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Home My WebLink About03-21-2023 Regular Meeting Summary Minutes X & MARANA AZ CELEBRATING 45 YEARS 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 Regular Council Meeting Summary Minutes March 21,2023 Page 1 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 Cl 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 Regular Council Meeting Summary Minutes March 21,2023 Page 2 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 Al 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. Regular Council Meeting Summary Minutes March 21,2023 Page 3 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. Regular Council Meeting Summary Minutes March 21,2023 Page 4 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 Regular Council Meeting Summary Minutes March 21,2023 Page 5 of 8 a$60 initial license fee and a S40 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.] Regular Council Meeting Summary Minutes March 21,2023 Page 6 of 8 El Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). E2 Executive session pursuant to A.R.S. §38-431.03(A)(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. Regular Council Meeting Summary Minutes March 21,2023 Page 7 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 A4°(: 66. MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes March 21,2023 Page 8 of 8