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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/24/2020 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 C 1147 Glendale A R I Z O N A Meeting Minutes Tuesday, November 24, 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 5:30 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 delivered by James Deibler. POSTING OF COLORS PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE NOVEMBER 10, 2020 VOTING MEETING A motion was made by Councilmember Ian Hugh, seconded by Councilmember Bart Turner to approve the minutes of the November 10, 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 CONSENT AGENDA Ms. Bower read the Consent Resolutions by title. City Council Meeting Minutes - November 24, 2020 Page 2 of 11 2. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000003 -Ll 1, HOLIDAY INN/CROOKED PINT, 6151 NORTH 99TH AVENUE 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000008-1-12, MANUEL'S MEXICAN FOOD RESTAURANT, 5670 W PEORIA AVENUE 4. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000009-1-12, CUFF DOWNTOWN BISTRO, 7021 N 58TH AVENUE 5. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000008-1-10, FAST MARKET #4606, 5905 W CACTUS RD 6. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000009-1-10, FAST MARKET #4607, 6701 W OLIVE AVE 7. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000001-1-04, BOLDEN BEVERAGE DISTRIBUTION, 7048 N 43RD AVENUE 8. ADOPTION AND ACCEPTANCE OF ARIZONA DEPARTMENT OF TRANSPORTATION'S PUBLIC TRANSPORTATION AGENCY SAFETY PLAN 9. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 1 TO THE AGREEMENT WITH GENERAL ELECTRIC COMPANY DBA G.E. DIGITAL, LLC FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) LICENSE SUPPORT SERVICES 10. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH MICROSOFT FOR THE CITY'S OFFICE 365 AND ENTERPRISE VOLUME LICENSING 11. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH GOVERNMENTJOBS.COM, INC. DOING BUSINESS AS NEOGOV 12. APPROVAL OF CARDINALS 95 FINAL PLAT APPLICATION FP20-09 CONSENT RESOLUTIONS 13. RESOLUTION NO. R20-159 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE CHILD AND FAMILY ADVOCACY CENTER FUND GRANT (ID NO. AG21-0005), IN THE APPROXIMATE AMOUNT OF $37,556.75, FROM THE OFFICE OF THE ARIZONA ATTORNEY GENERAL FOR THE SERVICES PROVIDED TO VICTIMS IN CALENDAR YEARS 2018 AND 2019 BY THE GLENDALE POLICE DEPARTMENT FAMILY ADVOCACY CENTER. 14. RESOLUTION NO. R20-160 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REQUESTING EXEMPTION FROM THE REQUIREMENT BY THE INDUSTRIAL COMMISSION OF ARIZONA TO POST SECURITY FOR THE CITY OF GLENDALE'S SELF-INSURED WORKERS' COMPENSATION CLAIMS. City Council Meeting Minutes - November 24, 2020 Page 3 of 11 A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Joyce Clark to approve Consent Agenda items 2 through 12 and adopt Consent Resolutions items 13 and 14. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed BIDS AND CONTRACTS 15. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH CANDS SWEEPING SERVICES INC. DOING BUSINESS AS C & S SWEEPING SERVICES, INC., TO PROVIDE STREET SWEEPING SERVICES Ms. Bower read the item by title. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to approve item 15. 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 16. ORDINANCE NO. 020-77 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF A CONVEYANCE OF EASEMENT AND TWO MAPS OF DEDICATIONS TO REALIGN PORTIONS OF 57TH AVENUE AND WEST COUNTRY GABLES DRIVE AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Jayme E. Chapin, P.E., Principal Engineer City Council Meeting Minutes - November 24, 2020 Page 4 of 11 Ms. Bower read the ordinance by title. Ms. Chapin said the proposed ordinance would accept two maps of dedication and one water and sewer easement. All three conveyances were associated with the Village at Thunderbird development located at the southeast corner of the intersection of 59th Avenue and Greenway Road. A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Ordinance No. 020-77. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 17. ORDINANCE NO. 020-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF TWO EASEMENTS ASSOCIATED WITH MINOR LAND DIVISION FOR LOT 4 OF THE THUNDERBIRD SCHOOL OF GLOBAL MANAGEMENT AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Jayme E. Chapin, P.E., Principal Engineer Ms. Bower read the ordinance by title. Ms. Chapin said the proposed ordinance authorized the abandonment of two easements for water and sewer lines located on private property at the southeast corner of 59th Avenue and Greenway Road. The abandonment action was consistent with and supported the construction occurring at the Arizona Christian University/Thunderbird School of Global Management campus and adjacent parcels. A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 020-78 AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed City Council Meeting Minutes - November 24, 2020 Page 5 of 11 18. ORDINANCE NO. 020-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 25 OF THE GLENDALE CITY CODE PERTAINING TO PUBLIC NUISANCES TO ADDRESS RECREATIONAL MARIJUANA. Presented by: Michael D. Bailey, City Attorney Ms. Bower read the ordinance by title. Mr. Bailey said Council had previously requested an ordinance regarding recreational marijuana similar to the ordinance adopted by the City of Peoria. The proposed ordinance was in the same form and substance as was discussed earlier at the workshop. Councilmember Tolmachoff asked if section 25-55 of the proposed ordinance exempted certain locations such as bars, bowling centers, etc. Mr. Bailey said that was correct. The locations would still be subject to the Arizona Smoke -Free Act. The proposed ordinance was in the same format as the ordinance adopted by the City of Peoria. Councilmember Tolmachoff said the ordinance would allow smoking in a bar, but smoking would still be prohibited because of the Smoke -Free Act. Mr. Bailey said it would be allowed to the extent that it was allowed under the Arizona Smoke -Free Act. Patrons would have to be over the age of 21. There were different forms in which to consume marijuana. Councilmember Tolmachoff did not understand why the exemptions were included in the ordinance. Mr. Bailey said Council could eliminate the exemptions. Councilmember Tolmachoff would be more comfortable if the ordinance lined up with the state statute. She said it could create confusion among business owners. Vice Mayor Malnar said if the section was eliminated, it would also remove the exception for private residences. Councilmember Tolmachoff believed Proposition 207 exempted private residences. There had not been much time for research. She would support leaving the exemption for private residences in the proposed ordinance. Mayor Weiers asked if the ordinance should be tabled for two weeks to develop a better definition. A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to table the matter to the voting meeting on December 8, 2020. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Lauren Tolmachoff City Council Meeting Minutes - November 24, 2020 Page 6 of 11 Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed PUBLIC HEARING - RESOLUTIONS 19. RESOLUTION NO. R20-161 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN TEXT OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA20-03. Presented by: Lisa Collins, Interim Development Services Director Ms. Bower read the resolution by title. Ms. Collins said the proposed amendment would allow Major General Plan Amendments to be filed and considered by Council in accordance with state law. It would also allow amendments to be requested and considered at any time that met the requirements of state law. Ms. Collins said state law required: • the City to process Major General Plan Amendments at one time each year • consideration by Council in the same year requested • the Planning Commission to hold at least 2 public hearings in different locations • a letter for review and input to be sent 60 days prior to legal advertising for the first Planning Commission hearing Ms. Collins said the process required a minimum of 105 days to be completed. She said the following changes were proposed: • Applicants will attend a pre -application meeting AT ANY TIME prior to submitting an application. THE PRE -APPLICATION MEETING IS NOT REQUIRED TO BE IN THE SAME CALENDAR YEAR THE APPLICATION IS ACCEPTED AND PROCESSED. • Applications will be accepted from AND PROCESSED within #hat THE SAME calendar year. • City Council public hearings to consider major map amendments will occur beMeeiq Getebe~ 1 andDeeembe within the calendar year the application was submitted. Vice Mayor Malnar had received comments that the change would diminish the public's ability to participate and was a way to get past the rules. Ms. Collins said the whole point of the state law was to provide adequate public participation. The amendment would continue to do that. The General Plan currently provided artificial deadlines. The same level of public participation would exist with the proposed changes. Vice Mayor Malnar asked who would set the deadlines for the process under the proposed changes. Ms. Collins said there would be no specific deadlines but there would be guidelines. Language would be added to the guidelines indicating the process took 4-6 months to complete. No specific