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Minutes - Minutes - City Council - Meeting Date: 1/19/2016 City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 dj Gil re E Meeting Minutes - Final Tuesday, January 19, 2016 1:30 PM Workshop Council Chambers City Council Workshop Mayor Jerry Weiers Vice Mayor lan Hugh Councilmember Jamie Aldama Councilmember Samuel Chavira Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner City Council Workshop Meeting Minutes-Final January 19,2016 CALL TO ORDER RoI1call Present 7- Mayor Jerry Weiers,Vice Mayor Ian Hugh, Councilmember Jamie Aldama, Councilmember Samuel Chavira, Councilmember Ray Malnar, Councilmember Lauren Tolmachoff, and Councilmember Bart Turner Also present were Richard Bowers, Acting City Manager; Michael Bailey, City Attorney; and Pamela Hanna, City Clerk. WORKSHOP SESSION 1. 15-851 COUNCIL ITEM OF SPECIAL INTEREST: RESIDENTIAL OVERLAY FOR SONORITA NEIGHBORHOOD Staff Contact and Presenter: Sam McAllen, Director, Development Services Staff Presenter: Jon Froke, Planning Director Staff Presenter: Gilbert Lopez, Community Revitalization Manager Mr. McAllen said this item is in response to a Council Item of Special Interest regarding a residential overlay of the Sonorita Neighborhood. Mr. McAllen introduced John Froke, Planning Director, and Gilbert Lopez, Community Revitalization Manager. Mr. McAllen provided a map showing where the Sonorita Neighborhood is located and noted it is Glendale's oldest neighborhood, established in 1884. The neighborhood's current zoning consists of General Commercial and Light Industrial. The uses in the neighborhood include commercial, industrial and residential. The residential uses are allowed as a non-conforming use for this neighborhood and are at the heart of Councilmember Aldama's request regarding this item. Mr. McAllen said the current Zoning Ordinance states that no structural or physical alterations shall be made to any non-conforming building, structure or lot, except when required by law or ordinance. This requirement does not prohibit routine repairs or maintenance, but it does limit residential property owners when it comes to considering room additions or building new homes or new structures. New residential construction is not permitted with the current zoning designations in this neighborhood. These mixed uses in this neighborhood have co-existed since the 1960s and have been questioned before. A neighborhood study was done to determine the best way to handle the zoning in this area. Mr. Lopez said an independent study was done in 1997 to come up with solutions that would work for residents and existing businesses. The committee came up with several solutions, but due to a lack of consensus, no solutions were put in place at that time. He said the City receives over $2 million a year in Community Development Block Grant funds. A portion of those funds are used as loans to modify homes for low to moderate income families. Other assistance programs include emergency repair, grants and liens placed on the property for work over $1,000. Mr. Lopez explained one of the requirements for using these funds is that all properties are subject to the environmental review process in order to qualify for funding. Councilmember Aldama asked if the single family homeowners were eligible to access these HUD funds for housing rehabilitation. City of Glendale Page 1 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 He explained one of the major problems is the noise levels produced by Grand Avenue and the nearby railroad. The sound level in this area can prevent these funds from being used for rehabilitation. He explained federal funds can still be used for demolition and relocating families if the city decides to pursue that option. Mr. Froke said there is nonconformity in this neighborhood's zoning. He explained the zoning in the Sonorita Neighborhood and said the city does not allow homes in the M-1 zoned district, and explained an option is to look at an overlay district for this neighborhood. Overlay districts have been used successfully in Glendale for many years. He said staff wanted to be sensitive to the successful businesses that have been located in this neighborhood for many years, as well as taking into consideration Proposition 207. He said staff is seeking direction on whether a consultant should be hired to update the current status of property uses and conditions of the Sonorita Neighborhood and whether staff should proceed with a zoning text amendment to develop a residential overlay. Mr. Froke stated there is no funding for such a study at this time. Mayor Weiers asked what a funding study might cost. Mr. Froke said this type of study would cost around$30,000. Councilmember Aldama said at the time of the study 18 years ago, there were a total of 68 homes, and today there are only 26 homes. He said the city could have done something about this neighborhood when the study was first completed. The study indicated that owners and occupants desired to remain in the neighborhood and desired to see the area's revitalization, and the study recommended the neighborhood be revitalized. He asked if anything was done right after the study was completed to revitalize the neighborhood. He asked what the city has done for this neighborhood from 1997 to the present. Mr. Lopez said through the Community Revitalization Department has done several demolitions, some emergency repairs, and street work was also done through a community grant through the Neighborhood Partnerships office. Councilmember Aldama said $145,000 was used for street repair and sidewalks in the area. He