Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 5/8/2018 City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 Meeting Minutes Tuesday, May 8, 2018 5:30 P.M. Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 5:31 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Also Present: Tom Duensing, Assistant City Manager Jack Friedline, Assistant City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Sheryl Rabin, Deputy City Clerk POSTING OF COLORS PLEDGE OF ALLEGIANCE PRAYER/INVOCATION The invocation was delivered by Jeff Blake of the Church of Jesus Christ of Latter-day Saints. CITIZEN COMMENTS Bill Demski, Sahuaro District resident, expressed his concerns about City sales tax, employee salaries and overtime. Warren Wilfong, Ocotillo District resident, addressed Council regarding concerns about Code compliance and front yard parking. Michael Muscato, Peoria resident, said his Glendale business, CrossFit Archangel, was being incorrectly charged sales tax under the Glendale City Tax Code. The services provided by his business should be exempt from sales tax and asked if the City Manager could take the matter under review. APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE APRIL 24, 2018 VOTING MEETING A motion was made by Councilmember Joyce Clark, seconded by Councilmember Ian Hugh to approve the minutes of the April 24, 2018 voting meeting. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh City Council Meeting Minutes-May 8,2018 Page 2 of 13 Councilmember Ray Malnar Councilmember Bart Turner Passed PROCLAMATIONS AND AWARDS 2. PROCLAIM MAY 20 THROUGH MAY 26, 2018 AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF GLENDALE Mayor Weiers said Public Works provided essential services to the residents of the City every day and the health and safety of the City greatly depended on the efforts of Public Works personnel. He proclaimed May 20 through May 26, 2018 as National Public Works Week in the City of Glendale. Michelle Woytenko, Field Operations Director and Craig Johnson, Water Services Director, accepted the proclamation on behalf of all Glendale employees who provided and maintained the infrastructure and services collectively known as Public Works. Mario Vasquez, Solid Waste Department Crew leader, was a third generation City employee and was proud to work for the City and help keep the City clean. CONSENT AGENDA Ms. Bower read the Consent Resolutions by title. 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-23678, MANNA BBQ WESTGATE 4. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-23697, FINE ASH CIGARS 5. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-23760, URBAN MARGARITA 6. EXPENDITURE AUTHORIZATION FOR COSTS ASSOCIATED WITH CONTINUED PARTICIPATION IN THE REGIONAL WIRELESS COOPERATIVE IN FISCAL YEAR 2018-19 7. AUTHORIZATION FOR THE EXPENDITURE OF FUNDS AND TO ENTER INTO A LINKINC AGREEMENT WITH GRUBER TECHNICAL, INC. (Removed from agenda) 8. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH ACCOUNTING PRINCIPALS, INC. FOR TEMPORARY AND PROFESSIONAL STAFFING SERVICES 9. AUTHORIZATION TO ENTER INTO A CONSTRUCTION AGREEMENT WITH DANSON CONSTRUCTION, L.L.C. FOR THE CONSTRUCTION OF THE HEROES REGIONAL PARK LIBRARY PROJECT City Council Meeting Minutes-May 8,2018 Page 3 of 13 CONSENT RESOLUTIONS 10. RESOLUTION NO. R18-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY LIBRARY DISTRICT FOR THE LIBRARY ASSISTANCE PROGRAM. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Jamie Aldama to approve Consent Agenda items 3 through 6, 8, 9 and adopt Consent Resolution item 10. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed BIDS AND CONTRACTS 11. AUTHORIZATION TO ENTER INTO A NEW AGREEMENT WITH UNIQUE MANAGEMENT SERVICES, INC. FOR LIBRARY COLLECTION SERVICES Ms. Bower read the item by title. A motion was made by Councilmember Bart Turner, seconded by Vice Mayor Lauren Tolmachoff to approve item 11. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 12. ORDINANCE NO. 018-29 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF CAMELBACK ROAD AND 79TH AVENUE FROM THE EXISTING ZONING OF SR-17 (SUBURBAN RESIDENTIAL) TO R1-6 PRD AND R1-8 PRD (SINGLE RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "EL City Council Meeting Minutes-May 8,2018 Page 4 of 13 PRADO,"AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. RESOLUTION NO. R18-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA17-09 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF CAMELBACK ROAD AND 79TH AVENUE. Presented By: David A. Williams, AICP, Planning Administrator Ms. Bower read the ordinance and