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HomeMy WebLinkAboutRegular Council Meeting Agenda Packet 4/4/2023MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 4, 2023, 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 April 4, 2023, 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 Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. Marana Town Council Regular Meeting April 4, 2023 Page 1 of 138 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 future agenda. Marana Town Council Regular Meeting April 4, 2023 Page 2 of 138 future agenda.   PROCLAMATIONS   PR1 Proclamation recognizing April 10, 2023, as Lineworker Appreciation Day (David L. Udall)   PR2 Proclamation recognizing April 1-7, 2023 as the Week of the Young Child (David L. Udall)   PR3 Proclamation recognizing Karen Opoku-Appoh (David L. Udall)   MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS   MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS   PRESENTATIONS   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. 2023.009: Relating to Business Regulations; adopting revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”; and other various revisions to Title 9 of the Marana Town Code; and designating an effective date Resolution No. 2023-029: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2023.009, revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”; and other various revisions to Title 9 of the Marana Town Code (Jane Fairall)     Marana Town Council Regular Meeting April 4, 2023 Page 3 of 138   C2 Ordinance No. 2023.010: Relating to Finance; amending the Town of Marana comprehensive fee schedule by adding fees for business licenses for short-term and vacation rentals; and designating an effective date (Jane Fairall)   C3 Resolution No. 2023-030: Relating to Development; approving the final plat for Linda Vista Village North, Village IV (Lots 1-70), Village V (Lots 1-58) and Common Areas “A”, “D”, “E”, “F”, “G”, and “H” located on the north side of Linda Vista Boulevard, 0.1 miles east of Twin Peaks Road (Steve Cheslak)   C4 Resolution No. 2023-031: Relating to Personnel; approving the establishment of the Arizona State Retirement Supplemental Salary Deferral 457 Plan administered by Nationwide Retirement Solutions (Curry C. Hale)   C5 Approval of Special Council Meeting/Retreat Summary Minutes of March 13 - 15, 2023, and of Regular Council Meeting Summary Minutes of March 21, 2023 (David L. Udall)   LIQUOR LICENSES   BOARDS, COMMISSIONS AND COMMITTEES   COUNCIL ACTION   A1 PUBLIC HEARING: Ordinance No. 2023.011: Relating to Business Regulations; continuing the occupational licensing requirement for managers of massage establishments as set forth in Marana Town Code Title 9 (Business Regulations), Chapter 9-5 (Massage Establishments), Section 9-5-7 (Manager license required; non-transferability) and finding that the licensing requirement is necessary to protect the healthy, safety or welfare of the public; and declaring an emergency (Libby Shelton)   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 (Steve Cheslak)      Marana Town Council Regular Meeting April 4, 2023 Page 4 of 138 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 (Terry Rozema)      D3 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (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).      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) (3) and (4) for discussion or consultation with the Town’s attorneys and to instruct the Town's representatives concerning the litigation entitled Town of Marana v Pulte Home Company, LLC, Pima County Superior Court Case No. C20205095.      FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B).   ADJOURNMENT     Marana Town Council Regular Meeting April 4, 2023 Page 5 of 138      Council-Regular Meeting   PR1        Meeting Date:04/04/2023   Submitted For:David L. Udall, Town Clerk/Assistant Town Attorney Date:April 4, 2023 Subject:Proclamation recognizing April 10, 2023, as Lineworker Appreciation Day (David L. Udall) Attachments Proclamation Marana Town Council Regular Meeting April 4, 2023 Page 6 of 138 Marana Town Council Regular Meeting April 4, 2023 Page 7 of 138      Council-Regular Meeting   PR2        Meeting Date:04/04/2023   Date:April 4, 2023 Subject:Proclamation recognizing April 1-7, 2023 as the Week of the Young Child (David L. Udall) Attachments Proclamation Marana Town Council Regular Meeting April 4, 2023 Page 8 of 138 Marana Town Council Regular Meeting April 4, 2023 Page 9 of 138      Council-Regular Meeting   PR3        Meeting Date:04/04/2023   Date:April 4, 2023 Subject:Proclamation recognizing Karen Opoku-Appoh (David L. Udall) Attachments Proclamation Marana Town Council Regular Meeting April 4, 2023 Page 10 of 138 Marana Town Council Regular Meeting April 4, 2023 Page 11 of 138      Council-Regular Meeting   C1        Meeting Date:04/04/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 4, 2023 Strategic Plan Focus Area: Vibrant Community,  Proactive Public Services Subject:Ordinance No. 2023.009: Relating to Business Regulations; adopting revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”; and other various revisions to Title 9 of the Marana Town Code; and designating an effective date Resolution No. 2023-029: Relating to Business Regulations; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2023.009, revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”; and other various revisions to Title 9 of the Marana Town Code (Jane Fairall)   Discussion: In 2016, the Arizona state legislature adopted SB 1350 which prohibited municipalities from prohibiting vacation rentals or short-term rentals (STR) in their communities and from regulating vacation rentals or short-term rentals based on their classification, use or occupancy. A city or town was only allowed to regulate vacation rentals or short-term rentals for limited purposes. In the 2022 legislative session, the legislature adopted SB 1168 (a copy of which is included within the agenda materials for this item) which allows municipalities some Marana Town Council Regular Meeting April 4, 2023 Page 12 of 138 included within the agenda materials for this item) which allows municipalities some additional regulatory authority regarding vacation and short-term rentals. The League of Arizona Cities and Towns developed a model ordinance after the adoption of SB 1168. The attached proposed regulations, which would add a new chapter 9-14 entitled "Short-Term and Vacation Rentals" to the Marana Town Code, are based upon the League's model ordinance. Among other things, the proposed ordinance would do the following: Require the owner of an STR to obtain a business license Require the owner to provide an emergency point of contact for the STR who will be available over the phone or text, within 60 minutes of a police officer's request for contact. Require the owner to notify neighbors of the use of the property as an STR prior to offering it for use Require the owner or the online lodging marketplace on which the vacation rental is advertised to conduct a sex offender background check on each guest within 24 hours of every booking Allow the Town to deny an STR license for the reasons allowed under state law Allow the Town to prohibit certain types of uses in a STR Allow the Town to suspend an STR license for 12 months for violations of the ordinance Allow the Town to impose various civil penalties for violations, as allowed under the state law At the Council's March 21, 2023 meeting, staff presented the proposed Town Code revisions and sought feedback from Council. Council directed staff to bring the Town Code revisions back to Council for adoption. Also on tonight's agenda is a separate item which would amend the Town's comprehensive fee schedule to include fees for a short-term/vacation rental business license. Staff Recommendation: Town staff recommends adoption of the revisions to Town Code regarding short-term and vacation rentals. Suggested Motion: I move to adopt Ordinance No. 2023.009, adopting revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals” and Resolution No. 2023-029, declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2023.009. Attachments Ordinance No. 2023.009 Resolution No. 2023-029 Exhibit A to Resolution No. 2023-029 Marana Town Council Regular Meeting April 4, 2023 Page 13 of 138 Arizona Revised Statutes definitions SB 1168 Marana Town Council Regular Meeting April 4, 2023 Page 14 of 138 00087557.DOCX /1 Ordinance No. 2023.009 - 1 - MARANA ORDINANCE NO. 2023.009 RELATING TO BUSINESS REGULATIONS; ADOPTING REVISIONS TO TITLE 9 “BUSINESS REGULATIONS” OF THE MARANA TOWN CODE, INCLUDING DELETING SECTION 9-2-4 (VACATION RENTAL OR SHORT-TERM RENTAL CONTACT INFORMATION) AND ADDING NEW CHAPTER 9-14 “SHORT-TERM AND VACATION RENTALS”; AND OTHER VARIOUS REVISIONS TO TITLE 9 OF THE MARANA TOWN CODE; AND DESIGNATING AN EFFECTIVE DATE WHEREAS local governments may regulate short-term rentals and vacation rentals except as limited by Arizona Revised Statutes (“A.R.S.”) §9-500.39; and WHEREAS a central and significant goal for the Town of Marana is to protect the health, safety, and welfare of the Town’s residents, while preserving its housing stock, and maintaining the quality and character of residential neighborhoods; and WHEREAS the Marana Town Council deems it necessary to adopt certain regulations regarding the use of property as short-term and vacation rentals to protect the health, safety, and welfare of the Town’s residents. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”, and other various revisions to Title 9, one paper copy and one electronic copy of which are on file in the office of the Town Clerk, which were made a public record by and attached as Exhibit A to Resolution No. 2023-029 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. The following penalty clauses are included in Marana Town Code chapter 9-14 “Short-Term and Vacation Rentals” as adopted pursuant to this ordinance: 9-14-18 Civil violations and penalties A. The remedies in this chapter are cumulative and the town may proceed under one or more remedies. Marana Town Council Regular Meeting April 4, 2023 Page 15 of 138 00087557.DOCX /1 Ordinance No. 2023.009 - 2 - B. No person shall operate, offer for rent, rent, occupy, or use a short-term rental in violation of any provision of this chapter or other applicable law, rule, or regulation. C. The owner shall be subject to the suspensions, civil violations, and penalties set forth in this chapter for the owner’s designee’s violation of any provision of this chapter or failure to perform any act or duty required by this chapter. D. Any person who violates a provision of this chapter will be subject to a civil code violation case in accordance with chapter 5-7 of this code. E. In addition to any other penalty pursuant to the town code, and notwithstanding any other law, the town may impose civil penalties of the following amounts against an owner if the owner causes, allows, facilitates, aides, or abets in the commission of a verified violation or fails to perform any act or duty required by this chapter, related to the same vacation rental property within the same 12-month period. If multiple violations arise out of the same response to an incident at a vacation rental, those violations are considered one violation for the purpose of assessing civil penalties. 1. Up to $500 or up to an amount equal to one night’s rent for the vacation rental as advertised, whichever is greater, for the first violation. 2. Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental as advertised, whichever is greater, for the second violation. 3. Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental as advertised, whichever is greater, for a third and any subsequent violation. F. In addition to any other penalty, any property that operates as a vacation rental and fails to apply for a vacation rental license in accordance with this chapter within 30 days of the application process being made available by the town, must cease operations immediately. In addition to any fines imposed pursuant paragraph E above, the town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for a license within 30 days of receiving written notice from the town of the failure to comply. G. In addition to any other penalty, the town may impose a civil penalty of up to $1,000 for every 30 days the owner fails to provide contact information for an emergency point of contact to the town as required by this chapter. Before imposing the initial civil penalty, the town shall provide 30 days' notice to the owner by emailing a notice of violation to the owner’s email address that was provided to the town. Notwithstanding the date of the notice of violation, the date for calculating the penalties shall be the first day the vacation rental is occupied following the owner’s failure to provide the information to the town. 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. Marana Town Council Regular Meeting April 4, 2023 Page 16 of 138 00087557.DOCX /1 Ordinance No. 2023.009 - 3 - 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 is effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 17 of 138 00087559.DOCX /1 Resolution No. 2023-029 - 1 - MARANA RESOLUTION NO. 2023-029 RELATING TO BUSINESS REGULATIONS; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2023.009, REVISIONS TO TITLE 9 “BUSINESS REGULATIONS” OF THE MARANA TOWN CODE, INCLUDING DELETING SECTION 9-2-4 (VACATION RENTAL OR SHORT-TERM RENTAL CONTACT INFORMATION) AND ADDING NEW CHAPTER 9-14 “SHORT-TERM AND VACATION RENTALS”; AND OTHER VARIOUS REVISIONS TO TITLE 9 OF THE MARANA TOWN CODE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the revisions to Title 9 “Business Regulations” of the Marana Town Code, including deleting section 9-2-4 (Vacation rental or short-term rental contact information) and adding new chapter 9-14 “Short-Term and Vacation Rentals”, and other various revisions to Title 9 of the Marana Town Code, a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 18 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 1 SECTION 1. Title 9 “Business Regulations”, Chapter 9-1 “General Provisions”, section 9-1-2 (Definitions) of the Marana Town Code is hereby revised as follows (with additions shown with double-underlining and deletions shown with strikeouts): 9-1-2 Definitions The following definitions shall apply throughout this title unless the context clearly indicates or requires a different meaning. [No revisions to paragraphs A through G] H. “Licensee” means the person who applied for a license pursuant to this article title and in whose name such the license was issued by the town pursuant to this title. [No revisions to paragraphs I through O] P. “Vacation rental” or “short-term rental” means the same as defined in A.R.S. § 9-500.39. SECTION 2. Title 9 “Business Regulations”, Chapter 9-2 “Business Licenses” of the Marana Town Code is hereby revised by deleting section 9-2-4 (Vacation rental or short-term rental contact information) in its entirety and renumbering the sections that follow, and any affected cross-references, to conform to the deletion. SECTION 3. Title 9 “Business Regulations” of the Marana Town Code is hereby revised by adding new chapter 9-14 “Short-Term and Vacation Rentals” as follows: CHAPTER 9-14. SHORT-TERM AND VACATION RENTALS 9-14-1 Purpose The purpose of this chapter is to protect the health, safety, and welfare of the community by enacting reasonable regulations for short-term rentals and vacation rentals. These regulations are in addition to other codes of the town. 9-14-2 Definitions In this chapter, unless the context or definitions in A.R.S. § 9-500.39 indicate otherwise, the following terms or phrases are defined as follows: A. “Advertisement” means any method of soliciting the use of property for vacation rental purposes. B. “Online lodging marketplace” has the same meaning prescribed in A.R.S. § 42- 5076. C. “Days” means calendar days unless stated otherwise. Marana Town Council Regular Meeting April 4, 2023 Page 19 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 2 D. “Designee” and “agent” are interchangeable for purposes of this chapter and mean any person or persons with the charge, care, or control of any property, dwelling unit, or portion thereof. “Designee” includes the “emergency point of contact.” E. “Emergency point of contact” means the owner or individual designated by the owner to: 1. Serve as the local 24-hour emergency point of contact for the vacation rental; and 2. Respond to complaints and emergencies relating to the vacation rental in a timely manner as required by this chapter. F. “License” means authorization by the town to operate a vacation rental in accordance with this chapter. G. “Nonresidential use” means any use that is not permitted in a residential zoning district pursuant to a town zoning ordinance. H. “Owner” means any person who, alone or with others, has title or interest in a property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and includes any person who as agent, executor, administrator, trustee, or guardian has charge, care, or control of any property, dwelling unit, or portion thereof. I. “Person” means an individual, public entity, firm, corporation, partnership, limited liability company, trust, association, or any other business entity or juridical person, whether operating on a for-profit or nonprofit basis. J. “Short-term rental” and “vacation rental” are interchangeable for purposes of this chapter and have the same meaning as prescribed in A.R.S. § 9-500.39. K. “Transaction privilege tax license” is the license issued by the state of Arizona pursuant to A.R.S., title 42. L. "Transient" has the same meaning prescribed in A.R.S. § 42-5070. M. “Verified violation” has the same meaning as prescribed in A.R.S. § 9-500.39. 9-14-3 License required; license non-transferable A. It is unlawful for any person to use or offer to use a property as a short-term or vacation rental in the town without first obtaining and maintaining a short- term rental license issued pursuant to this chapter. B. A separate license is required for each short-term rental. C. All licenses issued pursuant to this chapter are non-transferable as to location and as to person. Attempted transfer will void the license and all fees paid will be forfeited. Marana Town Council Regular Meeting April 4, 2023 Page 20 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 3 9-14-4 Application; fees A. The owner of a proposed vacation rental shall submit to the town a license application on a form furnished by the town. The application shall be signed by the applicant and shall contain the following information, which shall be made publicly available: 1. The physical address of the residential property proposed to be used as a vacation rental. 2. The name, address, and telephone number of the owner for which the vacation rental license is to be issued. If the property owner is an entity, the legal name of the entity and its statutory agent. 3. The name, address, and telephone number of each designee of the owner, if any. 4. The full name, address, and 24-hour telephone number of the individual who will serve as the emergency point of contact. 5. Proof of a valid transaction privilege tax license. 6. Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, been convicted of any felony act that resulted in death or serious physical injury, or been convicted of any felony use of a deadly weapon within the past five years. 7. Evidence of liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000, or evidence that each vacation rental transaction will be provided through a platform that provides equal or greater primary liability insurance coverage for the vacation rental. 8. Evidence the vacation rental is registered with county assessor’s office in accordance with A.R.S. § 33-1902. B. Each application shall be accompanied by the applicable fee as set forth in a fee schedule approved by the council and amended from time to time. The license inspector will not process an application until the appli cant has paid the applicable fee. 9-14-5 Issuance of license; term of license A. The town shall issue or deny the license within seven business days after receipt of a complete application. B. The license shall remain in effect for one year, unless sooner suspended by the license inspector. Marana Town Council Regular Meeting April 4, 2023 Page 21 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 4 9-14-6 Maintenance of accurate information All applicants and persons holding licenses issued pursuant to this chapter shall give prior written notice to the license inspector of any change in information submitted in connection with an application for a license or renewal of a license. The notice shall be provided to the license inspector not less than ten days prior to the effective date of the change 9-14-7 License renewal A. Within one year of the issue date for the previously effective license, all licensees under this chapter wishing to remain licensed shall submit the applicable license renewal fee to the license inspector. B. If the renewal fee is submitted more than 15 days after the expiration of the license, the licensee will also be assessed a late license renewal fee as set forth in the fee schedule approved by the council and amended from time to time. C. The license inspector will not renew a license until the licensee has paid all applicable fees. D. The licensee shall also submit proof of continuing compliance with all regulations, if any, of the business being operated, including but not limited to, continued possession of any required certification, permit, or similar documentation. E. No license shall be renewed unless the licensee complies with all provisions of this chapter. 9-14-8 Grounds for denial of license; notice A. The town may deny issuance or renewal of a license for any of the following reasons: 1. The applicant failed to provide the information required under section 9-14-4. 2. The applicant failed to pay the required license fee. 3. The applicant provided false information. 