dates would be posted. Timelines would be discussed at the pre -application meeting. Vice Mayor Malnar wanted to know why the proposed change was considered a minor text amendment. City Council Meeting Minutes - November 24, 2020 Page 7 of 11 Ms. Collins said major amendments affected the functioning of the General Plan and had overreaching consequences. The proposed changes were part of the procedure and administration of the plan and had no impact to notice requirements. Procedural amendments were considered minor amendments. Vice Mayor Malnar asked if the changes would cause any detrimental impact to citizen participation. Ms. Collins said there would be no impact on citizen participation. Councilmember Turner asked, if Council approved the changes, if someone applied for a major general plan amendment in January, it could occur any time between April and June. There would be no other opportunity that calendar year for any other major general plan amendment to be approved. Ms. Collins said that was correct. It would have to take place in the next calendar year. Councilmember Turner said it seemed anyone who applied early in the year would be favored over anyone who applied later in the year. Mr. Phelps said the City would be reticent to approve the amendment early in the year. The applications were not usually time -sensitive, and it could be heard later in the year. However, if a major project came in with an incredibly tight timeline, the proposed change would give the City flexibility. It was about providing flexibility for unique situations. Councilmember Turner said the General Plan was a voter -approved document and if the changes were approved, it would be contrary to what voters had approved. There was no mention in the staff report if the matter was heard by the Planning Commission and if a recommendation had been made. Ms. Collins said the Commission did hear the case and recommended denial. Councilmember Turner said that information was routinely contained in the report. He believed the proposed changes were a major plan amendment and should have gone through the longer process. Councilmember Tolmachoff said there was an internal timeline for major plan amendments. She understood wanting to open the application window wider but did not agree that leaving the window open through the end of the year was not appropriate to meet internal deadlines. She could support an application period of January 1st through July 31st or August 1st. It would line up with internal timelines and was business friendly. The filing of an application did not mean the City would begin the process. The City could wait until other applications were received. Ms. Collins said that was correct. Councilmember Tolmachoff said if someone filed an application in January, the applicant would be in a waiting mode until there were 105 days left in the year and that was a problem. She felt the voters had wanted an application window, and she could not support the change. Councilmember Clark asked if the City currently processed major plan amendments in October. Ms. Collins said major amendments were required to be processed between October list and December 31st. State law required that the application be submitted and Council hear the City Council Meeting Minutes - November 24, 2020 Page 8 of 11 matter in the same calendar year. Councilmember Clark agreed that the window should be between January 1st and August 1st to accommodate the City's hearing schedule. She did not believe that was what citizens were upset about. Some citizens believed the changes were an attempt to disenfranchise them from public participation. Councilmember Clark did not agree. The timeframe might change but the public's ability to participate remained intact. The proposal provided more flexibility for submitting and processing major general plan amendments. Ms. Collins said that was correct. Councilmember Clark supported Councilmember Tolmachoff's suggestion to narrow the application window. Mr. Phelps said the City was one of only two cities that had specific timing. Currently, Council was not able to consider a major amendment unless it was the month of October. The City might have to forego an economic development opportunity because of its own rule. He had concern about instituting a hard deadline of August 1st because it provided no flexibility. It would put the responsibility on the applicant to allow enough time to get through the process. Councilmember Tolmachoff felt a deadline was more development friendly because it provided more clarity for when the application would be heard. Based on what the voters approved, there should be an opening and closing for the submission of