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HomeMy WebLinkAbout06/04/2019 Regular Council Meeting MinutesA� MARANA AZ ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers June 4, 2019, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the roll. Vice Mayor Jon Post; Council Members Dave Bowen (Excused), Patti Comerford (Arrival, 7:35 PM), Herb Kai, Roxanne Ziegler and John Officer were present. There were a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Kai moved and Vice Mayor Post seconded the motion to approve the agenda. Motion Passed: 5-0 CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comments. There were no comments offered. June 4, 2019 Regular Council Meeting Summary Minutes 1 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported that he had attended the AAED Southern Arizona Meeting, and indicated that Audra Winters, President, Chambers of Commerce was one of the speakers. He also reported that he and Jamsheed Mehta attended a meeting with the PAG/RTA. He expressed concern on Tucson Mobility Plan that will include millions of dollars to go into its transit system, and Pima County has also submitted a plan for O&M for potholes. As of this date, the CAC Advisory Committee has voted no, but they are working on that. There was an item approved at PAG to have all plans for what we envision for the extension of the RT submitted by June 2020 (approximately 13 months). He or Mr. Mehta will call a meeting to have an in-depth discussion, and asked Council to think of any big plans it would like the Town to look at it will begin to review those plans ahead of the meeting. Last Friday, he attended the Northwest University Police Academy event that was held in the Town of Marana. There were approximately 31 officers who were sergeants and above, who attended the academy. Marana sent three officers: Sergeants Pridgett, Paul, and Lt. De Stefano. He was proud to have Northwest University in Marana for this event as they could have selected any community to host this event. Mayor Honea also reported that he had attended two events at the cemetery and the mortuary in honor of our service men. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager, Jamsheed Mehta reviewed the Council Executive Report for May 2019, stating that Marana had 71 single-family housing permits. The town has recovered from the January and February numbers which caused a slight scare in our mind. He noted a slight change with the format within the report, citing page 10. Those with a physical address in Marana will be listed. PRESENTATIONS CONSENT AGENDA Council Member Ziegler moved and Vice Mayor Post second the motion to approve the Consent Agenda. Motion Passed: 5-0 C1 Resolution No. 2019-048: Relating to Transaction Privilege Tax; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana regarding the administration, June 4, 2019 Regular Council Meeting Summary Minutes 2 collection, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana (Yiannis Kalaitzidis) C2 Relating to Procurement; ratifying the Town Manager's approval of two change orders to the construction contract with CORE Construction, Inc. for the Marana Public Safety Facility (PDFAC) in the amount of $301,318.00; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Keith Brann) C3 Approval of the May 21, 2019 Regular Council Summary Minutes and the May 14, 2019 Study Session Summary Minutes (Cherry L. Lawson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2019-034: Relating to Development; approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Erik Montague) Deputy Town Manager, Erik Montague provided a brief overview of the amendments to the Community Facilities District Application Policy and the required changes within the policy that includes the suggested changes from the April 21 Council Meeting. His goal is to briefly review the changes in the CFD Policy, as provided below: 1. Section 4.1 - Clarifies the developer's obligation to cover any difference between revenues generated by the $0.30/$100 O&M levy and actual district expenses. Specifically requires acceptable security in the amount of $100,000 which shall remain in full force and effect until the CFD generates at least $100,000 per year in ad valorem taxes from the $.30/$100 levy for a period of three consecutive years or until the CFD is dissolved pursuant to A.R.S. § 48-724. 2. Section 4.6(g) i and iii - Additional language added in those sections which leaves the value to lien ratio at 6 to 1, excluding the value of public improvements, for CFDs which only require routine infrastructure and allow a ratio of 4 to 1, including the value of public improvements if adequate security, performance bond or similar, was in place to ensure the infrastructure was constructed. 3. Section 4.4(f) - Additional language was added to allow the letter of credit or similar security to be resized at each subsequent bond issuance to the June 4, 2019 Regular Council Meeting Summary Minutes 3 greater of (1) three times the difference between Maximum Annual Debt Service (MADS) less estimated taxes to be collected in the year immediately following the year of bond issuance or (ii) MADS (1 x MADS). Mr. Montague stated the additional amendments would require a motion that includes these amendments. Vice Mayor Post moved and Council Member Kai second the motion to adopt Resolution No. 2019-034, approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts with modifications as presented. Motion Passed: 5-0 A2 Ordinance No. 2019.012: Relating to Business Regulations; adopting revisions to Marana Town Code Title 9 (Business Regulations); adding new Chapter 9-1 (General Provisions) and renumbering the chapters that follow to conform; replacing existing Chapter 9-1 (Business Licenses) with new Chapter 9-2 (Business Licenses); replacing existing Chapter 9-2 (Peddlers, Solicitors and Transient Merchants) with new Chapter 