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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 8/11/2020 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 (0 Glendale A R I Z O N A Meeting Minutes Tuesday, August 11, 2020 5:30 P.M. Voting Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff 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 Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Vicki Rios, Assistant City Manager Jack Friedline, Assistant City Manager PRAYER/INVOCATION The invocation was offered by retired Pastor Tom Wick, First United Methodist Church. POSTING OF COLORS PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE JUNE 23, 2020 VOTING MEETING A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to approve the minutes of the June 23, 2020 voting meeting. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 2. APPROVAL OF THE MINUTES OF THE JULY 9, 2020 SPECIAL MEETING A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to approve the minutes of the July 9, 2020 special meeting. City Council Meeting Minutes - August 11, 2020 Page 2 of 22 AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed BOARDS, COMMISSIONS AND OTHER BODIES 3. APPROVE RECOMMENDED APPOINTMENTS TO BOARDS, COMMISSIONS & OTHER BODIES Presented by: Councilmember Aldama A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Lauren Tolmachoff to appoint Cooki Peverini to the Community Development Advisory Committee for a term ending June 30, 2022; Ezekiel Ojo to the Community Development Advisory Committee for a term ending June 30, 2022; Calvin Carbello to the Library Advisory Board for a term ending 1/31/2021; Lisa Baker as Chair of the Community Development Advisory Committee for a term ending June 30, 2021; and Leslee Miele as Vice Chair of the Community Development Advisory Committee for a term ending June 30, 2021. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed Mayor Weiers administered the oath of office to those present. CONSENT AGENDA Ms. Bower read the Consent Resolutions by title. 4. RECOMMEND PROTEST OF LIQUOR LICENSE NO 600000002-1-10, CHIMNEY DAZE SMOKE & VAPE SHOP, 4744 W GLENDALE AVENUE Presented by: Lisette Camacho, Director, Budget and Finance 5. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000004-1-06, KETTS PLACE, 5304 NORTH 59TH AVENUE 6. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH LANE AWARD MANUFACTURING FOR THE PURCHASE OF AWARDS, RECOGNITIONS AND PROMOTIONAL PRODUCTS AND SERVICES City Council Meeting Minutes - August 11, 2020 Page 3 of 22 7. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH BALZIC ENTERPRISE, LLC DOING BUSINESS (DBA) AS M & J TROPHIES AND APPAREL FOR THE PURCHASE OF AWARDS, RECOGNITIONS AND PROMOTIONAL PRODUCTS AND SERVICES 8. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH ALLKIOSK LLC FOR PAYMENT KIOSK SERVICES Presented by: Lisette Camacho, Director, Budget and Finance 9. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 2 TO INCREASE EXPENDITURE OF THE SERVICES AGREEMENT WITH GUARANTEED DOOR SERVICES, INC. 10. AUTHORIZATION TO APPROVE AN AGREEMENT WITH LINK ELECTRONICS FOR CLOSED CAPTIONING EQUIPMENT AND ANNUAL MAINTENANCE CONTRACT AND RATIFY EXPENDITURES 11. AUTHORIZATION TO ENTER INTO AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH J2 ENGINEERING AND ENVIRONMENTAL, LLC, TO PROVIDE DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE SPLASH PAD AT O'NEIL PARK Presented by: David D. Beard, P.E., City Engineer Jim Burke. Director. Public Facilities, Recreation and Special Events Ms. Bower read the item by title. Mr. Beard said the request would authorize Amendment 1 to the professional services agreement with J2 Engineering and Environmental Design, LLC (J2), in an amount not to exceed $65,334.65 for design and construction administration services related to the Splash Pad at O'Neil Park. The requested amount together with the current not to exceed amount was $155,334.65 for the agreement. Mr. Beard said in December of 2019, Council authorized J2 to start the first phase of the design for the splash pad at O'Neil Park. The agreement included a phased architectural design service for the project. The Phase I scope included development of 90% design construction documents for a new splash pad in the site of the former pool and bathhouse. Phase II included the final design of the splash pad, bid and award services, and construction administrative support services. Councilmember Aldama asked why it had taken so long to get this far. The project had been approved in December. Mr. Burke said the first phase of the contract was anticipated to take 180 days and it had been completed in that timeframe. The final phase was being brought to Council at the first meeting of the new fiscal year. Councilmember Aldama asked if there had been a public input process for the project. Mr. Burke said there had not been any community outreach. The project evolved over several fiscal years and discussions with Council. The City had received a Community Development Block Grant (CDBG) to demolish the old pool. Councilmember Aldama asked what the construction schedule would be. Mr. Beard said the design documents would be completed by October and 6 to 9 months was City Council Meeting Minutes - August 11, 2020 Page 4 of 22 anticipated for construction. There was a long lead time on some of the equipment and that could affect the completion date. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Jamie Aldama to approve item 11. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 12. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH VINCON ENGINEERING CONSTRUCTION, LLC., FOR PAVEMENT PRESERVATION AND REPAIR SERVICES 13. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH ACE ASPHALT OF ARIZONA, INC., FOR PAVEMENT PRESERVATION AND REPAIR SERVICES 14. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH FCI CONSTRUCTORS, INC. FOR JOB ORDER CONTRACTING SERVICES FOR CITYWIDE CONSTRUCTION CONSENT RESOLUTIONS 15. RESOLUTION NO. R20-92 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A MEMORANDUM OF AGREEMENT BETWEEN THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE GLENDALE POLICE DEPARTMENT FOR THE REIMBURSEMENT OF OVERTIME SALARY COSTS ASSOCIATED WITH THE ATF TASK FORCE. 16. RESOLUTION NO. R20-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A GRANT AGREEMENT (NO. ACESF-21-023) WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR ACCEPTANCE AND EXPENDITURE OF THE ARIZONA CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM AWARD IN THE APPROXIMATE AMOUNT OF $163,086 FOR PERSONNEL (OVERTIME), PROFESSIONAL & OUTSIDE/CONSULTANT & CONTRACTUAL SERVICES, AND OPERATING EXPENSES (SUPPLIES) TO PREVENT, PREPARE FOR, AND RESPOND TO THE CORONAVIRUS. City Council Meeting Minutes - August 11, 2020 Page 5 of 22 17. RESOLUTION NO. R20-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A GRANT AGREEMENT (NO. 2020 -VD -BX -1656) WITH THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM AWARD IN THE APPROXIMATE AMOUNT OF $266,504 ON BEHALF OF THE GLENDALE POLICE DEPARTMENT. 18. RESOLUTION NO. R20-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A GRANT AGREEMENT (NO. CV 19-20-008) WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR ACCEPTANCE AND EXPENDITURE OF THE PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM AWARD IN THE APPROXIMATE AMOUNT OF $2,444 TO IMPROVE FORENSIC SCIENCE SERVICES. 19. RESOLUTION NO. R20-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ACCEPTANCE OF THE ARIZONA CENTRAL REGION COVID-19 GRANT FUNDING IN THE APPROXIMATE AMOUNT OF $10,000 ON BEHALF OF THE GLENDALE FIRE DEPARTMENT AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS FOR PERSONAL PROTECTIVE EQUIPMENT (PPE) DUE TO THE ONSET AND CONTINUATION OF THE CORONAVIRUS (COVID-19) PANDEMIC. 20. RESOLUTION NO. R20-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH NATIONAL PURCHASING PARTNERS (NPP) FOR THE PURPOSE OF MAKING COOPERATIVE PURCHASES. 21. RESOLUTION NO. R20-98 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INDEPENDENT CONTRACTOR AGREEMENT WITH ARIZONA COMMUNITY ACTION ASSOCIATION DBA WILDFIRE FOR COMMUNITY ACTION PROGRAM FUNDING EFFECTIVE JULY 1, 2020 TO JUNE 2021. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Joyce Clark to approve Consent Agenda items 4 through 10, 12 through 14 and adopt Consent Resolutions items 15 through 21. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh City Council Meeting Minutes - August 11, 2020 Page 6 of 22 Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed BIDS AND CONTRACTS Ms. Bower read the Bids and Contracts items by title. 22. AWARD RFP 20-41 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH KANOPY, LLC FOR ELECTRONIC RESOURCES Ms. Bower read the item by title. A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to approve item 22. Councilmember Clark said, as was her practice, she would be voting no on the current and next item. She did not believe a 5 -year contract was appropriate for the services being provided. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 23. AWARD RFP 20-41 AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH OVERDRIVE FOR ELECTRONIC RESOURCES Ms. Bower read the item by title. A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Ian Hugh to approve item 23. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed City Council Meeting Minutes - August 11, 2020 Page 7 of 22 24. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH TORRENT RESOURCES, INC. FOR DRYWELL MAINTENANCE, INSTALLATION AND REPAIR SERVICES Ms. Bower read the item by title. A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to approve item 24. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 25. RESOLUTION NO. R20-99 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 GPA19-10 FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GLENDALE AVENUE AND 83RD AVENUE. ORDINANCE NO. 020-55 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF GLENDALE AVENUE AND 83RD AVENUE FROM NSC (NEIGHBORHOOD SHOPPING CENTER) TO PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "G83 PLAZA," AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: George Gehlert, Planning Project Manager Ms. Bower read the resolution and ordinance by title. Mr. Gehlert said the request was for a General Plan Amendment (GPA) from Planned Commercial (PC) to Corporate Commerce Center (CCC) and a rezone from Neighborhood Shopping Center (NSC) to Planned Area Development (PAD) to allow for a mixed-use PAD. The project area was 8.23 acres and was currently vacant. The applicant was Jon M. Froke, Urban Planning, LLC. Mr. Gehlert said the following was being proposed: 15,000 square feet of retail on 1.2 acres 5,000 square feet of commercial on 1.2 acres 88 multi -family units on 5.05 acres City Council Meeting Minutes - August 11, 2020 Page 8 of 22 Mr. Gehlert said the request was consistent with the General Plan; complemented adjacent development at Westgate; and encouraged infill and a greater variety of land uses, housing types and design. Mr. Gehlert said staff was recommending approval subject to the following stipulations: 1. The site plan dated May 1, 2020 and elevations dated May 1, 2020 are considered conceptual and are subject to design review. 2. The applicant shall work with the City's Transportation Department to resolve the design, location and number of access points to the site. The number of access points, width of the access, and design of the driveways shall adhere to the City of Glendale's Engineering Standards. 3. The applicant shall submit a Traffic Impact Study (TIS) at the time of design review submittal. The study shall be performed in accordance with the procedures/requirements of the Maricopay Cuonty Department of Transportation (MCDOT) Traffic Impact Study Manual. 4. The developer shall provide the half street right-of-way dedication along Glendale Avenue and 83rd Avenue with all associated roadway improvements that are listed in the City of Glendale's Engineering Standards. 5. The 12KV powerlines along 83rd Avenue shall be placed underground. 6. A minor lot division shall be required if buildings are to be developed over lot lines. 7. The developer shall record a Notice to Prospective Purchasers of the Proximity to Glendale Municipal Airport in order to disclose the existence and operational characteristics of the Airport to future owners or tenants of the property. 8. Design Review would be required. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Ray Malnar to adopt Resolution No. R20-99. Councilmember Clark said there was no end user for the property. The owner was requesting carte blanche approval for a variety of uses with no assurance that the proposed conceptual plan would become reality. Councilmember Clark wanted more specificity with regard to permitted uses on the site. She welcomed commercial development and supported the concept of a hotel and retail pads. The majority of the site has been designated for a 4 -story multi -family complex. It was not appropriate for the site and was not compatible with the surrounding area. Councilmember Clark said there were over 4,000 multi -family units either constructed, under construction or planned for the Westgate/Zanjero area, which was an appropriate location for mass and density. Councilmember Clark said the applicant's representative, Mr. Froke, had stated at the June 4th Planning Commission meeting that there would be no residential component and the applicant would agree to stipulations to reduce the amount of multi -family. Councilmember Clark offered the following stipulations: 1. Any multi -family constructed on the site shall be no more than two stories in height. 2. Multi -family can comprise no more than 40% of developable land on the site. City Council Meeting Minutes - August 11, 2020 Page 9 of 22 3. The conditional land use of gasoline sales/convenience stores will not be permitted on the site. Mr. Froke said the site had been vacant for decades. One of the restrictions with the current zoning was that 50% of the site had to be developed or no development could occur. There were now end users for the site and it was under escrow to a local property developer. Mr. Froke said the Planning Commission had recommended approval of the requests. The applicant had agreed to the 8 stipulations. He had been presented with Councilmember Clark's three stipulations only an hour ago and the applicant could not live with the proposed stipulations. There was full neighborhood support for the project and no objections had been received. Mr. Froke said there were only 88 dwelling units being proposed. Vice Mayor Malnar said the objection was that the multi -family could be up to four stories. Mr. Froke said the nearest single-family from the multi -family component would be north of Glendale Avenue. If the multi -family developed, it would not be visible from the single-family units. The applicant had abandoned the Lamar Road alignment as requested by the Transportation Department. Vice Mayor Malnar asked what the objection was to Councilmember Clark's gasoline sales/convenience stores uses since there was an existing gas station located in the area. Mr. Froke said the preference was to have a financial institution on the corner but the applicant wanted the flexibility. The applicant would agree to the requirement of a conditional use permit for a gas station use. Vice Mayor Malnar asked what percentage