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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 12/8/2020 (5)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 C Oftk. &7 Glendale A R I Z O N A Meeting Minutes Tuesday, December 8, 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 Councilmember Aldama attended the meeting telephonically. PRAYER/INVOCATION The invocation was offered by Pastor Jim Hummel, Vineyard Church North Phoenix. POSTING OF COLORS PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE NOVEMBER 20, 2020 SPECIAL VOTING MEETING A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to approve the minutes of the November 20, 2020 special 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 NOVEMBER 24, 2020 VOTING MEETING City Council Meeting Minutes - December 8, 2020 Page 2 of 12 A motion was made by Councilmember Ian Hugh, seconded by Councilmember Joyce Clark to approve the minutes of the November 24, 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. 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000003 L10, CARNICERIA NAMIQUIPA, 6205 N 59TH AVENUE 4. APPROVAL OF FINAL PLAT APPLICATION FP20-12 FOR VILLAGES AT THUNDERBIRD 5. A171 RGVAI OF TREVING FINAL RI AT C1270 19 Presented by: Lisa Collins, Interim Development Services Director Item was removed from the agenda on December 7, 2020 6. APPROVAL OF ORANGEWOOD TERRANCE FINAL PLAT FP20-11 7. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 3 TO THE SERVICE AND MAINTENANCE AGREEMENT C-4543 WITH INFOR PUBLIC SECTOR, INC., FOR THE CITY'S ANNUAL HANSEN MAINTENANCE RENEWAL 8. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH DIBBLE ASSOCIATES CONSULTING ENGINEERS DOING BUSINESS AS DIBBLE FOR DESIGN SERVICES FOR ARROWHEAD SEWER LINES PHASE 1 9. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH BLACK & VEATCH CORPORATION FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE OASIS WATER TREATMENT PLANT ON-SITE HYPOCHLORITE GENERATION SYSTEM UPGRADES 10. AUTHORIZATION TO ENTER INTO A CONSTRUCTION AGREEMENT WITH COMBS CONSTRUCTION COMPANY, INC FOR BELL ROAD RECONSTRUCTION, 51ST TO 59TH AVENUES AND TO AUTHORIZE A PROJECT TRANSFER 11. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH DUDE SOLUTIONS, INC. (DSI) FOR SMARTGOV City Council Meeting Minutes - December 8, 2020 Page 3 of 12 12. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH UTILITY CONSTRUCTION COMPANY, INC., FOR MAINTENANCE, REPAIR AND MINOR CONSTRUCTION WORK 13. AUTHORIZATION TO ENTER INTO AMENDMENT NO.4 TO THE LINKING AGREEMENT WITH DON SANDERSON FORD, INC., FOR THE COOPERATIVE PURCHASE OF VEHICLES 14. AUTHORIZATION TO ENTER INTO AMENDMENT NO. 8 WITH CORVEL ENTERPRISE COMP., INC. (CONTRACT #C-8818) FOR WORKERS' COMPENSATION CLAIMS THIRD PARTY ADMINISTRATION (TPA) 15. AUTHORIZATION TO ENTER INTO AN EMERGENCY SOLUTIONS GRANT SUB -RECIPIENT AGREEMENT WITH COMMUNITY BRIDGES INC. 16. AUTHORIZATION TO ENTER INTO A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT CONTRACT WITH CHICANOS POR LA CAUSA, INC. FOR SMALL BUSINESS ASSISTANCE 17. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH SOMERSET LANDSCAPE, LLC. A YELLOWSTONE LANDSCAPE COMPANY FOR LANDSCAPE AND PLANTING SERVICES CONSENT RESOLUTIONS 18. RESOLUTION NO. R20-162 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED, "MASTER STUDENT PLACEMENT AGREEMENT" WITH THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY, UNIVERSITY OF ARIZONA AND NORTHER ARIZONA UNIVERSITY FOR STUDENT EDUCATIONAL OPPORTUNITIES. 19. RESOLUTION NO. R20-163 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO AN AIRPORT DEVELOPMENT REIMBURSABLE GRANT AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION, MULTIMODAL PLANNING DIVISION (Ell S1F 01 L), AND THE ACCEPTANCE AND EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF $292,500.00 FOR THE ACQUISITION OF LAND FOR THE APPROACHES PROJECT AT THE GLENDALE MUNICIPAL AIRPORT. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to approve Consent Agenda items 3, 4, 6 through 17 and adopt Consent Resolutions items 18 and 19. City Council Meeting Minutes - December 8, 2020 Page 4 of 12 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 Ms. Bower read the items by title. 20. AWARD OF RFP 21-16 AND AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC. TO PROVIDE FINANCIAL PLANNING AND RATE STUDY SERVICES A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to approve item 20. Councilmember Clark would be voting against all three Bids and Contracts items. She did not support 5 -year contracts for usual and customary services. 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 21. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH THE W.W. WILLIAMS COMPANY, LLC, DOING BUSINESS AS AUTO SAFETY HOUSE, FOR HEAVY DUTY FLEET, CONSTRUCTION AND AGRICULTURAL/INDUSTRIAL PARTS, SERVICE, AND ACCESSORIES A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to approve item 21. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Ian Hugh City Council Meeting Minutes - December 8, 2020 Page 5 of 12 Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 22. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH THE DON SANDERSON FORD, INC., FOR HEAVY DUTY FLEET, CONSTRUCTION AND AGRICULTURAL/INDUSTRIAL PARTS, SERVICE, AND ACCESSORIES A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to approve item 22. 