6 (Application review) to amend insurance requirements for special events on Town property; revising section 10 -6 -8 (Grounds for denial) to amend the grounds for denial of special event permit applications; and designating an effective date (Jane Fairall) C7 Approval of December 6, 2016 Regular Council Meeting Minutes and December 13, 2016 Study Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Person /Location Transfer Series 6 Bar liquor license application submitted by Kevin Arnold Kramber on behalf of Growler's Tap House, LLC, located at 8275 N. Silverbell Road #137, Tucson, Arizona 85743 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Interim Permit /Person Transfer Series 6 Bar liquor license application submitted by Matthew Robert Nuechterlein on behalf of Gallery Golf Club, located at 14000 N. Dove Mountain Blvd., Marana, Arizona 85658 (Jocelyn C. Bronson) L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Interim Permit and New License Series 12 Restaurant liquor license application submitted by Carlos A. Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2017.002: Relating to Development; amending Title 17 (Land Development), Chapter 17 -5 (Subdivisions), Section 17 -5 -2 (Procedure) of the Marana Town Code by re- inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots (Frank Cassidy) 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) Marana Regular Council Meeting 01/03/2017 Page 4 of 172 EXECUTIVE SESSIONS Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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 01/03/2017 Page 5 of 172 N O 0 / m - tn. A k 4 0 Council - Regular Meeting P1 Meeting Date: 01/03/2017 To: Mayor and Council From: Erik Montague, Finance Director Date: January 3, 2017 Strategic Plan Focus Area: Commerce Strategic Plan Focus Area Additional Info: Strategic Plan III, Principle Statement 3 - We will invest in a well - managed government that provides reliable services and quality amenities for citizens and businesses. Initiative 15 - Maintain a structurally balanced budget using appropriate resources with associated expenses. Subject: Relating to Budget; presentation of first quarter results for the Town's General Fund and other selected major funds for the 2016 -17 fiscal year (Erik Montague) Discussion: Staff will present a summary of the Town's first quarter financial results (July - September) for the Town's General Fund and other selected major funds for fiscal year 2016 -17. Please find the Financial Brief for the first quarter following this communication which provides a broad, preliminary overview of the first quarter results for the General Fund and other selected mayor funds. Staff Recommendation: Presentation of first quarter results only. Suggested Motion: Presentation of first quarter results only. Marana Regular Council Meeting 01/03/2017 Page 6 of 172 Attachments Financial Update -First Quarter Marana Regular Council Meeting 01/03/2017 Page 7 of 172 Marana Regular Council Meeting 01/03/2017 Contents Summary.......................................... ............................... 3 GeneralFund ..................................... ..............................4 Revenues............................................ ............................... Transaction Privilege Taxes ......... ............................... 4 -5 - Intergovernmental Revenues .......... ............................5 -6 - Licenses, Fees and Permits .......... ............................... 6 -7 Expenditures................................. ............................... 8 -9 BedTax Fund .................................... .............................10 HU RF ................................................ .............................11 Water............................................... .............................12 WasteWater .................................... .............................13 %2 Cent Sales Tax ............................... .............................14 Financial Brief —1st Quarter 2017 Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 9 of 172 Financial Brief —1st Quarter 2017 Summary — This financial brief is intended to provide a ` - - -- broad overview and status of revenues and expenditures for the Town's General Fund, ,��' r t as well as other selected major funds. Major funds General Fund HURF, Water, and Waste Water revenues are in line with their �- expectations and expenditures first quarter (July 1 Sept 30) though the Bed Tax Fund is slightly behind it is expected to normalize. Overall revenues for the quarter are trending as expected, apart from the Bed Tax Fund. There is some seasonality in the Bed Tax revenues and they are expected to largely recover this fiscal year. Additionally, all expenditures for these Major Funds are below expectations for the period, however, are expected to return to normal as purchases continue. Overall, major revenues are trending as expected for the first quarter. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 rYzuli Budgeted Expenditures FY2017 YTD Expenditures 18,928 413,727 725,457 186,432 iveL rcevenue Over /(Under) Expenditures Page 10 of 172 Financial Brief —1st Quarter 2017 General Fund - General Fund is the Town's primary operating fund. % Share of General Fund Revenues Its revenues are extremely sensitive to fluctuations in 10% Sales taxes the regional and national economies. You will notice 26% in the chart to the right that the three major o Intergovern p g p categories resented make u 95 percent of the 59 � mental overall revenues for the General fund. As illustrated Licenses, fees for the first quarter we are largely collecting as and permits expected. Licenses, fees and permits is expected to improve in future quartersNow let's take a closer look at the revenues and their framework. General Fund Revenues Fiscal Year 2017 Budget Fiscal Year 2017 1st Qtr. Percentage of Budget Sales taxes 24 6 25% I ntergovernmental 10,805,072 2 22% Licenses, fees and permits 4 813,125 20% General Fund -Major Revenues $8.0 .0 $6.0 2 $4.0 $2.0 $0.0 Sales taxes Intergovernmental Licenses, fees and permits Transaction Privilege Taxes - Overall tax collections (excluding the restricted portions allocated to other funds) are within expectations. Retail tax represents the largest tax category which at 26% of budgeted revenues. Additionally, other categories like utilities, restaurants and construction are also trending within expectations for this quarter. It is significant to note, that there is some seasonality in hotel transaction privilege taxes and we anticipate that this category largely approach expectations this fiscal year. FY2014 1st Qtr FY2015 1st Qtr FY2016 1st Qtr FY2017 1st Qtr % Share of Sales Tax ® RETAIL s% 4% 4/ 0 UTILITIES 9% 52% RESTAURANT 15% CONTR REAL EST HOTELS Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 11 of 172 Financial Brief —1st Quarter 2017 ' 12,652,000 3 26% UTILITIES 3 1 28% RESTAURANT 2 577,952 27% • 1 442 22% REAL EST 1 293,789 29% • 972,025 183,154 19% ALL OTHERS 1 290,486 17% The graph above compares the first quarter of this fiscal year to the same quarter in previous years. This graph is intended to provide a representation of trend for major categories of tax collection revenues. The most significant change is a year- over -year (YoY) increase in retail collections and is primarily related to a modest improvement in collections for certain major retailers. It is important to note that the number presented here does not include the additional %2% in restricted revenues for the public safety facility. Those revenues are recorded in a separate fund. Intergovernmental The Intergovernmental revenue category represents amounts received from the shared revenue program. Theses revenues are distributed monthly based upon population estimates. These revenue sources are subject to the overall economic conditions of the State and are subject to fluctuations. This revenue source is also subject to changes made by the State legislature. expectations. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 % Share of Intergovernmental Revenue I URBAN 17% REVENUE 47% I STATE SHARED 36% 00 1 AUTO LIEU Overall, revenues are trending within Page 12 of 172 Financial Brief —1st Quarter 2017 URBAN REVENUE 5 1 25% STATESHARED 3 902,689 23% AUTO LIEU 1 454,580 26% Intergovernmental Revenue 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 URBAN REVENUE STATE SHARED AUTO LIEU I FY2014 1st Qtr i FY2015 1st Qtr i FY2016 1st Qtr i FY2017 1st Qtr Illustrated in the graph above you will see the year over year first quarter trend from 2014 to present. This graphic is intended to demonstrate trend for the intergovernmental revenue collections, as observed above most all categories are seen an uphill direction. Licenses, Fees and Permits - This revenue category represents the third largest revenue source for the General Fund. 120 Single Family Residential SFR's (SFR) permits amount for the largest portion within this FY2017 category. Currently SFR revenue is within expectations at 550 Budget 22% of the budgeted total. SFR permits of 120 issued for FY2017 YTD the first quarter represents 22% of the 550 permits budgeted for the current fiscal year. Excavation is currently under budget however, this category is expected to approach budget expectations this fiscal year. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 13 of 172 Financial Brief —1st Quarter 2017 Permit Category Fiscal Year 2017 Budget Fiscal Year 2017 1st Qtr. Percent of Budget SFR PERMITS - NEW 2 527,970 22% COMMERCIAL PERMITS - NEW 150,000 50,373 34% MISCELLANEOUS PERMITS 150,500 43,559 29% EXCAVATION AND GRADING PERMTS 100,000 14,314 14% COMMERCIAL PERMITS - EXISTING 85,000 32,991 39% ALL OTHERS 263,500 97,838 37% 700,000 600,000 500,000 FY20141st Qtr 400,000 FY2015 1st Qtr 300,000 - FY20161st Qtr 200,000 FY2017 1st Qtr 100,000 r SFR PERMITS - COMMERCIAL MISCELLANEOUS EXCAVATION AND COMMERCIAL ALL OTHERS NEW PERMITS - NEW PERMITS GRADING PERMITS - PERMTS EXISTING The graph above compares the first quarter revenues of this fiscal year to the same quarter in previous years. The change in new SFR permits revenue is due to the difference in the valuation of SFR permits issued in fiscal year 2015 as opposed to those issued this fiscal year. It is important to note that the variation in existing commercial permits is due to the number of Marana Center tenant improvements which occurred last quarter. The graph above you will see the year over year first quarter trend from 2014 to present. Other fee revenue categories are within budget expectations for the first quarter. Fee Category Fiscal Year 2017 Budget Fiscal Year 2017 1st Qtr. Percent of Budget BUSINESS LICENSE 160,000 44 28% FRANCHISE FEES 400,000 114,597 29% TIPPING FEES 350,000 49,275 14% Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 14 of 172 Financial Brief —1st Quarter 2017 license &Fees 200,000 FY2014 1st Qtr 100,000 FY2015 1st Qtr FY2016 1st Qtr FRANCHISE FEES TIPPING FEES BUSINESS LICENSE FY2017 1st Qtr The graph above compares the first quarter revenues of this fiscal year to the same quarter in previous years. Expenditures - The General expenditures are presented in four / of Overall Expenditures main categories, which are shown in the pie 0% 12% -� chart to the right. Personnel and benefits 4 % --; represent the largest portion of the budget and 18% the current period expenditure spend of 21% is 55% largely within expectations. Contracted services 12% is the second largest portion of budget which are also within spending expectations at 22 %. Personnel and benefits Contracted services Operating supplies, capital Outlay, and other Operating supplies & equipment Capital outlay financing uses are currently significantly below Debt service Other financing uses budget expectations, but are expected to approach budget in future quarters as significant programs and projects are completed. Other financing uses are associated with required budgetary transfers for debt service, grant cash match and contributions toward certain capital projects. This category is expected to approach budget expectations in the later quarters as debt service transfers will be made for January and July 2017 debt service payments. Expenditures Fiscal Year 2017 Fiscal Year 20171st Percentage of Budget Budget Qtr. Personnel and benefits 26,675,415 5 21% Operating supplies & equipment 8 720,513 8% Contracted services 5,793,755 1,255,985 22% Other financing uses 5 0% No - Capital outlay 1 115,131 7% Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 15 of 172 Financial Brief —1st Quarter 2017 General Fund Expenditures 6,000,000 4 FY2014 1st Qtr FY2015 1st Qtr 2,0001000 FY2016 1st Qtr 0 FY2017 1st Qtr Personnel and Contracted Operating Capital outlay benefits services supplies & equipment The graph above compares the first quarter General Fund expenditures of this fiscal year to the same quarter in previous years. Most of the categories are showing modest increases year over year as properly included in the appropriate year's budget. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 16 of 172 Financial Brief —1st Quarter 2017 Bed Tax Fund — This fund accounts for the collection of the discriminatory portion of bed tax revenues which restricted for tourism initiatives. The Town continues to advance key initiatives like the new discover Marana website. As mentioned earlier for this category in the General Fund, this revenue category is subject to some seasonal variation and revenues are expected to approach budget in the upcoming quarters. Revenues currently exceed expenditures by $163,923, however, their expected to come in line as we approach the future quarters and with the on boarding of a new Tourism Manager. Sales taxes Total Revenues 937,884 182,851 19% 937,884 182,851 19 Personnel and benefits 94,327 5 6% Contracted services 739,322 12,943 2% Operating supplies & equipment 107,000 29 0% Total Expenditures 940,649 18,928 2% over/(under) JJJJJJJJJJJPV 163.9923 Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 17 of 172 Financial Brief —1st Quarter 2017 Highway User Revenue Fund — HURF fund is set by the collection of various fees and taxes from users of the States roads and highways which the State of Arizona collects. An excise tax is charged on fuel purchases on a per gallon basis. Cities and towns receive a percentage of the highway users revenues based on two factors: population estimates acquired through the most recent census survey, and gasoline sales within each county. These funds are restricted solely for street and highway purposes. This is the primary source of revenue used to maintain our transportation system. HURF revenues (intergovernmental) are within expectations for the first quarter of the fiscal year at $702,565 or 23 %. Additionally, revenues exceed expenditures by $288,838 for the first quarter. On the other hand expenditures are modestly below expectations, although are expected to approach expectations as significant programs and projects occur. age c q'i HURF 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Intergovernmental Fiscal Year 2014 QTR1 -,p Personnel and Contracted services Capital outlay Operating supplies benefits & equipment Fiscal Year 2015 QTR1 Fiscal Year 2016 QTR1 Fiscal Year 2017 QTR1 Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 18 of 172 Z1;17 budget zia -/ rte Intergovernmental 3 702,565 23% Investment income 7 - 0% Total Revenues 3 702,565 HURF Expenditures L MA A Personnel and benefits 355,308 70,991 20% Contracted services 2 121 5% Operating supplies & equipment 190,700 30,462 16% Capital outlay 841,587 190,570 23% Total Expenditures 3,867,177 413,727 q'i HURF 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Intergovernmental Fiscal Year 2014 QTR1 -,p Personnel and Contracted services Capital outlay Operating supplies benefits & equipment Fiscal Year 2015 QTR1 Fiscal Year 2016 QTR1 Fiscal Year 2017 QTR1 Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 18 of 172 Financial Brief —1st Quarter 2017 Water Fund — The Town provides a potable water system service to residences and businesses within the service area. The revenue generated is used to cover the costs of administration, operations, maintenance and replacement of the water collection, treatment and delivery system. Overall, the Water Fund is currently receiving and spending its resources as expected. The biggest revenue share within the fund is charges for services (water sales) which are within expectations at $1,151,004 or 27% of its budgeted total. Through the current quarter, Water revenues exceed expenses by $453,693. Water 1,500,000 1,151,004 1,000,000 500,000 Charges for services Monthly Service Fee Meter Size Rate 5/8" $ 18.18 1 44.14 1.5" 48.08 2 55.83 4 132.43 374,577 dw 93,818 257,062 Personnel and Contracted services Operating supplies & benefits equipment FY2014 1st Qtr FY2015 1st Qtr FY2016 1st Qtr FY2017 1st Qtr Illustrated in the graph to the above, you will see the first quarter year over year trend from 2014 to present. This graphic is intended to demonstrate trend for the water revenue and expenditures. Most all categories are seeing an increase. As the Town continues to grow so too w i l l its costs. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 19 of 172 Financial Brief —1st Quarter 2017 Waste Water Fund — The Town charges a fee to each sewage Monthl Service Fee Vo lume 0 1 0 Rate system user having a sewer connection or L meter - - A- otherwise discharging sewage, industrial $ Per meter $ 12.63 Per 1,000 gallons 4.71 waste or other liquids into the Town's sewage system. The revenue generated is used to cover the costs of administration, operations, maintenance and replacement of the sewage collection and treatment system. The Town is currently receiving and spending its resources, as expected. Charges for services are the fund's largest revenue category which is within expectations at $257,452 or 22% of its budgeted total. Expenditures are with expectations and anticipate to remain balanced in the future, currently revenues exceed expenditures by $79,971 for the first quarter. Charges for services 1 257 22% Miscellaneous - - 0% Licenses, fees and permits 3 8 298% Total Revenue 1,159,696 266,402 23% Ex p enditure s MM06=0�� Personnel and benefits 369,422 79,558 22% Contracted services 664 81,394 12% Operating supplies & equipment 136,060 25,479 19% Total Expenditures 1,169,736 186,432 16% INA =Two 11! FA Waste Water 400,000 257,452 200,000 79,558 0 Charges for Personnel and services benefits FY2014 1st Qtr FY2015 1st Qtr 81,394 0 25,479 Aamw Contracted services Operating supplies & equipment FY2016 1st Qtr FY2017 1st Qtr Illustrated in the graph to the above, you will see the first quarter year over year trend from 2014 to present. This graphic is intended to demonstrate trend for the waste water revenue and expenditures. Most all categories are seeing an uphill direction. As the Town continues to grow so too w i l l its costs. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 20 of 172 Financial Brief —1st Quarter 2017 Y2 Cent Sales Tax Fund The Town Council adopted on Ap ril 28 , 1/2 Cent Sales taxes p 2015 Ordinance 2015.011 to amend the 1 Town Tax Code by increasing the tax rate on certain activities by one -half cent for p r y 4 ■ FY2017 1st Qtr. the new police facility. A collection of 12,040,593 w , FY2016 Collections $18,000,000 shall be collected to build Target uncollected the public safety facility and then the Town will notify the Arizona Department of Revenue to cease collection. The %2 cent sales tax revenue classification is subject to some seasonal variation and revenues are expected to approach budget in the future quarters its collection is currently 20% of its budgeted total. Sales taxes 714,069 6 1 417 20% Total Revenue 714,069 6,000,000 1,203,462 417,297 20% Ex penditure s Capital outlay - 7 147,046 85,250 2% Total Expenditure 7,092,271 147,046 85,250 2% 147,046 85,250 The graph above compares the current year's first quarter to last year's as well as the current months %2 cent sales tax revenues and expenditures. Revenues are expected to approach budget in coming quarters and similarly for expenditures as the project is initiated and constructed. Printed on Thursday, December 22, 2016 Marana Regular Council Meeting 01/03/2017 Page 21 of 172 N O 0 / m - tn. A k N N. Council - Regular Meeting Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Steve Miller, Airport Manager From: Jane Fairall, Deputy Town Attorney Date: January 3, 2017 Strategic Plan Focus Area: Commerce C1 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 7: PROMOTE THE USE OF THE MARANA AIRPORT AND INCREASE ITS VISIBILITY FOR BUSINESS DEVELOPMENT OPPORTUNITIES Subject: Resolution No. 2017 -001: Relating to Marana Regional Airport; approving and authorizing the Airport Director to execute an Apron Use Permit Agreement between the Town of Marana and Southern Arizona Sports Car Club, Inc. for a series of non- aeronautical special events at the Airport (Steve Miller) Discussion: Since 2011, the Southern Arizona Sports Car Club has used an area at the Airport, in the south portion of the ramp area, east of Runway 30, to conduct solo autocross skill driving events and driving schools pursuant to a Council- approved Apron Use Permit Agreement. Solo autocross skill driving events are timed skill driving events in which one driver at a time navigates through a temporary course marked by traffic cones with the goal of maneuvering through the course in the quickest possible time while maintaining complete control of the vehicle. In addition, the Club holds a teen driving school once per year at the Airport. The Club pays all applicable Town fees for the events, including the labor rate for an Airport employee to be present during events. The Club also maintains insurance acceptable to the Town's Airport insurer for all events. Marana Regular Council Meeting 01/03/2017 Page 22 of 172 The agreement approved by Council in 2011 for these events included 5 one -year renewals. Those renewals were exhausted as of December 31, 2016. The proposed new agreement is a continuation of the relationship between the Car Club and the Town on the same terms as provided for in the 2011 amendment with one exception. The agreement, if approved, would waive any and all applicable airport use fees for any driving school for teenaged students conducted during the term of the agreement. At this time, the agreement contemplates one driving school for the 2017 calendar year, which would mean a waiver of the $500 fee for use of the ramp. The Club would still be required to pay the labor rate for the Airport employee. The new agreement would be good for one year, through December 31, 2017, with 5 one -year renewals possible. The adopting resolution would allow the Airport Director to execute the renewals each year on the same terms as the agreement. Financial Impact: Fiscal Year: Y Budgeted Y/N: 2017 Amount: $Unknown Under the proposed agreement, the permittee shall pay the Town any and all applicable airport use fees, in the amounts established by the Comprehensive Fee Schedule adopted by the Town Council. The amount collected will ultimately depend on the number of events and days of use. Staff Recommendation: Staff recommends approval of the agreement with the car club. Suggested Motion: I move to adopt Resolution No. 2017 -001, approving and authorizing the Airport Director to execute an Apron Use Permit Agreement between the Town of Marana and Southern Arizona Sports Car Club, Inc. for a series of non - aeronautical special events at the Airport. Attachments Resolution No. 2017 -001 Exhibit A to Resolution - Apron Use Agreement Exhibit A to Agreement - Map Exhibit B to Agreement - Supplemental Regs Exhibit C to Agreement - Safety Plan Marana Regular Council Meeting 01/03/2017 Page 23 of 172 MARANA RESOLUTION NO. 2017-001 RELATING TO MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE AIRPORT DIRECTOR TO EXECUTE AN APRON USE PERMIT AGREEMENT BE- TWEEN THE TOWN OF MARANA AND SOUTHERN ARIZONA SPORTS CAR CLUB, INC. FOR A SERIES OF NON - AERONAUTICAL SPECIAL EVENTS AT THE AIRPORT WHEREAS the Town of Marana Strategic Plan III includes in the Commerce focus area a principle statement that the Town will support commerce and business by being creative and flexible in order to produce innovative solutions that exceed customer expectations, with an initiative to promote the use of the Marana Airport and increase its visibility for business development opportunities; and WHEREAS since 2011 the Southern Arizona Sports Car Club, Inc. has held non - aeronautical special event series at the Marana Regional Airport; and WHEREAS special events conducted within the town can enrich the quality of life within the community and add to the Town's economic prosperity; and WHEREAS authorization of a series of special events, such as the driving events hosted by the Southern Arizona Sports Car Club, Inc., through an Apron Use Permit Agreement is in the best interests of the town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Apron Use Permit Agreement between the Town of Marana and the Southern Arizona Sports Car Club, Inc. attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Airport Director is hereby authorized and directed 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 this resolution, including the execution of annual written renewals of the Apron Use Permit Agreement on the same terms as set forth in the agreement approved by this resolution. 00050101.DOCX /1 Marana Resolution No. 2017 -001 - 1 - Marana Regular Council Meeting 01/03/2017 Page 24 of 172 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of January, 2017. ATTEST: Jocelyn C. Bronson, Town Clerk 00050101.DOCX /1 Marana Resolution No. 2017 -001 Marana Regular Council Meeting 01/03/2017 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Page 25 of 172 Exhibit A to Marana Resolution No. 2017 -001 TOWN OF MARANA MARANA REGIONAL AIRPORT APRON USE PERMIT AGREEMENT ""OWNER'": TOWN OF MARANA 11555 W. Civic Center Drive, Bldg A -3 Marana, AZ 85653 "PERMITTEE" : SOUTHERN ARIZONA SPORTS CAR CLUB, INC. Attn: David Rock 11930 E. Settlers Trail Tucson, AZ 85749 "PERMITTED AREA": That certain real property at the Marana Regional Airport, located at 11700 W. Avra Valley Road, Marana, Arizona, consisting of an approximately 1,300 feet by 6,000 feet area in the south portion of the ramp area, east of Runway 30, within the airport fence owned by the Owner and more particularly shown as the "Ramp Area" and the "Parking" area in the location map attached to and incorporated in this Agreement as Exhibit A. In consideration of Permittee's representations and promises in this Apron Use Permit Agreement (the "Agreement "), Owner hereby gives Permittee permission to use the Permitted Area during the term of this Agreement for solo autocross skill driving events and driving schools, subject to the following representations, terms and conditions: 1. This Agreement shall be effective when it has been executed on behalf of Owner and Permittee and shall remain in effect until December 31, 2017, unless and until it is terminated (a) by mutual written agreement of Owner and Permittee or (b) by and at the sole discretion of Owner. 2. Owner may modify or terminate this Agreement at any time. Owner shall give Permittee at least 60 calendar days' written notice of modification or termination, unless Owner determines that a shorter period of notice is necessary in order to address an imminent health or safety issue. 3. Owner, at its sole discretion, may renew this Agreement for up to five consecutive one -year periods on the same terms as set forth in this Agreement, by executing a written renewal signed by Owner and Permittee. 00049818.DOC /1 Page 1 of 6 Marana Regular Council Meeting 01/03/2017 Page 26 of 172 Exhibit A to Marana Resolution No. 2017 -001 4. "Solo autocross skill driving event" means a timed skill driving event in which one driver at a time navigates through a temporary course marked by traffic cones with the goal of maneuvering through the course in the quickest possible time while maintaining complete control of the vehicle. 5. Permittee shall be permitted to use the Permitted Area on the following dates: A. The solo autocross skill driving events shall be held on the following dates in 2017: January 22, February 25 -26, March 12, April 23, May 21, June 25, July 23, August 27, September 24, October 28 -29, November 19, and December 10. B. The driving school shall be held on November 11, 2017. C. These dates and events may be modified or cancelled by mutual written agreement of Owner and Permittee or by and at the sole discretion of Owner. 6. Pursuant to Section 10 -6 -9 of the Marana Town Code, Owner hereby waives the application submittal and permit requirements described in Chapter 10 -6 of the Marana Town Code for the events and driving schools that are permitted by this Agreement. However, Permittee shall abide by the conditions for special events as described in Chapter 10 -6 of the Marana Town Code as Owner deems those conditions applicable to Permittee's activities under this Agreement. 7. During the term of this Agreement, Permittee shall use the Permitted Area only for the described solo autocross skill driving events and driving schools and for parking at those events. At all times during the term of this Agreement, Permittee shall use the Permitted Area in keeping with best safety practices for solo autocross skill driving events and driving schools, including but not limited to, the rules, regulations and procedures set forth in the latest edition of the Sports Car Club of America's National Solo Rules. 8. During the term of this Agreement, Permittee shall abide by and enforce the Marana Airport Site Supplemental Regulations, attached to and incorporated in this Agreement as Exhibit B and the Solo Event Safety Plan, attached to and incorporated in this Agreement as Exhibit C. 9. Under no circumstances may Permittee (a) use or permit the use of the Permitted Area for any purpose other than for the described solo autocross skill driving events and driving schools and for parking at those events, (b) cause or permit waste of the Permitted Area or (c) adversely affect Owner's title and rights to the Permitted Area, including any water rights or any other rights owned or claimed by Owner. 