asked if those funds would have to be in the General Fund. Mr. Lopez said that is correct. He said he also left off the recent renovation to the park that was done. He said that was done before any of the federal requirements regarding noise. Councilmember Aldama said that was initiated by the Parks and Recreation Commission to revitalize that park. He said no funds were available for this community. He said the 26 homes and homeowners in the area are not going anywhere. He asked staff where they would go from here. He asked if there were any tax breaks available and there is no other community like this in the city and it has been segregated from resources. He said this is a prime example of the city doing nothing for a community. He said after the study nothing was done due to lack of engagement from the community. Councilmember Aldama said the city does not "do nothing" to any other community if part of that community is not engaged. He asked if there were any property tax breaks available to those homeowners. Mr. Lopez said staff has only looked at the federal side and haven't looked at any City of Glendale Page 2 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 non-federal sources. He said staff can certainly look at what is available for residents in that area. Councilmember Aldama asked if there was anyone else at the meeting who could answer that question about whether those residents were eligible for a property tax reduction or elimination. Mr. McAllen said he would follow up with city staff to get additional insight on this issue. Councilmember Tolmachoff asked if there were any other cities that had a similar problem and asked if staff had looked outside of federal funds for a solution. She also asked about tribal revenue sharing funds. Mr. McAllen said that sort of research has not yet been done, staff was only looking at the possibility of an overlay and availability of federal, state or local funds to assist residents. He said staff can definitely look into other alternatives. Councilmember Tolmachoff asked if a zoning text amendment would help the revitalization of the residential neighborhood. Mr. Froke said an overlay district might help the existing homes in the neighborhood, but right now those homes cannot legally be expanded, only maintained. He said the overlay district might be something that would help an existing homeowner expand their home or improve their home. Councilmember Chavira mentioned the Garfield Neighborhood Revitalization Program in Phoenix. He said the Sonorita Neighborhood is unique as there are multi-generational families living in the area. He said he is in favor of the study and it would put a spotlight on the programs that might be available to assist. He said it also might help with noise abatement. Councilmember Turner said he was in favor of allowing residents to upgrade their property. He said he is reluctant to add new residential units in that area due to the other uses, but he felt it is their duty to take care of the residents and allow them to elevate their standard of living. He asked if the Sonorita Neighborhood was a historic district. Mr. Froke said it is an old neighborhood, but is not on the National Register of Historic places, and it probably would not be considered for one. Councilmember Turner asked if only the residential part of the neighborhood could be considered historic because that designation would allow those residents to qualify for the property tax reduction. Mr. Froke said the city has used an architectural historian in the past and staff is able to contact him to do a survey. Councilmember Turner said he would be interested in that information and what the possibilities are for that neighborhood. He spoke about the neighborhood not qualifying for federal funds due to the noise from the railroad whistles. Mr. Lopez said it is the train whistles, but also the cumulative noise from the four railroad tracks, plus Grand Avenue and 59th Avenue. City of Glendale Page 3 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 Councilmember Turner said the noise level is probably about the same on the west side of 59th Avenue as it is on the east side of 59th Avenue. He is looking to see what the city could do for the sake of both those neighborhoods to mitigate the noise from the railroad. He asked about looking into no whistle zones to allow the neighborhoods access to federal funds. Councilmember Malnar liked the idea of looking at outside sources to assist this neighborhood. He asked what the zoning text amendment would do for this neighborhood and asked if it was necessary to have a study done. Mr. Froke said the overlay district would not help with the funding, but it would be the vehicle to allow existing homes to be expanded and improved. Councilmember Malnar asked what would help those residents get the funding from the outside sources. Mr. Lopez said an overlay would allow residents to obtain non-federal funds to assist. He said the environmental review process is what is holding up the renovation of that area. He said if the zoning was changed and the noise reduced, those funds would then become available to residents, but he said that is a large obstacle to overcome. Councilmember Aldama thanked staff for their efforts and said the city's own zoning ordinances have caused the demise of the community. He said this community is very important and would like staff to research how funding can be obtained for the residents. He explained the city looks for private funding to host events and said they owe it to the neighborhood to preserve it. He asked staff to do whatever it takes to see what services