HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 02/15/2022
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 15, 2022, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. §38-431.02, 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 February 15, 2022, at or after 6:00 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 electronic devices.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually
held the first and third Tuesday of each month at 6:00 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
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February 15, 2022
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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 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) 382-1999. 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.maranaaz.gov under Agendas and Minutes. For
questions about the Council meetings, special services or procedures, please contact the
Town Clerk, at (520) 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, 11555 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
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and may ask staff to review the matter, or may ask that the matter be placed on a
future agenda.
PROCLAMATIONS
PR1 Proclamation declaring March 4, 2022 as, "St. Baldrick's Day in Marana"
(Cherry L. Lawson)
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P1 Relating to Strategic Planning; presentation introducing CREA Affiliates,
LCC who will develop Marana Strategic Plan V and outlining the planning
process and timeline (Terry Rozema)
P2 Relating to Budget; presentation of second quarter results (July-December)
for the Town's General Fund and other selected major funds for the
2021-2022 fiscal year (Yiannis Kalaitzidis)
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.
C1 Ordinance No. 2022.002: Relating to Finance; Exempting the
Nighthawk-72 Marana Marine Corps League Detachment 1344 from
the Special Event Permit fee for the annual Nighthawk-72 Memorial
Service (David L. Udall)
C2 Resolution No. 2022-012: Relating to Development; approving a Release of
Assurances for a portion of Lazy K Bar Ranch and accepting public
improvements for maintenance (Jason Angell)
C3 Resolution No. 2022-013: Relating to Development; approving a release of
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C3 Resolution No. 2022-013: Relating to Development; approving a release of
assurances for Gladden Farms Block 30 Lots 1 through 136 and accepting
public improvements for maintenance (Jason Angell)
C4 Approval of the Council Regular Meeting Summary Minutes of February 1,
2022 (Cherry L. Lawson)
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for an Owner
Transfer of a Series #07 Beer and Wine Bar liquor license submitted by
Ryan Witner Anderson on behalf of Peter Piper Pizza #1211, located at 3741
West Ina Road Suite 125, Tucson, AZ 85741 (Cherry L. Lawson)
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A1 Resolution No. 2022-014: Relating to Utilities; Authorizing Town staff to
apply for a Drinking Water Revolving Fund loan from the Water
Infrastructure Finance Authority of Arizona (WIFA) to fund construction
costs for the Marana Park Reservoir Project (WT046) (Jing Luo)
A2 Resolution No. 2022-015: Relating to Budget; authorizing the transfer of
$71,145 and $262,050, respectively, in budgeted expense authority from the
General Fund contingency line item to the Water CIP budget in the fiscal
year 2022 budget for the design of the Tangerine Business Park Well No. 2
Project and for the design of the Honea East Reservoir and Well Upgrade
Project (Jing Luo)
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1 Ordinance No. 2022.003: Relating to Land Development; revising Marana
Town Code Title 17 (Land Development), Chapter 17-2 (Administrative
Bodies and Officers), Section 17-2-2 (Board of adjustment) to provide that
the members of the Town Council [or alternatively, the Planning
Commission] shall serve as the Marana Board of Adjustment; dissolving
the sitting Board of Adjustment; and designating an effective date (Jane
Fairall)
D2 Relating to Budget; discussion, direction, and possible action regarding
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D2 Relating to Budget; discussion, direction, and possible action regarding
development of the fiscal year 2022/2023 budget, including proposed
budget initiatives and expenditures (Terry Rozema)
D3 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 (Terry Rozema)
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), Council may ask for
discussion or consideration, or consultation with designated Town
representatives, or consultation for legal advice with the Town Attorney,
concerning any matter listed on this agenda for any of the reasons listed in
A.R.S. §38-431.03 (A).
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
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Council-Regular Meeting PR1
Meeting Date:02/15/2022
From:Cherry L. Lawson, Town Clerk
Date:February 15, 2022
Subject:Proclamation declaring March 4, 2022 as, "St. Baldrick's Day in Marana"
(Cherry L. Lawson)
Attachments
Proclamation
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Council-Regular Meeting P1
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Terry Rozema, Town Manager
From:Vickie Hathaway, Communications Manager
Date:February 15, 2022
Strategic Plan Focus Area:
Commerce, Community, Heritage, Recreation, Progress & Innovation
Subject:Relating to Strategic Planning; presentation introducing CREA
Affiliates, LCC who will develop Marana Strategic Plan V and
outlining the planning process and timeline (Terry Rozema)
Discussion:
The Marana Town Council adopted the first Strategic Plan in 2008, and this revised
version will be the fifth iteration of the plan. The Town of Marana has selected
CREA Affiliates LLC to assist Town leadership and staff in the development of
Strategic Plan V.
Over the next few months, Town Department Heads along with the Town Manager's
office will facilitate discussions with the Town Council on each Focus Area of the plan:
Commerce, Community, Innovation, Heritage, and Recreation. From these discussions,
there will be recommendations on both new initiatives and revisions to the Strategic
Plan IV. These recommendations will then be incorporated into a new, comprehensive
document reflecting the Town Council's vision and strategy for the Marana
community.
This presentation will introduce CREA Affiliates LLC and outline the planning process
and timeline.
Staff Recommendation:
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Presentation only.
Suggested Motion:
Presentation only.
Attachments
CREA Affiliates Strategic Plan Presentation
Marana Regular Town Council Meeting
February 15, 2022
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Strategic Plan V
Town Manager Terry Rozema
Assistant to the Town Manager Andrea Caicedo
Communications Manager Vic Hathaway
2/8/2022
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Purpose
•Continuation of the Town’s commitment to bring the best public service to our community.
•Since the implementation of Strategic Plan IV in 2017, the Town of Marana has completed a series of long term vision plans:
•Town of Marana General Plan 2040
•Economic Development Strategic Plan
•Marana Regional Airport Master Plan
•Marana Parks & Recreation Master Plan
•Now is the time to update the Strategic Plan with the next 2-3 years of initiatives that will align our short-term action plans with our long-term goals.
2
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CREA affiliates, llc
•Anindita Mitra, AICP, B.Arch –Project Management and
Meeting Facilitation
•Doctor Eugenia Bogazzi –Public Outreach and Meeting
Coordinator
•Farwa Hussain –Project Planner and Social Media
3
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PROCESS
4
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Process
Research
•Review of Town long-term
planning documents
Outreach
•Community surveys
•Stakeholder meetings
Draft plan for
review
Final adoption
5
JAN-FEB
FEB-APR
APR-MAY
JUN ‘22
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Research
Research
•Review of Town long-term
planning documents
6
JAN
•Town of Marana General Plan 2040
•Economic Development Strategic Plan
•Marana Regional Airport Master Plan
•Marana Parks & Recreation Master Plan
•Marana Communications Strategic Plan
•Town of Marana Annual Budget Books
•Council Executive Reports
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Outreach
Research
•Review of Town long-term
planning documents
Outreach
•Community surveys
•Stakeholder meetings
7
JAN
FEB-APR
•Surveys
•Town Council
•General public
•Business/developer community
•Stakeholder meetings
•Town Council public meetings (4)
•Executive leadership meetings (3)
•Marana Citizens’ Forum (1)
•Business and developer community (1)
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Process
Research
•Review of Town long-term
planning documents
Outreach
•Community surveys
•Stakeholder meetings
Draft plan for
review
8
JAN
FEB-APR
APR-MAY
April 21:
Initial staff review
May 17:
Town Council final
review
The draft document
will be provided
ahead of time.
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Adoption
Research
•Review of Town long-term
planning documents
Outreach
•Community surveys
•Stakeholder meetings
Draft plan for
review
Final adoption
9
JAN
FEB-APR
APR-MAY
JUN ‘22
Final adoption is scheduled
for June 21
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IMPORTANT DATES
•Town Council Presentation introduction and review of Strategic Plan process
February 15
•Stakeholder meeting: Marana Citizens’ Forum
February 18
•Stakeholder meeting: Business/Developer community
March 4
•Town Council study session for summary of findings
March 22
•Town Council study session goal setting
April 12
•Town Council session for draft plan review
May 17
•Town Council session for final Strategic Plan adoption
June 21
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THANK YOU
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Council-Regular Meeting P2
Meeting Date:02/15/2022
To:Mayor and Council
From:Yiannis Kalaitzidis, Finance Director
Date:February 15, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Relating to Budget; presentation of second quarter results (July-December) for
the Town's General Fund and other selected major funds for the 2021-2022
fiscal year (Yiannis Kalaitzidis)
Discussion:
The purpose of this item is to present a summary of the Town's second quarter
financial results (July-December) for the Town's General Fund and other selected major
funds for fiscal year 2021-2022. It is important to note that these results are preliminary,
unaudited and subject to change based upon adjusting entries, as necessary. The
attached provides a high-level revenue and expenditure summary at the end of the
current quarter.