resolution by title. Mr. Williams said the subject property, approximately 21.40 acres, was currently vacant and was bounded by Emerald Point subdivision to the north, 79th Avenue to the east, Camelback Road to the south and a vacant parcel to the west. The current General Plan designation was LDR 1-2.5 (Low Density Residential) and the current zoning designation was SR-17 (Suburban Residential). Mr. Williams said the zoning request was for two different zones, R1-6 PRD and R1-8 PRD (Single Residence, Planned Residential Development). Per the request, the gross density for the project would be 3.69 dwelling units per acre while providing 4.93 acres of open space (23% of the gross project area) consisting of eight common area tracts. The conceptual preliminary plat provided by the applicant indicated 79 single-family lots. Mr. Williams said a neighborhood meeting was held at Copper Canyon High School on December 13, 2017. At the neighborhood meeting, there were eight(8) neighbors/interested parties listed in attendance. The attendees' concerns centered around the single access point for the subdivision as well as traffic safety on 79th Avenue. Mr. Williams said the analysis looked at the appropriateness of the General Plan designations. Staff felt that the proposal would develop a vacant and underutilized infill site on the southern edge of the City. The street improvements along 79th Avenue would help alleviate neighborhood traffic concerns. City departments had reviewed and recommended approval of the proposal. Mr. Williams said both applications were found to be consistent with the General Plan. It promoted the public health, safety and welfare of the community. Adequate school facilities had been confirmed with local school districts. The Planning Commission had reviewed the case and unanimously recommended approval at a public hearing on April 5, 2018. If the applications were approved, the rezoning should be subject to stipulations found in the packet. Mayor Weiers lived very close to the subject property and did not receive notification of the project. He asked if the area on the west was a buffer. Mr. Williams said that was a different zoning category and acted as a buffer or transition. It was approximately two acres in size and was being proposed for a lower density or larger lot product, R1-8, which was about three units to the acre. Mayor Weiers said an irrigation ditch ran along the northern edge of the property and asked what the plan was for the ditch. Mr. Williams said the intent was for the developer to pipe the ditch, picking it up where it came out on the east edge of the property, all the way across the site. City Council Meeting Minutes-May 8,2018 Page 5 of 13 Mayor Weiers asked if the removal of the culvert on 79th Avenue would allow for a wider road. Mr. Williams said that was correct. Mayor Weiers asked if it would be removed. Sue Demmitt, Gammage& Burnham, LLP, representing Taylor Morrison of Arizona, Inc., said the stand pipe that was located on 79th Avenue would be put down into a manhole which would allow the developers to fully improve the west half of 79th Avenue with sidewalks, landscaping, etc. The irrigation ditch that ran along the north side of the property would be tiled and placed underground and would still maintain its historical function. Mayor Weiers asked if the developer was planning to straighten the area around 79th Avenue where the road slightly curved from east to west when coming off Camelback Road. Ms. Demmitt said no. The road could not be straightened because of the existing intersection on the south side of Camelback. 79th Avenue aligned with an existing roadway corridor to the south side of Camelback. It would be widened substantially from what it was currently, meeting the full collector street cross section. The Transportation Department had reviewed the design closely and there were a lot of comments from the residents at the neighborhood meeting, about the access. Mayor Weiers asked where the drainage water was going to be collected. Ms. Demmitt said that all three of the large open space areas within the project served a retention function. She said there was retention along 79th Avenue and a large retention basin at the corner of 79th Avenue and Camelback. The City owned a small parcel at that corner and the developer was working with the City to acquire it and fold that into the project. Ms. Demmitt said the engineers would be doing a lot of earth work to balance both for sewer grades and elevations. Final engineering would be done during the final plat. Her understanding was