applications. Councilmember Clark felt flexibility was more important and would support the proposed ordinance. Vice Mayor Malnar asked how often the City received major plan amendment applications. Ms. Collins said there had only been one in the past two years. Councilmember Turner asked what the rationale had been for including the schedule in the General Plan and the reasoning behind the state requirements. Ms. Collins was not sure of the rationale, but it was probably based on state law and meeting timelines. A major plan amendment affected the entire City and if there were multiple applications, it was important to look at them together to see how they impacted the City comprehensively. Vice Mayor Malnar asked if the General Plan contained the requirements for changing the Plan. Ms. Collins said it was part of the General Plan. Vice Mayor Malnar asked if the voters approved the administrative procedures. Ms. Collins said that was correct. Vice Mayor Malnar said the voters had given Council the authority to amend the Plan when necessary. Mayor Weiers opened the public hearing. Edwin Nyberg, Cholla District resident, spoke in opposition to the resolution. Rick Harper, Sahuaro District resident, spoke in opposition to the resolution. City Council Meeting Minutes - November 24, 2020 Page 9 of 11 Gary Hirsch, Cactus District resident, spoke in opposition to the resolution. Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Ian Hugh to adopt Resolution No. R20-161. Councilmember Clark wanted to be cautious about throwing out the words "voter approved." When she voted on the General Plan, she studied the General Plan Map and felt the majority of the voters did the same thing to see how it affected their properties. She doubted voters were even aware that the Plan also contained processes, procedures and timeframes. It was up to Council to decide what best served the City. She believed the changes served the City and preserved the public process. Councilmember Aldama did not see a real need to make the changes. He was not prepared to be supportive of the text amendment change. Councilmember Tolmachoff did not oppose expanding the application window but believed the intent of the voters was to have a specific timeline for submitting applications. Councilmember Turner said the change was a nicety not a necessity. He put a lot of weight on what the voters approved and on what the boards and commissions recommended. Vice Mayor Malnar said Council had the ability to change the General Plan. The proposed changes were not urgent but there were no detrimental effects of approving the changes. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Joyce Clark Councilmember Ian Hugh NAY: Councilmember Jamie Aldama Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to hold a regularly scheduled City Council workshop on Tuesday, December 8, 2020 at 12:30 p.m. in 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 City Council Meeting Minutes - November 24, 2020 Page 10 of 11 Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed COUNCIL COMMENTS AND SUGGESTIONS Councilmember Aldama thanked City staff for its hard work. He wished everyone a Happy Thanksgiving and urged everyone to take appropriate safety precautions. Councilmember Clark wished everyone a Happy Thanksgiving. Councilmember Clark would be conducting a virtual Yucca District meeting on Wednesday, December 3rd at 6:00 p.m. on Facebook Live. Councilmember Hugh wished everyone a Happy Thanksgiving. Councilmember Tolmachoff wished everyone a Happy Thanksgiving. She reminded everyone that the downtown lights would be turned on tomorrow night but there would be no event Friday evening. Councilmember Turner reminded everyone to celebrate Thanksgiving safely. He extended his appreciation to emergency responders and healthcare workers who were on the front lines of the pandemic. Vice Mayor Malnar expressed gratitude for his wife, his service on Council, City volunteers who worked to improve the community and the City's Public Safety employees. Mayor Weiers had attended an award ceremony for a City employee, Bret Nunez, who came upon a fire at an apartment complex, alerted residents to the fire and helped get several children and pets out of the building. CITIZEN COMMENTS James Deibler, Phoenix resident, spoke regarding the COVID-19 pandemic. Christina Tyler, Goodyear resident, spoke regarding the medical appeals process. ADJOURNMENT Mayor Weiers adjourned the meeting at 7:03 p.m. 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 24th day of November, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December, 2020. J� i K. Bower, MMC, City Clerk City Council Meeting Minutes - November 24, 2020 Page 11 of 11