9- 3 (Peddlers); replacing existing Chapter 9-3 (Swap Meets) with new Chapter 9-4 (Swap Meets); adding new Chapter 9-13 (Mobile Food Vendors); modifying various other provisions; and designating an effective date (Jane Fairall) Resolution No. 2019-049: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the revisions to Marana Town Code Title 9 (Business Regulations) adopted by Marana Ordinance No. 2019.012 (Jane Fairall) Deputy Town Attorney Jane Fairall provided a PowerPoint Presentation overview of the amendments to the Town Code related to Business Regulations. This is a culmination of a lot of hard work between the Finance and Legal Department. She acknowledged Starla Anderson, Deputy Finance Director and Lori Business License and Tax Specialists employee who handles all the incoming business license requests as their invaluable input and assistance getting this all put together. She explained what is covered in Title IX in its chronology provides when certain areas of Title IX were adopted or established, or put into place. Highlights of the presentation is below. (PowerPoint Presentation is on file in the Tovn Clerk's Office.) Title 9 includes regulations for the following: • Business Licenses • Peddlers, Solicitors & Transient Merchants • Swap Meets • Massage Establishments ® Clothing and Conduct for Qualified Establishments • Sexually Oriented Businesses • Liquor Licenses • Cable Television • Surface Mining & Land Reclamation June 4, 2019 Regular Council Meeting Summary Minutes 4 • Sale of Products Containing Pseudoephedrine • Commercial Filming & Photography Permits Chronology • 1996 - Title 9 adopted • 2000 - Substantive revisions to title; addition of Sexually Oriented Businesses chapter; Clothing and Conduct for Qualified Establishments chapter rewritten • 2002 - Cable Television and Surface Mining & Land Reclamation chapters added • 2006 - Sale of Products Containing Pseudoephedrine chapter added • 2011 - Massage Establishment chapter added • 2014 - Liquor License chapter rewritten • 2019 - Commercial Filming & Photography Permits chapter added Focus of Revisions — Chapters that have not been revised since 1996 or 2000 • General Business Licenses • Peddlers • Swap Meets • Exceptions: Sexually Oriented Businesses/ Clothing and Conduct for Qualified Establishments (2000) - beyond the scope of this review Clean-up only of other chapters, if necessary Addition of Mobile Food Vendors chapter • NEW - CHAPTER 9-1 - GENERAL PROVISIONS — Basic provisions that apply throughout the entire Title 9 • Definitions • Powers & Duties of License Inspector & Deputy License Inspectors • Classification & Enforcement — Most violations of Title 9 are civil infractions — Violations of specialty licenses/ regulations are criminal misdemeanors (Massage Establishment, Clothing & Conduct for Qualified Establishments, Sexually Oriented Businesses, Sale of Products Containing Pseudoephedrine, Liquor Licenses) • CHAPTER 9-2. BUSINESS LICENSES — Renumbered and Rewritten • Updated and modernized • Reorganized for clarification, readability • Consistent with current practices of Finance Department — Generally applicable to all types of businesses regulated by Title 9 • All businesses need a business license under Chapter 9-2 • License valid for one year; must be posted at business • Additional regulations for certain types of businesses, but not additional licenses • Exceptions: Massage Establishments and Sexually Oriented Businesses obtain specialty license under Chapters 9-5 and 9-7, respectively, instead of 9-2 June 4, 2019 Regular Council Meeting Summary Minutes 5 CHAPTER 9-2. BUSINESS LICENSES (continued) — Exemptions from business license requirement: • Businesses exempted from licensing by state or federal law, including residential real property rental • Non -profits, governmental entities, public educational entities • Casual activities or sales (i.e., yard sales (if 3 consecutive days or less, or 4 times or less within a 1 -year period), online sales, if not engaged in business of selling) — NEW - No -cost registration (but not licensing) of non-profit organizations — NEW - Temporary Business License (currently in fee schedule but not in code) • Authorizes temporary business activity of 10 consecutive days or less; lesser fee — NEW - Final administrative review hearing for denial, suspension, revocation of license is to Town Manager/ designee (eliminates appeal to Council) • CHAPTER 9-3. PEDDLERS — Renumbered and Rewritten — Significantly rewritten to clarify/ define who should be considered a peddler • Focus on individuals going from door-to-door, selling goods & soliciting orders, who are not employees of an already licensed business • Regular business license under Ch. 9-2, but higher scrutiny, additional application requirements for peddlers, including: — The source of supply of the goods or property — Information regarding certain criminal convictions — The most recent counties or municipalities where applicant carried on business immediately preceding the date of application — Description of any vehicles to be used in peddling • NEW - Added requirements that peddlers must be fingerprinted & provide photo to obtain a license • CHAPTER 9-4. SWAP MEETS — Renumbered and Rewritten — NEW - Each swap meet must have a swap meet operator licensed under Chapter 9-2 — NEW - Swap meet operator must present proof that: • Operator is owner of the property where the swap meet is located; or • Operator has the right to use the property for the swap meet — NEW - Swap meet participants must have business license if participate more than 3 consecutive days or 4 times within 1 year (consistent with exemption for casual sales) June 4, 2019 Regular Council Meeting Summary Minutes 6 - NEW - Swap Meet Regulations for safety and security, including: • Merchandise with an initial price of $25.00 or more, or which has or had a serial number, must be