that they had gotten deep into the engineering analysis to identify where the retention areas were. Mayor Weiers was not opposed to the project. It was presently an eyesore. The true north side was where flooding was presently occurring. Ms. Demmitt said the developer was aware of that and was working with City staff regarding existing drainage and flooding problems. City staff had been actively working to address the flooding issue. Mayor Weiers asked if the existing road could be connected. Mr. Williams said that there was a potential for a later phase of the project and if that did happen, staff would be looking for that connection to be made. Ms. Demmitt said the project was all off 79th Avenue and the Transportation Department had looked at the traffic numbers and had not been concerned about the additional traffic on 79th Avenue. The development did have a secondary emergency access, which was at the northeast corner of the site to provide an additional access point for emergency vehicles. She said 79th Avenue was the only way out to intentionally avoid Camelback Road. Mr. Williams said staff would make note of both the drainage concern and the circulation concern for the project, if it was approved. City Council Meeting Minutes-May 8,2018 Page 6 of 13 Councilmember Turner said, because of the cul-de-sac that was located at the northwest corner, if the lots were built out that way, it would isolate the neighborhood from 81st Avenue and it would not have access under the proposed plat design. If the parcel to the west wanted to be incorporated in the future in a way that made for a unified neighborhood with traffic circulation, that little corner needed to be re-worked. Mayor Weiers opened the public hearing. Richard Surratt, Yucca District resident, said there were currently problems with heavy traffic, bad roads and waiting a long time for the traffic lights. He agreed with Mayor Weiers' suggestions about opening another road and adding another egress to alleviate traffic. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-29. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed A motion was made by Councilmember Joyce Clark, seconded by Councilmember Jamie Aldama to adopt Resolution R18-46. Mayor Weiers supported the amendment and said it was not finished. There was a lot more planning and things that needed to happen. He was certain that there would be another meeting and believed the developer understood the concerns and would work hard to address the concerns. Everyone wanted what was best for Glendale. He said most people knew that that area needed to be developed and it was an eyesore. Good things would come out of it if they all worked together. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed City Council Meeting Minutes-May 8,2018 Page 7 of 13 ORDINANCES 13. ORDINANCE NO. 018-30 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING A MASTER CITY OF GLENDALE PUBLIC HOUSING DWELLING LEASE FOR USE BY THE CITY OF GLENDALE COMMUNITY HOUSING DIVISION. Presented by: Stephanie Small, Community Services Director Ms. Bower read the ordinance by title. Ms. Small was requesting Council waive reading beyond the title, adopt an ordinance approving the Public Housing Dwelling Lease, authorize the City Manager or designee to enter new and renewal leases and delegate authority to approve future lease revisions to the Community Services Department with approval of the City Attorney. Ms. Small said the U.S. Department of Housing and Urban Development (HUD) mandated that Public Housing Authorities (PHA) implement a smoke-free policy banning the use of"prohibited tobacco products" no later than July 30, 2018. The smoke-free policy would affect all PHA residents and must be included as a revision to the Public Housing Dwelling Lease (lease). The smoke-free policy took effect on July 1, 2018 in accordance with the City's fiscal year. Ms. Small said the City's 2018 Annual PHA Plan was presented to the Community Development Advisory Committee (CDAC) and a public hearing was conducted on February 22, 2018. The PHA Plan included the Public Housing Admissions and Continued Occupancy Policy (ACOP). The ACOP included the HUD mandated smoke-free policy. Vice Mayor Tolmachoff asked if the existing tenants would be required to sign a new lease with the mandated terms. Ms. Small said that was correct. The tenants would be required to sign the new lease and to adhere to HUD's smoke-free mandate. Councilmember Clark asked if a designated smoking area would be provided for tenants who did smoke. Ms. Small said there were provisions in