10. Permittee shall make no structural or electrical modifications, painting or other alterations to the Permitted Area. 00049818.DOC /1 Page 2 of 6 Marana Regular Council Meeting 01/03/2017 Page 27 of 172 Exhibit A to Marana Resolution No. 2017 -001 11. Payment of Fees. A. Permittee shall pay Owner any and all applicable airport use fees, in the amounts established by the Town of Marana Comprehensive Fee Schedule adopted by the Town Council and amended from time to time (the "Fee Schedule"), for each solo autocross skill driving event held conducted during the term of this Agreement. B. Owner hereby waives any and all applicable airport use fees for each driving school conducted during the term of this Agreement. C. Owner shall have at least one of its employees on site at the Marana Regional Airport during each event and driving school conducted by Permittee and Permittee shall pay the labor rate of Owner's employee in the amount established by the Fee Schedule for each solo autocross skill driving event and each driving school. D. Owner shall provide Permittee with an invoice detailing the amount due prior to each event or driving school and Permittee shall make payment at least seven calendar days in advance of the event or driving school. E. Failure of Permittee to pay the invoice in a timely manner may result in the assessment of late fees in the amount established by the Fee Schedule and/or cancellation of the event or driving school by Owner. F. Permittee shall remit payment of the invoice to: Marana Regional Airport Attn: Airport Director 11700 W. Avra Valley Road, #91 Marana, AZ 85653 12. Permittee's rights under this Agreement may not be assigned by Permittee, but Permittee's obligations under this Agreement are binding upon Permittee, its heirs, assignees and designees, and every reference to Permittee in this Agreement shall include and bind Permittee's heirs, assignees and designees. 13. Permittee agrees to defend, save, hold harmless, and indemnify Owner, 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, 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 the Permittee's errors, omissions, or negligent acts in the performance of this Agreement. The indemnification provisions set forth in this paragraph shall survive termination of this Agreement. 00049818.DOC /1 Page 3 of 6 Marana Regular Council Meeting 01/03/2017 Page 28 of 172 Exhibit A to Marana Resolution No. 2017 -001 14. Insurance. A. Permittee shall maintain commercial general liability insurance for the term of this Agreement in minimum amounts of $1,000,000.00 commercial general liability per occurrence with a minimum $5,000,000.00 general aggregate limit per occurrence and excess/ umbrella liability insurance coverage of $9,000,000.00 each occurrence/ aggregate from carriers acceptable to Owner. This insurance shall remain in force throughout the life of this Agreement. B. Owner shall be named as an "additional insured" on the commercial general liability and excess/ umbrella insurance policy C. All policies required pursuant to this paragraph shall be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against Owner, its agents, officers, officials, and employees for any claims arising out of the Permittee's use of the Permitted Area under this Agreement. D. Owner shall be given at least 30 calendar days' written notice prior to cancellation or reduction in coverage. E. Permittee shall deliver one or more certificates of insurance and endorsement(s) evidencing coverage as described in this paragraph to Owner within 15 calendar days of the execution of this Agreement and any renewal of this Agreement. F. If Permittee chooses to provide a separate certificate of insurance for each event held on the Permitted Area, Permittee shall deliver one or more certificates of insurance and endorsement(s) evidencing coverage as described in this paragraph to Owner at least seven calendar days prior to each event. G. Permittee shall also deliver new certificates of insurance and endorsement(s) each time the policy(s) is updated. H. All required certificates shall be provided to: Marana Regional Airport Attn: Airport Director 11700 W. Avra Valley Road, #91 Marana, AZ 85653 15. If Permittee causes any damage to the Permitted Area, Permittee shall promptly make and pay for the repairs necessary to restore the Permitted Area to its pre - damaged condition. At the discretion of Owner, if repairs are not initiated and completed within a reasonable length of time, but in any event within 14 calendar days after Owner gives written notice of damage to Permittee, Owner may make the repairs and bill Permittee for all costs, plus a reasonable administrative fee not to 00049818.DOC /1 Page 4 of 6 Marana Regular Council Meeting 01/03/2017 Page 29 of 172 Exhibit A to Marana Resolution No. 2017 -001 exceed 25 % of all costs. Permittee shall pay the bill within ten calendar days of receipt. 16. At the end of each day of its use of the Permitted Area, Permittee agrees that it will pick up and properly dispose of all trash and debris deposited on the Permitted Area as a result of Permittee's activities. 17. Permittee shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana and all regulations of the Federal Aviation Administration, as they may be amended from time to time. 18. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38 -511. [SIGNATURE PAGE FOLLOWS] 00049818.DOC /1 Page 5 of 6 Marana Regular Council Meeting 01/03/2017 Page 30 of 172 Exhibit A to Marana Resolution No. 2017 -001 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date of the last signature below. OWNER" PERMITTEE" TOWN OF MARANA, an Arizona SOUTHERN ARIZONA SPORTS CAR CLUB, municipal corporation INC., an Arizona non - profit corporation 0 Steve Miller, C.M. Airport Director Date: APPROVED AS TO FORM: Town Attorney ATTEST: Town Clerk Date: STATE OF ARIZONA SS County of Pima ) The foregoing instrument was acknowledged before me on 20___ by the of SOUTHERN ARIZONA SPORTS CAR CLUB, INC., an Arizona non- profit corporation, on behalf of the corporation. My commission expires: Notary Public 00049818.DOC /1 Page 6 of 6 Marana Regular Council Meeting 01/03/2017 Page 31 of 172 EXHIBIT A SCCA Event Map 111 -13 -0 W N Q h Q Itt N N CO y 1 4 Z CD Co 1 N Co O N ` ,� N , 1 N Co Z Q N Co 111 -13 -10 W 111 -13 -0 W 0 240 111 -12 -50 W 111 -12 -40 W 111 -12 -30 W 111 -12 -20 W y P T � ;A y. I t` �*r -;� �. . ' ti'� L,.� aF ! � #' TIP"'•i.. � r � •+ t - r.', ` � � f A A M� t �, 1 .. �; ... ^ ` R r * � •; .. � � r _ _ * r �`' r ` � • ■+ ° ar - •. N K y. t '{ y �ti 1 -. � p ! sa,TFa. i y , �-_�. �� o- � e�� o g x ^yt f ! y V N u Ramp re � * k + # ti W +'.. N IF y 14 r j ■ 74ii y r '4 k f! N t 4 } ti 4 . Parking + r A } u W ' a rP + r Ir F i ;. � ° r ' P� r � � i r rr ,.�7L� . • `. i ��' it •'r* P x"1•' VP� r F + AS ,�y:' F,.9 .� •.. "- � ° „� . � ui ti a .�. �F�x a ^� ` .cc �ti N -a �.' r.. � { �'� P +A e � - k�`�C S .yam.' Y r �.• 9 _' 7 �� , ,i,"• t1�4, i•+r";`pY�'7i" F YI,. ; ryiiil i }, ; • • 4 • ' ;: .. 4 * T� . e p - ' 4t p,r+pM. 1f'FI��5+1 b'� ■ .� � y A ,. - .F`y. 'srPa t 4 + �yy a ,�•o r , L g,g:a $. #"i $ •r,� �` • T w l . r • {'� C w t'p 4 t ,' M .J .�. �? P PF G�i� = dam r y I� s a L a ., ~ f '`._•. Tr p yT �ra fn • dA ay 'r R N R•' 5 ok sikt4 7 p r r 1 S f:* P"� 1 q +g k z., . � n -- --- • - - - - - - - - - - - - - - - - - - - -- r-------------- - - - - -- O - Z 111 -12 -50 W 111 -12 -40 W 111 -12 -30 W 111 -12 -20 W 480 720 m. This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. arana Keguiar Louncii ivieeting December 14, 2016 Maras a Airport Site Supplemental Re WARNING: Failure to comp with re Will resultgin. YOU bein asked to leave the event. Please take extra precautions to ensure the site is kept safe, clean and not dama in an wa We need to maintain a positive relationship with the airport so we can continue use of the site. Remind others around y ou if the appear to have for g otten the rules. Use g arba g e cans located near the paddock, g rid, and trailer. AZBR will provide boards for use with jacks and jack stands. The must be used to prevent dama to the pavement. I Site entr - do not show, up before the published g ate open time as we will be settin up the paddock and other re boundaries. 2. Participatin cars and tow vehicles shall be parked in the paddock area. as indicated on the course/site map. Park on the pavement onl Do not park on. the dirt. 3. All participants and spectators shall remain in the autocross site area. This is defined b the li pavement area (uncoated). The aircraft taxi wa on the west and north ed are of limits. The arc coated anc-1 appear darker. 4. Boards shall be used under j acks and j ack stands to prevent dama to the pavement. AZBR will provide the boards and the will be located, near the paddock area. Ask if y ou cannot find them. Please return them when. finished so the can be used at future events. 5. Cars entered for competition. shall remain on the paved area once entered until read to leave the site. This is to minimize dirt and debris that could be transferred from unpaved areas b stick tires. 6. Fluids leaked onto the pavement will. NOT be tolerated. Water (i.e. air conditioner condensation is acceptable. If y our car leaks an oil or other fluids y ou will not be allowed to run. Either fix the leak before the event or do not participate. You can g et a refund if desired up to 24 hours before the event. Contact Jeff Israel at webmaster Co)azbrscca.or If y our car leaks when y ou show up on the site y ou will not be allowed to run. The exception to this is a breaka that occurs while participatin in the event. If the leak can be repaired q uickl y off the pavement then continuin to run ma be allowed. We do understand that thin can g o wron while runnin y our car. 7. If y our car is reall loud, i.e, does not fit within the SCCA rules of I OOdb, then put a muffler on. If y ou have to q uestion whether y our car loudness is close to the limit, then put the muffler on. 8. One portable toilet will be provided (rented b AZBR). Please keep it clean. 9. The site is an active airport and an FOD (Forei Object Debri), from a Kleenex to a water bottle, is dan to the operatin aircraft and to our future use of the site. Contain y our own trash and pick up an y ou see. There will be g arba g e cans on site. Use those or take trash off site when y ou leave. 10. If an aircraft taxis on the either of the two taxi wa immediatel adjacent to the course, the event will be stopped until the aircraft is clear of the area. If y ou are in the middle of a run y ou will g et a re-run. This is not a likel scenario, but be prepared in case it happens. Marana Re Council Meetin 01/03/2017 Pa 33 of 172 Exhibit 13 SOLO EVENT SAFETY PLAN, Continued %jAFE Y PLAN S'mm" Low EV ARIZONA BORDER REGION SPORTS CAR CLUB OF AMERICA EVENT PERSONNEL Solo Events Chairman: Solo Safet Steward: Re Executive: Robert Rockefeller To be determined for each event David Rock 2. INSURANCE Certificate of Polic & Sanction number: Posted at each event SCCA Emer contact: SCCA Risk Mana 1-800-770-9994 (Pete L Risk mana report forms: Filed in trailer 3. SITE FIRST AID First aid kit located in trailer 4. SITE EMERGENCY EQUIPMENT Fire extin located at all worker stations and timin trailer. H jacks located at David Rock and Robert Rockefeller paddock sites. Wheel dollies located at timin trailer. Fire Station on 6625 North Sandario Road 5. COMMUNICATION Cell phones at event site EMERGENCY FUNCTIONS Marana Airport: 7. SOLO SITE CONTACTS SCCA Re Executive — Dave Rock Solo Director — Rob Rockefeller MARANA REGIONAL AIRPORT Mana — Steve Miller Coordinator -- Galen Seem Emer Medical Service Picture Rocks Fire District Marana Police Department (520)481-8389 (520)425-1948 0: (520)382-8051 C: (520) 977-4663 (520)437-6220 911 911 911 * Verif waiver worker position is in place at inner g ate * Verif course desi la and safet distances meet SCCA g uidelines * Review and approve site and course la with desi Solo Safet Steward(s) DRIVERS MEETING Emphasize safet related issues concernin the entire event: All participants must si insurance waiver and wear wrist band No small children or pets in g rid area Drive at walkin speed in paddock and g rid (when not on course) Slow down after exitin course Red fla procedures for drivers and course workers Course worker safet procedures Driver safet responsibilities: Stop for an safet related issue, don't wait for a red fla Pa Ill b;?a Re Council Meetin 01/03/2017 Pa 31 0114730 .Exhiffift C E C Responsible driving while off site COMPETITOR'S DNP (Did Not Follow or Finish Course) * Step the. event if required to address the situation * Direct competitor cuff course * Assist competitor with course following instructions before their next timed run SPECTATOR TRESPASSES ON COURSE Stop cars on course, and stop the event if required to address the situation Escort individual off of the course Explain site use and granted permission to use site ® Consult Solo Safety Steward before restarting event COMPETITOR'S MECHANICAL DNF (Did Not Finish due to ear problems) ® Stop the event if required to address the situation * Determine that no injury exists, or refer to "INJURY" category below * Clear car from course, clean debris if needed, replace course markings * Notify competitors if slippery condition exists Re- inspect car if competitor makes repairs and wants to make next run * Tech inspector notify timing / scoring of approval to run car Heavy rain making it difficult for competitors to stay on course: Stop event until visibility improves. Re-apply course marking if applicable o Thunderstorm or 1igh�;nir�c strike witl�in �� ��iie: �to�� event and k�rine all workers Batt of the course. Take appropriate shelter. wait 10 minutes from last near by lightning strike. o Solo Safety Steward(s) and Event Chairman will determine when to resume competition. Notify timing / scoring of approval to continue. PROPERTY DAMAGE (es required ): * Stop the event if required to address the situation Determine no injury exists, or refer to "INJURY" category below * Clear car from course, clean debris if needed, replace course markings * Notify airport if there is injury or site damage (Galen /Orville) Get all data to complete SCCA accident report Notify SCCA risk management by telephone. See separate SCCA reporting procedure Re- inspect car if competitor makes repairs and wants to make next run * Tech inspector notify timing / scoring of approval to run car * Consult Solo Safety Steward(s) before restarting event: review course and overall situation * Solo Safety Steward(s) and Event Chairman will review entrant's request to continue in the competition. Notify timing / scoring of approval to continue. INJURY (as required ): • Stop the event if required to address the situation. • Apply immediate first aid. • If more than a simple band -aid is required, follow steps listed below. Transport individual to care facility, or call for ambulance if required. Notify "Emergency Contact" as identified on competitor's registration form. Notify Emergency medical service if required (send someone to street gate to help guide vehicles in) Page I p Regular Council Meeting 01/03/2017 Page "� 4 6 "")UL0 EVENT SAFETY PLAN, Continued o Notify Police if required (send someone to street gate to help guide vehicles in) ° Notify airport (Ga|en/Oni|ka) =Get all data needed to complete SCCA accident report �Notify SCCA risk management by telephone. See separate SCCA reporting procedure Gonsult Solo Safety Steward(s) before restarting event: review course and overall Situation =Chief Safety Steward and Event Chairman will review entrant's request to continue in the competition after treatment of injur Notif timin / scorin of approval to continue, FIRE (as required): ° Stop the event if required to address the situation ° Determine that noinjury exists, or refer to^|NJURY" category above ° Use extinguishers atsite * Call Fire Department if required. (send someone to street gate, to help guide vehicles in) * Notify Police |frequired (send someone to street gate to help Quide vehicles in) " Notify airport (Bo|en/On/U\a) ° Get all data needed to complete SCCA accident report * Notify SCCA risk management by telephone. See separate SCCA reporting procedure ° Re-inspect car if competitor makes repairs and wants ho make next run = Tech inspector notify timing/scoring of approval to run car " Consult Solo SafetyStevvard(s) before restarting event: review course and overall situation OTHER (Any situation Involving Non-Entrant) Identif cate as: INJURY or PROPERTY DAMAGE. Treat situations as defined above pugex3aQfna Regular Council Meeting o1/0o/2o17 Page AZf1l4�18 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C2 Meeting Date: 01/03/2017 To: Mayor and Council From: Steven Cheslak, Senior Planner Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017 -002 Relating to Development; approving a final plat for De Anza, Lots 1 thru 265 and Common Areas "A" - Natural Undisturbed Open Space, "B" - Interceptor Channel, "C" - On -Site Active Recreation, "D" - On -Site Passive Recreation, "E" - Open Space /Public Utilities and Drainage & "F" - Coved Lot Natural Undisturbed Open Space, located west of Hartman Lane and approximately a quarter mile north of Cortaro Farms Road. (Steve Cheslak) Discussion: Request Presidio Engineering, Inc., representing Red Point Development, Inc., is requesting approval of a subdivision final plat for PRV 1608 -002, Deana, Lots 1 -265 and Common Areas "A ", 11 13 1 % " C", "D", " E " & "F". The De Anza subdivision is proposed as a single- family residential development consisting of 131.6 acres located approximately one quarter mile north of Cortaro Farms Road, west of Hartman Lane in Sections 23 and 26, Township 125, Range 12E. History On October 2, 2007, the Town Council adopted Ordinance 2007.027 which rezoned 131.6 acres of land from "C" - Large Lot Zone to "F" De Anza Specific Plan, allowing for the development of up 311 residential units. The site was envisioned to be developed as two distinct communities located on the west side of Hartman Lane. Located north of the Hardy Wash, a small subdivision with custom home sites and south of the Hardy Wash, a much larger subdivision which follows a " coving" design concept with meandering streets and irregular shaped lots resulting in a project that is not the traditional "cookie cutter" grid layout. The coved design of De Anza subdivision attempts to create a more visually appealing type of residential development that provides integrated, useable park areas and open space throughout the project. Marana Regular Council Meeting 01/03/2017 Page 37 of 172 The Planning Commission voted unanimously (6 -0) in favor of recommending approval of the preliminary plat for De Anza at its March 30, 2016 meeting. The preliminary plat was then approved by the Town Council, by the adoption of Resolution 2016-036, on April 19, 2016. Land Use The majority of the residential land within the rezoned area is planned as the De Anza subdivision with 251 lots ranging in size from 5,348 square feet to 18,130 square feet with an average size of 8,007 square feet. The northern portion of the project, known as De Anza Estates, is a custom home subdivision with 14 lots on a cul de sac street with an average lot size of 43,654 square feet. The estate lots will have a defined grading envelope and be limited to 20,000 square feet of disturbance. The proposed overall density of the project is 1.99 residences per acre. All of the De Anza residential development will comply with the Town of Marana Residential Design Standards per the Town of Marana Land Development Code, Title 8, Section 06.08 except where indicated in the design guidelines and architectural guidelines provided in the De Anza Specific Plan. The Specific Plan also restricts homes to one story that directly abut the Cortaro Ranch Subdivision as well as all homes in De Anza Estates. Access and Circulation Primary access to the De Anza subdivision is proposed at two locations off of Hartman Lane with a main, divided entrance. Emergency access will be located in the southwest portion of the project. De Anza Estates will access Hartman Lane at one location which aligns with an existing street intersection on the east side of the road. All streets in both subdivisions will be dedicated as public right -of -way. A design exception to the Town of Marana Subdivision Street Standards was included as part of the Specific Plan. Under this exception, the interior streets were permitted to have a 36' right of way (16' travel lanes and 2' rolled curbs) and 14' public utility and pedestrian access easements on both sides of the road. The right of way accommodates the Town's requirements for the physical roadway improvements and easements to accommodate pedestrian access, public utility installation and roadway signage and maintenance. The curving streets feature trees adjacent to the roadway and small, landscaped chicanes in the main portion of the spine road to enhance the streetscape. The dedication of a 46 foot wide public right -of -way has been provided on the western boundary of the De Anza project property for the future location of Joplin Lane along the Tucson Electric Power (TEP) easement. Currently, local area residents, east of Interstate 10 and north of Cortaro Road, use the TEP easement to gain access to their properties from Cortaro Road. TEP has indicated they will not maintain this access when they install a second transmission line in the future. The ability to access Cortaro Road will be the responsibility of the developer of the Village Center at Cortaro Ranch commercial area through their property when development occurs. Infrastructure and Utilities Several engineering features will be required in order to control surface drainage and sheet flow conditions affecting this project. The primary engineering feature used to mitigate floodplain conditions on this property will be an interceptor channel with a soil cement bottom along the north boundary of the De Anza subdivision. The purpose of the interceptor channel will be to Marana Regular Council Meeting 01/03/2017 Page 38 of 172 collect and convey flows emanating from Hardy Wash. The alignment of the channel will follow the northern boundary of De Anza subdivision for a total distance of approximately 1900 feet. This improvement will remove over forty homes in the Cortaro Farms subdivision from the floodplain which means these homeowners will no longer have to purchase flood insurance. Water service will be provided to De Anza by the Town of Marana. The developer will be responsible for the design and construction of all on -site and off -site water infrastructure required to serve potable water and fire protection to the development. A water service agreement, as well as an approved plan for the water distribution system will be required. Sewer service will be provided by Pima County and septic systems will be used in the estate lots. The electric and gas services will be provided by Tucson Electric Power and Southwest Gas. Staff Recommendation: Staff recommends approval of PRV 1608 -002, a final plat for De Anza, Lots 1 thru 265 and Common Areas "A" "B" "C" "D" "E" and "F" Suggested Motion: I move to adopt Resolution No. 2017 -002, approving the final plat for De Anza, Lots 1 thru 265 and Common Areas "A" "B" "C" "D" "E" and "F ". Attachments Resolution No. 2017 -002 De Anza Final Plat Application Location Map Marana Regular Council Meeting 01/03/2017 Page 39 of 172 MARANA RESOLUTION NO. 2017-002 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR DE ANZA, LOTS 1 THRU 265 AND COMMON AREAS "A "- NATURAL UNDISTURBED OPEN SPACE, "B"- INTERCEPTOR CHANNEL, "C " -ON -SITE ACTIVE RECREATION, "D " -ON -SITE PASSIVE RECREATION, "E" -OPEN SPACE /PUBLIC UTILITIES AND DRAINAGE, & "F"- COVED LOT NATURAL UNDISTURBED OPEN SPACE, LOCATED WEST OF HARTMAN LANE AND APPROXIMATELY ONE QUARTER MILE NORTH OF CORTARO FARMS ROAD WHEREAS the De Anza Specific Plan was approved by the Town Council on October 7, 2007 by the adoption of Ordinance No. 2007.027; and WHEREAS Presidio Engineering, Inc., on behalf of the owners, has applied for approval of a final plat for De Anza, Lots 1 thru 265, and Common Areas "A "- Natural Undisturbed Open Space, "B "- Interceptor Channel, "C " -On -site Active Recreation, "D " -On -site Passive Recreation, "E" -Open Space /Public Utilities and Drainage, & "F" -Coved Lot Natural Undisturbed Open Space, located west of Hartman Lane and approximately one quarter mile north of Cortaro Farms Road, within Sections 23 and 26, Township 12 South, Range 12 East; and WHEREAS the Marana Mayor and Town Council at the regularly scheduled meeting on January 3, 2016 determined that the final plat for De Anza, Lots 1 thru 265, and Common Areas "A "- Natural Undisturbed Open Space, "B "- Interceptor Channel, "C " -On -site Active Recreation, "D " -On -site Passive Recreation, "E" -Open Space /Public Utilities and Drainage, & "F" -Coved Lot Natural Undisturbed Open Space should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for De Anza, Lots 1 thru 265, and Common Areas "A "- Natural Undisturbed Open Space, "B "- Interceptor Channel, "C " -On -site Active Recreation, "D "- On -site Passive Recreation, "E" -Open Space /Public Utilities and Drainage, & "F" -Coved Lot Natural Undisturbed Open Space is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of January, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2017 -002 Marana Regular Council Meeting 01/03/2017 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 12/22/2016 3:35 PM Page 40 of 172 NOTES I. THE GROSS AREA OF THE SUBDIVISION Is 131.59t ACRES, (5,731,9.93 s.F. ): 2. THE EXISTING ZONING IS '*r .(DEANZA SPECIFIC PLAN, KZ-05113 & ORDINANCE NO. 2007+27) 3. THE NUMBER OF RESIDENTIAL LETS FOR THIS PROJECT Is 265 AND 1S COMPRISED of 251 COVED Lois AND 14 RESIDENCES PER ACRE (RAC). 4. TOTAf. MILES OF NEW PUBUC STREEtS IS 1.81 MiLES4rNPR0VffV), JOPUN LA1 MOT TO 5. THE MINIMUM. ALLOWA81.E LET SIZE FOR THE COVED LOTS IS: 4 S.F. AND THE WNIMUM SIZE FOR THE ESTATE 6. LOT SIZES A. COVED. LOTS (LOTS 1 -251 M NNUM LOT SIZE SOWED: 4,500 S1. MINIMUM LOT SIZE PROVIDED: 5,348 S, F* AVERAGE LOT SIZE P a t 8 ,007 S. F . MAXI MUM LOT SIZE PRIDED: 1 8,130 &F: ESTATE LOTS (LOTS 252 -265) MINIMUM LOT SIZE AWE : AGN Sl� MINIMUM LOT SIZE PROVIDED: 37 S. F. AVERAGE LOT SIZE PROBED: 43,654 &F. MAX LOT SIZE PRODDED: 58,188 S.. THE MAXIMUM ALLOWS BUILDING HEIGHT IS 28 8 . BU:LGNO SECKS: A. COVED LOTS: FRONT YARD MAN STRUCTURE: 5' # FRONT L OADING G "Gt 2" SIDE LOADING GARAGE: ' SIDE YARD a 5 MIN STREET SIDE. ' REAR YARD jo 5' MINIMUM B . E STATE LOTS FRONT YARD 30 SIDE YARD ' MINIMUM * STREET SID 2' REAR YARD f 9. PARKING PROVSONS INUDE -TWO (2) ON—SITE PARKING SPACES FOR EACH LOT, TOTAt. PROVIDED: 2 X 265 =X30 SRACES. 10, T D ILL CO VATH SECTION 08:06 (RESIDENTIAL osicN sTMDWDs) OF THE MARANA LAND SPECIFIC FLAB, PAZ- 05113. ❑EASEMENT /RIGHT- OF- WAYKEYNOTES (MASTER LIST) ? , 1. 10' PRIVATE HOA PEDESTRIAN PATH /SIDEWALK EASEMENT BY FINAL PLAT. 2. 1' VEHICULAR NO ACCESS EASEMENT BY FINAL PLAT. 3. 20' PUBLIC SEWER EASEMENT BY FINAL PLAT. 4. 20' EXCLUSIVE PUBLIC WATER EASEMENT BY FINAL PLAT. 5. 20' EMERGENCY ACCESS EASEMENT BY FINAL PLAT. 6. 16' PUBLIC PEDESTRIAN PATH EASEMENT BY FINAL PLAT. 7. PRIVATE DRAINAGE EASEMENT FOR THE BENEFIT OF LOTS 252 -265 BY FINA WIDTH VARIES. 8. PUBLIC DRAINAGE EASEMENT BY FINAL PLAT COINCIDENT WITH THE LIMITS 01 AREA "B WIDTH VARIES. 9, PUBLIC SEWER EASEMENT BY FINAL PLAT. 10. 14' PUBLIC UTILITY, ROADWAY MAINTENANCE AND SIGNAGE EASEMENT BY FIN 17. 14' PUBLIC UTILITY, ROADWAY MAINTENANCE, SIGNAGE AND PRIVATE NOA PE[ PATH/SIDEWALK EASEMENT BY FINAL PLAT. 12, 15` PRIVATE SEWER EASEMENT FOR THE HC5 FOR LOT 211, BY FINAL PLAT 13. 10' ELECTRIC EASEMENT TO TUCSON ELECTRIC POWER, BY FINAL PLAT. • s s • r w •oewoe o w r use � �ra•� �w� a °� s i �•� ° s•aa�•� 'we* ro 06 SW* COR. SEC. 2 NW. COR, SEC. 26 2" OPEN PIPE WITH C NAIL IN CENTER' 772.69' 0. 60.46' o •• •�••w � • pew•rs •ass • • 0~:** 00* Pa*" 0 e••sb 0 a Maas ` 00 2" REBAR 2: �� 0 /- � • w •o s •s•M el rraaa PE 707 AT FENCE CORNER Tkooll In" W W I N W tA W 1 W Moir lied ipoo i • E iiYS� � i ®1•bf 10, ot L"L-4 19, 10 1. 0 6 0 aamaa "esr a p 00 G , s 0 r a r%L A li%n t-tr-r% A r% s^ -Y e% A r- ,990M igg-LICL 3 ug I j90*00 N > .s atsmr all; 81189 S. t�.\ to W-1 0 4r *0 0 • 0 00 *004 *a 40 0# 410 0 0 00** 1 9 254E N 89'49'41 cn FEMA ZC w a ME w m AMIL ul fi� CD9 co � 6r'9 >> z c S �� y � 81643 06 1 * xo� 8,899 S.F. j3s ��� �o� t 'IST. 30" INGRESS, EGRESS AND UTILITY EASEMENT A PER DKT. 7081, PG, 353; a won DKT. 9825, PG, 3186 AND DKT. 12387, PG. 5841 END 1/4 COR. ALUM. CAP PIN LS 7599 N 00008'54" W 45.00' '*,--FND 1/2" REBAR LS 36715 a -- **��EXIST. 40' PUBLIC SEWER EXIST. 30' INGRESS, EGRESS AND UTILIT PER DKT. 7081, PG. 353-) DKT. 9825, PG. 3186 AND DKT- 12387, 4 EASEMENT PER DKT. 11578, PG. 1048 AND DKT. 11715, PG. 559 UO) 0. co A �« Yom O O ! A r • O � r • � O r �rlA ! �a erro lots s o a�e �► s � or #' r • • Door L 11 Li C-Aiv 40 A;j :•�& � o , a +� r a r,w . � - ..em �........ ..��. .n��ia .e.a. ,,. a- ....�... a� e.�<. v-. .n - �.,, -.. t...w.�.•�.,.wwr - -. x ..rv� a....?.r . ... .. .... tu 6� <r NOT afoff UL 2a � Z2 * NP d. C14 0 co 49 cOO-61 L • It 6 Aft U an* w • tD N Alt Anh, UFI i n 2a � Z2 * NP d. C14 0 co 49 cOO-61 L '. CU DA T 732.01 (MASTER UST) (MASTER LIST) LENGTH ............. ............. ............ �► w► . s : . .................. LENGTH wF ..;�. r .. �;. f 732.0�- ............... '"' � • is • If� JAI : ............ .... 400*00 22002 99.04 400#00" 226,9 42*45' 28*53* ---- — ---------- ---- C69 270,10 203*0A 750*00 46*52'08 C72 ` 1 00'034 35 350.00' *..� ............ .......... 28*24 4 585*00 25#19 54 800*00 . ... ...... 800000 60#59 32 y - 73*55 02 32*25 45 92*44 48 185#00' 1400#00' 258682* 450*00 32 *57'17" 3*63 430000 - -- - Al 0*29 03 46loO7 430.00 428*25' 430*00 5rO3 46 350.00" CURVE DATA TAB 732.01 (MASTER UST) 0 �w i ■r r LENGTH ............. C77 i C57 25*0 f 732.0�- ............... '"' � • is 1 732.01 ....... ...... 52,645' 732* 0 C77 52,645 52*45 732.0�- '"' � • is 1 33,3 JAI : ............ .... 732*0i 22002 203*01 42*45' C69 203*0A 44*43 .................... C72 ` 732.01 ....... ...... 52,645' 732* 0 C77 52,645 52*45 732.0�- 732*91, C80 732*01 ............ .... 732*0i CURVE DATA TABLE (MASTER LIST) NUMBER LENGTH RADIUS DELTA C427 56.95' 486.18' 6'4242" C428 27.72' 263.00' 6'02'18" C429 296.38' 203.00' 83'39'10" C430 598.79' 732.00' 46'52'08" C431. 628.24' 768.00' 46'5208" C432 243.82' 167.00' 83'39'10" C433 228.31' 468.00' 2 C434 855.57' 412.00' 118'58'57" C435 273.41' 432.00 367544" C436 364.10' 223.00 93'32'51" C437 305.32' 187,900* 93'3251 C438 399a23 448.00 5 ° C439 293.15' 167.00' 100'34'35" C440 356.34' 203.00 10034'35" C441 195.46' 368.00' 30'25'53" C442 456.33' 332.00' 78'45'09" C443 405.39' 448.00' 51'50'49" C444 229.64' 368.00' 35'45'16" C445 855,57" 412.00 118'58'57" C446 189.44' 382.00' 28'24'47 C447 207.29' 418.00 28'24'47 C448 266.60' 603.00' 25'19'54" C449 250.68' 567.00' 25'19'54" C450 362.29' 782.00' 26'32'40" C451 259.56' 1418.00 10'29'16' CU D ATA T I i (MASTER LIST) I i I NUMBER saw BEARING I DIS PF1 N I I E 1: PF2 I I 5979'12" E F PF3 N 78'42'31 E 4 PF4 S 89'3539" E 2. PF5 N 82'33'22 E 368*00' PF6 S 8 E 1; I r I N 86'57'30" E f PF8 N 73'1207" E 1. PF9 N a. l IP a LINE DATA TABLE (MASTER LIST) NUMBER BEARING DIS PF1 N 83'22'02 E 1: PF2 N 5979'12" E F PF3 N 78'42'31 E 4 PF4 S 89'3539" E 2. PF5 N 82'33'22 E 2 1 . PF6 S 8 E 1; PF7 N 86'57'30" E f PF8 N 73'1207" E 1. PF9 N 60'48'44" E f IL l: �. w A, fi �� MARANA =/ Development Services l D ianning2rnarangazgo v 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382 -2600 / Fax (520) 382 -2641 / maran aaz.aov _.� PROJE APPLICATION t CA I ' t t a y Project Name: De Anza Description of Project: Single Family Detached Residential Parcel No.