visible to the general public & Town officials • Swap meet must be in a building, structure, enclosure, fenced lot, or other area where entry may be restricted to enable the operator to control effectively all participants and merchandise • Operator must provide for daily clean-up of premises & maintain premises in sanitary condition at all times • Participants must vacate the premises & remove all merchandise & personal property at end of each day • Operator must maintain a list of all participants at the swap meet for each day of operations Vice Mayor Post asked whether the Town will require door-to-door peddlers to have some form of license identification on their person. Ms. Fairall stated peddlers will need to provide their license in order to receive a Town issued license, but does not have the information as to how this particular license will be provided to the peddler. The photo requirement is a new requirement, and it will become part of the application process. Vice Mayor Post stated should the Town suggest to residents to request a photo identification of the peddler along with the issued license. Ms. Fairall stated that would be appropriate to ask a person who is peddling at their residence for identification. Mayor Honea inquired about having yard sales over a four day period and whether a license is required for this type of activity. Ms. Fairall stated if someone is hosting a yard sale more than three consecutive days, at any one time, or more than four times in a year -that language currently exist in the Town's Code. • CHAPTER 9-5. MASSAGE ESTABLISHMENTS • Revision to existing chapter to remove requirement for a "regular" business license under Chapter 9-2 in addition to a massage establishment license • No need to obtain 2 licenses for same business • Will only need to obtain a Massage Establishment License under Chapter 9-5 • No other substantive revisions • CHAPTER 9-7. SEXUALLY ORIENTED BUSINESSES - Revised section regarding background checks for employees and establishments to extend the time for Arizona Department of Public Safety (DPS) to respond with criminal history checks on fingerprints • From 30 or 45 days to 90 days - No other substantive revisions June 4, 2019 Regular Council Meeting Summary Minutes 7 • CHAPTER 9-9. PENALTY • Deleted entire chapter; incorporated in new Chapter 9-1 General Provisions • CHAPTER 9-10. SURFACE MINING AND LAND RECLAMATION • Moved current section 9-1-3(B) re: surface mining fees to section 9-10-6 • No substantive revisions • NEW - CHAPTER 9-13. MOBILE FOOD VENDORS — Currently the Town has no provisions specifically related to mobile food vendors/food trucks • Have traditionally regulated as "peddlers"; not a good fit — New chapter based on League of Arizona Cities and Towns Model Ordinance • In compliance with new state laws enacted in 2018 — Does not require a special license, just a regular business license under Chapter 9-2 — Operational requirements: • Fire Safety & Inspection - Compliance with fire code; fire inspection or proof of fire inspection from another state fire department within preceding 12 months • Refuse Trash & Litter Maintenance - at least one 15 gallon trash receptacle within 15 feet of each individual mobile food unit • Noise Restrictions - No amplified sound while parked; amplified sound between 10:00 PM and 6:00 AM presumed to be disturbing • Security - Adequate lighting, no obstructions to street or right-of- way • Insurance - Provide Town with insurance documentation if operate on Town property, including right-of-way and Town special events • Parking • Comply with LDC and other applicable parking regulations • Shall not occupy a space for more than 6 hours in a 24-hour period • Shall not claim exclusive right to park at a particular location • Signs - Comply with Sign Code in LDC • Location • Generally allowed only in commercial, industrial, and mixed-use zoning districts • Not allowed in residential zones or within 250 of residential zone, except: • Ice cream vendor may operate on public ROW in residential zone June 4, 2019 Regular Council Meeting Summary Minutes 8 Vendor may operate by agreement with private property owner, for maximum of 6 hours within a 24- hour period • Allowed to operate in a legal parking space in Town right- of-way, but not in a parking lot on Town -owned property, except: • Subject to a license or agreement with the Town • Subject to a special event permit issued by the Town • To operate on private property must have written permission from property owner Mayor Honea stated with certain food trucks that park in areas throughout the year for certain events he asked whether those trucks are licensed for each event. Ms. Fairall stated the truck vendor has a choice of license. The applicant can opt for an annual license which is $50 for the initial, and $40 for renewal that is good for the entire year. However, the applicant can opt for a temporary license. The temporary license is good for 10 days at a time and cost $20. Council Member Ziegler asked whether food truck vendors have to be escorted into Marana's parks into a designated parking location. Human Resource Director Curry Hale responded stating when the Town hosts it Employee Appreciation Day, those food trucks are escorted into the Park by the town's Parks and Recreation Department. Council Member Ziegler stated she has attended some community events whereby food trucks are situated, asking whether the Parks and Recreation Department staff escort those food trucks into the park area to setup. Parks and Recreation Director Jim Conroy stated there are designated areas where food trucks are permitted to setup, and most of them are repeat businesses to the area. Mr. Conroy stated parks staff is oftentimes there until the end of the event and afterwards. When food trucks come to the parks, they are aware of the designated parking areas and will oftentimes