Revenue
Overall, revenues are within or above expectations for all funds at this time of the year
except for the Water Fund.
Revenues for the General Fund are better than expected due to consistently better
than anticipated sales taxes in most categories, but also due to better than
expected residential permits activity.
HURF fund revenues are just above expectations due to strong activity related to
vehicle related tax categories.
Bed Tax fund revenues are above expectations due to a strong
recovery supported by consistent occupancy rates and revenues in the hospitality
industry.
Water fund revenues are slightly below expectations for this time of the year due
to an overestimation of user revenue during budget development.
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to an overestimation of user revenue during budget development.
Charges for services revenues in the remaining enterprise funds
are within expectations for this time of year.
Additional detail on these variances is included within the visualization slides attached
to this item.
Expenditures
Expenditures in all funds are at or below expectations. This is primarily due to the
timing of one-time projects and programs which are expected to occur in future
quarters. The Water and Water reclamation funds are within expectations when
excluding debt service payments that happen during the first quarter of the fiscal year.
The Water reclamation fund did experience a number of emergency system repairs that
necessitated a Council request for additional budget capacity in the 3rd quarter.
Expenses for the Bed Tax Fund are as expected through the second quarter of the fiscal
year, accounting for the annual payment of the State Land lease that occurs in October.
The quarterly update will be available on the Town's website following tonight's
meeting. The public may interact with the Power BI tool by drilling down into the
data. The tool can be found on the following page:
http://www.maranaaz.gov/financial-documents
Staff Recommendation:
Presentation of second quarter results only.
Suggested Motion:
Presentation of second quarter results only.
Attachments
FY2021-2022 Second Quarter Financial Update
Marana Regular Town Council Meeting
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Financial Brief:
Second Quarter Fiscal Year
2021 – 2022
Prepared by: Finance Department
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Contents
Summary 1
General Fund Revenues 2
General Fund Expenses 3
HURF Revenues 4
HURF Expenses 5
Transportation Fund Revenues 6
Transportation Fund Expenses 7
Bed Tax Fund Revenues 8
Bed Tax Fund Expenses 9
Water Revenues 10
Water Expenses 11
Water Reclamation Revenues 12
Water Reclamation Expenses 13
Airport Revenues 14
Airport Expenses 15
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Council-Regular Meeting C1
Meeting Date:02/15/2022
To:Mayor and Council
From:David Udall, Assistant Town Attorney
Date:February 15, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2022.002: Relating to Finance; Exempting the
Nighthawk-72 Marana Marine Corps League Detachment 1344 from
the Special Event Permit fee for the annual Nighthawk-72 Memorial Service
(David L. Udall)
Discussion:
Under state law, the Town Council is authorized to control the finances of the Town.
The Marana Town Council has adopted a comprehensive fee schedule that includes a
fee for special event permits.
The Nighthawk-72 Marana Marine Corps League Detachment 1344 (the Detachment)
holds an annual memorial service at the Marana Regional Airport for the 19 United
States marines killed during a training accident at the airport in 2000. If adopted, this
ordinance would waive the "Special Event Permit" fee included in the Town's
comprehensive fee schedule for the 2022 memorial service and for all annual
Nighthawk-71 Memorial Services going forward. The Detachment would still be
required to go through the Town's normal review and permitting process.
Financial Impact:
The impact to the Town's finances due to the waiving of this $50 fee will be minimal.
Staff Recommendation:
Council's pleasure.
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Council's pleasure.
Suggested Motion:
I move to adopt Ordinance No. 2022.002, exempting the Nighthawk-72 Marana Marine
Corps League Detachment 1344 from the Special Event Permit fee for the annual
Nighthawk-72 Memorial Service.
Attachments
Ordinance No. 2022.002 Annual Nighthawk 72 Fee Waiver
Marana Regular Town Council Meeting
February 15, 2022
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MARANA ORDINANCE NO. 2022.002
RELATING TO FINANCE; EXEMPTING THE NIGHTHAWK-72 MARANA MARINE
CORPS LEAGUE DETACHMENT 1344 FROM THE SPECIAL EVENT PERMIT FEE FOR
THE ANNUAL NIGHTHAWK-72 MEMORIAL SERVICE
WHEREAS the Town Council is authorized by A.R.S. § 9-240(A) to control the finances
of the Town; and
WHEREAS the Town Council has adopted a comprehensive fee schedule for the Town
that includes a fee for special event permits; and
WHEREAS the Nighthawk-72 Marana Marine Corps League Detachment 1344 holds
an annual memorial service at the Marana Regional Airport for the 19 United States marines
killed during a training accident at the airport on April 8, 2000; and
WHEREAS Mayor and Council of the Town of Marana find that exempting the
Nighthawk-72 Marine Corps League Detachment 1344 from the Special Event Permit fee for
the annual Nighthawk-72 Memorial Service 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, Arizona, as follows:
SECTION 1. The Nighthawk-72 Marana Marine Corps League Detachment 1344 is
hereby exempted from the Special Event Permit fee included in the Town’s comprehensive
fee schedule, as adopted by the Town Council and amended from time to time, for the annual
Nighthawk-72 Memorial Service . Notwithstanding the waiver of this fee, the Nighthawk-72
Marana Marine Corps League Detachment 1344 shall still be required to go through the
Town’s normal review and permitting process.
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.
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 the 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.
00079457.DOCX /1
Ordinance No. 2022.002 1
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SECTION 5. This ordinance is administrative, and shall be effective immediately.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of February 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
00079457.DOCX /1
Ordinance No. 2022.002 2
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Council-Regular Meeting C2
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Jason Angell, Development Services Director
From:Gus Myers, Development Engineering Manager
Date:February 15, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2022-012: Relating to Development; approving a
Release of Assurances for a portion of Lazy K Bar Ranch and accepting
public improvements for maintenance (Jason Angell)
Discussion:
Lazy K Bar Ranch, Phase 2 consists of lots 87-178 of 178 lots located west of Scenic
Drive and north of Pima Farms Road. The final plat for the subdivision was recorded
at the Pima County Recorder's Office on 25 March 2019, at Sequence Number
20190840184.
The Town has a third-party trust assurance agreement assuring the completion of
improvements needed to serve the subdivision. The subdivider has completed the
improvements serving Lazy K Bar Ranch, Phase 2 acceptable to Town standards in
accordance with the assurance agreement, including public infrastructure, which
consists of a potable water system.
If adopted, this resolution will release the Lazy K Bar Ranch, Phase 2 subdivision
assurances and accept the potable water system for maintenance. The sewer
improvements are being dedicated to Pima County Regional Wastewater Reclamation
Department and the roadways are private.
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Staff Recommendation:
Staff recommends adoption of Resolution No. 2022-012, approving a release of
assurances for Lazy K Bar Ranch, Phase 2 and accepting the potable water system for
maintenance.
Suggested Motion:
I move to approve Resolution 2022-012.
Attachments
Resolution No. 2022-012 Release of Assurances for Lazy K Bar Ranch
Location Map
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00079208.DOCX /1
Resolution No. 2022-012 - 1 -
MARANA RESOLUTION NO. 2022-012
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR A
PORTION OF LAZY K BAR RANCH AND ACCEPTING PUBLIC IMPROVEMENTS
FOR MAINTENANCE
WHEREAS the final plat for ‘”Lazy K Bar Ranch Lots 1 through 178 and C.A. ‘A–
1 & ‘A–2’(Private Streets), C.A. ‘B–1’ & ‘B-2’(Natural Open Space, Pedestrian, Drainage,
Landscape, Public Sewer and Utilities), C.A.’C’ (Active Open Space)” was recorded in the
Pima County Recorder’s Office on March 25, 2019, at Sequence 20190840184; and
WHEREAS the Town has a third party trust assurance agreement (the “Assurance
Agreement”) with Pulte Home Company, LLC (the “Subdivider”) and Landmark Title
Assurance Security Agency, LLC, recorded in the Pima County Recorder’s Office on
August 21, 2020, at Sequence 20202340064, assuring the completion of public
improvements for a portion of Lazy K Bar Ranch, namely, “Lazy K Bar Ranch, lots 87-178
and C.A. ‘A-2’ (Private Streets), and C.A. ‘B-2’ (Natural Open Space, Pedestrian,
Drainage, Landscape, Public Sewer and Utilities)” (hereinafter, “Lazy K Bar Ranch Phase
2”), consisting of lots 87 through 178, and associated common areas (“A-1” through “A-
2” and “B-1” through “B-3”); and
WHEREAS the Subdivider has completed the public improvements for Lazy K Bar
Ranch Phase 2 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 for Lazy K Bar Ranch Phase 2 is hereby
released.
