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Home My WebLink About02/01/2011 Regular Council Meeting Minutes ARAA REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 1, 2011, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:01 p.m. Town Clerk Bronson called roll. Vice Mayor Kai and Council Member McGorray were excused. A quorum was present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE Led by Mayor Honea. Mayor Honea asked that the audience have a moment of silence in remembrance of Pima County Sheriff's Office, pilot Loren Leonberger, and Dennis Skelton, husband of Town of Sahuarita Mayor Lynne Skelton. APPROVAL OF AGENDA Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. CALL TO THE PUBLIC Jolene Campbell addressed Council regarding the Marana Can Do 5k walk/run on February 5, 2011. She noted that all non - perishable food donations will be given to the Marana Community Food Bank. Food donations are in lieu of the registration fee. Herb Fisher spoke to Council regarding two questions (1) there is a large mound of dirt in the southwestern corner of the new health center property, and he would like to know what that is for; and (2) has there been any consideration for a heliport at the new clinic. Mr. Fisher was referred to Kevin Kish for answers to his questions. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan produced a 1976 Terrible Towel as a reminder of this year's Super Bowl event. 1 February 1, 2011 Council Meeting Minutes Mayor Honea noted that the memorial service for Dennis Skelton will be at 2:00 p.m. on Saturday, February 5 th in Sahuarita; he was a guest on Bill Buckmaster's new radio program; he spoke at the Wounded Warriors project on behalf of men and women who have been injured in the Afghan and Iraq wars; he and Gilbert Davidson toured the new Marana Health Center, noting that it was the first time he had been there while it's been under construction. They will try to open around May 1, 2011. He and Council Member Comerford, Mr. Davidson and Barbara Johnson went to Phoenix to attend the first hearing of the wastewater bill being sponsored on behalf of Marana. It passed through the committee unanimously and is moving forward. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No report. PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. C 1: Resolution No. 2011 -12: Relating to Recreation; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Arizona Game and Fish Commission and the Town of Marana defining and regulating hunting areas with the Town of Marana C 2: Minutes of the January 18, 2011 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2011 -13: Relating to Administration; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the PGA TOUR, Inc., for event costs relating to the World Golf Championships Accenture Match Play Championship tournament Presented by Josh Wright. Motion to approve moved by Council Member Comerford, second by Council Member Post. Motion carried unanimously. A 2: Resolution No. 2011 -14: Relating to Mayor and Council; scheduling a February 9, 2011, joint study session with the Oro Valley Town Council Presented by Jocelyn Bronson. Motion to approve moved by Council Member Comerford, second by Council Member Ziegler. Motion carried unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION 2 February 1, 2011 Council Meeting Minutes D 1: Relating to Business Regulations; discussion and direction regarding proposed amendments to Title 9 (Business Regulations) of the Marana Town Code, regulating massage establishments, establishing licensing requirements and related fees, establishing requirements for massage establishment facilities, designating unlawful activities and establishing criminal penalties for violations Mayor Honea noted that this item had been prompted by the Police Citizen Advisory Commission, and he asked the members of the Commission who were present to stand and be recognized. In attendance were Gary Nicholl, Jim Shaw, Jack Noble, Jim Edwards and Stephanie Ashcraft. Presented by Jane Fairall. She gave an overview of the 10 months of work that the Commission has done. Mike Lektorich, last year's commission chair, came to the Council last March and asked to have approval for staff to draft an ordinance regulating massage establishments in the town. In July, the commission did outreach in the business community. The ordinance was also presented to the Business and Economic Development Citizen Advisory Commission. Both commissions recommended that it be forwarded to the Council. She then reviewed previous town regulations that were repealed when the state took over licensing of massage therapists. But there was a bit of a gap because the state did not take over licensing of massage establishments. This ordinance would fill that gap by providing specific licensing requirements; and managers of the establishments would have to have a license. These licenses would be renewable each year and background checks would be done on all applicants by the police department. There would be licensing requirements for the facilities as well such as lighting, signage and sanitation. Town officials as well as state or fed agencies would be able to inspect the business when it's occupied with regard to human health and safety and structural safety. Criminal penalties are also established for unlawful activities. Violations would be a Class 1 misdemeanor which is the highest classification of misdemeanor in Arizona. Ms. Fairall requested Council approval to bring this back for final Council approval at the February 15 meeting. Motion by Council Member Clanagan to direct staff to bring the item back, as well as make amendments to the town's comprehensive fee schedule for adoption at the February 15' meeting, second by Council Member Ziegler. Motion carried unanimously. Council Member Clanagan thanked the members of the police advisory commission for their commitment in bringing this forward. D 2: Legislative /Intergovernmental Report: regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Presented by Josh Wright, who gave a brief update on the 50 session of the Legislature. Several bills are being introduced that he hopes will not make it, but he did want to bring two bills to the attention of Council that will likely be opposed by all cities and towns in Arizona. SB 1220 and SB 1221. Both bills are being pushed by the Arizona Tax Research Association (ATRA), Phoenix -based group advocating for uniform tax codes, but has taken cities and towns on as their major target. SB 1220 would make some significant revisions to the Model Cities Tax Code which is one that provides flexibility in the way we take in sales tax revenues. They would like to remove any inconsistency between what the state taxes and what the local jurisdiction taxes. This would be a 3 February 1, 2011 Council Meeting Minutes complete removal of local control on our tax base. SB 1221 is even more disconcerting as it proposed to freeze urban revenue sharing which is our share of the state income tax through FY 2030. The money would be diverted to state operations and freeze money beginning with the current year. The League has stepped up its activities to kill these bills, and the town continues to support them in that activity. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38- 431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County /Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS No items were presented. ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously. The meeting was adjourned at 7:21 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on February 1, 2011. I further certify that a quorum was present. J celyn . Bronson, Town Clerk `��1lIIIIII�I� OF SEAT. C 4 4 February 1, 2011 Council Meeting Minutes