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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/14/2021City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 Oft Glendale A R I Z O N A Meeting Minutes Tuesday, September 14, 2021 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor !an Hugh Councilmember Jamie Aidama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:31 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Jack Friedline, Assistant City Manager WORKSHOP SESSION SONOMA COTTON ANNEXATION (AN -227) APPLICATION FOR 36 ACRES LOCATED AT THE SOUTHEAST CORNER OF COTTON LANE AND NORTHERN AVENUE Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the item by title. Ms. Perry said the request was to annex the parcel located at the southeast corner of Northern Avenue and Cotton Lane and rezone the property to Planned Area Development (PAD) for a mixed-use development. Councilmember Clark was not in support of the annexation because of the Council policy that encouraged commercial, manufacturing, and industrial development in the area known as the New Frontier and not residential. The applicant was inconsistent in the narrative regarding the residential acreage, and it violated the spirit of the graduated density concept. Councilmember Tolmachoff asked what was included in the expenditures. Ms. Perry said included items would be road improvements, private street maintenance, and police and fire requirements. Councilmember Tolmachoff said $270,000 seemed low. Mr. Phelps said annexation applications to the City had been treated differently in the past for properties that were required to be a part of the City and had no other option. The City had been able to co -locate density on a smaller area on a number of occasions. He said there were residential areas west of the proposed area and it was taken into consideration when deciding to move forward. Mayor Weiers asked if Cotton Lane would need to be widened. Ms. Perry said Cotton Lane would need 65 feet of half street improvement including curb, City Council Meeting Minutes - September 14, 2021 Page 2 of 11 gutter, sidewalk and any other Maricopa County requirements. Mayor Weiers asked if the County would remain responsible for Cotton Lane and Northern Avenue. Mr. Friedline said the City was in the process of developing an intergovernmental agreement with the County to decide who would maintain the arterials. He would get back to Council regarding the small section of Northern Avenue. Mayor Weiers asked if the remaining land on the southeast corner belonged to the same property owner. Ms. Perry said it was not the same owner. Mr. Phelps said that land was part of the U -Haul storage site and there was no plan for expansion or annexation into the City. Councilmember Tolmachoff said the property was only connected to the south by annexations in progress or already completed and the remaining was surrounded by County. Ms. Perry said that was correct. An application for the property to the south was expected within the month. Councilmember Tolmachoff said if AN -230 did not go through, the annexation would become a County island. Ms. Perry said that was correct. Councilmember Tolmachoff wanted to see what AN -230 was before considering the current annexation. It would be a mistake to create a County island. Mr. Phelps said AN -230 was consistent with the other proposed projects and was entirely an industrial and manufacturing designation. Mayor Weiers said if the City denied the annexation, the project could still be built in the County. Mr. Phelps said that was correct. The City would then have no control over design standards and uses. The land to the northwest of the site was owned by the LDS Church and remained in the County. Councilmember Turner asked how the proposal integrated with the voter -approved General Plan and if there would be a General Plan amendment. Ms. Perry said it was regional mixed-use and the applicant would bring a PAD proposal for the rezoning. It would not require an amendment. Councilmember Turner said there was no shortage of available land for industrial use inside the 65 -decibel area. He was concerned that if industrial continued to be allowed in the regional mixed-use area, there would not be enough tax revenue in this area of the City. He asked if the property was part of the EPCOR agreement. Ms. Perry said it was and sewer and water services would be provided by EPCOR. City Council Meeting Minutes - September 14, 2021 Page 3 of 11 Councilmember Turner encouraged staff to adhere to what voters approved in the General Plan. Mr. Phelps said other than the residential portion of the project, it was consistent with all the other development along the Loop 303 corridor. Councilmember Malnar said the project would provide residential rentals for industrial workers and he supported moving forward. Mayor Weiers said the project would create a buffer between the existing residential and the industrial uses. Councilmember Clark said the current County zoning was planned industrial and intermediate commercial. Council should not consider residential in the area because it would set a bad example for future developers. Mr. Phelps said staff would provide a memo with more information regarding the County designations