Section 2. The Town accepts for maintenance the potable water system serving
Lazy K Bar Ranch Phase 2, consisting of approximately 4,210 linear feet of potable water
line, water meters, valves, fire hydrants and appurtenances with an estimated value of
$375,250.
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00079208.DOCX /1
Resolution No. 2022-012 - 2 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of February, 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Council-Regular Meeting C3
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Jason Angell, Development Services Director
From:Gus Myers, Development Engineering Manager
Date:February 15, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Resolution No. 2022-013: Relating to Development; approving a release
of assurances for Gladden Farms Block 30 Lots 1 through 136 and
accepting public improvements for maintenance (Jason Angell)
Discussion:
Gladden Farms Block 30 consists of Lots 1 through 136 and is located west of Mike
Etter Boulevard and west of Midfield Road. The final plat was recorded with the Pima
County Recorder's Office on October 18, 2019, at Sequence No. 20192910094.
The Town has a third party trust assurance agreement assuring the completion
of improvements needed to serve the subdivision. The subdivider has completed the
improvements serving Gladden Farms Block 30 acceptable to town standards in
accordance with the assurance agreement, including the public infrastructure which
includes streets, water and sewer utilities.
If approved, this resolution will release the Gladden Farms Block 30 assurances and
accept the roadways, water and sewer utilities for maintenance.
This resolution will release lots 1-136 and all common areas.
The Infrastructure to be accepted includes streets, water and wastewater utilities.
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Staff Recommendation:
Staff recommends approval of Resolution No. 2022-013, approving a release of
assurances for Gladden Farms Block 30 and accepting the roadways, water and sewer
utilities for maintenance.
Suggested Motion:
I move to approve Resolution No. 2022-013, approving a release of assurances for
Gladden Farms Block 30 Lots 1 through 136 and accepting public improvements for
maintenance.
Attachments
Resolution No.2022-013 Release of Assurances for Gladden Farms Block 30
Location Map
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MARANA RESOLUTION NO. 2022-013
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR
GLADDEN FARMS BLOCK 30 LOTS 1 THROUGH 136 AND ACCEPTING PUBLIC
IMPROVEMENTS FOR MAINTENANCE
WHEREAS the final plat for “Gladden Farms Block 30 Lots 1 – 136, Block A & Common
Areas ‘A-1’–‘A-8’ & ‘B-1’–‘B-9,’ Common Area ‘A’: (Landscape, Utilities and Drainage), Common
Area ‘B’: (Functional Open Space, Utilities and Drainage)” was recorded in the Pima County
Recorder’s Office on October 18, 2019 at Sequence 20192910094; and
WHEREAS the Town has a third party trust assurance agreement (the “Assurance Agreement”)
with Gladden Phase II LLC, Gladden Phase II Dev LLC (collectively, the “Subdivider”) and Fidelity
National Agency of Arizona, LLC, under Trust No. 60,423, recorded in the Pima County Recorder’s
office on October 18, 2019 at Sequence 20192910103, assuring the completion of public improvements
for Gladden Farms Block 30; and
WHEREAS the Subdivider has completed the public improvements for Gladden Farms Block
30 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 1.32 miles of the following paved streets as shown on the plat
of Gladden Farms Block. 30:
Appling Avenue
Denton Way
Belden Place
Renwick Drive
Radcliff Drive
Yates Lane
Sanderlin Drive
Pershing Way
Lindsay Avenue
Section 3. The Town accepts for maintenance the potable water system serving Gladden Farms
Block 30, consisting of approximately 5,025 linear feet of potable water line, water meters, valves, fire
hydrants and appurtenances with an estimated value of $383,670.
Resolution No. 2020-013 1
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Section 4. The Town accepts for maintenance the sanitary sewer system serving Gladden Farms
Block 30, consisting of approximately 5,008 linear feet of conveyance system and appurtenances with
an estimated value of $518,713.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of February 2022.
Mayor Ed Honea
ATTEST:
Cherry Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Resolution No. 2020-013 2
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Council-Regular Meeting C4
Meeting Date:02/15/2022
To:Mayor and Council
From:Cherry L. Lawson, Town Clerk
Date:February 15, 2022
Subject:Approval of the Council Regular Meeting Summary Minutes of February 1,
2022 (Cherry L. Lawson)
Attachments
Regular Council Meeting Summary Minutes, 02/01/2022
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Marana Town Council Regular Meeting
February 1, 2022, 6:00 PM
Page | 1
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, February 1, 2022, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
Patti Comerford, Council Member
Jackie Craig, Council Member
Herb Kai, Council Member
John Officer, Council Member
Roxanne Ziegler, Council Member
SUMMARY MINUTES
CALL TO ORDER AND ROLL CALL
Mayor Honea called the meeting to order at 6:00 PM and directed the Clerk to call
the roll. Mayor Honea, Vice Mayor Post, Council Members: Jackie Craig, Patti
Comerford, Roxanne Ziegler, John Officer, and Herb Kai.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Council Member Craig moved and Vice Mayor Post second the motion to approve the
agenda with Item C2 2022-009 pulled from the Consent Agenda for Council discussion.
Motion passes unanimously, 7-0.
CALL TO THE PUBLIC
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Brad D’Emidio, Dove Mountain resident on the newsletter from Council Member Jackie
Craig who had attended the Colorado River Water User Conference last December. This
group is a nonpartisan nonprofit organization for exchanging ideas and perspectives on
Colorado River Water Use and Management. He explained the contents of the newsletter
and requested Council allow the information that was presented the shock of the
presenters of the new hydrology shown the Bureau of Reclamation 24 month study.
Despite a 90% snow pack, we only received 32% runoff last year. The river has seen a
dramatic decline – the worst on record. Lake Powell could go below power pull by fall,
and could stay there for months, if not years. Lake Mead is in tier one, and could go to
tier two next year and tier three by 2025; and dead pull where no water can be extracted
from the dam and some near unspecified by time. He went to their website
www.crwua.org as he wanted to learn more about the Annual Conference 2021 where he
had listened to various presentations and became alarm.
Mr. D’Emidio requested that the conference information be shared with the citizens of
Marana, and incorporated in the water planning for the town. Since Council Member
Craig attended the meeting, he is requesting that she presents the findings in a Special
Council Meeting or other similar town meeting, along with Water Director Jing Luo,
Ph.D. of the information that she learned with discussions on how the town plans to
address the concerns outlined by the conference, as well as how those concerns affect the
Town of Marana.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Craig thank Chief of Police Nunez, and Fire Chief Bradley of
Northwest Fire. Both presented to the Dove Mountain community two weeks ago. They
presented an outline of their departments. Events occurring recently, and then had a
wonderful Q&A.
Council Member Comerford stated that she, Mayor Honea, Council Member Officer,
Chief Nunez, several other officers, and employees from Northwest Fire District
attended the for Tucson Blessings & Prayers for First Responders and elected officials.
She commented on the stress of the job on First Responders, that she appreciates having
attended the event. The Town of Marana really appreciate the work and efforts of our
First Responders. She stated her home is open for police officers who just need to come
get a cup of coffee, or have a break, her home is available. She also spoke of the high rate
of suicide among First Responders. Council Member Comerford announced that she
was running for re-election.
Council Member Ziegler commented on the RTA Meeting stating the mayor did a great
job. Mayor of Tucson had advocated once for weighted voting for RTA, and she has been
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pushing that for many, many months and the last meeting. However, other mayors did
not support the weight vote initiated by Tucson’s Mayor. She reported Tucson had a
Special Meeting this day, and it appears as though they are going to extend the half-cent
sales tax for ten years. Tucson voted to not withdraw from the RTA.
Mayor Honea reported on the PAG RTA Meeting that he and Council Member Ziegler
had attended and reported on the outcome of the four (4) hour meeting. He thinks the
RTA will move forward, and he is proud of the other mayors that stood up for this event.
He also mentioned having attended the Blessing & Prayer event with Council Members
and MPD Chief Nunez along with 10 police officers, Captains, as well as several other
officers in their dress uniforms. It was a great event, and he was glad to see so many of
Marana’s Police Officers there. He attended the Retirement Celebration of Officer Gerrie
Tinsley, along with Council Members Comerford and Ziegler.
MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS
Town Manager Terry Rozema reported on the following:
• Development Services issued for the month of January 2022 198 single-family
residential permits;
• State budget with the governor of proposing in his budget and number of things
that could be impactful for municipalities:
o $611M to PSPRS for unfunded liabilities bringing the funded status to 100%
for state;
o $10M for cyber security grants available for cities, towns and school
districts. Finance Department will review the information and report back.
o $50M state investment for rural transportation grants.
o $400M for I-10 expansion between Casa Grande and Phoenix.
o $176M to state parks to do system-wide upgrades.
• The County Board of Supervisors is beginning their process for redistricting, and
have their first meeting tomorrow. They will be likely meeting through April.
Supervisor Scott has been very good about keeping us in the loop and making sure
that we are aware so we can provide any input and feedback to them on what we
would like to see. If you have a desire to specifically speak and voice any position
or if there were anything, you would like me to convey, please make sure you
contact me and I will be sure to pass on that information to Supervisor Scott and
the redistricting team.
• He and Parks & Recreation Director Jim Conroy looked at a number of things last
week. They toured the Marana Lake where used to be called Marana Lake and El
Rio Preserve and are getting close. They have this CMID. It is called the turnout to
pump water from the CMID in there. Marana is going to have a nice 10-acre park,
10-acre Lake over there. The lake and the dry lake right now, which will be filled
with water on or about February the 14th Valentine's Day,
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• The Natural Resources trail crew have been doing a lot of invasive species, polls
and correcting and fixing a lot of the drainage in that area of the Preserve.
• Our seniors, volunteers 27 of them had a nice appreciation luncheon for them
because they have been doing a lot of work. They raised over $800 over the
holidays. Paint a bunch of families and help a bunch of less fortunate people in
our community.
PRESENTATIONS
P1 Relating to Budget; presentation of independent auditor's report and final
results for the 2020-2021 fiscal year (Yiannis Kalaitzidis)
Finance Director Yiannis Kalaitzidis and Brian Hemmerle of Henry + Horne provided
an overview of the independent auditor’s report and final results for the 2020-2021 fiscal
year. (A copy of the report is available on file in the Town Clerk’s Office, as well as on the
Town’s website at www.maranaaz.gov).
CONSENT AGENDA
C1 Resolution No. 2022-008: Relating to Elections; approving and authorizing the
Mayor to sign an intergovernmental agreement between the Town of Marana and Pima
County, on behalf of the Pima County Recorder, for election services for Town elections
occurring in 2022 through 2024 (David L. Udall)
C2 Resolution No. 2022-009: Relating to Budget; authorizing the transfer of up to
$425,000 in budgeted expense authority from the General Fund contingency line item to
the Water Reclamation Fund in the fiscal year 2022 budget for costs related to system
repairs and maintenance. (Jing Luo) (Pulled from Consent for discussion)
C3 Resolution No. 2022-010: Relating to Budget; authorizing the transfer of up to
$92,000 in budgeted expense authority from the General Fund contingency line item to
the Development Services Department budget in the fiscal year 2022 budget for costs
related to hiring additional full-time employees for the Development Services
Department; authorizing the creation of two new full-time employees in the
Development Services Department (Curry Hale)
C4 Approval of the Special Council Meeting Summary Minutes of January 11, 2022
and the Regular Council Meeting Summary Minutes of January 18, 2022 (Cherry L.
Lawson)
Council Member Ziegler moved and Council Member Comerford second the motion
approving the Consent Agenda and removing Item C2 from the agenda for Council
discussion. Motion passes unanimously, 7-0.
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LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
C2 Resolution No. 2022-009: Relating to Budget; authorizing the transfer of up to
$425,000 in budgeted expense authority from the General Fund contingency line item to
the Water Reclamation Fund in the fiscal year 2022 budget for costs related to system
repairs and maintenance. (Jing Luo) (Pulled from Consent for discussion)
Water Director Jing Luo and Deputy Water Director Stephen Dean provided a brief
overview of the item and the nature of the request. The purpose of today's item is to
request a transfer of up to $425,000 in general fund contingency expenditure authority to
the Water Reclamation Fund for the use in the emergency system repairs, upgrades,
equipment maintenance, and operating supplies. She and Mr. Dean provided a brief
presentation on the events that happened last summer.
Mr. Dean discussed the emergency repairs and unforeseen projects that the Water
Department had to complete this year. In September of 2021, the Department received a
telephone call after hours reporting a sanitary sewer overflow at the Rillitio Village Trail.
He explained that they contacted its emergency repair company, Pro-Pipe who televised
a section of the pipe. They found a section of ductile iron that had been blistered inside
from hydrogen sulfide. The contractor performed a ‘cured in place line-in procedure,’
that took a couple of days to be accomplished. Pro-Pipe performed approximately 300 ft.
of pipe was cured in place at that time. He stated that it was reported to ADEQ, and the
Department provided a public notice to the Town’s customer base.
During that same timeframe of the same week, the Department has a process in place
where they clean and televise one quarter of the system each year. The Town has 80 miles
of sewer sanitary lines; they clean 20 miles per year and televise it. The previous one that
was in rotation, but staff had not addressed it, it was during the Department’s normal
program—same condition ductile iron pipe blistering. They used the same contractor,
made it a bundle so that it was repaired in the same week as the Rillito, and made repairs
utilizing the cured in place process.
Mr. Dean discussed additional repairs including the Downtown Sewer Alignment,
Clarifier Baffle Replacement, Saguaro Bloom Pump Repairs, Yoem Pueblo Manhole
Adjustment, Tractor Repairs, Dewatering System Control Panel, Dewatering System
Gear Drive, Lift Station Air Release Valve, Polymer System Control Panel and Liner
Repair that will ensure the Town’s system is online. The total including emergency
repairs, and increase in operating supplies, $425,000.00.
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Mr. Dean continued stating there are budgeted projects in the que that still need to be
completed including: Water Reclamation Facility (WRF) UV Lamp Replacement, WRF
UV Weir Replacement, WRF Sand Filter Compressor Replacement, WRF Equipment
Maintenance for the Remainder of the FY, and WRF Operating Supplies for the
Remainder of the FY.
Council Member Craig inquired about the underlying infrastructure of the pipes; the
same type that were failing. She asked whether there something is different. She asked
why they are failing.
Ms. Luo replied stating Mr. Dean mentioned that we have a preventive maintenance
program. We systematically inspect our piping system. The goal is to invest and inspect
our system. That is why we are taking a proactive role to schedule the inspections.
Council Member Kai stated that it seems like this ductile iron is being produced, that is,
the quality of it has been changing. There is a lot of ductile iron pipe that last for many
years. However, with changing and different materials that are being put in there, some
are failing much sooner. He is glad that the Town has a system in place to look at these
various areas in the future.
Council Member Comerford asked for clarification on the budgeted projects that still
need to be completed. She asked whether those projects are scheduled for this year to be
completed. Ms. Luo replied stating the Department does have plans for maintenance for
those repairs that are still needed to be completed, as they are budgeted in this fiscal year.
Council Member Ziegler moved and Council Member Kai second the motion to approve
Resolution No. 2022-009. Motion passes unanimously, 7-0.
A1 Resolution No. 2022-011: Relating to Administration; approving and authorizing
the Mayor to execute the Town Manager's Employment Agreement between the Town
of Marana and Terry S. Rozema (Jane Fairall)
Vice Mayor Post moved and Council Member Ziegler second the motion approving
Resolution No. 2022-011 approving and authorizing the Mayor to execute the Town
Manager’s Employment Agreement between the Town of Marana and Terry S. Rozema.
Motion passes unanimously, 7-0.
ITEMS FOR DISCUSSION / POSSIBLE ACTION
D1. Relating to Budget; discussion, direction, and possible action regarding
development of the fiscal year 2022/2023 budget, including proposed budget initiatives
and expenditures (Terry Rozema)
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Mr. Rozema stated this is Council’s opportunity to provide input to the development of
to the upcoming fiscal year budget.
D2. Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development applications on the
Town’s Marana Current and Proposed Projects internet site (Jason Angell)
Development Services Director Jason Angell provided an update on the public and
private projects within the Marana community.
D3 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 (Terry Rozema)
Mr. Rozema provided an update to legislative bills that are currently being considered
during the legislative session.
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), Council may ask for
discussion or consideration, or consultation with designated Town representatives, or
consultation for legal advice with the Town Attorney, concerning any matter listed on
this agenda for any of the reasons listed in A.R.S. §38-431.03 (A).
E2 Executive Session pursuant to A.R.S. §38-431.03 (A)(1) to discuss the employment
of Town Manager Terry Rozema, including discussion of the terms of the Town
Manager’s Employment Agreement.