go on their own, or town staff will escort them to that area. Vice Mayor Post stated it was his understanding of the new law that provides food trucks with the permission to park on all public properties with the town's permission or license. Ms. Fairall stated the Town cannot prohibit mobile food vendors from using any legal parking space, but that legal parking space was not defined. As the League was working on the model ordinance they suggested, and to her knowledge the food lobby was fine with it. A definition of what a legal parking space is any parking space that is designated as in the Town's right-of-way, but does not include a parking space in a parking lot of property owned by the Town. That language has been incorporated into the Town's suggested code revisions. Council Member Comerford asked when staff is reviewing these codes, does the Town include the Police Department as they are the ones having to enforce the Code. Ms. Fairall stated once staff had a final draft of these revisions, staff sent the draft to Chief June 4, 2019 Regular Council Meeting Summary Minutes 9 Rozema for his review, comment and suggestion. She and Senior Assistant Town Attorney Libby Shelton would be providing training to the Police once it has been adopted by Council. Council Member Officer asked whether an operator has to have the owner's or the leasee permission to park or have a swap meet. Ms. Fairall stated if the leasee has authority under its lease to grant that type of permission, then that would be acceptable. The Town would look at that—does the leasee have the legal authority to grant that type of permission. Council Member Kai moved and Council Member Ziegler seconded the motion to adopt Ordinance No. 2019.012, adopting revisions to the Marana Town Code Title 9 (Business Regulations), and Resolution No. 2019-049, declaring the revisions to Title 9 as a public record. 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 Town's Marana Current and Proposed Projects internet site (Jamsheed Mehta) Town Manager Jamsheed Mehta referenced the Council Executive Report that reflects most of the information but it is a static report. He stated, Planning Director Jason Angell will provide an overview of this information that is also provided on the Town's website, and will update the Council during each first meeting of the month. Mr. Angell provided an overview of the Current and Proposed Projects on the Town's website, highlighting various areas of the map and tabs from Community Improvement, Transportation, Commercial New Build and Commercial Remodel, Residential, Land Use, and Business License. He stated a new tab was recently added that highlights business licenses, peddlers that updates are still being added and will be functional very soon. Council Member Ziegler thanked Mr. Angell and Mr. Mehta as well as Town staff for their efforts in bringing this forward. Mr. Angell thanked each of the departments as well as Town staff for their hard work and input into this feature. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/ government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mayor Honea stated the Legislature recently died, thereby deferring to Mr. Mehta for additional updates. Mr. Mehta provided a recap of the approval of the budget, as well as a few takeaways that are beneficial to the Town of Marana. There were no HURF sweeps. The $32 additional fee for vehicle registration will be phased out. Instead of June 4, 2019 Regular Council Meeting Summary Minutes 10 five (5) years, it will be phased out over two (2) year. There was a one-time HURF $1.00 distribution. They have $18 million dollars to be distributed only to cities and towns. The counties have been cut out of receiving any portion of those funds. The $18 million will be distributed almost equally across jurisdictions at approximately $200,000 per city or town regardless of the size of the community. Twenty million ($20 million) has been set aside for the State Schools Safety Grant Program. Marana looks at this as funding for the School Resource Officers (SROs) in schools; this is an ongoing program compared to the HURF funding. HURF funding is a one-time funding opportunity for cities and towns. The budget also included the passage of the wayfair related tax policy, which addresses businesses that are not physically located in cities or towns, a purchase that is made online by a Marana resident, we should be receiving a portion of those sales tax dollars. This has not been made clear to all jurisdictions, and therefore we are awaiting additional clarification from the state as to the portion each city and town would receive. 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 enter into an Executive Session as provided in E2. Council Member Ziegler moved and Council Member Kai seconded the motion to enter into an Executive Session. Motion Passed: 6-0 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. X38-431.03 (A). E2 Executive session pursuant to A.R.S. § 38-431.03(A)(4) to consider the Council's position and instruct the Town's attorneys regarding settlement discussions to resolve litigation in Mandarina v. Town of Marana, Pima County Superior Court case number C20161982, and Town of Marana v. Mandarina, Pima County Superior Court case number C20184425. 