and based on Council input, would take a different approach to the annexation agreement. Councilmember Tolmachoff said the County Assessor's website designated the area as C-2. The City annexation policy required property to be annexed in as close as possible to the designated zoning category. She wanted to find out if the County allowed residential in C-2 zoning. Ms. Perry said the County Assessor's website was updated quarterly and the information might not be accurate. Staff analysis showed the planned zoning to be industrial which closely matched the City's M-1 and intermediate commercial and would be similar to the City's C-2 and some of the uses in C-3. The City looked at the entire 36 -acre parcel and found that the most like zoning was M-1, planned industrial. Councilmember Tolmachoff asked where staff got the current information on zoning designations. Ms. Perry said staff used the Assessor's website as well as the County's database for zoning. The applicant's and City staffs analysis had matching zoning designations. Councilmember Tolmachoff said Council would like the updated information. Councilmember Turner said the residential developments directly west were large lot properties and to the northwest were single-family homes. He believed it was best to bring the property into the City and manage it with City's development standards rather than the County's and focus on zoning issues later. Councilmember Aldama was supportive of the proposal and agreed with Councilmember Malnar that the residential rentals would be used by workers in the far West Valley. He looked forward to the information regarding the C-2 designation. Mr. Phelps said staff would provide information regarding like for like existing zoning and an overview of opportunities available in the New Frontier area. Mayor Weiers confirmed unanimous consensus to proceed with the annexation process. City Council Meeting Minutes - September 14, 2021 Page 4 of 11 2. SPECIAL EVENT DOWNTOWN TRANSITION FOR FY2022 Presented by: Jim Burke, Director, Public Facilities, Recreation and Special Events Heidi Barriga, Special Events Administrator Ms. Bower read the item by title. Ms. Barriga presented information on the Live! @Murphy Park event series and discussed the upcoming FY2022 downtown special event season. Councilmember Tolmachoff asked who would provide concession service and if the Glendale Ambassadors would have an opportunity. Ms. Barriga said the downtown merchants would be selling merchandise on a couple of the nights and a beverage truck would provide a self-contained option that could be driven off the property each night. There was currently no opportunity for the Glendale Ambassadors. Councilmember Tolmachoff said the Glendale Ambassadors directly benefitted the City and the City should be working to give them opportunities to participate as well. Ms. Barriga said staff would look into it. Mayor Weiers asked if the private company to be used had been awarded a contract. Ms. Barriga said it had not. Mayor Weiers said it should be written into the contract that a percentage of the revenue went to the Ambassadors to accomplish what Councilmember Tolmachoff was requesting. Councilmember Tolmachoff said the Ambassadors volunteered as ushers during the May concert series and she would like the opportunity to be extended to them for the upcoming events. She asked if a survey was used to gather the comments from the May events. Ms. Barriga said the comments were heard while staff was standing in the crowd. Councilmember Tolmachoff would like the downtown manager to conduct intercept surveys with standard questions to collect data. Councilmember Clark supported the concept with the Ambassadors. The City was not providing opportunities for the local businesses to participate by selling food. Councilmember Turner agreed with the other Councilmembers regarding opportunities for the Ambassadors. He had attended over half of the events in May and did headcounts. He asked what method was used for the attendance number provided. Ms. Barriga said two Ambassadors were hired as well as the stage manager to provide a headcount twice a night. Councilmember Turner would like a formal process to be used going forward to ensure an accurate count. Councilmember Aldama supported having a space for the Ambassadors. Last year, the organization gave away $334,000 to organizations in Glendale and he wanted to continue that relationship. City Council Meeting Minutes - September 14, 2021 Page 5 of 11 Mayor Weiers asked if there would be food trucks in the park. Ms. Barriga said food trucks would compete with downtown local businesses and the goal was to provide only beverage service. Mayor Weiers wanted staff to pursue a partnership between the Ambassadors and local businesses. Mr. Phelps said the initial goal was to provide live entertainment and encourage patronage at the businesses located in the downtown area. Offering opportunities for other businesses to come in on event nights would be moving away from the original goal. Mayor Weiers wanted the Ambassadors to have fundraising opportunities. Councilmember Tolmachoff said the sale of liquor was not allowed. She noticed many people brought their own with them. Ms. Barriga confirmed the sale of liquor