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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/23/2018City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 0.1 Meeting Minutes Tuesday, October 23, 2018 5:30 P.M. Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aidama 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: Kevin Phelps, City Manager Tom Duensing, Assistant City Manager Chris Anaradian, Assistant City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk POSTING OF COLORS PLEDGE OF ALLEGIANCE PRAYER/INVOCATION The invocation was delivered by Timothy Glass of Harvest Church. CITIZEN COMMENTS Bill Demski, Sahuaro District resident, addressed concerns about City employee salaries, pensions and City taxes. Warren Wilfong, Ocotillo District resident, addressed issues about inoperable vehicles, front yard parking and current parking codes. James Deibler, Phoenix resident, addressed concerns related to the Glen Lakes Golf Course and the completion of the construction around the area of 59th Avenue and Olive Avenue. Christopher Budreski, Cactus District resident, addressed concerns about updating municipal codes for solicitors and peddlers. Mr. Budreski submitted documents to the City Clerk, reflecting information about House Bill 2371 which restricted mobile food vendors from residential zones. APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE OCTOBER 9, 2018 VOTING MEETING A motion was made by Councilmember Ray Malnar, seconded by Councilmember Bart Turner to approve the minutes of the October 9, 2018 voting meeting. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama City Council Meeting Minutes - October 23, 2018 Page 2 of 19 Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed PROCLAMATIONS AND AWARDS 2. PRESENTATION OF THE 2018 RUTH BYRNE HISTORIC PRESERVATION AWARD TO JESSICA KOORY Mayor Weiers presented the 2018 Ruth Byrne Historic Preservation Award to Ms. Jessica Koory. Ms. Koory was selected for her work as a member of the Historic Preservation Commission and for promoting Glendale's rich heritage for many years. Ms. Koory thanked the Historic Preservation Commission for the award. She said history was her passion, and Glendale had a rich history worth perserving and protecting. PROCLAIM OCTOBER 2018 AS ENVIRONMENTAL EXCELLENCE MONTH Mayor Jerry Weiers announced that the City's Water Services Department recently was awarded an "Environmental Excellence" award. He asked Councilmember Turner, a member of the Arizona Municipal Water Users Association Board of Directors, to present the proclamation. Councilmember Turner said the Glendale Water Services Department received Arizona Forward's "Environmental Excellence" Award for its one -of -a -kind Desert Food Forest Program. The program was considered the benchmark for promoting sustainability and inspiring civic and business leaders to preserve Arizona's future. Councilmember Turner proclaimed the month of October as Environmental Excellence Month. Joann Toms, Environmental Programs Administrator, along with the Conservation and Sustainable Living staff, accepted the proclamation. CONSENT AGENDA Ms. Bower read the Consent Resolutions by title. 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-24276, STAYBRIDGE SUITES PHOENIX-GLENDALE 4. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-22662, ROBLE'S MEAT SHOP CARNICERIA 5. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 5-23131, CHAVELAS 6. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH PROFORCE MARKETING, INC. AND EXPENDITURE AUTHORIZATION FOR THE PURCHASE OF WEAPONS AND SUPPLIES FOR THE POLICE DEPARTMENT UTILIZING A STATE OF ARIZONA COOPERATIVE PURCHASING CONTRACT 7. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH RWC INTERNATIONAL, LTD, FOR THE PURCHASE OF MEDIUM AND HEAVY DUTY CAB AND CHASSIS City Council Meeting Minutes - October 23, 2018 Page 3 of 19 8. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH DWL ARCHITECTS+PLANNERS, INC. FOR THE FIELD OPERATIONS MASTER PLAN UPDATE 9. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR PHASE 3 CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR THE BOOSTER PUMP STATIONS AND ADMINISTRATION BUILDING IMPROVEMENTS (GMP 2) AT THE CHOLLA WATER TREATMENT PLANT 10. AUTHORIZATION TO ENTER INTO A CONSTRUCTION MANAGER AT RISK AGREEMENT WITH PCL CONSTRUCTION, INC. FOR PROCESS AND BOOSTER PUMP STATION IMPROVEMENTS (GMP 2) AT THE CHOLLA WATER TREATMENT PLANT 11. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 1 TO SERVICE AND MAINTENANCE AGREEMENT C-4543 WITH INFOR PUBLIC SECTOR, INC., FOR THE CITY'S ANNUAL HANSEN MAINTENANCE RENEWAL CONSENT RESOLUTIONS 12. RESOLUTION NO. R18-151 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A SUB -RECIPIENT AGREEMENT (NO. 180808-02) WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF AN URBAN AREA SECURITY INITIATIVE GRANT PROGRAM AWARD FOR EQUIPMENT AND TRAINING FOR THE "GLENDALE POLICE 2018 UASI RRT SUSTAINMENT" PROJECT 13. RESOLUTION NO. R18-152 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A HIGHWAY SAFETY CONTRACT (NO. 2019 -AI -003) WITH THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE GRANT AWARD FOR PROFESSIONAL AND OUTSIDE SERVICES FOR THE GLENDALE POLICE DEPARTMENT ACCIDENT INVESTIGATION TRAINING PROJECT 14. RESOLUTION NO. R18-153 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A HIGHWAY SAFETY CONTRACT (NO. 2019-405b-004) WITH THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE GRANT AWARD FOR PERSONNEL SERVICES (OVERTIME) AND EMPLOYEE RELATED EXPENSES FOR THE GLENDALE POLICE DEPARTMENT OCCUPANT PROTECTION ENFORCEMENT PROJECT 15. RESOLUTION NO. R18-154 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A HIGHWAY SAFETY CONTRACT (NO. 2019 -PTS -019) WITH THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE GRANT AWARD FOR City Council Meeting Minutes - October 23, 2018 Page 4 of 19 PERSONNEL SERVICES (OVERTIME) AND EMPLOYEE RELATED EXPENSES FOR THE GLENDALE POLICE DEPARTMENT STEP ENFORCEMENT PROJECT 16. RESOLUTION NO. R18-155 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A HIGHWAY SAFETY CONTRACT (NO. 2019-405d-018) WITH THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE GRANT AWARD FOR PERSONNEL SERVICES (OVERTIME) AND EMPLOYEE RELATED EXPENSES FOR THE GLENDALE POLICE DEPARTMENT DUI/IMPAIRED DRIVING ENFORCEMENT PROJECT 17. RESOLUTION NO. R18-156 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A SUB -RECIPIENT AGREEMENT (NO. 180808-01) WITH THE ARIZONA DEPARTMENT OF HOMELAND SECURITY AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF AN URBAN AREA SECURITY INITIATIVE GRANT PROGRAM AWARD FOR EQUIPMENT AND TRAINING FOR THE "GLENDALE POLICE 2018 UASI TLO SUSTAINMENT" PROJECT 18. RESOLUTION NO. R18-157 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS SITE IN CITY OF GLENDALE RIGHT-OF-WAY LOCATED AT 6020 NORTH 59TH AVENUE, GLENDALE, ARIZONA WITH COX COMMUNICATIONS ARIZONA, LLC 19. RESOLUTION NO. R18-158 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS SITE IN CITY OF GLENDALE RIGHT-OF-WAY LOCATED AT THEN INTERSECTION OF NORTH 51 AVENUE AND WEST NORTHERN AVENUE, GLENDALE, ARIZONA WITH MOBILITIE, LLC 20. RESOLUTION NO. R18-159 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS SITE IN CITY OF GLENDALE RIGHT-OF-WAY LOCATED AT 6711 WEST CAMELBACK ROAD, GLENDALE, ARIZONA WITH CINGULAR WIRELESS PCS, LLC DBA AT&T 21. RESOLUTION NO. R18-160 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ESTABLISHING THE TEMPORARY CITY CODE REVIEW COUNCIL COMMITTEE A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to approve Consent Agenda Items 3 through 11 and adopt Consent Resolutions 12 through 21. AYE: Mayor Jerry Weiers City Council Meeting Minutes - October 23, 2018 Page 5 of 19 Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed BIDS AND CONTRACTS 22. AWARD OF RFQ 8317 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH CON-WAL INC. DBA SOUTHWESTERN SALES, LLC FOR LANDFILL ALTERNATIVE DAILY COVER TARPS Ms. Bower read the item by title. A motion was made by Councilmember Ray Malnar, seconded by Vice Mayor Lauren Tolmachoff to approve item 22. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 23. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH PRO EM OPERATIONS, LLC., FOR THE RENTAL OF PORTABLE RESTROOMS AT GLENDALE FESTIVALS Ms. Bower read the item by title. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to approve item 23. Councilmember Clark said it was her practice to pull contracts with a term of five years or more and ask for a separate vote. She did not believe that portable restrooms, janitorial services for bus stops and traffic barricades were specialized items that required 5 -year contracts. Those types of contracts should be bid on a competitive basis every two years. Councilmember Clark would be voting no on items 23 through 27. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh City Council Meeting Minutes - October 23, 2018 Page 6 of 19 Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 24. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH BIO -JANITORIAL SERVICE, INC. FOR BUS STOP POWER WASHING AND TRASH COLLECTION SERVICES Ms. Bower read the item by title. A motion was made by Councilmember Bart Turner, seconded by Councilmember Jamie Aldama to approve item 24. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 25. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH TRAFFICADE SERVICE, INC. FOR PRIMARY CITYWIDE TRAFFIC BARRICADE SERVICES Ms. Bower read the item by title. A motion was made by Councilmember Ian Hugh, seconded by Councilmember Jamie Aldama to approve item 25. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 26. AUTHORIZATION TO AWARD RFP 18-60 AND ENTER INTO AN AGREEMENT WITH ROADSAFE TRAFFIC SYSTEMS, INC. FOR SECONDARY CITYWIDE TRAFFIC BARRICADE 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 26. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff City Council Meeting Minutes - October 23, 2018 Page 7 of 19 Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 27. AUTHORIZATION FOR SERVICE AGREEMENT WITH ARIZONA DOMESTIC BANQUET RENTALS AND SALES, DOING BUSINESS AS ARIZONA RENTALS INC., FOR TENT AND ACCESSORIES AT GLENDALE FESTIVALS Ms. Bower read the item by title. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to approve item 27. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 28. ORDINANCE NO. 018-74 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 7111 NORTH 83RD AVENUE FROM R1-6 (SINGLE RESIDENCE) AND R-4 (MULTIPLE RESIDENCE) EXISTING ZONING TO R1-4 PRD (SINGLE RESIDENCE WITH A PLANNED RESIDENTIAL DEVELOPMENT OVERLAY) FOR A DEVELOPMENT PLAN ENTITLED "JAAFAR ESTATES," AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. RESOLUTION NO. R18-161 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 GPA17-07 FOR PROPERTY LOCATED AT 7111 NORTH 83RD AVENUE. Presented by: David Williams, AICP, Planning Administrator Ms. Bower read the ordinance and resolution by title. Mr. Williams said the request was for both a minor general plan amendment and a public hearing for rezoning of the property which was located at 7111 North 83rd Avenue. The proposed zoning change would be from single and multi -family residence to single-family residence with a planned residential development (PRD) overlay which proposed 23 City Council Meeting Minutes - October 23, 2018 Page 8 of 19 single-family lots. Mr. Williams said if approved, the proposal would develop an under-utilized infill site which was currently vacant and provide new housing options for residents. On September 6, 2018, the Planning Commission recommended approval of the rezoning request subject to the stipulation that the development be in substantial conformance with the applicant's development booklet date-stamped July 16, 2018. Mayor Weiers opened the public hearing. Howard Cornell, representative for Jaafar Estates, said the development conformed to the preliminary plat that had been approved. Councilmember Clark asked if the property was purchased by the present owner in 2016 and if the property owner's intent was to buy the property and then file for a general plan amendment. Mr. Cornell said that was correct. Councilmember Clark asked if the property owner had a home builder who was interested in developing the subdivision. Mr. Cornell said the property owner intended to develop the property himself. Mayor Weiers closed the public hearing. A motion was made by Councilmember Ray Malnar, seconded by Vice Mayor Lauren Tolmachoff to adopt Resolution No. R18-161. Councilmember Clark said the amendment offered 23 lots on less that six acres with four houses per acre. It was not compatible with the existing properties to the south. The two closest subdivision properties were far larger than what the applicant was proposing. If approved, it would send a very strong signal to future development to the north to propose small lots that were incompatible with the area. Councilmember Clark said the property owner had purchased the property with the intention of asking for a general plan amendment to make the property profitable. That was not the way things were supposed to work and it was not the City's job to make the property owner whole. The property owner took a risk and there was nothing that said the City had to grant him an exception to the General Plan zoning that would set the standard for everything on the east side of 83rd Avenue. She asked Council to deny the request. Mayor Weiers asked for clarification regarding if the proposal was similar to existing subdivisions. Mr. Williams said it was similar and was basically