4. The owner or designee of the owner: a. is a registered sex offender; or b. has been convicted of any felony act that resulted in death or serious physical injury; or c. has been convicted of any felony use of a deadly weapon within five years of submitting the application; or d. at the time of application, has a suspended license for the same vacation rental. Marana Town Council Regular Meeting April 4, 2023 Page 22 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 5 B. The license inspector shall give written notice of the denial of an application to the applicant as described in section 9-14-16. 9-14-9 Compliance with laws; prohibited uses A. The operation of a vacation rental shall be in compliance with all federal, state, and local laws, including this chapter. B. The use of a vacation rental property for any of the following uses or purposes is strictly prohibited: 1. Any nonresidential use 2. Holding a special event that requires a permit or license pursuant to a town ordinance or state law or rule 3. Operating a retail business, restaurant, event center, banquet hall or similar use 4. Housing sex offenders 5. Operating or maintaining a sober living home 6. Selling or offering for sale, consideration, or entrance fee, liquor or illegal drugs 7. Commercial display or production of pornography 8. Obscenity as prohibited by A.R.S. title 13, chapter 35 9. Operating or maintaining an adult-oriented business including nude or topless dancing 10. Any other use prohibited by A.R.S. § 9-500.39 or the town code. C. A vacation rental lacking a valid transaction privilege tax license issued by the state of Arizona shall not be rented or offered for rent. D. No person or entity may receive payment or accept a fee, directly or indirectly, for facilitating the rental of a vacation rental operating in violation of this code or other law. E. The failure of any designee to comply with this chapter shall not relieve the owner of liability under this chapter. 9-14-10 Emergency point of contact requirements A. When requested by a police officer in an emergency, the owner or emergency point of contact whose name appears on the license application must be on the vacation rental premises, or be available over the phone or text, within 60 minutes of the request. Marana Town Council Regular Meeting April 4, 2023 Page 23 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 6 B. The owner or emergency point of contact shall respond to all other non-emergency complaints relating to the vacation rental in person, over the phone, by email, or by text within 24 hours of the request. C. All applicants and persons holding licenses issued pursuant to this chapter shall give prior written notice to the license inspector of any change to the contact information provided to the town for the emergency point of contact. The notice shall be provided to the license inspector not less than ten days prior to the effective date of the change. 9-14-11 Neighbor notification requirements A. Prior to offering for rent or renting a short-term rental within the town, the owner or owner’s designee must provide notice in writing that the property will be used as a short-term rental as follows: 1. If the short-term rental is a single-family residential unit, notice shall be provided to the owners or residents of all single-family residential units and lots located (a) adjacent to the lot on which the short-term rental is located, (b) directly across the street from the lot on which the short-term rental is located, and (c) diagonally across the street from the lot on which the short-term rental is located. The requirements of this subsection may be met by providing notice to all owners or residents of single-family residential units and lots located within 200 feet of the property line of the lot on which the short-term rental is located. 2. If the short-term rental is a multi-family residential unit, notice shall be provided to the owners or residents of all residential units located on the same floor of the same building as the short-term rental. B. The neighbor notification shall be provided in writing and shall include, at a minimum, all of the following information: 1. The license number issued by the town 2. The physical address of the vacation rental 3. The name, physical address, email address, and 24-hour telephone number of the emergency point of contact. C. The owner or designee shall provide additional neighbor notification of any change to the information provided under paragraph A of this section not later than five days prior to each change. The additional notification shall be provided in the manner required by paragraph A. D. Prior to offering a vacation rental for rent for the first time, the owner or designee shall provide to the town an attestation of compliance with the neighbor notification required by this section. The attestation shall include, at a minimum, all the following: 1. The license number for the short-term rental. Marana Town Council Regular Meeting April 4, 2023 Page 24 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 7 2. The address of each property notified. 3. A description of the manner in which the owner or owner’s designee provided written notice to each property requiring notification. 4. The name and contact information of the person attesting to compliance. 9-14-12 Advertisement requirements To protect the peace, health, safety, and general welfare of the town’s residents and visitors, the owner or owner’s designee shall be responsible for displaying the license number issued by the town on each advertisement for the vacation rental. 9-14-13 Posting requirements The owner of the vacation rental must display the name, phone number, and email address of the owner, designee, and emergency point of contact in a conspicuous place within five feet of the primary entrance of the vacation rental. 9-14-14 Background check requirements A. No sex offender shall be permitted to rent or occupy the vacation rental. B. The owner or the online lodging marketplace on which the vacation rental is advertised shall conduct a sex offender background check on each guest within 24 hours of every booking. The owner shall demonstrate compliance with this requirement by retaining a full copy of each background check for a minimum of 12 months after the booking date and providing the copy to the town upon a request by a police officer. 9-14-15 Grounds for suspension of license; notice A. The town may initiate an administrative process to suspend a vacation rental license for a period of up to 12 months for any of the following: 1. Three verified violations of this chapter within a 12-month period, not including any verified violation based on an aesthetic, solid waste disposal, or vehicle parking violation that is not also a serious threat to public health and safety. 2. One verified violation that results in or constitutes any of the following: a. A felony offense committed at or in the vicinity of a vacation rental by the owner of the vacation rental or by the owner’s designee. b. A serious physical injury or wrongful death at or related to a vacation rental resulting from the knowing, intentional or reckless conduct of the owner of the vacation rental or the owner’s designee. c. The owner of the vacation rental or the owner’s designee knowingly or intentionally housing a sex offender, allowing offenses related to adult- Marana Town Council Regular Meeting April 4, 2023 Page 25 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 8 oriented businesses, sexual offenses, or prostitution, or operating or maintaining a sober living home. d. The owner of the vacation rental or the owner’s designee knowingly or intentionally allowing the use of a vacation rental for a special event that would otherwise require a permit or license pursuant to the town code or a state law or rule or for a retail, restaurant, banquet space or other similar use. B. If a license is suspended pursuant to this chapter, the short-term rental is prohibited from operating during the suspension period and, if the suspension is for a period beyond the term of the license, then, to operate the short-term rental, the owner will be required to obtain a new license after completion of the suspension period. A person may not apply for a new license for a short- term rental until the suspension period is over. C. The license inspector shall give written notice of a license suspension to the owner as described in section 9-14-16 below. 9-14-16 Notice of license denial or suspension A. If the license inspector determines that grounds exist to deny an initial or renewal vacation rental license or to suspend a vacation rental license, the license inspector shall notify the applicant or owner in writing of the denial or suspension. B. The notice shall include justification for the denial or suspension with references to the statutes, ordinances, codes or substantive policy statements on which the denial or suspension is based. C. The notice shall be either: 1. Personally served upon the applicant or owner, or upon any responsible person at a business address on file with the license inspector; or 2. Mailed by certified mail or other method for which proof of receipt may be obtained by the license inspector to the address of the applicant or owner listed in the current year’s license application or renewal application or to the business address of the applicant or owner. D. The effective date of the notice shall be the date the notice is actually received. E. The notice shall advise the applicant or owner that he or she may submit a written request for an appeal hearing to the license inspector within ten calendar days of receipt of the notice. 9-14-17 Appeals A. If an applicant or owner requests a hearing pursuant to the procedure described in section 9-14-16, the hearing shall be scheduled within 30 calendar days of the license inspector’s receipt of the request, and the applicant or Marana Town Council Regular Meeting April 4, 2023 Page 26 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 9 owner shall receive notice of the date, time and place of the hearing delivered in the manner described in subparagraph 9-14-16(C). 1. The hearing shall be before the town manager or his or her designee to determine whether the license should have been denied, suspended, or denied renewal. 2. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply. B. If applicable, the applicant or owner may take remedial action while awaiting the review hearing, and apply to the license inspector to have the license issued or fully restored. C. The decision of the town manager or designee is final and not subject to any further administrative review. 9-14-18 Civil violations and penalties A. The remedies in this chapter are cumulative and the town may proceed under one or more remedies. B. No person shall operate, offer for rent, rent, occupy, or use a short-term rental in violation of any provision of this chapter or other applicable law, rule, or regulation. C. The owner shall be subject to the suspensions, civil violations, and penalties set forth in this chapter for the owner’s designee’s violation of any provision of this chapter or failure to perform any act or duty required by this chapter. D. Any person who violates a provision of this chapter will be subject to a civil code violation case in accordance with chapter 5-7 of this code. E. In addition to any other penalty pursuant to the town code, and notwithstanding any other law, the town may impose civil penalties of the following amounts against an owner if the owner causes, allows, facilitates, aides, or abets in the commission of a verified violation or fails to perform any act or duty required by this chapter, related to the same vacation rental property within the same 12-month period. If multiple violations arise out of the same response to an incident at a vacation rental, those violations are considered one violation for the purpose of assessing civil penalties. 1. Up to $500 or up to an amount equal to one night’s rent for the vacation rental as advertised, whichever is greater, for the first violation. 2. Up to $1,000 or up to an amount equal to two nights’ rent for the vacation rental as advertised, whichever is greater, for the second violation. 3. Up to $3,500 or up to an amount equal to three nights’ rent for the vacation rental as advertised, whichever is greater, for a third and any subsequent violation. Marana Town Council Regular Meeting April 4, 2023 Page 27 of 138 EXHIBIT A TO MARANA RESOLUTION NO. 2023-029 Amendments to Marana Town Code, Title 9 “Business Regulations” pursuant to Marana Ordinance No. 2023.009 00085328.DOCX /2 10 F. In addition to any other penalty, any property that operates as a vacation rental and fails to apply for a vacation rental license in accordance with this chapter within 30 days of the application process being made available by the town, must cease operations immediately. In addition to any fines imposed pursuant paragraph E above, the town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner’s designee fails to apply for a license within 30 days of receiving written notice from the town of the failure to comply. G. In addition to any other penalty, the town may impose a civil penalty of up to $1,000 for every 30 days the owner fails to provide contact information for an emergency point of contact to the town as required by this chapter. Before imposing the initial civil penalty, the town shall provide 30 days' notice to the owner by emailing a notice of violation to the owner’s email address that was provided to the town. Notwithstanding the date of the notice of violation, the date for calculating the penalties shall be the first day the vacation rental is occupied following the owner’s failure to provide the information to the town. 9-14-19 Judicial relief A. Notwithstanding section 9-14-15, any one attempted or completed felony act arising from the occupancy or use of a vacation rental that results in a death, or actual or attempted serious physical injury, shall be grounds for judicial relief in the form of a suspension of the property's use as a vacation rental for a period that shall not exceed 12 months. B. The town attorney or designee may initiate proceedings in the Marana municipal court or other court of competent jurisdiction to enforce this section. Marana Town Council Regular Meeting April 4, 2023 Page 28 of 138 00085371.DOCX /1 Statutory definitions referred to in Chapter 9-14 “Online lodging marketplace” has the same meaning prescribed in A.R.S. § 42 -5076. "Online lodging marketplace" means a person that provides a digital platform for compensation through which an unaffiliated third party offers to rent lodging accommodations in this state to an occupant, including a transient, as defined in section 42-5070, and the accommodations are not classified for property tax purposes under section 42-12001. For the purposes of this paragraph: (a) "Lodging accommodations" means any space offered to the public for lodging, including any hotel, motel, inn, tourist home or house, dude ranch, resort, campground, studio or bachelor hotel, lodging house, rooming house, residential home, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location in this state or other similar structure or space. (b) "Unaffiliated third party" means a person that is not owned or controlled, directly or indirectly, by the same interests. “Short-term rental” and “vacation rental” are interchangeable for purposes of this chapter and have the same meaning as prescribed in A.R.S. § 9 -500.39. "Vacation rental" or "short-term rental": (a) Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42-12001. (b) Does not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use. "Transient" has the same meaning prescribed in A.R.S. § 42-5070. "transient" means any person who either at the person's own expense or at the expense of another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty consecutive days. “Verified violation” has the same meaning as prescribed in A.R.S. § 9 -500.39. "Verified violation" means a finding of guilt or civil responsibility for violating any state law or local ordinance relating to a purpose prescribed in subsection B or K of this section that has been finally adjudicated. Subsection B: B. A city or town may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A city or town may regulate vacation rentals or short-term rentals as follows: Marana Town Council Regular Meeting April 4, 2023 Page 29 of 138 00085371.DOCX /1 1. To protect the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control and solid or hazardous waste and pollution control, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety. 2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42- 12004. 3. To limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses. 4. To require the owner of a vacation rental or short-term rental to provide the city or town an emergency point of contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. In addition to any other penalty pursuant to this section, the city or town may impose a civil penalty of up to $1,000 against the owner for every thirty days the owner fails to provide contact information as prescribed by this paragraph. The city or town shall provide thirty days' notice to the owner before imposing the initial civil penalty. 5. To require an owner of a vacation rental or short-term rental to obtain and maintain a local regulatory permit or license pursuant to title 9, chapter 7, article 4. As a condition of issuance of a permit or license, the application for the permit or license may require an applicant to provide only the following: (a) Name, address, phone number and email address for the owner or owner's agent. (b) Address of the vacation rental or short-term rental. (c) Proof of compliance with section 42-5005. (d) Contact information required pursuant to paragraph 4 of this subsection. (e) Acknowledgment of an agreement to comply with all applicable laws, regulations and ordinances. (f) A fee not to exceed the actual cost of issuing the permit or license or $250, whichever is less. 6. To require, before offering a vacation rental or short-term rental for rent for the first time, the owner or the owner's designee of a vacation rental or short-term rental to notify all single-family residential properties adjacent to, directly and diagonally across the street from the vacation rental or short-term rental. Notice shall be deemed sufficient in a multifamily residential building if given to residents on the same building floor. A city or town may require additional notification pursuant to this paragraph if the contact information previously provided changes. Notification provided in compliance with this paragraph shall Marana Town Council Regular Meeting April 4, 2023 Page 30 of 138 00085371.DOCX /1 include the permit or license number if required by the city or town, the address, and the information required pursuant to paragraph 4 of this subsection. The owner or the owner's designee shall demonstrate compliance with this paragraph by providing the city or town with an attestation of notification compliance that consists of the following information: (a) The permit or license number of the vacation rental or short-term rental, if required by the city or town. (b) The address of each property notified. (c) A description of the manner in which the owner or owner's designee chose to provide notification to each property subject to notification. (d) The name and contact information of the person attesting to compliance with this paragraph. 7. To require the owner or owner's designee of a vacation rental or short-term rental to display the local regulatory permit number or license number, if any, on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains. A city or town that does not require a local regulatory permit or license may require the owner or owner's designee of a vacation rental or short-term rental to display the transaction privilege tax license required by section 42-5042 on each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains. 8. To require the vacation rental or short-term rental to maintain liability insurance appropriate to cover the vacation rental or short-term rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through an online lodging marketplace that provides equal or greater coverage. Subsection K K. A vacation rental or short-term rental may not be used for nonresidential uses, including for a special event that would otherwise require a permit or license pursuant to a city or town ordinance or a state law or rule or for a retail, restaurant, banquet space or other similar use. Marana Town Council Regular Meeting April 4, 2023 Page 31 of 138 - i - House Engrossed Senate Bill vacation rentals; short-term rentals; enforcement State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 CHAPTER 343 SENATE BILL 1168 AN ACT AMENDING SECTIONS 9-500.39 AND 11-269.17, ARIZONA REVISED STATUTES; REPEALING SECTION 42-1125.02, ARIZONA REVISED STATUTES; AMENDING SECTION 42-5042, ARIZONA REVISED STATUTES; RELATING TO VACATION RENTALS AND SHORT-TERM RENTALS. (TEXT OF BILL BEGINS ON NEXT PAGE) Marana Town Council Regular Meeting April 4, 2023 Page 32 of 138 S.B. 1168 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Section 9-500.39, Arizona Revised Statutes, is amended 2 to read: 3 9-500.39. Limits on regulation of vacation rentals and 4 short-term rentals; state preemption; civil 5 penalties; transaction privilege tax license 6 suspension; definitions 7 A. A city or town may not prohibit vacation rentals or short-term 8 rentals. 9 B. A city or town may not restrict the use of or regulate vacation 10 rentals or short-term rentals based on their classification, use or 11 occupancy except as provided in this section. A city or town may regulate 12 vacation rentals or short-term rentals for the following purposes AS 13 FOLLOWS: 14 1. Protecting TO PROTECT the public's health and safety, including 15 rules and regulations related to fire and building codes, health and 16 sanitation, transportation or traffic control, AND solid or hazardous 17 waste and pollution control, and designation of an emergency point of 18 contact, if the city or town demonstrates that the rule or regulation is 19 for the primary purpose of protecting the public's health and safety. 