(s): See attached Project Address: 5914 W 1 -10- Frontage Road Ref. Project No.: PRV 1505 -001 Owner. See attached Address: Email: Applicant: Red Point Development Address: 8710 N. Thornydale Road Suite #120 Email: 1 kreis@ re d pc i ntclevel o pment . com Consuftant /Engineer: Presidio Engineering, Inc. Address: 190S. Stratford Dr. Suite #105 Email: tanyaLdpresidioengineenng.com City: Tucson _ State: AZ `Zip: 85716 Phone No.: (520) 795 -7255 I, the undersigned, certify that all of the facts set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been ,authorized In writ by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Larry Kreis - -.10 -111� Applicant N arne (PRINT) S. r� Iu� e Date FOR OFFICIAL USE • P rojec t No. .. � �� Date Pt c eiv ed_��� . L3 Anneatior� " �.. ❑ Rezone L1 Spec -fir: Plon L3 General Plan Amendment: ❑ Preliminary Plat L3 Final Plot ❑ Significant Lcnd: Use Change L3 Minor Land Division ❑ Variance ❑ De velopment Plan ❑ Development Plan Package ❑ bedi cations / Easements ❑ Lic. Agreement. 0 Landscape Plan E3 Conditional Use Permit ❑ Report (Type): ❑ SWPP ❑ Native Plant Plan ❑ Native Plant Exception ❑ other. ❑ Improvement Plan (Type): Revi sion± Do to 6/) 7/2016 Contact Name: Number of Lots: 265 Gross Area (Acres): 133 +1 - City: State: Zip: Phone No.: Contact Name: Larry Kreis City; Tucson State: Az Zip: 85742 Phone No.: (520) 408 -2300 Contact Name: Tanya Washington i Marana Regular Council Meeting 01/03/2017 Page 59 of 172 Tax Parcel Nos. 221 -06 -0320, 221 -19 -0040, 221-19-0050, 221 -19 -0060 and 221 -19 -0070. Property Owners: Fidelity National Title Agency, Inc. Trust Nos. 60,104 and 30,199 ATTN: Marty Hill 6245 E. Broadway Blvd., Suite 180 Tucson, AZ 85711 (520) 751 -2970 Kai - Hartman Lane, LLC ATTN: Sidney Lex Felker PO Box 2305 Cortaro, AZ 85652 -2305 Marana Regular Council Meeting 01/03/2017 Page 60 of 172 Location Ma I i � ` f y �ti Case Number: PRV1608-002 r i s ■ k ind i "WOW, I ♦Il 111 r art man. V w Z ?rt FL ILI A J -J-.' �?i� i , �� l � 1 rrrrrm - -'l T i tle: DeAnza Re Approval of a final plat for DeAnza, Lots 1-265 and Common Areas 'A Marana Re Council Meetin 01/03/2017 N O 0 / m - tn. A k N N. Council - Regular Meeting Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Keith Brann, Town Engineer From: Gus Myers, Engineering Technician Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable C3 Subject: Resolution No. 2017 -003: Relating to Development; approving a release of assurances for the Willow Vista subdivision and accepting public improvements for maintenance (Keith Brann) Discussion: Willow Vista is a 30.6 acre subdivision located south of Cortaro Farms Road and east of Sandy Desert Trail, containing lots 1 -69 and common areas 'A' and 'B', and is recorded at the Pima County Assessor's Office at Sequence Number 20153240274. The Town has an Assurance Agreement assuring the completion of public improvements. The subdivider has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement. Staff Recommendation: Staff recommends adoption of Resolution No. 2017 -003, approving a release of assurances for the Willow Vista subdivision and accepting public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2017 -003, approving a release of assurances for the Willow Vista subdivision and accepting public improvements for maintenance. Attachments Resolution No. 2017 -003 Marana Regular Council Meeting 01/03/2017 Page 62 of 172 Willow Vista map Marana Regular Council Meeting 01/03/2017 Page 63 of 172 MARANA RESOLUTION NO. 2017-003 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR THE WILLOW VISTA SUBDIVISION AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS the `Final Plat for Willow Vista Lots 1 — 69 C.A. "A" (NUOS) and C.A. "B" (Open Space)' (the "Willow Vista subdivision ") was recorded in the Pima County Recorder's Office on November 20, 2015, at Sequence 20153240274; and WHEREAS the Town has a third party trust substitute assurance agreement (the "Assurance Agreement ") with Richmond American Homes of Arizona, Inc. (the "Subdivider ") and Fidelity National Title Agency, Inc., under Trust No. 60,449, recorded in the Pima County Recorder's office on December 11, 2015, at Sequence 20153450033, assuring the completion of public improvements for the Willow Vista subdivision; and WHEREAS the Subdivider has completed the public improvements for the Willow Vista subdivision acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Assurance Agreement is hereby released. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.95 miles of the following paved streets as shown on the plat of the Willow Vista subdivision: • Willow Wind Way • Willow Wind Place • Willow Ridge Place • Willow Vista Court • Willow Blossom Place Section 3. The Town accepts for maintenance a potable water system including approximately 3,200 linear feet of potable water line, water meters, valves, fire hydrants and appurtenances with an estimated value of $235,670, within the Willow Vista subdivision. 00050127.DOCX /1 Marana Resolution No. 2017 -003 - 1 - 12/23/2016 11:09 AM Marana Regular Council Meeting 01/03/2017 Page 64 of 172 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of January, 2017. ATTEST: Jocelyn C. Bronson, Town Clerk 00050127.DOCX /1 Marana Resolution No. 2017 -003 Marana Regular Council Meeting 01/03/2017 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 12/23/2016 11:09 AM Page 65 of 172 L awm&=p . 9L%LL Wlwy LrA APO E'er 4� }7�w-cr1R1 P" To W JOCiVA W I Ar ODYMICNx Sri 1tiRTLt a (A m Acaff mygi w 2ML omxw nr IUMO Or TK fi OW ANY QNE P PVMW r NJ M OrMl LW AAV LE'M -.S AMID MALL PM]''" ?A%rCr CA= PAR BY W DMOMT OW MF AMrA,rFIS ZAN ANOPOT Or Abf SU nMnrrM 1 10- CCR MWrW ALL ST s 40 FM IK ¢A zEWZ.5 op IL Vw rs W I* Oy NM per 3 OM AV V WWW F HEIr GD1T W. MR CO SAT- brjL F I-rA Wj cfij&M F1] * SH # i Be OVA= YD w owC rt 4 t'f PLAU Of IW 0C1IWACtR - S "-ow 1t! 1'F PG +9."dgq, HAUA AM %" V A,',' WATER fia"O FOR O AC" �'C WYFJ?1;k OF XIC TkOd CPM_'=79E'JO'r ASRVITY. 5. ALL OR&W MATERIAL SHALL BE REMOVED WYNN THE CLEARING LIMITS FOR NECESSARY GRADING 10 A DEPTH OF SIK (6) INCHES AND HAULED FROM THE SITE PRIOR To GRADING, 6 9r" 5YALL X CO45 'TP rD 00 eM O. rj�C7 GF n4 W PAD VA.1106 AS SaA r'M $1' 175€ [kQMMD S pT r% AMO Ia 6 . AiVS qj U ag 0OAM7KCFW M WTMN M} LP !Ua OF •Eimer "-ePAX AS SAP BY 7. COMPACTION IN ALL AREAS SHALL BE TO A MINNUM O' 95% OF THE MAXMN DENSITY AS OCTERMIWED TO AASHTO DESIGNATION T-99, METHOD A. THOSE AREAS TO RECEIVE FRZ ARE TO RE 9UWlM M A W M Cr rla E (FA) aPk,C+ F TO THE PROPER MOISTURE 02FI 1rI' AM D51FAC70 M TK A F ME err; IPE AP-r S"CE OF FILL MATERIAL ILL Dr APPMO SIT iW ONO M M 0N4JD9CDaNT OF WORK TESTS OF FILL MMA ww MIL ar Dow A P m M71111EIT s omm a WE MMWACM StMU BE ;OPMW FW K CAW, Ai11 OETNAN CF- REPA OR TEIRAOND OF DWW AMWWW3 JN tW WW AW WtCH HAVE BEEN REMOVED OR O UW " OF C0yTW =K AU RW REPLACEMENT; OR aEMUP 9. A V T CF S CIS FjQ TTQrI* J W MAC bFO2 CK5 10. ALL PAYING AND GRADING IMPROVEMENTS SHALL BE IN ACCORDANCE WTH JOINT PIMA COUNTY /PTY OF TUCSON STANDARD SPF0nC T*VS AND DETAILS FOR PU8L1C IMPROVEA04n,, CURRENT EDITION. I1, ALL SLOPES MHICH ARE STEEPER THAN 31 MILL BE PROTECTED MITN 6' OIAkEr& (MINIMUM) ROCK RIP -RAP OR CONCRETE BAW PROTECTION. 12 A COPY OF THE APPROVED PLAN AND GRADING PERMIT SMALL BE KEPT IN AN EASILY ACCESSIBLE LOCATION ON THE SITE AT ALL TIMES DWNG CONSTRUCTION. 13E ALL REVISIONS TO THESE PLANS MUST BE APPROVED BY THE MARANA TOWN ENGINEER PRIOR TO CONSTRUCTION. 14 CONTRACTOR SHALL REFER TO STORM WATER PODUTION PREVENTION PLANS TO CONTROL SED0IMT POLLUTION DURING GRADING OPERATIONS. IS, IF ANY HUMAN R04AINS OR FUNERARY ITEMS ARE DISCOVERED DURING CONSTRUCTION, OR AT ANY TIME; ALL WORK MUST STOP IN THE AREA OF THE REMAINS AND THE REPATRIATION COORDINATOR OF THE ARIZONA STATE MUSEUM SHALL BE IMIMETNA TEL Y CONTACTED AT (520) 621 -4795 PURSUANT TO A.R.S. 41 -86. 16. DEWIOPER MILL COVENANT TO HOLD TOW OF MARANA. ITS SUCCESSORS AND ASSIGNS HARMLESS IN ONE EVENT OF FLOODING: 17 DRAINAGE MILL NOT BE ALTERED, DIST M0. OR OBSTRUCTO WTHOUT THE APPROVAL OF THE MAP-ANA TOW COUNCIL 20. ALL SIDEWALK 94ALL CONFORM TO PC /COT SD 200, (REVISED 2012) 21. ALL MIRK SHALL CONFORM TO TITLE 19, STANDARDS FOR GRADING AND RELATED SITE WORK, OF THE TOW OF MARANA LAND DEWIO°MENT COOS 2Z ALL AGGREGATE BASE COURSE SHALL CONFORM TO SECTION 303 OF THE PIMA COUNTY CITY OF TUCSON STANDARD SPEWICATIONS AND STANDARD DETAILS FOR PUBLIC IMPROVEMENTS (PC /COT SSPI) LATEST EDITION. 21 IT STALL 6E THE CONTRACTORS RESPONSI5NLTTY TO FURNISH, HAUL AND APPLY ALL (WATER REQUIRED FOR CQMWACTION AND FOR THE CONTROL OF DUST FROM CONSTRUCTION ACTIVITY. 24. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO FULLY COMPLY NIT! THE ARIZONA POLLUTANT DISCHARGE aJUWATICN SYSTEM CONSTRUCTION GENERAL PERMIT IN ACCORDANCE WTH RE STORMWATER POLLUTION PREVENTION PLAN SUBMITTED FOP THIS PRO.ECT. 25. THE CONTRACTOR AND ALL SUBCONTRACTORS 94ALL OBTAIN A TOWN OF MARANA BUSINESS LICENSE PRIOR TO COMMENCEMENT OF ANY MW. 26 THE CONTRACTOR SHALL OBTAIN A TOW OF MARANA RIGHT OF WAY PERMIT AT THEIR COST AND SCHEDULE A PRE - CONSTRUCTION CONFERENCE KITH TITHE TOWN OF MARANA RIGHT OF WAY INSPECTOR PRJOR TO COMMENCEMENT OF ANY MtAK MIR0 THE PUBLIC RIGHT OF WAY 27. THE CONTRACTOR SHALL SUBMIT TO THE TOW OF MARANA A TRAFFIC CONTROL PLAN FOR EACH PHASE OF THE WORK A MMMRMMUM OF SEVEN (7) OMKWG DAYS PRIOR TO COMMENCEMENT OF ANY MARK WTHIN THE PEABLIC RIGHT OF WAY. THE CONTRACTOR SHALL HAVE ON SITL~ AT ALL TRAFFIC CONTROL PLANS ACCEPTED (STAMPED) BY THE TM OF MARANA FOR ALL "K BEING PERFORMED MITNMN THE PUBLIC RIGHT OF WAY. 28. BA95 OF 6ICARl1VG BEARING BETREE N FOUND MONUMENTS AT CENTERLINE OF CORTARO FARMS ROAD AS 940M dN BK 63 MAP AT PAGE a SAID BEARING BETNQ N 894o E 29. BASIS OF ELEVA TTON.• PCHO 'CORT 5 +' CHISELED ON EAST RIM SEWER MANHOLE +/- 49' NEST AND 118' SOUTH OF EY CORNER SECTION 25. AS SHOWN ON RABLIC PAVING AND SEER PLANS MILLOW RIDGE COMMONS 0- 200 -180. SAID ELEVATION BEING.' ZJO0.28 (NANO 88) BLOCK 'B` W9LLOW RIDGE BLOCK PLAT BLOCK 6 BK 60, PG 22 M &P NC ZONING r2T- r5 -23A - A GENERAL PA VTNG NO TES: (CON 7INUED) 30. BLUE RAISED PA V>=MMENT MARKERS SHALL BE PLACED ADJACENT TO FIRE HYDRANTS AS SHOWN ON SHEET NO. 7 -1 OF THE LATEST EDITION PC /COT PAVEMENT HARKING DESGN MANUAL 3I- IT SHALL BE THE RE- PONSIBILITY OF TIE OPERATOR(S) TO FULLY COMPLY W714 THE ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM CONSTRUCTION GENERAL PERMIT, IN ACCORDANCE WITH THE STORMWATER POLLUTION PREVENTION PLAN (SMPPP) DEVELOPED FOR THIS PROJECT. PUBLIC PA VlNG PLANS FOR WILLOW VISTA LOTS ] — 69 AND C.A. "A" (NUOS), C.A. "B" (OPEN SPACE) f e m- .0-f" ,t EINSUBDIWOED P -144 70N)Nr. ACCEPTANCE BY- I — Jam..P- S gr A& 1 13 wkim rkiffisoa rtm I01 Iz,I3/�s NCM11M FWE DIS WT DATE ASSUMPTIONS: 20% SHRINK ON FYI!_ AREAS SHEET INDEX SHEET 1: COVER SHEET AND LOCATIO>tM PLAN ESTIMATE DOES NOT INCLUDE UTILITY tNSTA[LAAON GENERATED EARTHWORK. SHEET 2 - PUBLI PAVING PLANS PRVI508 -001 SHEET 6; PUULIC PAYING " DETANS AND CURW TABLE REF PCZ1408 -001 EARTHWORK QUAN7171ES SHOW ARE FOR ENC VEERS ESTIMATE & PO MITTING ONLY ALL PRV-04124 CONTRACTORS SHALL CONDUCT AND BASE THEIR BID ON THEIR OW EARTHWORK ANALYSIS SHEET 7• SI0WG AND STRMPM PLAN AND DETAILS E ?Ncg m- 005 PRV- 015160 PUBLIC VIN PLANS MWYN V?STA, LOTS '1-69, CA "A' AND CA "B" OF P ERRY m �".s� l i LOCATED IN A aF =Km M�� ��' �� • � & SALT � ENGINEERING 505 W NETMORE IRD. . � . - , Dm sY Ca l D 13 �+Yd 1►+ _ - �: - �F _ r u� N r� T�AM% AZ as705 D1CT1 ry 4 g 1011 PERRYETVA h►GPEf — ! I., -..� arm ar 14L1y +wrD er � — PROJECT 140401PA WNC �iI ., lr=lmk • 'OEMs FR CT w�1 pw 4 3 ' 31 A " " OF M SCUWAST r/* ar WC&N 256 KMKW 12 MR 0 Fir or I'K #A AMIf,F W F KOM Y4 MARANA, ANUMNA SCALE- 3" • I MILE LEGEND N SCALE: 1' =100' 0 100 OWERI'DEVELOPER HEATER WVESTA E'NT5� INC. 401K PSP 7486 N SECRET CANYON OR TUCSON, AZ 85718 PHONE: 520 -742 -6750 505 WEST NETMGIRE ROAD TUCSON, AZ 857x5 CONTACT: KEN PERRY, P.E. PHONE 520 - 620 -9870 EXHIBIT A DRANALE FLOW DMRECTTON PROPOSED SPOT ELEVATION ( +2200) w53.57 Elf. SPOT ELEVATION SIGN NEW PAVEMENT HANDRACED ROCK REP -RAP ( TO BE USED ON ALL t T SLOPES ) _ GROUTED ROW RAP -RAP ( TO BE USED ON ALL T:1 SLOPES } EX57WG PONERPOLE - W - ETC WATER LINE Q EX WATER METER - 0 - EX GAS L#AE -5— IX SFNER LANE NTH MANHOLE -S -0 NEW S `KR LINE KITH MANHOLE AND FLOW ARROW 2500 -- EA75TWG CONTOUR (C(. =1) r Y5W — PROPOSED CONTOUR (C.I. =2 ) PROPERTY BOUNDARY — STREET CENTERLINE OR CONSTRUCTION CENTERLINE - - -� F93 rm r -0- NEW FIRE HYDRANT — — — — NEW EASEMENT LINE (AS NOTED) - -_-_- SAWMI O EXIST. EDGE OF PAVEMENT N.V.A E ILO ASS a+KT TO BE GRANTED BY FINAL PLAT P.U.E. PUBLIC UTILITY EASEMENT EPJ EDGE OF PAVEMENT CURVE NUMBER LOTS REQUIRING BACKWATER VALVES [} SHEET NUMBER INDICATOR * CORNER LOT DRIVEWAY LOCATION ACCEPTANCE BY- I — Jam..P- S gr A& 1 13 wkim rkiffisoa rtm I01 Iz,I3/�s NCM11M FWE DIS WT DATE ASSUMPTIONS: 20% SHRINK ON FYI!_ AREAS SHEET INDEX SHEET 1: COVER SHEET AND LOCATIO>tM PLAN ESTIMATE DOES NOT INCLUDE UTILITY tNSTA[LAAON GENERATED EARTHWORK. SHEET 2 - PUBLI PAVING PLANS PRVI508 -001 SHEET 6; PUULIC PAYING " DETANS AND CURW TABLE REF PCZ1408 -001 EARTHWORK QUAN7171ES SHOW ARE FOR ENC VEERS ESTIMATE & PO MITTING ONLY ALL PRV-04124 CONTRACTORS SHALL CONDUCT AND BASE THEIR BID ON THEIR OW EARTHWORK ANALYSIS SHEET 7• SI0WG AND STRMPM PLAN AND DETAILS E ?Ncg m- 005 PRV- 015160 PUBLIC VIN PLANS MWYN V?STA, LOTS '1-69, CA "A' AND CA "B" OF P ERRY m �".s� l i LOCATED IN A aF =Km M�� ��' �� • � & SALT � ENGINEERING 505 W NETMORE IRD. . � . - , Dm sY Ca l D 13 �+Yd 1►+ _ - �: - �F _ r u� N r� T�AM% AZ as705 D1CT1 ry 4 g 1011 PERRYETVA h►GPEf — ! I., -..� arm ar 14L1y +wrD er � — PROJECT 140401PA WNC �iI ., lr=lmk • 'OEMs FR CT w�1 pw 4 3 ' 31 A " " OF M SCUWAST r/* ar WC&N 256 KMKW 12 MR 0 Fir or I'K #A AMIf,F W F KOM Y4 MARANA, ANUMNA SCALE- 3" • I MILE LEGEND N SCALE: 1' =100' 0 100 OWERI'DEVELOPER HEATER WVESTA E'NT5� INC. 401K PSP 7486 N SECRET CANYON OR TUCSON, AZ 85718 PHONE: 520 -742 -6750 505 WEST NETMGIRE ROAD TUCSON, AZ 857x5 CONTACT: KEN PERRY, P.E. PHONE 520 - 620 -9870 EXHIBIT A N O 0 / m - tn. A k 4 0 Council - Regular Meeting C4 Meeting Date: 01/03/2017 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017 -004 Relating to Public Works; approving and authorizing the Town Engineer to execute an acquisition agreement and all other documentation necessary for the purchase of additional property rights needed from B.K.W. Farms, Inc. for the Tangerine /Downtown Sewer Conveyance System, Town of Marana Project No. WRO10 (Frank Cassidy) Discussion: In April 2016, the Town Council adopted Resolution 2016 -041, authorizing the acquisition of certain property rights needed from B.K.W. Farms, Inc. and Vulcan Materials Company for the Tangerine /Downtown Sewer Conveyance System Project (No. WRO 10). When the Town received final utility clearance for the project, Southwest Gas Corporation added requirements to pothole and observe certain natural gas facilities during horizontal drilling activities. To accommodate these requirements, the Town needs to acquire additional temporary property rights from B.K.W. Farms, Inc. within, and along a dirt road just south of the Santa Cruz River. This additional acquisition is from the same parcel of land where the original acquisition took place. These additional property rights are in a location not subject to excavation, so Vulcan Materials Company (the lessee of the property) is not a party to this transaction. The proposed compensation for this additional acquisition has been negotiated between the parties and extrapolated from the previous appraisal of this same parcel of land. The cost of obtaining a new appraisal of this particular property right would have exceeded the proposed compensation. The particular rights being obtained and the specific terms of the acquisition agreement are set forth in the backup documentation provided with this agenda item. Marana Regular Council Meeting 01/03/2017 Page 67 of 172 Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Y Amount: $1,376 Staff Recommendation: Staff recommends adoption of Resolution No. 2017 -004, authorizing the acquisition of additional property rights needed from B.K.W. Farms, Inc., for the Tangerine/Downtown Sewer Conveyance System Project. Suggested Motion: I move to adopt Resolution No. 2017 -004, authorizing the acquisition of additional property rights needed from B.K.W. Farms, Inc., for the Tangerine /Downtown Sewer Conveyance System Project. Attachments Resolution No. 2017 -004 BKW backup Marana Regular Council Meeting 01/03/2017 Page 68 of 172 MARANA RESOLUTION NO. 2017-004 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE AN ACQUISITION AGREEMENT AND ALL OTHER DOCUMENTATION NECESSARY FOR THE PURCHASE OF ADDITIONAL PROPERTY RIGHTS NEEDED FROM B.K.W. FARMS, INC. FOR THE TANGERINE /DOWNTOWN SEWER CONVEYANCE SYSTEM, TOWN OF MARANA PROJECT NO. WRO10 WHEREAS the Town of Marana is constructing the Tangerine /Downtown Sewer Conveyance System, Town of Marana Proj ect No. WRO 10, (the "TD Sewer Proj ect "); and WHEREAS the Town of Marana acquired certain property rights from B.K.W. Farms, Inc. and Vulcan Materials Company pursuant to Marana Resolution No. 2016 -041, adopted on April 19, 2016, authorized to construct the improvements needed for the TD Sewer Project; and WHEREAS the Town of Marana needs to acquire additional property rights from B.K.W. Farms, Inc. to construct the improvements needed for the TD Sewer Project (the "Additional Needed Property "); and WHEREAS Town staff has negotiated an Acquisition Agreement with B.K.W. Farms, Inc. for acquisition of the Additional Needed Property, the terms of which call for compensation less than the cost of obtaining an independent appraisal of the Additional Needed Property; and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition of the Additional Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing the Town Engineer to execute an acquisition agreement and all other documentation necessary for the purchase of the Additional Needed Property from B.K.W. Farms, Inc. for the TD Sewer Project. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3 rd day of January, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00050119.DOCX /1 Marana Resolution No. 2017 -004 Marana Regular Council Meeting 01/03/2017 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 12/23/2016 10:11 AM Page 69 of 172 MARANA ENGINEERING RIGHT OF ENTRY WITH EXCAVATION AGREEMENT DATE: December 12, 2016 PROPERTY BKW Farms, Inc. ADDRESS: N/A OWNER: BKW Farms, Inc. ATTN: Brian K. Wong, President ADDRESS: 11600 North Sanders Rd. Marana, AZ 85653 LOCATION: Portion of NE4 Tax Code 216- 14 -005A APN: 216- 14 -005A PROJECT: Tangerine Downtown Sewer Conveyance System (Phase 2) CIP No.: WR010 Town: TOWN OF MARANA, an Arizona municipal corporation ADDRESS: Attention: Keith Brann, P.E. CFM DATE: 12/12/16 Town Engineer TOWN'S AGENT: B. Bourne 11555 W. Civic Center Dr., A -2 PHONE: 382 -2689 Marana, Arizona 85653 E -MAIL: bbournegmaranaaz.gov BKW Farms, Inc., an Arizona corporation, agrees to grant Town a Right of Entry with Excavation ( "ROEE" or "ROEE Area ") to facilitate Town's construction of the above - referenced project, described and /or shown in Exhibit "A -1" attached hereto and made a part hereof, for the TOTAL CONSIDERATION of $ 1376.00, SUBJECT TO the terms and conditions of this Right of Entry with Excavation Agreement (the "Agreement "). TERMS AND CONDITIONS 1. Date of Agreement The date of this Agreement, and the date to be inserted above, shall be the date of execution by Town. 2. Right of Entry with Excavation. The ROEE shall commence upon Town's entry onto the ROEE area and terminate when Town vacates the ROEE area. Upon completion of potholing for construction and prior to termination of the ROEE, Town shall restore the ROE Area to a condition as nearly as practicable to its condition prior to potholing and construction. Town agrees to reimburse Owner for any damages or injuries which arise from any acts of Town, or Town's employees or agents that occur during the course of Town's use of or presence on the ROEE area. 3. Terms. Subject to the provisions of Section 6, upon execution of this Agreement by Town, within 45 -days, the Town shall pay Owner the Total Consideration due under this Agreement. Marana Mayor and Council Approval: I Resolution No.: 2016- Dated: S 07 /T1 2S /R1 2E Tangerine Downtown Sewer Conveyance System (Ph 2) No.: WR010 APN: 216- 14 -005A (NE4) Acquisition Agreement for BKW Farms, Inc. Marana Regular Council Meeting 01/03/2017 Page 70 of 172 4. Execution of ROEE Document; Lawful Fees and Expenses Concurrent with Owner's execution of this Agreement, Owner agrees to deliver to Town this agreement and a properly executed and acknowledged Right of Entry with Excavation document (incorporated herein by reference only), for execution by Town officials. 5. Final Approval of Agreement by Town; Appropriation of Funds This Agreement is expressly conditioned upon final approval by the Marana Town Council and the appropriation of funds to satisfy the amounts due hereunder. 6. Condemnation Town is acquiring the ROEE under threat of condemnation and in lieu of an exercise of eminent domain, not as voluntary temporary property- rights transfer in the ordinary course of a negotiated transaction. Further, Town's Total Consideration represents settlement in lieu of condemnation and is not admissible as evidence of value, nor for any other evidentiary purpose, in connection with any judicial or administrative proceeding. 7. Existing Leases and Tenancies (if applicable) In the event the ROEE Area is encumbered by an existing leasehold, tenancy, occupancy, or compensatory interest (collectively, "Occupancy Interests "), whether or not such Occupancy Interests are recorded in the official records of Pima County, Arizona, Owner agrees to provide Town with satisfactory written evidence that such Occupancy Interests will not conflict with Owner's ROEE grant to Town. 8. Binding Effect This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 9. Warranties and Representations Owner warrants and represents that Owner owns the ROEE Area in fee simple and is not prohibited in any way from executing this Agreement. 10. Notices All notices to be given hereunder shall be in writing and shall be given by personal delivery or by deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service (e.g., Federal Express, United Parcel Service), addressed as shown above or to such other address as the parties may designate in writing. Notices shall be deemed effective seventy - two (72) hours after being deposited in the United States mail or with an overnight courier service, or upon delivery if personally delivered. 11. Cancellation; Conflict of Interest This Agreement is subject to the provisions of Arizona Revised Statutes section 38-511, which provides for cancelation of agreements by the Town in certain circumstances involving conflict of interest. ADDITIONAL TERMS AND CONDITIONS: YES ❑ NO OWNER: BKW FARMS, INC. Date: Brian Wong, President Town: Town of Marana, an Arizona municipal corporation Approved as to form: By: Keith Brann, P.E. CFM Town Engineer Frank Cassidy, Town Attorney Date: Marana Mayor and Council Approval: Resolution No.: 2016- Dated: S 07 /T /R ]: Tangerine Downtown Sewer Conveyance System (Ph 2) No.: WR010 APN: 216- 14 -005A (NE4) Acquisition Agreement for BKW Farms, Inc. Marana Regular Council Meeting 01/03/2017 Page 71 of 172 Notary Acknowledgment STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me on 1 201 _ by Brian Wong, President of BKW Farms, Inc., and Arizona corporation on behalf of the corporation. In witness whereof, I have set my hand and official seal. (SEAL) Notary Public Marana Mayor and Council Approval: Resolution No.: 2016- Dated: S 07 /T 2S /R 2E Tangerine Downtown Sewer Conveyance System (Ph 2) No.: WR010 APN: 216- 14 -005A (NE4) Acquisition Agreement for BKW Farms, Inc. Marana Regular Council Meeting 01/03/2017 Page 72 of 172 � e ■y �. a °y � z � � _ �!•. - � � - - -. . � _ - � 1 f■ has L Diagram Access to Pothole Area (8" _ F } - - a all qp Jx #r - , Q_ 4v —IIIIII IL a jb 79 4 •� �� La:, a _ �a� t ' _ S �. r i ■ • may. , it _ +'. �1 S f • - t- u , a Mr i ti { , 5 x r ` lip ir lit Skill 4 : . �� � _' �. ,■ - f 5i.� - �4�� '�`� � �� . !! �-�^ yr„ 1 , • - � ,_ °' �° 9 "x 46 _ a, _ rr! ! 9 �, _ IF w �., - , . L 9F . -3* % •- - dip AW 5 f - r If As ; r J, . af 'pop ° _ . OL ■ "t - L , IMENI jl- a r o ti L' o`erTWa it in, `•� l ■° J ' _ Il qMC r All, 4e dI r 1M qF of JAI e do x y t * - �- xx x yr + m ir WAM 'a � . sr • .,d 1�9 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C5 Meeting Date: 01/03/2017 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2017 -005 Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute an Airport Development Reimbursable Grant Agreement for Grant Number E7F2R 01 D between the State of Arizona by and through the Department of Transportation and the Town of Marana for the purpose of aiding in financing a Project entitled "Rehab. Apron, Rehab. Twy. (Design Only)," for design of the Apron and Taxiway Rehabilitation project (Lisa Shafer) Discussion: In February 2016, staff submitted a grant request to the FAA to fund a design and construction project for the rehabilitation of multiple aprons as well as a portion of Taxiway B. This project is a complete removal and new construction of approximately one million square feet of pavement consisting of the Transient Open Tie - Downs, Terminal Aprons, west Helicopter Apron and 1600 feet of Taxiway B between Taxiway B2 and Taxiway A. These areas are in very poor condition and require constant repair by Airport staff and our Operation and Maintenance crews. Each of these aprons and taxiway fall below the threshold for the Arizona Department of Transportation's (ADOT) pavement preservation program, therefore they were not done with the ADOT project just completed at the airport. The strength of the existing pavement is not sufficient to support the weight of some of the private jets that park on the aprons. The new pavement will be designed to accommodate the weight of the aircraft that utilize this airport. This design and construction project will be a multi -year phased project. The current FAA grant agreement for fiscal year 2017 was entered into this past August and is for the full design of the project with a total cost of $410,945. The FAA will reimburse 91.06% for a maximum obligation of $374,206, the State (ADOT) will reimburse at 4.47% for a maximum obligation of $18,373 and the Town, as the sponsor, has a required match of 4.47% for a total of $18,366. The grant agreement with the Arizona Department of Transportation is attached for review. Please note that Marana Regular Council Meeting 01/03/2017 Page 74 of 172 the State's calculation of their 4.47% share is slightly high by about $3, resulting in the Town's share being just below 4.47 %. It is anticipated that the construction will be funded in the same fashion in the upcoming fiscal year. Full construction estimates are expected to be just under $6 million. Financial Impact: Fiscal Year: 2017 Budgeted Y/N: Yes Amount: $410,945 The amount for the entire design project will be $410,945. The FAA reimburses $374,206, the State reimburses $18,373, and the Town pays $18,366. Staff Recommendation: Staff recommends that the Town Manager be authorized to execute the grant agreement with ADOT. Suggested Motion: I move to adopt Resolution No. 2017 -005, authorizing the Town Manager to execute a grant agreement with the Arizona Department of Transportation for funding in an amount not to exceed $18,373 for design of the Apron and Taxiway Rehabilitation project, E7F2R O 1 D Grant. Attachments Resolution No. 2107 -005 Grant Agreement Marana Regular Council Meeting 01/03/2017 Page 75 of 172 MARANA RESOLUTION NO. 2017-005 RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AIRPORT DEVELOPMENT REIMBURSABLE GRANT AGREEMENT FOR GRANT NUMBER E7F2R 01 D BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR THE PURPOSE OF AIDING IN FINANCING A PROJECT ENTITLED "REHAB. APRON, REHAB. TWY. (DESIGN ONLY)," FOR DESIGN OF THE APRON AND TAXIWAY REHABILITATION PROJECT WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport and to enter into agreements regarding the receipt of such monies; and WHEREAS the Town and the State desire to undertake a project for the improvement of the Marana Regional Airport and to share in the costs for the project; and WHEREAS the Town has funds available to it to defray the Town's share of the costs of proj ect; and WHEREAS the Town Council finds that entering into the Airport Development Reimbursable Grant Agreement with the State is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Airport Development Reimbursable Grant Agreement for Grant Number E7F2R 01 D between the State of Arizona by and through the Department of Transportation and the Town of Marana for the purpose of aiding in financing a Project entitled "Rehab. Apron, Rehab. Twy. (Design Only)," for design of the Apron and Taxiway Rehabilitation project, a true and correct copy of which is attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Town Manager 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 this resolution. 00050162.DOCX /1 Marana Resolution No. 2017 -005 - 1 - 12/28/2016 9:42 AM Marana Regular Council Meeting 01/03/2017 Page 76 of 172 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of January, 2017. ATTEST: Jocelyn C. Bronson, Town Clerk 00050162.DOCX /1 Marana Resolution No. 2017 -005 Marana Regular Council Meeting 01/03/2017 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 12/28/2016 9:42 AM Page 77 of 172 Grant #E7F2R UID MARANA REGIONAL. AIRPORT TOWN OF MARANA Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Part I THIS AGREEMENT is entered into , between the STATE OF ARIZONA, acting by and through its DEPARTMEN' "Y OF TRANSPORTATION, through its Multimodal Planning Division (the "State ") and the TOWN OF MARANA a political subdivision of the State of Arizona (the "Sponsor "), for a grant of State funds for the put of aiding in financing a Project of Rehab. Apron, Rehab. Twy. (Design only) (the "Project "), for the improvement of the MARANA REGIONAL AIRPORT (the "Airport "). Recxta is: W YFN IB S S E rI Ii 1) rI "lie Sponsor desires, in accordance with the authority grained by Arizouia Revised Statutes (A.R.S.) Section 28 -8413, fuuids from the State fou the puu of airport planning and /or developinent. 2) The Arizouia State Ti Boau as approved oui November 1.8, 2016 acid the Director of the Arizoula Departuiient of Transportation, iii accot•daiice with the authority granted by A.R.S. Sectiouls 28 -304, 28 -363, auld 28- 401 acid Title 28, Chapter 25, A.R.S., have authorized reimbursetneuit to the Sponsor of funds expeuided fou airport planuiing acid /or developiiient. Now, therefore, in considez - ation of the foi egoing recitals acid of the coveiiants acid agreements unade by the parties hereiui to be kept acid per' orn7ed, the pan - ties agree as follows: Sponsor's Responsibilit 1) The Spouisor shall accept this Agreeuneiit withiui 4 iiiouiths of the date of the grant offer coven letter: November 28, 2016. This Grant offer, if uiot accepted by the Spouisou - , shall expiu at the euid of the 4- uiiouith period. 