two more homes on the property to get it to 3.5. Councilmember Clark said the proposal was for 3.5 medium density residential. The existing subdivisions were R-17 not PRD. She asked if the lots to the south were 7,000 square feet. Mr. Williams said that was correct. Vice Mayor Tolmachoff said lot size was not the only factor in property value and asked if there was any information on the type of product. City Council Meeting Minutes - October 23, 2018 Page 9 of 19 Mr. Williams said there was no information yet on what type of product it would be or the size and design of the homes. Vice Mayor Tolmachoff said Council still had the opportunity to assure that it would be a nice product which would be comparable in amenities and size to the existing homes. Councilmember Clark said Council had no information on the product and the size of the homes. Council did not have enough information to vote and could only vote on the facts that had been presented. Mr. Cornell said the architects would be designing the models for the site and the information of the square footage was not available. He said it was a down zone to go to the R1-4 PRD. Councilmember Aldama asked if the proposed development had been contentious in Councilmember Clark's district. Councilmember Clark said concerns were expressed at the neighborhood meeting. Residents were very concerned about the lot size and what type of product would be offered. Mr. Cornell said the plan was reviewed with the Glen Eden representative. Time was allotted for a response regarding concerns with the plan. No response was received. Mayor Weiers said Council could either take a vote on the motion or table the matter so that more information could be provided. Councilmember Turner asked if it was a down zoning and if it would be developed less densely than the current zoning allowed. Councilmember Clark said it was a down zone. The question was how it fit in with existing development in terms of lot sizes and house products. The whole idea along the 83rd Avenue corridor was to preserve it as much as possible for large lot development. Vice Mayor Tolmachoff asked if it was possible to add a few stipulations that would satisfy Councilmember Clark and the rest of Council such as gating the community and a commitment to a specific product size that would not lower the property value of the nearby homes. Mr. Cornell said the owner had informed him that the home size would be approximately 1,800 to 2,000 square feet. The proposed street met City standards. If the community was gated, it would have been with a smaller street which would have made the lots a little larger. Councilmember Aldama asked Councilmember Clark if her concern was more about devaluing the homes around the project or if it was a desire not to have smaller homes in that community. Councilmember Clark said there had been a general desire and commitment to try to preserve the area for large lot development. The project did not fit with what had occurred in terms of development along 83rd Avenue. Councilmember Aldama asked if there was a policy not allowing homes that were smaller than 1,800 square feet in R4 zoning or that did not allow smaller lots. Mr. Williams said there was no policy. The vote on the motion was: City Council Meeting Minutes - October 23, 2018 Page 10 of 19 AYE: Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Bart Turner NAY: Mayor Jerry Weiers Councilmember Joyce Clark Councilmember Ray Malnar Passed Vice Mayor Tolmachoff said while she understood Councilmember Clark's concerns, she did not believe that lot size devalued the neighborhood. Mayor Weiers encouraged the property owner to work with Councilmember Clark to find something that would work for both of them in the area. A motion was made by Councilmember Ray Malnar, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-74. AYE: Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Bart Turner NAY: Mayor Jerry Weiers Councilmember Joyce Clark Councilmember Ray Malnar Passed Councilmember Turner was sympathetic to the concerns expressed by Councilmember Clark but it seemed that the property was entitled and moving in the right direction. 