the community lacks. He said there is funding out there and encouraged staff to try and find something to assist those residents. Mayor Weiers said he didn't know if there was a consensus, but it seemed they have a consensus to keep looking at this issue to see what the city can do to assist the residents. Councilmember Aldama said Sonorita residents would ask that the money for a study instead be used to help homeowners instead. He would support an overlay. Vice Mayor Hugh supported Councilmember Turner's suggestion about looking into a historical registry of the homes. Councilmember Tolmachoff agreed with Councilmember Aldama and said the zoning text amendment was an important first step. She wanted staff to look into how other cities have handled this type of problem. Councilmember Chavira is in favor of moving forward with the zoning text amendment. Councilmember Aldama asked if staff was going to bring back information whether or not the homeowners can have any type of property tax break. Mr. McAllen said staff would follow up on the property tax break issue. City of Glendale Page 4 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 2. 15-853 COUNCIL ITEM OF SPECIAL INTEREST: ALLOWING CHICKENS AS PETS IN RESIDENTIAL NEIGHBORHOODS Staff Contact and Presenter: Sam McAllen, Director, Development Services Staff Presenter: Jon Froke, Planning Director Mr. McAllen said this item is in response to a Council Item of Special Interest for rezoning to allow chickens as pets in residential neighborhoods. Mr. Froke said currently in Glendale, chickens are allowed in six zoning districts, primarily agricultural, rural or large lot districts, and each council district has those types of lots in their district. He said a zoning interpretation letter was issued in 2011, and no appeals were made regarding this decision. He explained enforcement has been consistent throughout the city. Mr. McAllen explained the pros and cons of having chickens in neighborhoods. The pros include property rights, other cities and towns allow chickens, chickens make good pets, chickens support healthful living, and chickens are quiet pets. The cons include property rights, other cities and towns limit chickens, chickens are farm animals, chickens are unsanitary, and chickens are noisy. The responses depend on what side of the fence you sit on. He said this puts decisions on whether to allow chickens on the local community leaders. He presented a side by side comparison of how other cities address chickens in residential neighborhoods. Mr. McAllen said allowing or disallowing chickens in residential neighborhoods can be a divisive issue between some neighbors. The decision to allow chickens is best determined by each community as they establish their own community standards, and reflect on their own city codes. Enforcement must be considered and care should be taken not to create a cumbersome or challenging enforcement process. He said staff is seeking guidance whether to proceed with initiating a process to allow the raising and keeping of chickens as pets in Glendale's residentially zoned districts. Councilmember Turner said this issue came up from a family in his district. He said people are looking to have a reasonable number of hens as pets and for sustainability and fresh eggs. He said he has received support from residents to allow keeping a reasonable number of hens on residential property. He said neighborhood permission is not required to have dogs or cats or other restrictions for those types of pets and he has heard his community is in favor of allowing chickens as pets. Councilmember Tolmachoff supports backyard chickens. She asked if there were any restrictions on pigeons as pets. She said she didn't understand what the difference would be raising chickens or other types of birds. Mr. McAllen said there was a determination back in 1993 or 1994 from the zoning administrator that chickens were farm animals. He also said the city has a nuisance code for animal noise and waste. He said the city is similar to other cities in the valley in that regard. Councilmember Tolmachoff said these animals are all birds and if someone is raising parakeets, raising chickens is the same thing. She supports chickens as backyard pets. Councilmember Chavira spoke about the sustainability component for the eggs as well as City of Glendale Page 5 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 purchasing supplies and food for the animals. He said he was in favor of this item. Councilmember Aldama said there is a local sustainability and organic movement in Glendale, and local businesses that can help families raise chickens. He said many residents believe chickens are a good thing. He grew up in the Sonorita Neighborhood and there were many chickens. He supported having chickens and said he didn't believe the city needed additional regulations. He asked if staff had received many complaints about chickens in neighborhoods. Mr. McAllen said the Code Compliance office receives a small number of calls regarding chickens annually. Councilmember Aldama said there are probably more calls for barking dogs. Mr.McAllen said yes. Councilmember Aldama said he supported chickens in backyards. Vice Mayor Hugh said he would like to see this move forward. Mayor Weiers asked Mr. Stoddard to come up and speak to what the Legislature is doing on chickens right now. Mr. Stoddard spoke about an unsuccessful bill that was introduced regarding backyard chickens. He said a new bill has been introduced regarding chickens. He explained that legislation would prohibit roosters in backyards. Councilmember Malnar asked if an ordinance