the policy that allowed for smoking areas but required the areas to be a certain radius from each one of the dwellings. After doing the analysis, because of the age of the dwelling units, it was not something staff was able to accommodate and meet HUD's requirements as well. Ms. Small said staff had informed residents of the new policy as well as given them cessation assistance. Councilmember Clark said residents either had to quit smoking or move out. Ms. Small said residents did not have to quit smoking they just could not smoke in the dwelling units. Councilmember Aldama asked if there had been previous meetings about the new policy. Ms. Small said there were several sessions and discussions that were held with residents so residents would be aware of the policy and changes that were going to be implemented. Councilmember Aldama asked if residents were provided with any printed materials. • City Council Meeting Minutes-May 8,2018 Page 8 of 13 Lorita Arnold, Housing Administrator, said informational meetings were held on September 28, 2017 and February 7, 2018 but no residents attended. A smoke-free policy addendum was also sent out so residents would be able to comply when entering into the new lease. Ms. Arnold said newsletters were issued to the residents in April, July and October 2017 in an effort to inform all residents. Councilmember Aldama asked if leaflets were hand-delivered or mailed. Ms. Arnold said the information was hand-delivered to the residents. Councilmember Aldama asked where the meetings were held. Ms. Arnold said the meetings were held at the Velma Teague Library and at City Hall. Councilmember Aldama said it was important to know that the policy was set by HUD and was not initiated by the City. Ms. Arnold said that was correct. Mayor Weiers asked what happened if people continued to smoke in the homes. Ms. Small said if staff received a complaint or were notified through its normal inspection process that someone was smoking in the home, then staff had to make sure the residents were abiding by the lease. There was a process, not only in terms of the smoking policy, but any other violation, for eviction. Staff did provide resources and assistance so residents could make different choices. Mayor Weiers said there were standards and policies that were enforced so that somebody was not going to get thrown out if someone smelled cigarette smoke. Ms. Small replied that everyone was provided with due process. Councilmember Aldama asked if HUD would be providing "No Smoking" signage for the properties. Ms. Small said staff was in the process of determining how to placard the areas so that people would understand it was a smoke-free facility and area and to provide the information both in English and in Spanish. Councilmember Turner asked if the entire property would be non-smoking. Ms. Small said that was correct. Councilmember Turner said the same issue occurred recently with the plasma donation center and in his district, an independent senior living facility as well. If an area was not provided on the campus for smoking, then people would move to the perimeter of the campus and become a burden on the facility's neighbors. Councilmember Turner said the City might be trying to help people stop smoking but all it was really doing was pushing the problem that belonged, in this case, to the residents, off on to the neighborhood. It was bad policy and it was a HUD policy. He asked if it was possible to find a location at the facility to provide for smoking. The City owed it to the neighborhood. Councilmember Turner said it was about time for cities to start pushing back against HUD City Council Meeting Minutes-May 8,2018 Page 9 of 13 because it really was not doing the rest of our neighborhoods any favors by pushing the smokers to the perimeter where they became a burden and infringed on the neighbors that surrounded the property. Mayor Weiers said the City could tell HUD to "go fly a kite" but it would eliminate the City's funding. Ms. Small said that was correct. The City was required to abide by all HUD regulations. If the City did not, it impacted the funding for the City's public housing program as well as its Community Development Block Grants (CDBG) and any other HUD funding. Councilmember Turner was not advocating telling HUD to "go fly a kite" or not to proceed with the agreement. The City should be expressing its concerns to HUD and working with whatever organizations and associations possible to reverse the trend. Smoking areas should be provided for residents and employers should be required to provide employees a smoking area instead of shoving smokers off on the surrounding neighborhoods. Councilmember Clark agreed with Councilmember Turner but she would tell HUD to "go fly a kite." She had recently spent a lot of time at a local hospital and smokers did have to go to the perimeter of the hospital property to smoke. The problem was just being pushed to another location. It was incumbent upon the City to find a designated area within its property where smoking would be permissible for residents otherwise it was being a bad neighbor to the surrounding neighborhoods. A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-30. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar NAY: Councilmember Joyce Clark Councilmember Bart Turner Passed 14. ORDINANCE NO. 018-31 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, AMENDING CHAPTER 21 BY ADOPTING A NEW ARTICLE VI RELATING TO THE REGULATION OF AUTOMATED KIOSKS; SETTING FORTH DEFINITIONS; PROVIDING FOR LICENSING AND REPORTING REQUIREMENTS; ESTABLISHING STORAGE CONDITIONS; IMPOSING FEES; ESTABLISHING PENALTIES; AND PROVIDING FOR APPEALS. RESOLUTION NO. R18-47 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ESTABLISHING LICENSING FEES FOR AUTOMATED KIOSKS PURSUANT TO GLENDALE CITY CODE; AND SETTING FORTH EFFECTIVE DATES. Presented by: Lisette Camacho, Assistant Director for Budget and Finance Ms. Bower read the ordinance and resolution by title. City Council Meeting Minutes-May 8,2018 Page 10 of 13 Ms. Camacho was requesting Council to waive reading beyond the title and adopt an ordinance amending the Glendale Municipal Code, Chapter 21, Licenses, Taxes, and Miscellaneous Business Regulations by adding Article VI which established regulations for automated kiosks which accepted consumer electronic devices like cell phones and tablets. In addition, the request was also for Council to waive reading beyond the title and adopt a resolution amending the licensing fee schedule to add an annual fee of$500 for each automated kiosk. Ms. Camacho said at its workshop on February 27, 2018, Council directed staff to move forward with a proposed ordinance for consideration of Council adoption. A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Ordinance No. 018-31. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Resolution No. R18-47. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed NEW BUSINESS 15. FIRST AMENDMENT TO THE OPTION AGREEMENT BETWEEN THE CITY OF GLENDALE AND CAMELBACK SPRING TRAINING, LLC. Presented by: Michael Bailey, City Attorney Ms. Bower read the item by title. Mr. Bailey said the item was an amendment extending the due diligence period to the Option Agreement previously approved by Council. He asked that it be approved. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Jamie Aldama to pass and adopt the First Amendment to the Option Agreement between the City of Glendale and Camelback Spring Training, LLC. AYE: Mayor Jerry Weiers City Council Meeting Minutes-May 8,2018 Page 11 of 13 Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor Lauren Tolmachoff, seconded by Councilmember Ian Hugh to hold a City Council workshop on Tuesday, May 22, 2018 at 12:30 pm, followed by an executive session to be held in the Council Chambers, pursuant to A.R.S. 38-431.03. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed COUNCIL COMMENTS AND SUGGESTIONS Councilmember Aldama thanked Justin Menzel of West Cost Arborist, located in the Ocotillo District of Glendale. Mr. Menzel had assisted a Marine war veteran who had received a code violation by removing two damaged 40-foot trees from the veteran's property. Councilmember Clark thanked Council for approving the construction contract for the library project. Councilmember Clark thanked the members of staff who had attended her district meeting. She said citizens were very grateful for the opportunity to interact and hear from everyone. It was a good meeting and she thanked everyone for giving their time. Vice Mayor Tomalchoff reminded Cholla residents of the Spring district meeting on Thursday, May 10th, from 5:30 to 7:30 p.m. at Foothills Recreation and Aquatics Center. The focus of the meeting would be on neighborhood safety. • ADJOURNMENT Mayor Weiers adjourned the meeting at 6:43 p.m. City Council Meeting Minutes-May 8,2018 Page 12 of 13 I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Glendale City Council of Glendale, Arizona, held on the 8th day of May, 2018. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of May, 2018. `- JFK. Bower, MMC, City Clerk City Council Meeting Minutes-May 8,2018 Page 13 of 13