20 2. Adopting TO ADOPT and enforcing residential ENFORCE use and 21 zoning ordinances, including ordinances related to noise, protection of 22 welfare, property maintenance and other nuisance issues, if the ordinance 23 is applied in the same manner as other property classified under sections 24 42-12003 and 42-12004. 25 3. Limiting TO LIMIT or prohibiting PROHIBIT the use of a vacation 26 rental or short-term rental for the purposes of housing sex offenders, 27 operating or maintaining a sober living home, selling illegal drugs, 28 liquor control or pornography, obscenity, nude or topless dancing and 29 other adult-oriented businesses. 30 4. Requiring TO REQUIRE the owner of a vacation rental or 31 short-term rental to provide the city or town with AN EMERGENCY POINT OF 32 contact information for the owner or the owner's designee who is 33 responsible for responding to complaints OR EMERGENCIES in a timely manner 34 in person IF REQUIRED BY PUBLIC SAFETY PERSONNEL, over the phone or by 35 email at any time of day before offering for rent or renting the vacation 36 rental or short-term rental. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO 37 THIS SECTION, THE CITY OR TOWN MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 38 AGAINST THE OWNER FOR EVERY THIRTY DAYS THE OWNER FAILS TO PROVIDE CONTACT 39 INFORMATION AS PRESCRIBED BY THIS PARAGRAPH. THE CITY OR TOWN SHALL 40 PROVIDE THIRTY DAYS' NOTICE TO THE OWNER BEFORE IMPOSING THE INITIAL CIVIL 41 PENALTY. 42 5. TO REQUIRE AN OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL TO 43 OBTAIN AND MAINTAIN A LOCAL REGULATORY PERMIT OR LICENSE PURSUANT TO TITLE 44 9, CHAPTER 7, ARTICLE 4. AS A CONDITION OF ISSUANCE OF A PERMIT OR 45 Marana Town Council Regular Meeting April 4, 2023 Page 33 of 138 S.B. 1168 - 2 - LICENSE, THE APPLICATION FOR THE PERMIT OR LICENSE MAY ONLY REQUIRE AN 1 APPLICANT TO PROVIDE THE FOLLOWING: 2 (a) NAME, ADDRESS, PHONE NUMBER AND EMAIL ADDRESS FOR THE OWNER OR 3 OWNER’S AGENT. 4 (b) ADDRESS OF THE VACATION RENTAL OR SHORT-TERM RENTAL. 5 (c) PROOF OF COMPLIANCE WITH SECTION 42-5005. 6 (d) CONTACT INFORMATION REQUIRED PURSUANT TO PARAGRAPH 4 OF THIS 7 SUBSECTION. 8 (e) ACKNOWLEDGMENT OF AN AGREEMENT TO COMPLY WITH ALL APPLICABLE 9 LAWS, REGULATIONS AND ORDINANCES. 10 (f) A FEE NOT TO EXCEED THE ACTUAL COST OF ISSUING THE PERMIT OR 11 LICENSE OR $250, WHICHEVER IS LESS. 12 6. TO REQUIRE, BEFORE OFFERING A VACATION RENTAL OR SHORT-TERM 13 RENTAL FOR RENT FOR THE FIRST TIME, THE OWNER OR THE OWNER’S DESIGNEE OF A 14 VACATION RENTAL OR SHORT-TERM RENTAL TO NOTIFY ALL SINGLE-FAMILY 15 RESIDENTIAL PROPERTIES ADJACENT TO, DIRECTLY AND DIAGONALLY ACROSS THE 16 STREET FROM THE VACATION RENTAL OR SHORT-TERM RENTAL. NOTICE SHALL BE 17 DEEMED SUFFICIENT IN A MULTI-FAMILY RESIDENTIAL BUILDING IF GIVEN TO 18 RESIDENTS ON THE SAME BUILDING FLOOR. A CITY OR TOWN MAY REQUIRE 19 ADDITIONAL NOTIFICATION PURSUANT TO THIS PARAGRAPH IF THE CONTACT 20 INFORMATION PREVIOUSLY PROVIDED CHANGES. NOTIFICATION PROVIDED IN 21 COMPLIANCE WITH THIS PARAGRAPH SHALL INCLUDE THE PERMIT OR LICENSE NUMBER 22 IF REQUIRED BY THE CITY OR TOWN, THE ADDRESS, AND THE INFORMATION REQUIRED 23 PURSUANT TO PARAGRAPH 4 OF THIS SUBSECTION. THE OWNER OR THE OWNER’S 24 DESIGNEE SHALL DEMONSTRATE COMPLIANCE WITH THIS PARAGRAPH BY PROVIDING THE 25 CITY OR TOWN WITH AN ATTESTATION OF NOTIFICATION COMPLIANCE THAT CONSISTS 26 OF THE FOLLOWING INFORMATION: 27 (a) THE PERMIT OR LICENSE NUMBER OF THE VACATION RENTAL OR 28 SHORT-TERM RENTAL, IF REQUIRED BY THE CITY OR TOWN. 29 (b) THE ADDRESS OF EACH PROPERTY NOTIFIED. 30 (c) A DESCRIPTION OF THE MANNER IN WHICH THE OWNER OR OWNER’S 31 DESIGNEE CHOSE TO PROVIDE NOTIFICATION TO EACH PROPERTY SUBJECT TO 32 NOTIFICATION. 33 (d) THE NAME AND CONTACT INFORMATION OF THE PERSON ATTESTING TO 34 COMPLIANCE WITH THIS PARAGRAPH. 35 7. TO REQUIRE THE OWNER OR OWNER’S DESIGNEE OF A VACATION RENTAL OR 36 SHORT-TERM RENTAL TO DISPLAY THE LOCAL REGULATORY PERMIT NUMBER OR LICENSE 37 NUMBER, IF ANY, ON EACH ADVERTISEMENT FOR A VACATION RENTAL OR SHORT-TERM 38 RENTAL THAT THE OWNER OR OWNER’S DESIGNEE MAINTAINS. A CITY OR TOWN THAT 39 DOES NOT REQUIRE A LOCAL REGULATORY PERMIT OR LICENSE MAY REQUIRE THE 40 OWNER OR OWNER’S DESIGNEE OF A VACATION RENTAL OR SHORT-TERM RENTAL TO 41 DISPLAY THE TRANSACTION PRIVILEGE TAX LICENSE REQUIRED BY SECTION 42-5042 42 ON EACH ADVERTISEMENT FOR A VACATION RENTAL OR SHORT-TERM RENTAL THAT THE 43 OWNER OR OWNER’S DESIGNEE MAINTAINS. 44 Marana Town Council Regular Meeting April 4, 2023 Page 34 of 138 S.B. 1168 - 3 - 8. TO REQUIRE THE VACATION RENTAL OR SHORT-TERM RENTAL TO MAINTAIN 1 LIABILITY INSURANCE APPROPRIATE TO COVER THE VACATION RENTAL OR SHORT-TERM 2 RENTAL IN THE AGGREGATE OF AT LEAST $500,000 OR TO ADVERTISE AND OFFER 3 EACH VACATION RENTAL OR SHORT-TERM RENTAL THROUGH AN ONLINE LODGING 4 MARKETPLACE THAT PROVIDES EQUAL OR GREATER COVERAGE. 5 C. Within thirty days after a verified violation, a city or town 6 shall notify the department of revenue and the owner of the vacation 7 rental or short-term rental of the verified violation of the city's or 8 town's applicable laws, regulations or ordinances and, if the owner of the 9 vacation rental or short-term rental received the verified violation, 10 whether the city or town imposed a civil penalty on the owner of the 11 vacation rental or short-term rental and the amount of the civil penalty, 12 if assessed. If multiple verified violations arise out of the same 13 response to an incident at a vacation rental or short-term rental, those 14 verified violations are considered one verified violation for the purpose 15 of assessing civil penalties pursuant to section 42-1125.02, subsection B. 16 C. A CITY OR TOWN THAT REQUIRES A LOCAL REGULATORY PERMIT OR 17 LICENSE PURSUANT TO THIS SECTION SHALL ISSUE OR DENY THE PERMIT OR LICENSE 18 WITHIN SEVEN BUSINESS DAYS OF RECEIPT OF THE INFORMATION REQUIRED BY 19 SUBSECTION B, PARAGRAPH 5 OF THIS SECTION AND OTHERWISE IN ACCORDANCE WITH 20 SECTION 9-835, EXCEPT THAT A CITY OR TOWN MAY DENY ISSUANCE OF A PERMIT OR 21 LICENSE ONLY FOR ANY OF THE FOLLOWING: 22 1. FAILURE TO PROVIDE THE INFORMATION REQUIRED BY SUBSECTION B, 23 PARAGRAPH 5, SUBDIVISIONS (a) THROUGH (e) OF THIS SECTION. 24 2. FAILURE TO PAY THE REQUIRED PERMIT OR LICENSE FEE. 25 3. AT THE TIME OF APPLICATION THE OWNER HAS A SUSPENDED PERMIT OR 26 LICENSE FOR THE SAME VACATION RENTAL OR SHORT-TERM RENTAL. 27 4. THE APPLICANT PROVIDES FALSE INFORMATION. 28 5. THE OWNER OR OWNER’S DESIGNEE OF A VACATION RENTAL OR SHORT-TERM 29 RENTAL IS A REGISTERED SEX OFFENDER OR HAS BEEN CONVICTED OF ANY FELONY 30 ACT THAT RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY OR ANY FELONY USE OF 31 A DEADLY WEAPON WITHIN THE PAST FIVE YEARS. 32 D. A CITY OR TOWN THAT REQUIRES A LOCAL REGULATORY PERMIT OR 33 LICENSE PURSUANT TO THIS SECTION SHALL ADOPT AN ORDINANCE TO ALLOW THE 34 CITY OR TOWN TO INITIATE AN ADMINISTRATIVE PROCESS TO SUSPEND A LOCAL 35 REGULATORY PERMIT OR LICENSE FOR A PERIOD OF UP TO TWELVE MONTHS FOR THE 36 FOLLOWING VERIFIED VIOLATIONS ASSOCIATED WITH A PROPERTY: 37 1. THREE VERIFIED VIOLATIONS WITHIN A TWELVE MONTH PERIOD, NOT 38 INCLUDING ANY VERIFIED VIOLATION BASED ON AN AESTHETIC, SOLID WASTE 39 DISPOSAL OR VEHICLE PARKING VIOLATION THAT IS NOT ALSO A SERIOUS THREAT TO 40 PUBLIC HEALTH AND SAFETY. 41 2. ONE VERIFIED VIOLATION THAT RESULTS IN OR CONSTITUTES ANY OF THE 42 FOLLOWING: 43 Marana Town Council Regular Meeting April 4, 2023 Page 35 of 138 S.B. 1168 - 4 - (a) A FELONY OFFENSE COMMITTED AT OR IN THE VICINITY OF A VACATION 1 RENTAL OR SHORT-TERM RENTAL BY THE VACATION RENTAL OR SHORT-TERM RENTAL 2 OWNER OR OWNER’S DESIGNEE. 3 (b) A SERIOUS PHYSICAL INJURY OR WRONGFUL DEATH AT OR RELATED TO A 4 VACATION RENTAL OR SHORT-TERM RENTAL RESULTING FROM THE KNOWING, 5 INTENTIONAL OR RECKLESS CONDUCT OF THE VACATION RENTAL OR SHORT-TERM 6 RENTAL OWNER OR OWNER’S DESIGNEE. 7 (c) AN OWNER OR OWNER’S DESIGNEE KNOWINGLY OR INTENTIONALLY HOUSING 8 A SEX OFFENDER, ALLOWING OFFENSES RELATED TO ADULT-ORIENTED BUSINESSES, 9 SEXUAL OFFENSES OR PROSTITUTION, OR OPERATING OR MAINTAINING A SOBER 10 LIVING HOME, IN VIOLATION OF A REGULATION OR ORDINANCE ADOPTED PURSUANT TO 11 SUBSECTION B, PARAGRAPH 3 OF THIS SECTION. 12 (d) AN OWNER OR OWNER’S DESIGNEE KNOWINGLY OR INTENTIONALLY 13 ALLOWING THE USE OF A VACATION RENTAL OR SHORT-TERM RENTAL FOR A SPECIAL 14 EVENT THAT WOULD OTHERWISE REQUIRE A PERMIT OR LICENSE PURSUANT TO A CITY 15 OR TOWN ORDINANCE OR A STATE LAW OR RULE OR FOR A RETAIL, RESTAURANT, 16 BANQUET SPACE OR OTHER SIMILAR USE. 17 3. NOTWITHSTANDING PARAGRAPHS 1 AND 2 OF THIS SUBSECTION, ANY 18 ATTEMPTED OR COMPLETED FELONY ACT, ARISING FROM THE OCCUPANCY OR USE OF A 19 VACATION RENTAL OR SHORT-TERM RENTAL, THAT RESULTS IN A DEATH, OR ACTUAL 20 OR ATTEMPTED SERIOUS PHYSICAL INJURY, SHALL BE GROUNDS FOR JUDICIAL RELIEF 21 IN THE FORM OF A SUSPENSION OF THE PROPERTY'S USE AS A VACATION RENTAL OR 22 SHORT-TERM RENTAL FOR A PERIOD OF TIME THAT SHALL NOT EXCEED TWELVE 23 MONTHS. 24 E. A CITY OR TOWN THAT REQUIRES SEX OFFENDER BACKGROUND CHECKS ON A 25 VACATION RENTAL OR SHORT-TERM RENTAL GUEST SHALL WAIVE THE REQUIREMENT IF 26 AN ONLINE LODGING MARKETPLACE PERFORMS A SEX OFFENDER BACKGROUND CHECK OF 27 THE BOOKING GUEST. 28 F. NOTWITHSTANDING ANY OTHER LAW, A CITY OR TOWN MAY IMPOSE A CIVIL 29 PENALTY OF THE FOLLOWING AMOUNTS AGAINST AN OWNER OF A VACATION RENTAL OR 30 SHORT-TERM RENTAL IF THE OWNER RECEIVES ONE OR MORE VERIFIED VIOLATIONS 31 RELATED TO THE SAME VACATION RENTAL OR SHORT-TERM RENTAL PROPERTY WITHIN 32 THE SAME TWELVE-MONTH PERIOD: 33 1. UP TO $500 OR UP TO AN AMOUNT EQUAL TO ONE NIGHT'S RENT FOR THE 34 VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS GREATER, 35 FOR THE FIRST VERIFIED VIOLATION. 36 2. UP TO $1,000 OR UP TO AN AMOUNT EQUAL TO TWO NIGHTS' RENT FOR 37 THE VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS 38 GREATER, FOR THE SECOND VERIFIED VIOLATION. 39 3. UP TO $3,500 OR UP TO AN AMOUNT EQUAL TO THREE NIGHTS' RENT FOR 40 THE VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS 41 GREATER, FOR A THIRD AND ANY SUBSEQUENT VERIFIED VIOLATION. 42 G. A VACATION RENTAL OR SHORT-TERM RENTAL THAT FAILS TO APPLY FOR A 43 LOCAL REGULATORY PERMIT OR LICENSE IN ACCORDANCE WITH SUBSECTION B, 44 PARAGRAPH 5 OF THIS SECTION, WITHIN 30 DAYS OF THE LOCAL REGULATORY PERMIT 45 Marana Town Council Regular Meeting April 4, 2023 Page 36 of 138 S.B. 1168 - 5 - OR LICENSE APPLICATION PROCESS BEING MADE AVAILABLE BY THE CITY OR TOWN 1 ISSUING SUCH PERMITS OR LICENSES, MUST CEASE OPERATIONS. IN ADDITION TO 2 ANY FINES IMPOSED PURSUANT TO SUBSECTION F OF THIS SECTION, A CITY OR TOWN 3 MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 PER MONTH AGAINST THE OWNER IF 4 THE OWNER OR OWNER’S DESIGNEE FAILS TO APPLY FOR A REGULATORY PERMIT OR 5 LICENSE WITHIN 30 DAYS AFTER RECEIVING WRITTEN NOTICE OF THE FAILURE TO 6 COMPLY WITH SUBSECTION B, PARAGRAPH 5 OF THIS SECTION. 7 H. IF MULTIPLE VERIFIED VIOLATIONS ARISE OUT OF THE SAME RESPONSE 8 TO AN INCIDENT AT A VACATION RENTAL OR SHORT-TERM RENTAL, THOSE VERIFIED 9 VIOLATIONS ARE CONSIDERED ONE VERIFIED VIOLATION FOR THE PURPOSE OF 10 ASSESSING CIVIL PENALTIES OR SUSPENDING THE REGULATORY PERMIT OR LICENSE 11 OF THE OWNER OR OWNER’S DESIGNEE PURSUANT TO THIS SECTION. 12 D. I. If the owner of a vacation rental or short-term rental has 13 provided contact information to a city or town pursuant to subsection B, 14 paragraph 4 of this section and if the city or town issues a citation for 15 a violation of the city's or town's applicable laws, regulations or 16 ordinances or a state law that occurred on the owner's vacation rental or 17 short-term rental property, the city or town shall make a reasonable 18 attempt to notify the owner or the owner's designee of the citation within 19 seven business days after the citation is issued using the contact 20 information provided pursuant to subsection B, paragraph 4 of this 21 section. If the owner of a vacation rental or short-term rental has not 22 provided contact information pursuant to subsection B, paragraph 4 of this 23 section, the city or town is not required to provide such notice. 24 E. J. This section does not exempt an owner of a residential 25 rental property, as defined in section 33-1901, from maintaining with the 26 assessor of the county in which the property is located information 27 required under title 33, chapter 17, article 1. 28 F. K. A vacation rental or short-term rental may not be used for 29 nonresidential uses, including for a special event that would otherwise 30 require a permit or license pursuant to a city or town ordinance or a 31 state law or rule or for a retail, restaurant, banquet space or other 32 similar use. 33 G. L. For the purposes of this section: 34 1. "ONLINE LODGING MARKETPLACE" HAS THE SAME MEANING PRESCRIBED IN 35 SECTION 42-5076. 36 1. 2. "Transient" has the same meaning prescribed in section 37 42-5070. 38 2. 3. "Vacation rental" or "short-term rental": 39 (a) Means any individually or collectively owned single-family or 40 one-to-four-family house or dwelling unit or any unit or group of units in 41 a condominium, OR cooperative or timeshare, that is also a transient 42 public lodging establishment or owner-occupied residential home offered 43 for transient use if the accommodations are not classified for property 44 taxation under section 42-12001. Vacation rental and short-term rental do 45 Marana Town Council Regular Meeting April 4, 2023 Page 37 of 138 S.B. 1168 - 6 - (b) DOES not include a unit that is used for any nonresidential 1 use, including retail, restaurant, banquet space, event center or another 2 similar use. 3 3. 4. "Verified violation" means a finding of guilt or civil 4 responsibility for violating any state law or local ordinance relating to 5 a purpose prescribed in subsection B or F K of this section that has been 6 finally adjudicated. 7 Sec. 2. Section 11-269.17, Arizona Revised Statutes, is amended to 8 read: 9 11-269.17. Limits on regulation of vacation rentals and 10 short-term rentals; state preemption; civil 11 penalties; transaction privilege tax license 12 suspension; definitions 13 A. A county may not prohibit vacation rentals or short-term 14 rentals. 15 B. A county may not restrict the use of or regulate vacation 16 rentals or short-term rentals based on their classification, use or 17 occupancy except as provided in this section. A county may regulate 18 vacation rentals or short-term rentals for the following purposes WITHIN 19 THE UNINCORPORATED AREAS OF THE COUNTY AS FOLLOWS: 20 1. Protecting TO PROTECT the public's health and safety, including 21 rules and regulations related to fire and building codes, health and 22 sanitation, transportation or traffic control, AND solid or hazardous 23 waste and pollution control, and designation of an emergency point of 24 contact, if the county demonstrates that the rule or regulation is for the 25 primary purpose of protecting the public's health and safety. 26 2. Adopting TO ADOPT and enforcing residential ENFORCE use and 27 zoning ordinances, including ordinances related to noise, protection of 28 welfare, property maintenance and other nuisance issues, if the ordinance 29 is applied in the same manner as other property classified under sections 30 42-12003 and 42-12004. 31 3. Limiting TO LIMIT or prohibiting PROHIBIT the use of a vacation 32 rental or short-term rental for the purposes of housing sex offenders, 33 operating or maintaining a sober living home, selling illegal drugs, 34 liquor control or pornography, obscenity, nude or topless dancing and 35 other adult-oriented businesses. 36 4. Requiring TO REQUIRE the owner of a vacation rental or 37 short-term rental to provide the county with contact information for the 38 owner or the owner's designee who is responsible for responding to 39 complaints OR EMERGENCIES in a timely manner in person IF REQUIRED BY 40 PUBLIC SAFETY PERSONNEL, over the phone or by email at any time of day 41 before offering for rent or renting the vacation rental or short-term 42 rental. IN ADDITION TO ANY OTHER PENALTY PURSUANT TO THIS SECTION, THE 43 COUNTY MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 AGAINST THE OWNER FOR 44 EVERY THIRTY DAYS THE OWNER FAILS TO PROVIDE CONTACT INFORMATION AS 45 Marana Town Council Regular Meeting April 4, 2023 Page 38 of 138 S.B. 1168 - 7 - PRESCRIBED BY THIS PARAGRAPH. THE COUNTY SHALL PROVIDE THIRTY DAYS' 1 NOTICE TO THE OWNER BEFORE IMPOSING THE INITIAL CIVIL PENALTY. 2 5. TO REQUIRE AN OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL TO 3 OBTAIN AND MAINTAIN A LOCAL REGULATORY PERMIT OR LICENSE. AS A CONDITION 4 OF ISSUANCE OF A PERMIT OR LICENSE, THE APPLICATION FOR THE PERMIT OR 5 LICENSE MAY ONLY REQUIRE AN APPLICANT TO PROVIDE THE FOLLOWING: 6 (a) NAME, ADDRESS, PHONE NUMBER AND EMAIL ADDRESS FOR THE OWNER OR 7 OWNER’S AGENT. 8 (b) ADDRESS OF THE VACATION RENTAL OR SHORT-TERM RENTAL. 9 (c) PROOF OF COMPLIANCE WITH SECTION 42-5005. 10 (d) CONTACT INFORMATION REQUIRED PURSUANT TO PARAGRAPH 4 OF THIS 11 SUBSECTION. 12 (e) ACKNOWLEDGMENT OF AN AGREEMENT TO COMPLY WITH ALL APPLICABLE 13 LAWS, REGULATIONS AND ORDINANCES. 14 (f) A FEE NOT TO EXCEED THE ACTUAL COST OF ISSUING THE PERMIT OR 15 LICENSE OR $250, WHICHEVER IS LESS. 16 6. TO REQUIRE, BEFORE OFFERING A VACATION RENTAL OR SHORT-TERM 17 RENTAL FOR RENT FOR THE FIRST TIME, THE OWNER OR THE OWNER’S DESIGNEE OF A 18 VACATION RENTAL OR SHORT-TERM RENTAL TO NOTIFY ALL SINGLE-FAMILY 19 RESIDENTIAL PROPERTIES ADJACENT TO, DIRECTLY AND DIAGONALLY ACROSS THE 20 STREET FROM THE VACATION RENTAL OR SHORT-TERM RENTAL. NOTICE SHALL BE 21 DEEMED SUFFICIENT IN A MULTI-FAMILY RESIDENTIAL BUILDING IF GIVEN TO 22 RESIDENTS ON THE SAME BUILDING FLOOR. A COUNTY MAY REQUIRE ADDITIONAL 23 NOTIFICATION PURSUANT TO THIS PARAGRAPH IF THE CONTACT INFORMATION 24 PREVIOUSLY PROVIDED CHANGES. NOTIFICATION PROVIDED IN COMPLIANCE WITH 25 THIS PARAGRAPH SHALL INCLUDE THE PERMIT OR LICENSE NUMBER IF REQUIRED BY 26 THE COUNTY, THE ADDRESS, AND THE INFORMATION REQUIRED PURSUANT TO 27 PARAGRAPH 4 OF THIS SUBSECTION. THE OWNER OR THE OWNER’S DESIGNEE SHALL 28 DEMONSTRATE COMPLIANCE WITH THIS PARAGRAPH BY PROVIDING THE COUNTY WITH AN 29 ATTESTATION OF NOTIFICATION COMPLIANCE THAT CONSISTS OF THE FOLLOWING 30 INFORMATION: 31 (a) THE PERMIT OR LICENSE NUMBER OF THE VACATION RENTAL OR 32 SHORT-TERM RENTAL, IF REQUIRED BY THE COUNTY. 33 (b) THE ADDRESS OF EACH PROPERTY NOTIFIED. 34 (c) A DESCRIPTION OF THE MANNER IN WHICH THE OWNER OR OWNER’S 35 DESIGNEE CHOSE TO PROVIDE NOTIFICATION TO EACH PROPERTY SUBJECT TO 36 NOTIFICATION. 37 (d) THE NAME AND CONTACT INFORMATION OF THE PERSON ATTESTING TO 38 COMPLIANCE WITH THIS PARAGRAPH. 39 7. TO REQUIRE THE OWNER OR OWNER’S DESIGNEE OF A VACATION RENTAL OR 40 SHORT-TERM RENTAL TO DISPLAY THE LOCAL REGULATORY PERMIT NUMBER OR LICENSE 41 NUMBER, IF ANY, ON EACH ADVERTISEMENT FOR A VACATION RENTAL OR SHORT-TERM 42 RENTAL THAT THE OWNER OR OWNER’S DESIGNEE MAINTAINS. A COUNTY THAT DOES 43 NOT REQUIRE A LOCAL REGULATORY PERMIT OR LICENSE MAY REQUIRE THE OWNER OR 44 OWNER’S DESIGNEE OF A VACATION RENTAL OR SHORT-TERM RENTAL TO DISPLAY THE 45 Marana Town Council Regular Meeting April 4, 2023 Page 39 of 138 S.B. 1168 - 8 - TRANSACTION PRIVILEGE TAX LICENSE REQUIRED BY SECTION 42-5042 ON EACH 1 ADVERTISEMENT FOR A VACATION RENTAL OR SHORT-TERM RENTAL THAT THE OWNER OR 2 OWNER’S DESIGNEE MAINTAINS. 3 8. TO REQUIRE THE VACATION RENTAL OR SHORT-TERM RENTAL TO MAINTAIN 4 LIABILITY INSURANCE APPROPRIATE TO COVER THE VACATION RENTAL OR SHORT-TERM 5 RENTAL IN THE AGGREGATE OF AT LEAST $500,000 OR TO ADVERTISE AND OFFER 6 EACH VACATION RENTAL OR SHORT-TERM RENTAL THROUGH AN ONLINE LODGING 7 MARKETPLACE THAT PROVIDES EQUAL OR GREATER COVERAGE. 8 C. Within thirty days after a verified violation, a county shall 9 notify the department of revenue and the owner of the vacation rental or 10 short-term rental of the verified violation of the county's applicable 11 laws, regulations or ordinances and, if the property owner received the 12 verified violation, whether the county imposed a civil penalty on the 13 owner of the vacation rental or short-term rental and the amount of the 14 civil penalty, if assessed. If multiple verified violations arise out of 15 the same response to an incident at a vacation rental or short-term 16 rental, those verified violations are considered one verified violation 17 for the purpose of assessing civil penalties pursuant to section 18 42-1125.02, subsection B. 19 C. A COUNTY THAT REQUIRES A LOCAL REGULATORY PERMIT OR LICENSE 20 PURSUANT TO THIS SECTION SHALL ISSUE OR DENY THE PERMIT OR LICENSE WITHIN 21 SEVEN BUSINESS DAYS OF RECEIPT OF THE INFORMATION REQUIRED BY SUBSECTION 22 B, PARAGRAPH 5 OF THIS SECTION AND OTHERWISE IN ACCORDANCE WITH SECTION 23 11-1602, EXCEPT THAT A COUNTY MAY DENY ISSUANCE OF A PERMIT OR LICENSE 24 ONLY FOR ANY OF THE FOLLOWING: 25 1. FAILURE TO PROVIDE THE INFORMATION REQUIRED BY SUBSECTION B, 26 PARAGRAPH 5, SUBDIVISIONS (a) THROUGH (e) OF THIS SECTION. 27 2. FAILURE TO PAY THE REQUIRED PERMIT OR LICENSE FEE. 28 3. AT THE TIME OF APPLICATION THE OWNER HAS A SUSPENDED PERMIT OR 29 LICENSE FOR THE SAME VACATION RENTAL OR SHORT-TERM RENTAL. 30 4. THE APPLICANT PROVIDES FALSE INFORMATION. 31 5. THE OWNER OR OWNER'S DESIGNEE OF A VACATION RENTAL OR SHORT-TERM 32 RENTAL IS A REGISTERED SEX OFFENDER OR HAS BEEN CONVICTED OF ANY FELONY 33 ACT THAT RESULTS IN DEATH OR SERIOUS PHYSICAL INJURY OR ANY FELONY USE OF 34 A DEADLY WEAPON WITHIN THE PAST FIVE YEARS. 35 D. A COUNTY THAT REQUIRES A LOCAL REGULATORY PERMIT OR LICENSE 36 PURSUANT TO THIS SECTION SHALL ADOPT AN ORDINANCE TO ALLOW THE COUNTY TO 37 INITIATE AN ADMINISTRATIVE PROCESS TO SUSPEND A LOCAL REGULATORY PERMIT OR 38 LICENSE FOR A PERIOD OF UP TO TWELVE MONTHS FOR THE FOLLOWING VERIFIED 39 VIOLATIONS ASSOCIATED WITH A PROPERTY: 40 1. THREE VERIFIED VIOLATIONS WITHIN A TWELVE MONTH PERIOD, NOT 41 INCLUDING ANY VERIFIED VIOLATION BASED ON AN AESTHETIC, SOLID WASTE 42 DISPOSAL OR VEHICLE PARKING VIOLATION THAT IS NOT ALSO A SERIOUS THREAT TO 43 PUBLIC HEALTH OR SAFETY. 