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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/23/1990MINUTES OF THE WORKSHOP SESSION OF THECITYCOUNCILOFTHECITYOFGLENDALE, MARICOPA COUNTY, ARIZONA HELD TUESDAY, JANUARY 23, 1990 AT 3:10 P.M. Mayor Renner called the Workshop Session of the GlendaleCityCounciltoorderintheWorkshopRoom, B-3, in theGlendaleCouncilChambers. Council members present were: Bellah, Falbo, Huffman, Hugh and Tolby. Members Absent: McAllister. Also present were Martin Vanacour, City Manager; GordonL. Pedrow, Assistant City Manager; Peter Van Haren, CityAttorneyandLindaGinn, Deputy City Clerk. WORKSHOP SESSION 1. REQUEST TO CLOSE 57TH AVENUE Staff briefed Council by stating the City has received a request from residents of the North Place Subdivision to close 57th Avenue to through traffic between Peoria and Desert Cove Avenues. Residents are concerned about safety conditions on 57th Avenue, especially in relation to children playing in the area and the speed of traffic on the street. Under their request, 57th Avenue would be barricaded approximately at the boundary between the North Place Subdivision and the Glendale Galleria Shopping Center. Hugo Malanga, City Traffic Engineer, stated that results of traffic studies conducted by his staff indicated that conditions on the street are typical of those on other quarter mile streets in Glendale. As a quarter mile street, 57th Avenue is constructed to collector street standards (44 feet) and could typically be expected to carry 1000 or more vehicles per day. Currently, 620 vehicles use the street at the south end of the subdivision. He said he is concerned that closing the street as requested will divert traffic to other residential streets within the subdivison. Staff is further concerned that closing the street will set a precedent for closing requests on streets with similar or worse traffic conditions. Because of the recent publicity given to the proposed 57th Avenue closure, the City has already received another request for a street closure. Mr. Malanga stated that after doing a traffic study, staff reached the conclusion that there was no particular overriding problem from a traffic engineering standpoint that warranted closing the street. However, he further stated it is was difficult to balance neighborhood concerns with the need to maintain good street systems for traffic circulation and 124- general public use. They therefore met with concernedneighborsandstatedtheirreservationswithclosingthestreet. One alternative that was discussed at the meetingwasplacingoneortwofour-way stops along 57th AvenuebetweenDesertCoveandPeoriaavenues. Two representatives from the citizens group, Mr. CarlLovitoandMr. Roger Downey expressed their appreciation forthecitystaff's efforts and stated that they have very realconcernswiththesafetyfactoroftheirneighborhood. TheyareconcernedthattheGlendaleGalleria, which is only 50% full now, will present more of a traffic hazard to theirneighborhoodwhenfulloccupancyisreached. Mr. Lovitostatedthathisgroupisreceptivetotryingsomeofthe alternatives voiced by staff (four-way stops) and will try to work with staff to mitigate the problem. Council asked that this item be brought back to them for further review after an evaluation period on the four-way stop. 2. ZONING ORDINANCE TEXT AMENDMENT - Z-89-15: SECONDHAND STORES Staff summarized the issue by stating at previous workshops, the City Council discussed secondhand stores in relationship to the zoning ordinance regulations. Council then directed staff to prepare zoning ordinance text amendments which would accomplish the following: (1) provide a definition for secondhand stores; (2) regulate collection boxes so they are secure and not visually detracting; and (3) continue the present regulation which would require a use permit for secondhand stores in the C-2 zoning district. Mr. Bob Coons, Planning Director, stated the proposed text amendment accomplishes the objectives identified by Council and provides consistent regulation for all retail activities that involve the sale of secondhand goods. The proposed amendments add no new restriction on secondhand stores, but formalizes conditions of approval that are now normally attached to use permits approved for secondhand stores. These conditions include the screening of outdoor storage areas and the securing of collection boxes, and are included in the test of the ordinance amendment. The ordinance amendment furthers the stated objectives of the adopted General Plan to improve the visual quality of the community. The Planning and Zoning Commission unanimously recommended approval of this zoning ordinance text amendment at their January 4, 1990, public hearing. Mayor Renner asked staff if representatives of the businesses involved participated in any of the discussions on 125- this issue. Staff responded not specifically. Mr. Coonsstatedthatinthelastcoupleofweekshisstaffhadcontactedallsecondhandbusinesseslistedinthephonebooktoinformthemoftheproposedchangeintheordinance. Councilman Huffman stated that he had a concern withtreatingsecondhandbusinessesdifferentlythanbusinesseswhosellnewgoods. He said he didn't see why the same rulescouldn't be made to apply to both secondhand and new stores. Mr. Coons stated that the main concern of staff andCouncilwastheoutdoorcollectionareasparticularlyofthesespecificbusinesses. Discussion ensued on theconditionsoftheoutdoorcollectionareas. Mayor Renner stated for clarification that currently secondhand uses were now secured through the use permit process and that staff was proposing to add verbiage to the ordinance that would allow the use without having to go through the use permit process. Council suggested that this item be brought forward for formal consideration and comment at a future Council meeting. Council discussed item number three and four together.) 