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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/26/2021 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 CP%L IS7 Glendale A R I Z O N A Meeting Minutes Tuesday, October 26, 2021 5:30 P.M. Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar 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 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 Vicki Rios, Assistant City Manager Jack Friedline, Assistant City Manager PRAYER/INVOCATION The invocation was offered by Reverent Judah Montenegro, Surprise Apostolic Church. POSTING OF COLORS PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES 1. APPROVAL OF THE MINUTES OF THE OCTOBER 12, 2021 VOTING MEETING A motion was made by Vice Mayor Ian Hugh, seconded by Councilmember Joyce Clark to approve the minutes of the October 12, 2021 voting meeting. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed CONSENT AGENDA City Council Meeting Minutes - October 26, 2021 Page 2 of 23 2. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000028-1-12, STRATOSPHERE ADVENTURE PARK, 5665 W BELL ROAD #2 3. RECOMMEND APPROVAL OF LIQUOR LICENSE NO. 600000030-1-12, MOONLIGHT RESTAURANT, 5686 W BELL ROAD 4. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH J2 ENGINEERING AND ENVIRONMENTAL DESIGN, LLC FOR PLANNING, DESIGN, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE MID -CITY SPLASH PAD 5. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PRIMATECH, LLC FOR THE UPDATE TO THE BASIS OF DESIGN REPORT FOR THE VISION 2 DEVELOPMENT AREA 6. AUTHORIZATION TO AMEND AN EXISTING LINKING AGREEMENT WITH FCI CONSTRUCTORS, INC. (C20-0815) FOR JOB ORDER CONTRACTING SERVICES FOR GENERAL CITYWIDE CONSTRUCTION SERVICES 7. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH H&E EQUIPMENT SERVICES, INC., FOR THE COOPERATIVE PURCHASE OF FIREFIGHTING APPARATUS, WITH RELATED EQUIPMENT, ACCESSORIES, AND SUPPLIES A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Jamie Aldama to approve Consent Agenda items 2 through 7. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed CONSENT RESOLUTIONS Ms. Bower read the Consent Resolutions by title. 8. RESOLUTION NO. R21-104 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITIES OF AVONDALE, CHANDLER, GILBERT, GLENDALE, GOODYEAR, MESA, PEORIA, PHOENIX, SCOTTSDALE, SURPRISE, TEMPE, AND THE COUNTY OF MARICOPA, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM REALLOCATION, AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE FISCAL YEAR 2021 LOCAL SOLICITATION IN THE APPROXIMATE AMOUNT OF $78,712, ON BEHALF OF City Council Meeting Minutes - October 26, 2021 Page 3 of 23 THE GLENDALE POLICE DEPARTMENT, 9. RESOLUTION NO. R21-105 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A SUBRECIPIENT AGREEMENT AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE 2021 DEPARTMENT OF HOMELAND SECURITY PROGRAM GRANT AWARD (AGREEMENT NO. 210807-01), FOR THE 2021 GLENDALE FIRE DEPARTMENT TERRORISM LIAISON OFFICER PROGRAM SUSTAINMENT (AZ), IN THE APPROXIMATE AMOUNT OF $10,400, ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 10. RESOLUTION NO. R21-106 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A SUBRECIPIENT AGREEMENT AND AUTHORIZING THE ACCEPTANCE AND EXPENDITURE OF THE 2021 DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM AWARD (AGREEMENT NO. 210807-02) FOR THE 2021 UASI GLENDALE FIRE DEPARTMENT RRT SUSTAINMENT, IN THE APPROXIMATE AMOUNT OF $108,942, ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 11. RESOLUTION NO. R21-107 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING ACCEPTANCE AND EXPENDITURE OF THE FY2020 HOMELAND SECURITY GRANT PROGRAM AWARD FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, IN THE APPROXIMATE AMOUNT OF $1,069,407.27 FUNDED UNDER THE ASSISTANCE TO FIREFIGHTERS' GRANTS FOR PURCHASE OF THERMAL IMAGING CAMERAS AND IMPLEMENTATION OF A COMPREHENSIVE CANCER SCREENING PROGRAM ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 12. RESOLUTION NO. R21-108 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR EMERGENCY BACKUP WATER SERVICES. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Bart Turner to adopt Consent Resolutions items 8 through 12. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner City Council Meeting Minutes - October 26, 2021 Page 4 of 23 Passed BIDS AND CONTRACTS Ms. Bower read the Bids and Contracts items by title. 13. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH WESTERN STATES PETROLEUM, INC., FOR GASOLINE AND DIESEL FUEL AND RATIFICATION OF EXPENDITURES A motion was made by Vice Mayor Ian Hugh, seconded by Councilmember Jamie Aldama to approve item 13. Councilmember Clark said, as was her habit and practice, she would be voting no on the Bids and Contracts items because she did not believe 5 -year contracts were appropriate. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 14. AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH AGILENT TECHNOLOGIES, INC. FOR THE PURCHASE OF LABORATORY INSTRUMENTATION PARTS A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to approve item 14. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 15. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH FOSTER ELECTRIC MOTOR SERVICE, INC. FOR WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR City Council Meeting Minutes - October 26, 2021 Page 5 of 23 A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Lauren Tolmachoff to approve item 15. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 16. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH JAMES, COOKE & HOBSON, INC. FOR WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to approve item 16. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed 17. AUTHORIZATION TO ENTER INTO A LINKING AGREEMENT WITH HENNESY MECHANICAL SALES, LLC. FOR WATER AND WASTEWATER EQUIPMENT MAINTENANCE AND REPAIR A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to approve item 17. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed City Council Meeting Minutes - October 26, 2021 Page 6 of 23 18. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TROJAN TECHNOLOGIES GROUP ULC, CORPORATION FOR ULTRA VIOLET SYSTEM PARTS AND SERVICES A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Jamie Aldama to approve item 18. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Councilmember Joyce Clark Passed LAND DEVELOPMENT ACTIONS 19. RESOLUTION NO. R21-109 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 GPA21-09 FOR PROPERTY LOCATED WEST OF THE SOUTHWEST CORNER OF 59TH AVENUE AND THUNDERBIRD ROAD. ORDINANCE NO. 021-67 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED WEST OF THE SOUTHWEST CORNER OF 59TH AVENUE AND THUNDERBIRD ROAD FROM C-0 (COMMERCIAL OFFICE) TO C-1 (NEIGHBORHOOD COMMERCIAL) AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE (PUBLIC HEARING). Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the resolution and ordinance by title. Ms. Perry said the request was for a minor General Plan Amendment (GPA) application as well as a rezoning request for a project titled "Raising Cane's" located west of the southwest corner of 59th Avenue and Thunderbird Road. Ms. Perry said the minor General Plan amendment would change the land use designation from OFC (Office) to GC (General Commercial). The rezoning request was to rezone the site from C-0 (Commercial Office) to C-1 (General Commercial). Ms. Perry said the end-user had been identified as Raising Cane's Restaurant with drive-thru services. The drive-thru use was subject to approval of a Conditional Use Permit (CUP) which had been approved by the Planning Commission subject to Council's approval of the GPA and rezoning request. City Council Meeting Minutes - October 26, 2021 Page 7 of 23 Ms. Perry said the Planning Commission had approved the GPA and rezoning request at a public hearing on October 7, 2021. Mayor Weiers opened the public hearing. No one wished to speak. Councilmember Malnar asked how the drive-thru would work and how it would impact traffic. Thunderbird Road was extremely busy. Ms. Perry said the Planning Commission had added a stipulation to restrict access off of Thunderbird Avenue to right-in/right-out only to mitigate the increased traffic. Chuck Bennett, PM Design Group, Inc., said the restaurant typically had trained crew members who monitored and directed traffic. As cars exited the drive-thru, they would be forced to turn left and circle the site for better access to both exits, one at 59th Avenue south and the other at Thunderbird Avenue west. Mayor Weiers closed the public hearing. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce Clark to adopt Resolution No. R21-109. Councilmember Tolmachoff asked what the daily car count was for the restaurant. She was concerned because the restaurant was located near a daycare and a hospice. Mayor Weiers said she could state her concern but because the voting had started, questions were not appropriate. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Lauren Tolmachoff Passed A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce Clark to adopt Ordinance No. 021-67 Mayor Weiers asked if there was any discussion or questions. Councilmember Tolmachoff asked what the average daily car count was for a Raising Cane;s. A restaurant was located in her district, and it generated long lines of cars. Mr. Bennett did not have a car count. During busy times, traffic control measures were put City Council Meeting Minutes - October 26, 2021 Page 8 of 23 into place. Councilmember Malnar said several constituents in his district had expressed concerns about the traffic. The restaurant would monitor traffic and with the right-in/right-out only, it should satisfy constituent concerns. Councilmember Tolmachoff was aware of the amount of traffic the restaurant would generate. The high -traffic use was more intense than what the site was originally zoned for. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Bart Turner NAY: Councilmember Lauren Tolmachoff Passed 20. ORDINANCE NO. 021-68 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND ITS AMENDMENTS, BY ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHWEST CORNER OF NORTHERN AVENUE AND REEMS ROAD IN THE CITY OF GLENDALE CONSISTING OF APPROXIMATELY 103.78 ACRES TO BE KNOWN AS ANNEXATION AREA NO. 228; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the resolution and ordinance by title. Ms. Perry said the annexation request involved approximately 104 acres for a multi -building industrial development. The property was currently within the Maricopa County jurisdiction and zoned RU -43 which was a single- family zoning district with a minimum lot size of 43,000 square feet. Upon annexation, like zoning of RR -45 (Rural Residential) would be applied. The applicant was proposing to rezone the property to PAD (Planned Area Development) for a non-residential mixed-use development. City Council Meeting Minutes - October 26, 2021 Page 9 of 23 A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Ian Hugh to adopt Ordinance No. 021-68 Mayor Weiers opened the public hearing. The following people were opposed to the item but did not wish to speak: Danielle Vazquez, Litchfield Park Hiram Vazquez, Litchfield Park Eugenio Vazquez, Litchfield Park Michael Goss, Litchfield Park Rosalinda Meza, Litchfield Park David Avillaneda, Litchfield Park Leonides Cruz, Litchfield Park David Meza, Litchfield Park Jack Cheatham, Litchfield Park Jose Ybarra, Litchfield Park Laura Curtis, Litchfield Park Paloma Meza, Litchfield Park Juan Hernandez, Litchfield Park The following people spoke in opposition: Jason Farmer, Litchfield Park Karen Tillia, Litchfield Park Lisa Goss, Litchfield Park Glory Williamson, Litchfield Park Mike Ware, Litchfield Park Anelle Ware, Litchfield Park Ernestina Bustamante, Litchfield Park Lorena Cruz, Litchfield Park Janet Sellers Wallick, Litchfield Park Lissa Wallick, Litchfield Park Joanna Botran, Litchfield Park Kathy Meza, Litchfield Park Councilmember Tolmachoff asked if the applicant could clarify the traffic mitigation on Alsup Road. Shane Alleman, Tiffany & Bosco, said seven stipulations had been added relating to Alsup Road specifically. Maricopa County Department of Transportation (MCDOT) had jurisdiction for the road. MCDOT had required restrictions requiring traffic to go north on Alsup Road. There would be further review and approval by MCDOT. Mayor Weiers closed the public hearing. Councilmember Clark said the property was located in the Yucca District which she represented. She was not without sympathy for the people who spoke. They did not want change but after the Loop 303 was constructed, there was no way the land would stay agricultural. Development, whether it was residential, commercial or industrial/manufacturing, generated traffic and was inevitable. MCDOT would be widening Alsup Road to three lanes with sidewalk and gutter which would be safer for children walking to a bus stop. No one liked change. She lived on a one -acre lot one mile from the stadium. Her neighborhood was not happy when the stadium and arena were built, City Council Meeting Minutes - October 26, 2021 Page 10 of 23 but had learned to accommodate it and maintain its lifestyle. It was not easy to accommodate change, but she knew the speakers could do it. Councilmember Turner said if the City did not annex the property, it would be developed under the County's standards. The City's standards were stricter and more beneficial to the neighborhood. There were 17 stipulations on the proposed zoning. The speakers had had an impact on the development. Mayor Weiers said for the past four years, Maricopa County was the fastest growing county in the United States and a lot of the growth was occurring in the West Valley. He understood the speakers' viewpoint, but growth was a fact. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 21. ORDINANCE NO. 021-69 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF NORTHERN AVENUE AND REEMS ROAD FROM RR -45 TO PAD FOR PROJECT KNOWN AS "HOPEWELL;" AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE (PUBLIC HEARING). Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the ordinance by title. Ms. Perry said the item was the entitlements for the property that was just annexed, for a project entitled "Hopewell PAD." The property was located on the southwest corner of Northern Avenue and Reems Road and was approximately 104 acres in size. The request was to rezone the property from RR -45 (Rural Residential) to PAD (Planned Area Development) to allow for a non-residential mixed-use development. The property land use designation was LCLU (Luke Compatible Land Use Area). Ms. Perry said the proposed land uses included industrial and commercial with a building height of 85 feet subject to Federal Aviation Administration (FAA) approval. The applicant proposed a minimum setback of 60 feet from residential uses. It would be developed in two phases. There would be two full access points along Northern Avenue, 5-6 access points along Reems Road, and three full access points along Alsup Avenue. Along Alsup Avenue, the applicant proposed a setback of 200 feet from the residences. Ms. Perry said comments had been received regarding concerns about traffic volume, semi -trucks and safety issues along Alsup Avenue. On October 7, 2021, the Planning City Council Meeting Minutes - October 26, 2021 Page 11 of 23 Commission voted 3-3 on the request which was recorded as a denial of the request. Staff was recommending approval based on the plan being in compliance with the City's General Plan, the LCLU, meeting the requirements of PAD zoning, was compatible with other developments in the area, and the site plan alleviated concerns expressed by the neighboring residences. Mayor Weiers opened the public hearing. The following people spoke in opposition to the proposed ordinance: Michael Goss, Litchfield Park Glory Williamson, Litchfield Park Mayor Weiers closed the public hearing. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 021-69. Councilmember Aldama asked if the building height being proposed was 85 feet. Mr. Alleman said the applicant was going through the FAA process with a building height of 85 feet. Councilmember Aldama said he lived in the heaviest industrial area in the City, the Ocotillo District. It was not that bad. Councilmember Turner said current residents had enforcement issues and should put pressure on the County for better enforcement. He said the 3-3 vote of the Planning Commission was a tie and not a denial. Stipulations had been added by the Commission. The site plan process would be another opportunity for the public to make sure the stipulations were adhered to. People had a right to develop their property. He sympathized, but it was in the best interest of the entire community to develop the area to its highest and best use which was the proposed use. Mayor Weiers said 17 stipulations was unheard of, and it showed that the residents' concerns had been heard. Council would make sure the stipulations happened and that was a win for the residents. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed City Council Meeting Minutes - October 26, 2021 Page 12 of 23 Mr. Phelps said the City's noise ordinance was much stricter than the County's. Residents should contact his office if there were noise or construction occurring outside the allowed timeframe. 22. ORDINANCE NO. 021-70 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND ITS AMENDMENTS, BY ANNEXING CERTAIN TERRITORY LOCATED AT THE SOUTHEAST CORNER OF NORTHERN AVENUE AND COTTON LANE IN THE CITY OF GLENDALE CONSISTING OF APPROXIMATELY 36 ACRES TO BE KNOWN AS ANNEXATION AREA NO. 227: AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE ORDINANCE. Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the ordinance by title. Ms. Perry said the annexation request involved approximately 36 acres for a mixed-use development. The area was designated Regional Mixed Use in the General Plan. The property was currently within the Maricopa County jurisdiction and zoned Planned Industrial (IND -1) and Intermediate Commercial (C-2). The most compatible City zoning district was M-1 (Light Industrial) and C-2 (General Commercial). If the annexation was approved, the next agenda item would rezone the property from M-1 and C-2 to PAD (Planned Area Development). The proposed PAD zoning district would allow for industrial, commercial, and multi -family residential uses. A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 021-70. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 23. ORDINANCE NO. 021-71 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING 36 ACRES LOCATED AT THE SOUTHEAST CORNER OF NORTHERN AVENUE AND COTTON LANE FROM M-1 (LIGHT INDUSTRIAL) AND C-2 (GENERAL COMMERCIAL) TO PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN ENTITLED "COTTON NORTHERN MIXED USE PLANNED AREA DEVELOPMENT"; AMENDING THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THE City Council Meeting Minutes - October 26, 2021 Page 13 of 23 ORDINANCE (PUBLIC HEARING). Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the ordinance by title. Ms. Perry said the 36 -acre property was located at the southeast corner of Northern Avenue and Cotton Lane. The request for the project entitled "Cotton Northern Mixed Use Planned Area Development" was to rezone the property from M-1 (Light Industrial) and C-2 (General Commercial) to PAD (Planned Area Development) to allow for a mixed-use development consisting of commercial, industrial and residential uses. Ms. Perry said the applicant was proposing to construct industrial & commercial buildings on approximately 24 acres and 144 multi -family residential units on approximately 14 acres. She said the site was challenging and flexibility was necessary. There was a 100 -foot electrical easement and a 15 -foot wide utility and access easement. On October 7, 2021, the Planning Commission recommended approval subject to stipulations. Councilmember Turner asked what was planned for the northwest corner of the property. Ms. Perry said the property was owned by a church and there was no annexation or project request for the site. 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 Jamie Aldama to adopt Ordinance No. 021-71. Councilmember Clark was in support of the project because it was better that it be developed in the City rather than the County. The Council policy discouraged residential in the area. She did not like residential on the site because it sent the wrong message to developers. The residential was on just 14 acres of the 36 -acre site, but the entire acreage was used to calculate dwelling units per acre to meet Luke Air Force Base's requirement of 4 dwelling units per acre. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed City Council Meeting Minutes - October 26, 2021 Page 14 of 23 24. ORGANICS LOOP 303 ANNEXATION APPLICATION AN -229 (PUBLIC HEARING) LOCATED AT THE SOUTHWEST CORNER OF BETHANY HOME ROAD AND SARIVAL AVENUE Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the item by title. Ms. Perry said Organics Loop 303 was a 75 -acre parcel located at the southwest corner of Bethany Home Road and Sarival Avenue. The current County zoning was RU -43 and the applicant proposed to rezone the property to PAD for an industrial center. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. 25. PARKWAY 303 WEST ANNEXATION AN -231 APPLICATION (PUBLIC HEARING) LOCATED AT THE SOUTHEAST CORNER OF PEORIA AVENUE AND COTTON LANE Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the item by title. Ms. Perry said Parkway 303 West was a 262.6 -acre parcel located at the southeast corner of Peoria Avenue and Cotton Lane. It was currently zoned RU -43 in Maricopa County. The applicant proposed to rezone the property to PAD for commercial and industrial development. Mayor Weiers opened the public hearing. No one wished to speak. Mayor Weiers closed the public hearing. ORDINANCES 26. ORDINANCE NO. 021-72 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 25 (NUISANCES), ARTICLE VI (DAMAGED BUILDINGS), BY ADDING SECTION 25-77 (SLUM PROPERTY DESIGNATION). Presented by: Rick St. John, Deputy City Manager Ms. Bower read the ordinance by title. Mr. St. John said the proposed ordinance would add the ability to designate a rental property as a slum property, file assessments and liens, establish a hearing officer to hear appeals, and establish an appeal process. City Council Meeting Minutes - October 26, 2021 Page 15 of 23 A motion was made by Councilmember Jamie Aldama, seconded by Vice Mayor Ian Hugh to adopt Ordinance No. 021-72. Councilmember Aldama said property owners were on notice to keep their properties in compliance. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Other: Councilmember Joyce Clark (ABSENT) Passed 27. ORDINANCE NO. 021-73 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE BY ADDING CHAPTER 30, ARTICLE IV -PAVEMENT PRESERVATION ORDINANCE. Presented by: Don Bessler, PWLF, Director of Engineering Ms. Bower read the ordinance by title. Mr. Bessler said the proposed ordinance would codify the rules around pavement cuts on street surfaces. The purpose was to preserve City assets and investments, extend the life of street pavement and reduce maintenance costs. The feedback from utility companies had been incorporated into the ordinance. A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to adopt Ordinance No. 021-73. Councilmember Aldama thanked Mr. Bessler for an outstanding item. He commended him for his