44 Marana Town Council Regular Meeting April 4, 2023 Page 40 of 138 S.B. 1168 - 9 - 2. ONE VERIFIED VIOLATION THAT RESULTS IN OR CONSTITUTES ANY OF THE 1 FOLLOWING: 2 (a) A FELONY OFFENSE COMMITTED AT OR IN THE VICINITY OF A VACATION 3 RENTAL OR SHORT-TERM RENTAL BY THE VACATION RENTAL OR SHORT-TERM RENTAL 4 OWNER OR OWNER’S DESIGNEE. 5 (b) A SERIOUS PHYSICAL INJURY OR WRONGFUL DEATH AT OR RELATED TO A 6 VACATION RENTAL OR SHORT-TERM RENTAL RESULTING FROM THE KNOWING, 7 INTENTIONAL OR RECKLESS CONDUCT OF THE VACATION RENTAL OR SHORT-TERM 8 RENTAL OWNER OR OWNER’S DESIGNEE. 9 (c) AN OWNER OR OWNER’S DESIGNEE KNOWINGLY OR INTENTIONALLY HOUSING 10 A SEX OFFENDER, ALLOWING OFFENSES RELATED TO ADULT-ORIENTED BUSINESSES, 11 SEXUAL OFFENSES OR PROSTITUTION, OR OPERATING OR MAINTAINING A SOBER 12 LIVING HOME, IN VIOLATION OF REGULATION OR ORDINANCE ADOPTED PURSUANT TO 13 SUBSECTION B, PARAGRAPH 3 OF THIS SECTION. 14 (d) AN OWNER OR OWNER’S DESIGNEE KNOWINGLY OR INTENTIONALLY 15 ALLOWING THE USE OF A VACATION RENTAL OR SHORT-TERM RENTAL FOR A SPECIAL 16 EVENT THAT WOULD OTHERWISE REQUIRE A PERMIT OR LICENSE PURSUANT TO A 17 COUNTY OR A STATE LAW OR RULE OR FOR A RETAIL, RESTAURANT, BANQUET SPACE 18 OR OTHER SIMILAR USE. 19 3. NOTWITHSTANDING PARAGRAPHS 1 AND 2 OF THIS SUBSECTION, ANY 20 ATTEMPTED OR COMPLETED FELONY ACT, ARISING FROM THE OCCUPANCY OR USE OF A 21 VACATION RENTAL OR SHORT-TERM RENTAL, THAT RESULTS IN A DEATH, OR ACTUAL 22 OR ATTEMPTED SERIOUS PHYSICAL INJURY, SHALL BE GROUNDS FOR JUDICIAL RELIEF 23 IN THE FORM OF A SUSPENSION OF THE PROPERTY'S USE AS A VACATION RENTAL OR 24 SHORT-TERM RENTAL FOR A PERIOD OF TIME THAT SHALL NOT EXCEED TWELVE 25 MONTHS. 26 E. A COUNTY THAT REQUIRES SEX OFFENDER BACKGROUND CHECKS ON A 27 VACATION RENTAL OR SHORT-TERM RENTAL GUEST SHALL WAIVE THE REQUIREMENT IF 28 AN ONLINE LODGING MARKETPLACE PERFORMS A SEX OFFENDER BACKGROUND CHECK OF 29 THE BOOKING GUEST. 30 F. NOTWITHSTANDING ANY OTHER LAW, A COUNTY MAY IMPOSE A CIVIL 31 PENALTY OF THE FOLLOWING AMOUNTS AGAINST AN OWNER OF A VACATION RENTAL OR 32 SHORT-TERM RENTAL IF THE OWNER RECEIVES ONE OR MORE VERIFIED VIOLATIONS 33 RELATED TO THE SAME VACATION RENTAL OR SHORT-TERM RENTAL PROPERTY WITHIN 34 THE SAME TWELVE-MONTH PERIOD: 35 1. UP TO $500 OR UP TO AN AMOUNT EQUAL TO ONE NIGHT'S RENT FOR THE 36 VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS GREATER, 37 FOR THE FIRST VERIFIED VIOLATION. 38 2. UP TO $1,000 OR UP TO AN AMOUNT EQUAL TO TWO NIGHTS' RENT FOR 39 THE VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS 40 GREATER, FOR THE SECOND VERIFIED VIOLATION. 41 3. UP TO $3,500 OR UP TO AN AMOUNT EQUAL TO THREE NIGHTS' RENT FOR 42 THE VACATION RENTAL OR SHORT-TERM RENTAL AS ADVERTISED, WHICHEVER IS 43 GREATER, FOR A THIRD AND ANY SUBSEQUENT VERIFIED VIOLATION. 44 Marana Town Council Regular Meeting April 4, 2023 Page 41 of 138 S.B. 1168 - 10 - G. A VACATION RENTAL OR SHORT-TERM RENTAL THAT FAILS TO APPLY FOR A 1 LOCAL REGULATORY PERMIT OR LICENSE IN ACCORDANCE WITH SUBSECTION B, 2 PARAGRAPH 5 OF THIS SECTION, WITHIN 30 DAYS OF THE LOCAL REGULATORY PERMIT 3 OR LICENSE APPLICATION PROCESS BEING MADE AVAILABLE BY THE COUNTY ISSUING 4 SUCH PERMITS OR LICENSES, MUST CEASE OPERATIONS. IN ADDITION TO ANY FINES 5 IMPOSED PURSUANT TO SUBSECTION F OF THIS SECTION, A COUNTY MAY IMPOSE A 6 CIVIL PENALTY OF UP TO $1,000 PER MONTH AGAINST THE OWNER IF THE OWNER OR 7 OWNER’S DESIGNEE FAILS TO APPLY FOR A REGULATORY PERMIT OR LICENSE WITHIN 8 30 DAYS AFTER RECEIVING WRITTEN NOTICE OF THE FAILURE TO COMPLY WITH 9 SUBSECTION B, PARAGRAPH 5 OF THIS SECTION. 10 H. IF MULTIPLE VERIFIED VIOLATIONS ARISE OUT OF THE SAME RESPONSE 11 TO AN INCIDENT AT A VACATION RENTAL OR SHORT-TERM RENTAL, THOSE VERIFIED 12 VIOLATIONS ARE CONSIDERED ONE VERIFIED VIOLATION FOR THE PURPOSE OF 13 ASSESSING CIVIL PENALTIES OR SUSPENDING THE REGULATORY PERMIT OR LICENSE 14 OF THE OWNER OR OWNER'S DESIGNEE PURSUANT TO THIS SECTION. 15 D. I. If the owner of a vacation rental or short-term rental has 16 provided contact information to a county pursuant to subsection B, 17 paragraph 4 of this section and if the county issues a citation for a 18 violation of the county's applicable laws, regulations or ordinances or a 19 state law that occurred on the owner's vacation rental or short-term 20 rental property, the county shall make a reasonable attempt to notify the 21 owner or the owner's designee of the citation within seven business days 22 after the citation is issued using the contact information provided 23 pursuant to subsection B, paragraph 4 of this section. If the owner of a 24 vacation rental or short-term rental has not provided contact information 25 pursuant to subsection B, paragraph 4 of this section, the county is not 26 required to provide such notice. 27 E. J. This section does not exempt an owner of a residential 28 rental property, as defined in section 33-1901, from maintaining with the 29 assessor of the county in which the property is located information 30 required under title 33, chapter 17, article 1. 31 F. K. A vacation rental or short-term rental may not be used for 32 nonresidential uses, including for a special event that would otherwise 33 require a permit or license pursuant to a county ordinance or a state law 34 or rule or for a retail, restaurant, banquet space or other similar use. 35 G. L. For the purposes of this section: 36 1. "ONLINE LODGING MARKETPLACE" HAS THE SAME MEANING PRESCRIBED IN 37 SECTION 42-5076. 38 1. 2. "Transient" has the same meaning prescribed in section 39 42-5070. 40 2. 3. "Vacation rental" or "short-term rental": 41 (a) Means any individually or collectively owned single-family or 42 one-to-four-family house or dwelling unit or any unit or group of units in 43 a condominium, OR cooperative or timeshare, that is also a transient 44 public lodging establishment or owner-occupied residential home offered 45 Marana Town Council Regular Meeting April 4, 2023 Page 42 of 138 S.B. 1168 - 11 - for transient use if the accommodations are not classified for property 1 taxation under section 42-12001. Vacation rental and short-term rental do 2 (b) DOES not include a unit that is used for any nonresidential 3 use, including retail, restaurant, banquet space, event center or another 4 similar use. 5 3. 4. "Verified violation" means a finding of guilt or civil 6 responsibility for violating any state law or local ordinance relating to 7 a purpose prescribed in subsection B or F K of this section that has been 8 finally adjudicated. 9 Sec. 3. Repeal 10 Section 42-1125.02, Arizona Revised Statutes, is repealed. 11 Sec. 4. Section 42-5042, Arizona Revised Statutes, is amended to 12 read: 13 42-5042. Online lodging operators; requirements; civil 14 penalty; definitions 15 A. An online lodging operator may not offer for rent or rent a 16 lodging accommodation without a current transaction privilege tax license. 17 The online lodging operator shall list the transaction privilege tax 18 license number on each advertisement for each lodging accommodation the 19 online lodging operator maintains, including online lodging marketplace 20 postings. AN ONLINE LODGING OPERATOR THAT FAILS TO COMPLY WITH THIS 21 SUBSECTION SHALL PAY A CIVIL PENALTY OF $250 FOR A FIRST OFFENSE AND 22 $1,000 FOR A SECOND OR ANY SUBSEQUENT OFFENSE. 23 B. For the purposes of this section: 24 1. "Lodging accommodation" has the same meaning prescribed in 25 section 42-5076. 26 2. "Online lodging marketplace" has the same meaning prescribed in 27 section 42-5076. 28 3. "Online lodging operator" has the same meaning prescribed in 29 section 42-5076 and includes an owner of a vacation rental or short-term 30 rental, as defined in section 9-500.39 or 11-269.17, that is not offered 31 through an online lodging marketplace. 32 4. "VACATION RENTAL" AND "SHORT-TERM RENTAL" HAVE THE SAME MEANINGS 33 PRESCRIBED IN SECTION 9-500.39 OR 11-269.17. 34 5. "VERIFIED VIOLATION" HAS THE SAME MEANING PRESCRIBED IN SECTION 35 9-500.39 OR 11-269.17. 36 APPROVED BY THE GOVERNOR JULY 6, 2022. FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 6, 2022. Marana Town Council Regular Meeting April 4, 2023 Page 43 of 138      Council-Regular Meeting   C2        Meeting Date:04/04/2023   To:Mayor and Council From:Jane Fairall, Town Attorney Date:April 4, 2023 Strategic Plan Focus Area: Vibrant Community,  Proactive Public Services Subject:Ordinance No. 2023.010: Relating to Finance; amending the Town of Marana comprehensive fee schedule by adding fees for business licenses for short-term and vacation rentals; and designating an effective date (Jane Fairall) Discussion: At the Council's March 21, 2023 meeting, staff made a presentation regarding a proposed new ordinance regulating the business of short-term and vacation rentals. As a part of that presentation, staff discussed a proposed amendment to the comprehensive fee schedule to add a fee for the vacation or short-term rental license in the amount of $60 for the initial license, and $40 for an annual renewal. The Town's current fee for regular business licenses is $50 for the initial license and $40 for an annual renewal; however, the Town is proposing to change the initial business license fee to $60 for FY 2024 as part of the annual comprehensive fee schedule update. At the March 21st meeting, Council directed staff to bring the short-term/vacation rental ordinance as well as the fee schedule amendment back to Council for adoption. This item would amend the fee schedule to add the noted fees. The Town Code revisions regarding short-term and vacation rentals are on tonight's agenda as a separate item. Financial Impact: The revenue generated from the short-term/vacation rental license fee is not expected to have a material impact on the general fund. Marana Town Council Regular Meeting April 4, 2023 Page 44 of 138 Staff Recommendation: Staff recommends approval of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2023.010, amending the Town of Marana comprehensive fee schedule by adding fees for business licenses for short-term and vacation rentals. Attachments Ordinance No. 2023.010 Marana Town Council Regular Meeting April 4, 2023 Page 45 of 138 00087243.DOCX /1 Ordinance No. 2023.010 - 1 - MARANA ORDINANCE NO. 2023.010 RELATING TO FINANCE; AMENDING THE TOWN OF MARANA COMPREHENSIVE FEE SCHEDULE BY ADDING FEES FOR BUSINESS LICENSES FOR SHORT-TERM AND VACATION RENTALS; AND DESIGNATING AN EFFECTIVE DATE 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, via Ordinance No. 2021.008, adopted an amended comprehensive fee schedule on May 18, 2021, which was made a public record by and attached as Exhibit A to Resolution No. 2021-071; and; and WHEREAS from time to time the Town Council has adopted amendments to the comprehensive fee schedule, most recently on October 18, 2022, via Ordinance No. 2022.023; and WHEREAS amending the comprehensive fee schedule as set forth in this ordinance is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town of Marana comprehensive fee schedule adopted via Ordinance No. 2021.008, as previously amended, is hereby amended by adding the following fees (only added fees are shown; all other fees remain unchanged): Fee/Description Amount Unit of Measure Notes GENERAL SERVICES: LICENSING Business License; Short- Term/Vacation Rental; Initial Fee $60.00 Per License $40.00 refundable if license application is denied Business License; Short- Term/Vacation Rental; Renewal Fee $40.00 Per Year Non-refundable 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. Marana Town Council Regular Meeting April 4, 2023 Page 46 of 138 00087243.DOCX /1 Ordinance No. 2023.010 - 2 - SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. This ordinance shall become effective on the 31st day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 47 of 138      Council-Regular Meeting   C3        Meeting Date:04/04/2023   To:Mayor and Council Submitted For:Steven Cheslak, Principal Planner From:Brian Varney, Senior Planner Date:April 4, 2023 Strategic Plan Focus Area: Not Applicable Subject:Resolution No. 2023-030: Relating to Development; approving the final plat for Linda Vista Village North, Village IV (Lots 1-70), Village V (Lots 1-58) and Common Areas “A”, “D”, “E”, “F”, “G”, and “H” located on the north side of Linda Vista Boulevard, 0.1 miles east of Twin Peaks Road (Steve Cheslak) Discussion: Request Presidio Engineering, representing Red Point Development, is requesting approval of the final plat for Linda Vista Village North. The proposed final plat includes 128 residential lots and Common Areas 'A', 'D', 'E', 'F', 'G', and 'H'. Location The proposed final plat is located on the north side of Linda Vista Boulevard, 0.1 miles east of Twin Peaks Road. Zoning The Town Council adopted Marana Ordinance No. 2006.23 on December 5, 2006 approving the Cascada Specific Plan. The Town Council subsequently adopted Marana Ordinance 2016.001 on January 19, 2016, approving the Linda Vista Village at Cascada Specific Plan. Village V and the western portion of Village IV, including lots 14-17, as well as the associated common area and right-of-way of the proposed plat are located within the zoning established by the Cascada Specific Plan. The remaining majority of Marana Town Council Regular Meeting April 4, 2023 Page 48 of 138 Village IV, including the associated common area and right-of-way, is located within the zoning established by the Linda Vista Village at Cascada Specific Plan. Land Use The proposed 48.66 acre final plat intends, within Villages IV and V, a total of 128 lots, and six distinct common areas designations. Both Village IV and V have the same Employment Center land use designation from the respective specific plan zoning and are proposed to be developed as Medium Density Residential (Linda Vista Village at Cascada Specific Plan) and High Density Residential (Cascada Specific Plan). The minimum lot size proposed within this plat is 4,576 square feet. The maximum lot size proposed is 9,321 square feet and the average lot size is 4,600 square feet. A maximum building height of 28 feet and 40 feet, per the respective specific plan zoning, is allowed within the Villages. All single-family residential development will comply with the Town's Residential Design Standards except as indicated within the Linda Vista Village at Cascada Specific Plan and Cascada Specific Plan. Access and Traffic Circulation Access is proposed from Linda Vista Boulevard and Calle Bilboa. Approximately 1.1 miles of new public streets are proposed. The entry spine road, Camino Benicardo, will be constructed as a divided roadway and will be signalized at its intersection with Linda Vista Boulevard. Utilities The subdivision will be served by Marana Water. The property owners will be responsible for constructing all on-site and off-site water infrastructure needed to serve potable water and fire protection for the project. Sewer service will be provided by Pima County Wastewater. Northwest Fire District, Tucson Electric Power, and Southwest Gas will provide their respective services. Staff Recommendation: Staff has reviewed the proposed amended final plat against the requirements of the Cascada Specific Plan as well as the Linda Vista Village at Cascada Specific Plan, the Marana Town Code, and the Marana General Plan. The final plat is in substantial conformance with all required development regulations, and staff recommends approval. Suggested Motion: I move to adopt Resolution No. 2023-030 approving the final plat for Linda Vista Village North, Village IV (Lots 1-70), Village V (Lots 1-58) and Common Areas “A”, “D”, “E”, “F”, “G”, and “H”. Attachments Resolution No. 2023-030 Final Plat Marana Town Council Regular Meeting April 4, 2023 Page 49 of 138 Location Map Application Marana Town Council Regular Meeting April 4, 2023 Page 50 of 138 Marana Resolution No. 2023-030 - 1 - MARANA RESOLUTION NO. 2023-030 RELATING TO DEVELOPMENT; APPROVING THE FINAL PLAT FOR LINDA VISTA VILLAGE NORTH, VILLAGE IV (LOTS 1-70), VILLAGE V (LOTS 1-58) AND COMMON AREAS “A”, “D”, “E” , “F”, “G” AND “H”, LOCATED ON THE NORTH SIDE OF LINDA VISTA BOULEVARD, 0.1 MILE EAST OF TWIN PEAKS ROAD WHEREAS, on December 5, 2006, the Mayor and Town Council adopted Ordinance No. 2006.23, approving a rezoning of approximately 1,454 acres to create t he Cascada Specific Plan; and WHEREAS, on January 6, 2009, the Mayor and Town Council adopted Resolution No. 2009-001, approving the Final Plat for Cascada, Village I (Lots 1-430), Blocks I-XVIII, “A”, “B”, “C”, “D” and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, and “I”, recorded in the Pima County Recorder’s office on January 23, 2009 at Book 64 of Maps and Plats, Page 35 (Sequence 20090150376) (the “Original Cascada Plat”); and WHEREAS, on January 19, 2016, the Mayor and Town Council adopted Ordinance 2016.001, approving a rezoning of 155 acres to create the Linda Vista Village at Cascada Specific Plan; and WHEREAS, on September 4, 2018, the Mayor and Town Council adopted Resolution No. 2018-079, approving the Preliminary Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS, on September 15, 2020, the Mayor and Town Council adopted Resolution No. 2020-099, approving the Final Plat for Linda Vista Village at Cascada, Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS on November 16, 2021, the Mayor and Town Council adopted Resolution No. 2021-143, approving the Amended Final Plat for Linda Vista Village at Cascada Village I (Lots 1-39), Village II (Lots 1-93), Village III (Lots 1-131), Blocks I-VII, and Common Areas “A”, “B”, “C”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS Presidio Engineering, on behalf of the landowner, has applied for approval of the final plat for Linda Vista Village North, Village IV (Lots 1-70), Village V (Lots 1-58) and Common Areas “A”, “D”, “E”, “F”, “G”, and “H”; and WHEREAS the Mayor and Town Council, at its April 4, 2023 meeting, determined that the final plat for Linda Vista Village North should be approved. Marana Town Council Regular Meeting April 4, 2023 Page 51 of 138 Marana Resolution No. 2023-030 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the final plat for Linda Vista Village North is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 52 of 138 BASIS OF BEARING BASIS OF ELEVATION DEDICATION 1 CERTIFICATION ASSURED WATER SUPPLY APPROVAL: RECORDING ASSURANCES ACKNOWLEDGEMENT FOR TRUST #3773 BENEFICIARY OF TRUST #3773 ADMINISTRATIVE ADDRESS: LOCATION MAP THIS PLAT (VILLAGE IV & V) SHEET INDEX LEGEND ABBREVIATION 18 PARCEL A SEQ. NO. 20220420098 BENEFICIARY OF TRUST #3772 GENERAL NOTES ACKNOWLEDGEMENT FOR TRUST #3772 Marana Town Council Regular Meeting April 4, 2023 Page 53 of 138 14 15 16 17 18 19 20 21 22 23 24 25 26 27 13 12 11 10 9 8 7 6 5 4 3 2 1 57 56 66 65 64 62 61 60 59 58 50 49 43 42 41 40 28 31 32 33 34 35 36 37 38 39 29 30 55 54 53 52 51 44 45 46 47 48 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20212223 24 25 26 27 28 36 34 35 41 42 43 44 45 46 47 48 4950515253 54 58 29 30 31 32 33 37383940 55 56 57 21 12345678910 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2 18 Marana Town Council Regular Meeting April 4, 2023 Page 54 of 138 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 23 24 25 26 27 28 2930 31 32 33 34 35 36 37383940 55 56 57 58 54 53 52 51 50 49 48 47 46 45 44 43 42 41 14 15 16 17 18 19 20 21 22 23 24 25 26 27 123 45678910111213 28 29 30 31 70 69 68 67 57 56 55 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 63 62 61 60 59 58 66 65 64 32 33 34 35 36 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TABLE NUMBER BEARING DISTANCE 7 18 Marana Town Council Regular Meeting April 4, 2023 Page 59 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 8 18 Marana Town Council Regular Meeting April 4, 2023 Page 60 of 138 RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE 9 18 Marana Town Council Regular Meeting April 4, 2023 Page 61 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 10 18 Marana Town Council Regular Meeting April 4, 2023 Page 62 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 11 18 Marana Town Council Regular Meeting April 4, 2023 Page 63 of 138 CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 1812 Marana Town Council Regular Meeting April 4, 2023 Page 64 of 138 RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE EASEMENT / RIGHT-OF-WAY KEYNOTES 1813 Marana Town Council Regular Meeting April 4, 2023 Page 65 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 14 18 Marana Town Council Regular Meeting April 4, 2023 Page 66 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 15 18 Marana Town Council Regular Meeting April 4, 2023 Page 67 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE 16 18 Marana Town Council Regular Meeting April 4, 2023 Page 68 of 138 EASEMENT / RIGHT-OF-WAY KEYNOTES RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA RIGHT-OF-WAY LINE DATA TABLE NUMBER BEARING DISTANCE CENTERLINE CURVE DATA TABLE NUMBER LENGTH RADIUS DELTA 1817 Marana Town Council Regular Meeting April 4, 2023 Page 69 of 138 FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FLOODPLAIN LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE FEMA FLOOD ZONE LINE DATA TABLE NUMBER BEARING DISTANCE 1818 Marana Town Council Regular Meeting April 4, 2023 Page 70 of 138 © Latitude Geographics Group Ltd. 0.6 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.6 Notes PRV2210-001 Linda Vista Village North Final Plat Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.280 1:18,056 Location MapTown of Marana Planning Marana Town Limits Parcel Labels Parcels (Black) Marana Town Council Regular Meeting April 4, 2023 Page 71 of 138 Development Services /maranaplanning@maranaAZ.gov 11555 West Civic Center Drive / Marana, AZ 85653 Ph (520) 382-2600 / Fax (520) 382-2641 / maranaAZ.gov PROJECT APPLICATION APPLICATION TYPE ‰Annexation ‰Development Plan ‰Development Plan Package ‰General Plan Amendment ‰Rezone ‰Minor Land Division ‰Significant Land Use Change ‰Conditional Use Permit ‰Specific Plan ‰Landscape Plan ‰Native Plant Plan/Exception ‰SWPP ‰Variance ‰Hydraulic Model ‰Sewer Capacity Assurance ‰Sign Program ‰Plat ‰Improvement Plan ‰Report (Type): ______________‰Other: ___________________ PROJECT INFORMATION Project Name: Description of Project:Number of Lots: Parcel No.