HomeMy WebLinkAbout08-06-2024 Regular Council Meeting Summary Minutes MARANA AZ
ESTABLISHED 1977
MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 6, 2024, 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 6:02 PM and directed the Town Clerk to call
the roll. Council Member Comerford was absent. All other Council Members were
present, constituting a quorum.
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor
Honea.
APPROVAL OF AGENDA
Council Member Kai moved to approve the agenda. Council Member Ziegler seconded the
motion. Mayor Honea requested that Item D1 be moved to the next Council Meeting and
that the motion be approved with that caveat. The vote was taken, and the motion
passed, 6-0.
CALL TO THE PUBLIC
Ms. Isabell Gray addressed the Council. She introduced herself as one of the lifeguards
for the Marana Pool. She asked what the plans were for future development at Ora Mae
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Ham Park and asked to know what would become of the pool, and she said that
patrons of the pool would like to start a petition to keep the pool open. Mayor Honea
said the pool would probably be closed once the Community Center and Aquatics
Facility opened,but that it was open for discussion. Town Manager Terry Rozema
invited Ms. Gray to meet with Deputy Parks and Recreation Director Wayne Barnett
to discuss further.
Mr. David Morales addressed the Council. He said it had been eight months since he
addressed the Council asking the Town to pay the rent for the local DAV. He implored
that the Town pay the rent and said the DAV would close without the Town's
intervention. He asked the Town to at least provide a written yes-or-no answer as to
whether it will pay the rent, and that if it is not willing to pay the rent, to state the reason
why.
Council Member Ziegler said providing an answer was not a big ask, but that Mr.
Morales knew what he was asking for was a big ask. She commented that if the Town
paid the rent for the DAV it would set a precedent. She asked Mr. Rozema to look into it
and provide Mr. Morales with a definitive answer. Mr. Rozema said he would.
PROCLAMATIONS
PR1 Proclamation Recognizing National Purple Heart Day (David L. Udall)
Town Clerk/ Assistant Town Attorney David Udall read the proclamation as Mayor
Honea presented it to its recipients.Mr.Mike Dyer presented Mayor Honea,the Council,
and Mr. Rozema with a certificate of appreciation on behalf of the Fort Lowell Chapter
442 of The Military Order of the Purple Heart.Wrist bands,challenge coins,and honorary
Badges of Merit were also presented to the Council, and a large photo of one of the
Town's "Purple Heart Town" signs was presented to the proclamation recipients.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Mayor Honea said there was a lot that went on during the month of July even though the
Council did not hold any meetings that month. He said there are talks in the works for
an organization to operate at the Marana prison to help eliminate recidivism. He said the
RTA project is still on a bumpy road. He said he and other mayors are making an effort
to make it work,but is not sure if it will. He attended a breakfast at the Ritz Carlton with
a group of new teachers and attended an Arizona League of Cities and Towns meeting.
He mentioned he recently met with Mr. Gary Abrams of Pima Aviation. Mayor Honea
also congratulated Council Member Ziegler and Mr. Patrick Cavanaugh on the results
of the July 30, 2024, Town Council election.
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MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Rozema said the Town issued 108 single-family residential permits in July. Last July,
there were 74 permits issued. He complemented the Town's Star Spangled Spectacular
event. He said the CalPortland project ribbon cutting has been delayed and will now take
place in September. He highlighted the significant number of storms and storm-related
damage this year and complemented Town staff in their clean-up efforts,and highlighted
the Town's Dine and Discover summer challenge. Mr. Rozema also noted the Town did
a recent Real Talk with the Town podcast on the Transportation Master Plan.
Council Member Ziegler asked for reports summarizing for her and other Council
Members what is happening in the RTA meetings.