allowing chickens would override an HOA which prohibits chickens. Mr. Bailey said it would not. If an ordinance was passed allowing chickens, it would not usurp HOA rules disallowing chickens. Councilmember Malnar asked if the next step was to go out for public comment on this issue. Mr. Froke said staff would create a citizen participation plan, which would outline how neighborhoods would be engaged in this issue. Councilmember Malnar said he would be in favor of moving this forward. Mayor Weiers said almost all of his neighbors have chickens, even though his HOA discourages it. He said he doesn't like the idea of waking up to a rooster every morning, but said chickens cut down insect and scorpion problems. He said he does not have a problem with this issue. Mr. McAllen said he had what he needed to proceed. Councilmember Turner thanked the other Councilmembers for their support on this issue. He asked if they could avoid evicting any chickens while the new zoning situation is being resolved. City of Glendale Page 6 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 3. 15-852 COUNCIL ITEM OF SPECIAL INTEREST: GLENDALE JAZZ & BLUES FESTIVAL INFORMATION Staff Contact: Laurie Sapp, Assistant Communications Director Staff Presenter: Martin Dickey, Special Events Manager Ms. Sapp said this item concerned the estimated cost of bringing back the Glendale Jazz&Blues Festival. Mr. Dickey said the Jazz & Blues Festival was originally held at Sahuaro Ranch Park and was moved to the downtown area in the early 1990s. The festival was last held in 2012 and was a two day event. The festival contained two stages, one playing exclusively jazz and one playing exclusively blues. A typical festival included 21 bands, 4 of them national acts. Each night included a nationally known headline act. Included in this festival was art, kid programming, food as well as a jazz education. The estimated costs for the festival were about $170,000, which included talent, staging and rental equipment, audio, video and lighting, and marketing. Additional costs included $38,000 for city services, Police, Fire, Parks, and facilities. This festival is not currently budgeted. Mr. Dickey provided information on the benefits of this festival, which included a longer festival season which runs into early April, and additional visitors and economic opportunities for downtown Glendale. The Jazz & Blues Festival draws attendees from the entire state as well as outside Arizona. This event also offered local education tie-ins each season with Glendale Community College, Deer Valley High School and Young Sounds. Opportunities to offset costs include charging vendor fees, securing sponsors, partnering with outside organizations to produce the event, as well as contracting with an outside promoter. Councilmember Aldama asked if the costs noted for this event were the costs for the last event held in 2012. Mr. Dickey said that was correct. Councilmember Aldama said the city would not have to restart this event as large as it was the last time it was held. Mr. Dickey said with Council input, the event could be held at whatever level Council wished. Councilmember Aldama said those cost numbers would go down. Mr. Dickey said one way to look at it would be to determine if it was going to be the 30th Annual Glendale Jazz&Blue Festival or the first of a new event. Ms. Sapp said it was possible to do any version of that event, and said staff was asked what was the cost of that particular event. Councilmember Aldama said it was a good question to consider where they are going to start this. He asked if staff knew the tax revenues this event generated. Mr. Dickey said it was difficult to pinpoint the amounts because the revenues come in City of Glendale Page 7 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 over a 30 day period, and the ability does not exist to pull 2 days' worth of information from that report. Councilmember Aldama said other Councilmembers were very interested in this festival as well. Business owners also felt this event generated revenue. Mayor Weiers asked how much money the city brought in by charging vendors. Mr. Dickey said the average direct revenue from the festival was about$60,000. Mayor Weiers said the city would have to come up with about $160,000, based on current cost figures. Mr. Dickey said that was correct. Councilmember Tolmachoff asked if there had been previous sponsors for this event. She also said she did not like the idea of starting over with a new festival. She would like to see continuing on with the old festival. Mr. Dickey said there was a decrease in sponsorship support during the economic downturn, and staff saw a change to a return on investment sponsorship model instead of a philanthropic sponsorship model. He said staff could put together packages to provide sponsors with maximum value for their money. He said it is difficult when it is a free festival because tickets are often part of the compensation for a sponsor. He said staff can work on the packages. Councilmember Tolmachoff said it was her understanding that the revenue came from vendors buying licenses to be part of the festival and the revenue they generate from being out there. Mr. Dickey said there are a number of revenue streams for each festival and they involve vendor fees, ride participation fees, sponsorship fees, beverage fees, as well donations or barter from media partners and the Marketing Department brings it all together. Councilmember Tolmachoff asked if the festival was previously held in April. Mr. Dickey said the festival was held during the 2nd or 3rd weekend in April of each year. Councilmember