of developable land was being proposed for the multi -family development. Mr. Froke said the 88 units would be on five acres. The applicant could probably accept three stories instead of four. He said it was approximately 50%. Councilmember Clark said the percentage presented previously by Mr. Froke was 61 %. It was five acres of an eight -acre site. It would consume the majority of the site. If the applicant did not think there would be multi -family developed, why was the applicant fighting so hard to retain multi -family. She asked if any of the end users were multi -family. Mr. Froke said none of the end users were multi -family. Councilmember Clark said a conditional use permit had already been granted for gasoline sales and a convenience store and that was why she had offered her third stipulation to remove it. It was speculative zoning to keep all options open. She said a 4 -story apartment complex was out of scale and character for the area. She was asking for the limit of a 2 -story apartment complex on 40% of the site and the removal of a competing conditional use permit. Mr. Froke said the zoning required a residential component. If it did not happen, the hotel would satisfy the requirement. Councilmember Clark said, in a previous conversation with Mr. Froke, she had indicated she would not support multi -family and he had assured her that multi -family was not the plan. She was surprised when she saw the conceptual plan with multi -family. City Council Meeting Minutes - August 11, 2020 Page 10 of 22 Councilmember Tolmachoff said the height would work for either the multi -family or the hotel. She assumed the proposed density was needed to make the project financially viable. Mr. Froke said that was correct. The applicant had owned the property for 17 years and had been unable to do anything with it. He did not know if it would develop with multi -family. Councilmember Tolmachoff said there had been no opposition to the proposal. Mr. Froke said the entire site had been zoned previously for multi -family. The owner had agreed to the current zoning in good faith but was unable to find users. Councilmember Clark said the 300 -foot notification radius would not have included the residential areas. It might be the reason why there had been no feedback from the neighbors. Councilmember Tolmachoff said the site had been posted with public hearing notices. Councilmember Turner said the parcel had been undevelopable with the current zoning and was an eyesore. The neighbors had no objection to the proposal. It was a parcel that everyone would like to see developed. Even with 4 -story apartments, it conformed to transitional density. He could support the project as proposed. Councilmember Aldama could support Councilmember Clark's first two stipulations but not the third. He did not think four stories was appropriate for the site. Vice Mayor Malnar offered a compromise of a 3 -story limit. Convenience stores did a lot of market research before deciding on a location. He would offer a compromise of 50% on Councilmember Clark's second stipulation. Councilmember Clark was willing to compromise on one but not both. She could agree to 2 stories and 50% or 3 stories and 40%. Mr. Froke said the applicant could agree to a 3 -story limitation and 40%. The applicant could not agree to the third stipulation. Mayor Weiers was fine with up to 60% if it was a 3 -story limitation. Councilmember Tolmachoff was not comfortable with reducing the percentage. Three stories on five acres was a fair compromise. It had to make financial sense for the developer. Mr. Froke said the applicant would support 50% but 5 acres provided more room for landscaping, water retention and parking. Vice Mayor Malnar called the question. It was moved by Vice Mayor Malnar and seconded by Councilmember Clark to add the following stipulations: 3 -story height limitation and that multi -family can comprise no more than 50% of developable land on the site. Mr. Bailey said the stipulations should be placed on the ordinance not the resolution. The amendment was withdrawn. The vote on the original motion was: City Council Meeting Minutes - August 11, 2020 Page 11 of 22 AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Ray Malnar to adopt Ordinance No. 020-55 with two additional stipulations: Any multi -family constructed on the site shall be no more than three stories in height Multi -family could comprise no more than 50% of the developable land on the site. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 26. RESOLUTION NO. R20-100 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 GPA19-08 FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NORTHERN AVENUE AND 107TH AVENUE. ORDINANCE NO. 020-56 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF NORTHERN AVENUE AND 107TH AVENUE FROM CS (PLANNED SHOPPING CENTER) TO PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "NORTHERN 107 PLANNED AREA DEVELOPMENT"; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: George Gehlert, Planning Project Manager Ms. Bower read the resolution and ordinance by title. Mr. Gehlert said the request was to approve a Minor General Plan Amendment from MDR 3.5 — 5.0 (Medium Density Residential) to HDR 20 (High Density Residential) and GC (General Commercial) and a rezone from CS (Planned Shopping Center) to PAD (Planned Area Development) for a project titled "Northern/107 Planned Area Development." City Council Meeting Minutes - August 11, 2020 Page 12 of 22 Mr. Gehlert said the site was a 10 -acre vacant parcel located at 107th Ave and Northern and multi -family residential and commercial use was being proposed. The range of fiscal impacts for the land use assumptions included lowest range revenues for commercial/residential and highest range revenues for commercial only. The annual net benefit range was $120,425 to $292,658 with one-time revenues of $433,000. Mr. Gehlert said the proposal was consistent with General Plan policies/objectives; encouraged a mixture of housing types/designs; and encouraged innovative development or infill development for all land use types to provide a greater variety and intensity of uses. Mr. Gehlert said staff and the Planning Commission recommended approval with the following stipulations: 1. Development in substantial conformance with the development plan, dated April 9, 2020. 2. The developer/owner of the shopping plaza shall be responsible for providing and constructing a concrete masonry unit (CMU) wall with a minimum of 6 feet in height along all property lines that abut residential zoning districts. 3. A minimum 6 -foot sidewalk would be required along property frontage. 4. Street lighting would be required along property frontage. 5. Turnaround area shall be provided for gated driveways. 6. A total of 74 residential units would be allowed. (reduced from the original 91 units proposed) Councilmember Clark wanted clarification on the height of the wall. It was her understanding that the applicant had agreed to an 8 -foot wall. She had also been assured by the applicant that one-story homes would be built to the west and the south that abutted the existing residential units. Mr. Gehlert said that was correct. He said the Code standard was an 8 -foot height for the wall. 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 Councilmember Jamie Aldama to adopt Resolution No. R20-100. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 020-56. AYE: Mayor Jerry Weiers City Council Meeting Minutes - August 11, 2020 Page 13 of 22 Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 27. RESOLUTION NO. R20-101 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 GPA20-02 FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF WEST BELL ROAD AND LOOP 101. ORDINANCE NO. 020-57 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE NORTHWEST CORNER OF BELL ROAD AND LOOP 101 FROM COMMERCIAL PAD (PLANNED AREA DEVELOPMENT) TO RESIDENTIAL PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "EVERGREEN LOOP 101 AND BELL ROAD," AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: George Gehlert, Planning Project Manager Ms. Bower read the resolution and ordinance by title. Mr. Gehlert said the request was for a General Plan Amendment from OFC (Offices) to HDR 30 (High Density Residential 20-30 du/ac) and a zone change from Commercial PAD to Residential PAD. The vacant site was 16.10 acres and the applicant was Shaine Alleman, Tiffany & Bosco, P.A., representing Glendale Bell 101. Mr. Gehlert said the PAD proposal would result in a quality development product which was consistent with the goals and objectives of the General Plan by offering a variety of housing types and the development of in -fill parcels. Staff recommended approval subject to the following stipulations: 1. Development of the site in substantial conformance to the "Evergreen Loop 101 and Bell Road" PAD submittal, dated June 2020. 2. Modifications to the river need preliminaryand final approval from FEMA: Conditional Letter of Map Revision (CLOMR); LOMR (Letter of Map Revision) updating the Flood Insurance Rate Map; No building certificates of occupancy could be obtained until the LOMR was received from FEMA. 3. Implementation of traffic study: Site improvements at the access point from the development onto 83rd Avenue intersection; Southbound 83rd Avenue right -turn decel lane; Northbound 83rd Avenue left -turn lane; Left -turn out of the site would need to be constructed by the developer, requiring modifications to the existing raised median north of the site. (The developer would be responsible for the cost of all required off-site traffic improvements.) 4. All half -street improvements on 83rd Ave adjacent to site completed with development of the property City Council Meeting Minutes - August 11, 2020 Page 14 of 22 5. Right-of-way improvements include streetlights at property frontage, 6' wide Sidewalks on arterials; and Americans with Disabilities Act (ADA) accessible route connecting the site to 83rd Ave ROW. 6. Approval of Minor Land Division (MLD) application (lot tie) to combine all parcels. 7. Submittal of signed Proposition 207 Waiver. 