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 PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 23. ORDINANCE NO. 020-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING 100 ACRES LOCATED AT NORTHWEST CORNER OF AND STATE ROUTE 303 FROM PAD (PLANNED AREA DEVELOPMENT) TO PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "CA VENTURES GLENDALE 303"; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Lisa Collins, Interim Development Service Director Ms. Bower read the ordinance by title. Ms. Collins said the proposed ordinance would rezone approximately 100 acres to allow for mixed-use development and modified development standards. The property was currently undeveloped and had been used for agricultural purposes. The property was located within the noise contours and warehouse and industrial were the only permitted uses. The proposed development standards would make it consistent with other PADs in the area such as a height limit of 85 feet. There would also be parking changes based on the uses. Ms. Collins said the Planning Commission conducted a public hearing on December 3, 2020 and had forwarded a unanimous recommendation for approval. Ms. Collins said it was consistent with the policies of the General Plan, furthered the public health, safety and general welfare of the residents and was compatible with other PAD development along the Loop 303. Staff recommended approval. City Council Meeting Minutes - December 8, 2020 Page 6 of 12 Ms. Collins said the developer would provide an additional 10 feet of right-of-way to obtain a 65- foot half street right-of-way on Glendale Avenue. The site driveways and deceleration/turn lanes requirements were pending results of a Traffic Impact Study (T.I.S.) and would be addressed as part of design review. A minimum 6 -foot detached sidewalk would be required on Glendale Avenue along the property frontage. Digital billboards and digital display as proposed in the PAD were not permitted per current Zoning Ordinance regulations which could not be amended through a PAD. Digital billboards would be permitted if ordinances were amended at a future date that would allow the boards as proposed in the PAD. 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 Councilmember Ian Hugh to adopt Ordinance No. 020-80. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 24. ORDINANCE NO. 020-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING ZONING TEXT AMENDMENT ZTA20-01 FOR GROUP HOMES WHICH AMENDS THE ZONING ORDINANCE AS FOLLOWS: ARTICLE 7. GENERAL DEVELOPMENT STANDARDS, SECTION 7.502 GROUP HOMES; PROVIDING FOR SEVERABILITY, SETTING FORTH AN EFFECTIVE DATE; AND DIRECTING CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Lisa Collins, Interim Development Services Director Ms. Bower read the ordinance by title. Ms. Collins said a group home was defined in the City as a dwelling shared as a primary residence by at least six (6) but not more than ten (10) handicapped or disabled persons. In order for a group home to be permitted, a distance separation of 1,320 feet between each group home was required. Ms. Collins said the City had received a complaint from the Housing and Urban Development Department regarding the City's ordinance requiring a 1,320 -foot separation with no process for relief from that requirement. Based on that complaint and advice from the City Legal City Council Meeting Minutes - December 8, 2020 Page 7 of 12 Department, the City Council directed staff to draft an ordinance for a "Disability Accommodation." Ms. Collins said the text amendment would allow an applicant to apply to the Board of Adjustment (BOA) for an exception to the 1,320 -foot separation requirement. The BOA's decisions were final unless appealed to the Superior Court. The Planning Commission had forwarded a recommendation for approval. Ms. Collins said the accommodation would not be authorized unless the BOA found: • The request was by or on the behalf of one (1) or more individuals with a disability protected under Federal and Arizona fair housing laws. • The requested accommodation was necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling. • The standard or requirement unduly restricted the opportunity for a person with a disability from finding adequate housing within the City. • The requested accommodation did not fundamentally alter the nature and purpose of the Zoning Ordinance. • The requested accommodation would not impose an undue financial or administrative burden on the City, as "undue financial or administrative burden" was defined in Federal and Arizona fair housing laws. • The profitability or financial hardship of the owner/service provider of a facility would not be considered in determining whether to grant a disability accommodation. . The requested accommodation complied with all applicable building and fire codes. • The requested accommodation did not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Ms. Collins said the requested accommodation would require submittal of an application, including the required fee, as published in the fee schedule, and had to comply with all public notification requirements. She said staff recommended approval of the amendment. 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. 020-81. 