(s):Gross Area (Acres): Project Address: Ref. Project No.: CONTACT INFORMATION Owner:Contact Name: Address:City:State:Zip: Email:Phone No.: Applicant:Contact Name: Address:City:State:Zip: Email:Phone No.: Consultant/Engineer:Contact Name: Address:City:State:Zip: Email:Phone No.: OWNER/APPLICANT AUTHORIZATION I hereby certify that the information set forth in this application are true and correct to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If applicant is not the owner, attach written authorization from the owner.) Applicant Name (PRINT)Signature Date FOR OFFICIAL USE ONLY Project No.______________________Date Received____________________Revision Date 03/29/2019 Linda Vista Village North, Village I Lots 1-39, Village IV Lots 1-70, Village V Lots 1 - 58 Single Family Detached Residential 167 See attached list 54.05+/- 6093 W. Linda Vista Blvd. PRV2110-005, PRV2108-001, PCM2110-002 See attached Brian Frazier 280 E. Pilot Road, Suite #200 Las Vegas NV 89119 HCHO@AH4R.com (702) 847-7842 AMH Dev, LLC c/o Presidio Engineering Tanya Washington/Brian Frazier 190 S. Straford Dr. #105 Tucson AZ 85716 tanya@presidioengineering.com (520) 795-7255 Presidio Engineering, Inc. Tanya Washington 190 S. Stratford Dr. #105 Tucson AZ 85716 tanya@presidioengineering.com (520) 795-7255 Brian Frazier Brian Frazier Digitally signed by Brian Frazier DN: C=US, E=gfrazier@ah4r.com, O=AMH Development, OU=Tucson, CN=Brian Frazier Reason: I am approving this document Contact Info: gfrazier@ah4r.com Date: 2022.10.04 16:33:15-07'00' Marana Town Council Regular Meeting April 4, 2023 Page 72 of 138 Project Name: Linda Vista Village North Property Owner: Stewart Title and Trust of Tucson Trust Nos. 3772 and 3773 ATTN: Teresa Ives 3939 E. Broadway Blvd. Tucson, AZ 85711 (520) 327-7373 Tax Parcel Nos. 216-45-5360 216-45-5430 216-45-5470 216-45-5480 216-45-5500 216-45-5680 216-45-5540 216-45-6230 216-45-6250 216-45-6260 216-45-6270 Marana Town Council Regular Meeting April 4, 2023 Page 73 of 138      Council-Regular Meeting   C4        Meeting Date:04/04/2023   To:Mayor and Council From:Curry C. Hale, Human Resources Director Date:April 4, 2023 Strategic Plan Focus Area: Proactive Public Services Subject:Resolution No. 2023-031: Relating to Personnel; approving the establishment of the Arizona State Retirement Supplemental Salary Deferral 457 Plan administered by Nationwide Retirement Solutions (Curry C. Hale) Discussion: The Town of Marana conducted a plan analysis of our Deferred Compensation Plan (457(b) Plan) with MissionSquare (formerly ICMA-RC) and found that we had an opportunity to significantly lower fees for employees and increase customer service by partnering with a different 457(b) plan/vendor.  In choosing another vendor for our 457(b) plan, the Town reviewed fees, investment options and customer service.  Additionally, the Town considered new legislation that passed in 2022 which mandates that any employee of an ASRS employer will have the opportunity to voluntarily participate in any deferred compensation plan offered by ASRS, so long as the employee meets the eligibility requirements for the plan.  More recently, additional legislation was recently passed in 2023 that mandates that members of PSPRS can elect to join the PSPRS deferred compensation plan and members of ASRS can elect to join the ASRS deferred compensation Plan.  The Town plans to implement both of these plans through Nationwide Retirement Solutions as our only deferred compensation plans for Town employees to voluntarily participate based on your current retirement plan eligibility (PSPRS or ASRS).         On January 17th the Mayor and Council approved Resolution No. 2023-006, authorizing Town staff to send 60-day notice of termination to MissionSquare Retirement (formerly ICMA-RC) and to begin the transition process to ASRS and PSPRS deferred compensation plans through Nationwide Retirement Solutions.  TheMarana Town Council Regular Meeting April 4, 2023 Page 74 of 138 PSPRS deferred compensation plans through Nationwide Retirement Solutions.  The transition process is expected to take 60-70 days (June 2023) to complete before enrollments, contributions, and account balances can be transferred from MissionSquare to Nationwide. Staff Recommendation: Staff recommends approval of the 457(b) Deferred Compensation Plan transition to Nationwide Retirement Solutions.    Suggested Motion: I move to adopt Resolution No. 2023-031, approving the establishment of the Arizona State Retirement Supplemental Salary Deferral 457 Plan Administered by Nationwide Retirement Solutions. Attachments Resolution No. 2023-031 Exhibit A to Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 75 of 138 - 1 - Resolution No. 2023-031 MARANA RESOLUTION NO. 2023-031 RELATING TO PERSONNEL; APPROVING THE ESTABLISHMENT OF THE ARI- ZONA STATE RETIREMENT SUPPLEMENTAL SALARY DEFERRAL 457 PLAN AD- MINISTERED BY NATIONWIDE RETIREMENT SOLUTIONS WHEREAS on November 15, 1994, the Town Council adopted Resolution No. 94- 34 adopting the deferred compensation plan and appointing ICMA Retirement Corpora- tion, now known as MissionSquare, to serve as administrator of the plan; and WHEREAS effective September 29, 2021, the Arizona Legislature passed Senate Bill 1348, Consolidation of State Deferred Compensation Plans, amending A.R.S. § 38- 781; and WHEREAS the amended A.R.S. § 38-781 mandates that as of July 1, 2022, any em- ployee of an Arizona State Retirement System (hereinafter “ASRS”) employer will have the opportunity to voluntarily participate in any deferred compensation plan offered by ASRS; and WHEREAS Nationwide Retirement Solutions (hereinafter “Nationwide”) has partnered with ASRS to offer the Supplemental Salary Deferral (SSDP) 457 Plan, which can be offered to all benefit-eligible employees, including employees covered by the Pub- lic Safety Personnel Retirement System; and WHEREAS because A.R.S. § 38-781 mandates that any employee of an ASRS em- ployer will have the opportunity to voluntarily participate in any deferred compensation plan offered by ASRS, the Town must offer the SSDP 457 Plan administered by Nation- wide as an option for employees; and WHEREAS upon reviewing both MissionSquare and Nationwide, Town staff de- termined that the SSDP 457 plan administered by Nationwide is financially advantageous to employees and, therefore, Town staff sought to terminate our agreement with Mis- sionSquare and transition to Nationwide effective March 25, 2023; and WHEREAS in order to terminate our agreement with MissionSquare, Town staff was required to send a 60-day notice of termination to MissionSquare; and WHEREAS on January 17, 2023, via Resolution 2023-006, the Town Council au- thorized Town staff to send 60-day notice of termination of 457 deferred compensation Marana Town Council Regular Meeting April 4, 2023 Page 76 of 138 - 2 - Resolution No. 2023-031 plan to MissionSquare and to begin the transition process to the Nationwide SSDP 457 plan; and WHEREAS the Town desires to establish a supplemental defined contribution plan for all of its eligible officer and employees to be administered by ASRS under Article 2, Chapter 5, Title 38 of the Arizona Revised Statutes; and WHEREAS the Town Council finds that transitioning to the ASRS SSDP 457 Plan administered by Nationwide is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The Town hereby adopts the Supplemental Salary Deferral Plan established by ASRS pursuant to A.R.S. § 38-781, attached hereto as Exhibit A, for officers and em- ployees of the Town who are eligible for participation in the Arizona State Retirement Supplemental Salary Deferral 457 Plan. SECTION 2. The Town Manager is designated as the Authorized Agent of the Town and directed as the representative of the Town to conduct all negotiations, conclude all ar- rangements and modifications of agreements which may be necessary to carry out the intent of the Agreement in conformity with all applicable federal and state laws, ru les and regulations. SECTION 3. The Town Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms of this Reso- lution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 77 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 78 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 79 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 80 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 81 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 82 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 83 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 84 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 85 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 86 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 87 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 88 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 89 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 90 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 91 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 92 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 93 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 94 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 95 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 96 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 97 of 138 Exhibit A to Marana Resolution No. 2023-031 Marana Town Council Regular Meeting April 4, 2023 Page 98 of 138      Council-Regular Meeting   C5        Meeting Date:04/04/2023   To:Mayor and Council From:David L. Udall, Town Clerk/Assistant Town Attorney Date:April 4, 2023 Subject:Approval of Special Council Meeting/Retreat Summary Minutes of March 13 - 15, 2023, and of Regular Council Meeting Summary Minutes of March 21, 2023 (David L. Udall) Attachments Special Council Meeting / Retreat Summary Minutes, 03/13-15/2023 Regular Council Meeting Summary Minutes, 3/21/2023 Marana Town Council Regular Meeting April 4, 2023 Page 99 of 138 DRAFT 1 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 MARANA TOWN COUNCIL SPECIAL COUNCIL MEETING/ RETREAT Wigwam Resort, 300 E. Wigwam Blvd., Litchfield Park, AZ 85340 March 13-15, 2023 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 SPECIAL COUNCIL MEETING/RETREAT SUMMARY MINUTES [Each item on the agenda was subject to presentation, discussion, and possible direction from Council. All agendized times in the left column are approximates only. Actual times are included in the body of the minutes.] Monday, March 13, 2023 Travel to The Wigwam Resort - Council and Staff on their own 3:00PM - 3:30PM Welcome and Retreat Overview Mayor Honea called the meeting to order at 3:00 PM and directed the Town Clerk to call the roll. Council Member Kai was absent when the meeting began, but was present thereafter, beginning at 3:43 PM. All other Council Members were present, constituting a quorum. Town staff present at the meeting included the following: Marana Town Council Regular Meeting April 4, 2023 Page 100 of 138 DRAFT 2 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 • Present for all three days: Town Manager Terry Rozema, Deputy Town Manager Erik Montague, Assistant to the Town Manager Andrea Caicedo, Town Attorney Jane Fairall, Town Clerk/Assistant Town Attorney David Udall, Public Works Director/Acting Town Engineer Fausto Burruel, Deputy Public Works Director Jennifer Flood, Development Services Director Jason Angell, and Water Director Jing Luo. • Present for the first two days: Finance Director Yiannis Kalaitzidis. • Present for the afternoon of Wednesday, March 14, 2023: Economic Development Director Curt Woody. Town Manager Terry Rozema welcomed everyone to the meeting and provided a brief overview of topics. He welcomed thoughts, feedback, and direction from Council. 3:30PM - 5:00PM Capital Improvement Program: Presentation and discussion of Draft Town of Marana Five-Year Capital Improvement Program for Fiscal Years 2024 through 2028 Presentation by: Fausto Burruel, Jennifer Flood & Jing Luo Public Works Director/Acting Town Engineer Fausto Burruel, Deputy Public Works Director Jennifer Flood, and Water Director Jing Luo presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the slides for more detail and to view images, tables, charges, graphs, and other visual information. Town staff answered clarifying questions during the presentation. To view listed projects, please see the presentation slides. A summary of the Council's discussion on this topic is as follows: Regarding the Twin Peaks Road, Rattlesnake Pass Widening project, which involves widening the road into a four-lane road and signalizing an intersection, Council Member Craig said the Coalition for Sonoran Desert Protection's newsletter indicated the Coalition was raising funds for a wildlife bridge. Mr. Rozema stated he had not heard that, and it was his understanding that the Regional Transportation Authority (RTA) would be utilizing Arizona Department of Game and Fish funding to complete a design of the bridge. Mr. Burruel, Deputy Public Works Director Jennifer Flood, and Water Director Jing Luo showed several funding schedule tables outlining various airport, transportation, facilities, park, and water/wastewater improvement projects, Marana Town Council Regular Meeting April 4, 2023 Page 101 of 138 DRAFT 3 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 general fund projects, and other projects. To view the project tables, please see the presentation slides. Regarding the Airport Tower project, Council Member Ziegler asked when the project would be completed. Mr. Rozema said the Town is hoping for completion by December 2024. Mr. Burruel explained the five-year deadline imposed by the Federal Aviation Administration (FAA) to complete the tower as part of the federal funding requirements, and said the Town has had and would continue to have discussions with the FAA regarding the deadline. He said the Town received its approval letter December of 2019, shortly before the COVID-19 pandemic, and that there have been considerable roadblocks that have delayed the project. He explained the FAA does not have an extension mechanism and does not take COVID-19 into account. Under the FAA's current stance, it does not appear possible to complete the project in 2024, but Town staff is attempting to work with the FAA regarding this. Mayor Honea asked if the Town would lose all federal funding for the project if not completed on time, and Mr. Burruel said they have not received a clear answer on that yet from the FAA. Mayor Honea said he would be really upset if the Town lost funding, and that the Town has been working to get this tower for ten years. [Council Member Kai joined the meeting.] Mr. Rozema said the FAA has been slow getting back to the Town. Mayor Honea said there are some political options available, such as working through senators or legislators that are up for re-election, and that quick action was needed. Council Member Ziegler said the tower has been advertised and that individuals with aircraft are looking forward to the tower being at the airport. She said this was a safety issue and requested Mayor Honea to immediately put pressure on those who could influence this project. Council Member Kai agreed. Mayor Honea said this should not be put on the backburner and that he would do everything he could. Council Member Ziegler asked if the Town had money involved, and Mr. Burruel said it does, but not much. Council Members Comerford and Ziegler expressed the Council's support for Mr. Burruel and his team on this issue. Regarding the Marana Municipal Complex Landscape Improvements project, Mayor Honea requested that zeroscaping not be considered by staff until it comes before the Council for consideration. Mr. Rozema highlighted Parks and Recreation Director Jim Conroy's concern at removing all grass at the Municipal Complex because it would impact Town special events and noted the increased Marana Town Council Regular Meeting April 4, 2023 Page 102 of 138 DRAFT 4 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 heat generated by zeroscape landscaping. He said Mr. Conroy would look into the amount of zeroscaping and that Town staff would bring his recommendations before Council. Council Member Craig said the Municipal Complex need not be completely zeroscaped, and that artificial turf could be employed instead of grass. Regarding the Mandarina Community Park project, Ms. Flood explained the Town and developer were in conversations regarding whether the Town or the developer would install a park in the detention basin. Mayor Honea and Council Member Ziegler expressed their understanding that the developer was required to build the park and that the Town would reimburse the developer through impact fees. Town Attorney Jane Fairall explained that nothing in the development agreement addressed the park because the parties at the time the agreement was negotiated did not contemplate such a park and did not until after the basin was completed. She said the park was put in the infrastructure improvement plan (IIP) because the Town thought it would be a good project and that there will likely be a development agreement amendment at some point that comes before Council regarding the park. Mayor Honea expressed his desire for the developer to build the park. Mr. Rozema said that had been the nature of the discussion thus far with the developer, but that the developer expressed it will not construct the park until it actually receives funding from impact fees, which would be many years down the road. Council Member Craig asked if the park would be required to be a public park. Ms. Fairall explained that part of the development agreement required the developer to dedicate the detention basin to the Town. Regarding the Avra Valley Road Overlay project, Mr. Burruel explained this project involved overlaying the micromill conducted to address a pressing safety concern. Deputy Town Manager Erik Montague explained that now that the safety issue was addressed, this project would improve the quality of the stretch of road that was micromilled. Mayor Honea asked whether revenues from tipping fees collected from the landfill could be used to help fund this project. Mr. Montague said they could be used for any public purpose and confirmed they could help fund the project. Mayor Honea recommended using the tipping fees for this project. Discussion ensued regarding the amount of money currently in the tipping fee fund, the timing and structure of the transaction to pay for the project, and the need to prevent unnecessary delay. Mr. Rozema said Finance Director Yiannis Kalaitzidis would do some research and get back with Council. Marana Town Council Regular Meeting April 4, 2023 Page 103 of 138 DRAFT 5 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Vice Mayor Post expressed concern that the Town was allowing contractors to do a bad job on the road only to have to redo it with Town money. Mr. Burruel said Ms. Fairall informed him that it came down to whether the Town could prove who or what caused the slickness of that stretch of Avra Valley road and that the Town would probably spend more time and money figuring out who did what than if it went ahead and fixed it. Regarding the Marana Gateway Monument Signage project, Council Member Ziegler commented that she would like to see consistent branding across the Town with regard to monumentation. She also commented that the tiled monument off of Interstate 10 coming into Marana from Phoenix was good for its time, but that the Town needed updated monuments. Council Member Comerford suggested the Town's monument signs incorporate the ability to advertise Town events and other information. Mr. Rozema said one of the challenges is that many of the interchanges will be changing soon. Council Member Comerford said it was a good time to discuss monuments now so they are all consistent. Regarding the Water Reclamation Facility Phase 2 Expansion project, Dr. Luo explained this project needed to be prioritized because the Town is running out of assigned (but not actual) capacity, and that upgrades to the facility were required to provide more assigned capacity to serve future development. Mayor Honea emphasized the Town is not out of actual capacity and explained the concept is similar to water credits. He said he anticipates high costs for the water/wastewater projects. Council Member Craig commented that developers would need to wait until the projects can be paid for. [Council Member Officer left the meeting at 5:31 PM.] Mr. Rozema provided concluding comments, and said this day was meant to be an introduction. He then highlighted the topics to be covered over the next two days. Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Motion passed, 6-0. Meetin adjourned at 5:34 PM until the morning of Tuesday, March 14, 2023. Dinner - Council and Staff on their own Marana Town Council Regular Meeting April 4, 2023 Page 104 of 138 DRAFT 6 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Tuesday, March 14, 2023 7:30AM - 8:30AM Breakfast at Hotel Mayor Honea reconvened the meeting at 8:30 AM and led meeting attendees in the pledge of allegiance. He then took chairman's privilege and provided an update on SB 1117 (related to zoning), which failed in the Arizona Senate but could return as a striker bill. Mayor Honea directed the Town Clerk to call the roll. All Council Members were present, constituting a quorum. Mr. Rozema provided a brief overview of the day's topics, which centered around sustainable growth. 