2) T'he Spoulsor shall coxiiuiieuice the Project withiui 6 nnontlis of the date the grant was executed by the State. This Project will couisist of the airport inipmvetiieuits as described in Exhibit C. The Spouisor shall proceed with due diligence acid complete the Project in accordance with the provisiouis of this Agi The Sponsor shall provide acid nnaintain c0111pete11t supervisioui to coinplete the Pu - oject iui couifonnance with the plans, specifications and work coinpletioui schedule incorporated as part of this Agu eeuiient. Page l of 267 Marana Regular Council Meeting 01/03/2017 Page 78 of 172 Grant #E7F2R 01-D MARANA REGIONAL AIRPORT TOWN of MARANA 3) The Sponsor shall submit completed Project Reimbursement and Milestone schedules, which shall be attached hereto, as Exhibit G, Schedules Two and Three respectively and shall complete the Project within that schedule. Airy change to the schedule shall be submitted in writing and be approved by the State. A time extension beyond the State's obligation to provide funds herein must be reflected by formal Amex - idment to this Agreement. 4) The Sponsor shall comply with the Sponsor Assurances axed abide by and enforce the General Provisions alld Specific Provisions incorporated herein as Exhibits A, B and G respectively. Obligations 1) ]'lie funding participation from the Spozisor shall be four and forty -seven hundredths percent (4.47`YO) as determined by the State. 2) The maximum reimbursement available from the State to the Spoi - Isor for this Agreement shall be Eighteen Thousand Threc hundred Seventy -- "Three Dollars ($18,373). 3) Except as otherwise provided herein, the State's obligation to provide funds hereunder expires Ltp011 completion of the efforts required herein or 12/15/2020, whichever is earlier. 4) The State may, after agreeing to provide said funds to the Spoi - Isar, withdraw /terminate the grant if the Project has not been initiated as evidenced by a Notice to Proceed within f months of the date the grajit was executed by the State or has riot progressed as scheduled over a period of 12 months. If it becomes necessary to terminate a grant at ally tillie, the State will reimburse expenses of the Spoiisor, approved by the State, LIP to the time of notification of caizcellatior7. 5) Sponsor acknowledges that ill the evex - It of a late payineiit or reimbursement by the State, the State shall have iio obligation to pay a late payment fee or interest and shall not otherwise be penalized. 6) Ill the case where funds are r - lo longer available or have been withdrawn or not appropriated, or the Project is llo longer ill the State's best ii - Iterest, the State shall have the right of teriniiiation at its sole optiotl. The State shall slot reimburse ally costs incurred after receipt of the notice of termii -lation. rl lie Governor pursuant to A.R.S. Section 38- 511 hereby pats all parties oil notice that this Agreemei - it is subject to ca»cellatioll. 1 Work Provision Ai - ly preliminary work, for which costs for this Project were incurred after 7/1/2016 shall be considered eligible for reimbursemei - it provided that said costs are directly related to the Project oil which this Agreement is written. The State shall review related records ai - Id determine eligibility at its sole discretion. Page 2 of 267 Marana Regular Council Meeting 01/03/2017 Page 79 of 172 Grant #E7F2R 01 D MARANA REGIONAL AIRPORT TOWN OF MARANA Part 11, The Sponsor shall approve and attach to this a a resolution b its g overnin g bod that certifies as follows: 1 The Sponsor has the le power and authorit a) to do all thin necessar in order to undertake and carr out the Pro b to accept, receive and disburse g rant funds from the State in aid of the Project. 2 The Sponsor now has on deposit, or is iii a position to secure dolla s AkAo�]% rJrZC6 do 4 ($ or an e aiiiOUIlt represented b Sponsor's proposed labor and e costs, 17or use in defra Sponsor's share of the costs of the Project. The present status of these funds is as follows: ( I filter local ftiiidin t and location 3 The Sponsor hereb desi 1$� j4��) Name Title to receive pa representin the State's share of project costs. Si of Sponsor's Representative Title of Re 4 The Sponsor has on file with ADOTthe followin vendor identification and address for protect pa Sponsor Vendor Id #: Sponsor Vendor Address: Exhibits PZ000008123 TOWN OF MARANA 11700 W. AVRA VALLEY RD #86 MARANA, AZ 85653 'Hic 1`61lowin Exhibits are incorporated herewith and form a part of this A Exhibit A - Sponsor Assurances Exhibit B - General Provisions Exhibit C - Specific Provisions and Project Schedules Pa 3 of 267 Marana Re Council Meetin 01/03/2017 Pa 80 of 172 Grant #-E7F2R 01 1) MARANA REGIONAL AIRPORT TOWN OF MARANA Sr f"ATE State of Arizona Department of "I , ransportation MUltimodal Plannin Division B - ----- - Michael Kies, Director Date: WITNESSED BY: Si Title: Date: TOWN OF MARANA MAI�ANA REGIONAL AIRPORT B Tit Date: WITNESSED BY: Si Title: Date: Pa 4 of 267 Marana Re Council Meetin 01/03/2017 Pa 81 of 172 Grant #B7P2R 01.1) MARANA REGIONAL AIRPORT TOWN OF MARANA EXHIBIT A Sponsor Assurances Upon acceptance of the grant offer by the Sponsor, these assurances will become a part of this Agreement. Tile Sponsor hereby covenants and agrees with the State as follows: General 1) That the Project is consistent with plans (existing at the time of approval of the Project) of political jurisdictions authorized by the State to plan for the development of the area surrounding the Airport and has given fail consideration to the interest of communities in or near where the Project is to be located. In making a decision to undertake any airport development Project under this Agreement the Sponsor insures that it has undertaken reasonable consultation with affected parties using the Airport at which the Project is proposed. All appropriate development standards of Federal Aviation Administration (FAA) Advisory Cil c►.rlars, orders, or Federal Regulations shall be complied with. All related state and federal laws shall be complied with. 2) That these covenants shall become effective upon execution of this Agreement for the Project or any portion thereof, made by the State and shall remain in full force and effect throughout the useful life of the facilities or the planning project's duration developed under the grant, but in any event, not less than twenty (20) years from the date of acceptance of the grant offer by the Sponsor. 3) The Sponsor certifies in this Agreement that it is a political subdivision of the State and is the public agency with control over a public -use Airport and /or oil behalf of the possible future development of all Airport and is eligible to receive grant funds for the development or possible development of all Airport under its jurisdiction. 4) The Sponsor further agrees it holds good title, satisfactory to the State, to the landing area of the Airport or site thereof, or will give assurance satisfactory to the State that good title will be acquired. 5) That the Sponsor is the owner or lessee of the property or properties oil which the Airport is located and that the lease guarantees that the Sponsor has full control of the use of the property for a period of not less than twenty (20) years from the date of this Agreement. All changes ill airport ownership or to an airport lease shall be approved by the State. 6} The Sponsor agrees that it has sufficient funds available for that portion of the project costs which are not to be paid by the State (or the United States). 7) The Sponsor agrees to provide and maintain competent supervision to complete the Project in conformance with this Agreement. S) Preserving Rights and Powers: The Sponsor agrees it shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions and assurances in this Agreement without written permission from the State, and shall act promptly to acquire, extinguish or modify any outstanding rights or claims of right by others which would interfere with such performance by the Sponsor. This will be done in a manner acceptable to the State. The Sponsor shall not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property shown oil the airport property neap included ill the most recent FAA - approved Airport Layout Plan, or to than portion of the property upon which State funds have beers expended, Tor the duration of the terms, conditions and assurances ill this Agreenlerlt without approval by the State. If Wage 5 of 267 Marana Regular Council Meeting 01/03/2017 Page 82 of 172 Grant #L7F2R 01.1) MARANA REGIONAL AIRPORT 'DOWN of MARANA the transferee is found by the State to be eligible under Title 49, United States Code, to assume the obligations of this Agreement and to have the power, authority and financial resources to carry out such obligations, the Sponsor shall insert in the contract or document transferring or disposing of Sponsor's interest and make binding upon the transferee all the terms, conditions and assurances contained ill this Agreement. 9) Public Hearings: 111 Projects involving the location of all Airport, all airport runway or a major runway extension, the Sponsor has afforded the opportunity for public hearings for the purpose of considering the economic, social and environmental impacts of the Airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the e01111MIrlity and it shall, when requested by the State, submit a copy of such hearings to the State. Financial Pursuant to A.R.S. 35-326, the Sponsor may elect to utilize the Local Government Investment Pool ( "LG1P ") maintained by the state treasurer. The Sponsor shall request written approval from the State to use the LG I P. Thereafter, the State may deposit the funds authorized by the grant into the Sponsor's account. After approval of the reimbursements by the state, the funds shall be disbursed tllrougll the LG I P account to the Sponsor. The disbursements shall be made pursuant to the applicable laws and regulations. The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received (including funds of the Sponsor and funds received from the United States or other sources) and to determine the eligibility of all incurred costs of the Project. 'I"'he Sponsor shall segregate and group project costs into cost classifications as listed in the Specific Provisions of Exhibit C. Record Keening The Sponsor shall maintain accurate records of all labor, equipment and materials used in this Project and that upon reasonable notice, shall make available to the State, or any of their authorized representatives, for the purpose of audit and examination all records, books, papers or docLrrllerlts of the recipient relating to work performed under this Agreement. For airport development Projects, make the Airport and all airport records and documents affecting the Airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the State upon reasonable request. Air port Based Aircraft Reportin The Sponsor shall furnish to the State oil a quarterly basis, a current detailed listing (including: Registration /N Number, Name, Address and Phone Number of Owner) of all based aircraft oil the Airport ill a form approved by the State. Airport Layout Plap 1) The Sponsor shall maintain a current signed /approved Airport Layout Plan (ALP) of the Airport, which shows building areas and landing areas, indicating present and planned development and to furnish the State all updated ALP of the Airport as changes are made. 2) The Sponsor shall be required to prepare an ALI" for update or revalidation in accordance with current FAA and State standard guidelines. The AL.I" will indicate any deviations from FAA design standards as outlined ill current FAA Advisory Circulars, orders or regulations. A copy of the signed /approved ALP in electronic format shall be forwarded to the State after authentication by FAA or the State. Page 6 of 267 Marana Regular Council Meeting 01/03/2017 Page 83 of 172 Grant #E7F2R o I D MARANA REGIONAL AIRPORT TOWN OF MARANA 3) The Sponsor shall assure that there are no changes to the airport property boundaries, together with ally off-site areas owned or controlled by the Sponsor which support the Airport or its operations as a part of this project. 4) If a charge or alteration is made at the Airport which the State determines adversely affects the safety, utility or efficiency of the Airport, or any State funded property on or off Airport which is not in conformity with the ALP as approved by the State, the Sponsor will, if requested by the State, eliminate such adverse affect in a manner approved by the State. Immediate Vicinily Land Use Restriction The Sponsor shall restrict the use of land, adjacent to or in the immediate vicinity of the Airport, to activities and purposes compatible with normal airport operations and to take appropriate action including the adoption of appropriate zoning laws. In addition, if the Project is for noise compatibility or to protect the 14 CFR Part 77 imaginary surfaces of the Airport, the Sponsor will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the Airport, of the noise compatibility program measures or the imaginary surfaces of true Airport upon which State funds have been expended. Airport Operation 1) The Sponsor shall promote safe airport operations by clearing and protecting the approaches to true Airport by removing, lowering, relocating, narking and /or lighting existing airport hazards and to prevent, to the extent possible, establishment or creation of future airport hazards. The Sponsor shall take appropriate action to assure such terminal airspace as is required to protect instrument and visual operations to the Airport (including established minimum flight altitudes) will be adequately cleared and protected by preventing the establishment or creation of future airport hazards. The Sponsor shall promptly notify airmen of any condition affecting aeronautical use of the Airport. 2) 'rhe Sponsor further agrees to operate the Airport for the use and benefit of the public and to keep the Airport open to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes; provided that the Sponsor shall establish such fail equal and nondiscriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport; and provided further, that the Sponsor may prohibit any given type, kind or class of aeronautical use of the Airport if such use would create unsafe conditions, interfere with normal operation of aircraft, or cause damage or lead to the deterioration of the runway or other airport facilities. 3) In any agreement, contract, lease or other arrangement under which a right or privilege at true Airport is granted to any person, firm or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the Airport, the Sponsor shall insert and enforce provisions requiring said person, firm or corporation: a) to furnish services on a reasonable and not unjustly discriminatory basis to all users thereof and charge reasonable and 110t unIustly discriminatory prices for each unlit or service; b) and be allowed to make reasonable and nondiscriminatory discounts, rebates or similar types of price reductions to volume purchasers; c) each Fixed Based Operator (FBO) and Air Carrier at the Airport shall be subject to the sane rates, fees, rentals and other charges as are uniformly applicable to all other FI30s and Air Carriers making the same or similar uses of the Airport and utilizing the same or similar facilities; d) each Air Carrier using such Airport shall have the right to service itself or to use any F BC) that is authorized or permitted by the Airport to serve any Air Carrier at the Airport. 'age 7 of 267 Marana Regular Council Meeting 01/03/2017 Page 84 of 172 Grant #L7F2R 01 -D MARANA RLOIONAL AIRPORT TOWN OF NIARANA 4) The Sponsor shall not exercise or grant ally right or privilege which operates to prevent any person, firm or corporation operating aircraft oil the Airport from performing any services oil its own aircraft with its own employees (including but not limited to maintenance, repair and fueling) that it may choose to perform. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided oil the same conditions as would apply to the furnishing of such services by a commercial aeronautical operator authorized by the Sponsor under these provisions. 5) The Sponsor shall suitably operate and maintain the Airport and all facilities thereon or connected therewith which are necessary for airport purposes and to prohibit any activity thereon which would interfere with its use for aeronautical purposes and to operate essential facilities, including night lighting systems, when installed, ill such manner as to assure their availability to all users of the Airport; provided that nothing contained herein shall be construed to require that the Airport be operated and maintained for aeronautical uses during temporary periods when snow, flood or other climatic conditions interfere substantially with such operation and maintenance. 6) The Sponsor shall not permit all exclusive right for the use of the Airport by ally person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, providing services at an Airport by a single FBO shall not be construed as an "exclusive right" if: a) it would be unreasonably costly, burdensome or impractical for more than one FBO; and b) if allowing more than one FBO to provide such services would require a reduction of space leased pursuant to all existing agreement between a single FBO and the Airport. Note: Aeronautical activities that are covered by this paragraph include, but are not limited to: charter flights, pilot training, aircraft rental, sightseeing, air carrier operations, aircraft sales and services, aerial photography, agricultural spraying, aerial advertising and surveying, sale of aviation petroleum products whether or not conducted in conjunction with any other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and ally other activities which because of their direct relationship to the operation of aircraft call be regarded as all aeronautical activity. 7) The Sponsor shall terminate ally exclusive right to conduct all aeronautical activity now existing at the Airport before ally grant of assistance from the State. However, there shall be no limit oil the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the Airport is used as all Airport. ]'here shall be no 1 i nl it oil the duration of the terms, conditions, and assurances with respect to real property acquired with State funds. 8) Airport Pavement Preservation Program: The Sponsor certifies that they have implemented all effective pavement preservation management program at the Airport in accordance with Public Law 103 --305 and with the most current associated FAA policies and guidance for the replacement, reconstruction or maintenance of pavement at the Airport. The Sponsor assures that it shall use and follow this program for the useful life of the pavement constructed, reconstructed or repaired with financial assistance from the State and that it will provide such reports oil pavement condition and pavement management programs as may be required by the State. Sponsor Transactions The Sponsor shall refrain from entering into ally transaction which would deprive the Sponsor of any of the rights and powers necessary to perform any or all of the covenants made herein, unless by sLrclI transaction the obligation to perform all such covenants is assumed by another public agency eligible to assu111e such obligations and having the power, authority and financial resources to carry out such obligations; and, if all arrangement is made for management or operation of the Airport by all agency or person other than the Sponsor, the Sponsor shall reserve sufficient powers and Page 8 of 267 Marana Regular Council Meeting 01/03/2017 Page 85 of 172 Grant #F7F2R. 011) MARANA REGIONAL AIRPORT TOWN OF MARANA authority to insure that the Airport will be operated and maintained in accordance with these covenants or insure that such an arrangement also requires compliance therewith. Airport Revenues The Sponsor shall maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible under the circumstances existing at the particular Airport, taking into account such factors as the volume of traffic and economy of collection. All revenues generated by the Airport (and ally local taxes established after Dec 30, 1987 ), will be expended by it for the capital or operating costs of the Airport; the local airport system; or the local facilities which are owned or operated by the owner or operator of the Airport and which are directly or substantially related to the actual air transportation of passengers or property, on or off the Airport. Disposal of Land ] } For land purchased under a grant for airport development purposes (it is needed for aeronautical purposes, including runway protection zones, or serve as noise buffer land; and revenue from the interim use of the land contributed to the financial self-sufficiency of the Airport ), the Sponsor shall apply to the State and FAA. for permission to dispose of such land. If agreed to by the State and /or FAA, the Sponsor shall dispose of such land at fair market value and make available to the State and FAA all amouxlt that is proportionate to the State and FAA's share of the cost of the land acquisition. That portion of the proceeds of such disposition, which is proportionate to the share of the cost of acquisition of such land, shall be (a) reinvested in another eligible airport development Project or Projects approved by the State and FAA or (b) be deposited to the Aviation rFrust Fund if no eligible Project exists. 2} Disposition of such land shall be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the Airport. Page 9 of 267 Marana Regular Council Meeting 01/03/2017 Page 86 of 172 Grant #E7F'2R 01.1) MARANA REGIONAL AIRPORT TOWN OF MARANA EXHIBIT B General Provisions El ini2loment of Constitaitts The term consultant, as used herein, includes planners, architects and /or engineers. if a consultant is to be used for this Project, the Sponsor agrees to consider at least three (3) consultant firms. if the Sponsor has contracted with or will contract with a consultant oil a retainer basis, the Sponsor assures to the State that prior to entering such a contract, at least three (3) consultants were or will be considered. The Sponsor shall submit to the State, for review and approval, a copy of the request for proposals and /or request for qualifications, and the proposed consultant contract prior to its execution and upon award of the contract, a fully executed copy. All requests for qualifications and requests for proposals shall be ill accordance with A.R.S. 34, Chapters 1, 2 and 6, and shall include a list of projects and project locations to be awarded proj ect contracts. Contracts 1 ) The Sponsor as all independent entity and not as all agent of the State may obtain the services required in order to fulfil the work: outlined ill the Project Description as approved by the State for funding in the Airport Capital Improvement Program. All contracts awarded to accomplish the project work described in this Agreement shall state: a) The name of the c011sultant authorized to perform the work and to communicate on behalf of the Sponsor; b) The Sponsor must insure that contracts issued under this Agreement comply with the provisions of Arizona Executive order 75 -5 as amended by Arizona Executive Order 99 -4, relating to equal opportunity; c) The terms for termination of the contract either for failure to perform or ill the best interest of the Sponsor; d) The duly authorized representatives of the State shall have access to any books, docur7lel1ts, papers and records of the consultant and /or contractor which are in any way pertinent to the contract for a period of five years, ill accordance with A.I.S. 35 -214, for the purpose of making inspections, audits, examinations, excerpts and transcriptions. 2) All contracts shall stipulate and make clear: a) The responsibilities of the consultant to gain authorization for changes oil the Project which may have all affect oil the contract price, scope, or schedule; b3 That all construction contractors and sub contractors fired to perform services, shall be ill compliance with A.R.S. 32, Chapter 10. c) That any materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. That these items shall be made available to the public. The Contractor /ConsLrltant is not entitled to a patent or copyright oil these materials and may not transfer the patent or copyright to anyone else. d) That any travel shall be reimbursable by the State only within the I'Liles and costs in accordance with the State of Arizona Travel Pol is . Page 10 of 267 Marana Regular Council Meeting 01/03/2017 Page 87 of 172 Grant #E7F2R. 01.1 MARANA REGIONAL AIRPORT TOWN OF MARANA Conflict of Interest Each consultant submitting a proposal shall certify that it shall comply with, in all respects, the rules of professional conduct set forth in Arizona Administrative Code R4-30 -301. In addition, a conflict of interest shall be cause for disqualifying a consultant from consideration; or terminating a contract if the conflict should occur after the contract is made. A potential conflict of interest includes, but is not limited to: 1) Accepting all assignment where duty to the client would conflict with the consultant's personal interest, or interest of another client. 2) Performing work for a client or having an interest which conflicts with this contract. Renorts The Sponsor shall submit monthly status reports during planning, shall submit monthly status reports during design, and shall submit weekly reports during construction. All reports shall reflect, at a minimum, the progress accomplished in relation to the Grant and Project schedules and milestones, the reasons for any changes, and the recommended corrections of problems encountered. Upon completion of the Project, the Sponsor shall submit a letter to the State specifying that the Project has been completed to their satisfaction and that the consultant and the contractor have completed their contractual responsibilities. Chan ges Any changes to the consultant contract, authorized by the Sponsor, that include additional funds, time and /or scope, shall be by amendment and shall be approved by the State prior to being made in order to be eligible for reimbursement. Approval of a change by the State shall not obligate the State to provide reiiiibursement beyond the maximum funds obligated by this Agreement. Any increase to the amount of funds authorized Hereunder, to the expiration date of this agreement, or to the scope of work included in this agreement iiiust be by formal amendment, and signed by all parties. Ally changes to the contract dOCLIJIlellts, authorized by the Sponsor, must be approved by the State prior to ally changes being made in order to be eligible for reimbursement. Audit Upon completion of the Project, the Sponsor agrees to have an audit perfornned. The audit examination iiiay be a separate project audit or in accordance with the Single Audit Act of 1984 (Single Audit). If the Sponsor is required under law to have a Single Audit, this Project shall be considered for ilICILIsioll in the scope of examination. The Sponsor shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Project supplied by other sources, and such other financial records pertinent to the Project. The accounts and records will be kept in accordance with A.R.S. 35 -214. In any case in which all independent audit is made of the accounts of a Sponsor relating to the disposition of the proceeds of a grant relating to the Project in connection with which the grant was given or used, it shall file a certified copied of such audit with the State not later than six (6) iiiontlis following the close of the fiscal year in which the audit was made. Page I 1 of 267 Marana Regular Council Meeting 01/03/2017 Page 88 of 172 Grant #E7F2R o 1 D Vi ARANA REGIONAL AIRPORT TOWN OF MARANA The Sponsor shall make available to the State or any of their other duly authorized representatives, for the purpose of audit and examination, any books, documents, papers and records of the recipient that are pertinent to the grant. The Sponsor further agrees to provide the State a certified copy of the audit report. The State is to determine the acceptability of this audit. Suspension If the Sponsor fails to comply with any conditions of this Agreement, the State, by written notice to the Sponsor, may suspend participation and withhold payments until appropriate corrective action has been taken by the Sponsor. Costs incurred during a period of suspension may not be eligible for reimbursement by the State. Failure to Perform If the Sponsor fails to comply with the conditions of this Agreement the State, may by written notice to the Sponsor, terminate this Agreement in whole or in part. The notice of termination will contain the reasons for termination, the effective date, and the eligibility of costs incurred prior to termination. The State shall not reimburse any costs incurred after the date of termination. Termination for Convenience When the continuation of the Project will not produce beneficial results commensurate with the further expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder, the State may terminate this Agreement. III the case where continuation of the Project will not produce beneficial results, the State and the Sponsor shall mutually agree upon the termination either in whole or in part. III the case where funds are no longer available or have been withdrawn or not appropriated, or the Project is no longer in the State's best interest, the State shall have the right of termination as its sole option. The State shall not reimburse any costs incurred after receipt of the notice of termination. File Governor pursuant to A.R.S. Section 38-511 hereby puts all parties on notice that this Agreement is subject to cancellation. Waiver by State No waiver of any condition, requirement or right expressed in this Agreement shall be implied by any forbearance of the State to declare a defaLlit, failure to perform or to take any other action oil account of any violation that continues or repeats. Compliance with Lavers The Sponsor shall comply with all Federal, State and Local laws, rules, regulations, or policies, advisory circulars, and decrees that are applicable to the performance hereunder. Arbitration III the event of a dispute, the parties agree to use arbitration to the extent required by A.I.S. Section 12 -1518. Jul isdiction Any litigation between the Sponsor and the State shall be commenced and prosecuted in an appropriate State court of competent jurisdiction within Maricopa County, State of Arizona. Page 12 of 267 Marana Regular Council Meeting 01/03/2017 Page 89 of 172 Grant #E7F2R 01D MARANA REGIONAL AIRPORT TOWN OF NIARANA Excess of Payments If it is found that the total payments to the Sponsor exceed the State's share of allowable project costs, the Sponsor shall promptly return the excess to the State. Filial determination of the State's share of allowable costs shall rest solely with the State. Any reimbursement to the Sponsor by the State not ill accordance with this Agreement or unsubstantiated by project records will be considered ineligible for reimbursement and shall be returned promptly to the State. State Ins ectors At any time and /or prior to final payment of funds for work performed under this Agreement, the State may perform all inspection of the work performed to assure compliance with the terms herein and to review the workmanship of the Sponsor's contractors and /or consultants. No inspector is authorized to change any provisions of this Agreement or ally provisions of Agreements between the Sponsor and the Sponsor's contractor and /or consultant. Indemnification The State of Arizona, acting by and through the Arizona Department of Transportation, does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third persons resulting from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments, agencies, officers and employees from any and all liability, loss or damage the State may suffer as a result of claims, demands, costs or . judgments of any character arising out of the performance of non-performance of the Sponsor or its independent contractors in carrying out any provisions of this Agreement. In the event of any action, this indemnification shall illcl ude, but not be limited to, court costs, expenses of litigation and reasonable attorney's fees. Re aired Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. Property of the Sponsor and State Ally materials, including reports, computer programs or files and other deliverables created under this Agreement are the sole property of the Sponsor. "File Contractor /C011sultant is not entitled to a patent or copyright oil these materials and may not transfer the patent or copyright to anyone else. The Sponsor shall give the State unrestricted authority to publish, disclose, distribute and otherwise use at no cost to the State any of the material prepared ill connection with this grant. At the completion of the project, the Sponsor shall provide the State with all electronic copy, in a format useable by the State, and one hard copy in a format useable by the State, of final plans, specifications, reports, planning documents, and /or other published materials as produced as a t•esult of this project. Page 13 of 267 Marana Reaular Council Meetina 01/03/2017 Pane 90 of 172 Grant #E7F2R 01D MARANA REGIONAL AIRPORT TOWN OF MARANA EXHIBIT C Specific Provisions and Project Schedules Provisions for Design /Construction Financial Cost Categories The Sponsor shall segregate and group project costs in categories as follows: 1) "Design /Engineering Services" (as applicable), including topographic surveys /rnapping, geornetric design, plans preparation, geotechnical and pavernent design, specifications, contract documents. 