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
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post, moved and Council Member Officer second the motion to adjourn
the meeting. Motion passes unanimously, 7-0. Meeting adjourned at 6:56 PM.
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CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana
Town Council meeting held on February 1, 2022. I further certify that a quorum
was present.
________________________________________
Cherry L. Lawson, Town Clerk
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Council-Regular Meeting L1
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Cherry L. Lawson, Town Clerk
From:Nolette Hernandez, Records Clerk
Date:February 15, 2022
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area Additional Info:
1. Leverage the Town’s coordinating capability to facilitate enhanced customer
interaction with multiple governmental and external agencies.
a. Ensure Marana residents and business owners experience excellent customer
service interactions.
Subject:Relating to Liquor Licenses; recommendation to the Arizona
Department of Liquor Licenses and Control regarding an application
for an Owner Transfer of a Series #07 Beer and Wine Bar liquor license
submitted by Ryan Witner Anderson on behalf of Peter Piper Pizza
#1211, located at 3741 West Ina Road Suite 125, Tucson, AZ
85741 (Cherry L. Lawson)
Discussion:
This application is for a Series #07 Beer and Wine Bar liquor license at Peter Piper Pizza
#1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741.
Pursuant to state law, the application was posted at the premises where the business is
to be conducted. The posted notice provided that residents within a one-mile radius
from the premises may file written arguments in favor of or opposed to the issuance of
the license with the Town Clerk’s Office within 20 days of the posting. Any written
arguments received by the Clerk’s Office for or against the proposed liquor license are
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attached to this item and will be submitted to the Department of Liquor Licenses and
Control (DLLC).
Town staff has reviewed this application to determine whether the applicant is in
compliance with zoning, building and other legal requirements for the business.
Additionally, the Marana Police Department has conducted a local background check.
The Town Council must enter an order recommending approval or disapproval of the
application within 60 days after filing of the application. Pursuant to state statute, a
license will only be issued after a satisfactory showing of the capability, qualifications
and reliability of the applicant and “in all proceedings before the town council, the
applicant bears the burden of showing that the public convenience requires and that
the best interests of the community will be substantially served by the issuance of a
license.”
If the Council’s recommendation is for disapproval, the order must include an
attachment stating 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:
Town staff recommends that an order for 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 application for an Owner Transfer of a Series #07 Beer and Wine Bar
liquor license submitted by Ryan Witner Anderson on behalf of Peter Piper Pizza
#1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741.
OPTION 2: I move to adopt and submit to the DLLC an order recommending
disapproval of an application for an Owner Transfer of a Series #07 Beear and Wine
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Bar liquor license submitted by Ryan Witner Anderson on behalf of Peter Piper Pizza
#1211, located at 3741 West Ina Road Suite 125, Tucson, AZ 85741.
Attachments
Redacted Application
Affidavit of Posting
Local Governing Body Recommendation
Descriptions of Common Liquor Licenses
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vfir,., ..'
r ,
r t
ti r tu t_
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
r x www.azliquor.gov
coH' ,*
4R zaN
602) 542-5141
AFFIDAVIT OF POSTING
January 7, 2022 I 2DateofPosting:Date of Posting Removal: I
Anderson
Applicant's Name:
Ryan Witner
Last First Middle
Business Address:
3741 W Ina Rd Ste 125 Tucson 85741
Street City Zip
cense #:
07100094/166342
I hereby certify that pursuant to A.R.S. 4-201, I posted notice in a conspicuous place on the premises proposed to be
licensed by the above applicant and said notice was posted for at least twenty (20) days.
JRBurns Housing Rehabilitation Specialist (520) 990-2496
Print Name of City/County Official Title Phone Number
22
Si nature I ate Signed99
Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents.
If you have any questions please call (602) 542-5141 and ask for the Licensing Division.
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call(602)542-9027Marana Regular Town Council Meeting
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Page 101 of 122
Arizona Department of Liquor Licenses and Control
800 W Washington 5th Floor
Phoenix, AZ 85007-2934
www.azliquor.gov
(602) 542-5141
Local Governing Body Recommendation
A.R.S. § 4-201(C)
1. City or Town of: __________________________________________ Liquor License Application #:_______________________________
(Circle one) (Arizona application #)
2. County of: _______________________________________________ City/Town/County #: ______________________________________
3. If licensed establishment will operate within an “entertainment district” as described in A.R.S. §4-207(D)(2),
______________________________________________________ ______________________________________________________
(Name of entertainment district) (Date of resolution to create the entertainment district)
A boundary map of entertainment district must be attached.
4. The ___________________________________ at a ________________________________ meeting held on the __________________ of
(Governing body) (Regular or special) (Day)
_____________________, ____________ considered the application of _______________________________________________________
(Month) (Year) (Name of applicant)
for a license to sell spirituous liquor at the premises described in application ______________________________________________,
(Arizona liquor license application #)
for the license series #: type ________________________________________________________________ as provided by A.R.S §4-201.
(i.e.: series #10: beer & wine store)
ORDER OF APPROVAL/DISAPPROVAL
IT IS THEREFORE ORDERED that the license APPLICATION OF __________________________________________________
(Name of applicant)
to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended
for _____________________________________________________.
(Approval, disapproval, or no recommendation)
TRANSMISSION OF ORDER TO STATE
IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department
of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona.
Dated at _______________________ on ________________, _________________, __________.
(Location) (Day) (Month) (Year)
____________________________________________ ___________________________________________
(Printed name of city, town or county clerk) (Signature of city, town or county clerk)
8/21/2015 Page 1 of 1
Individuals requiring ADA accommodations please call (602)542-9027
Marana Regular Town Council Meeting
February 15, 2022
Page 102 of 122
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, this liquor license is
transferable from person to person and/or location to location within the same county
and allows the holder both on- & off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on- & off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off-
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one provided for the bar. Payment
must be made no later than the time of delivery.
Marana Regular Town Council Meeting
February 15, 2022
Page 103 of 122
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
{00018233.DOC / 2}
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.
Marana Regular Town Council Meeting
February 15, 2022
Page 104 of 122
Council-Regular Meeting A1
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Jing Luo, Water Director
From:Stephen Dean, Deputy Water Director
Date:February 15, 2022
Strategic Plan Focus Area:
Commerce, Community
Subject:Resolution No. 2022-014: Relating to Utilities; Authorizing Town staff
to apply for a Drinking Water Revolving Fund loan from the Water
Infrastructure Finance Authority of Arizona (WIFA) to fund
construction costs for the Marana Park Reservoir Project (WT046) (Jing
Luo)
Discussion:
Identified in the 2017 Water Infrastructure Improvement Plan (IIP), a new reservoir
at Marana Park (also known as Ora Mae Harn Park) is required to meet existing and
future water demand in the North Marana benefit area. Due to the nature of the
project, it will be funded by the water capital fund up to $1,000,000 with the remaining
construction costs (est. $2,506,345) to be funded by water impact fees. The project has
been 100% designed and construction is budgeted and scheduled to commence in FY22.
Currently, the water capital fund, which is funded by water users, has not accumulated
sufficient funding for the project. Staff has identified an advantageous funding
opportunity through the use of a Water Infrastructure Finance Authority (WIFA)
forgivable loan that will allow 50% or more of the total loan amount to be forgiven
while also providing funding toward the successful and timely completion of the
project. Based on available information from WIFA, the amount to be forgiven will
range from $500,000 - $675,000.
In order to complete the WIFA loan application, authorization to incur debt must be
approved by the Council. If approved, this agenda item would provide that
Marana Regular Town Council Meeting
February 15, 2022
Page 105 of 122
approved by the Council. If approved, this agenda item would provide that
authorization. Once the debt authorization is received, WIFA will continue to work
with the Town staff to proceed with the rest of the application process.
Financial Impact:
Fiscal Year:FY2022
Budgeted
Y/N:N
Amount:$1,000,000
There is no financial impact in FY22 as staff does not anticipate spending the loan
proceeds until next fiscal year. Staff will include appropriate adjustments to the project
as well as to the water fund for corresponding debt service payments. Based on
available information from WIFA the amount to be forgiven will range from $500,000 -
$675,000.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2022-014, authorizing Town staff to
apply for a Drinking Water Revolving Fund loan from the Water Infrastructure Finance
Authority of Arizona (WIFA) to fund construction costs for the Marana Park Reservoir
Project (WT046).
Suggested Motion:
I move to adopt Resolution No. 2022-014, authorizing Town staff to apply for a
Drinking Water Revolving Fund loan from the Water Infrastructure Finance Authority
of Arizona (WIFA) to fund construction costs for the Marana Park Reservoir
Project (WT046).