leadership. Councilmember Tolmachoff thanked Mr. Bessler and his team. Residents were investing millions in pavement and the ordinance went a long way to protect that investment. Councilmember Turner said pavement cuts shortened the life of the pavement by as much as ten year which amounted to millions of dollars. It was important. The vote on the motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar City Council Meeting Minutes - October 26, 2021 Page 16 of 23 Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed 28. ORDINANCE NO. 021-74 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE EXECUTION OF EASEMENTS, WARRANTY DEEDS 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 E. Chapin, P.E., Principal Engineer Ms. Bower read the ordinance by title. Ms. Chapin said the maps of dedication, deeds and easements were in support of both private development and City projects throughout the City. Staff recommended approval so that the City could maintain and operate its infrastructure. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Lauren Tolmachoff to adopt Ordinance No. 021-74. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed RESOLUTIONS 29. RESOLUTION NO. R21-110 A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ESTABLISHING WATER AND SEWER USER RATES PURSUANT TO GLENDALE CITY CODE; AND SETTING FORTH EFFECTIVE DATES. Presented by: Vicki Rios, Assistant City Manager Craig Johnson, P.E., Director, Water Services Ms. Bower read the resolution by title. Ms. Rios requested that Council first conduct a public hearing regarding proposed water and sewer rates. After the public hearing, staff requested Council adopt a resolution adjusting the water and sewer rates effective for bills issued on or after January 1, 2022 and continuing each January through 2026 respectively. The proposed water rate revenue increase was 4.3% and the increase for sewer rate revenue increase was 3.0% each year. City Council Meeting Minutes - October 26, 2021 Page 17 of 23 A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Jamie Aldama to adopt Resolution No. R21-110. Councilmember Tolmachoff said she would be offering an amendment to the main motion. Council had established a precedent of establishing rates in 2 -year increments. She believed it was more prudent to be absolutely certain that the rates would accommodate what the City's costs were. There was too much uncertainty to adopt a 5 -year rate plan. The 5 -year plan could be used if at the end of the two years, Council saw that it worked to cover costs. A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Joyce Clark to amend the resolution to implement the rate increases in January 2022 and January 2023 and then reassess at the end of the two years. Councilmember Aldama asked if Council adopted the 5 -year plan, could it be reviewed after two years. Mr. Phelps said that was correct. Councilmember Aldama did not think it made sense to adopt a 2 -year plan and go through the process again if the 5 -year plan could be reviewed at the 2 -year mark. Councilmember Tolmachoff said there was a very good chance that costs would increase because of the Colorado River shortage. The cost to deliver the water would not go down even though less water would be delivered and sold. She did not want to adopt a 5 -year plan and then have to go back and increase it. Mayor Weiers asked if less water was delivered, would the City be charged more for the water. Mr. Johnson said that was correct. The operations and maintenance costs for the canal, remained the same and was shared by the users. If there were less users, the same price was shared and the price per acre foot would go up. Mr. Phelps said if Council adopted the 5 -year plan and projections were met, no new rate increase would be necessary. At any and all times, Council had the right to adjust rates if circumstances changed. Mayor Weiers said if Council could revisit the rates at any time, he did not know what the amendment would accomplish other than making it mandatory that the rates be addressed in two years. Councilmember Tolmachoff did not want to tell residents that rates were set for the next five years when there was not a lot of certainty and an adjustment was likely. The City could probably be certain for the next two years and a precedent had been established for setting rates every two years. Councilmember Malnar disagreed with Councilmember Tolmachoffs argument. There was nothing wrong with informing the residents of what the expected rate would be for the next five years. Everyone knew that inflation could kick in or anything could happen to cause things to get out of whack and require an adjustment. He hoped Council would be reluctant to go