2) "Construction" (rnust be accounted for in accordance with approved work items as presented in the bid tabulation). 3) "Construction Engineering" (as applicable), including contract administration, inspection /field engineering, materials testing, construction staking /as -built plans and other. 4) "Sponsor Administration" directly associated with this Project (not to exceed 5% of project costs). 5) "Sponsor force Account" contribution (if applicable). 6) "Contingencies" (not to exceed 5% of constructi011 costs). 7) "Other" with prior approval of the State. Design review -- Plans S ecifications and Estimates Plans, specifications and estiriiates shall be accoriiplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall conduct a Concept Design Review meeting with the State and Sponsor's c011sultant at approximately the thirty percent (30 %) completion point in the design of the Project, and a Final Design Review at one hundred percent (100 %) plan completion. These mandatory reviews shall be coriipleted before the Sponsor will be permitted to proceed with the Project. The State shall issue an approval to proceed with final design upoll satisfactory completion of the 30% review. 'Fhe State shall issue an approval of the 100% plans, specifications and estimates upon satisfactory completion of the 100% review. Upon State approval, the Sponsor riiay proceed to advertising if construction is included in the scope of the Project, or• must close the Project and subriiit a final grant reimburseriient request if the grant is for design only. Any riiodification to the approved plans, specifications and estimates authorized by the Sponsor shall also be subject to approval of the State. Changes made to approved plans, specifications, and estimates at any tine must be authorized by the State prior to executing the changes in order to be eligible for reimbursement by the State. Page 14 of 267 Marana Regular Council Meeting 01/03/2017 Page 91 of 172 Grant ##E7F2R 01D MARANA REGIONAL AIRPORT TOWN OF MARANA The National Environmental Policy Act (NEPA) documentation must be complete and approved by the State and /or FAA prior to construction. The Sponsor shall submit a copy of the documentation to the State. FAA Notice of Proposed Construction The Sponsor agrees to submit an FAA Forth 7460-1, Notice of Proposed Construction or Alteration before construction, installation or alteration of any Project under this Agreement that falls under the requirements of Subpart B to Part 77, objects Affecting Navigable Airspace. Bidding 7 Alternate Biddin2 Methods Design, Bid, Build is the standard and preferred method for project delivery for State airport development grant projects. Alternative contracting methods (Design Build, Construction Manager at Risk, Task order Contract) may be used in accordance with A.R.S. Title 34, Chapters 1, 2 and 6. Use of an alternative contracting method shall be reviewed and approved by the State prior to the Sponsor executing a contract for the work. If a project is approved for an alternative contracting method, the Sponsor must comply with all Federal, State, and Local policies, regulations, rules, and laws, as well as all requirements of this grant agreement within that method. Based on Bids If a Sponsor has requested a match to a Federal construction grant that was based on bids (the project was already advertised by the Sponsor with no existing State airport development grant for the design work), then all design coordination with the State required by this agreement must have been met during the design process for any prior design work to be considered eligible for reimbursement by the State. The State shall review any documentation and work done prior to bidding and, at its sole discretion, determine the eligibility of the work. only work items necessary to complete the Project as stated in Exhibit C, Schedule one, Project Description, may be considered eligible. Contractor Allowance This item may only be used to cover costs of unknown, ullforeseerl cirCL1111stances within the scope of the grant that are necessary for Project completion. (For example: if unknown underground utilities must be removed or relocated to accomplish the Project) This item must have prior approval of the State for each use of the item during construction in order to be eligible for reimbursement by the State. The bid iteiii shall be clearly defined in the contract documents with concise language describing when it may be utilized. It shall also be specified that the item may not be used at all. The allowance may only be used for unforeseen items directly related to the Project. Contingencies Contingencies are to be used as an estimating tool during the preliminary phases of Project development. They are intended to allow room in the grant funding level for reasonable price increases or approved added items during design. Contingencies are not eligible for reimbursement by the State as bid items in a corlstructioll contract. Itemized Allowance Use of all itemized allowance items may only be included in a contract with prior approval of the State. Ally use of an itemized allowance bid item as part of a grant must be for a clearly defined portion of the project. (For example: cabinet allowance — cabinets ill terminal storage room as shown oil plans to be selected by Sponsor, or carpet allowance ---- industrial Berber carpet for 200 SF lobby to be selected by Sponsor) Each contract allowance iterll must be approved by the State in order to be ilIclrtded in the bid package. The State will not approve use of an item to cover expenses not Page 15 of 267 Marana Regular Council Meeting 01/03/2017 Page 92 of 172 Grant #E7F2R 01D MARANA REGIONAL AIRPORT TOWN OF MARANA directly related to the itenn. (For exaiiiple: Left over funds from cabinet allowance cannot be used to purchase light fixtures) Construction Inspection Airport planning, design, project estimates, bidding, and construction inspection are the direct responsibility of the Sponsor and nnay be accomplished by the Sponsor's staff or by a qualified c011sultant. The Sponsor shall provide and maintain competent technical supervision thl - OLIgllout the Project to assure that the work conforiiis to the plans, specifications and schedules approved by the State and the Sponsor. Construction inspection shall be accomplished by, or under the direct supervision of a qualified engineer registered by the State of Arizona. The Sponsor shall subject the construction work and any related documentation oil any Project contained ill all approved Project application to inspection and approval by the State and the FAA. "File State shall, if in accordance with regulations and procedures, prescribe such work as needed for the Project. Change Orders 'The Sponsor shall notify the State in advance of the need for a change. Such notification shall clearly define the changed or added bid items, the locations of changed work, the quantities and costs of changed work, and the time required for the change. Justification for the change must be provided to the State by the Sponsor. Change orders may be approved by the State only if they are clearly necessary to accomplish the original grant scope. if approval is granted by the State, the Sponsor shall follow up with the written change order for the State's review and approval in a timely manner. The Sponsor may not request reimbursement for the work done under a change order until the change order is approved by the State. Construction Contract Documents Any changes to the construction contract documents (including scope, time and amount), authorized by the Sponsor, must be approved by the State prior to being implemented by the Sponsor in order to be eligible for reimbursement under the grant. All changes, as well as any notifications and approvals related to the changes, shall be docUrllented in the final contract docLI111e1Its, change orders, and as built plans provided to the State at the end of the contract. Verbal requests and approvals are not sufficient as documentation for reiiiiburseinent. Final reiinbursel1lC1lts will not be made until all docuiiientation is received by the State. 'age 16 of 267 Marana Regular Council Meeting 01/03/2017 Page 93 of 172 Grant flE7F2R OID MARANA REGIONAL AIRPORT Desi Project Schedules The Schedule Forms are intended to identif and monitor project scope., costs, and basic milestones that will be encountered dUrilI VaHOLIS phases of the Project. 'File Sponsor shall complete these three schedules showin the projccl. description and total costs, project reinibUrsements (cash flow) schedule and project milestones. Schedule One shows the total Pro estimated costs associated with each share - State and Federal and Local. Schedule Two shows a pro cash flow for State funds onl The Sponsor is to estimate i•e to the State for Pro rei Schedule Three shows anticipated dates of Pr milestones. These schedules will be Used to keep track of the Pr pro Be sure to develop realistic schedules. As the pr pro and the ori reimbursement scliedUle and or milestone dates cliali the Sponsor 111tist submit a revised Schedule to the State for approval. Schedule One Desi Project Description and Fundin Allocation Detailed Project Description: Rehab. Apron, .,Rehab. Tw (Desi Onl FAA A I 11W 3-04-0058-021-2016 Project Cost Cate Total Estimated Project Cost Estimated Local Share Estimated Federal Share Estimated State Sliare* Desi /En Services $ $ $ COIlStRICti011 $ $ $ $ C01IStRICtion En $ $ $ $ Sponsor Administration" $ $ $ $ Sponsor Force ACCOL111t Work*** $ $ $ $ Contin $ $ $ $ Total Pro Costs $ 0 $ `� 13 *Total of this column to be used in Schedule Two Sponsor Administration is not eli for rei111bL1rSe111C11t above 5% of the proJect costs. *** All force acCOL111t work is to be approved b the State prior to the g rant a bein si NOTE: The Sponsor nitist attach a project plan based upon the ALP that clearl shows the scope and the limits of the worli. Pa 17 of 267 Marana Reaular Council Meetina 01/03/2017 Pane 94 of 172 Grant #E7F2R 01D MARANA REGIONAL AIRPORT KIM Schedule Two Desi Project Reimbursement Schedule The Sponsor must complete this Project Reimbursement Schedule showin the pro cash flow of State g rant funds onl for this Project. Projections must include all consultant and contractor services. The reimbursement schedule should be a realistic schedule and will be used to keep track of a project's pro Reimbursement re must be submitted re b the Sponsor while the g rant is active. The cash flow should reflect when a re is submitted to the State, not when invoices are paid b the Sponsor. 111VAI-Iletiolls: 1 For " State Funds" below, enter the Total Project Costs/Estimated State Share from Schedule Oiie. 2 For each month/ indicate the projected reimbursement re amount for State Funds onl (use whole dollars onl e. $540 or $1,300 3 Continue the process b enterin a Zero (0) in the i-nontli/ for which no reimbursement is amicipated and/or a dollar amOU11t of the reimbursement, until the total State funds are accounted for in the cash flow. Total State Funds: $18,373 Pro Reimbursemeut Re 1 State Cash Flow Calendar Year Jan Feb Mar Apr Ma Jun 2016 $ $ $ $ $ $ 2017 $ o D $ coo 000 $ :? 3 -73 $ $ $ 2018 $ $ $ $ $ $ 2019 $ $ $ $ $ $ 2020 $ $ $ $ $ $ Calendar Year Jul Au Sep Oct Nov Dec 2016 $ $ $ $ $ $ 0 2017 $ $ $ $ $ $ 2018 $ $ $ $ $ $ $ $ 1 $ 1 $ ----2019 2020 $ $ $ $ $ Grants expire 4 y ears fi-oin the date of the g rant offer. The Sponsor shall selte(lide the wot-tc to I)e completed within the 4 y ears. Pa 18 of 267 Marana Re Council Meetin 01/03/2017 Pa 95 of 172 Grant #E7F2R 01D MARANA REGIONAL AIRPORT TOWN OF MARANA Schedule Three Desi Pro Milestones Milestone Duration Gni(lelines The below duration periods are intended to provide g uidelines for Y OU to consider. These are avera time periods n i (9 calendar da but it is understood these periods ma var b Sponsor and Project, and are subject to modification. If an entr on the form is not applicable, write N/A. I) The Consultant Selection Phase for all Projects, re of t is approximatel ninet ( 90 ) da but should not exceed one hundred ei (180) da 2) The Desi Phase is subject to the t and complexit of the Project, however, most desi can be accomplished within one hundred ei (180) da to two hundred and sevent (270) da 3) The Biddin Phase t should be sixt (60) da or less. 4) The Construction Phase is dependent upon the t of Project, the airport traffic, and the available construction season, g enerall y ninet (90) da to three hundred sixt (360) da 5) The State review periods should be fifteen (15) da Desi Milestone Schedule Milestones Duration 4 of Da Stai't Date Completion Date Proposed Actual Proposed Actual Consultant Selection Phase Submit Scope for State Review Submit Contract for State Review Award Consultant Contract 3-61 Desi & En Phase 93q Sponsor Issue Notice to Proceed/Start Desi Six &-4fi 5) 1 1 Conduct 30% Desi Review uh I Conduct Final Desi Review/Bid Set Submitted (100%) for Review zll 7// 1 Biddin Phase Bid Set Submitted (100%) for Review Issue Invitation for Bids Submit Bid Tab for State Review Award Construction Contract/Subrnit to the State Construction Phase Pre-ConStRlCti011 Meetin Issue NTP — Be Construction Final Inspection Submit As-Builts & Final Documentation Submit Final Reimbursement Re and Sponsor Closeout Letter * The solicitation for q ualifications and the service a must contain a list of pro. includin this g rant pr per A.R.S. 34- Chapter 6. arana Reaular Council Meetina 01/03/2017 Pa 19 of 267 Paae 96 of 172 N O 0 / m - tn. A k 4 0 Council - Regular Meeting C6 Meeting Date: 01/03/2017 To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2017.001: Relating to Health and Sanitation; Amending Town Code Title 10 (Health and Sanitation), Chapter 10 -6 (Special Events); revising Section 10 -6 -6 (Application review) to amend insurance requirements for special events on Town property; revising section 10 -6 -8 (Grounds for denial) to amend the grounds for denial of special event permit applications; and designating an effective date (Jane Fairall) Discussion: The proposed ordinance will make revisions to Chapter 10 -6 of the Marana Town Code relating to Special Event Permits. This chapter was added to the Code by the Council in 2007 and underwent comprehensive revisions in 2014. At this time staff proposes some more limited revisions to provide more flexibility for staff in processing special event permit applications. A minor revision to Section 10 -6 -6 would change the minimum insurance requirements for events held on Town property. Current minimum requirements are for $1,000,000 in commercial general liability coverage per occurrence and $2,000,000 aggregate. In some cases, applicants are unable to produce the $2,000,000 aggregate coverage and the Town's insurer has indicated that such a requirement is not always necessary. Section 10 -6 -6 still allows the Town to determine if more extensive insurance requirements are necessary for any given event. Town staff is also proposing revisions to Section 10 -6 -8 to expand the list of grounds for denial of a special event permit application. The ordinance would add the following grounds for denial to the Town Code: • The proposed event will result in an undue impact on the town's property, operations, resources or staff. • The applicant has held other events in the town that resulted in complaints or disturbances. • If the proposed event is to be held on town property, the town determines that the event is Marana Regular Council Meeting 01/03/2017 Page 97 of 172 not an appropriate or desired use of the town property in question, based on the size and scope of the event, the length of the event, the nature of the event, or any other relevant factors. • If the proposed event is to be held on town property, the town determines that the proposed use of the town's property will unreasonably interfere with or detract from the general public enjoyment of the property or cause annoyance or the disturbance of any other person's reasonable use of the property, or cause annoyance or disturb the peace of persons residing near the property, or interfere with the maintenance of the property or its facilities. • The proposed event is reasonably anticipated to incite violence, crime or disorderly conduct. This will again give Town staff more flexibility in dealing with applications. Staff Recommendation: Staff recommends approval of the proposed ordinance. Suggested Motion: I move to adopt Ordinance No. 2017.001, amending Town Code Title 10 (Health and Sanitation), Chapter 10 -6 (Special Events); revising Section 10 -6 -6 (Application review) to amend insurance requirements for special events on Town property; revising section 10 -6 -8 (Grounds for denial) to amend the grounds for denial of special event permit applications; and designating an effective date. Attachments Ordinance No. 2017.001 Marana Regular Council Meeting 01/03/2017 Page 98 of 172 MARANA ORDINANCE NO. 2017o001 RELATING TO HEALTH AND SANITATION; AMENDING TOWN CODE TITLE 10 (HEALTH AND SANITATION), CHAPTER 10 -6 (SPECIAL EVENTS); REVISING SECTION 10 -6 -6 (APPLICATION REVIEW) TO AMEND INSURANCE REQUIREMENTS FOR SPECIAL EVENTS ON TOWN PROPERTY; REVISING SECTION 10 -6 -8 (GROUNDS FOR DENIAL) TO AMEND THE GROUNDS FOR DENIAL OF SPECIAL EVENT PERMIT APPLICATIONS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to define, abate and remove nuisances and to prevent, suppress and punish any riot, rout, affray, disorderly noise or disturbance in any public or private place within the town; and WHEREAS the Town Council adopted Ordinance No. 2007.18, adding Chapter 10 -6 "Special Events Permit" to the Marana Town Code to provide fair and reasonable regulations governing the time, place, and manner in which a special event may take place, and to provide for the health, safety and welfare of the public and to assist the town and its appropriate officers in enforcing the applicable provisions of A.R.S. title 9 and title 36; and WHEREAS the Town Council finds that revising Chapter 10 -6 of the Marana Town Code regarding special event permits as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Title 10 (Health and Sanitation) is hereby amended to revise section 10 -6 -6 (Application review) as follows (with deletions shown with 10 -6 -6 Application review [Paragraphs A through I remain unchanged] H. Insurance. A certificate of insurance and additional insured endorsement, evidencing insurance in the amounts and types determined by the town and naming the town of Marana as additional insured, shall be required if the event is being held on town property, such as a town park or town right -of- way. 1. The amount and type of insurance required for a special event shall be determined by the town on a case by case basis. 00047654.DOCX /1 Marana Ordinance No. 2017.001 - 1 - Marana Regular Council Meeting 01/03/2017 Page 99 of 172 2. At a minimum, the applicant shall provide proof of commercial general liability of $1,000,000 per occurrence a HL1H.J1L "b'"'. 3. Insurance certificates and endorsements must be provided to the permit clerk prior to the event date. [Paragraph K remains unchanged] SECTION 2. Marana Town Code Title 10 (Health and Sanitation) is hereby amended to revise section 10 -6 -8 (Grounds for denial) as follows (with deletions shown with and additions shown with double underlining) 10 -6 -8 Grounds for denial The permit clerk may deny a special event permit for any of the following reasons: [Paragraphs A through D remain unchanged] E. The scheduled date of the event conflicts with other previously scheduled events ' f . [Paragraphs F and G remain unchanged] H. The proposed event will result in an undue impact on the town's property, operations, resources or staff. I. The applicant has held other events in the town that resulted in complaints or r�ic J. If the proposed event is to be held on town property, the town determines that the event is not an appropriate or desired use of the town property in Question, based on the size and scope of the event, the length of the event, the nature of the event, or any other relevant factors. K. If the proposed event is to be held on town property, the town determines that the proposed use of the town's property will unreasonably interfere with or detract from the General public enjoyment of the property or cause annoyance or the disturbance of any other person's reasonable use of the property, or cause annoyance or disturb the peace of persons residina near the property, or interfere with the maintenance of the property or its far L. The proposed event is reasonably anticipated to incite violence, crime or disorderly conduct. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. 00047654.DOCX /1 Marana Ordinance No. 2017.001 -2- Marana Regular Council Meeting 01/03/2017 Page 100 of 172 SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. 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 6. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of January, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00047654.DOCX /1 Marana Ordinance No. 2017.001 -3- Marana Regular Council Meeting 01/03/2017 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 101 of 172 N O 0 / n.. - tn. A k Council - Regular Meeting C7 Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 3, 2017 Subject: Approval of December 6, 2016 Regular Council Meeting Minutes and December 13, 2016 Study Session Meeting Minutes (Jocelyn C. Bronson) Attachments Regular Council Draft Meeting Minutes 12/06/2016 Study Session Draft Meeting Minutes 12/13/2016 Marana Regular Council Meeting 01/03/2017 Page 102 of 172 <0-w^ U 7 � MARANA MARANA TOWN COUNCIL REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 6, 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03 p.m. Town Clerk Bronson called roll. Council Members Comerford and Ziegler were excused; there was a quorum present. vim► PLEDGE OF ALLEGIANCE /INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by moving Item C2 to the last action item by Council Member Bowen. Second by Council Member Kai. Passed unanimously 5-0. CALL TO THE PUBLIC. Randy Shepherd spoke regarding his concerns about the Tapestry proj ect. PROCLAMATIONS PC A proclamation honoring the service of Marana Police Officer Bryant Brewer (Jocelyn C. Bronson). Ms. Bronson read the proclamation, and Police Chief Rozema asked Officer Brewer to come forward and be recognized while he highlighted many of Officer Brewer's accomplishments during his tenure with the town. December 6, 2016 Regular Council Meeting Minutes 1 Marana Regular Council Meeting 01/03/2017 Page 103 of 172 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Members Bowen and McGorray and Mayor Honea remarked on the outstanding job Monique Meza and Vickie Hathaway and many other staff did putting on the Holiday Tree Lighting event. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson also remarked on the many hours staff put into making the Holiday Tree Lighting event the best ever. He also noted that the monthly executive report for November is available online and on the dais. PRESENTATIONS CONSENT AGENDA. Motion to approve, removing Item C2 as noted, by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 5-0. C1 Resolution No. 2016 -129: Relating to Community Development; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of Marana for the management and implementation of the 2016 -2017 Community Development Block Grant Program (Lisa Shafer) C2 Resolution No. 2016 -130: Relating to Personnel; approving one additional paid floating holiday for eligible Town of Marana employees, to be used during the time period of December 23 2016 through January 3, 2017 (Curry C. Hale) This item was taken off Consent and heard as Action Item A6. Mr. Davidson presented stating that the timeframe in the title of this item is why staff wanted to put the item on the Action agenda for consideration. Staff would like to add one week before December 23 and one week after January 3, 2017 to the time period. The reason is that certain departments that have 24 -hour requirements for operation: public safety, water and wastewater, and parks. It makes it difficult when you have a very narrow window to accommodate all employees with a day off. We wanted to provide a little more flexibility to those departments, and this actually accounts for all departments to be able to maintain operations. Motion to approve as amended by staff by Council Member Bowen, second by Council Member McGorray. Passed 5-0. C3 Approval of the November 15, 2016 Joint Study Session Meeting Minutes with the Marana Town Council and Marana Planning Commission; approval of the November 15, 2016 Regular Council Meeting Minutes; and approval of the November 29, 2016 Special Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES BI Resolution No. 2016 -131: Relating to the Utilities Board; appointing a chair and selecting Council- appointed members to the Town of Marana Utilities Board (John Kmiec). Mr. Kmiec noted that every four years the Utilities Boards needs new members and a new chair. From October 10 through November 10, 2016, the town did recruit for members through social media and the town's website and word of mouth throughout the community. Three citizens applied and are qualified to become members: Ms. Julie Mette, Mr. Jeff Biggs and Assistant Chief, Doug Emans, from Northwest Fire District. The Council may interview them publicly or in December 6, 2016 Regular Council Meeting Minutes 2 Marana Regular Council Meeting 01/03/2017 Page 104 of 172 executive session, make one or all the appointments as well as request additional solicitation or any other Council action. Motion to approve the resolution to accept the three applicants by Vice Mayor Post, second by Council Member Kai. Passed unanimously 5-0. COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2016.023 Relating to Development; Approving a rezoning of approximately 45 acres of land located east of Camino de Manana approximately 1/8 mile south of the Desert Falcon Lane alignment from "R -36" Single - Family Residential to "R -6" Single - Family Residential. (Brian D. Varney). Presented by Brian Varney. Mayor Honea opened the public hearing. The proposal is to develop 14 V2 acres to be developed as residential lots. About 6 V2 acres will be designated for roadways and related infrastructure; 24 acres of natural open space, of which approximately 15 acres will be natural, undistributed open space and a 2 acre park which fits in near the main entrance off of Manana. The developer will also construct a 10 -foot wide shared use path which will be along the entire frontage of Camino de Manana and join up with the path that will be constructed for The Preserve at Twin Peaks which will provide a continuous pedestrian access from this project to the intersection of Camino de Manana and Twin Peaks which will tie into the larger trail system. The applicant is also proposing a public trail easement along the east boundary within the 100 -foot setback and will also follow along the majority of the south boundary and tie into a public trail easement in The Preserve at Twin Peaks. This public trail will be constructed by the town, and the easement will be dedicated by the developer at the plat stage. There are 82 lots proposed with a 6,000 square foot minimum and up to 72,000 square feet. There will be a combination of one and two story homes. The lots designated with the letter "S" in the plan are lots with single story homes which are mostly along the perimeter area to minimize view shed impacts to adjoining properties. In addition to the site analysis, this project will also be subject to the town's residential design standards as well as the Twin Peaks Corridor study. The Planning Center met and worked directly with a number of surrounding property owners to resolve concerns. The result of those meetings was to designate several of the lots along the perimeter and single story and also increase the buffer yards on the north and east boundary to give a 100 -foot separation between lots that are proposed and the property boundary. The town received two letters of protest which are in the packet materials. The property owner to the north, Paul Urdovich, submitted a letter expressing his concerns but has asked that the letter be removed as his concerns have been adequately addressed. Within the past week, the applicant has made an additional concession regarding neighbors to the north in that they have agreed to limit the two northernmost rows of lots consisting of eight lots, to single story with a maximum height of 18 feet