Attachments
Resolution No. 2022-014 Marana Park Reservoir WIFA Loan
Marana Regular Town Council Meeting
February 15, 2022
Page 106 of 122
MARANA RESOLUTION NO. 2022-014
RELATING TO UTILITIES; AUTHORIZING TOWN STAFF TO APPLY FOR A
DRINKING WATER REVOLVING FUND LOAN FROM THE WATER
INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA (WIFA) TO FUND
CONSTRUCTION COSTS FOR THE MARANA PARK RESERVOIR PROJECT
(WT046)
WHEREAS pursuant to the 2017 Water Infrastructure Improvement Plan, a
new reservoir at Marana Park (also known as Ora Mae Harn Park) must be
constructed in order to meet existing and future water demands in the North
Marana benefit area; and
WHEREAS construction of the reservoir is to be funded in part by the water
capital fund, in an amount up to $1,000,000, with the remainder of the project’s
construction costs to be funded by development impact fees; and
WHEREAS the Marana Park Reservoir Project (WT046) has been 100%
designed and construction is scheduled to commence in fiscal year 2022; and
WHEREAS because the water capital fund cannot currently provide
sufficient funding for the project, the Town desires to apply for a loan through the
Water Infrastructure Finance Authority of Arizona (WIFA) in an amount not to
exceed $1,000,000; and
WHEREAS pursuant to A.R.S. § 9-571, the Town may obligate the revenues
generated by its Water Department and other revenues, including excise taxes,
otherwise authorized by law to be used to repay long-term obligations to repay a
loan from WIFA; and
WHEREAS the Town of Marana, located in Pima and Pinal Counties, certifies
that at the time of this request the population of the community is less than 150,000 as of
the most recent U.S. Census date which meets the requirement under A.R.S. § 9-571; and
WHEREAS the Mayor and Council of the Town of Marana find that it is in
the Town’s best interest to pursue and apply for financial assistance from
WIFA in an amount not to exceed $1,000,000 to fund a portion of the construction
costs for the Marana Park Reservoir Project (WT046).
00079384.DOCX /2 Resolution No. 2022-014
1
Marana Regular Town Council Meeting
February 15, 2022
Page 107 of 122
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Manager is hereby authorized to sign for and on
behalf of the Town of Marana all applications, agreements, and other
documentation necessary or beneficial for Drinking Water Revolving Fund financial
assistance from WIFA in an amount not to exceed $1,000,000 payable from
revenues of the Marana Water Department and other revenues, including excise
taxes, otherwise authorized by law to be used to repay long-term obligations, to
cover construction costs for the Marana Park Reservoir Project (WT046).
SECTION 2. All actions of the officers and agents of the Town of Marana
which conform to the purposes and intent of this resolution and which further
the completion of the actions as contemplated by this resolution, whether
heretofore or hereafter taken, are hereby ratified, confirmed and approved. The
proper officers and agents of the Town are hereby authorized and directed to do
all such acts and things and to execute and deliver all such WIFA application
documents on behalf of the Town and to conduct such procurement activities as
may be necessary to carry out the terms and intent of this resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 15th day of February 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Town Council Meeting
February 15, 2022
Page 108 of 122
Council-Regular Meeting A2
Meeting Date:02/15/2022
To:Mayor and Council
Submitted For:Jing Luo, Water Director
From:Stephen Dean, Deputy Water Director
Date:February 15, 2022
Strategic Plan Focus Area:
Commerce
Subject:Resolution No. 2022-015: Relating to Budget; authorizing the transfer
of $71,145 and $262,050, respectively, in budgeted expense authority
from the General Fund contingency line item to the Water CIP budget
in the fiscal year 2022 budget for the design of the Tangerine Business
Park Well No. 2 Project and for the design of the Honea East Reservoir
and Well Upgrade Project (Jing Luo)
Discussion:
The budget for fiscal year 2021-2022 was adopted on June 15, 2021. The Town Council
approved several Water Capital Improvement Projects that were funded by rates and
impact fees. Staff was waiting to include a number of projects in the fiscal year
2022-2023 budget, however, growth projections have changed dramatically in North
Marana, requiring certain associated infrastructure to be addressed accordingly. Based
on the rapid grown projections, staff seeks to expedite the following two projects:
Tangerine Business Park Reservoir Well No. 2 (East of I-10 on Tangerine
Road) This project includes an additional well in this service area and
was originally planned to be submitted in the fiscal year 2022-2023 budget for
consideration. The estimated design cost is $71,145 and the estimated construction
cost is $600,000 for a grand total of $671,145. In order to accommodate rapid
growth in this service area, staff believes the design needs to be completed during
this fiscal year. This project will be funded by water rate revenues.
1.
Honea East Reservoir and Well Upgrade Project (North Marana) This project
includes constructing a larger reservoir and applicable well expansion to provide
adequate water supply in this area. This project is referenced in the draft
2.
Marana Regular Town Council Meeting
February 15, 2022
Page 109 of 122
Infrastructure Improvement Plan (IIP). If the draft IIP is adopted by Council, the
project costs will be funded/reimbursed by impact fees. The design cost is
estimated to be $262,050 and the estimated construction cost being $2,218,690 for a
grand total of $2,480,740. In order to accommodate rapid growth in this service
area, staff believes the design needs to be completed during this fiscal year.
The item before you requests Council approval of the transfer of $71,145 and $262,050,
respectively, in budgeted expense authority from the General Fund contingency line
item in fiscal year 2021-2022 to the Water CIP Budget for the design of the Tangerine
Business Park Well No. 2 Project and for the design of the Honea East Reservoir and
Well Upgrade Project.
Financial Impact:
Fiscal Year:2022
Budgeted Y/N:No
Amount:$333,195
Budget expenditure authority in the total amount of $333,195 will be transferred to the
corresponding projects upon Council approval. Budget authority will be assigned to
the water capital fund until such time that the Infrastructure Improvement Plan is
approved.
Staff Recommendation:
Staff recommends approval.
Suggested Motion:
I move to adopt Resolution No. 2022-015, authorizing the transfer of $71,145 and
$262,050, respectively, in budgeted expense authority from the General Fund
contingency line item to the Water CIP budget in the fiscal year 2022 budget for the
design of the Tangerine Business Park Well No. 2 Project and for the design of the
Honea East Reservoir and Well Upgrade Project.
Attachments
Resolution No. 2022-015 Transfer of Budget to Water CIP
Marana Regular Town Council Meeting
February 15, 2022
Page 110 of 122
MARANA RESOLUTION NO. 2022-015
RELATING TO BUDGET; AUTHORIZING THE TRANSFER OF $71,145 AND $262,050,
RESPECTIVELY, IN BUDGETED EXPENSE AUTHORITY FROM THE GENERAL
FUND CONTINGENCY LINE ITEM TO THE WATER CIP BUDGET IN THE FISCAL
YEAR 2022 BUDGET FOR THE DESIGN OF THE TANGERINE BUSINESS PARK
WELL NO. 2 PROJECT AND FOR THE DESIGN OF THE HONEA EAST RESERVOIR
AND WELL UPGRADE PROJECT
WHEREAS on June 15, 2021, the Town Council adopted the fiscal year 2021-2022
budgetary document and overall financial plan which set the legal level of budgetary
control at the department level for the General Fund and at the fund level for all other
funds; and
WHEREAS although the Town Council approved several Water Capital
Improvement Projects (CIP) as part of the fiscal year 2022 budget, growth projections
have increased in North Marana requiring additional associated infrastructure; and
WHEREAS the fiscal year 2022 budget did not include funding for the design of
Tangerine Business Park Reservoir Well No. 2 or the design of the Honea East Reservoir
and Well Upgrade project; and
WHEREAS to accommodate rapid growth in these service areas, the design of
these projects needs to be completed during the current fiscal year; and
WHEREAS the Town Council desires to transfer budgeted expense authority in
the fiscal year 2021-2022 budget of $71,145 and $262,050, respectively, from the General
Fund Contingency line item to the Water CIP budget for costs related to the design of
the Tangerine Business Park Reservoir Well No. 2 and the Honea East Reservoir and
Well Upgrade Project; and
WHEREAS transferring budget capacity from the General Fund Contingency
line item of $71,145 and $262,050, respectively, to the Water CIP budget in the fiscal year
2022 budget will not significantly impact the General Fund; and
WHEREAS reallocations of budgeted expense authority between funds are
necessary from time to time; and
Marana Resolution No. 2022-015 1
Marana Regular Town Council Meeting
February 15, 2022
Page 111 of 122
WHEREAS the Council finds that, the reallocations addressed by this resolution
to accelerate the design of these two Water CIP projects are in the best interest of the
Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The transfer of $71,145 and $262,050, respectively, in budgeted
expense authority from the General Fund Contingency line item to the Water CIP
budget for costs related to the design of the Tangerine Business Park Reservoir Well No.
