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Home My WebLink About04-04-2023 Regular Meeting Summary Minutes MARANA AZ CELEBRATING 45 YEARS MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 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 SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 PM and directed the Town Clerk to call the roll. Council Member Kai was absent. All other Council Members were present, constituting a quorum. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea. APPROVAL OF AGENDA Council Member Ziegler moved to approve the agenda as presented. Vice Mayor Post seconded the motion. Motion passed 6-0. CALL TO THE PUBLIC Ms. Lori Shaeffler presented a plaque to Mayor Honea on behalf of Run for the Wall. Regular Council Meeting Summary Minutes April 4,2023 Page 1 of 7 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) The three proclamations were read by Town Clerk/Assistant Town Attorney David Udall while Mayor Honea presented the proclamations to their respective recipients. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Ziegler attended a recent Marana Chamber of Commerce mixer event. She also attended a groundbreaking event for The Learning Experience childcare facility. Council Member Ziegler requested a point of personal privilege, which was granted by Mayor Honea. Council Member Ziegler clarified that her opposition to a recently planned event at Bookmans was in her personal capacity and not in her capacity as a Council Member. Mayor Honea reported he has been advocating for Marana in the Regional Transportation Authority (RTA).He attended a southern Pinal County mayor's luncheon and spoke with several mayors there. He also highlighted the State of the Town event taking place on April 6, 2023. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manger Terry Rozema said the Town issued 60 single-family residential permits for the month of March. He highlighted the opening ceremonies held by the Marana and Continental Ranch Little Leagues,a police academy for young children held by the Police Department, and the most recent Real Talk with the Town podcast. Mr. Rozema said the podcast has reached 5,000 listens. PRESENTATIONS CONSENT AGENDA Ms. Fairall noted that a revised resolution for Item C3 was printed out and on the dais before the Council Members. She said the underlying plat was unchanged. Regular Council Meeting Summary Minutes April 4,2023 Page 2 of 7 Cl 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) 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) Vice Mayor Post moved to approve the consent agenda. Council Member Officer seconded the motion. Motion passed, 6-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al 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 Regular Council Meeting Summary Minutes April 4,2023 Page 3 of 7 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) Mayor Honea opened the public hearing at 6:24 PM. Deputy Town Attorney Libby Shelton presented on this item. Ms. Shelton explained that the Town has had provisions in the Town Code to regulate massage establishments since February 2011. One of the provisions includes a massage manager license process designed to enhance the professionalism of massage establishments and to protect the health,safety,and welfare of the public. In 2018,the Arizona Legislature passed A.R.S. 9- 842, requiring municipalities desiring occupational licensing requirements, such as massage manager licenses, to bring these requirements before the municipality's governing body in a public hearing and have the governing body find that the requirements are necessary for the public health, safety, or welfare. Ms. Shelton further explained that the Town's massage manager licensing requirements were already in place in 2018. She said the statute provided that existing occupational licensing requirements would expire on October 3, 2023. As a result, she recommended that this ordinance be adopted before the statutory expiration date. Mayor Honea closed the public hearing at 6:27 PM. Vice Mayor Post moved to adopt Ordinance No. 2023.011. Council Member Ziegler seconded the motion. Motion passed, 6-0. ITEMS FOR DISCUSSION/POSSIBLE ACTION D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town's Marana Current and Proposed Projects internet site (Steve Cheslak) 1 Planning Manager Steve Cheslak provided an update on public and private projects and development applications in the Town, as currently listed on the following website: https://experience.arcgis.com/experience/9bcda179c412496a8be2a5af29727745/. During the presentation, Mr. Cheslak answered questions about the various projects. 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) Regular Council Meeting Summary Minutes April 4,2023 Page 4 of 7 Mr. Rozema provided an update on the following bills: • SB 1117(relating to zoning).The bill failed,but it has been replaced by three striker bills. Of these, the Town is opposed to HB 2536 and SB 1163 and has remained neutral on SB 1161 (which only applies to municipalities 520,000 or more). • SB 1162 (relating to exempting home-based businesses from licensing requirements). The Town opposed this bill, and it was vetoed by the Governor. • SB 1148 (relating to authorizing municipalities to assess fees related to body worn camera footage public records requests). The Town supports this bill and it continues to move forward through the legislative process. • HB 2543 (relating to Arizona transportation projects, which includes funding for the Cortaro Road interchange). The Town supports this bill. It has passed Senate appropriations, but will still need to be approved in the state budget. • SB 1006 (relating to eliminating newspaper posting requirements). The Town supported this bill, but it was amended so as to only apply to Maricopa County. Mayor Honea commented on SB 1117 (now HB 2536) and SB 1163. He said both bills are devastating for municipalities. 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) Mr.Rozema said updated information regarding the possibility of zeroscape landscaping at the Marana Municipal Complex would be forwarded on to Council Members from Parks and Recreation Director Jim Conroy. He said 28% of the grass has been removed from the complex and was replaced with desert landscaping. Mr. Rozema also said the Town was looking into installing additional shade structures at Crossroads at Silverbell District Park before the end of this fiscal year. Council Member Ziegler asked if the Town could install a landmark denoting land reserved as a Hohokam monument in one of the Town's parks. Mr. Rozema said Town staff would look into it. Regular Council Meeting Summary Minutes April 4,2023 Page 5 of 7 Council Member Ziegler commented on the art located westbound on Cortaro Rd. just before Interstate 10. She requested the Town add something denoting the Town of Marana to the artwork. Mayor Honea agreed. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. Mayor Honea asked for a motion to go into executive session on Items E2 and E3. Vice Mayor Post moved to go into executive session. Council Member Ziegler seconded the motion. Motion passed, 6-0. [An executive session was held on Items E2 and E3, beginning at 6:44 PM and concluding at 7:18 PM.] El Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). E2 Executive session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning the litigation entitled Southern Arizona Home Builders Association v. Town of Marana, Pima County Superior Court Case No. C20184411. E3 Executive session pursuant to A.R.S. §38-431.03 (A) (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. After the executive session, in the open meeting, Vice Mayor Post moved to direct staff to proceed as discussed in executive session for both Items E2 and E3. Council Member Comerford seconded the motion. Motion passed, 6-0. FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Regular Council Meeting Summary Minutes April 4,2023 Page 6 of 7 Mayor Honea asked for future agenda items. There were no future agenda items. 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, 6-0. Meeting adjourned at 7:19 PM. CERTIFICATION I hereby certify that the forgoing are the true and correct minutes of the Marana Town Council meeting held on April 4, 2023. I further certify that a quorum was present. David L. Udall, Town Clerk MI6 4 MARANA AZ ESTABLISHED 1977 Regular Council Meeting Summary Minutes April 4,2023 Page 7 of 7