HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/1/2010 *PLEASE NOTE: Since the Glendale City Council does not take formal action at the
Workshops,Workshop minutes are not approved by the City Council.
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MINUTES OF THE
GLENDALE CITY COUNCIL WORKSHOP SESSION
Council Chambers—Workshop Room
5850 West Glendale Avenue
June 01, 2010
1:30 p.m.
PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Manuel D. Martinez, and
Councilmembers Joyce V. Clark, Steven E. Frate, David M. Goulet,
Yvonne J. Knaack, and H. Phillip Lieberman
ALSO PRESENT: Ken Reedy, Acting Assistant City Manager; Nick DiPiazza, Deputy City
Attorney; and Pamela Hanna, City Clerk
1. COUNCIL ITEMS OF SPECIAL INTEREST
This is the quarterly opportunity for City Council to identify topics of interest they would like
the City Manager to research and assess for placement on a future workshop agenda.
On March 2, 2010, Council asked that staff provide information on several items. The following
items have been addressed:
o False Alarms — This was addressed as part of the budget process and was brought to the
May 18, 2010 workshop for further discussion.
o Resolution in reference to ban on texting — This was addressed in a memo to Mayor and
Council dated March 25, 2010, from Steve Conrad, Police Chief.
o Luke Fighter Country Partnership Membership — This was addressed in an e-mail to
Mayor and Council sent March 26, 2010, from Brent Stoddard, Intergovernmental
Programs Director.
o Use of Marketing Consultant at Promenade at Palmaire— This was addressed in an e-mail
to Mayor and Council sent May 27, 2010, from Jim Colson, Deputy City Manager.
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The remaining item, codes impacting amateur radio antennas, will be addressed at today's
workshop.
Staff is available to answer any questions regarding information provided. Staff also requests
Council to identify items of interest for follow-up by staff during the next quarter.
Councilmember Lieberman requested that the council discuss the use of a marketing consultant
for the Promenade at Palmaire. Jim Colson, Deputy City Manager and Robert Lamb, Economic
Development Administrator came forward to answer the council's questions.
Councilmember Lieberman commented on his business experience and his concerns regarding
the vacancies at the Promenade at Palmaire. He indicated that Mr. Jim Colson's, Deputy City
Manager, memo on this item raised many questions and concerns with staff's marketing
approach and staff's reluctance to spend any advertising money. He quoted Councilmember
Knaack statement "that one needed to spend money to make money". He also discussed his
concerns regarding the many vacancies on Glendale's Centerline. He stated the much smaller
city of Avondale had recently paid a company to do what he had petitioned staff to do in
Glendale. He believes using these types of marketing companies help bring new business to
Glendale. He considers it ridiculous that Glendale was not doing everything possible to get
some outside professional help when they were in desperate need.
Councilmember Lieberman suggested staff send letters to Cold Stone or Starbucks to encourage
them to consider locating to the Promenade at Palmaire. He stated that instead of staff sending
him negative and pessimistic responses, he would instead appreciate positive letters on what the
city was doing and the methods being used to attract new businesses. He noted he would like to
see actual facts, not excuses.
Mr. Colson responded that he understood Councilmember Lieberman's comments and
frustration. He understands the fact that they all want a very vibrant Centerline as well as the
Promenade spaces filled. He explained staff was working diligently with several potential users
and planning recruitment efforts in order to bring businesses into Glendale. He noted he did not
recall making any excuses and he and staff are working diligently and expect to be successful
and continue to move forward. He believes there is a role for a variety of resources that can be
allocated for this type of effort. Additionally, staff also believes that a consultant group, at the
appropriate time, was a viable and feasible approach.
Mayor Scruggs remarked that although she agreed the space has to be filled, she did not agree
with adding businesses such as a Starbucks at that location. She explained how the current
tenant had invested and paid much more for improvements than originally planned. She stated
the tenant had spent an enormous amount of money and it would be unfair to bring those types of
businesses to compete for her business, which was hanging on by a thread. She hopes the city
was looking at other styles of businesses.
Councilmember Lieberman explained that the reason he brought up those businesses was
because they had the financial means to convert their business as they see fit. He noted that each
business had to be capable with their financial resources to be able to convert and finish those
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stores. He mentioned Fed X, mail box and the UPS stores as other non competitive alternatives.
Additionally, he noted that business does thrive on competition. Mayor Scruggs stated she was
only expressing her opinion regarding this tenant. She added it did not seem fair to bring in
other competition when this tenant had over-extended herself financially. She noted this tenant
has been very loyal to the city and so far, has been the only tenant the city has had at the
Promenade.