2 and the Honea East Reservoir and Well Upgrade Project in the fiscal year 2021-2022
budget is hereby approved.
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.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 15th day of February 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
2
Marana Regular Town Council Meeting
February 15, 2022
Page 112 of 122
Council-Regular Meeting D1
Meeting Date:02/15/2022
To:Mayor and Council
From:Jane Fairall, Town Attorney
Date:February 15, 2022
Strategic Plan Focus Area:
Not Applicable
Subject:Ordinance No. 2022.003: Relating to Land Development; revising Marana
Town Code Title 17 (Land Development), Chapter 17-2 (Administrative
Bodies and Officers), Section 17-2-2 (Board of adjustment) to provide that the
members of the Town Council [or alternatively, the Planning Commission]
shall serve as the Marana Board of Adjustment; dissolving the sitting Board of
Adjustment; and designating an effective date (Jane Fairall)
Discussion:
Cities and towns in Arizona are required to have a board of adjustment, to hear and
decide appeals of the zoning administrator's interpretations of the zoning ordinance
and to consider applications for variances from the zoning ordinance. A.R.S. § 9-462.06.
A board of adjustment must consist of five to seven members appointed by the council
of the municipality, or the council itself may take on the duties of the board of
adjustment.
When the Town of Marana's first zoning ordinance was adopted by Ordinance No.
77-6 on August 29, 1977, the Town Council itself was established as the Marana Board
of Adjustment. The Council continued to act as the Marana Board of Adjustment until
May 6, 2003, when a separate seven-member Marana Board of Adjustment was
established by the adoption of Ordinance No. 2003.07. The members of the original
separate seven-member Marana Board of Adjustment were appointed on January 20,
2004, by Resolution No. 2004-13. The Board's initial organization meeting occurred on
April 21, 2004.
A list of all separate Marana Board of Adjustment meetings and agenda items can be
Marana Regular Town Council Meeting
February 15, 2022
Page 113 of 122
A list of all separate Marana Board of Adjustment meetings and agenda items can be
found in the backup material for this item. Including its first organization meeting, the
separate Marana Board of Adjustment has met 23 times. Fifteen cases have been
brought to the Board, two of which were withdrawn before the Board made a decision.
Except for the meetings listed, all other monthly meetings have been canceled for a
lack of cases. Over the years, nine Board meetings were held where the only business
involved discussing the rules of procedure or Board training. In nearly 18 years, cases
were on the agendas of only 14 Board meetings.
Four of the seven Board of Adjustment positions have terms expiring on February 28,
2022. Historically, the Town has often had positions left vacant due to a lack of
applications for the board positions.
Citizen members of the separate Marana Board of Adjustment have served well and
faithfully over the years. But considering the Board's historically light case load, Town
staff believes that it is worth revisiting the option to have the Council itself again
choose to act as the Marana Board of Adjustment. Alternatively, the Council could
appoint the members of the Marana Planning Commission as the Marana Board of
Adjustment. Two separate ordinances are included in the agenda packet for
consideration, one appointing the Council as the Board of Adjustment and one
appointing the Commission as the Board of Adjustment.
Town staff provides the following points to aid the Council in this discussion and
possible decision:
By law, the Board of Adjustment is "quasi-judicial" -- it acts like a judge. It decides
cases based on the evidence presented to it. Board members are not permitted to
communicate with the parties outside of the public meeting, in the same way
judges cannot have "ex parte" communications with litigants. This restriction on
communication for board of adjustment cases would be contrary to the normal
practice of the Council and the Planning Commission, who are permitted to speak
to applicants for rezonings and conditional use permits. Not being able to speak
to applicants for variances or interpretation appeals could be difficult or
uncomfortable for Council Members or Planning Commissioners.
1.
By law, appeals of board of adjustment decisions go straight to Superior Court.
When a municipal council is the board of adjustment, it can decide for itself how
aggressively to pursue an appeal. When a municipality's board of adjustment is a
separate body, the municipality's council only gets involved in the appeal by
intervening as a party in the Superior Court. There are many past Arizona cases
where a local government has appeared as an opposing party to its own separate
board of adjustment in litigation challenging the board's decision. This doesn't
happen when a council acts as the municipality's board of adjustment.
2.
Staff Recommendation:
Council's pleasure.
Suggested Motion:
Marana Regular Town Council Meeting
February 15, 2022
Page 114 of 122
I move to adopt Ordinance No. 2022.003, revising Marana Town Code Section 17-2-2 to
provide that the members of the Town Council [or alternatively, the Planning
Commission] shall serve as the Marana Board of Adjustment, and dissolving the sitting
Board of Adjustment.
Attachments
Ordinance No. 2022.003 Appointing Council As BOA
Ordinance No. 2022.003 Appointing Commission as Board
Table of BOA meetings
Marana Regular Town Council Meeting
February 15, 2022
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00079285.DOCX /3
Ordinance No. 2022.003 - 1 -
MARANA ORDINANCE NO. 2022.003
RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17
(LAND DEVELOPMENT), CHAPTER 17-2 (ADMINISTRATIVE BODIES AND
OFFICERS), SECTION 17-2-2 (BOARD OF ADJUSTMENT) TO PROVIDE THAT THE
MEMBERS OF THE TOWN COUNCIL SHALL SERVE AS THE MARANA BOARD OF
ADJUSTMENT; DISSOLVING THE SITTING BOARD OF ADJUSTMENT; AND
DESIGNATING AN EFFECTIVE DATE
WHEREAS A.R.S. § 9-462.06 provides that cities and towns in Arizona are
required to have a board of adjustment, to hear and decide appeals of the zoning
administrator's interpretations of the zoning ordinance and to consider applications for
variances from the zoning ordinance; and
WHEREAS pursuant to A.R.S. § 9-462.06, a board of adjustment must consist of
five to seven members appointed by the council of the municipality, or the council itself
may take on the duties of the board of adjustment; and
WHEREAS when the Town of Marana's first zoning ordinance was adopted by
Ordinance No. 77-6 on August 29, 1977, the Town Council was established as the Marana
Board of Adjustment; and
WHEREAS the Council continued to act as the Marana Board of Adjustment until
May 6, 2003, when a separate seven-member Marana Board of Adjustment was
established by the adoption of Ordinance No. 2003.07; and
WHEREAS citizen members of the separate Marana Board of Adjustment have
served well and faithfully over the years; however, in nearly 18 years, cases were on the
agendas of only 14 Board meetings and the vast majority of Board meetings have been
canceled due to a lack of cases; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance are in the best interest of the Town of Marana and the general
public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 17 (Land Development), chapter 17-2
(Administrative bodies and officers), section 17-2-2 (Board of adjustment) is hereby
Marana Regular Town Council Meeting
February 15, 2022
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00079285.DOCX /3
Ordinance No. 2022.003 - 2 -
amended as follows (with deletions shown with strikeouts and additions shown with
double underlining):
17-2-2 Board of adjustment
A. Establishment; purpose. There is hereby established a board of adjustment for
the town. The board of adjustment shall consist of the members of the town
council.
B. Appointment; vacancies; term. The board of adjustment shall consist of seven
members, who shall serve at the pleasure of the council, each of whom shall be
a resident of the town. Members shall serve staggered terms, with four
members, initially serving a term of two years, and three members initially
serving a term of four years. Thereafter, each member of the board shall be
appointed to serve a term of four years. Vacancies on the board of adjustment
shall be filled by a majority vote of the council to fill the remaining term of
office.
C.B. Officers; public meeting and minutes; bylaws; quorum; procedure.
1. Immediately upon formation and every two years thereafter, following the
seating of new board members, the board of adjustment shall elect a chair
person with The mayor shall serve as the chair of the board with the power
to administer oaths and take evidence.
2. The meetings of the board of adjustment shall be subject to the
requirements of the Arizona open meeting laws. The minutes of the
board’s proceedings shall show the vote of each member. Records of the
board’s examinations and other official actions shall be filed with the
secretary to the board of adjustment as a public record.
3. The board of adjustment shall follow and adhere to any rules of procedure
established for the board by the council.
4. The board of adjustment shall adopt all rules and procedures necessary or
convenient for the conduct of its business, consistent with applicable law
and any rules of procedure established for the board by the council.
D.C.Powers and duties.