PRESENTATIONS
CONSENT AGENDA
C1 Resolution No. 2024-070: Relating to Budget; approving the transfer of up to
$100,000 in budgeted expenditure authority from the General Fund contingency line item
to the Mayor and Council Community Relations budget in the fiscal year 2024-2025
budget for a donation to the Marana Food Bank and Community Resource Center (Terry
Rozema)
C2 Resolution No. 2024-071: Relating to Budget; approving the transfer of up to
$2,628,167 in budgeted expense authority from the Other Agency Funds (Fund #3045)
Moore Road - Interstate 10, Traffic Interchange Project (ST115), transferring amounts of
up to $1,232,526 to the Tangerine Road Widening, Phase 2A Project (ST098) and up to
$1,395,641 to the Santa Cruz SUP at Calportland Project (PK023) in the fiscal year 2024-
2025 budget (Fausto Burruel)
C3 Resolution No. 2024-072: Relating to Development; approving the Final Plat for
Mandarina - Phase 1B - Parcel A, Lots 733-884 & Tracts A-K, generally located north of
Tangerine Road and east of Interstate 10 within portions of Section 36,Township 11 South
and Range 11 East (Scott Radden)
C4 Resolution No. 2024-073: Relating to Development; approving the Final Plat for
Mandarina - Phase 1B - Parcel D, Lots 885-998 & Tracts A-J, generally located north of
Tangerine Road and east of Interstate 10 within portions of Section 36,Township 11 South
and Range 11 East (Scott Radden)
C5 Approval of Regular Town Council Meeting Summary Minutes of June 18, 2024,
approval of Special Town Council Meeting Summary Minutes of June 18, 2024, and
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approval of Special Town Council Meeting Summary Minutes of June 25, 2024 (David L.
Udall)
Council Member Ziegler moved to approve the consent agenda. Vice Mayor Post
seconded the motion. Motion passed, 6-0.
Mayor Honea took a point of privilege and asked representatives of the Marana Food
Bank and Community Resource Center to come to the podium. He said the Town just
approved a $100,000.00 donation to the Marana Food Bank and Community Resource
Center. Mayor Honea said he had money left over from his election campaign and that
he intended to purchase an electric forklift for the Marana Food Bank. The Marana Food
Bank and Community Resource Center representatives thanked the Town and Mayor
Honea for the donations.
LIQUOR LICENSES
L1 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a location transfer series #009
Liquor Store liquor license and sampling privileges submitted by Jeffrey Craig Miller on
behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road, Marana,
Arizona, 85653 (David L. Udall)
Mr. Udall informed the Council that Town staff reviewed the liquor license application
and that it was posted for the required 20-day notice period. He said Town staff
recommended an order of approval be submitted to the Arizona Department of Liquor
Licenses and Control.
Vice Mayor Post moved to submit to the Arizona Department of Liquor Licenses and
Control an order recommending approval of an application for a location transfer of a
series#009 Liquor Store liquor license and sampling privileges submitted by Jeffrey Craig
Miller on behalf of Fry's Food & Drug #677, located at 11350 West Tangerine Road,
Marana, Arizona, 85653. Council Member Ziegler seconded the motion. Motion passed,
6-0.
L2 Relating to Liquor Licenses; recommendation to the Arizona Department of
Liquor Licenses and Control regarding an application for a new series #012 Restaurant
liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina Mexicana,
located at 6671 North Thornydale Road, Tucson, Arizona, 85741 (David L. Udall)
Mr. Udall informed the Council that Town staff reviewed the liquor license application
and that it was posted for the required 20-day notice period. He said Town staff
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recommended an order of approval be submitted to the Arizona Department of Liquor
Licenses and Control.
Council Member Ziegler moved to submit to the Arizona Department of Liquor Licenses
and Control an order recommending approval of an application for a new series #012
Restaurant liquor license submitted by Jose Gabriel Contreras on behalf of Humo Cocina
Mexicana, located at 6671 North Thornydale Road, Tucson,Arizona, 85741. Vice Mayor
Post seconded the motion. Motion passed, 6-0.
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Resolution No. 2024-074: Relating to Development; approving and authorizing
the Mayor to execute the First Amendment to Development Agreement for the Saguaro
Bloom Development Project (Jane Fairall)
Town Attorney Jane Fairall presented on this item. She said this item involves approval
of the First Amendment to the Saguaro Bloom development agreement(the"DA"),which
was originally entered into in 2011. Ms. Fairall said that under the original DA, the
developer Saguaro Bloom has several obligations related to transportation
improvements, but it also allows the parties to enter into a payment-in-lieu agreement at
a future date in which the Town could construct some of the improvements and the
developer would pay for their own costs.
This First Amendment addresses the construction and design of Twin Peaks Road. Under
the original DA, the developer was required to design and reconstruct Twin Peaks Road
to one half of its four-lane arterial road cross-sectional along the entire boundary of
Saguaro Bloom and to design and construct a three-legged traffic signal at the intersection
of Twin Peaks Road and Saguaro Peaks Boulevard.