29. ORDINANCE NO. 018-75 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED EAST OF THE NORTHEAST CORNER OF 81ST DRIVE AND CAMELBACK ROAD FROM EXISTING ZONING SR -17 (SUBURBAN RESIDENTIAL) TO R1-8 (SINGLE RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "EL PRADO II," AND REZONING A PORTION OF THE ADJACENT DEVELOPMENT PLAN ENTITLED "EL PRADO" FROM EXISTING ZONING OF R1-8 PRD (SINGLE RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT) TO R1-6 PRD (SINGLE RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT) AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE IS RECORDED. RESOLUTION NO. R18-162 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 GPA18-06 FOR PROPERTY LOCATED EAST OF THE NORTHEAST CORNER OF 81ST DRIVE AND CAMELBACK ROAD. City Council Meeting Minutes - October 23, 2018 Page 11 of 19 Presented by: David Williams, AICP, Planning Administrator Ms. Bower read the ordinance and resolution by title. Mr. Williams said the project, "EI Prado II", was located east of the northeast corner of 81st Drive and Camelback Road. He said the request was to amend the General Plan from LDR 2.5 (Low Density Residential) maximum units per acre to MDR 3.5 (Medium Density Residential) residents per acre. Because the proposal would offer the transition buffer of R1-8 zoning between the R1-6 zoning to the east and SR -17 zoning to the west, the buffer of R1-8 within EI Prado was no longer needed. Mr. Williams said the Planning Commission voted to unanimously recommend approval at its public hearing on September 6, 2018. Mayor Weiers said the project would cut down on the foot traffic through the field, diminish the drug activity, assist with the irrigation situation and the wall would create a barrier between the homeowners that had the larger lots. Once the homes were built, a lot of the dust problems would subside. He asked Council to approve the request because it was a good plan and would improve the neighborhood. Councilmember Clark thanked the developer for being willing to go to a larger lot size that provided a buffer between R1-6 and the larger lots. Mayor Weiers opened the public hearing. Warren Wilfong, Ocotillo District resident, said with regard to daily traffic on 83rd Avenue and Camelback Road, he asked Council to address the stipulation to get the access lane into the property because 79th was only two blocks away and did not have an access into the neighborhood. Councilmember Aldama asked if there was a deceleration lane going into the property based on the peak hour traffic possibly exceeding 40 cars per hour. Mayor Weiers wanted to clarify that traffic did exceed 40 cars per hour. Mr. Williams said the stipulation referred to providing a right turn lane and it could be a deceleration lane. David Maguire, property owner, said a traffic study had been conducted to determine whether a deceleration lane would be required at the location. The traffic engineer presented a report to the City's traffic engineer, who agreed that the volume of the turning movements from Camelback Road into the subdivision would not warrant a deceleration lane. Councilmember Aldama asked when the data was collected. Mr. Maguire said the traffic engineer used the traffic counts the City provided as well as doing his own traffic counts but did not know when the data was collected. Mayor Weiers asked how many homes were being built and if it was correct that there was also an outlet with a traffic light onto 79th. Mr. Maguire said that was correct. It provided another access point mainly for emergency services, improving both pedestrian and automobile circulation. Mayor Weiers said one of the very first things that needed to be finished was what was currently City Council Meeting Minutes - October 23, 2018 Page 12 of 19 known as Bethany Home Road. It would eliminate a lot of traffic. Councilmember Turner did not see the need for the stipulation. Councilmember Clark did not think the deceleration lane was needed but the right turn lane was needed or the residents would not be able to get into the subdivision. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adopt Resolution No. R18-162. 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 Ordinance No. 018-75. 