for a pitched roof and 16 feet for a hip roof. Also, Condition #15 in the ordinance should be amended. Currently, the condition states that a 4 -foot screen wall will be constructed along the northern end of the cul -de -sacs to prevent headlight trespass. The amendment is requested because the applicant will be constructing a 5- foot perimeter wall along the north boundary of those lots to provide more privacy. December 6, 2016 Regular Council Meeting Minutes 3 Marana Regular Council Meeting 01/03/2017 Page 105 of 172 There were no speakers from the public, and the Mayor declared the hearing closed. Motion by Vice Mayor Post, second by Council Member Kai, to approve the added conditions regarding roof height on the northernmost rows of lots affecting eight lots and amended condition 15 as recommended by staff. Passed 5-0. A2 Resolution No. 2016 -132 Relating to Development; approving and authorizing the Mayor to execute the Agreement to Terminate Fianchetto Farms Development Agreement (Frank Cassidy). Mr. Cassidy noted that the original development agreement made certain assumptions about the development that was going to occur around it including that there would be a water line that would go through Payson Farms to the north of Fianchetto and that Fianchetto would be obligated to share in the cost of that water line. That water line was never constructed, and Fianchetto took water service from the south at its own cost. That is one of several examples of things in the Fianchetto development agreement to not come forward as expected. Now that D.R. Horton has taken an option on some of the lots and is about to start selling those lots, the developer and D.R. Horton have asked for the title to be cleared of this old development agreement because the financial obligations in it aren't accurate. Staff felt the best approach would be to terminate that old development agreement and tell the Fianchetto developer and any builders in there that they have to meet all of the current requirements of the town and pay all of the current fees that would apply as if the old Fianchetto development agreement never happened. Motion by Council Member Bowen, second by Council Member McGorray to terminate the old Fianchetto agreement. Passed 5-0. A3 Resolution No. 2016 -133 Relating to Utilities; approving and authorizing the Mayor to sign an Amended and Restated Intergovernmental Agreement between the City of Tucson and the Town of Marana regarding Tucson Water service within the town limits of Marana (John Kmiec). Mr. Kmiec noted that this agreement originally occurred in early 2000 and was updated in 2009 or 2010 and the sunset occurred in 2012. We have not had an active water agreement with Tucson Water since then. A new agreement has been negotiated with Tucson Water which will allow areas of town with Tucson infrastructure near or in place where the Marana Water Department is not present, the town has the option of requesting that Tucson Water serve certain parcels that Marana Water infrastructure may not connect to for several years. In exchange, the town would reimburse City for water services to those properties. The current agreement is similar to agreements we have had in the past, however, there are some new items, which he highlighted. One is water resource impact fees. Now, if Tucson Water agrees to serve a property within the town in the non - contracted area (such as outside of Peppertree Ranch or Dove Mountain, which are intended service areas), upon obtaining a building permit, the Marana Water Department will get the impact fees related to water resources. In addition, the monthly resource rates that would be collected by Tucson Water at the end of the year would be transferred to Marana Water for the purpose of purchasing future water credits associated with those parcels. On an annual basis, Tucson Water would receive an annual credit from the town to cover those parcels they have served on our behalf. In addition, Tucson Water will serve new developments in Marana as long as they meet the City of Tucson service area policy which was established in 2010 to keep the city from expanding further and further into the other incorporated areas or into non - incorporated Pima County. Tucson Water won't serve parcels 3 acres or less that are not bounded by current Tucson Water customers or commercial properties 50 acres or less that are not bounded on at least three sides by current December 6, 2016 Regular Council Meeting Minutes 4 Marana Regular Council Meeting 01/03/2017 Page 106 of 172 Tucson Water customers. Those are the substantive differences between the past IGA's and this one. If the new IGA is approved, the town will be assessing our impact fee for resources on those developments; the city will not collect the resources fee. The town ends up reimbursing credits and the city ends up transferring resource rates, and the town collects the fee. If the town develops infrastructure to these areas, Mr. Kmiec believes the city would entertain the idea of working out an agreement that then adopts these customers. The town is only collecting the fee relating to resources. The city is only collecting their associated impact fee as well as Tucson Water rates; it's the water resources that we have the agreement on. This agreement does obligate Tucson Water to serve Marana residents under the terms and policies stated. This agreement would not cover a recent request to serve a school district parcel because that parcel was not bounded on three sides by current Tucson Water customers. Motion by Council Member Kai, second by Vice Mayor Post to adopt the resolution as proposed. Passed 5-0. A4 Resolution No. 2016 -134 Relating to Development; amending the infrastructure improvements plan supporting development impact fees for parks and recreation facilities by revising the projects included in the infrastructure improvements plan and shifting the anticipated development impact fee funding among those projects without changing the amount of the fee or the level of service (Frank Cassidy). Cynthia Nemeth- Briehn presented this item, noting that a public notice was properly posted regarding the parks infrastructure improvement plan. She then gave an overview of the parks improvement plan that was adopted in 2014 which is the focus of this amendment. The plan allows the town to adjust projects as community needs change. The amendment does not change the amount of the impact fee, nor does it change the level of service. Also, it does not change the funding amount. It does allow staff to address current needs and opportunities. She then referred to an allocation schedule contained in the packet materials. The funding amount in the original allocation and the amended allocation is the same. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed 5-0. A5 Resolution No. 2016-135 Relating to Intergovernmental Relations; adopting a 2017 Town of Marana legislative program and authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue it (Tony Hunter). Mr. Hunter noted that the items listed in the 2017 agenda are the same as those in the 2016 agenda. After communicating with the League, staff found that the current list is adequate for the issues we think might come up during the coming session. Motion to approve by Council Member Bowen, second by Council Member McGorray. Passed 5-0. A6. See Item C2 for action taken. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1 Relating to Finance; presentation, discussion and possible direction on proposed changes to the Town of Marana comprehensive fee schedule and other various rate and fee adjustments (Jamsheed Mehta). Mr. Mehta stated that although staff generally comes to Council in March or April for approval of the comprehensive fee schedule, the last time staff presented they indicated they would come back to Council for a mid -year adjustment, primarily focusing on things that would streamline the business practices process and identify some efficiencies to be gained without having to wait for a full year for the next budget cycle to begin. The general goal associated with the fee schedule is to identify what would be best for the customer. Fourteen December 6, 2016 Regular Council Meeting Minutes 5 Marana Regular Council Meeting 01/03/2017 Page 107 of 172 departments with identified fees worked together on this. While we will still have an annual update as well as part of the budget process under the direction of the Finance Department, Mr. Mehta's objective today is to present some of the findings and opportunities that have been identified for this mid -year adjustment. He then presented a high level overview of the changes from a statistical perspective. The current 61 -page document has 535 individual lines of fees. After proposing the changes, there will be 350 proposed fees which amounts to about a 35% reduction in the number of lines. We have eliminated 247 of which 77 are permanent eliminations of certain fees. He then gave examples of the simplification process. There is one fee increase from all of these which is the opportunity to recover damages caused by aircraft when they veer off the runway and hit one of our lights. We haven't been collecting our true costs. Other than that, none are increases; they are either decreases or complete eliminations. He then gave an example from the Engineering Department of a new calculation method, which is a better indication of staff s true time spent on a project rather than based on the acreage of the fee. R Mr. Mehta then gave a few examples of "bundling" a package of fees. The first is for a Welcome to Marana business package. The fee includes a new business license, one banner sign permit and occupancy compliance inspection. Currently, this involves three separate departments. The fee would be $100 per submittal. A park rental would be an exclusive use bundle which would include an event space reservation, utilities, beer & wine permit for $300 per day. A signature event vendor fee for for - profit organizations would be $100 per event to include space, electricity and a 10 -day temporary business license. Notice of Intent to consider changes was posted today, December 6, 2016. Staff will reach out to the Southern Arizona Home Builders Association and the Metropolitan Pima Alliance as we regularly do with fee changes. We will come back to Council in February for possible adoption on February 7, 2017 to be effective in March. Mayor Honea commented that this was a major undertaking — to simplify the work and lower fees for an individual or a corporation D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson). No action necessary. ' L EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive Session pursuant to A.R.S. § 38- 431.03 (A)(1) for discussion, consideration and possible interviews of candidates for appointment to the Town of Marana Utilities Board. FUTURE AGENDA ITEMS December 6, 2016 Regular Council Meeting Minutes 6 Marana Regular Council Meeting 01/03/2017 Page 108 of 172 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 7:57 p.m. by Vice Mayor Post, second by Council Member Kai. Passed 5 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 6, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Em December 6, 2016 Regular Council Meeting Minutes 7 Marana Regular Council Meeting 01/03/2017 Page 109 of 172 MARANA TOWN COUNCIL STUDY SESSION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 2 nd Floor Conference Center, December 13 2016 at or after 6:00 PM i j llhhl Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member h1h, Patti Comerford, Council Meml Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:02 p.m. Town Clerk Bronso called roll. A ll Co Members except Vice Mayor Post were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Mayor Honea led the pledge APPROVAL OF AGENDA. Motion to approve the agenda by moving item E2 before Discussion/Direction/Possible Action by Council Member McGorray, second by Council Member Kai. Passed 6 -0. CALL TO THE PUBLIC. Ed Stolmaker, President and CEO of the Marana Chamber of Commerce extended his belated thanks to Council for their support for the Chamber's Big Green Event held in November. Mr. Stolmaker noted that the event was very successful, and the Chamber is already planning next year's event. DISCUSSION /DIRECTION /POSSIBLE ACTION Item E2. Motion to go into executive session in the Board Room by Council Member Bowen, second by Council Member Kai at 6:04 p.m. Executive Session adjourned at 6:35 p.m.; no action needed. The public session reconvened at 6:39 p.m. December 13, 2016 Study Session Minutes 1 Marana Regular Council Meeting 01/03/2017 Page 110 of 172 DI Resolution No. 2016 -136 Relating to Administration; approving and adopting a new logo as the official Town of Marana logo and authorizing Town staff to implement it; repealing Marana Resolution No. 2011 -93 (Vickie Hathaway). Mr. Davidson presented this item, noting that the discussion related to this item had already been held at a previous meeting; this action was merely to approve the formal resolution. Motion to approve by Council Member Bowen, second by Council Member Kai. Motion passed 5 -1 with Council Member McGorray voting nay. D2 Relating to Development; presentation, discussion, and direction regarding the update to the Town of Marana Land Development Code, including follow -up on the public input process and week -long assessment (Ryan Mahoney). Mayor Honea asked that Council hold their questions until Mr. Mahoney completed his presentation. Mr. Davidson introduced the item, noting that there was a joint meeting with the Council and the Planning Commission a few weeks ago which was the kick -off for the public input. Because this is a very influential and important document that staff uses every day, this presentation is lengthy with some interconnecting elements. Later, the Council will have an opportunity to weigh in on key points for policy - making purposes. To illustrate the many interconnecting parts of the document, Mr. Davidson described a sound mixer board with hundreds of levers you can move up and down to get different sounds, tones, and pitches for the outcome. That is what we can do with this update to the Code. Mr. Mahoney began with a general overview of the Land Development Code and it's processes as well as a recap of the consultants' outreach for public input which came from community groups, farmers, developers, business owners and the environmental community. He asked that when Council provides input, they consider as inspiration their favorite places and what it was they particularly liked and how it made them feel. Also, he and the consultants want to know what neighbors have said in addition to getting input from developers about the zoning process. We can write a code that will capture the places that can be envisioned. Mr. Mahoney then began with background, including the connection of how the community should build out from the General Plan to the Strategic Plan, the Economic Road Map and the Parks Master Plan. All of those documents have detail in them to build into and upon the Land Development Code which focuses on process improvements and zoning issues. He then identified several residential densities on a General Plan future land use map and used the Linda Vista Village Specific Plan to illustrate various densities. Going back to the Strategic Plan, one initiative under Commerce is to update the Land Development Code to enhance simplicity. He also discussed the concept of a fixed use zone which we currently don't have but that people seem to want. The Community component asks us to identify creative ways to plan neighborhoods and growth areas with appropriate open space, trail connectivity for multiple users and other active recreation areas. The General Plan is adopted by citizens and the Land Development Code is approved by Council. From those evolve the Strategic Plan, the Economic Road Map and Parks Master Plan as noted above. Staff and consultants are currently engaged in updating the Economic Roadmap to enhance the economic vision of connectivity and accessibility between quality jobs and residential areas as well as education to drive the economy and a strong labor pool. One question December 13, 2016 Study Session Minutes 2 Marana Regular Council Meeting 01/03/2017 Page 111 of 172 to answer is can we create zoning that will accommodate high tech activity centers such as the Tangerine Corridor. During the week with the consultants a few ideas emerged, but we are sure there are more to come. The feedback Mr. Mahoney is looking for from Council are process improvements which include a simplified zoning process with "zoning light" criteria, more compliance with the General Plan, existing infrastructure, pre- determined access, developed area and limited size. Another opportunity would be to incentivize development, and another possible change is to eliminate the Council preliminary plat approval and move toward administrative approval. Other municipalities in the area are embracing this and also starting to work on consolidated processes. These would be treated similarly to a development plan and a technical engineering document to create more time savings for the developer and Council. Optimally, a preliminary plat and a final plat could be done simultaneously. Council would have input on the preliminary plats during the zoning process as well as the final plat. Mr. Mahoney asked for input at this time as to these concepts. The general consensus was that the development and engineering staff is qualified to approve the preliminary plats. Mr. Mahoney noted that during the public process for rezoning, the staff is aware of the standards to comply with the town's regulations and policies. By the time a developer gets to the preliminary plat stage, their cues come from the conditions that may have put forward in a rezoning, but they also have to be compliant with the Land Development Code. Mayor Honea stated that we need a process where the Council sees a project at least once and is able to make comments without it being a rubber stamp — that seems to be missing. The next item was zoning, and Mr. Mahoney presented a chart of exiting zones, gray zones indicating consolidations, the lot size density and then a simplified transition between zones and densities and zoning districts. In order to do a specific plan, you need 80 acres. Anything below that you choose a zoning district. And if you are 100 acres, it will only be single family homes and you would choose a hard zoning district. These consolidations would create flexibility and predictability, reduce reliance on the specific plan, accommodate a 50 -foot wide lot and still provide density caps. He then moved into the area of commercial zoning and consolidations and asked for feedback. The zones are neighborhood commercial, community commercial and regional commercial. We can add performance measures that accommodate or address some of the benefits of having flexibility. Mayor Honea's comments related to zonings where you can do anything inside the zone, developers and corporate people are in business to make money. They will ask for the smallest lots they can get. He is generally opposed to small lots. There was a proposal years ago for 3,000 square foot lots and three story homes and some years after that we didn't allow anything smaller than 6,000 square feet. Now it's smaller. Sanders Grove is loaded with 4,000 square foot lots, and those people are going to be crammed in there which he dislikes. In response to that, Mr. Mahoney noted that the development costs are what they are. With grading, the addition of wet utilities and paving a public road as access, if you have a smaller lot, in order to get a return on your investment, you are going to have to have a very high - quality product. Developing smaller lots generally requires more open space for parks and other recreation activities. Council Member Comerford feels this opens the door for more diversity. Council Member Kai noted that manufactured housing has been deleted to which Mr. Mahoney responded that all the rest of the districts talk about a lot size. Manufactured housing is a housing type, so there are laws in place that don't allow us to restrict manufactured housing. You can create specific places for these unless there are restrictions for stick -built or site -built homes. Mr. Mahoney re- affirmed that the General Plan still prevails over the Land Development December 13, 2016 Study Session Minutes 3 Marana Regular Council Meeting 01/03/2017 Page 112 of 172 Code in terms of the character of the development, size of lots and densities. There is a lot of room for diversity. Mayor Honea reiterated his objection to small lots of 3,500 square feet. Mr. Mahoney next discussed a couple of strategies staff has been kicking around regarding the old alphabet zoning which often requires rezoning to reflect existing land use. One is to do a blanket rezoning of alphabet zoned property to be reflective of existing land use. If the land in question is zoned A with a single residence on five acres, we might rezone the property to low density residential. With a blanket zoning, we might not engage with the neighbors. Another strategy is to see what the land use designation is under the General Plan designation. In some instances that could translate to a de facto upzone. In another A zone, the developer might want neighborhood commercial rather than low density. That would also be a de facto rezone. We may give up some of our rights to exact certain things from those properties so that we can get public input on things like buffering and plantings. We could, however, build into the code document what the buffers should be when you transition from a commercial use to a residential use; and what the landscaping scheme should look like. Prop 207 conditions may come into play. Other options include keeping the Alphabet zoning with an administrative waiver or an optional rezoning process. It was noted that schools are not subject to the town's zoning. Before moving onto to access and circulation, Mr. Mahoney gave a brief overview of the update benefits to the Land Development Code. It will be more user - friendly with tables and graphics, have added flexibility, be simplified with the consolidation of 32 existing districts to 15, reduce reliance on a specific plan, provide time and cost savings to add more administrative approvals and clarify development standards for landscaping, design guidelines and parking. A third consideration is the downtown area. The times have changed since we first studied it. Staff went through a process nearly two years ago to change circulation coming off of the Marana interchange. One of the comments at that time was that in order to activate a main street, it has to be convenient for people to get there. So instead of having a lighted intersection or slip path, make it a roundabout. It allows free - flowing traffic into the downtown area. It would allow the Sandario commercial corridor to stay whole. It also deals with the issue of the northern property having greater access. We know that we have issues with the Marana interchange today with traffic backing up. We have three specific plans that cover downtown. Leaving the Susan Ong property out of it for the moment, we have the Chris Monson property; we have the Barios de Marana which is the Scott Stietler piece, and we have the town's piece. These have been identified as three separate character areas, and the further you get from the interchange, the less likely people are going to go to a restaurant or a retail establishment. A lot of the work done up to this point with the architecture and the streetscape is still whole, but some of the uses may get modified, but we will bring those back to Council when we have refined those concepts. Tonight, the focus is on the circulation aspect. It is probably the most important part of this conversation because without it some of these ideas probably wouldn't work. We have taken the concept the planning group had come up with and tried to lay it out geometrically so it's easier to see. Keith Brann continued with an explanation and illustrations of how access works, noting that we are creating a destination for people coming off of the interstate. Combined with the growth that is occurring on both sides of the interstate. As Ryan pointed out, we have taken the concept the planning group had come up with and tried to lay it out geometrically so it's easier to see. He then showed the last configuration from the General Plan update in 2015. We have a traditional December 13, 2016 Study Session Minutes 4 Marana Regular Council Meeting 01/03/2017 Page 113 of 172 intersection off the interstate. You can only get a good intersection off the interstate at quarter mile spacing. The first signal we had set up to be the main entry into downtown. We were going to allow for a double slip left which is similar to what we have at the Cortaro Walmart. However, you would not be able to turn left out of the Marana Main Street area or out of the DEVCO site. One of the things that interests him about roundabouts versus signals is progression speed as you approach signals, get up to speed and travel a proper distance. Roundabouts are not sensitive to that same spacing because you are never really fully stopped in traffic. People are slowing down to yield the right of way. Council Member Kai likes the idea of a double left or slip left. Council Member Ziegler likes roundabouts, but you do have to pay attention. Mr. Brann agreed that that makes them a traffic calming device as well because you do have to slow down. Generally, a traffic signal has 120 seconds of signal time; it could be 180 seconds depending on the volume of traffic. That is where the roundabout has distinct advantages. In answer to a question from Council Member Kai, a Michigan turn lane is effective but it does take more real estate because it adds another lane and more signals to make it work. You could probably have a distinct advantage over a roundabout when you start looking at a three -lane roadway. But between single land roundabout and dual lane roundabouts, they start to function much better than trying to make signals work. So in the proposed circulation plan from the planning consultant, we already have a roundabout under design at the Marana Road location as part of the construction project for the Marana Road realignment. But the planning group had also recommended a roundabout at the ramp which would also involve a ramp /roundabout lane merger. ADOT did a study in 2013 as well, and they came up with a recommendation where that could be utilized as well as the signal. The other side of the road, however, will not fit a roundabout, so that will only be a signal over there. Another roundabout was drawn in addition to those two locations, and because they are not as sensitive to space, a roundabout will work at that location. That would give full left in and full access out for both Marana Main Street and the DEVCO site. There is a distinct advantage to using a roundabout in this location. Council Member McGorray asked what the speed limit was in a roundabout. She is concerned about the speed of people coming off of the interstate. Mr. Brann responded that generally it's about 20 mile per hour. The diameter of the circle is so tight you can't really get up speed. There would be a progressive speed limit drop as you approach the roundabout. The second roundabout would be located at the Circle K. Those businesses, which are leasehold businesses, would have to come down, which was the plan all along. Susan Ong, the lessor, is in favor of that. Mayor Honea asked if the roundabout right off the freeway could be built prior to the second or third ones to ease traffic. Mr. Davidson responded that it could be first. The one Keith Brann is highlighting is only when Tangerine Farms Road gets connected to the interchange, so we are talking years from now. ADOT's concept at the Marana interchange is that it could be signalized or a roundabout. Mayor Honea raised the issue of large semis coming off the interstate to go to the sale barn and the arenas. Mr. Davidson noted that the reason we are talking about the Marana Road interchange is because the Villages of Tortolita wants to get started on their project, and they have some serious problems with access. One is the access getting out of San Lucas. We talked to them about building an extension of Adonis Road down to Tangerine which would immediately solve San Lucas's problem and give the Villages of Tortolita an exit out. Tied to that is the interchange which can be a nightmare in the morning, and it's getting worse. So one December 13, 2016 Study Session Minutes 5 Marana Regular Council Meeting 01/03/2017 Page 114 of 172 of the options we've been talking to them about is a roundabout to give them more capacity on the west side. Then on the east side what we would require would be merging onto the onramp with a signal. All that would be financed through an agreement with them. The discussion continued regarding the access from a roundabout to the Circle K, Chevron and McDonald's at Marana Road and Sandario. EXECUTIVE SESSIONS E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) in order to consider the Town's position and instruct the Town's attorneys regarding the Town's position regarding the lawsuit entitled Carranza v. Town of Marana, et al, Pima County Superior Court Case No. 020164259. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT. Motion to adjourn at 8:44 p.m. by Council Member Bowen, second by Council Member McGorray. Passed 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the study session/presentation of the Marana Town Council meeting held on December 13, 2016. I further certify that a quorum was present. Jocelyn C. Bronson, Town Cler December 13, 2016 Study Session Minutes 6 Marana Regular Council Meeting 01/03/2017 Page 115 of 172 N O 0 / m - tn. A k Council - Regular Meeting L1 Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 3, 2017 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a Person /Location Transfer Series 6 Bar liquor license application submitted by Kevin Arnold Kramber on behalf of Growler's Tap House, LLC, located at 8275 N. Silverbell Road #137, Tucson, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a Series 6 Bar liquor license at Growler's Tap House, LLC, located at 8275 N. Silverbell Road #137, Tucson, 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 01/03/2017 Page 116 of 172 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 Person/Location transfer Series 6 Bar liquor license application submitted by Kevin Arnold Kramber on behalf of Growler's Tap House, LLC, located at 8275 N. Silverbell Road # 13 7, Tucson, Arizona 85743 OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a Person/Location transfer Series 6 Bar liquor license application submitted by Kevin Arnold Kramber on behalf of Growler's Tap House, LLC, located at 8275 N. Silverbell Road #137, Tucson, Arizona 85743 Attachments Application Affidavit of Postings Local Governing Body Recommendation Description of License Types Marana Regular Council Meeting 01/03/2017 Page 117 of 172 Adzona Department of Li Licenses and Control 800 W Washin Sth Floor Phoenix, AZ 85007-2934 www.azli ( 602 ) 542-5141 Application for li License I Tvoe or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE) ARE NOT REFUN DABLE A service fee of w ill be char for oil dishonored checks A.R.S. ( § 44-6852 A SECTION I This application is for a: SE 2 T of Ownership. ElInterirn Permit (Complete Section 5) 01.T.W.R.O.S. ( Complete Section 6) [DNew License (Complete Sections 2, 3, 4,13o 14, 15, 16 ❑ (Complete Section 6) VIX) -Jh erson Transfer (Complete Section 2, 3, 4, 12, 13, 14, 16) QPartnership (Complete Section 6) I Ekocation Transfer (Bars and Li Stores Onl ]Corporation (Complete Section 7) ( Complete Section 2,3,4, 11, 13,14,16) JETLImited Liabilit Co ( Complete Section 7) L]Frobate/ Will Assi IDivorce Decree []Club (Complete Section 8) (Complete Sections 2, 3, 4, 9, 13, 14, 16 []Govern ment ( Complete Section 10) ( Fee not re []Government (Complete Sections 2, 3,4,10,13,16 ❑ ( Complete Section 6) E]Tdbe (Complete Section 6 El Seasonal E1Other (Explain) SECTION 3 T of license 1. T of License: LICENSE # 0 Lo k o n n!z1 SECTION 4 Applicants 1. Individual Owner/A Name: I .. dV A t 1044's3�a #-.