in the park was prohibited. Mr. Phelps understood Council would like the Ambassadors to be used as part of beverage service with some of the proceeds being donated. The goal was to keep revenue in the downtown businesses and not bring in outside vendors. Mayor Weiers asked Mr. Bailey what needed to be done in order to consume or sell alcohol in Murphy Park. Vice Mayor Hugh said the amphitheater was not considered part of the park. Councilmember Aldama supported the Ambassadors but did not want them to compete with downtown businesses that sold alcohol. Mr. Bailey said an executive session would be scheduled to go through the challenges regarding the sale of liquor in the park. 3. COUNCIL ITEM OF SPECIAL INTEREST REGARDING AMENDING CITY CODE TO AUTHORIZE DESIGNATION OF RENTAL PROPERTY AS A SLUM PROPERTY Presented by: Tim Boling, Code Official Ms. Bower read the item by title. Mr. Boling presented information and a draft ordinance to designate deteriorated rental properties as a "slum property." Councilmember Aldama thanked staff for the research. It was a tool that had been missing and would improve the lives of the citizens. It would allow the City to hold owners accountable, specifically at Glendale Manor. Councilmember Malnar supported moving forward with the item. It would be a benefit to the entire City. Councilmember Clark was in support of moving forward. City Council Meeting Minutes - September 14, 2021 Page 6 of 11 Mayor Weiers confirmed unanimous consensus to move forward. 4. PRESENTATION REGARDING CODE FOR KEEPING BEES Presented by: Rick St, John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John presented information on ordinances developed by other Arizona cities regarding beekeeping. Mayor Weiers said the City currently did not have an ordinance and therefore had no way of controlling residents keeping bees. Mr. Boling said currently keeping bees was permitted on property zoned A-1 and A-2. There were some non -conforming uses in residential areas. Mayor Weiers said the 5 feet from boundary requirement should be increased. He also wanted language that held the owner responsible for taking care of a hive. Councilmember Clark said in a dense area it was an issue of public health and she was in support of moving forward. Councilmember Tolmachoff said language should be added to notify or get permission from surrounding neighbors. She said there might need to be a permit to make sure the beekeepers were in compliance. Mayor Weiers said going with the proposed language would limit the amount of residents able to keep bees. Mr. Bailey said residents harboring a bees' nest unknowingly could be cited for a nuisance. The nuance regarded residents keeping bees specifically for honey production. Councilmember Clark said there should be a notification provision for surrounding neighbors. Councilmember Aldama supported a notification provision for surrounding neighbors. He asked how it would be handled if a school was adjacent to a property where bees were kept. Mr. St. John said staff would refer to the provisions regarding a public health issue and make a determination if the property could keep bees as a hobby in that close proximity to a school. Mayor Weiers said if there was not an adequate water supply, the bees would move to surrounding neighbors. Councilmember Tolmachoff suggested a permit to keep bees. Mayor Weiers asked if any state statutes applied. Mr. St. John said the only statutes regarding beekeeping were for commercial purposes. Mayor Weiers said there needed to be a way for the City and neighbors to know who was keeping bees. Councilmember Turner was concerned with the health aspect regarding the boundary from the City Council Meeting Minutes - September 14, 2021 Page 7 of 11 neighbors. He supported getting permission from the neighbors. Councilmember Tolmachoff said along with a permit there should be a searchable database of the beekeeping properties. Mayor Weiers agreed with notification but did not agree that permission was required. Councilmember Tolmachoff said notification was sufficient Mayor Weiers asked how long a permit would be valid. Councilmember Clark said it would be valid for as long as the neighbor had the bees. Mr. St. John said that was his understanding also. Councilmember Turner asked that the language regarding 200 feet from an existing dwelling also include 200 feet from a neighboring property. Mayor Weiers said there was Council consensus to move forward. 5. REQUEST FOR CITY COUNCIL TO AMEND GLENDALE CITY CODE CHAPTER 26 REGARDING CRIMINAL LITTERING Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John presented recommendations by Code Review Committee on amending the City Code by adding a new section regarding littering. Mayor Weiers said there was consensus to proceed. 