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 - ORDINANCES 30. ORDINANCE NO. 018-76 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING CITY CODE CHAPTER 18- GARBAGE AND TRASH. Presented by: Michelle Woytenko, Director, Field Operations Ms. Bower read the ordinance by title. Ms. Woytenko said the proposed ordinance would provide residents who utilized solid waste services with a once -per -month alternative or additive to bulk trash services. The language regarding the once -per -month restriction had been inadvertently removed previously. Ms. Woytenko said Council authorized several position reclassifications, including reclassifying the Public Works Director to Assistant City Manager, which left the administrator of Chapter 18 unassigned. The revision clarified the residency verification and fee waiver policy at the landfill as well as changed the administrator to the City Manager. It also replaced the term "sanitation" City Council Meeting Minutes - October 23, 2018 Page 13 of 19 with the term "solid waste" throughout the chapter. Ms. Woytenko said the Business Council Committee reviewed the proposed changes at its September 20, 2018 meeting and recommended the changes be presented to Council. At its meeting on September 5, 2018, the Citizens Utility Advisory Commission reviewed the proposed changes and also recommended the changes be presented to City Council. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to adopt Ordinance No. 018-76. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed ORDINANCES 31. ORDINANCE NO. 018-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 25, ARTICLE VIII, SECTION 25-90 ENTITLED CAMPING PROHIBITED; EXCEPTIONS, BY ADDING A NEW SUBSECTION NUMBERED AS (b)(4). Presented by: Chris LeVander, Assistant Police Chief Ms. Bower read the ordinance by title. Assistant Police Chief LeVander said the proposed ordinance would add a new subsection, (b)(4), which would have the effect of adding an additional exception to make the Code consistent with current case law. Subsection (b) listed activities that were not punishable under the section: 1) camping on own property; 2) camping authorized by permit; and 3) tailgating. The Police Department did not enforce against homeless individuals when an alternative shelter was not available. The proposed new subsection, (b)(4), stated, "No criminal sanction shall be imposed against individuals sleeping outdoors on public property when no alternative shelter was available to them." Assistant Police Chief LeVander said enforcement had been consistent with the current Ninth Circuit Court of Appeals decision, Martin v. Boise, but in order to stay in compliance and to make the ordinance lawful on its face, staff was recommending Council adopt the proposed ordinance. Councilmember Clark asked if the changed watered down the Code a little bit. Assistant Police Chief LeVander said that was correct. City Council Meeting Minutes - October 23, 2018 Page 14 of 19 Councilmember Clark asked if there were civil penalties. Assistant Police Chief LeVander said all of the City Code involved misdemeanors that were criminal in nature. He did not believe there were any civil penalties. Councilmember Clark asked if it would be possible to institute some civil penalties. Assistant Police Chief LeVander said it could be discussed. Councilmember Malnar asked if a property owner with a large lot gave permission to camp to someone that was not a family member, would it be allowed. Assistant Police Chief LeVander said it would be allowed. Mayor Weiers asked what was the definition of "camping." Assistant Police Chief LeVander explained if it was 2:00 a.m. and an individual had bedding, pots and pans, etc., then urban camping would come into play and if it occurred on private property, officers had the option to issue a trespass warning. First and foremost was to try and get assistance to the individuals who needed it. Mayor Weiers asked if it would take care of a situation such as someone setting up camp at a bus stop shelter. Assistant Police Chief LeVander believed it would. Vice Mayor Tolmachoff asked if the individual did not accept a ride to a shelter, then would enforcement take place. Assistant Police Chief LeVander said if the individual refused to move, officers could take enforcement action. The department did not run into such situations very often. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Joyce Clark to adopt Ordinance No. 018-77. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed 32. ORDINANCE NO. 018-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING DESIGNATED OFFICERS TO DEPOSIT AND WITHDRAW CITY FUNDS FROM DESIGNATED BANK ACCOUNTS; DIRECTING ALL BANKS WITH CITY ACCOUNTS TO RECOGNIZE THE SIGNATURES OF SAID OFFICERS ON ELECTRONIC FUND TRANSFERS, CHECKS FOR DEPOSIT AND/OR WITHDRAWAL; AND DECLARING AN EMERGENCY. City Council Meeting Minutes - October 23, 2018 Page 15 of 19 Presented by: Vicki Rios, Director, Budget and Finance Ms. Bower read the ordinance by title. Ms. Rios said the proposed ordinance updated the City's signature authority for banking transactions. It also appointed Christopher J. Anaradian, Assistant City Manager, as Superintendent of Streets which was required because there were certain places in the Code and the City Charter with duties that need to be assigned to a Superintendent of Streets. A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Ordinance No. 018-78. 