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 Vice Mayor Post moved and Council Member Comerford second the motion to adjourn the meeting. Meeting adjourned at 8:35 PM. June 4, 2019 Regular Council Meeting Summary Minutes 11 Motion passed: 6-0. (Viva voce) CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 4, 2019. I further certify that a quorum was present. Cherry L. Lawson, Town Clerk June 4, 2019 Regular Council Meeting Summary Minutes 12 A6�G _ MARANA A Z ESTABLISHED 1977 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers June 4, 2019, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 7:00 PM and directed the Clerk to call the roll. Vice Mayor Jon Post; Council Members Dave Bowen (Excused), Patti Comerford (Arrival, 7:35 PM), Herb Kai, Roxanne Ziegler and John Officer were present. There were a quorum of council members present constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Kai shoved and Vice Mayor Post seconded the motion to approve the agenda. Motion Passed: 5-0 CALL TO THE PUBLIC Mayor Honea opened the meeting to receive public comments. There were no comments offered. June 4, 2019 Regular Council Meeting Summary Minutes PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported that he had attended the AAED Southern Arizona Meeting, and indicated that Audra Winters, President, Chambers of Commerce was one of the speakers. He also reported that he and Jamsheed Mehta attended a meeting with the PAG/RTA. He expressed concern on Tucson Mobility Plan that will include millions of dollars to go into its transit system, and Pima County has also submitted a plan for O&M for potholes. As of this date, the CAC Advisory Committee has voted no, but they are working on that. There was an item approved at PAG to have all plans for what we envision for the extension of the RT submitted by June 2020 (approximately 13 months). He or Mr. Mehta will call a meeting to have an in-depth discussion, and asked Council to think of any big plans it would like the Town to look at it will begin to review those plans ahead of the meeting. Last Friday, he attended the Northwest University Police Academy event that was held in the Town of Marana. There were approximately 31 officers who were sergeants and above, who attended the academy. Marana sent three officers: Sergeants Pridgett, Paul, and Lt. De Stefano. He was proud to have Northwest University in Marana for this event as they could have selected any community to host this event. Mayor Honea also reported that he had attended two events at the cemetery and the mortuary in honor of our service men. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager, Jamsheed Mehta reviewed the Council Executive Report for May 2019, stating that Marana had 71 single-family housing permits. The town has recovered from the January and February numbers which caused a slight scare in our mind. He noted a slight change with the format within the report, citing page 10. Those with a physical address in Marana will be listed. PRESENTATIONS CONSENT AGENDA Council Member Ziegler moved and Vice Mayor Post second the motion to approve the Consent Agenda. Motion Passed: 5-0 C1 Resolution No. 2019-048: Relating to Transaction Privilege Tax; approving and authorizing the Mayor to execute an intergovernmental agreement between the State of Arizona Department of Revenue and the Town of Marana regarding the administration, June 4, 2019 Regular Council Meeting Summary Minutes 2 collection, audit and/or licensing of transaction privilege tax and affiliated excise taxes imposed by the Town of Marana (Yiannis Kalaitzidis) C2 Relating to Procurement; ratifying the Town Manager's approval of two change orders to the construction contract with CORE Construction, Inc. for the Marana Public Safety Facility (PDFAC) in the amount of $301,318.00; authorizing the transfer of appropriations if necessary for the change orders; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change orders (Keith Brann) C3 Approval of the May 21, 2019 Regular Council Summary Minutes and the May 14, 2019 Study Session Summary Minutes (Cherry L. Lawson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2019-034: Relating to Development; approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts (Erik Montague) Deputy Town Manager, Erik Montague provided a brief overview of the amendments to the Community Facilities District Application Policy and the required changes within the policy that includes the suggested changes from the April 21 Council Meeting. His goal is to briefly review the changes in the CFD Policy, as provided below: 1. Section 4.1 - Clarifies the developer's obligation to cover any difference between revenues generated by the $0.30/$100 O&M levy and actual district expenses. Specifically requires acceptable security in the amount of $100,000 which shall remain in full force and effect until the CFD generates at least $100,000 per year in ad valorem taxes from the $.30/$100 levy for a period of three consecutive years or until the CFD is dissolved pursuant to A.R.S. § 48-724. 2. Section 4.6(g) i and iii - Additional language added in those sections which leaves the value to lien ratio at 6 to 1, excluding the value of public improvements, for CFDs which only require routine infrastructure and allow a ratio of 4 to 1, including the value of public improvements if adequate security, performance bond or similar, was in place to ensure the infrastructure was constructed. 3. Section 4.4(f) - Additional language was added to allow the letter of credit or similar security to be resized at each subsequent bond issuance to the June 4, 2019 Regular Council Meeting Summary Minutes 3 greater of (1) three times the difference between Maximum Annual Debt Service (MADS) less estimated taxes to be collected in the year immediately following the year of bond issuance or (ii) MADS (1 x MADS). Mr. Montague stated the additional amendments would require a motion that includes these amendments. Vice Mayor Post moved and Council Member Kai second the motion to adopt Resolution No. 2019-034, approving the amended Town of Marana Policy Guidelines and Application Procedures for the Establishment of Community Facilities Districts with modifications as presented. Motion Passed: 5-0 A2 Ordinance No. 2019.012: Relating to Business Regulations; adopting revisions to Marana Town Code Title 9 (Business Regulations); adding new Chapter 9-1 (General Provisions) and renumbering the chapters that follow to conform; replacing