6. STATUTORY PUBLICATION REQUIREMENTS Presented by: Julie K. Bower, City Clerk Michael Bailey, City Attorney Ms. Bower read the item by title. She said there were statutory requirements that the City publish its legal notices in a paper that was printed and published either in the City or in the County. The Glendale Star, the City's official newspaper, was printed in Yavapai County and did not meet the statutory requirement. Ms. Bower said there were other weekly papers printed and published in Maricopa County that would meet the statutory requirement but there would be an increase in publication costs. She requested Council direction regarding the criteria for selecting a paper. Ms. Bower requested direnction on whether Council wanted to continue the practice of publishing all adopted resolutions. The City spent over $3,000 each year publishing resolutions. Staff recommended publishing only resolutions that had a legal requirement to do SO. Mayor Weiers supported working with the League of Cities to get the statute changed to eliminate the requirement for newspaper publication and instead allow publication on the websites of cities and towns. He favored publication in The Capitol Times because of the cost. City Council Meeting Minutes - September 14, 2021 Page 8 of 11 Councilmember Tolmachoff said it was a source of revenue for the papers. She agreed with publishing in The Capitol Times. The City should cease publishing resolutions when possible. The information could be found on the City's website. Residents should be encouraged to seek out information on the website through the use of tutorials. Councilmember Clark agreed with no longer publishing all resolutions and using The Capitol Times. She liked Councilmember Tolmachoff's idea regarding the tutorials to navigate the City website and Mayor Weier's idea to involve the League regarding a move to electronic posting. Councilmember Turner said publishing a hard copy was useful for a certain generation. He said The Arizona Republic had a Glendale section that came out three times a week and would provide flexibility in meeting deadlines. It arrived locally and could be picked up around the City. An online subscription to the paper was $10 per month. Councilmember Malnar supported moving toward electronic only and utilizing The Arizona Republic and publishing only required resolutions. Mayor Weiers asked Mr. Bailey if the statutes would allow publishing a statement directing the reader to the City's website. Mr. Bailey would double check but said there was a requirement to publish the same information that was posted at City Hall and on the website. Councilmember Tolmachoff agreed with utilizing The Arizona Republic because of the circulation numbers and the Glendale section offered. Councilmember Clark would support using The Arizona Republic based on the reasons stated. Mayor Weiers confirmed consensus to publish in The Arizona Republic and publishing only those resolutions that required publication. CITY MANAGER'S REPORT Mr. Phelps said the Grand Ramadas Project at Saguaro Ranch Park was on schedule and on budget and would be completed this fall. Mr. Phelps said US Capital Development was a midwestern company completing its first project in Glendale near the Loop 303. The first of several buildings was near completion and the company had been complimentary of the City's team. Mr. Phelps said a live camera had been set up at the Crystal Lagoon Project and would begin to take still shots to compile a time-lapse of the process. CITY ATTORNEY'S REPORT No report City Council Meeting Minutes - September 14, 2021 Page 9 of 11 COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Clark requested a workshop to explore the creation of a special overlay district to be used to protect marginalized and disadvantaged neighborhoods throughout the City. Councilmember Tolmachoff requested a workshop to discuss policy changes based on the residential trash and recycling survey results. Councilmember Aldama had asked Councilmember Clark if her item of special interest regarding overlay districts encompassed his district. She had confirmed that it did include the Ocotillo District. He had asked to meet with her, but she had said no. The item violated Council's guidelines and asked Councilmember Clark to meet to share her ideas for his district. Councilmember Clark said it did not apply just to Councilmember Aldama's district. It applied to any marginalized neighborhoods within the City. She should have clarified that when she spoke to Councilmember Aldama and she did not feel the need to meet with him. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Lauren Tolmachoff to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 2:43 p.m. for: Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with a proposed agreements related to property in the area of Bethany Home Road and 91st Avenue pursuant to A.R.S. § 38-431.3 (A)(3)(4)(7); Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with agreements associated with the Arena pursuant to A.R.S. § 38-431.03(A)(3)(4)(7); Discussion/consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with a property at 4705 W. Glendale Avenue pursuant to A.R.S. § 38-431.03 (A)(3)(4)(7); and Discussion regarding appointments and matters relating to various boards, commissions and City Council Meeting Minutes - September 14, 2021 Page 10 of 11 other bodies pursuant to A.R.S. § 38-431.03(A)(3)(4) ADJOURNMENT Mayor Weiers adjourned the meeting at 4:03 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 14th day of September, 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 21 st day of September, 2021. (��7 --- -- J e K. Bower, MMC, City Clerk City Council Meeting Minutes - September 14, 2021 Page 11 of 11