3.ZONING ORDINANCE TEXT AMENDMENT - Z-89-16: OUTDOOR SALES Staff briefed Council on this item by stating at previous workshops, the City Council discussed street corner sales and vendors and the need for additional zoning ordinance regulations. Council then directed staff to prepare a zoning ordinance text amendment which would address the issue of outdoor sales of goods and materials along City streets. The proposed text amendment contains the following ordinance regulations: (1) a definition for outdoor sales; 2) a prohibition of street corner sales and vendors in all zoning districts; (3) an allowance for outdoor sales which is incidental to a business in a permanent building; and (4) a requirement for all incidental outdoor sales to not interfere with pedestrian and vehicle access, fire lanes, required parking areas, landscaping, or traffic visibility standards. The proposed ordinance amendment furthers the objective of the General Plan to enhance the visual quality of the community. In addition, traffic safety will be enhanced without the visual distraction of street vendors and the abrupt turning movements of motorists at or near intersections or along major streets. 126- The Glendale Chamber of Commerce Board of Directorssupportstheproposedordinanceamendment. The Planning andZoningCommissionunanimouslyrecommendedapprovalofthiszoningordinancetextamendment, Z-89-16, at their January 4, 1990, public hearing. 4. ZONING ORDINANCE TEXT AMENDMENT - Z-89-17: SEASONALSALESStaffbriefedCouncilbystatingtheoutdoorsalesoftraditionalandseasonalitems, Christmas trees andpumpkins, is a special type of outdoor sales that warrantsdifferentregulationsandrestrictionsthanmostoutdoorsalesinthattheyareseasonal, temporary, often non-profit, and have a traditional value to the community. The sale of Christmas trees and pumpkins in Glendale is presently reviewed administratively without any zoning ordinance regulation. The proposed ordinance amendment formalizes the review process now conducted to permit seasonal sales and accomplishes the following: (1) defines seasonal sales as the sale of Christmas trees and pumpkins on a temporary basis; (2) requires written approval of the planning director; and (3) allows the planning director to attach development conditions dealing with safety, access, temporary site improvements, aesthetics, and the duration of the sales. The Planning and Zoning Commission unanimously recommended approval of this zoning ordinance text amendment, Z-89-17, at their Janaury 4, 1990, public hearing. Vice Mayor Tolby asked if a flower shop in a strip center would be allowed to put some of their flowers outside and have a sale similar to a sidewalk sale. Mr. Coons, Planning Director, replied that a single -user flower shop in a center would be allowed to have an incidental outdoor sale. He further explained that for example a pet shop would not be able to have someone stand outside and sell flowers. As long as the sale merchandise directly relates to the type of merchandise sold in the store, the store would be allowed to have an outdoor sale. Vice Mayor Tolby then stated that he had had an inquiry from a local veterinarian questioning if it would be possible to have vaccination clinics on street corners. Mr. Coons stated that they would not be allowed on sidewalks or on public property. Mr. Coons stated that there would be some interpretation needed from the Planning Director and as long as there was some public benefit and it was strictly a temporary affair, he would be inclined to allow it. Mr. Tolby asked if something like a vaccination clinic would have to be sponsored by a pet store in a center. Mr. Coons stated there would have to be a link between the use and a business 127- on site. Vice Mayor Tolby then asked if a county sponsoredvaccinationclinicwasheldinsideamallifitwouldbeallowedunderthisordinance. Mr. Coons replied that as longastherewasrelateduse (pet shop) within the mall therewouldbenoproblem. Vice Mayor Tolby then asked what wouldhappenifthevaccinationclinicmovedoutsidetotheparkinglot. Mr. Coons replied that would have to be left up to thediscretionandjudgementofthePlanningDirectorastowhetheritwouldbeallowedundertheproposedamendedordinance. Councilman Bellah stated that he did not support theordinanceasitwaspresented. He does not agree with havingsomanydifferentordinancesandfeelsthatoneordinance encompassing the various areas could be drafted. Staff stated the reason for having the various ordinances was to allow their placement in the City Code. This particular ordinance would be placed in the zoning section. Councilman Bellah asked how this would affect the Arts Festival and the Saturday in the park sales. Mr. Coons responded that if it is on the public property in the city park, it is governed by the existing special events and sections of the city code. Mr. Coons stated this ordinance is just for private property. Councilman Bellah then asked how this would affect flower sales on the corners. Mr. Coons replied that some flower sales would fall under the seasonal sales provision but that it would be difficult to allow flower sales and prohibit other sales i.e. pinata sales and brass items. Councilman Bellah stated that he would hate to see the flower vendors excluded from selling. Councilman Hugh asked if the flower vendors would have to come in and apply for a special permit for an upcoming occasion in order to sell flowers under this proposed ordinance. Mr. Coons responded that if it were put under the