existing Chapter 9-1 (Business Licenses) with new Chapter 9-2 (Business Licenses); replacing existing Chapter 9-2 (Peddlers, Solicitors and Transient Merchants) with new Chapter 9- 3 (Peddlers); replacing existing Chapter 9-3 (Swap Meets) with new Chapter 9-4 (Swap Meets); adding new Chapter 9-13 (Mobile Food Vendors); modifying various other provisions; and designating an effective date (Jane Fairall) Resolution No. 2019-049: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the revisions to Marana Town Code Title 9 (Business Regulations) adopted by Marana Ordinance No. 2019.012 (Jane Fairall) Deputy Town Attorney Jane Fairall provided a PowerPoint Presentation overview of the amendments to the Town Code related to Business Regulations. This is a culmination of a lot of hard work between the Finance and Legal Department. She acknowledged Starla Anderson, Deputy Finance Director and Lori Business License and Tax Specialists employee who handles all the incoming business license requests as their invaluable input and assistance getting this all put together. She explained what is covered in Title IX in its chronology provides when certain areas of Title IX were adopted or established, or put into place. Highlights of the presentation is belozi). (PowerPoint Presentation is on file in the Town Clerk's Office.) Title 9 includes regulations for the following: • Business Licenses • Peddlers, Solicitors & Transient Merchants • Swap Meets • Massage Establishments • Clothing and Conduct for Qualified Establishments • Sexually Oriented Businesses • Liquor Licenses • Cable Television • Surface Mining & Land Reclamation June 4, 2019 Regular Council Meeting Summary Minutes 4 • Sale of Products Containing Pseudoephedrine • Commercial Filming & Photography Permits ChronolgZy • 1996 - Title 9 adopted • 2000 - Substantive revisions to title; addition of Sexually Oriented Businesses chapter; Clothing and Conduct for Qualified Establishments chapter rewritten • 2002 - Cable Television and Surface Mining & Land Reclamation chapters added • 2006 - Sale of Products Containing Pseudoephedrine chapter added • 2011 - Massage Establishment chapter added • 2014 - Liquor License chapter rewritten • 2019 - Commercial Filming & Photography Permits chapter added • Focus of Revisions - Chapters that have not been revised since 1996 or 2000 • General Business Licenses • Peddlers • Swap Meets • Exceptions: Sexually Oriented Businesses/ Clothing and Conduct for Qualified Establishments (2000) - beyond the scope of this review • Clean-up only of other chapters, if necessary • Addition of Mobile Food Vendors chapter • NEW - CHAPTER 9-1- GENERAL PROVISIONS - Basic provisions that apply throughout the entire Title 9 • Definitions • Powers & Duties of License Inspector & Deputy License Inspectors • Classification & Enforcement - Most violations of Title 9 are civil infractions - Violations of specialty licenses/ regulations are criminal misdemeanors (Massage Establishment, Clothing & Conduct for Qualified Establishments, Sexually Oriented Businesses, Sale of Products Containing Pseudoephedrine, Liquor Licenses) • CHAPTER 9-2. BUSINESS LICENSES - Renumbered and Rewritten • Updated and modernized • Reorganized for clarification, readability • Consistent with current practices of Finance Department - Generally applicable to all types of businesses regulated by Title 9 • All businesses need a business license under Chapter 9-2 • License valid for one year; must be posted at business • Additional regulations for certain types of businesses, but not additional licenses • Exceptions: Massage Establishments and Sexually Oriented Businesses obtain specialty license under Chapters 9-5 and 9-7, respectively, instead of 9-2 June 4, 2019 Regular Council Meeting Summary Minutes 5 • CHAPTER 9-2. BUSINESS LICENSES (continued) - Exemptions from business license requirement: • Businesses exempted from licensing by state or federal law, including residential real property rental • Non -profits, governmental entities, public educational entities • Casual activities or sales (i.e., yard sales (if 3 consecutive days or less, or 4 times or less within a 1 -year period), online sales, if not engaged in business of selling) - NEW - No -cost registration (but not licensing) of non-profit organizations - NEW - Temporary Business License (currently in fee schedule but not in code) • Authorizes temporary business activity of 10 consecutive days or less; lesser fee - NEW - Final administrative review hearing for denial, suspension, revocation of license is to Town Manager/ designee (eliminates appeal to Council) • CHAPTER 9-3. PEDDLERS - Renumbered and Rewritten - Significantly rewritten to clarify/ define who should be considered a peddler • Focus on individuals going from door-to-door, selling goods & soliciting orders, who are not employees of an already licensed business • Regular business license under Ch. 9-2, but higher scrutiny, additional application requirements for peddlers, including: - The source of supply of the goods or property - Information regarding certain criminal convictions - The most recent counties or municipalities where applicant carried on business immediately preceding the date of application - Description of any vehicles to be used in peddling • NEW - Added requirements that peddlers must be fingerprinted & provide photo to obtain a license - Renumbered and Rewritten - NEW - Each swap meet must have a swap meet operator licensed under Chapter 9-2 - NEW - Swap meet operator must present proof that: • Operator is owner of the property where the swap meet is located; or • Operator has the right to use the property for the swap meet - NEW - Swap meet participants must have business license if participate more than 3 consecutive days or 4 times within 1 year (consistent with exemption for casual sales) June 4, 2019 Regular Council Meeting Summary Minutes 