Councilmember Clark thanked Mr. Colson for his report. She inquired as to the timeline when
the Council can start seeing some comprehensive results. Mr. Colson explained they were
aggressively working with users and seeking to market the downtown as well as their entire
economic development program, which includes the Centerline project. He indicated that staff
did have a level of urgency and immediacy to what they were doing. He noted they were also
working on bringing their overall Centerline plan to Council at the end of summer or their target
date in the fall. Councilmember Clark asked if their goal was to bring forward in early fall a
comprehensive strategy planning for Centerline that included the Promenade. Mr. Colson stated
she was correct; however,just to be safe, staff will be ready by fall not early fall.
Councilmember Clark asked if they were looking at providing incentives for leasing out the
Promenade and other areas. Mr. Colson explained that incentive planning was part of the
comprehensive plan. Councilmember Clark inquired as to the incubator idea and its feasibility
for the Centerline. Mr. Colson stated they were in the process of engaging in conversations
identifying the feasibility of an incubator activity.
Councilmember Goulet commented on three separate potential projects being created along the
Centerline corridor. He stated there were 28 condominiums going up on 63rd and Glendale. In
August, an 18,000 square foot facility will be going up along the Centerline as well as other
projects both for residential and retail. He explained that companies such as Starbucks will not
open shops in the downtown area because the foot traffic was too low. He explained the
complexity that occurs when trying to open up a business, especially when not everyone was in
agreement. He stated it was important to note the city was moving forward and things were
being accomplished. He believes economic development was working very hard on an issue that
was very difficult, especially in these hard economic times.
Vice Mayor Martinez expressed his disappointment for the finger pointing and blame issuing
going on today. He thanked staff for their memo and believed it to be fair and very
comprehensive. He explained that regarding the Promenade at Palmaire, most of the down turn
occurred because of the sour economy, not staff's lack of initiative. Additionally, Glendale
Avenue has been steadily declining for many years. He stated it had been a combination of
factors and not because economic development and staff had not been doing their job. He noted
it was going to be very difficult to bring new businesses into the area because of the economic
climate. He conveyed his confidence in staff and believes they were doing anything and
everything they can to bring new businesses to the city.
Councilmember Knaack noted she did say "that one needed to spend money to make money",
however, believes staff was capable of making the right decisions and it would be a mistake to
pay extra money to bring in a consultant to do the work. Consequently, with the economy the
way it is, she did not know how they will be able to attract any tenants. She explained how she
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still had one empty suite in her building that has been vacant for two years. She stated the
problem was that everyone wanted it for a low rate; however, it would not be fair to the rest of
her tenants or for her return investment. She believes once the economy turns around, they will
be able to rent the spaces in the Promenade, as well as her own. She thanked staff for their work
on this matter.
Councilmember Lieberman inquired about the status of four properties the city bought a year
ago. Mr. Colson explained that the city has been working with a few developers trying to find
someone interested in acquiring those properties to go along with the Centerline plan.
Councilmember Lieberman explained that as a business person, you had to do anything you can
to keep afloat and sometimes it meant decreasing tenant rent. He added they needed to use
incentives to bring retailers back into Centerline.
Mayor Scruggs explained that this topic was a sore spot for many in the Council. She blames it
on lack of communication, information and awareness by the Council because they do not have
the information needed to know what is moving forward economically. She commented on
Councilmember Goulet's comment that not everyone wants a particular project bought forward.
She indicated those issues were for the zoning and planning departments to ensure that was the
right development for the community. She commented on a developer who has made certain
threats if the city does not comply with their wishes. She stated it was an inappropriate way to
conduct business dealings. She explained the city will treat everyone fairly and impartially. She
would like to offer for consideration, a Council workshop to help them understand the city's
legal ability to offer incentives. She discussed how she did not fully understand the
consequences of Prop 207, as well as other laws recently passed which fit into this topic.
Councilmember Clark and Goulet expressed their support on having a workshop on this issue.
Councilmember Lieberman discussed a program on FOX news that dealt with overwhelming and
overbearing codes for both construction and business.
Councilmember Frate commented that Glendale's Centerline was in a transition. He stated there
will no longer be any car dealerships on that strip since most dealers want to be located on an
interstate to have heavy traffic and big exposure. He discussed the plans for Centerline and what
businesses should be looking for. He noted that most businesses were waiting to see what
Glendale's vision was and how they can become part of it. Glendale Avenue will look much
different than it did twenty years ago.
Mayor Scruggs recommends Mr. Colson bring forth staff's comprehensive strategy plan before
December to help alleviate some of Council's increasing concerns. She added the majority of
the Council was interested in an update on the legal aspects of incentives. Mr. Colson agreed to
have a workshop on that item. Additionally, staff will work to communicate information more
efficiently and in a timely manner. He explained that in these hard economic times, Glendale
has outperformed others in the region; however, that should not give them a free pass. Mayor
Scruggs stated it was good to hear of Glendale's accomplishments and it was the sort of
information that should be communicated often. She noted that economic development has
always been an area where the Council has had much interest in; however, it has been a subject
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area where information has always been withheld. She reiterated that the Council would like to
be more involved and informed on a timely basis as to what was going on economically. She
thanked Mr. Colson for the work he is doing, recognizing the difficult position he was in.