seasonal ordinance, the vendor would have to come and get approval from the Planning Director. It would be for a thirty day maximum time and location would also be a consideration. Councilman Huffman stated that he hoped that staff would carefully consider sales relating to Hispanic, historical or cultural significance in the proposed amendment. He used items relating to Fiesta celebrations as example. He further clarified that he did not want to discriminate against traditional cultural events or practices that are enjoyed by any minority. Discussion ensued on a broader seasonal, cultural definition. Mr. Van Haren, City Attorney, stated that the problem resting discretion in an administrative agent Planning Director) is that the decision can be attacked as 128- arbitrary if there are not sufficient guidelines on which tomakethedecision. Discussion ensued regarding different organizationsbeingallowedtohaveoutdoorsalesforfundraisingprojects. The suggestion was made to delineate from the perspective ofprofit/non-profit to address fundraising projects. Council suggested broadening the definition of seasonalanddelineatingonthebasisofprofit/non-profit andbringingthesetwoitems (item number three and four) back toworkshopforfurtherreviewandcomment. Council alsosuggestedkeepingtheChamberofCommerceapprisedofthere -drafts on these items. 5. SALE OF EXCESS TREATMENT PLANT CAPACITY -91ST AVENUE WASTEWATER TREATMENT PLANT City Manager Vanacour briefed Council on this issue by stating the City of Glendale, as a member of the 91st Avenue Sub -Regional Operating Group (SROG), currently owns 23.5 million gallons per day of treatment capacity at the 91st Avenue Wastewater Treatment Plant. As a result of the Arrowhead Ranch Wastewater Treatment Plant and future plans for water reuse projects, the City of Glendale currently owns excess capacity in the facility of 10.3 million gallons per day. Jennele Morris, Assistant City Attorney summarized this item by stating the City of Glendale has negotiated with the City of Phoenix to sell the excess 10.3 million gallons for a fee of $14,000,000. This proposal has received the approval of the Glendale City Council Utilities and Budget/Finance Committees. The City of Glendale will continue to own approximately 13.2 million gallons of treatment capacity at the regional treatment plant at 91st Avenue. The City currently contributes 9.5 million gallons per day of wastewater to the facility. Current projections indicate that wastewater flows to the 91st Avenue facility will approach 13.1 million gallons per day within the next 5-7 years. The sale of capacity will eventually require the City to invest future funds in treatment capacity. That capacity will likely be in water reclamation facilities. These facilities are being planned for treating wastewater and reusing the treated water for irrigation of park lands and right-of-way landscaping. The proceeds of the sale of capacity will be used to pay off high interest bonds purchased in the past. The impact of the early pay-off will be to reduce the long term bond debt. 129- The total savings in interest and principal by this actionwillbeapproximately $29,000,000 over the next 14 years. This item will be placed on a future Council agenda forformalconsideration. 6. REQUEST FOR PROPOSAL FOR CONTRACTING IRRIGATION SERVICEWATERDELIVERY) Ken Reedy, Deputy City Manager, Public Works briefedCouncilonthisitembystatinginpreparationforameetingtoupdatetheCouncilBudgetandFinanceCommitteeinDecember, 1989, staff prepared an irrigation reporthighlightingcurrentlevelofserviceandissuesthatneeded evaluation prior to the start of another_ irrigation season. One of the issues discussed with the committee related to the personnel costs of the City employees who actually provide the delivery portion of the service compared with the possible cost of hiring a contract provider to deliver the irrigation water. The Budget and Finance Committee recommended that staff develop and draft a Request for Proposal for contracting irrigation delivery service that could be compared with the current City cost to provide the service. Irrigation season is scheduled to commence within the first two weeks of April 1990. If the City Council wishes to evaluate proposals to contract this service it is necessary that the Request for Proposals be sent out in the near future to allow adequate time to review and award a contract. Discussion ensued on the pro's and con's of contracting out the irrigation delivery service. Vice Mayor Tolby maintained that he felt the Council needed to make a decision on whether they wanted to contract out the irrigation service as expediently as possible because irrigation season is just about ninety days away. Discussion was held about utilizing the current irrigation staff in the parks department if Council decides to contract the irrigation service. Councilman Falbo made a suggestion to break this item into bid areas; one for the actual delivery of the water and one for the repair and maintenance required of the irrigation system. Council suggested that this item be placed on a future Council agenda for formal consideration with the suggestion of breaking this bid into two areas; (1) delivery and (2) maintenance and providing the additional specifics of indemnity and workman's comp as suggested by the Attorney's office. 130- 7. INTERGOVERNMENTAL REPORTMarionPorch, the Intergovernmental Liaison, briefed theCouncilonstateandfederallegislativeissuesandrelatedmatters. This item is for information only. COUNCIL COMKENTS AND SUGGESTIONSNone. There being no further items to come before the Council, the meeting adjourned at 5:20 p.m. vYu cv liYYry Deputy City Clerk 131-