#a Lust F W* hUddle � J> A - 4'. L. " _ 2, Owner Name . a.. - 4 cl,-., k (0 w nership no me for t of ownersh c hec kLxd on se0lon 2) 3. Business Name: _11-:2- r-j soL.2 (Exactl as It appears on the exterior of prembes) 4 L-'*4 f 4. Business Location Address: '5 -L O-L 6- ta 1 1 .0 C___4 kX (Do not use PO Box) Street cit slat Zip CoZ Count 5. Mailin Address: (All correspondence will be mailed to this address) Street cit State Zlp Code X.J 4C,� c 6. Business Phone: Da Contact Phone: 7. Email Address: V, � (Z) A, I N%11 8. Is the Business located within the incorporated limits of the above cit or town ?[ Yes No 9. Does the Business location address have a street address for a Cit or Town but is actuall in the boundaries of another Cit Town or Tribal Reservation? jzYesE1No If y es, what Cit Town or Tribal Reservation is this Business located in:-. V 10- Tota Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 li Store ( license onl $ ""� , 0 0 0 - C3 0 Department Use Onl Fees: 9'jD W Appilcation Interim PerrWd Site Inspection Fin Pri nts Total of AU Fees Is Arizona Statement o it izenship & Alien Status for State Benefits complete? Y es E]No P Accepted b Date: J r �� Licensek CIOUIC�11_ 4/12/2016 pa I of 8 Marana Re Council Meetin 01 1r / M y j j � Hq ls re ADA accommodations Please Call 1602)542-9027 Pa 118 of 172 SECTION 5 Interim Permit • If you inf end 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 some 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- . 1. Enter license number currently at the location:.... 2. Is the license currently in use? ❑ Yes ❑ No If no, haw I as it been out of use? Attach a copy of the license currently is sued alt W cation to this opplicotion. t, declare that I am the CURRENT OWNER, AGENT, OR CONTROLLING PERSON on (Print Full Nairn the stated l icense and location. (Si g na0 lly CURRENT Individual Owner /Agent) My comr ' ion expires on: Date State of County of The foregoing Ins Wment was acicnawledged Wore me this of - Day ' Month Year Signature ❑1 NOTARY PUBLIC SECTION 6 Individual, Partnership, J.T.W. R.O.S, Truk Tribe Ownerships 5ACH PERSON LISTED JUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD AND PROCESSING FEE FOR EACH CARD. Individual . ...... ..... .. Is any person other than above, going to share in profit /losses of the business? S No If Yes, give name, current address, and telephone number of persons ). Use a ' !anal sheets if necessary. Last First �. __ _ _ Middle Mallinra Address City State Vo Cade P'ho" #� Pa rtners hi a Name of partnership: General Limited last Fib Middle %Owned Mailing Address State np Code ❑ El DE] El El MEW J.T W_.R.0 Joint Tenant with Rights of Survivorship} Name of I.M. R.O.S: 4/12/2016 ,d page 2 of 9 Marana Regular Council Meeting 0lp)6 "O requiCm.) ADA accommodations ploose call (602)542 -9027 Page 119 of 172 SECTION 7 Corporations/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT'" TYPE FINGERPHNT CARD AND $22 PROCESSING PEE FOR EACH CAR El Corporation Complete Questions 1, 2, 3, 4, 5, 6, and 7 jif L.L.C. Complete Questions T, 2, 3, 4, 5, 6, and 7 ] .Nom of orporation L.L. ; . ..�,.� ,,�-L.'. ,,�, 0 &$ .� ... 2. Date Incorporated /Organiz I tote w here Inco rporate d /O rganized. ... 3, AZ Corporation or AZ L.L.0 File No: Cate authorized to do Business in AZ: 0 4. Is Corp /L. L.C. Non Profit ?El Yes No 5. List Directors, Officers, Members in Corporation /U.C: irid AM# 1AL4a4Lr% vw9 e. 51...76% AA4*4v.&a.n 't';h. 0^hlft Tfn jr"&-- d& AI��S Z 61M' ` w �.. . V i.+ ! i �.+1 . a` . / Mw 1 �► +.: 1110 �i r %%k A- 1. 6 - - ------------------------ VkA a ok > %S4.4 CIO [Anacn aaClii rbai sn it nmcessarY) 6. List all Stockholders j percentage owners who own 1 or mare: I IYz# V. —4 AAVA -11w i •_:T__� ■ ..i J��...r I"`,3.. C��w. ^Rur �.r ►.Yw kAmaCn sne n, n nece=Fyj 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 carder to disclose the officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. >q >g 411 2/2016 page 3 of 9 Marano Regular Council Meeting 0��ekAu1 s requiring ADA accomrnc>dations please call (602)542 -9027 Page 120 of 172 SEC11ON 6 - c ontinued TRUST Name of Trust= - - ------------------------ ------------ - - -- CIO 14� ti C1 Lr t C t :' ki � -L V—tk1--'LA- Kz- Oer kAmaCn sne n, n nece=Fyj 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 carder to disclose the officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. >q >g 411 2/2016 page 3 of 9 Marano Regular Council Meeting 0��ekAu1 s requiring ADA accomrnc>dations please call (602)542 -9027 Page 120 of 172 SEC11ON 6 - c ontinued TRUST Name of Trust= SECTION S Club Applicants EACH PERSON LISTED MO SUBMIT A COMPLETED QU ESTION NAIRE, AN "APPLICANT' TYPE FINGERPRINT CARD AND $22 PROCE FEE FOR EACH CARD 1. Name of C ub: 2. Is Club non-- profif?❑ Yes ❑ No 3. List all controlling members (minimum of four (4) requested) (Attach additional sheet If necessary SECTION 9 Probate, Will Assignment or Divorce Decree of an existin 1. Current Licensee's Name: (Exactly as it appear on the li c ense ) .. -- Lost First 2. Assignee's Name: <� Middle Lost FIt Middle 3. License Type: - -..... _._.._._.. License Number: ATTACH TO THIS APPLICATION A CERTIFIED COPY OFTHE 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 En tity: ._ 2. Person /Designee; l Lust Mi ddle Day time Contact P ho ne # A SEPARATE LICENSE DUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 1 I Location to Location Transfer: Series 6 Bar, Series 7 Beer & Wine Series 9 Liquor stores only) I _ Current Busin Name: ~VT�, 55 tA S _ r E-\. Na � �� ��.. �J Address: 6 L C.) t> r E i t s k (Exactly as it appears on license) 2. New Busin Name: A � � � � . � ►� � �� �"`t,,.�,... �..' � � � � �*�v� � � � +�`c.. 1. License T 4 Ype= License Number. License 4 page 4 of 9 lndivid l � rui6ng ADA occommodations please call (602)542 -2027 Marana Regular Council Meeting 01/03/2 Page 121 of 172 s Y SECTION 12 person to Person T ransfer Questions to be completed by Current LiIcensee (Bar and Liquor Stares Only_ Series, 06, 07, and 09) 1. Individual Owner / Agent lame: , _ Entity: Lag I^W Middle (Individual, Agent, E11c 2, Ownership Dame: (Exacter pears on license) 3. Business Name: ( Ex actly as it appears on 1'i+crar 4. Business Location Address: Street City State Zip S. License Type: ease N u er: 6. Current Failing Address: Sheet city State zip 7. Have all creditors, lien Iders, interest holders, etc. been notified ?] Yes [ No 8. Does the applicant into d to operate the lousiness while this application is pending. ❑ Yes EJUfa It yes. complete Section 5 fI termm Permit) of this application; attach tee, and current license to this application. 9. I. (Print Full Name hereby authorize the department to process this Application to transfer the privilege of the license to e applicant provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions. I certify t the applicant now owns or will own the p ri ghts of the license by the date of issue. I, VA n11 Full Name _,..W. declare fhat I am the CURRENT OWNER, MEMBER, PARTNER STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 12 and confirm that all statements are true, Correct, and complete. NOTARY X .�_. State of of (Skgnatvre of CURRENT Individual Owner /Agent) The foregoing kwkurnerd was acknovAedged !mow me this My commission expires on: � at Dante Day Month Year Signature of NOTARY PUSUC 4/12/201 page 5 of 9 Individuals requiring ADA accommodations please call (102)542 -9027 Marana Regular Council Meeting 01/03/2017 Page 122 of 172 SECTION 13 Proximity to Church or School Questions to be completed by all in -state applicants. X .R.S. § 4-207. (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (1 or within three hundred {300) horizontal feet of a fenced recreational area adjacent to such school building_ The above parogroph DOES NOT apply to: a) Restaurant License (§ 4- 205.02) Series 1 2 e) Government license (§ 4- 205.03) Series S h) Hotel /motel license (§ 4- 205.01 )Series 1 ] f) Fenced playing area of a gol cowse (§ 4.207 (B)(5)) c) f icrobrewery Sees S 9) Wholesalef aefles 4 d) gaff Distillery Sefles 18 h) Fora Winery Series 13 ' 1. _ ... 1, Distance to nearest school. Name of School: - �-- - t om. ( it less than one ( i ) mile mole footage icy c> t> r �. '� ►.r '�" ../ Address: t.-. 2. Distance to nearest Church: Name of Church: ^-e ...-� 4' MA. 0- (if less than one (t ) mile rate. footage) Address: �. E5 > _ A mot. �"�" 1 ►..� SECTION 14 Business Financials 1. I am the: >dLessee El Sub-lessee El owner El Purchaser El Management Company 2. If the premise is leased give lessors: Name: Gll_� Address t O -- street ON st+art Zip 3. Monthly Pent/ Lease Rate: IL _ r ' x 4, What is the remaining length of the lease? Yrs. � _ Months 5. what is the penalty if the lease is not fulfilled? $ " � " ' or Other; C S , 0 , ,, � Z `- (Give detaib- attach additional sheet If necessary) b. Total money borrowed for the Business not including lease? $ C�'r�p Please List lenders /People you owe money to for business. Last First Middle Arnourd (awed Mailing Address City a State Zin (Attach odditional sheet if necessary) 7. what type of business will this license be used for (be specific) 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? [:3 Yes o If yes, attach explanation. 9. Goes any spirituous liquor manufacture, wholesaler, or employee have an interest in your business ?E]yes No 10. Is the premises currently license with a liquor license? El yes)dN If yes, give license number and licensee's name. License #: `'' Individual Owner /Agent lame. (Exactly cts it appears on kense) 4/12/2016 page ,6 of 9 Marana Regular Council Meeting 01 ?66" requiring ACA accommodations Please call X602 }542 -9027 Page 123 of 172 IL &J Y �� A." .....aJ� - ...•r.•.y (Attach odditional sheet if necessary) 7. what type of business will this license be used for (be specific) 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? [:3 Yes o If yes, attach explanation. 9. Goes any spirituous liquor manufacture, wholesaler, or employee have an interest in your business ?E]yes No 10. Is the premises currently license with a liquor license? El yes)dN If yes, give license number and licensee's name. License #: `'' Individual Owner /Agent lame. (Exactly cts it appears on kense) 4/12/2016 page ,6 of 9 Marana Regular Council Meeting 01 ?66" requiring ACA accommodations Please call X602 }542 -9027 Page 123 of 172 0 0 SECTION 12 P.6rian"- Person Tranifer Quesfion,s: f6 be c0mP(ete0.by.---C4renf Licensee'.(' ' r and So . Li Stores -Onl dries, 06.. 07, and 09) I . - Individual Owner / A Nanie, C11 A. � ; �- .... Entit Lost. First 2. Ownership Na'rne: _.� �� �' �. �� (Ex as it app�ars on ncense 3. Business Norne (Exodly"Os It appears on ffceoi ;) . ta K"a occiflon Address.., 4�; 4. Bus'ne�s L' C#V state Zip 5. License T C� s.:. -4�, i License Number. ------------------------ 6. Current Mailing Address: '` -' � � � �.�.�. w""���.��- �,k � �� w `' �;. ►,:.�� sfteet CN 7, Have: all creditors, lien. holder interest, holders, etc, been no Kried? EfYes -E] No h zip 8. Does''the opplicant i,ntendIo o 06rote the business while this OPPlicatiob is' pen'din El Yes, If Yes, complete Section . 5 (. Interim Permit "of this aiPplication; attach fee, and_cuaent license,to 1hi ap licatj is P OrL • 1, (print Full N I- ". ., A" - , hereb authortze the depart ment to P recess this Applicaflon to transfer the, pri'vileg6of -the license to the--ioppl-icarif- that all terms and con' l ens of saka are met. Based on the fulfillment of these condIflons,, I. I certify thaf the Op nOw owns or will own 'the properf ri of tha-Jicem0, b the date of Issue. declar that I bm' -h CURRE-NT OWNER,. MEMBER, PARTNER e STOCKHOLDE I SE f the to e l I hd' d _ ve read the above Sec'fi' pn ond. confirm that all state meats are true, co t, a nd C om Olete. NPI .A R Y x OfIcu RUNT MY ComrnNsbn expirt�,S,oh: 'I 0,A) t'� �7- o'd - 0 U A. 4P NOWY Pahk -C loilo 1 - W 1r- 'Ay COMM- I � .o u rt�r � o State of TM Weadna before r" lb - jz Aj 0 G U L_.. Day Month- YOM. n or P990 1110rriduaIS:rO AAA A acc�omnj p as co (602)542 . Marana Re Council Meetin 01/03/2017 Pa 124 of 172 4 0 0 SECTION 15 Restaurant or hotel /mote! license applicants 1. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location? []yes[:] No 2. If the answer to Question i is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. § 4. 203.01; and complete SECTION 5 of this application, 3. All Restaurant and Hotel /Motel applicants must complete a Restaurant Operation Plan form provided by the Department of Liquor Licenses and Control, 4 . AS stated in A.R.S. § 4- 205.2.) (, a Restaurant is an establishment whic ernes at least forty percent of its press revenue from the sale of food. dross revenue is the revenue deri from sales of food and spirituous liquor on the licensed premises. By applying for this ❑ Restaurant El el /Motel, I certify that I understand that I must maintain a minimum of forty (40) percent food sales base these definitions and have included the restaurant Hotel Motel Records Re uired for Audit form with this a cation. ( Segm t w) 5. 1 understand it is my responsi ' ` y to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables an airs are on site, kitchen equipment, and, if applicable, patio barriers are in place pan the licensed premises. wit e exception of the patio barriers, these items are not required to be properly installed for this inspection. Fail to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days er filing your application, please request an extension in writing; specify why the extension is necessary; and the new inspection date you are requesting. (Appkarft Initials) ECTION 16 Diagram of Premises Check ALL boxes that apply to your business. M� Entra nces/Exits ,� Liquor storage areas Patio: Contiguous El Walk-up windows Drive- through windows ❑ Ikon Contiguous 1. Is your licensed premises currently closed due to constructio , ren vation P redesignlz ❑ No If yes, what is your estimated completion date? 0, �" k �'. 0 MQnth / ►/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 areas) where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above) . d. Provide the square footage or outside dimensions of the licensed premises. Please do not include non ficensed premises such as parking lots, living quarters, etc. 5. As stated in A.R.S. § 4- 207.01 (B)r I understand if is ray responsibility to notify the Department of Liquor Licenses and control when there are changes to the boundaries, erriranaes. "s, a ed or deleted doors, windows, .service windows or increase or decrease to the square footage after Is initial diagram. (App4c s initials) 4/12/2016 page 7 of '� Individuals ls requiring ADA accarnmodaf�ons please call (602)542w9027 Marina Regular Council Meeting 01 Page 125 of 172 r � SEC71ON 16 Diagram of Premises - continued Ilk 6. On the diagram phase show only the arenas where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, hi -top tables, dining tables, dining chairs, dance floor, stage, game room, and the kitchen. Do NOT include parking lots, Hving quarters, etc. When completing diagram, North Is up T. If o 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 4/ 1 2/20 1 6 pogo 8 of 9 Marana Regular Council Meeting 0q/�Md* requiring ADA accommodations pease call 1672)542 -9027 Page 126 of 172 � � ! ' ! I mo.. ........ ... .... -- •-- ............- .._.,...,_.,.ti � f , r r • � ` �, • C) ESTRIPE LOADING ZONE �j --MOV TO THE NORTH 4I —REDUCE TO 12'W x 3 0 L �,•. DUMPSTER ENCLOSURE TO REMAIN 1 '•�, FiREPLAC is 1 • ~ � Ti!II � MI �� IOUT OR SE ASTJNG r MAINTAIN i S`t �F�1'�fALK TO PU RLIC ,IWAY ' s x � L •~✓A ` 4 , IM - � i Iii E ,f'C BAR J. KITCHEN 5: r �, r � • 1 �� �. '�• I } iI t j > Im D INING ADJACENT TENANT f til ROWLER'S TAPHOUSE SITE PLAN SCALE,' I 11 6 0„ 1 SECTION 17 SIGNATURE BLOCK NO'T'ARY l (Print Full + --� � , h ere by declare that I art the Owner /Agent filing this application as stated e 'a 4 1. 1 have read t applicafion and verity all statements to be true, correct and complete. r X State of County of WCDA� e of CURRENT Indrvidudl Owner/Aged) The kmgcing hnftrnent was nckn6wledged before me thb My commi�sion expires of M�Y PUS IZONA Day M Yew M, RIcopA cot o MO.M.4i di1 11orure Cif N PU6f# A. R. 41-1030. Invalid' oaf ruins not made orgordinc to this chapter prohibited a Inc #i n• jarohlbited acts by state emrt Icy ees; enforcement; notice B. An agency shall not base a licensing decision in whale 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 stotute 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 condi #ion. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE CO URT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE L ICENSE APPLICATION TO A PARTY THAT PREVAILS IN AIN ACTION AGAINST THE .STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE M NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F, THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12- 820.01 OR 1 2- 820,02. 41 page 9 of 9 Marana Regular Council Meeting 01 )0�dWs requiring ADA ocaornmodations please cols (602)542 - 9027 Page 128 of 172 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, Az 85007 -2934 www.azliquor.gov (602) 542 -5141 AFFIDAVIT OF POSTING November 30 2016 �2����� Date of Posting: � Date of Posting Removal: Applicant Name: Kramber Kevin Last First Business Address: " 275 N. Silverbell Rd #137 6 Tucson Street License #: 0 6100051 City 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. Christine Byler Print Name of City /County Official Community Development Coordinator ( 5 20) Title Signature Middle 85743 Zip Phone Number Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. 11/24/2015 Page 1 of 1 Marana Regular Council Meetiqj"'0q9uiring ADA accommodations please call (602)542 -9027 Page 129 of 172 Arizona Department of Liquor Licenses and Control Soo W Washington 5th Floor Phoenix, AI 85007 -2934 www.azliquor.gov (602) 542-5141 Local Governing Body Recommendation A. R.S. § 4 -201 (C) 1. City or Town of. Town of Marana (Circle one) 2. County o f: f• Pima Liquor Li A pplication #: 06100051 (Arizona application #) City/Town/County : L_L2016 -16 v v 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2), (Name of entertainment district) A boundary map of entertainment district must be attached. 4. The Marana Town Council at Regular .. ----- ........... . ... ........ ........ ... .. (Date of resolution to create the entertainment district) meeting held on the 3rd of (Governing body) (Regular or special) (Day) J 2 g 1 7 considered the app lication of Kevin Arnold Kra m ber (Month) (Year) (Name of applicant) for a license to sells spirituous liquor at the remises described in application 06100051 p q p pp (Arizona liquor license application #) for the license series #: typ p Y A.R.S § e Series #� Bar as provided b 4 -201. (i.e.: series #10: beer & wine store) ORDER OF APPROVAL/DISAPPROVAL 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 (Location) Jocelyn C. Bronson on , If . (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 9/29/2015 Page 1 of 1 Marana Regular Council Meetilgi�Oaq)2mgruiring ADA accommodations please call (602 )542-9027 Page 130 of 172 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses gPri Pc, Fi Ra r 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 01/03/2017 Page 131 of 172 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 01/03/2017 Page 132 of 172 N O 0 / m - tn. A k Council - Regular Meeting L2 Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 3, 2017 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Interim Permit /Person Transfer Series 6 Bar liquor license application submitted by Matthew Robert Nuechterlein on behalf of Gallery Golf Club, located at 14000 N. Dove Mountain Blvd., Marana, Arizona 85658 (Jocelyn C. Bronson) Discussion: This application is for a Series 6 Bar liquor license at Gallery Golf Club, located at 14000 N. Dove Mountain Blvd., Marana, Arizona 8 5 6 5 8. 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 01/03/2017 Page 133 of 172 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 an Interim Permit /Person Transfer Series 6 bar liquor license application submitted by Matthew Robert Nuechterlein on behalf of Gallery Golf Club, located at 14000 N. Dove Mountain Blvd., Marana, Arizona 8 5 6 5 8. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of an Interim Permit /Person Transfer Series 6 bar liquor license application submitted by Matthew Robert Nuechterlein on behalf of Gallery Golf Club, located at 14000 N. Dove Mountain Blvd., Marana, Arizona 8 5 6 5 8. Attachments Application Affidavit of Posting Local Governing Body Recommendation Description of License Types Marana Regular Council Meeting 01/03/2017 Page 134 of 172 F ye a �ti1�r�1 r ; r fr �-•JL ii,.. `"".,7 "f ,..• t ArIzono Department of liquor Licenses and Control $00 w Washington 5th Floor Phoenix, AZ $5007 -2934 www.ozgquor.gov (602) 542 -5141 Appiicofion for Liquor License Tvoe or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEE (if APPLICABLM ARE NOT REFUNDABLE A s e fee of 2,5 will be r . s1 �n t s f ii c u :} e : x ! it f _)oj[J � 7 SECTION 1 This a pplication is for a: S ECTIQtj Type o f Owners (DInterim Permit (Complete Section 5) - ❑J.T.W.R.O.S. (Complete Section 6) [:]New License (Complete Sections 2, 3, 4, 13, 14, 15,16) ElIndividual (Complete Section 6) O Person Transfer (Complete Section 2, 3, 4, 12, 1 14, 16) [l Partnership (Complete S ection 6) El Location Transfer (B ars and Liquor Stores Only) Elcorporation (Complete Section 7) (Complete Section 2, 3, 4, 11, 13, 14, 16) R JUrnited Liabilify Co (Complete Section 7) [JProbatel will Assignment/ Divorce Decree []Club (Complete Section 8) (Complete Sections 2, 3, 4, 9, 13, 14, 16) [:]Government (Complete Section 10) (Fee not rewired) ]Trust (Complete Secti Seasonal on 6) UGovernment (Complete Sect 2, 3, 4, 10, 13, 1 b) Otn (Complete Sect b) Dother (Explain) StgTION 2 Type of license 1, Type of License: Bar (Series 8) E 1'ION 4 Applicants 1. Individual Owner /Agent's flame: Nuechterlein L=t 2. Owner Name: Gallery Beverage LLC Fhl v (4wnenhip name for type at ownenhip 4c1heck+rd on am lon 2) 3. Business Name: Galle Golf Club (Exactly as it appears on Me exlert of premises) 4. Business Location Address: 14000 N. Dove Mountain 5 V'JA. Marano AZ 85658 Pima ( Do not use ro box) street C#Y ste to zip Code County 5, Mailing Address: 8501 Boulder Bridge Pass Morava AZ 85658 We cmespond once will be mailed to thh address) Stroo etty Mate Z Cade 6. Business Phone: (520) 572 -3548 Daytime Contact Phone: - 4 C) 7. Email Address: mnueehterlein @godovemtn.com 8. Is the Business located within the incorporated limits of the above city or town ?R1Yes[3No 9. Does the Business location address have a Street address for a City or Town but is actually in the boundories of another City, Town or Tribal Reservation? [:]Yes[Z]No If yes, what City, Town or Tribal Reservation is this Business located in: 10. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Boer or Series 9 Liquor Store ( license only) $ Q.aO Fees. �. � � ` .��Q� Department Use Only < $� AppttcaHon InteIm ►ermN Me InspecMon Nnget Pdirts 1'OMI Of All fees Is Arizona Statement f Citizenship &Alien Status for State Benefits completed 0 yes 0No Accepted by: Date: .���1� License # LICENSE # Matthew 4/12/2016 page 1 of 8 Marana Regular Council Meeting 16*tjV0xequi(ng ADA accommodations please call (602)542-9027 Page 135 of 172 SECTION 5 Inteft Perm 0 e If you intend to operate business when your application is pending you Will need are interim permit pursuant to A e There MUST be a valid license of the some type you are applying for currently issued to the location or for the replacement of a Hotel /hotel license with a Restaurant license pursuant to A.R.S. § 4W203.01 . 1 . Enter license number currently at the lo catio n: 06 2. Is the license currently in use? 0 Yes El No If no, how long has it been out of use? Attach a copm of the license currently issued of this location to this a piication. ARTH U Q ,. f P0W �P V -* ' - \ d eclare that i am the CURRENT OWNER, AGENT, OR CONTROLLING PERSON on rPtf ame the stated license and l " 44 - r (Signature of CURRENT IndMdual OwnO /Ageno - My commission expires on: L te N #� MA RCO ro rY t - Arizona January 17, 201-7 State of A- 1 1 ?4'�4 ;1 ounty of A ,' The foregoes ln*unet was acknowte ged arr ff* this 2f Of /V0 V f -4 -0 r- —1 -:>0/6 Day Month 'Year Sigrnat re d NOTARY PUSUC SECTION 6 Individual, Partnership,1T.W.R.o.S, Trust,. Tribe Ownerships EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICAW TYPE FINGERPRINT CARD AND= PROCESSING FEE FOR EACH CARD. Individual Is any person other than above, going to share in profit /losses of the business? [ [ No If Yes, give name, current address, and telephone number of person(s). Use additional sheets if necessary. Name of J.T.Q. R.O.S: Partnership Name of Partnership; T w. RAS (Joint Tenant with Rights of Survivorshi 4/1 2 /2 9�arana Regular Council Meeting 01/03/2017 , , Image of Page 136 of 172 In dividuais requrring ADA aCCommodations please call (6021542 -9027 0 0 E W continued TRUST N ame of Trust: Lash Middle MaWN AddAm qX slake Ap Code Ti N ame of Tribal Ownership: MkWla Malting Address gy Slate Zip C ode SECTION 7 Corporations/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN '"APPUCANT" TYPE FINGERPRINT CARD AND= PROCESSING PEE FOR EACH CARD. �] Corporation Complete Qu estions T F 2, 3, 4, 5, 6 and 7 L LC. C omplete Questions 'i , 2 3, 4, 5, 6, and 7 1. Name of Corp oration/ L.L.C: Gallery Beverage LLC 2. Date Incorporated /Organized: I UZ 6 1 46tate whom Incorporated /Organized. AZ 3_ AZ Corporation or AZ L. L.0 Fil N o: L21402104 ...,_ _ D ate authorized to do Business in AZ: 11 4. Is Corp /L.L.C. Non Proft?D yes21 No 5. List Directors, Officers, Members in Corporation /L. L.C: U= RV Mkl Tft M2LMg Addken 9Y Stdo Pp Code S ilva Elcio Member 12930 Bledsoe St, #124, /Fort Wofth, Tepees 76107 (Minch addMorial sheO I nscessW) 6. List all Stockholders / percentage owners who own 10 or more: tmocn 4aamm sneer w necesxa yj 7. If the corporation/ L. L.0 are owned by another entity, attach an Organizational FLOWCHART showing the structure of the ownership. Attach addtionai sheets as needed in order to disclose the Officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. 4/ 12/2016 page 3 of 9 Marana Regular Council Meeting dy*jq �egoHng ADA aoaommodafms please Gall (602) 542-9027 027 Page 137 of 172 SECTION B Club Applicant EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "A"UCANT` TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CA RD I. N ame of Club: 2. � Club non- profif? [:1 Yes El No S. List all controlling members (minirnum of four (4) requested) Lew MkWW Malling Addma Skft Up Code (Aftach addMorwoi sh&O If mcessmy) SECTION 9 ProWe,, Will Assignment or Divorce Decree of an existing Liquor license 1 . Current Licensee's Name; (Exactly as It appear an the license) L Hn1 lNlddb 2. Assignee's Name-, - - - - - -- Last Fib Ml dcRe 3 . License Type: License N umber: ATTACH TO THIS APPLICA7 A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE. AEC119N 19 Government (for cities, towns.. or counties only) 1. Government Entity: 2. Person /Designee: lW Lost Middle Day time Contact Phone # A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION I t Location to location Transfer: Series b Bar, Series 7 Beer & Wine Series 9 Liquor Stores only) 1. Current B usine ss: Name. Address: (Exactly as It appew on license 2. New Business: fame; Address: 1. License Type; License Number: 4/12/201 page 4 of 9 Marana Regular Council Meeting 69q6jq�MyeqUidng ADA accommodations please call { -602)542 -9027 Page 138 of 172 SLQ52N 12 Person to P erson Transfer Questions to be completed by Current licensee (Bar and liquor Stores only- Series, 06, 07, and o ?) ` Vj NLILAC 6 CZ- - c h6 CtQ-T_ 1. Individual Owner / Agent Marne; Entity: Lost Hirst Middle (lndviaual, Agenf, Etc.) 2. Ownership Name: AC P MA INC. (Exactly as it appears on license 3. Business N ame: G ALLERY G O LF C LUB (Exactly as ft appeom on license 4. Business Loca Address. 1 4000 N. DOVE MOUNTAIN BLVD., MARANA, AZ 85658 Street city stole Zip 5 , Lice Type: S E R I ES o6 License Nu mber: 06100275 6. Current bailing Address 1 4000 N. DOVE MOUNTAIN BLVD., MARANA, AZ 85658 shy C"y Stole Zip 7. Have all creditors, lien holders, interest holders, eta. been notified? 0 Yes El No 8. Does the applicant intend to operate the business while this application is pending? [E] Yes E] No If yes, Complete Section 5 (interim Permit] of this application; attach fee, and current license to this a pplication. 9. I, (Print P ull N ame) here! au thorize the dep to p rocess this Ap t Y p � 0 transfer the privilege of the license to the applicant provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. l (Mnt Fu1 lam *) ARTHUR C. POW E LL declare that I am the CURRENT OWNER, MEMBER, PARTNER STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 12 and confirm that all statements are true, correct, and complete. X (Stgncfure of CURRENT Individual OwnerJAged) NgA RY State of z • Counter of At The foregoing lnskvmed was acknowledged befole rm this s r My commission expires on. y� - MARCO NVITo Notary Public . Arizona Maric nY '• opa County i r . ►. ' My Commission E xpires `''' Janus 17, 2017 of Day Month Year Signature of NOTARY PUBLIC 4112/29A 6 page 5 of 9 arana Regular Council Meeting 01/03/2017 Page 139 of 172 individuals requiring ADA accommodations please call (602 )542 -9027 0 0 SECTIO N 13 Proximity to C h arch or Sc hool Questions to be completed by all in -state applicants, A.R.S. § 4.207. f A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (1 or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building, The oboe paragraph DOES N QT a pply to: a) Restaurant license R 4-205.02) Series 12 e} Gavemment license (§ 4- 205.03) Series 5 b) Hotel /rndltel license (§ 4- 205.01 )Series 11 0 Fenced playing area o f golcourse 4M207(8)(5)} 0 Microbrewery Series 3 g) Wholesaler Series 4 d) Craft Distillery Series 13 h) Form Winery Series 13 1. Distance to nearest School: g• 1 miles Name of school: Marjorie W Estes Elementary School ( if less than one ( m ile note footage) Address; 112$0 W Grier Rd Marana, AZ $5658 2. Distance to nearest church: 6.1 miles (if less than one (i ) mite note footo9e) N ame of Church: Regeneration church Address 3634 W T Place Marana AZ, 85658 SECTION 14 Business Financials 1. I am the; ❑Lessee [:1 Sub-lessee El owner 2. If the premise is leased give lessors: Name: 3. Mo n thly Rent/ Lease Fate: $ - .. 