Mayor Scruggs summarized staff's information on the remaining items of special interest as
follows:
False Alarms — This was addressed as part of the budget process and was brought to the May 18,
2010 workshop for further discussion.
Resolution in reference to ban on texting— This was addressed in a memo to Mayor and Council
dated March 25, 2010, from Steve Conrad, Police Chief.
Luke Fighter Country Partnership Membership — This was addressed in an e-mail to Mayor and
Council sent March 26, 2010, from Brent Stoddard, Intergovernmental Programs Director.
City Code impacting Amateur Radio Antennas — A memo to Mayor and City Council from Jon
Froke Planning Director was received but there will be discussion today.
Councilmember Frate stated that Mr. Jon Froke's Planning Department memo went over what
other cities do and had answered his questions. He remarked however, that Glendale's city
ordinance does not regulate the amount of antennas allowed on a property. Mr. Froke stated he
was correct. Councilmember Frate asked if building and safety were involved to observe if it
was done correctly. Mr. Froke explained that anyone wishing to install an antenna would have
to go through building and safety for permitting and inspections. Councilmember Frate
discussed how certain citizens did not approve of their neighbors having up to four antennas on
their property. Mr. Froke explained the federal communication issues and how amateur radio
operators were protected. He added that staff had looked at other city ordinances and believes
Glendale addresses this issue through the current zoning ordinance regulations. Councilmember
Frate indicated that if staff was comfortable with the current ordinance, he will not go any
further. However, his concerns were how this affected another individual's property and the
unlimited amount of antennas one can install.
Mayor Scruggs remarked she would like to keep this item open a bit further. She realized that
the city was heavily restricted on what they could do by the FCC, however, the memo did not
fully address where the city's ability to regulate begins or ends. She indicated that after reading
the memo, she saw no boundaries. Mr. Froke explained that under a separate endeavor, a
comprehensive update of the zoning ordinance was winding itself through the Planning
Commission that will address some of these issues. Mayor Scruggs remarked that in her
opinion, there were some things the city should be able to do without waiting for multiple people
and commissions to hear an item. She reiterated that the FCC had regulations regarding amateur
towers and she would like to hear a legal interpretation of what those regulations were to figure
out what the city can and can't do. She stated it was not a difficult thing to ask for nor did she
want to wait for the impending zoning ordinance. She noted these types of towers were already
being banned in some parts of Scottsdale and Phoenix.
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Councilmember Clark commented that she was not interested in pursuing this issue and believes
it was fairly benign in the great scheme of things.
Councilmember Goulet remarked he would prefer additional follow-up. He questioned if the
FCC would always supersede anything the city does since it was a federal agency. He also
commented on the issue of height regarding the towers.
Vice Mayor Martinez agreed with Mayor Scruggs on requesting more information on the legal
interpretation of this matter. Councilmember Lieberman commented that those regulations start
and end with the FCC.
Mayor Scruggs stated that the majority of the Council requests additional information on this
item. Mr. Froke agreed and stated staff will follow—up with the city attorney's office on the
matter of the legal interpretation.
Councilmember Knaack asked if it was known how many antennas were in the area. Mr. Froke
responded no. Councilmember Lieberman asked who regulated the cell phone towers. Mr.
Froke stated that those regulations were outlined in the zoning ordinance.
Mayor Scruggs asked for New Items of Special Interest.
Councilmember Clark would still like the city to pursue a text ban ordinance. She explained that
this issue has become more of a problem and the state legislature seems reluctant to take it up.
Additionally, after attending a meeting at the League of Cities and Towns, she would like staff to
pursue an act called Local Jobs for America. She stated this bill offers a limit of $5.1 billion
dollars to be used in several different areas by a city. This bill will authorize over $1.18 billion
to be used for 5,500 law enforcement positions and $5 million for firefighter positions. She
explained that the purpose of this act was to help local communities endure the current economic
conditions. The League of Cities and Towns and the Public Safety Committee is asking that
Glendale, along with other cities, pass a resolution in support of this bill. She asked staff to look
into this matter and indicate the appropriate step for a resolution with regards to the Local Jobs
for America Act. She explained that another item discussed at the meeting was the FCC's plan
for broadband. She indicated that a year ago, the FCC took away the licenses from 21 UHF
stations and allocated them into a DBlock to be used for public safety and governmental entities.