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 33. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH TRAVERSE BAY PROPERTIES LLC, AND EXCEED BUDGET APPROPRIATION IN FISCAL YEAR 2018-19 UNTIL A CASH AND BUDGET APPROPRIATION TRANSFER CAN BE REQUESTED Presented by: Kevin R. Phelps, City Manager Michael D. Bailey, City Attorney Ms. Bower read the item by title. Mr. Phelps said the authorization would provide the necessary funds to complete a negotiated agreement between John Lund doing business as Traverse Bay Properties LLC and the City on a development agreement that was originally formed in 2004. The agreement would allow the City to eliminate approximately $400,000 annually in carrying costs by eliminating a debt that carried a 6% interest charge. It also allowed new sales tax being collected at the Arrowhead Cadillac site to start being plugged into the General Fund for future allocation. A motion was made by Councilmember Ian Hugh, seconded by Vice Mayor Lauren Tolmachoff to approve Item 33. 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 - October 23, 2018 Page 16 of 19 Mayor Weiers said it was one more step Council was able to accomplish, largely in part at the City Manager's direction, that would make a big difference. It would help Council get to its goal that was set over two years ago. 34. TEMPORARY CITY CODE REVIEW COUNCIL COMMITTEE ASSIGNMENTS Presented by: Sam McAllen, Development Services Director Ms. Bower read the item by title. Mr. McAllen said the request was for Council to discuss and appoint three (3) Councilmembers to serve on the temporary City Code Review Council Committee. The action was the next step in the process of forming the temporary committee which was approved earlier in the agenda. Councilmember Malnar nominated Councilmember Joyce Clark. Councilmember Clark nominated Councilmember Ray Malnar. Vice Mayor Tolmachoff nominated Councilmember Bart Turner. Councilmember Aldama nominated himself to be on the Committee. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Bart Turner to appoint Councilmember Malnar. 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 Ray Malnar, seconded by Councilmember Ian Hugh to appoint Councilmember Clark. 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 Vice Mayor Lauren Tolmachoff, seconded by Councilmember Joyce Clark to appoint Councilmember Turner. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama City Council Meeting Minutes - October 23, 2018 Page 17 of 19 Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed Mayor Weiers said the three Council positions were filled. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor Lauren Tolmachoff, seconded by Councilmember Ian Hugh to hold a regularly scheduled Council Workshop on Tuesday, November 13, 2018 at 12:30 p.m. in City Council Chambers to be followed by an executive session 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 reminded residents of the Fall Ocotillo District Meeting on October 24, 2018 from 5:30 p.m. to 7:30 p.m. at the Ceremony Shop located in Catlin Court at 7150 N. 57th Avenue. Councilmember Aldama welcomed the new Assistant City Manager Chris Anaradian to the City and looked forward to working with him. Councilmember Clark said her smaller upcoming district meeting covered the area from 67th Avenue to 75th Avenue and Camelback to Missouri. She invited residents living within those boundaries to attend on November 1, 2018 at 6:00 p.m. at the Bicentennial South Elementary School cafeteria. Councilmember Malnar also welcomed Mr. Anaradian to the City. Councilmember Turner welcomed new Street Superintendent Anaradian to the City. Vice Mayor Tolmachoff said the Cholla District Holiday Mixer would be held on Wednesday, December 12, 2018 from 5:30 p.m. to 7:30 p.m. It would feature an Ugly Sweater Contest as well as food and beverages. Vice Mayor Tolmachoff welcomed Mr. Anaradian to the City. ADJOURNMENT Mayor Weiers adjourned the meeting at 7:24 p.m. City Council Meeting Minutes - October 23, 2018 Page 18 of 19 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 23rd day of October, 2018. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of November, 2018. J ' K. Bower, MMC, City Clerk City Council Meeting Minutes - October 23, 2018 Page 19 of 19