8. Design Review for all physical development associated with the proposal along sound attenuation plan as required by Section 7.705 of the City Code. Mayor Weiers opened the public hearing. Ken Watt, Peoria resident, spoke in opposition to the requests. Mr. Alleman said the applicant had a developer that was ready to bring forward a high-quality, 3 or 4 -story multi -family product. The development was more than 500 feet from the existing residential. There was a berm that needed to be built up and the site was below that. Councilmember Tolmachoff said the scenic corridor had nothing to do with development. She said the site was below grade and it would not appear as four stories. Mr. Alleman said it was approximately 15-20 feet below grade, which was almost two stories. There would also be a landscape buffer. Councilmember Tolmachoff said no one from her district had contacted her in opposition to the project. It was a great use of the site and she was in support of the project. Vice Mayor Malnar was also in support of the project. He had not had any residents voice any opposition. Mayor Weiers closed the public hearing. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to adopt Resolution No. R20-101. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to adopt Ordinance No. 020-57. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff City Council Meeting Minutes - August 11, 2020 Page 15 of 22 Councilmember Bart Turner Passed 28. ORDINANCE NO. 020-58 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 115TH AVENUE AND GLENDALE AVENUE FROM PAD (PLANNED AREA DEVELOPMENT) TO PAD/SUD (PLANNED AREA DEVELOPMENT WITH A SPECIAL USE DISTRICT OVERLAY) FOR A PROJECT KNOWN AS "PHOENIX CEMENT — GLENDALE" AND EXTENDING SAND AND GRAVEL OPERATIONS UNTIL 2038; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: George Gehlert, Planning Project Manager Ms. Bower read the ordinance by title. Mr. Gehlert said the request was to rezone approximately 55 acres from Planned Area Development (PAD) to Planned Area Development (PAD) with a Special Use District (SUD) overlay. The use was an inert materials land fill and a sand and gravel mining operation with an expiration date of 2038. The applicant was Gammage & Burnham for Phoenix Cement. Mr. Gehlert said the request conformed to the standards set out in Section 6.505 of the City's Zoning Ordinance for a Special Use District with the following stipulations: 1. Dedication of additional right-of-way on Glendale Avenue to provide a half -width of 65 feet from the centerline of the roadway (75 feet from the monument line) shall be made before any permits are issued for any development on the property. 2. All half -street improvements on Glendale Avenue adjacent to the site shall be completed prior to issuing any building permits for development on the property. Required improvement standards would be determined by the current version of the City of Glendale Engineering Design Standards. 3. Development shall be in substantial conformance with the development booklet, dated April 17, 2020. 4. All lighting on the site was required to be placed downward and fully shielded. 5. The applicant shall notify the City of Glendale Water Services Department of any changes to the mining reclamation plan should there be any modifications prior to or during mining operations. 6. Applicant responsible for complying with all requirements of Glendale City Code Chapter 18, Section 12 Landfills, prior to beginning operation of the inert landfill. 7. All requirements of Ordinance No. 2868 not modified by the request shall remain in effect. 8. All requirements of Ordinance No. 3019 not modified by the request shall remain in effect. 9. Developer to provide documentation to the City prior to final approval of construction documents and/or issuance of permits that Form 7460-1 filed for the development and that the development received a "No Hazard Determination" from the Federal Aviation Administration (FAA). 10. Letters of Determination issued 2019 November 27: Aeronautical Study Numbers 2019 -AWP -13499 through 13505. 11. Developer and operator must comply with any terms required in the "No Hazard Determination" such as installing and maintaining any required lighting. 12. If temporary equipment used during construction exceeds the height of the permanent structure a separate Form 7460-1 shall be submitted to the FAA and a "No Hazard Determination" obtained prior to the construction start date. City Council Meeting Minutes - August 11, 2020 Page 16 of 22 13. The builder or its contractors must contact the airport prior to construction if they are using cranes so that the City may issue a notice to pilots prior to when cranes would be on site. Councilmember Clark asked if the dedication of the right-of-way and the improvements to Glendale Avenue would not occur until the site was developed. Mr. Gehlert said it would occur prior to the development of the site as a business park. Councilmember Clark said that would likely be after 2038. She asked what was an inert landfill. Mr. Bailey said the landfill was for items that would not cause a chemical reaction such as concrete, stone, etc. Councilmember Clark had been told that one of the benefits of the sand and gravel operation was that once the operations ceased