She stated congress has decided to auction off the broadband. The League is seeking support in
terms of letters in opposition to the auctioning off of the broadband and instead dedicating it to
public safety. She also discussed a new technology called Long Term Evolution Technology
(LTE). The primary goal of LTE is to make all voice communications in public safety
interoperable with one another. She explained the issues that will have to be addressed by cities
once this technology becomes more available. She asked that the Council consider having staff
move on writing a letter of opposition to the auctioning off of DBlock broad-spectrum
technology and support its allocation to public safety.
Vice Mayor Martinez asked that staff bring back an ordinance or resolution regarding the sale of
fire crackers being sold in the city. He discussed the fire dangers associated with using fire
crackers, especially for children.
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Mayor Scruggs commented on a growing problem regarding Thunderbird Medical Center. She
explained the center has banned smoking on their premises; however, people now go across the
street into the residential area to smoke. She indicated residents have complained about the
smoke and litter left behind. She believes this was a growing problem that needed to be
addressed. She suggests the Planning Department come back with ideas on how to address this
issue when approving plans for new developments. She remarked that these companies need to
address their employee's needs and not allow it to become someone else's problem. She
explained she supports companies that take a stand against smoking; however, they need to make
accommodations if they have employees that smoke.
Councilmember Goulet commented that ASU had the same subject come up when they decided
to ban all smoking on campus. However, the student government and board came up with a
compromise were they designated some smoking areas on campus since it was creating a
problem.
Mayor Scruggs suggested the insurance companies become involved as well.
Councilmember Lieberman asked for a public comprehensive report on the Arizona Sports and
Tourism industry and how it was doing. He stated Glendale was counting on a huge amount of
money from them in the future and would like to keep updated. He would like to see a complete
report in September, not just a memo.
Councilmember Goulet stated his support for moving forward on a texting ban. He believes the
city should make a statement to the community regarding this important issue, even if this was
not a primary tool the police could use. He also would like the city to consider having a Hall of
Fame for the city. He indicated this would be primarily for businesses that have contributed to
the city. Councilmember Lieberman supported Councilmember Goulet's comments.
2. CITY COUNCIL GUIDELINES: COUNCIL COMMITTEES
Mayor and Council adopted the City Council Guidelines at the May 26, 2009 Council meeting.
The Guidelines state that at the first workshop in June of each year Council will appoint
membership to standing Council committees for the following fiscal year.
Mayor Scruggs asked if any of the councilmembers would like to move from the committee they
were currently on. Everyone agreed to remain on their respective committees.
3. CITY COUNCIL GUIDELINES: VICE MAYOR APPOINTMENT
Mayor and Council adopted the City Council Guidelines at the May 26, 2009 Council meeting.
The Guidelines state that at the first workshop in June of each year Mayor and Council are to
consider the appointment of a Vice Mayor for the following fiscal year.
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As stated in the City Council Guidelines, if nominations are indicated by Councilmembers at this
workshop, the Guidelines state that a formal nomination and selection process will be placed on
the agenda for the next regular Council meeting.
Vice Mayor Martinez thanked the Council for having him serve as Vice Mayor for the last three
years. He would like to nominate Councilmember Frate to be the next Vice Mayor for Glendale.
He stated Councilmember Frate works hard at his Council responsibilities and is very involved
in the community. He believes he will represent the city well as Vice Mayor.
Councilmember Clark stated she would like to nominate Councilmember Lieberman for Vice
Mayor. She explained she believes in the concept of seniority and how it should be taken into
consideration.
Mayor Scruggs asked for guidance on the next step in the nomination process. She
recommended a short recess to determine the correct procedure.
Mayor Scruggs stated that Ms. Pam Hanna, City Clerk, had pulled the records on how this
procedure was done at last year's workshop. She explained that last year, the two nominations
moved forward to be voted on at a Council meeting. At the meeting, Councilmember Knaack
moved for a vote for Vice Mayor Martinez and Councilmember Frate seconded it. She noted
that Councilmember Clark had remarked that all nominations should have been heard prior to the
final vote. Mayor Scruggs continued that the process at the next City Council meeting would
begin with a nomination, if the majority vote was in favor of that person, then the selection
process is closed. If a majority votes in opposition to that individual, then the next nomination
will come forward.
Councilmember Clark suggested they have a nomination speech for each person. Mayor
Scruggs agreed, however, there can only be one motion. She asked for guidance from legal
counsel.
Mr. Nick DiPiazza, Deputy City Attorney, stated that the Council has the prerogative to set the
guidelines on how they will make their selection and what the process will look like.
Vice Mayor Martinez suggested they just follow last year's procedure.
Mayor Scruggs stated that the nominations of Councilmembers Lieberman and Frate will move
forward for a final vote at the next Council meeting.
As no further business was discussed, Mayor Scruggs adjourned the meeting.
ADJOURNMENT
The meeting was adjourned at 3:25 p.m.
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