4. what is the remaining length of the lease? Yrs, Address. 5. what is the penalty if the lease is not fulfilled? $ 6. Total money borrowed for the Business not including lease? $ Please List Len ders /People you owe money to for business. �]�.. Purchaser El Management Company street city State Zip Months or Other: [Give details -dHdch addl#Fonal sheet It necessary] 0 Lost First Middle amount Owed IVloilirt Address CN state TI (Aftdah additional sheet it necessary) 7, what type of business will this license be used for (be specific)? For profit golf country club with a restaurant and lounge, outdoor terraces, outdoor large function area and golf cart beverage service 3. Has a license or a transfer license for the promises on this application been denied by the state with in the past (1) year? ❑ Yes 0 No If yes, attach explanation. 9. Does any spirituous liquor manufacture, wholesaler, or employee have an interest in your business ?Elyes ❑ No 10. Is the premises currently license with a liquor license? [Z] Yes❑ No If yes, give license number and licensee's name. License # � 061002 4 "`�'�.� � �. � pt i �� Individual Owner /Ag ent Name. � (E=c#hr as it wears on iicense) 4/12/2016 page 6 of 9 Individuals requiring ADA accommodations please call (602)542 -9027 Marana Regular Council Meeting 01/03/2017 Page 140 of 172 0 0 LOPN IS Restaurant or hoteVw otel license appricants 1. Is there are existing Restaurant or Hotel /Motel Liquor license at the proposed Iocation ?DYes[:1No 2. If the answer to Question 1 is YES, you may qualify for an Intenrn Permit t operate while your a pplication is pending; consult A.R.S. § 4 203.01; and complete SECTION 5 of this application. 3. All Restaurant and Hotel/Motel applicants must complete a Restaurant Operation Plan fora provided by the Department of Liquor Ucenses 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 fond. Grass revenue is the revenue derived €roar sales of food and spirituous liquor on the licensed premises. By applying for this 0 Restaurant 0 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 HotelMqtel Records Pe ire f it form with this application. 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 piece on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after fling your application, please request an extension in writing; specify why the extension is necessary; and the new inspection date you are requesting. (Appkanrx IniNft) SECTION 1 Diagram o f Premises Check ALL boxes that apply to your business: 2 Entrances /Exits I,� Liquor storage areas Patio: El contiguous ❑ Walk-up windows ❑ Dnve- through windows ❑ Non Contiguous 1 . Is your licensed p remises currently closed due to construction, renovation or redesign? El Yes [D No If yes, what is your estimated comOetion date? Morft/DW/Yew 2. Re staurants qnd 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 h is a restaurant (see # 3 above). 4. Provide the square footage or outside dimensions of the licensed premises. Please do not include nonAicensed premises such as parking lots, living quarters, etc. 5. As stated in A.R.S. § 4 (B), 1 understond It is my responsibility to notify the Depatment 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 tootoge offer subrviftting this inertial diagram. M App9carWs Malls) 4/12/2016 page 7 of 9 Marana Regular Council Meeting 619kO s7requhing ADA accommodations please call (602)542 -9027 Page 141 of 172 0 SECTION 16 Diagram of Premises - continued 6. On the diagram please show only the areas where stairituous fiquor is to be scald, served, consumed, dispensed, possessed or stored. R must show all entrances, exits, interior wails, burrs, 1414op tables, dining tables, dining chairs, dance floor, stage, game room, and the kitchen, DO NOT include ping lets Inning quadem. etc. When completing diogrom, North is up T. If a legible copy of a rendering or droving of your diagram of the premises is attached to this application, please write the wards "DIAGRAM ATTACHED" in the box provided for the diagram on the application. DIAGRAM[ of PREMISES j � v'Gtvk Fric� 4/12/2016 page 8 o f 9 Marana Regular Council Meeting 0 *4 0requinng ADA accommodations please call (602)542 Page 142 of 172 0 0 SECTION 17 SIGNATURE BLOCK ��� ■.11111111 IA IA 1 1 NOT AR Y 1, (Print bull Homy tthe U Chte el , hereby eclare that I am the Owner/Agent ent fifin this application as Y � � pp stated in Section 4 j I. ire r a his application and vefify all statements to be true correct and complete. State of , ' - County of _ Ti" FLA Ind �7Wne�r/ rat The foregvfig 1n*umenf was ackwMedved bOoft ray this commission e x p i res on: ! �� Y l Df eA-l.4 atl 6 ay monm Yew ryrwr -w w.r ►��w••••• .••. ••••••k'w..xtaw wrww•w+ , NOTA; 7 FU W IC ' HNAL COUNTY labs of NOT Y Pub riy Comm sion Expkvs February 17, WO A.R.S. § 41 -1030. invalidity of rules not made a ccor.d.....in-a to this charter; prohibited mency__action; prohibited acfs by statp em to ee • g afREg ent: 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 A WARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY rEES. 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 PURSuANIT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 1 2- 820.01 OR 12-820.02. 4/ 12/2016 page 9 of 9 Marana Regular Council Meeting dn1 4M4roq ,1irirrg ADA accommodatlans please call (602)542 -9027 Page 147 of 172 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix.. AZ 85007 -2934 www.azliquor.gov (602) 542 -5141 AFFIDAVIT OF POSTING Date of Posting: November 30,2016 Date of Posting Removal ` 11 1 I T Applicant's Name: Nuechterlein Matthew Lasi first Business Address: 14000 N Dove Mountain Blvd i Marana Middle 85658 Street - city Zip License #: 06100275 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. Christine Byler Community Development Coordinator ( 52 0) 3 Print Name of City/County official Title Phone Number Signature p' 1 I I I ("e2 Dale Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. 11/24/2015 Page 1 of 1 iMarana Regular Council Meeting ADA accommodations please call (602)542-9027 Page 148 of 172 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 850072934 www.azliquor.gov (602) 542 -5141 Local Governing Body Recommendation A.R.S. § 4- 201(C) 1. City or Town of. Town of Marana (Circle one) 2. Cou nt y of: Pima Liquor License Applicatio n #. 06100275 (Arizona application #) City/Town/County : LL 2016 -17 Y Y 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4-207(D)(2), (Name of entertainment district) (Date of resolution to create the entertainment district) A boundary map of entertainment district must be attached. Marana Town Council Regular 3rd 4. The at a meeting held on he (Governing body) (Regular or special) (Day) January 2017 considered the application of Matthew Robert Nuechterlein (Month) (Year) (Name of applicant) for a license to sellspirituous liquor at the premises described in application 061 00275 for the license series #: type Series #6 Bar (i.e.: series #10: beer & wine store) (Arizona liquor license application #) as provided by A.R.S §4 -201. ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Matthew Robert Nuechterlein (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) Jocelyn C. Bronson (Printed name of city, town or county clerk) (Signature of city, town or county clerk) of 9/29/2015 Page 1 of 1 Marana Regular Council MeetiqWM649uiring ADA accommodations please call (602 )542 -9027 Page 149 of 172 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses gPri Pc, Fi Ra r 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 01/03/2017 Page 150 of 172 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 01/03/2017 Page 151 of 172 N O 0 / m - tn. A k Council - Regular Meeting L3 Meeting Date: 01/03/2017 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 3, 2017 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an Interim Permit and New License Series 12 Restaurant liquor license application submitted by Carlos A. Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: This application is for a Series 12 Restaurant liquor license at Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Regular Council Meeting 01/03/2017 Page 152 of 172 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 an Interim Permit and New License Series 12 Restaurant liquor license application submitted by Carlos A. Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of an Interim Permit and New License Series 12 Restaurant liquor license application submitted by Carlos A. Garcia Duran on behalf of Mariscos Chihuahua, located at 4185 W. Ina Road, Tucson, Arizona 85741. Attachments Application Affidavit of Posting Local Governing Body Recommendation Description of License Types Marana Regular Council Meeting 01/03/2017 Page 153 of 172 r r } .� #e ` . n Z i '..- '. �,,,. r�r 1 Ar *zona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, Az 85007 -2934 www.azliquor.gov (602) 542-S141 Application for Liquor License Tvne or Print with Back Ink APE AND INTERIM PE IT FEES 1F APPLICASL ARE N - OT REFUNDABLE A sefvlcp f 5 wits be g hai' ed for all Ish2noted checks A. R.S. § 44-6U2 SECTION "i This application Is for a: SEC11ON 2 Type of Ownership: l terim Permit (Complete' Section 5) .T.W.R.O.S. (Complete Section 6) ew License (Complete Sections 2, 3, 4, 13, 14, 1 5, 16) Individual (Complete Section 6) E]Person Transfer (Complete Section 2.3, 4, 12, 13, 14, 1 61 ElPo ( Complete S ection b Elocation Transfer (Bars and Liquor Stares Only) Dcorporation Com fete Section � (Complete ) (Complete Section 2, 3, 4, 11, 13, 14, 1 6) OLimited Liability Co (Complete Section 7) []probate/ will Assignment/ Divorce Decree [:]Club (Complete ti n Sea a 8) (Complete Sections 2, 3, 4, 9, 13, 14, 16) [:]Govemment (Complete Section 10) (Fee not requ El Government (Complete Sections �, 3J 4, 1 13, 16j n Trust tComplete Section 6 �, Seasonal E]Td (Complete Secfon 6) DOther (Explain) SECTION 3 Type of license 1. Type of License: RI RESTAURANT LICENSE 6 ?-S .... ... ... Applicants 1. Individual Owner/Agent's d ame. GARCIA DURAN CARL OS f Lost 2. Owner N ame.- CARL] GARCIA DURAN fist 1�Ur� " (Ownership name for types of ownership checked can section 3) 3. Business Name: MART COS CHIHUAHUA (EX041ty a$ ff OPpeaM an the extetiar of prembes) 4. Business Location Address: 4185 w INA RCS TUCSON AZ 85741 PIMA (Da not use PU box) sheet 5. Mailing Address: 4185 W INA RCS City Vote Zip Code County TUCSON AZ 85741 (Ali com►spondence will/ i� maned to " addrew) street City state Zip Cc 6. B usiness Phone: (520)5572 -2 520 - 4067 5837 Daytime Contact Phone: 7. Email Address: NONE 8. Is the Business located within the incorporated limits of the above city or town�[:]Yes No 9. Goes 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? (YesMNo If yes, what City, Town or Tribal Reservation is this Business located in: IVIAM 114M 10. Total Price paid for S eries 6 B err, Series 7 Beer & w ine Bar or S eves 9 Liquor Store � lice nse Manly) $ C1� mint use Only � Fees: oo . Appilc0on Intedm Permit SRe Inspection Hng& Prints Total of All Fees Is Arizona Statement of Citizenship & Alien Status for State Benefits completed 0 yes ©No Accepted by: - Date. License # 4/12/201 page 1 of 8 lndnriduai requVing AIWA accommodations phase calf (6021542 -9027 Marana Regular Council Meeting 01/03/2017 Page 154 of 172 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 vaiid license of the some type you are applying for currently issued to the location or for the replacement of a Hotel/Motel license with aE Restaurant license pursuant to A.R.S. § 4-203.01. 1. Enter license number currently at the location: 12103993 Z. Is the license currently in use? es ❑ No If no, how rang has it been out of use? Attach a copy of the license currently issued at this location to this appllcotion. f, JESUS ALCNSO MENDOZA ABCYTES declare that I am the CURRENT OWNED, AGENT, 0 CONTROLLING PERSON on (Print F No e) the st ated license and location. 4 1 ARIZONA PIMA e�2' On State of _____ County of (SigrKdure Of CURRENT I u+�[ ner /Agent) m __. The foregoing ln*unrwnt was acknowledged betam me this My commiss expiros on: � `� � of OCTOB 2016 Date Day Month � Ye*r Ure I low SECTION 6 Individual, Partnership, r r r e S EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTION AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. I GARCIA DURAN, CARLOW A - 100% 4185 W INA RD TUCSON AZ 85741 Is any person ether than above, going to share in profit /losses of the business? ❑ Yes ❑ No If Yes, give name, current address, and telephone number of persons). Use additional sheets if necessary, Partnrshi� Name of Partnership: J.T.W.11.03 (Joint Tenant with Rights of Survivorship) Name of J.T.W,R.o.S: 4/12/2016 page 2 of 9 Individuals requiring ADA accommodations please call i602i542 --9027 Marana Regular Council Meeting 01/03/2017 Page 155 of 172 0 lb tqg �j e t LI LiC, P142 68 IS 1()e 1[c, I C � G6tb NC qwle J, �. I N �o lLtd�9�i� � �9 � puy K- cn.��� �ttwS 4ntA 141 Ike PIP rNl� �eaS for `t0�`� I 73S �Kor pmt k� t yl pJ�l.) r y'P 1/1}C M eod A Ei Z� 4 Marana Regular Council Meeting 01/03/2017 Page 156 of 172 S ]tON b - continued TRUST Marne of Trust: SECTION 7 Corporaflons/ LImIlted Lobar Co EACH PERSON LISTED ,MUST SUBMIT +A COMPLETED QUESTIONNAIRE, AN " APPLICANT' TYPE FINGERPRINT CARD AND $22 PROCESSING FEE fOR EACH CARD. D Cotparcrfiion Complete Questions T ,, 2, 3, 4. 5} 6, and 7 ED L.L.C. CaMplete Questions a t t ■ 4 and I . Name of Corporation/ L.L.C: 2. Date Incorporated /Organized: State where Incorporated /Organized: 3. AZ Corporation or AZ L.L.0 File No. Date authorized to do Business in AZ; 4. Is Corp/L.L.C. Nora Profit? E] YeS EJ No 5. List Directors, Officers, members in Corp-oration/L.L.C: t^ 11 ut;n ouamonaa sneer kt neceswWj tpuK cn oawmoncu snew ff necessary) 7. If the corporation/ L.L.0 are. awned by another entity, attach an Organizational FLOWCHART showing the structure of the ownership. Attach additional sheets as needed in order to disclose the Officers, Directors. Members, Managers, Partners, Stockholders and percentage owners of those entities. 4/12/2016 page 3 of 9 Marana Regular Council Meeting 044 44po requiring AIWA accommodations please call (6021542-907 Page 157 of 172 TREE Larne of Tribal Ownership: 6. List all Stockholders / percentage owners who own 10% or mores SECTIO Club Appicants EACH PERSON LISTED MIST SURMIT A COMPLETED € UEMONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD 1. Name of Club: 2. Is Club non-profit? No 3. List all confroi ing members (minimum of four (4) requester!) (Atkxh addiiionai sheet it necessay) SECTI N Probate.. will Assignment or Divorce Decree of an existing Liquor License 1. Current Licensee's Dame: (Exactfy as It appear on the license) cast First Middle 2. Assignee's Nor ne: to St Fit Middle 3. License Type: License Number: ATTACH TO THIS APPLICATION A CERTIFIED COPY CAF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR WORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE. SECTIPN its Government (for cities, towns, or counfles only) 1. Government Entity: 2. Person /E)esignee: First Lost Middle Day time Cantaci Phone # A SEPARATE LICENSE MUST SE 0BTAINED FOR EACH PRISE FROM WHICH SPIIITU0US LIQUOR IS SERVED. SECTION 11 Location to Location Transfer. Series 6 Bar, Series 7 Beer & Wine Series t Liquor Stores only) 1. Current Business: Name: A ddress ; (Exactly 0S it dppeaus on license) 2. New Business: Name: Address. 1. License Type: License Number: 4/12/2016 Page 4 of 9 Marana Regular Council Meeting dq o requirinrg. ADD Occomrnodations please call (602 )542 -9027 Page 158 of 172 SECTION 12 Person to Person Transfer 0 1 * Questions to be completed by Current Lic ensee ( Bar and liquor Stores Only. Series, 06 07, and 09) 1. Individual Owner / Agent Name: Entity: I�sf First Middle (individual, Agent, Eta.) 2. Ownership Name: (Exactly aS It appOOFs an license) 3. Business N ame: (UactW as it appears can license) 4. Business Location Address. street c ity st ate Zip 5. License Type: License Number: 6. Current Mailing Address: 5fteet � - - CHY She Zip 7. Have all creditors, lien holders, interest helOers etc_ been notified 2. [Dyes [:]No 8. Cues the applicant intend to operate the Business while this application is pendingiv 11 Yes El No If yes, complete Section 5 (Interim Permit) of this application; attach tee, and Current license to this application. 9. I, (print Full Name hereby au thorize the department to process this Application to transfer the privilege of the license to the applicant provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, l certify that the applicant now owns or will own fhe property rights of the license by the date of issue. 1, (ant Full Name declare that l am the C HRENT OWNEIL MEMBER, PART14ER STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 12 and confirm that all statements are true, correct, and complete. NOTARI� X (SJ9ncftre of CURRENT IncR dual owner/ MY ooMmission ex on: bate Stat of �. County of The fwegolrW km*u vras =kr�owWfted bye me is of Day monih Y ecr S�gnchm of NOTARY PUBLIC 4/12/2016 prjge 5 of 9 Marana Regular Council Meeting 61 i1WCF re quiring ADA or- commodaiions please Call (602)542 - 9027 Page 159 of 172 , „ O,N 1 3 Proximity t o Church or Sc ll Questions to be completed by all ire - state applicants. 0 A.R.S § 4 -207. (A) and (B) state that no ret ailer's license sha be issued for any pr emises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one 1 or within three hundred 300 h orizontal 1) through � � 1 � � al feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply f+o: 8) Restaurant Dense Q 4 Series 12 e) Govern license (§ 4- 205,03) Se ries 5 b) hotel /motel license (§ 4 205.01)Sedes 11 0 Fenced playingarea of goleome 4 -20 o) Mcrolorowery Series 3 g) Wholesalw Series A d) Craft Distillery Series 18 h) Farm Winery Series 13 1, Distance to nearest School; Name of School: (# less than one (1) m ile note tootag 2. Distance to nearest Church: (If less than one o) rune note tage Address: Carne of Church: Address: SEC —TION Business Financials 1. I am the: N Ehub-lessee El Owner ❑Purchaser ED Management Company 2. If the pre mise is leased g ive lessors. Name-, J & DAWN LASH LEY A duress: 6262 H CAM H o VERDE TUCSO AZ 85743 3. Mon thly Ren Lease Rate: $ 7293.6 Street city state Zip 4. What is the remaining length of the lease? Yrs. 3 Months 5. What is the penalty if the lease is not fulfilled? $ or Other, default -move out (Give delails-attach addj#o mr sheet M ftecessary) 6. Total money borrower[ for the Business not including lease $ D Please list lenders /people yo owe money to for business. 8. Has a license or a transter license for the premises on this application been denied b the sta wi y e it h i n the past (t ) y ear? El Y es YNo If yes, attach explanation. 9- Does any spirituous liquor manu facture, wholesaler, or employee have an interest in our busin y s ess? Yes N o 1 0. Is the premises currently license with a liquor licensed Yes[D No If yes give license number and ricensee's name; License #: 121 03993 Individual owner /Agent nt N ame, JULIO AM UEL ARC IA VALL E g (Exactly as it appe an ease 4/ 12/2016 page 6 of 9 Marana Regular Council Meeting d requiring ADA accommodations please call (602)542-9027 Page 160 of 172 olaxwwl 7 . what type of business will this license be used for (be speci'tic? r, EAFFOD RESTAURANT SECTION 75 Restaurant or hotel /motel license applicants I. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location? yes[:]No 2. If the answer to Question 1 is YES, you may qualify for an interim Permit to operate while your application is pending; consult A.R.S. § 4-203.01; and complete SECTION 5 of this application. 3, All Restaurant and Hotel /Motel applicants must complete a Restaurant Operation Plan form provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S_ § 4- 205,02. (H)(2), a Restaurant is an establishment which derives at least forty (40) percent of its gross revenue from the sale of food. Gross rev ue is the revenue derived from sales of food 'and spirituous liquor on the licensed prerises. By applying for this Iff Restaurant ❑ Hotel /Motel, I certify that I understand that l must maintain a minimum of forty (40) percent food sales based on these definitions and have included the Restaurant Hotel Motel Records Re fired for Audit form with this application. (AkppFcant's Signcftre) 5. l understand it is my responsibility to contact the Department of Liquor Licenses and Control to .schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises_ With the exception of the patio barriers, these items are not required to be properly installed for this inspection, Failure to schedule an inspection will delay issuance of the license. if you are not ready for your inspection 90 days after filing your application, please request an extension in writing; specify why the extension is necessary, and the new inspection date you are requesting, (Appl'icant's Inft s) SECTION 16 Diagram of Premises 0 Check ALL bones that apply to your business: W Entrances /Exits n( Liquor storage Areas Patio: El Contiguous El Walk -up windows F-1 Drive- through windows [:] Non Contiguous 1. Is your licensed premises currently closed due to construction, renovation or re d esi g n ? ❑ Yes &No If yes, what is your estimated completion date? month /Day/Year 2. Restaura.0s and Motel Motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all Kitchen equipment and dining furniture. Place for diagram is on section 16 number 6. 3. The diagram (a detailed floor plan) you provide is required to disclose only the area (s) where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above). 4. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises such as parking lots, living quarters, etc, S. As stated In A.R.S. § 4- 207.01 (8), I understand it is my responsibility to notify the Department of liquor licenses and Control when them are changes to the boundaries, entrances, exits, added or deleted doors, windows, service windows or increase or decrease to the square footage after submitting this initial diagram. (Applicant's In t 1s) 4/12/2016 page 7 of 9 Individuals requiring ADA aaaornmodations please call (602)542 -9027 Marana Regular Council Meeting 01/03/2017 Page 161 of 172 �__IECTIO N 16 Diagrarn of Premi - con d b. On the d1Q!9ram please show only the areas where spirituous liquor Is to be sold, served, consumed, dispensed possessed or stared. It must show all entrances,. exits, interior walls, bag hi -top tables, dining tables, dining c hairs dance floor, - stage, game room, and the kitchen. DO NOT Include parking lots, RAng quarters, etc. When com letln diagram, North is up T. If a legible Copy of a rendering or drawing of your diagram of the premises is attached to this in ap leose Mite the wards "DIAGRAM ATTACHED the boy provided pig #� p ed for the diagram on the application. DIAGRAM OF PREMISES DIAGRAM ATTACHED 4 / 12 /20 16 pag 8 of 9 lndivi�iu i� ng ACA OCCommWations please call (602)542 -902 Page 162 of 172 Marana Regular Council Meeting 01/0 1. -Basin Sink 2.2 Basiry Sink 3. Food Prep Une Station 4. Food Prep Line Station .5. Single Burner Stove 6, Single Door Freezer 7. Jr-P Machine 8. Walk -tn Refrigerator 9. Deep Fryers 10.10 Burner Stove with Oven 11. Service wind 12. S /Steel 3'x 7' P rep Tables 13. r efrigerator 14. Bar Beer Refrigerator 15. l ee container for Beer 16. Bar l Shelves 17. B Si 19. Hand Sink 19. 'walk -in Freezer T- Fable 8-Booth Bs- Bar Stools SR-Storage room -Y r /01960 $Q FT ELI MARISCOS CHIHUAHUA 4185 W INA RD, TUCSON AZ 85741 Main Entry /Exit C rA � .C3 Fire Exit � j A LADIES C;r 03 o a o0 A f Delivery en MA W., v,d;. �, VA If 9 00" r t .. izz 0 SECTION 17 SIGNATURE BLOCK 1, (Print hill No me) C ARLOS GARCIA DU PAN NO'TARY u hereby declare that 1 any the Owner /Agent filing this application as stated i n Section 4 # 1. 1 have read this application and verify all statements to be true, correct and complete. X Stat f ARIZONA nt f PIMA, Co u n yo - -- - (Signature of CURRENT to serf Owner/Agent) The toregoing Enstrurr*rnt was acknowledged bAore ww this My commission expires on : _ 0 �1 - - L.1 of OCTOBER 20 Date Dory Month Year Slg FaWe of NOTARY 8UC ?WA � - ARVZ011lA 19 0 A.R.S. § 41 -1030. tnvolild[ty Invalid[ of riles not made ac cordincs to this chanter: wohibited aaencv action; prohibited acts by state a to ees entor ernent: 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 grunt of authority in statute does not constitute a basis for imposing a Iicensing 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 A LL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PART' THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PRO BY SECTION 12- 820.01 OR 12- 820.02. 4/12/2016 pace 9 of 9 Individuals requiring ADA accommodations please call (602)542 -9027 Marana Regular Council Meeting 01/03/2017 Page 164 of 172 Arizona Department of Liquor Licenses and Control 800 VII Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542 -5141 AFFIDAVIT of POSTING Date of Posting November 16,2016 Applicant's Name Garcia Duran Last Business Address 4185 W. Ina Road Date of Posting Removal: Carlos First Middle Tucson 85741 Street City Tip License #: 12104475 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. Christine B Community Development Coordinator ( 5 2 0 ) 3 Print Name of City/County official / eoe Title Signature Phone Number 2:0 lf Dale Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. 11/24/2015 Page 1 of 1 Marana Regular Council Meetig6j�d:q)�(fl�uiring ADA accommodations please call (602 )542-9027 Page 165 of 172 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. C ity or Town of. Town of Marana (Circle one) . Pima 2 . Count of. Liquor License Application #: 12104475 (Arizona application #) City /Town /county #: LL2016 -15 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4-207(D)(2),. (Name of entertainment district) A boundary map of entertainment district must be attached. 4. The Marana Town Council at a Regular meeting held on the 3rd of (Governing body) (Regular or special) (Day) January 201 considered the applicati of Carlos Garcia Duran (Month) (Year) (Name of applicant) for a license to sells spirituous liquor at the remises described in ap 12104475 p q l� pp (Arizona liquor license application #) for the license series #: ty Series # Restaurant as provided by A .R.S §4-201. (I.e.: series #10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Carlos Garcia Duran (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 804 W Washington, 5th Floor, Phoenix, Arizona. Dated at on , (Location) ( Day) (Month) (Ye Jocelyn C. Bronson (Printed name of city, town or county clerk) (Signature of city, town or county clerk) (Date of resolution to create the entertainment district) 9/29/2015 Page 1 of 1 Marana Regular Council MeetikV6j9 Myuiring ADA accommodations please call (602 )542 -9027 Page 166 of 172 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses gPri Pc, Fi Ra r 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 01/03/2017 Page 167 of 172 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 01/03/2017 Page 168 of 172 N O 0 / m - tn. A k 4 0 Council - Regular Meeting Al Meeting Date: 01/03/2017 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 3, 2017 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: Ordinance No. 2017.002: Relating to Development; amending Title 17 (Land Development), Chapter 17 -5 (Subdivisions), Section 17 -5 -2 (Procedure) of the Marana Town Code by re- inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots (Frank Cassidy) Discussion: Ordinance No. 2006.09 created an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Ordinance No. 2015.021 reformatted portions of the separate Marana Land Development Code and moved them into Title 17 (Land Development) of the Marana Town Code, and inadvertently deleted the accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Town staff recently noticed the omission, and now requests that the inadvertently deleted language be re- inserted. At a November 30 public hearing, the Marana Planning Commission unanimously recommended approval of this item (Commissioner Miller absent). Staff Recommendation: Staff recommends adoption of Ordinance No. 2017.002, re- inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots into the Marana Land Development Code. Suggested Motion: Marana Regular Council Meeting 01/03/2017 Page 169 of 172 I move to adopt Ordinance No. 2017.002, re- inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots into the Marana Land Development Code. Attachments Ordinance No. 2017.002 Marana Regular Council Meeting 01/03/2017 Page 170 of 172 MARANA ORDINANCE NO. 2017.002 RELATING TO DEVELOPMENT; AMENDING TITLE 17 (LAND DEVELOPMENT), CHAPTER 17 -5 (SUBDIVISIONS), SECTION 17 -5 -2 (PROCEDURE) OF THE MARANA TOWN CODE BY RE- INSERTING AN ACCELERATED PROCEDURE AND MODIFIED IMPROVEMENT REQUIREMENTS FOR SUBDIVISIONS WITH TEN OR FEWER LOTS WHEREAS Marana Ordinance No. 2006.09 created an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots; and WHEREAS Marana Ordinance No. 2015.021 reformatted portions of the separate Marana Land Development Code and moved them into Title 17 (Land Development) of the Marana Town Code; and WHEREAS Marana Ordinance No. 2015.021 inadvertently deleted the accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots; and WHEREAS the Mayor and Council of the Town of Marana find that the inadvertently deleted language should be re- inserted. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 17 (Land Development), Chapter 17 -5 (Subdivisions), Section 17 -5 -2 (Procedure) of the Marana Town Code is hereby amended by adding the following new subparagraph 3 to paragraph A ( "Overview "), and leaving all other existing language in Section 17 -5 -2 unchanged: 3. Subdivisions of ten or fewer lots shall proceed through the following steps: a. Pre - application conference with the town. b. The submittal and approval of engineering plans for improvements as deemed necessary by the town engineer and planning director prior to final plat approval. c. Final plat submittal and review, and approval by the town council. d. Recordation of approved final plat with the Pima county recorder. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. 00049510.DOCX /2 Marana Ordinance No. 2017.002 - 1 - 12/22/2016 2:45 PM Marana Regular Council Meeting 01/03/2017 Page 171 of 172 SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on February 3, 2017. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3 rd day of January, 2017. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk 00049510.DOCX /2 Marana Ordinance No. 2017.002 Marana Regular Council Meeting 01/03/2017 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 12/22/2016 2:45 PM Page 172 of 172