6 - NEW - Swap Meet Regulations for safety and security, including: • Merchandise with an initial price of $25.00 or more, or which has or had a serial number, must be visible to the general public & Town officials • Swap meet must be in a building, structure, enclosure, fenced lot, or other area where entry may be restricted to enable the operator to control effectively all participants and merchandise • Operator must provide for daily clean-up of premises & maintain premises in sanitary condition at all times • Participants must vacate the premises & remove all merchandise & personal property at end of each day • Operator must maintain a list of all participants at the swap meet for each day of operations Vice Mayor Post asked whether the Town will require door-to-door peddlers to have some form of license identification on their person. Ms. Fairall stated peddlers will need to provide their license in order to receive a Town issued license, but does not have the information as to how this particular license will be provided to the peddler. The photo requirement is a new requirement, and it will become part of the application process. Vice Mayor Post stated should the Town suggest to residents to request a photo identification of the peddler along with the issued license. Ms. Fairall stated that would be appropriate to ask a person who is peddling at their residence for identification. Mayor Honea inquired about having yard sales over a four day period and whether a license is required for this type of activity. Ms. Fairall stated if someone is hosting a yard sale more than three consecutive days, at any one time, or more than four times in a year - that language currently exist in the Town's Code. • CHAPTER 9-5. MASSAGE ESTABLISHMENTS • Revision to existing chapter to remove requirement for a "regular" business license under Chapter 9-2 in addition to a massage establishment license • No need to obtain 2 licenses for same business • Will only need to obtain a Massage Establishment License under Chapter 9-5 • No other substantive revisions • CHAPTER 9-7. SEXUALLY ORIENTED BUSINESSES - Revised section regarding background checks for employees and establishments to extend the time for Arizona Department of Public Safety (DPS) to respond with criminal history checks on fingerprints • From 30 or 45 days to 90 days - No other substantive revisions June 4, 2019 Regular Council Meeting Summary Minutes 7 • CHAPTER 9-9. PENALTY • Deleted entire chapter; incorporated in new Chapter 9-1 General Provisions • CHAPTER 9-10. SURFACE MINING AND LAND RECLAMATION • Moved current section 9-1-3(B) re: surface mining fees to section 9-10-6 • No substantive revisions • NEW - CHAPTER 9-13. MOBILE FOOD VENDORS — Currently the Town has no provisions specifically related to mobile food vendors/food trucks • Have traditionally regulated as "peddlers"; not a good fit — New chapter based on League of Arizona Cities and Towns Model Ordinance • In compliance with new state laws enacted in 2018 — Does not require a special license, just a regular business license under Chapter 9-2 — Operational requirements: • Fire Safety & Inspection - Compliance with fire code; fire inspection or proof of fire inspection from another state fire department within preceding 12 months • Refuse Trash & Litter Maintenance - at least one 15 gallon trash receptacle within 15 feet of each individual mobile food unit • Noise Restrictions - No amplified sound while parked; amplified sound between 10:00 PM and 6:00 AM presumed to be disturbing • Security - Adequate lighting, no obstructions to street or right-of- way • Insurance - Provide Town with insurance documentation if operate on Town property, including right-of-way and Town special events • Parking • Comply with LDC and other applicable parking regulations • Shall not occupy a space for more than 6 hours in a 24-hour period • Shall not claim exclusive right to park at a particular location • Signs - Comply with Sign Code in LDC • Location • Generally allowed only in commercial, industrial, and mixed-use zoning districts • Not allowed in residential zones or within 250 of residential zone, except: • Ice cream vendor may operate on public ROW in residential zone June 4, 2019 Regular Council Meeting Summary Minutes 8 • Vendor may operate by agreement with private property owner, for maximum of 6 hours within a 24- hour period • Allowed to operate in a legal parking space in Town right- of-way, but not in a parking lot on Town -owned property, except: • Subject to a license or agreement with the Town • Subject to a special event permit issued by the Town • To operate on private property must have written permission from property owner Mayor Honea stated with certain food trucks that park in areas throughout the year for certain events he asked whether those trucks are licensed for each event. Ms. Fairall stated the truck vendor has a choice of license. The applicant can opt for an annual license which is $50 for the initial, and $40 for renewal that is good for the entire year. However, the applicant can opt for a temporary license. The temporary license is good for 10 days at a time and cost $20. Council Member Ziegler asked whether food truck vendors have to be escorted into Marana's parks into a designated parking location. Human Resource Director Curry Hale responded stating when the Town hosts it Employee Appreciation Day, those food trucks are escorted into the Park by the town's Parks and Recreation Department. Council Member Ziegler stated she has attended some community events whereby food trucks are situated, asking whether the Parks and Recreation Department staff escort those food trucks into the park area to setup. Parks and Recreation Director Jim Conroy stated there are designated areas where food trucks are permitted to setup, and most of them are repeat businesses to the area. Mr. Conroy stated parks staff