1. Variances. The board of adjustment shall hear and decide appeals for
variances, as provided by state law.
2. Interpretations. The board of adjustment shall hear and decide appeals
from zoning decisions of the planning manager, as provided by state law.
3. Other matters. The board shall consider any other matter referred by the
council.
E.Compensation. The members of the board of adjustment shall serve without
compensation; however, members may be reimbursed for actual expenses
incurred in conjunction with their duties and authorized and approved by the
council.
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00079285.DOCX /3
Ordinance No. 2022.003 - 3 -
SECTION 2. The sitting Marana Board of Adjustment is hereby dissolved.
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.
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 be effective the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 15th day of February, 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
Marana Regular Town Council Meeting
February 15, 2022
Page 118 of 122
00079287.DOCX /1
Ordinance No. 2022.003 - 1 -
MARANA ORDINANCE NO. 2022.003
RELATING TO LAND DEVELOPMENT; REVISING MARANA TOWN CODE TITLE 17
(LAND DEVELOPMENT), CHAPTER 17-2 (ADMINISTRATIVE BODIES AND
OFFICERS), SECTION 17-2-2 (BOARD OF ADJUSTMENT) TO PROVIDE THAT THE
MEMBERS OF THE PLANNING COMMISSION SHALL SERVE AS THE MARANA
BOARD OF ADJUSTMENT; DISSOLVING THE SITTING BOARD OF ADJUSTMENT;
AND DESIGNATING AN EFFECTIVE DATE
WHEREAS A.R.S. § 9-462.06 provides that cities and towns in Arizona are
required to have a board of adjustment, to hear and decide appeals of the zoning
administrator's interpretations of the zoning ordinance and to consider applications for
variances from the zoning ordinance; and
WHEREAS pursuant to A.R.S. § 9-462.06, a board of adjustment must consist of
five to seven members appointed by the council of the municipality, or the council itself
may take on the duties of the board of adjustment; and
WHEREAS when the Town of Marana's first zoning ordinance was adopted by
Ordinance No. 77-6 on August 29, 1977, the Town Council was established as the Marana
Board of Adjustment; and
WHEREAS the Council continued to act as the Marana Board of Adjustment until
May 6, 2003, when a separate seven-member Marana Board of Adjustment was
established by the adoption of Ordinance No. 2003.07; and
WHEREAS citizen members of the separate Marana Board of Adjustment have
served well and faithfully over the years; however, in nearly 18 years, cases were on the
agendas of only 14 Board meetings and the vast majority of Board meetings have been
canceled due to a lack of cases; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance are in the best interest of the Town of Marana and the general
public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 17 (Land Development), chapter 17-2
(Administrative bodies and officers), section 17-2-2 (Board of adjustment) is hereby
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Ordinance No. 2022.003 - 2 -
amended as follows (with deletions shown with strikeouts and additions shown with
double underlining):
17-2-2 Board of adjustment
A. Establishment; purpose. There is hereby established a board of adjustment for
the town. The board of adjustment shall consist of the members of the
planning commission.
B. Appointment; vacancies; term. The board of adjustment shall consist of seven
members, who shall serve at the pleasure of the council, each of whom shall be
a resident of the town. Members shall serve staggered terms, with four
members, initially serving a term of two years, and three members initially
serving a term of four years. Thereafter, each member of the board shall be
appointed to serve a term of four years. Vacancies on the board of adjustment
shall be filled by a majority vote of the council to fill the remaining term of
office.
C.B. Officers; public meeting and minutes; bylaws; quorum; procedure.
1. Immediately upon formation and every two years thereafter, following the
seating of new board members, the board of adjustment shall elect a chair
person with The chair of the planning commission shall serve as the chair
of the board with the power to administer oaths and take evidence.
2. The meetings of the board of adjustment shall be subject to the
requirements of the Arizona open meeting laws. The minutes of the
board’s proceedings shall show the vote of each member. Records of the
board’s examinations and other official actions shall be filed with the
secretary to the board of adjustment as a public record.
3. The board of adjustment shall follow and adhere to any rules of procedure
established for the board by the council.
4. The board of adjustment shall adopt all rules and procedures necessary or
convenient for the conduct of its business, consistent with applicable law
and any rules of procedure established for the board by the council.
D.C.Powers and duties.
1. Variances. The board of adjustment shall hear and decide appeals for
variances, as provided by state law.
2. Interpretations. The board of adjustment shall hear and decide appeals
from zoning decisions of the planning manager, as provided by state law.
3. Other matters. The board shall consider any other matter referred by the
council.
E.D. Compensation. The members of the board of adjustment shall serve
without compensation; however, members may be reimbursed for actual
expenses incurred in conjunction with their duties and authorized and
approved by the council.
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Ordinance No. 2022.003 - 3 -
SECTION 2. The sitting Marana Board of Adjustment is hereby dissolved.
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.
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 por tion 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 be effective the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 15th day of February, 2022.
Mayor Ed Honea
ATTEST:
Cherry L. Lawson, Town Clerk
APPROVED AS TO FORM:
Jane Fairall, Town Attorney
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Marana Board of Adjustment
Meetings and Agenda Items since Creation as Separate Board
DATE ITEM RESULT
20040421 Orientation, organization, officers, regular meeting date NA
20040512 Rules of procedure discussed NA
20040609 VAR-04036 Monterey Homes variance request, 2-foot encroachment into setback
at Continental Reserve Block 9
Granted 4-2
Rules of procedure draft approved 6-0
20040811 Rules of procedure discussed NA
20050119 VAR-04130 Lathrem Homebuilders variance request, 20 -foot encroachment at
4032 W Moore Road
Denied 7-0
20060613 VAR-06051 Acacia Nursery variance request, 24 -foot encroachment for existing
modular office at 8080 W Tangerine Road
Granted 4-0
20070508 VAR-07043 Richmond American variance request, 0.8 foot encroachment into 5-
foot side setback at 5451 W Morning Moonlight Ln in Dove Mountain
Granted 5-1
20071114 Discussion of rules of procedure NA
20080212 Variance case studies presentation/training by Town Attorney NA
20081028 VAR-08073 Phyllis McEnroe variance request, 13 -foot encroachment into 40-foot
rear yard setback at 4721 W Mallow Lane
Denied 6-0
VAR-08075 DESCO variance request, 5 -foot encroachments into side and rear
setbacks at Continental Crossing Market Place
Granted 4-2
20090414 VAR-09012 William & Kimberly Ohl request for variance/interpretation to allow
swimming pool on lot across the street at 8223 W Circulo de los Morteros
Denied 3-1*
20091013 VAR-09034 Richmond American variance request, 5 -foot encroachment into the
front yard setback
Granted 3-1
20091117 VAR-09042 Circle K/Pearson’s Signs variance request, 5 -foot encroachment of
pole sign into 10-foot front yard setback at 4540 W. Ina Road
Denied 4-2
20110308 VAR-11008 Gene English/Soloway Designs variance request, 10 -foot
encroachment into 30-fo ot front yard setback at 4220 W Horizon Ridge Road
Granted 4-1
20111101 PCM-11049 Dove Mountain Retail Centre Use Appeal of Planning Director’s
decision that newspaper distribution facility is not a permitted use
Rev’d 3-2†
20111213 Discussion of possible Board rules amendments NA
20120508 Training presentation by the Town Attorney NA
20120814 PCM-12010 Palo Verde Partners and Tortolita appeal of Planning Director’s
determination that the applicable Dove Mountain setback is 15 feet
Withdrawn
Bo ard rules of procedure amendments discussed NA
20121113 Board rules of procedure amendments discussed NA
20130108 Board rules of procedure amendments approved 6-0
20140408 VAR-14015 Yoem Pueblo variance and interpretation requests to accommodate the
review and approval of the Yoem Pueblo subdivision plat
Granted 5-0
20161108 VAR1609-001 Ross Stores variance request to increase maximum area of wall sign Cont’d‡
20170411 VAR1701-001 Variance request to allow installation of a manufactured home at
8865 N Joplin Lane to replace a previous manufactured home on the site
Granted 5-0
* This case was the subject of an appeal to the Pima County Superior Court, which upheld the Board’s decision.
† The vote was 3-2 to reverse the Planning Director’s interpretation. This case was the subject of an appeal to the Pima County Superior
Court , arguing (1) that the motion to reverse failed because, by rule, a reversal re quires four votes of the Board, and (2) that the case
was improperly noticed . The Arizona Daily Star abandoned its request for the distribution facility after the lawsuit was filed.
‡ Continued at the request of the applicant; issue later worked out withou t pursuing the variance.
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