and after remediation, the site would be developable. She wanted to know how subsidence would be avoided. Mayor Weiers said if the inert material was compacted properly and tested, there should be no settling. Councilmember Tolmachoff asked what the City would be left with after 2038. Frank Turk, Phoenix Cement, said inert material such as rock, brick, soil, concrete, caused no leaching. It did not include wood or construction debris. After mining the site to depth, the company would compact in lifts to bring it up to a compaction rate defined by the company's reclamation plan. It would be brought up to current grade and would be a buildable surface. Councilmember Tolmachoff asked if the agreement required it. Stephen Anderson, Gammage & Burnham, applicant's representative, said the reclamation plan was monitored and enforced by the State. The plan included required protocols that would prevent subsidence. Councilmember Clark did not believe the 90 -foot setback on Glendale Avenue was enough. She would like to see a bigger buffer, perhaps as much as 300 feet. Mr. Anderson said no citizen comments had been received for the project. Staff recommended approval with the agreed stipulations. The Planning Commission unanimously recommended approval. The City would receive its needed right-of-way for the Glendale Avenue expansion project as well as an offsite retention basin for the City landfill. Mr. Anderson said, in 2016, when the second expansion was approved, Phoenix Cement promised to put all processing at the bottom of the expansion, 50 feet below grade. It also promised to: construct a 10 -foot berm around the perimeter of the active operation; maintain all FAA approvals; comply with Maricopa County dust control regulations; operate with a single point of access; and to reclaim areas on the site as soon as mining in the area was complete. Mr. Anderson said its neighbors were the City's landfill, airport, water reclamation facility and another sand and gravel operation, Cal Portland. There were no residential neighbors. Mr. Anderson said Phoenix Cement had committed to landscaping the setback on Glendale Avenue. There would be no active uses within the setback. The company was also allowing the City landfill to drain its property in the setback. City Council Meeting Minutes - August 11, 2020 Page 17 of 22 Mr. Anderson said a 300 -foot setback would be a big hit and equated to 9% of the expansion site. He requested approval as presented. Councilmember Clark wanted to mirror the City landfill's 150 -foot setback across Glendale Avenue. Mr. Anderson said the 150 -foot setback would be an acceptable compromise. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Ordinance No. 020-58 with the additional stipulation of a 150 -foot setback. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed ORDINANCES 29. ORDINANCE NO, 020-59 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING CASH AND APPROPRIATION BALANCE TRANSFERS BETWEEN BUDGET ITEMS IN THE ADOPTED FISCAL YEAR 2019-2020 AND 2020-2021 BUDGETS. Presented by: Lisette Camacho, Director, Budget and Finance Ms. Camacho said the proposed ordinance approved certain Fiscal Year 2019-2020 and 2020-2021 (FY2019-20 and FY2020-21) budget amendments. The total budget appropriation across all funds for both years remained unchanged with the action. Ms. Camacho said Exhibit A of the ordinance contained the budget transfers for FY2020. Lines 1 through 3 transferred appropriation into FY19-20 COVID-19 Expenditure Tracking Divisions. Line 4 transferred appropriation from Workers' Compensation Contingency to Workers' Compensation Operating Budget for claims. Exhibit B of the ordinance contained the budget transfers for FY20-21. Lines 1 through 5 transferred appropriation into FY20-21 COVID-19 for the Expenditure Tracking Divisions. A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to adopt Ordinance No. 020-59. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar City Council Meeting Minutes - August 11, 2020 Page 18 of 22 Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Bart Turner Other: Councilmember Lauren Tolmachoff (ABSENT) Passed Mayor Weiers said Councilmember Tolmachoff had stepped away from the meeting. 30. ORDINANCE NO. 020-60 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF WARRANTY DEEDS, EASEMENTS AND MAPS OF DEDICATION AT VARIOUS LOCATIONS THROUGHOUT THE CITY AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Jayme Chapin, P.E., Principal Engineer Ms. Bower read the ordinance by title. Ms. Chapin said the proposed ordinance accepted various real property interests throughout the City. The real property interests consisted of rights-of-way for roadway and associated improvements and easements for water lines, sewer lines, sidewalks, and public utilities. The owners of the private property had agreed to convey the subject real property interests to allow the City to maintain, operate, repair, replace and remove if necessary the associated infrastructure. A motion was made by Councilmember Ian Hugh, seconded by Councilmember Joyce Clark to adopt Ordinance No. 020-60. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Bart Turner Other: Councilmember Lauren Tolmachoff (ABSENT) Passed 31. ORDINANCE NO. 020-61 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GLENDALE CITY CODE, CHAPTER 10 TITLE, REGARDING CABLE TELEVISION. Presented by: Donald Bessler, PWLF Chief Capital Improvement Officer City Council Meeting Minutes - August 11, 2020 Page 19 of 22 Ms. Bower read the ordinance by title. Mr. Bessler said the proposed ordinance amended the title of Chapter 10 of the City Code from "Cable Televison" to "Telecom, Fiber and Cable Television" to comply with recent changes to Arizona Revised Statutes (A.R.S.) Title 9 relating to license agreements. Councilmember Turner asked if it restricted the City's ability to regulate the entities. Mr. Bessler said it did not restrict the City's ability to regulate the use of the right-of-way. The City had a responsibility to be fair and consistent. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Ian Hugh to adopt Ordinance No. 020-61. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed RESOLUTIONS 32. RESOLUTION NO. R20-102 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE FORMATION OF REVITALIZATION DISTRICTS. Presented by: Vicki Rios, Assistant City Manager Ms. Bower read the resolution by title. Ms. Rios said the proposed resolution would establish policy guidelines and application procedures for the formation of Revitalization Districts. The item had been discussed at the workshop. A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to adopt Resolution No. R20-102, with the following amendments to the Policy Guidelines and Application Procedures for the Formation of Revitalization Districts (RD): Article I, Section 1.7 An RD shall not levy a property tax except as specifically authorized pursuant to A.R.S 48-6817. An RD shall not levy an excise tax. Article 3, Section 3.3 One (1) paper copy and one (1) electronic copy of the Application will be submitted to the City Manager, the City Attorney, and the Chief Financial Officer of the City. Councilmember Turner said both the item and item 33 had been presented at the workshop earlier in the day. In the future, he requested more time between the overview and the time City Council Meeting Minutes - August 11, 2020 Page 20 of 22 for action. There had been no time to digest the information or get input from residents. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 33. RESOLUTION NO. R20-103 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING POLICY GUIDELINES AND APPLICATION PROCEDURES FOR THE FORMATION OF MUNICIPAL IMPROVEMENT DISTRICTS. Presented by: Vicki Rios, Assistant City Manager Ms. Bower read the resolution by title. Ms. Rios said the proposed resolution would establish policy guidelines and application procedures for the formation of Improvement Districts. The item had been discussed at the workshop. A motion was made by Councilmember Lauren Tolmachoff, seconded by Vice Mayor Ray Malnar to adopt Resolution No. R20-103 with the following amendment to the Policy Guidelines and Application Procedures for the Formation of Municipal Improvement Districts: Article 3, Section 3.3 One (1) paper copy and one (1) electronic copy of the Application will be submitted to the City Manager, the City Attorney, and the Chief Financial Officer of the City. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION City Council Meeting Minutes - August 11, 2020 Page 21 of 22 A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to hold a special City Council voting meeting on Monday, August 17, 2020 at 10:00 a.m. at the Civic Center, 5750 West Glenn Drive and the next regularly scheduled City Council workshop on Tuesday, August 25, 2020 at 12:30 p.m. at the Civic Center, 5750 West Glenn Drive, to be followed by an executive session pursuant to A.R.S. 38-431.03. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced that Verizon Innovative Learning Schools would equip every student and teacher at Desert Spirit and Sunset Vista Elementary Schools with a tablet and 4 years of data. It would help under -resourced students develop the tools and confidence needed to thrive in today's digital environment. It was a very generous gift and the City was grateful. Councilmember Tolmachoff congratulated Councilmembers Hugh, Malnar and Clark and Mayor Weiers on their reelection. She looked forward to serving with them. Councilmember Turner was sad to share the news that there was another fatal fire in the Barrel District in which a life was lost. He reminded everyone to make sure they had working smoke detectors in their homes. Mayor Weiers thanked the residents of Glendale for supporting himself and Councilmembers Hugh, Clark and Malnar. All four would do the best they could for the City, CITIZEN COMMENTS Gary Livingston, Sahuaro District resident, expressed concerns about Council and City issues. ADJOURNMENT Mayor Weiers adjourned the meeting at 8:31 p.m. 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 11th day of August, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 26th day of August, 2020. J lie K. Bower, MMC, City Clerk City Council Meeting Minutes - August 11, 2020 Page 22 of 22