8:30AM - 12:00PM Funding Growth: Discussion of revenue streams available for infrastructure; impact fees - their purpose and challenges; timing challenges related to funding; and related topics Presentation by: Yiannis Kalaitzidis & Jane Fairall Mr. Kalaitzidis first addressed the tipping fees question posed the day before and said the Town would likely have approximately $800,000.00 in available funding. He then presented on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Kalaitzidis said the Town is one of the fastest growing municipalities in Arizona and that it is well positioned. He posed the following question about the Town's growth philosophy: does the Town want aggressive growth or controlled/sustainable growth? He outlined the issues as follows: o Aggressive Growth: • Issue debt to do projects • Less money to pay as you go projects • General fund exposure for shortfalls • Operational issues • Difficult decisions in the future o Controlled/Sustainable Growth Marana Town Council Regular Meeting April 4, 2023 Page 105 of 138 DRAFT 7 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 • Prioritize growth projects and areas • Some growth projects deferred • Fewer favorable developer agreements • Fewer developments • Stop being the bank for developers Mr. Kalaitzidis outlined the available and potential sources of funding for the Town, financing challenges, the Town's history of financing successful projects, and the pros and cons of debt. Mr. Kalaitzidis and Town staff answered clarifying questions during the presentation. Please see the presentation slides for more detailed information. A summary of Council's discussion regarding this topic is as follows: Regarding community facilities districts (CFDs), Council Member Ziegler said it can be confusing to inform residents that the Town does not have a property tax, except for in certain areas where a CFD is established. Mayor Honea agreed that technically the Town does not have a property tax, but kind of does only in specific areas where the Town has CFDs established. Council Member Kai explained the history of early Town property taxes to fund operations. Council Member Comerford said the Town could get rid of CFDs as an option because they primarily benefit developers rather than Marana homeowners. She said the original reasons for CFDs no longer exist. Council Member Ziegler said CFDs were utilized to incentivize developers to come to Marana in the past and asked whether the Town needed CFDs anymore. Mayor Honea recommended CFDs should not be taken off the table, but that the Town should be cautious going forward regarding when it creates a CFD. He said that, while he is not in favor of eliminating them completely, the Town can be more assertive in ensuring any new CFD benefits the Town and not just the developer. Council Member Officer agreed, and said that when developers come to the Town asking for one, the Town should have an idea of what it is going to ask of them. Regarding RICO money, Council Member Ziegler asked whether funding from the seizure of contraband could be utilized more as a funding source. Mr. Rozema explained that the contraband usually sits for years as evidence before funds come to the police. Council Member Ziegler commented on the infrastructure bill and asked if the Town was getting any funding from it. Mr. Rozema said that funding is distributed through grants, and the Town is looking for opportunities to apply and has applied for an approximately $5 million grant. Mr. Rozema complimented the Town's new Marana Town Council Regular Meeting April 4, 2023 Page 106 of 138 DRAFT 8 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 grant manager. Council Member Ziegler said there is a lot of money out there that could be collected. Regarding the Town's debt-per-capita ratio, Council Member Zigler said it was good to see a reduction in the ratio from ten years ago. Mr. Rozema said the residents of the Town are willing to pay for a higher standard of service and that the ratio would continue to decrease as Marana's population grows. Mayor Honea said that while the Town has a higher debt-per-capita ratio than its neighboring jurisdictions, its residents also have a higher average income. Council Member Craig asked if it was advisable for a municipality to have a certain amount of debt on its books, and whether other jurisdictions were wrong to have lower debt-per-capita rations. Mr. Kalaitzidis said it depends on the needs of each municipality. Mr. Rozema said Tucson and Oro Valley, for example, are mostly built out and do not need a lot of new infrastructure, which is more costly than maintaining existing infrastructure. He highlighted the need for the Town to determine what its mindset will be regarding growth, noting that it was cheaper to build next to existing infrastructure than to extend it really far out for development. Regarding the Town's growth philosophy, Council Member Ziegler commented that the desire has always been to have sustainable growth, but that the Town has been more aggressive because growth was current. She said some residents are nervous the Town is getting too aggressive. She said she understands the philosophy that if a municipality is not growing, it is dying, but she expressed concern about the aggressive rate of growth recently. She recommended being more selective and asked how the Town could say no to development. Ms. Fairall explained that, generally, if a development meets the Town's zoning requirements, it can develop, but that the Council has discretion when property is rezoned or during annexation proceedings. Mayor Honea agreed that the Town is big enough now that it can be more selective. Council Member Kai commented that the Town should be more aggressive in its commercial growth, because that is where the money is and it will benefit the Town in the long term. Council Member Comerford said the Town does not even need to be aggressive in commercial growth because commercial development is coming to the Town on its own now. Council Member Ziegler said it is good for the Town to have another basket of eggs (commercial development) when housing development is slow and Mayor Honea said commercial projects are and will be paying impact fees and that the Town will make up a lot of debt service from commercial development. Marana Town Council Regular Meeting April 4, 2023 Page 107 of 138 DRAFT 9 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Council Member Ziegler said that while she previously liked the idea of the Town paying for certain infrastructure to attract development, she is now in favor of developers paying for their own development. Vice Mayor Post said that going forward, the Town needed to find a way to ensure net-zero communities, in which, over time, the development and maintenance of communities would cost the Town zero dollars - such as by coming up with calculations addressing how much the developer, the Town, and the homeowner are paying toward infrastructure and Town services. He also recommended the Town require all new development to have private, not public, streets to save the Town money on road maintenance. Council Member Craig said it was good for the Town to grow from the inside out and that the Town should consider recovering more of its water that is currently not recovered through the Town’s sewer system. She also commented that if the Town grows from the center out, it should not be growing and extending water infrastructure along Tangerine Road to the east of Interstate 10. Mayor Honea said redundancy was needed in the Town's water system. Vice Mayor Post recommended the Town structure some of its development agreement terms differently to discourage developers from sitting on a project, and recommended as an example that developers be required to pay a percentage of a project's cost rather than a fixed amount. Council Member Ziegler recommended that development agreements include sunset clauses, and asked if the Town could update its existing development agreements. Ms. Fairall said the Town could not do so unilaterally, but that the Town could try and renegotiate them when developers request amendments. Council Member Comerford said sunset clauses would prevent problems that can occur as times change and said that the property could revert back to its original zoning if a developer delays moving on a project after a number of years. Vice Mayor Post said he was not in favor of sunsetting zoning, but instead to have sunset clauses in development agreements that would allow for the renegotiation of the agreement. Council Members Comerford and Ziegler agreed. Ms. Fairall said the Town could not alter zoning entitlements unilaterally without running into Proposition 207 issues. Vice Mayor Post expressed concerns with the practice of allowing specific plans, and referenced the Amazon facility as an example. Council Member Craig commented that centralizing high-density restaurants, retail, and commercial uses in mixed use zoning should be encouraged, and asked Marana Town Council Regular Meeting April 4, 2023 Page 108 of 138 DRAFT 10 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 what we need to do to change zoning laws to allow for more mixed use. Development Services Director Jason Angell and Ms. Fairall said that mixed-use zoning is currently allowed in Marana's downtown area. Mayor Honea recessed the meeting for an approximately ten-minute break around 10:25 AM and then reconvened the meeting. Ms. Fairall presented on the impact fee portion of this item. A copy of the presentation slides is on file with the Town Clerk's Office. Ms. Fairall discussed the purpose of impact fees, the relevant statute and its 2011 changes implemented in 2014, the recent Arizona Supreme Court case in the ongoing Southern Arizona Home Builders Association (SAHBA) litigation, the challenges associated with impact fees, what the Town could do if it didn't utilize impact fees, and the pros and cons of such an approach. Ms. Fairall and other Town staff answered clarifying questions during the presentation. For further information, please see the presentation slides. A summary of Council's discussion regarding this topic is as follows: Vice Mayor Post asked if a negotiated development agreement could get around certain statutory impact fee requirements, and Ms. Fairall said it could not. However, she said the Town could decide what to put in the IIP, and said that is where the decision point is for the Council. Mr. Rozema said the risk on the other end (if a project is not in the IIP) is that the Town becomes reliant on developers to pay for certain infrastructure and that often developers do not pay for it or take a long time to do so. Vice Mayor Post recommended that the Town review its impact fees on a more regular basis, and Council Member Ziegler agreed. Vice Mayor Post asked if the Town could choose which areas are subject to impact fees and which are not, and Ms. Fairall said the Town is already doing that. Mayor Honea expressed his displeasure at being sued over impact fees and commented that perhaps the Town is not charging enough in impact fees. He said the Town should utilize more impact fees that the Town is entitled to utilize. He also expressed concern that the Town would be sued more over impact fees. Ms. Fairall explained the SAHBA lawsuit involved a unique issue due to the nature of the wastewater treatment plant benefiting both new and existing development, and that other impact fees do not involve the same issue. She said the Town would also be taking the Supreme Court's recent decision into account for future impact Marana Town Council Regular Meeting April 4, 2023 Page 109 of 138 DRAFT 11 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 fee calculations and said she feels very comfortable with the impact fees recently calculated. Vice Mayor Post asked why the Town couldn't have just one impact fee zone for roads like park impact fees. He said this would allow the Town to have the flexibility to move funds from transportation impact fees around where needed. Mr. Montague explained that it would be ideal for the Town, but SAHBA has taken the position that roads should be in different zones because people should not have to pay for roads they never drive on. Ms. Fairall agreed. Council Member Craig asked what happened when the Town received money from outside of its impact fee program that impacts a project listed within the IIP. Mr. Montague explained that if that happens during the impact fee review process period, the Town can update the impact fee calculations prior to adoption and, if it does not happen during the impact fee review period, the Town can amend the IIP. Ms. Fairall said that is part of the challenge with impact fees – it is difficult to incorporate possible outside factors and unknowns into the calculations. Mayor Honea asked if impact fees could be used for items other than infrastructure, and specifically asked if they could be used for police-related funding. Ms. Fairall said impact fees could be used to fund police equipment. Council Members, including Vice Mayor Post, Mayor Honea, and Council Member Ziegler, expressed support for looking into assessing police-related impact fees. Mr. Montague said the Town has looked into general government impact fees in the past, but didn't pursue it at the time. He said Town staff could take a look at utilizing impact fees for police. Mr. Rozema said that Tucson has impact fees dedicated toward the police and that Sahuarita does not utilize impact fees at all but instead relies on a half-cent sales tax. He also mentioned Marana's impact fees are the highest in southern Arizona, but that Gilbert and Queen Creek - two quickly growing communities - also have high impact fees and serve as a good comparison for the Town. He further explained the Town's impact fees were high because of the need for new infrastructure required to support new development. Ms. Fairall said the impact fee discussion has a lot to do with the Town's own self- determination - how, when, and where the Town grows. She said it depends on how the Town's elected official wants to control the Town's growth. Vice Mayor Post commented that the Town does not need to grow - that it is financially solvent and it could stop growing now. He said the Town wants to grow, and to ensure success in that regard, the Town needs to assess appropriate impact fees. Marana Town Council Regular Meeting April 4, 2023 Page 110 of 138 DRAFT 12 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Vice Mayor Post said that as a long-time resident of the Town, growth is great, but he and other current residents do not want to pay for it. He commented that if developers want to build here, that is fine, but they need to pay for it. Council Member Ziegler commented that the Town is now at a point where it can more fully implement a development-pays-for-itself policy. Council Member Craig commented she now realizes the critical nature of the decision-making process involving which projects should be added into an IIP. Mayor Honea recessed the meeting for lunch at 11:49 AM. 12:00PM - 1:00PM Lunch at Hotel Mayor Honea reconvened the meeting at 12:36 PM. All Council Members were present, constituting a quorum. Mr. Rozema provided a brief overview of the next portion of the meeting and commented that the topics thus far have been building on each other and that the building would continue this afternoon. He thanked Town staff for all of the work put into the next presentations. 1:00PM - 5:00PM Planning for Sustainable Growth: How do we want to grow (invest) in the future? Infrastructure planning for growth; service costs and how services are paid; infrastructure maintenance and replacement; and related topics Presentation by: Erik Montague & Jason Angell Mr. Angell presented first on this item. A copy of the presentation slides is on file with the Town Clerk's Office. Mr. Angell discussed the Town's Strategic Plan 5 and general plan related to the Town's growth, highlighted how the Town is not small anymore and needs to consider the maintenance of its assets, discussed the costs of development, demonstrated how all areas in the Town (and in the region) are either built out or spoken for and that regional development is now focused on north Marana west of Interstate 10, and discussed how these facts put the Town in the driver's seat related to development. Economic Development Director Curt Woody also presented on this item and outlined opportunities for commercial and industrial development, along with related water and wastewater infrastructure challenges, east of Interstate 10 just Marana Town Council Regular Meeting April 4, 2023 Page 111 of 138 DRAFT 13 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 south of Tangerine Road, including opportunities and challenges involving State Trust Land. During the presentations, Town staff answered clarifying questions. Please see the presentation slides, which include maps and other detailed information. Council's discussion on this topic is summarized as follows: Mayor Honea commented that companies in Coolidge and Casa Grande are expanding and that many of their new employees may reside in Marana because of where the Town is positioned in relation to them. Council Member Kai said Marana is ideally located for commercial movement. Vice Mayor Post commented that if the State wants development on State Trust Land, the State should bring its own water. Mr. Montague presented next and provided an overview on a draft formula designed to maintain the Town’s assets. He analogized the relationship between the Town and individual developments to parent company and its subsidiaries. He said sustainability is achieved when revenues generated from development (through sales tax and other methods) meet or exceed Town-wide costs (or deficits), and he used the Gladden Farms Phase 1 development to show an example of how the draft formula works. Mr. Montague highlighted that if the Town refined and utilized the formula as an assessment tool, it would be able to determine whether a specific development pencils for the Town in a similar way that developers utilize formulas to determine if development pencils for them. He said the tool would also serve as a temperature check and would help facilitate necessary conversations. During the presentation, Mr. Montague and other Town staff answered clarifying questions. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the slides for more detailed information. A summary of Council's discussion on this topic is as follows: Council Member Craig and Vice Mayor Post expressed the tool illustrates that denser communities cost less to operate. Mayor Honea said that fact must be weighed against quality-of-life concerns. Mr. Rozema emphasized that the evaluation tool discussed by Mr. Montague would give the Town the ability to evaluate any development coming forward and would allow the Town to determine if the proposed development makes sense for the Town. Marana Town Council Regular Meeting April 4, 2023 Page 112 of 138 DRAFT 14 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Mr. Angell, in answer to a question from Council Member Ziegler, provided as an example that if public streets did not pencil for a development after evaluating the development with the tool, then the Town would not accept the streets as public streets. Mr. Kalaitzidis said the tool could also give the Town a way to evaluate incorporating empty space between developments where infrastructure would need to be put into place for development to occur. Vice Mayor Post asked if there was a way to require home owners’ associations to contribute maintenance money to the Town through a development agreement. Ms. Fairall said that may be a possibility. Vice Mayor Post said much of the Town has already been developed, and that some of these measures would have been good to put into play ten years ago. He asked if there was any money in RTA for maintenance. Mr. Rozema said there was very little dedicated for that purpose and that there may not be much available because of the many other projects going on. Vice Mayor Post commented that the formula presented was very eye-opening. Discussion ensued regarding the Villages of Tortolita development that highlighted the need for the Town to structure transactions with developers in such a way so as to not let one developer hold infrastructure installation hostage. Mayor Honea commented that without the Barnett Channel, many of the north Marana projects may not go forward. Mr. Montague said Town staff is aware of the problem, but the main roadblock is the cost of the Barnett Channel project. Mr. Rozema indicated some developers are thinking about coming together with the Town to construct the Barnett Channel instead of investing in their own drainage infrastructure. He said Pima County may be willing to assist as well if it sees the Town is serious and comes up with enough funds. Mayor Honea recessed the meeting for a break at 2:19 PM and reconvened the meeting at 2:34 PM. Council Member Craig suggested that the Town should think seriously about development requiring infrastructure to be extended beyond the Town's core areas. Mr. Rozema said the Town will have the ability to take a stronger stance on this going forward. - If time permits, Hot Topics: - Public Art Policy/Monumentation Marana Town Council Regular Meeting April 4, 2023 Page 113 of 138 DRAFT 15 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Mr. Angell presented on this item and recommended that developers contribute to a public art fund so the Town can have control over the style, quality, and placement of public art in the Town. A copy of the presentation slides is on file with the Town Clerk's Office. For tables, images, and more detailed information, please see the presentation slides. Mr. Angell and other Town staff answered clarifying questions during the presentation. A brief summary of Council's discussion on this topic is as follows: Vice Mayor Post questioned why the Town should exclude residential development from the requirements in the draft policy, and Mr. Angell said staff was looking for feedback on the specific policy requirements and that the draft policy was open to change. He and Mr. Rozema said a balance would also need to be struck on whether there should be a cap and, if so, on what the cap should be. Vice Mayor Post asked if the RTA could abide by the policy requirements if placed in the Town Code. Mayor Honea said the RTA has art within their budget, but that the requirement would likely be apportioned to its partners, including to Marana. Vice Mayor Post expressed concern at how large the public art contribution would need to be as a percentage for the Tangerine interchange. Council Member Craig was in support of a 1% cap. Mr. Rozema said Town staff would prepare some numbers and present the Council with options to consider during a study session. Vice Mayor Post said he was not fond of spending public money on art, but that if the Town keeps the art at the same level of quality as displayed in recent projects (reindeer project, Spirit of Marana, birds project etc.), that he is in favor of it. Council Member Ziegler expressed that she prefers the design style of the recent art projects. Sjhe thinks it will give the Town a cohesive feel and thinks it is great that the art is made in conjunction with the Marana School District. Mayor Honea discussed older art projects in the Town and expressed the need to maintain them better. Council Members Comerford and Ziegler expressed concern regarding who would be appointed to help select what art is placed in the Town, and Council Member Ziegler said the art review committee should not be too large. Mayor Honea asked if the Town Council would have final selection authority. Mr. Angell said the Council would. Council Members Craig and Ziegler expressed their support for the policy, and Council Member Ziegler requested one of the art project involve a turtle, possibly in the El Rio Preserve. Marana Town Council Regular Meeting April 4, 2023 Page 114 of 138 DRAFT 16 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Ms. Caidedo presented on monumentation options, showed images of the Ina Road monument, the Twin Peaks Road monument, and a rendering of a hybrid monument, and asked for Council Members’ preferences and feedback. A copy of the presentation slides is on file with the Town Clerk’s Office. Please see the slides for visuals and other information. Ms. Caicedo and other Town staff answered clarifying questions during the presentation. A summary of Council’s discussion on this topic is as follows: Council Member Craig was in favor of the Ina Road monument. Vice Mayor Post liked the Twin Peaks Road option and the hybrid option. At one point, six Council Members raised their hand in support of the Twin Peaks Road option when asked which of the three they preferred, but when the hybrid option was shown during this time, Council Member Ziegler indicated she did not know there was a third option to vote on and said she liked the hybrid option. Council Member Comerford indicated she liked aspects of the hybrid option as well. Council Members expressed displeasure at the cost of the options, which were around $150,000.00 for the Ina Road option and $200,000.00 for the hybrid option. - Marana Citizens' Forum reboot Mr. Rozema presented on this topic and counseled against adopting an alternative, open-house style of the new Forum proposed by a resident at a the Town Council’s February 21, 2023 regular meeting. He said that style of forum has not worked for the Town in the past. He recommended the original plan proposed by Ms. Caicedo at the February 21st meeting, and answered clarifying questions during his presentation. A summary of Council’s discussion on this topic is as follows: Mayor Honea and Council Member Craig agreed with Mr. Rozema and supported the plan for the citizen’s forum he and Ms. Caicedo proposed. Vice Mayor Post said that as long as the new Forum is given meaningful work do, he is in favor of it. Regarding appointment duration, Vice Mayor Post and Council Member Craig liked the idea of three-year appointments. Vice Mayor Post expressed a desire for the option to end an appointment before that time if it does not work out and for the option to rotate appointees based on the topic before the Forum. Council Members Ziegler and Comerford agreed with Vice Mayor Post regarding topic- related appointments. Mr. Rozema said they would take that into account and try and incorporate it into the Forum plan. Ms. Fairall said provisions could be added allowing the Council to remove members, similar to other boards. Marana Town Council Regular Meeting April 4, 2023 Page 115 of 138 DRAFT 17 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Regarding the number of appointments, Council Members Craig and Ziegler said there would be difficulty in reaching a consensus with bigger groups, and requested just one appointment per Council Member instead of two. Council Member Comerford disagreed with that option. Mr. Rozema clarified that the new iteration of the Forum would not need to reach a consensus, but only discuss projects so that its members’ feedback on projects could be relayed to the Council. Council Members Officer and Comerford expressed a desire to see a consistent date on which Forum members would meet. Mr. Rozema said members could be given plenty of advance notice (around two months or so) regarding upcoming meetings. Council Member Comerford and Vice Mayor Post recommended Mr. Rozema do a podcast once the new Forum is ready. Council Member Officer asked which Town department would run the new Forum, and Mr. Rozema said it is now being run by the Town Managers Office. - Employee Benefits Mr. Rozema presented on this topic and answered clarifying questions during the presentation. He informed Council Members that the Town was at the bottom regarding leave accrual when compared with other jurisdictions in Pima County. He recommended the Town adopt the following: [Note that the numbered items below were acquired from the Town Manager’s Office after the meeting concluded. These items include additional information to what was presented at the meeting for the purpose of completeness.] Max Accrual 1. Current: 1. 0-5 years of service – 180 max accrued vacation hours 2. 5-10 years of service – 200 max accrued vacation hours 3. 10+ years of service – 240 max accrued vacation hours 2. Proposed: 1. 0-3 years of service – 200 max accrued vacation hours 2. 3-5 years of service – 240 max accrued vacation hours 3. 5-7 years of service – 264 max accrued vacation hours 4. 7-10 years of service – 288 max accrued vacation hours 5. 10-15 years of service – 304 max accrued vacation hours 6. 15+ years of service – 320 max accrued vacation hours Marana Town Council Regular Meeting April 4, 2023 Page 116 of 138 DRAFT 18 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Vacation Accrual 3. Current: 1. 0-5 years of service – 80 hours per year 2. 5-10 years of service – 120 ours per year 3. 10+ years of service – 160 hours per year 4. Proposed: 1. 0-3 years of service – 80 hours per year 2. 3-5 years of service – 120 hours per year 3. 5-7 years of service – 144 hours per year 4. 7-10 years of service – 168 hours per year 5. 10-15 years of service – 184 hours per year 6. 15+ years of service – 200 hours per year Mr. Rozema explained that the proposed changes would put Marana somewhere in the middle of where other jurisdictions are currently at. He said the changes do come with a cost, and Mr. Kalaitzidis explained how the cost was quantified and accounted for. Mr. Rozema said the next proposed change involved sick leave payout. Please see the table below for details: [Note that this table was acquired from the Town Manager’s Office after the meeting concluded. It includes additional information to what was presented at the meeting for the purpose of completeness.] Sick Leave Payout Separation/Retirement Type Hours of Accrued MTO/Sick Leave Payout Official Retirement 250 - 499 25% Regardless of Years of Service Separation/Retirement 500 - 749 25% 15+ Years of Service 750 - 999 35% 1,000 - 1,500 50% Mr. Rozema said the Town was the only jurisdiction in Pima County that was not doing this and that this proposed change would put the Town somewhere in the middle of the other jurisdictions. He explained that the proposed change incentivizes employees to accrue sick leave. Marana Town Council Regular Meeting April 4, 2023 Page 117 of 138 DRAFT 19 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Mr. Rozema said the last recommendation involved recognizing Juneteenth as a Town-recognized holiday. Council Members, including Council Member Comerford, Council Member Ziegler, Council Member Craig, and Mayor Honea, expressed support for the accrual and sick leave payout proposals. Council Member Ziegler said she would not support the Juneteenth holiday, and other Council Members had questions about it. Mr. Rozema invited them to think about it and provide him feedback. - Potential Environmental Challenges to Development [Time did not permit discussion of this Hot Topic during the retreat.] Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Comerford seconded the motion. Motion passed, 7-0. Meeting adjourned at 4:37 PM until the morning of Wednesday, March 15, 2023. Dinner - Council and Staff on their own Wednesday, March 15, 2023 7:30AM - 8:30AM Breakfast at Hotel Mayor Honea reconvened the meeting and called the meeting to order at 8:33 AM. He directed the Town Clerk to call the roll. All Council Members were present, constituting a quorum. Mayor Honea led meeting attendees in the pledge of allegiance. As a housekeeping item, he asked those in attendance to consider where the Council retreat should be held next year. Mr. Rozema provided a brief introduction of the day's topics. 8:30AM - 12:00PM Transportation Planning and Projects: Discussion of timing and costs of major transportation projects, including improvements to Marana Road, Tangerine Road, and Cortaro Road Traffic Interchanges; discussion of possible Moore Road Traffic Interchange; transportation master plan update Presentation by: Fausto Burruel Marana Town Council Regular Meeting April 4, 2023 Page 118 of 138 DRAFT 20 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Mr. Burruel presented on the pending Marana Transportation Master Plan, major transportation CIP project updates, and Interstate 10 traffic interchange projects. He and other Town staff answered clarifying questions during the presentation. A copy of the presentation slides is on file with the Town Clerk's Office. Please see the presentation slides for visuals and more information. A summary of Council's discussion on this topic is as follows: Regarding the Tangerine Phase 2A project, Council Member Comerford recommended getting senators involved if ADOT keeps dragging its feet regarding the issues at the Tangerine intershange. Mr. Rozema said Town staff has spoken with high-ranking staff at ADOT, and they informed the Town they believe the Tangerine intersection is safe and therefore the project is not a priority for ADOT. Regarding the Twin Peaks Road/Rattlesnake Pass project, Council Member Craig asked about the wildlife bridge. Mr. Burruel said there is not funding for the bridge currently but that it could be constructed when funding becomes available. Council Member Ziegler asked why there was not funding available for the wildlife crossing and said there was such funding for the Lazy K project in the past. Ms. Flood said wildlife funding has been included for certain projects, but when the RTA ran out of money, the categorical funds were cut, including environmental money. She said the Town never intended to pay for the bridge with its own funds. Mr. Rozema said such funding would be in the millions of dollars. Council Member Craig suggested the Town at least pay for the design. Regarding the Tangerine Farms Extension project, Vice Mayor Post asked about the future of Barnett Road. Mr. Rozema said the hope is to establish the Barnett Channel to take north Marana out of the flood plain. He said one concept involved installing a linear park along the channel and removing Barnett Road, which could not take place until Clark Farms Boulevard is completed. The other concept would leave Barnett Road in place and not have a linear park. He said Pima County is not very interested in participating in a drainage project if it does not involve a park that ties into the Huckleberry Loop. Council Member Ziegler said she would like more information before a decision is made, and Mr. Rozema agreed. Also regarding the Tangerine Farms Extension project, Council Member Ziegler asked when the downtown stretch of road would be completed. Mr. Rozema said Town staff had a meeting scheduled with an involved property owner next week. Vice Mayor Post suggested that the downtown area would take off once the Marana traffic interchange was constructed. Marana Town Council Regular Meeting April 4, 2023 Page 119 of 138 DRAFT 21 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Regarding the Cortaro Road Traffic Interchange project, Vice Mayor Post asked how much the Town needed to contribute to the $200 million project and if the cost was so high due to right-of-way acquisitions. Mr. Burruel said the Town possibly could be on the hook for around $10 million, but that it was not certain yet. Mr. Rozema said the there would be a significant amount of taking for this project. Mayor Honea said he met with Tucson’s mayor last week and that it appears the parties involved in RTA Next are getting close to being on the same page. Mr. Rozema said if RTA Next does not happen, the Town may need to look at imposing a half-cent sales tax for transportation projects. Vice Mayor Post said the Cortaro project alone would consume all such tax revenue for years to come. Council Member Ziegler said she does not seeing the Town funding the project if it came down to it, and she expressed her concern for the businesses in that area if current conditions persist. Mayor Honea recessed the meeting for a break at 10:06 AM and reconvened the meeting at 10:24 AM. Regarding the Tangerine Road/Interstate 10 Traffic Interchange project, Council Member Kai asked about the timing for the presented improvements. Mr. Burruel said the initial improvements were scheduled to occur this calendar year and that the interim improvements would be around two years out. Regarding the Marana Road/Interstate 10 Traffic Interchange project, Mayor Honea asked if a roundabout was included in the project improvements, and Mr. Burruel said a roundabout was not included. Council Member Kai said it seemed like a roundabout was needed on the west side of the freeway. Mayor Honea said he was not sure how it would all be tied together without a roundabout. Mr. Burruel said a signalized intersection was being contemplated instead. Vice Mayor Post suggested the frontage roads needed to go. He also commented that the Marana interchange was at capacity now and will be much worse with any additional development in north Marana. He and Council Member Comerford expressed that development would be more likely to happen there if the interchange improvements were already in place. Regarding the possibility of a prioritized Moore Road/Interstate 10 Traffic Interchange project, Town staff emphasized that this project (which is estimated to cost around $60 million) would provide for an alternate route when the Marana and Tangerine interchanges are closed. Council Member Ziegler said she was not in favor of prioritizing the Moore Road interchange project. She said it likely would be the right decision if other interchanges were not as bad as they are. Mayor Marana Town Council Regular Meeting April 4, 2023 Page 120 of 138 DRAFT 22 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Honea expressed concern regarding the Moore Road interchange project’s funding and its timing with RTA Next already wrapping up. Council Member Kai preferred to focus on the Marana Road interchange, but said it would be nice to have Moore Road as a backup. Vice Mayor Post discussed possibly putting the funding for Moore Road into the Marana Road interchange. Mayor Honea recessed the meeting for lunch at 11:38 AM. 12:00PM - 1:00PM Lunch at Hotel [Some brief follow-up discussion took place during the first part of lunch regarding RTA Next and the Moore Traffic Interchange.] 1:00PM - 3:00PM Mayor Honea reconvened the meeting at 12:19 PM. All Council Members were present, constituting a quorum. Mr. Rozema provided a brief introduction of the next topic. Water Resources: General water resources and Designation of Assured Water Supply (DAWS) update; water resources task force update and water acquisition opportunities; drought preparedness plan update; water conservation program update Presentation by: Jing Luo Dr. Luo presented on this item, along with representatives from WestWater Research. A copy of the presentation slides is on file with the Town Clerk's Office. Dr. Luo first provided an update on the Town's Water resources management and its current Designated Assured Water Supply (DAWS) Modification, which is designed to double the Town's DAWS and which is projected to be approved in July of 2023. Dr. Luo, along with Ms. Jessica Fox, Southwest Regional Director of WestWater Research, then provided an update related to the Water Resources Master Plan Task Force and recommended the Town seek the acquisition of long-term storage credits (LTSC), effluent rights, and that it monitor opportunities to purchase other supplies or take advantage of potential augmentation opportunities. Dr. Luo presented specific water acquisition opportunities consistent with the Task Force’s recommended approach. She then provided an update regarding the Town's revision of its drought preparedness plan and its water conservation program. Marana Town Council Regular Meeting April 4, 2023 Page 121 of 138 DRAFT 23 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 WestWater Research representatives and Town staff answered clarifying questions during the presentations. For more detailed information, including tables, maps, and graphical information, please see the presentation slides associated with this topic. A summary of Council's discussion of this topic is as follows: Mayor Honea said that under state law, rental housing does not require the Town to use water credits to support it and that the Town should start factoring that into its calculations. He highlighted that a lot of new rental units are coming in. Vice Mayor Post and Mr. Angell clarified that if a property is platted, there must be an assured water supply and that Pinal County is getting around the requirement because they are not platting properties. Mayor Honea said the Town is different from Pinal County because the Town has enough physical water, but just doesn't have the credits it hopes to have. Council Member Kai said some jurisdictions are informing developers they need to bring their own water rather than relying on the municipality's DAWS. Mr. Rozema commented that this was a good discussion, but one that should take place another day after Town staff has had an opportunity to look into it. Dr. Luo commented that if the Town receives approval of its DAWS modification from the Arizona Department of Water Resources (ADWR), it will be in a much better position. If not, perhaps at that time the Town could consider other options. Regarding the projected increasing membership fee for the Town to be a member of the Central Arizona Groundwater Replenishment District (CAGRD), Vice Mayor Post asked how the Water Department plans on paying for it. Dr. Luo said the cost would be built into the Water Department's water rate study, which is scheduled to take place in the coming fiscal year. Council Member Craig asked what would happen if CAGRD ran out of water. Council Member Kai said CAGRD is fine storage-wise. Ms. Fox said jurisdictions cannot use CAGRD without having physical water available. She explained that CAGRD's role is to make jurisdictions whole through replenishment for water the jurisdictions are pumping out of the ground. Vice Mayor Post commented that was why the Town needed to go through the DAWS process even if it was a member of CAGRD because it needs to show it has physical water in the ground. Ms. Fox confirmed that is the case. She emphasized that CAGRD is not intended to be a water supply, but rather is used to replenish what a jurisdiction has already pumped. Marana Town Council Regular Meeting April 4, 2023 Page 122 of 138 DRAFT 24 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Regarding the specific water resource acquisition opportunities, and referring to the options depicted in the tables located on slide number 17 of her presentation, Dr. Luo requested feedback on how many LTSC's the Town should purchase. Vice Mayor Post suggested the Town purchase the highest (the third) option that would provide five years of reserve and cost between $9,600,000.00 and $10,800,000.00. He compared purchasing LTSC to buying cash and said the Town could pay itself back when it needed to. Mayor Honea said there may be entities the Town could purchase banked water resources from, and mentioned Tucson has banked 45 years of excess water. Mr. Rozema stated that Town staff did not need direction from Council immediately on how many LTSC to acquire and that Town staff would prepare some additional information to bring before the Council. Vice Mayor Post commented that the Town's water resource impact fee should accumulate a significant amount each year. Dr. Luo and Mr. Rozema stated the amount is tied to the water rate evaluation, which will be taking place in the upcoming fiscal year. Vice Mayor Post said he thinks it is time for the Town to use water rates to acquire water resources. Mayor Honea asked if the Town has looked at purchasing credits from Pima County. Dr. Luo said Town staff has expressed interest to the County, but the County said it wants to use the credits for development. Vice Mayor Post commented that the County's credits wouldn't make much of a difference to the Town. [Council Member Kai left the meeting at 2:20 PM.] Regarding the Town's water conservation program, and specifically regarding the proposed water-conservation-related rebate program, Council Member Craig asked if the Town required high-efficiency toilets for new development, and Vice Mayor Post commented that would be low-hanging fruit from a water conservation perspective and was in favor of such a requirement. Mayor Honea asked how the Town would police and enforce such a requirement. In response to the presentation on rainwater harvesting, Vice Mayor Post said it does not work well in certain areas. Council Member Officer said he has seen rain water harvesters be installed only to be uninstalled later. Marana Town Council Regular Meeting April 4, 2023 Page 123 of 138 DRAFT 25 Special Council Meeting/Retreat Summary Minutes March 13-15, 2023 Mr. Rozema clarified that the question in the presentation was whether the Town should provide rebates for high efficiency toilets, tankless water heaters, and for installing rainwater harvesting systems. He emphasized that the focus was on saving water, not enforcing requirements. Vice Mayor Post said he was fine with the tankless water heater and the high- efficiency toilets, but would like to see how the rainwater harvesting system is set up before providing a $2,000.00 rebate for it. Council Member Craig liked all three rebate options. Dr. Luo requested feedback on how the Town should fund the water conservation program. Council Member Craig was against utilizing the general fund as an option. Council Member Craig, Council Member Comerford, and Vice Mayor Post were in favor of increasing the water conservation fee to $.017/1,000 gallons utilized and Vice Mayor Post and Council Member Craig would also like to see the Town pursue grant funding. Vice Mayor Post requested this be brought before Council for adoption. Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Mayor Honea seconded the motion. Motion passed, 6-0. Meeting adjourned at 3:03 PM. 3:00PM Depart for Return Travel - Council and Staff on their own CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council Special Meeting/Retreat held on March 13 - 15, 2023. I further certify that a quorum was present. ____________________________________ David L. Udall, Town Clerk Marana Town Council Regular Meeting April 4, 2023 Page 124 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 1 of 8 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 21, 2023, 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 Town Clerk to call the roll. Council Member Craig and Council Member Officer were 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 as presented. Vice Mayor Post seconded the motion. Motion passed 5-0. CALL TO THE PUBLIC PROCLAMATIONS Marana Town Council Regular Meeting April 4, 2023 Page 125 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 2 of 8 PR1 Proclamation recognizing April 2, 2023 as, "Education & Sharing Day" (David L. Udall) The proclamation was not read at the meeting and will be mailed to the recipient. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford praised the recent Concerts in the Courtyard and Founder’s Day events. Council Member Ziegler thanked Town staff for their efforts in putting on the Special Council Meeting/Retreat (Council Retreat) held the week prior. She commented on a Marana School District event praised Parks and Recreation staff. She also commented on the LIV Golf event and expressed her desire for the event organizers and the media to highlight Marana more. Mayor Honea praised the Council Retreat and thanked Town staff for the detailed information. He also praised the Founder’s Day event and the number of people and families that attended. Council Member Kai commented on the LIV Golf event and thanked the Police Department for their work at the event. He recommended the event organizers highlight Marana more in the event. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema said the Town issued 35 single-family residential permits so far in March. Last March, there were 146 total permits issued. Mr. Rozema said there is a lot of commercial development currently in the Town. He praised Founder’s Day and the staff that helped make the event happen. He highlighted a recent guided hike and a new episode of Real Talk with the Town related to the environment. Mr. Rozema also said the Community Development Block Grant (CDBG) consolidation plan draft was posted online and available for 30 days for the public to review and provide comments. PRESENTATIONS CONSENT AGENDA C1 Resolution No. 2023-027: Relating to Development; approving a final plat for Saguaro Ranch II Lots 56-57 located approximately one mile north of the north terminus Marana Town Council Regular Meeting April 4, 2023 Page 126 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 3 of 8 of Thornydale Road within a portion of Section 20, Township 11 South and Range 13 East (Brian D. Varney) C2 Approval of the Regular Council Meeting Summary Minutes of March 7, 2023 (David L. Udall) Council Member Kai moved to approve the consent agenda. Council Member Ziegler seconded the motion. Motion passed, 5-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A1 PUBLIC HEARING: Ordinance No. 2023.007: Relating to Development; approving an amendment to the Rancho Marana West Town Center Specific Plan Amendment, approved by Ordinance No. 2008.14, which rezoned approximately 99 acres generally located north of Barnett Road, south of Grier Road and west of Lon Adams Road, in Section 27, Township 11S, Range 11E, creating the Rancho Marana West Town Center Specific Plan, to revise certain development and architectural standards in the specific plan (Scott S. Radden) Resolution No. 2023-028: Relating to Development; declaring as a public record filed with the Town Clerk the amended Rancho Marana West Town Center Specific Plan Amendment adopted by Ordinance No. 2023.007 (Scott S. Radden) Mayor Honea opened the public hearing at 6:14 PM. Senior Planner Scott Radden presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. He said this item involved a Town-initiated rezoning and provided a summary of the zoning history, which is detailed in the slides. Mr. Radden said this rezoning request involved amending Development Standards related to street frontage, building separation, building height, traffic access, parking, signs, and noise and amending the design standards for street design, lighting, pedestrian access, and decorative and architectural design requirements. For more information highlighting specific changes, please see the presentation slides. Marana Town Council Regular Meeting April 4, 2023 Page 127 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 4 of 8 Mayor Honea commented on the history of the Ranch Marana West Town Center Specific Plan and said we are in a different world now. Council Member Kai praised the proposed amendment. Mayor Honea closed the public hearing at 6:21 PM. Council Member Ziegler moved to adopt Ordinance No. 2023.007 and Resolution No. 2023-028. Vice Mayor Post seconded the motion. Motion passed, 5-0. A2 Ordinance No. 2023-008: Relating to Finance; exempting contracted, non-profit youth sport organizations from paying special event permit fees for their annual opening and closing ceremony events (Wayne Barnett) Parks and Recreation Deputy Director Wayne Barnett presented on this item. Mr. Barnett said the item involved a request for Council to waive contracted, non-profit youth organizations from paying the $500.00 special event permit fee for annual opening and closing ceremony events. He explained that qualifying organizations would still be required to go through the special event permitting process and pay regular facility use fees. Council Member Comerford requested that Town staff gently walk the Little League organizations through the permitting process since they have not done it before. Council Member Comerford moved to adopt Ordinance No. 2023-008. Vice Mayor Post seconded the motion. Motion passed, 5-0. ITEMS FOR DISCUSSION / POSSIBLE ACTION D1 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Terry Rozema) Mr. Rozema provided an update to the following bills: • SB 1117 (related to zoning). The bill failed, but has been brought back as a striker bill under HB 2536. HB 2536 essentially keeps all of the elements of SB 1117 except for at-right zoning. The Town continues to oppose the bill. Marana Town Council Regular Meeting April 4, 2023 Page 128 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 5 of 8 • SB 1162 (related to exempting home-based businesses from licensing requirements). The Town opposes this bill. Mr. Rozema also provided an update on a bill related to law enforcement video records fees, which the Town supports, and on a bill related to public notices being posted on municipal websites, which the Town supports as well, but which has been amended to effectually only apply to jurisdictions in Maricopa County. Mayor Honea commented on SB 1117 (now HB 2536). He said he has been speaking with legislators and believes the striker bill will fail in the House of Representatives. D2 Relating to Budget; discussion, direction, and possible action regarding development of the fiscal year 2023/2024 budget, including proposed budget initiatives and expenditures (Terry Rozema) Mr. Rozema said he and Deputy Town Manager Erik Montague will go through the Council Retreat minutes to extract areas where more guidance and direction from the Council is needed regarding what should be included in the budget. D3 Relating to Business Regulations; discussion, consideration and possible direction regarding the proposed addition of new chapter 9-14 “Short-Term and Vacation Rentals” to the Marana Town Code, for the purpose of enacting reasonable regulations for short- term rentals and vacation rentals (Jane Fairall) Town Attorney Jane Fairall presented on this item. A copy of the presentation slides is on file with the Town Clerk’s Office. Ms Fairall explained the proposed ordinance would allow the Town to further regulate short-term/vacation rentals. She briefly outlined the legislative history regarding short-term/vacation rental regulation, which can be viewed in the presentation slides. Ms. Fairall said the proposed ordinance was based on the League of Arizona Cities & Towns’ model short-term/vacation rental ordinance. She provided an overview of what the proposed ordinance would allow the Town to regulate, which can be viewed in the presentation slides. Ms. Fairall emphasized that the statute allowing the Town to impose additional regulations prohibits the Town from regulating beyond what the statute allows the Town to regulate under the statute. Ms. Fairall recommended next steps, which included bringing this item back before Council for adoption at the Town’s April 4, 2023 Regular Town Council Meeting along with a concurrent ordinance amending the Town’s Comprehensive Fee Schedule to add Marana Town Council Regular Meeting April 4, 2023 Page 129 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 6 of 8 a $60 initial license fee and a $40 annual license renewal fee. If the proposed ordinance is approved on April 4, 2023, the Town will notify any known short-term/vacation rentals within the Town of the new requirements and provide a 30-day window for compliance. Council Member Kai expressed concern about the duration of short-term/vacation rental stays, stating that shorter stays incentivize constant weekend parties at rental properties. He highlighted out-of-state jurisdictions that require longer stay durations. Ms. Fairall said she does not believe the Town can regulate short-term/vacation rentals in this way under Arizona law. Council Member Ziegler brought attention to the statutory provisions allowing municipalities to limit or prohibit sober living homes in short-term/vacation rentals and recommended removing “limit” from the provisions so that sober living homes would be prohibited. She also asked if drug rehab homes could be included in the prohibition. Council Member Ziegler expressed concerns related to sober living and drug rehab homes being established in the community. Ms. Fairall said that the Town cannot change state statute and explained that the proposed ordinance would prohibit, rather than limit, the uses outlined in the statute. She also clarified that the proposed ordinance only governs short-term/vacation rentals and what they can and cannot do and does not regulate sober living homes, which are governed by a separate body of law. Ms. Fairall said the Town cannot prohibit sober living homes under the Fair Housing Act, but that it has regulations addressing these homes and that Town staff is looking at additional regulations. Council Member Ziegler expressed support for the proposed ordinance. Vice Mayor Post asked that it be brought back before Council for adoption. Mayor Honea said the proposed ordinance gives the Town a start for regulating short-term/vacation rentals. 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 Item E2. Vice Mayor Post moved to go into executive session on Item E2. Council Member Comerford seconded the motion. Motion passed 5-0. [An executive session was held on Item E2, beginning at 6:53 PM and concluding at 7:03 PM.] Marana Town Council Regular Meeting April 4, 2023 Page 130 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 7 of 8 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) 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 settlement participation related to the One Arizona Opioid Settlement Memorandum of Understanding and five additional Defendants who have entered into National Opioids Settlements. Once back in the open meeting, Vice Mayor Post moved to authorize the Town Manager to execute participation forms related to the national opioid settlements with the five family defendants. Council Member Comerford seconded the motion. Motion passed, 5- 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). Mayor Honea asked for future agenda items. Council Member Ziegler requested monthly reports on the status of the Airport Tower project. Mr. Rozema said he has had conversations with Town staff regarding this since the Council Retreat to assess the issue and to brainstorm possible solutions. He affirmed that a monthly report on the project was reasonable and would be provided. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Council Member Comerford seconded the motion. Motion passed, 5-0. Meeting adjourned at 7:06 PM. Marana Town Council Regular Meeting April 4, 2023 Page 131 of 138 Regular Council Meeting Summary Minutes March 21, 2023 Page 8 of 8 CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council meeting held on March 21, 2023. I further certify that a quorum was present. ____________________________________ David L. Udall, Town Clerk Marana Town Council Regular Meeting April 4, 2023 Page 132 of 138      Council-Regular Meeting   A1        Meeting Date:04/04/2023   To:Mayor and Council Submitted For:Yiannis Kalaitzidis, Finance Director From:Libby Shelton, Deputy Town Attorney Date:April 4, 2023 Strategic Plan Focus Area: Vibrant Community Subject:PUBLIC HEARING: Ordinance No. 2023.011: Relating to Business Regulations; continuing the occupational licensing requirement for managers of massage establishments as set forth in Marana Town Code Title 9 (Business Regulations), Chapter 9-5 (Massage Establishments), Section 9-5-7 (Manager license required; non-transferability) and finding that the licensing requirement is necessary to protect the healthy, safety or welfare of the public; and declaring an emergency (Libby Shelton) Discussion: On February 15, 2011, the Town Council adopted Ordinance 2011.01 establishing Chapter 9-4 "Massage Establishments" in Marana Town Code (MTC) Title 9 "Business Regulations".  Chapter 9-4 was subsequently renumbered to Chapter 9-5 by adoption of Ordinance 2019.012.  Chapter 9-5 contains various regulatory provisions designed to enhance the professionalism of the massage service industry in the Town and to protect the health and safety of the Town's citizens and reduce unprofessional practices.  Among the regulatory provisions, MTC 9-5-7 requires the manager of a massage establishment to obtain a massage establishment manager license ("manager license") from the Town.  As part of the application and review process for a manager license, Town staff process the application to ensure compliance with Town Code and the applicant provides fingerprints so that a background check can be completed.  If certain criminal convictions are discovered during the background check, MTC 9-5-14 Marana Town Council Regular Meeting April 4, 2023 Page 133 of 138 provides that the manager license application can be denied, suspended, revoked, or not renewed.   In 2018, Arizona added section 9-842 to Arizona Revised Statutes (A.R.S.) Title 9 "Cities and Towns".  A.R.S. 9-842 prohibits a city or town from imposing an occupational licensing requirement on any occupation, trade or profession, unless the occupational licensing requirement is necessary to protect the health, safety or welfare of the public.  Additionally, before adopting an occupational licensing requirement, a city or town must hold at least one public hearing and provide public notice of the hearing. The Town's massage manager license is an occupational licensing requirement pursuant to A.R.S. 9-842.  Because the Town's occupational licensing requirement was adopted prior to the August 3, 2018 effective date of A.R.S. 9-842, A.R.S. 9-842(G) states that the manager license requirement will terminate on August 3, 2023 unless the Town both holds a properly noticed public hearing regarding the occupational licensing requirement three months prior to August 3, 2023 and makes the required finding that the occupational licensing requirement is necessary to protect the public health, safety or welfare of the public.   Town staff have properly noticed this public hearing, in accordance with A.R.S. 9-812, by posting notice of this public hearing at Town buildings, on the Town website, and in the newspaper beginning on March 20, 2023.  Town staff also advise that this occupational licensing requirement protects public safety by authorizing denial, revocation, suspension or nonrenewal of the manager license due to certain criminal convictions of the applicant or licensee or failure to follow Town Code.  Moreover, there are additional provisions in MTC 9-5-14 that allow for denial, revocation, suspension or nonrenewal of a manager license to include, but not limited to, the applicant/licensee: is guilty of fraud in conducting the business of the massage establishment; is guilty of misleading or deceptive advertising; takes photos of the customer without the customer's consent; or knows or should know that prostitution, indecent exposure or pornographic acts are occurring in the operation of the massage establishment.  Accordingly, having a manager license requirement is necessary to protect the public health, safety, or welfare of the public. By adopting this ordinance following a public hearing, Town Council will authorize Town staff to continue to regulate manager licenses for massage establishments as they have since 2011.   Financial Impact: There is no significant financial impact related to this item. Staff Recommendation: Staff recommends adoption of the ordinance. Suggested Motion: I move to adopt Ordinance No. 2023.011, continuing the occupational licensing Marana Town Council Regular Meeting April 4, 2023 Page 134 of 138 I move to adopt Ordinance No. 2023.011, continuing the occupational licensing requirement for managers of massage establishments as set forth in Marana Town Code Title 9 (Business Regulations), Chapter 9-5 (Massage Establishments), Section 9-5-7 (Manager license required; non-transferability) and finding that the licensing requirement is necessary to protect the healthy, safety or welfare of the public as required by A.R.S. 9-842, and declaring an emergency. Attachments Ordinance No. 2023.011 Marana Town Council Regular Meeting April 4, 2023 Page 135 of 138 00087257.DOCX /1 Ordinance No. 2023.011 - 1 - MARANA ORDINANCE NO. 2023.011 RELATING TO BUSINESS REGULATIONS; CONTINUING THE OCCUPATIONAL LICENSING REQUIREMENT FOR MANAGERS OF MASSAGE ESTABLISHMENTS AS SET FORTH IN MARANA TOWN CODE TITLE 9 (BUSINESS REGULATIONS), CHAPTER 9-5 (MASSAGE ESTABLISHMENTS), SECTION 9-5-7 (MANAGER LICENSE REQUIRED; NON-TRANSFERABILITY) AND FINDING THAT THE LICENSING REQUIREMENT IS NECESSARY TO PROTECT THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 32-4258 to adopt and enforce regulations affecting the establishments, locations and settings in which individuals, entities, and businesses engage in the practice of massage therapy; and WHEREAS on February 15, 2011 the Town Council, via Ordinance No. 2011.01, adopted Chapter 9-4 “Massage Establishments” adding regulatory provisions to the Marana Town Code (MTC) designed to enhance professionalism of the massage service industry in the Town and to protect the health and safety of the Town’s citizens and reduce unprofessional practices; and WHEREAS on June 4, 2019, the Town Council, via Ordinance 2019.012, renumbered Chapter 9-4 to Chapter 9-5; and WHEREAS MTC 9-5-7 requires the manager of a massage establishment to obtain a massage manager license (“manager license”) from the Town thereby allowing the Town, as part of the application and review process, to ensure compliance with Town Code and to conduct a criminal background check on the applicant; and WHEREAS effective August 3, 2018, the Arizona Legislature added section 9-842 to the Arizona Revised Statutes (A.R.S.) prohibiting a city or town from imposing an occupational licensing requirement, such as a manager license, unless the requirement is necessary to protect the health, safety or welfare of the public and requiring a public hearing before adoption of an occupational licensing requirement; and WHEREAS because the Town’s manager license requirement was adopted prior to the effective date of A.R.S. § 9-842, A.R.S. § 9-842(G) requires, in order to continue enforcement of the requirement to obtain a massage manager license, that the Town hold a public hearing to continue the manager license requirement three months prior to Marana Town Council Regular Meeting April 4, 2023 Page 136 of 138 00087257.DOCX /1 Ordinance No. 2023.011 - 2 - August 3, 2023 and to make the required findings that the occupational licensing requirement is necessary to protect the public health, safety, or welfare of the public; and WHEREAS the Town Council finds that the manager license requirement set forth in MTC 9-5-7 is necessary to protect the public health, safety, or welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Town Council finds that continuing enforcement of MTC 9-5-7 requiring a massage manager license is necessary to protect the public health, safety or welfare of the public. 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 this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. Marana Town Council Regular Meeting April 4, 2023 Page 137 of 138 00087257.DOCX /1 Ordinance No. 2023.011 -3 - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, this 4th day of April, 2023. Mayor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney Marana Town Council Regular Meeting April 4, 2023 Page 138 of 138