is oftentimes there until the end of the event and afterwards. When food trucks come to the parks, they are aware of the designated parking areas and will oftentimes go on their own, or town staff will escort them to that area. Vice Mayor Post stated it was his understanding of the new law that provides food trucks with the permission to park on all public properties with the town's permission or license. Ms. Fairall stated the Town cannot prohibit mobile food vendors from using any legal parking space, but that legal parking space was not defined. As the League was working on the model ordinance they suggested, and to her knowledge the food lobby was fine with it. A definition of what a legal parking space is any parking space that is designated as in the Town's right-of-way, but does not include a parking space in a parking lot of property owned by the Town. That language has been incorporated into the Town's suggested code revisions. Council Member Comerford asked when staff is reviewing these codes, does the Town include the Police Department as they are the ones having to enforce the Code. Ms. Fairall stated once staff had a final draft of these revisions, staff sent the draft to Chief June 4, 2019 Regular Council Meeting Summary Minutes 9 Rozema for his review, comment and suggestion. She and Senior Assistant Town Attorney Libby Shelton would be providing training to the Police once it has been adopted by Council. Council Member Officer asked whether an operator has to have the owner's or the leasee permission to park or have a swap meet. Ms. Fairall stated if the leasee has authority under its lease to grant that type of permission, then that would be acceptable. The Town would look at that— does the leasee have the legal authority to grant that type of permission. Council Member Kai shoved and Council Member Ziegler seconded the motion to adopt Ordinance No. 2019.012, adopting revisions to the Marana Town Code Title 9 (Business Regulations), and Resolution No. 2019-049, declaring the revisions to Title 9 as a public record. 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 Town's Marana Current and Proposed Projects internet site (Jamsheed Mehta) Town Manager Jamsheed Mehta referenced the Council Executive Report that reflects most of the information but it is a static report. He stated, Planning Director Jason Angell will provide an overview of this information that is also provided on the Town's website, and will update the Council during each first meeting of the month. Mr. Angell provided an overview of the Current and Proposed Projects on the Town's website, highlighting various areas of the map and tabs from Community Improvement, Transportation, Commercial New Build and Commercial Remodel, Residential, Land Use, and Business License. He stated a new tab was recently added that highlights business licenses, peddlers that updates are still being added and will be functional very soon. Council Member Ziegler thanked Mr. Angell and Mr. Mehta as well as Town staff for their efforts in bringing this forward. Mr. Angell thanked each of the departments as well as Town staff for their hard work and input into this feature. D2 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/ government actions and on recent and upcoming meetings of the other governmental bodies (Jamsheed Mehta) Mayor Honea stated the Legislature recently died, thereby deferring to Mr. Mehta for additional updates. Mr. Mehta provided a recap of the approval of the budget, as well as a few takeaways that are beneficial to the Town of Marana. There were no HURF sweeps. The $32 additional fee for vehicle registration will be phased out. Instead of June 4, 2019 Regular Council Meeting Summary Minutes 10 five (5) years, it will be phased out over two (2) year. There was a one-time HURF $1.00 distribution. They have $18 million dollars to be distributed only to cities and towns. The counties have been cut out of receiving any portion of those funds. The $18 million will be distributed almost equally across jurisdictions at approximately $200,000 per city or town regardless of the size of the community. Twenty million ($20 million) has been set aside for the State Schools Safety Grant Program. Marana looks at this as funding for the School Resource Officers (SROs) in schools; this is an ongoing program compared to the HURF funding. HURF funding is a one-time funding opportunity for cities and towns. The budget also included the passage of the wayfair related tax policy, which addresses businesses that are not physically located in cities or towns, a purchase that is made online by a Marana resident, we should be receiving a portion of those sales tax dollars. This has not been made clear to all jurisdictions, and therefore we are awaiting additional clarification from the state as to the portion each city and town would receive. 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 enter into an Executive Session as provided in E2. Council Member Ziegler moved and Council Member Kai seconded the motion to enter into an Executive Session. Motion Passed: 6-0 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)(4) to consider the Council's position and instruct the Town's attorneys regarding settlement discussions to resolve litigation in Mandarina v. Town of Marana, Pima County Superior Court case number C20161982, and Town of Marana v. Mandarina, Pima County Superior Court case number C20184425. 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 Vice Mayor Post moved and Council Member Comerford second the motion to adjourn the meeting. Meeting adjourned at 8:35 PM. June 4, 2019 Regular Council Meeting Summary Minutes 11 Motion passed: 6-0. (Viva voce) CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 4, 2019. I further certify that a quorum was present. Cherry L. awson, Town Clerk June 4, 2019 Regular Council Meeting Summary Minutes 12