Tolmachoff said if they decide to proceed, Council should consider tying the festival in with Spring Training. Councilmember Turner said at this point, he favored having a local Jazz & Blues Festival rather than having the national acts. This might bring the cost of the event down as well. He said bringing in the best of the local Jazz & Blues scene would be a good place to start. He also said he would like to see the sales tax comparisons for 2012 and 2013 at the same time of year, to try and get some revenue projects. He said these types of cultural events are good for the community. He asked if Gibson Guitars had been a sponsor for past events. He said VIP seating could be provided for sponsors. He was in favor of moving forward on this in March or April. Vice Mayor Hugh asked how much money would be saved if there were no national acts. City of Glendale Page 8 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 Mr. Dickey said about $15,000 to $18,000 would be saved by not having any national acts. Vice Mayor Hugh said he agreed with the rest of the Council and wanted to move forward with this. Councilmember Chavira said he was in favor of marketing and showing off the city. He said this was a great opportunity. He said both he and Councilmember Aldama have reached out to several potential sponsors already. He would like to sit down with staff to see if the festival can be expedited and held this April. He said this was a great idea from Councilmember Tolmachoff to start reaching out to sponsorship. Councilmember Aldama thanked staff for reminding him this was a 29 year event. He was in favor of continuing that yearly tradition. He said that will help gain sponsorships for those who want to be a part of that tradition. 4. 16-007 COUNCIL SELECTION OF VICE MAYOR Staff Contact: Brent Stoddard, Director, Intergovernmental Programs Mr. Stoddard said Council guidelines state that the Vice Mayor will be selected by a majority vote of the Council, and Council will discuss the nominations at a workshop in January. If there are nominations, the item will be placed on the next voting meeting agenda. Councilmember Malnar said he would like to nominate Vice Mayor Hugh for the Vice Mayor position. Mayor Weiers said next week at the regular meeting, a vote would be held for Vice Mayor. Mr. Stoddard said that was correct. CITY MANAGER'S REPORT Acting City Manager Bowers advised he had nothing to report. CITY ATTORNEY'S REPORT City Attorney Bailey had nothing to report but commented there was an Executive Session planned. COUNCIL ITEMS OF SPECIAL INTEREST Vice Mayor Hugh had questions about the property, where the fountain built, on Glendale Avenue at Westgate, which was deeded over. He asked what the city got in exchange for giving the lake property to Westgate and how much did it cost to construct, how was it funded, and if art money was used for this project. Councilmember Aldama reminded Ocotillo resident's mobile office hours for February will City of Glendale Page 9 Printed on 2/2/2016 City Council Workshop Meeting Minutes-Final January 19,2016 be held on Monday, February 1st, at William C. Jack Elementary School, 6600 W. Missouri Avenue, from 5 p.m. to 6:30 p.m. He also thanked the Councilmembers for their support of the Sonorita community. He thanked staff for assisting with bringing the workshop to the Council Chambers. He asked staff to create and bring back a beautification plan for downtown and Catlin Court, to include planters for the sidewalk on Glendale Avenue and other parts of downtown Glendale, for planting wildflowers, and painting the light poles and gas lamps green. Councilmember Chavira thanked Mayor and Council for the dedication of Martin Luther King Jr. Blvd. on Friday. He thanked his mother because today is his birthday. He thanked his wife and daughters for putting up with him. He reminded everyone to be nice. Mayor Weiers wished Councilmember Chavira a Happy Birthday. Councilmember Malnar wanted the City Attorney to provide an overview of the roles and responsibilities of the various boards and commissions based on current State Statute, Ordinances and the City Charter. He commented that he is looking forward to the meet and greet this evening. Councilmember Tolmachoff said they should start considering when they are going to address the exterior of the City Hall building. She felt it should be considered as part of the downtown revitalization. She would like discussions to be held as to when this can be done and to start budgeting to get it done in the future. She wanted to know if there was something in the Charter or the Code that prevents a board member from serving on more than one board or commission. She also wanted to know if there was something that prevented a member from serving more than a 2 year term. She said sometimes it is very difficult to find the right person to serve on a board or commission. Councilmember Turner wanted Council to begin the process for recruiting and hiring the next City Clerk. He wanted input from Human Resources about whether this should be handled internally or to go outside with a recruitment organization. MOTION TO GO INTO EXECUTIVE SESSION A motion was made by Councilmember Aldama,seconded by Councilmember Chavira,to move into Executive Session.The motion carried by the following vote: Aye: 7- Mayor Weiers,Vice Mayor Hugh, Councilmember Aldama, Councilmember Chavira, Councilmember Malnar, Councilmember Tolmachoff, and Councilmember Turner EXECUTIVE SESSION The City Council entered into Executive Session at 3:00 p.m. ADJOURNMENT The City Council adjourned at 3:35 p.m. City of Glendale Page 10 Printed on 2/2/2016