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 City Council Meeting Minutes - December 8, 2020 Page 8 of 12 25. ORDINANCE NO. 020-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE REAL PROPERTY TRANSFER AGREEMENT AND ALL NECESSARY DOCUMENTS FOR THE ACQUISITION OF REAL PROPERTY FROM ALICE B. BACON, KEVIN P. TRAINOR, KATHERINE L. BACON AND JERRY E. DUNMIRE, AS TRUSTEES OF THE DUNMIRE FAMILY TRUST, AND MARILYN M. STOREY, AS TRUSTEE OF THE MARILYN M. STOREY TRUST TO ACCOMMODATE FUTURE DEVELOPMENT IN THE BALLPARK BOULEVARD EXTENSION PROJECT AREA AND DIRECTING CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. Presented by: David Beard, City Engineer Ms. Bower read the ordinance by title. Mr. Beard said the proposed ordinance would authorize the City Manager to execute a Real Property Transfer Agreement ("Agreement") and all necessary documents for the City to acquire 2.58 acres of real property. It would accommodate development in the Ballpark Boulevard Extension Project area by providing for intersection improvements at 99th Avenue, relocating a U.S. Bureau of Reclamation canal and securing a site for a future sewer lift station. A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to adopt Ordinance No. 020-82. 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. ORDINANCE NO. 020-83 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE PENALTY IN GLENDALE CITY CODE CHAPTER 26 (OFFENSES- MISCELLANEOUS), ARTICLE III (OFFENSES AGAINST PUBLIC SAFETY AND ORDER), DIVISION 5 (FIREWORKS) SEC 26-70.5 (POSTINGS OF SIGNS BY PERSONS ENGAGED IN THE SELLING OF PERMISSIBLE CONSUMER FIREWORKS; CIVIL PENALTY), SEC. 26-70.7 (PENALTIES) AND CHAPTER 25 (NUISANCES) SEC. 25-65 (EXEMPTIONS FROM NOISE LEVEL REGULATIONS); AND DECLARING AN EMERGENCY. Presented by: Rick St. John, Deputy City Manager City Council Meeting Minutes - December 8, 2020 Page 9 of 12 Ms. Bower read the ordinance by title. Mr. St. John said the proposed amendments had been discussed in detail at workshops in June and November. The amendment stated it was allowable to use permissible fireworks until 12:30 a.m. The penalty would be set at $1,500 for a first offense and $2,000 for any subsequent offense in a 12 -month period. Signs would be posted to notify the public of the fine changes. Mayor Weiers asked if the signs would be in English and Spanish. Mr. St. John said that requirement had been inadvertently left out of the proposed ordinance. He asked that it be added to the motion to approve the ordinance. Councilmember Turner said permissible fireworks were only allowed on the days specified in State law. If Council adopted the ordinance, fireworks would not be allowed between the hours of 12:30 a.m. and 7:00 a.m. Mr. St. John said that was correct. Mr. Bailey said the City was not regulating permissible fireworks. The City was regulating the sound of the fireworks which it was allowed to do. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 020-83, with an amendment adding the requirement for signs to be in both English and Spanish and declaring an emergency. Councilmember Turner did not usually vote to pass something as an emergency but it was necessary. 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 REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to vacate the regularly scheduled City Council workshop meeting and voting meeting on Tuesday, December 22, 2020 and hold a regularly scheduled City Council workshop on Tuesday, January 12, 2021 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 City Council Meeting Minutes - December 8, 2020 Page 10 of 12 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 said the City would be hosting a virtual installation ceremony at 7:00 p.m. for Mayor Weiers, Councilmember Hugh, Vice Mayor Malnar and herself. Councilmember Clark said because it was the last Council meeting of the year, she wished everyone a Merry Christmas and Happy New Year. Councilmember Hugh wished everyone a Merry Christmas and a Happy New Year. Councilmember Tolmachoff said a constituent had asked for clarification on the City's mask requirement. People who were exercising outdoors were exempt as long as physical distancing from other people was maintained. People congregating outdoors with other people were not exempt. Face coverings were required when physical distancing was not maintained. She said there had been confusion about what to do when outside and in parks. Councilmember Tolmachoff wished everyone a Merry Christmas and a Happy New Year. Councilmember Turner said the 4th deadliest day in America had occurred last Thursday when 2,861 people died. The 5th deadliest day occurred last Wednesday with 2,762 deaths. The 6th deadliest day had occurred last Tuesday. The 7th deadliest day occurred last Friday and the 8th deadliest day was December 7, 1941, Pearl Harbor Day. He urged everyone to wear masks, avoid large gatherings and take precautions. The danger was real. Councilmember Turner wished everyone Happy Holidays and a Happy New Year. Vice Mayor Malnar wished everyone a Merry Christmas, Happy Hanukah and a prosperous new year. Mayor Weiers thanked Planning Administrator Lisa Collins for her work with the City and wished her luck in her new position with the City of Paradise Valley. Mayor Weiers wished everyone the best in 2021 and urged everyone to be smart and take safety precautions. CITIZEN COMMENTS James Deibler, Phoenix resident, spoke regarding COVID-19. ADJOURNMENT Mayor Weiers adjourned the meeting at 6:13 p.m. City Council Meeting Minutes - December 8, 2020 Page 11 of 12 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 8th day of December, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of January, 2021. Julie K. Bower, MMC, City Clerk City Council Meeting Minutes - December 8, 2020 Page 12 of 12