Ms. Fairall said that a couple of years ago, the Town determined it was ready to proceed
with the whole project and wanted to construct it instead of having the developer
construct as well and have multiple contractors engaged in the project. As a result, the
Town approached the developer regarding payment in-lieu provisions. This First
Amendment sets forth those provisions as follows:
• The Town will construct the entire project. Design is complete and was paid for by
the developer.
• The developer will pay for its portion of the project, which is currently estimated
to be at$14.1 million. The payment terms are structured as follows:
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o The developer may provide a cash deposit of half of their project cost.
• When the project reaches 50% completion, the developer would be
required to provide a second cash deposit for the remaining half.
o Alternatively, the developer may provide a letter of credit for the full
amount.
• The Town will hold the letter of credit and issue monthly invoices
for the developer's portion of the project as it proceeds. The Town
would be able to draw on the letter of credit if the developer did not
pay their monthly invoices.
o The developer will be entitled to approximately $631,000.00 in
development impact fee reimbursement for the design work already
completed and for the right-of-way dedicated to the Town by the developer
for the project.
o If the developer fulfills its obligations in making its payment in lieu for the
construction of the road, the developer will be entitled to approximately
$2.7 million in development impact fee credits, structured as follows:
• The Town would pay approximately$1.3 million to the developer at
the time of 50% completion. When the project is complete the Town
would pay the remainder.
Council Member Ziegler said that D.R. Horton (the developer) should pay all of the
money now because she does not trust D.R. Horton. She said D.R. Horton has treated the
residents of Saguaro Bloom poorly and doesn't do business very well. She expressed
concern that it would take forever to receive the money from D.R. Horton.
Notwithstanding, she said that after speaking with Ms. Fairall, she is in favor of the
amendment. She asked Ms. Fairall to clarify the changes in scope provision in the
amendment, and Ms. Fairall provided a clarifying answer.
Vice Mayor Post moved to adopt Resolution No.2024-074. Council Member Kai seconded
the motion. Motion passed, 6-0.
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D1 Relating to Development and Public Works; update, discussion, and possible
direction regarding public and private projects and development applications on the
Towri s Marana Current and Proposed Projects internet site (Jason Angell)
[This item was removed from the agenda during Approval of Agenda.]
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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.
Mayor Honea asked for a motion to go into executive session on Items E2 through E5.
Vice Mayor Post so moved. Council Member Officer seconded the motion. Motion
passed, 6-0.
[An executive session was held on Items E2 through E5, beginning at 6:53 PM.]
El 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)(3) and (4) for discussion or
consultation with the Town's attorneys and to instruct the Town's representatives
concerning the litigation entitled Southern Arizona Home Builders Association v. Town of
Marana, Pima County Superior Court Case No. C20184411.
E3 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or
consultation with the Town's attorneys in order to consider the Town's position and
instruct its attorneys regarding the Town's position regarding possible litigation and/or
settlement negotiations related to the One Arizona Opioid Settlement Memorandum of
Understanding.
E4 Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or
consultation with the Town's attorneys in order to consider the Town's position and
instruct its attorneys regarding the Town's position regarding possible litigation and/or
settlement negotiations related to Jacobs-Sluger v. Town of Marana, Pima County Superior
Court No. C20242463.
E5 Executive session pursuant to A.R.S. § 38-431.03(A)(4) & (7) for discussion or
consultation with the Town's attorneys in order to consider the Town's position and
instruct its attorneys regarding the Town's position regarding ongoing negotiations and
options related to the Master Development Lease Agreement between the Town and
Pima Aviation for the lease of real property located at the Marana Regional Airport.
[The executive session concluded at 8:28 PM.]
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In open session, Mayor Honea asked for the following motions:
• Item E2: Vice Mayor Post moved to proceed as directed in executive session.
Council Member Kai seconded the motion. Motion passed, 6-0.
• Item E5: Vice Mayor Post moved to proceed as directed in executive session.
Council Member Officer seconded the motion. Motion passed, 6-0.
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).
Vice Mayor Post asked that a discussion regarding raising the Towri s construction sales
tax be added as a future agenda item.
ADJOURNMENT
Mayor Honea asked for a motion to adjourn the meeting.
Vice Mayor Post moved to adjourn the meeting. Council Member Officer seconded the
motion. Motion passed, 6-0. Meeting adjourned at 8:32 PM.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the regular Town
Council meeting held on August 6, 2024. I further certify that a quorum was present.
David L. Udall, Town Clerk 4,6•0666,
mowESTABO
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