back into the plan and raise the rates even if there were increases. The City Council Meeting Minutes - October 26, 2021 Page 18 of 23 City should do everything it could to absorb the increases and reduce costs to keep the rate that was promised. Councilmember Turner said the amendment would require the Council to look at the rates in two years. When he became a Councilmember, rates had not been adjusted for over ten years and a large adjustment had been necessary. He did not want to put a future Council in that same situation. The rates should be adopted every two years. He said there were Councilmembers who were reluctant to adopt 5 -year contracts so things that had such an immediate impact on residents should be addressed on a more frequent interval. Councilmember Aldama said his district needed adequate water all of the time and that was why he supported the plan as proposed. A lot of staff time had been invested in the current plan, and he did not want to do it again in two years. Council could review the rates at any time. Councilmember Tolmachoff was not talking about not adopting rate increases. She had voted previously for the rate increases because she understood the need for infrastructure. She did not know why a 5 -year plan was developed when rates had previously been approved in 2 -year increments. Councilmember Clark agreed with Council Tolmachoff. Traditionally, the City had looked at the rates every two years. She could not see a reason to abandon that practice. She wanted to review the rates in two years. If provided an opportunity to inform rate payers of exactly what the City was doing with water and sewer rates. Vice Mayor Hugh asked if there would be any harm in adopting a 2 -year plan. Mr. Johnson said there was no harm in a 2 -year plan. It would give staff 18 months to review the revenue and update Council. Mr. Phelps said the largest impact on the rate was not going to be supply. There was a specific, long range capital improvement plan for making improvements to the plant, development of supply, replace redundancy and an aging infrastructure and address new purification regulations. Having predictability on a 5 -year rate structure was most advantageous. At any time, every year, Council could readjust the rates. It meant that the City would not have to stop the process and have staff re-engage with the public. Mayor Weiers said if Council adopted the 5 -year plan, it could still revisit the rates every year. He asked if there was a possibility that the rates would decrease. Mr. Johnson said, based on the capital improvement plan, he did not see a possibility of the rates being lowered. Mayor Weiers did not see a difference between adopting a 2 -year plan or a 5 -year plan. Mayor Weiers opened the public hearing. No wished to speak. Mayor Weiers closed the public hearing. The vote on the amendment was: City Council Meeting Minutes - October 26, 2021 Page 19 of 23 AYE: Councilmember Joyce Clark Councilmember Lauren Tolmachoff Councilmember Bart Turner NAY: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar Failed Councilmember Clark did respect Mr. Johnson's advice. She did find that the case was made for raising the rate at some time. She did have a problem with redundancy. It was not a critical element but was something that the City would like to accomplish over time. The rates did not take into accournt the tremendous growth in the City. She also had a problem with the compounding of the rates and thought there should be an adjustment for that. Councilmember Tolmachoff would gladly support a 2 -year increment as had been done in the past. She was not comfortable adopting a 5 -year rate plan. Councilmember Turner said it was crucial to review the rates on a regular basis. He believed Council had requested a 2 -year plan. It was in the best interest of the City that the Council have to look at the rates on a 2 -year basis. The vote on the main motion was: AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Ray Malnar NAY: Councilmember Joyce Clark Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed NEW BUSINESS 30. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PLAZA DEL RIO MANAGEMENT CORPORATION TO DEVELOP MARKETING AND BRANDING MATERIALS FOR 54 +/- ACRES OF CITY OWNED PROPERTY AND 9 +/- PRIVATELY OWNED ACRES LOCATED AT SOUTHEAST CORNER OF 95TH AVENUE AND CARDINALS WAY Presented by: Brian Friedman, Director- Economic Development City Council Meeting Minutes - October 26, 2021 Page 20 of 23 Ms. Bower read the item by title. Mr. Friedman was requesting Council approve a professional services agreement with Plaza del Rio Management Corporation to serve as the owner's representative for the purpose of developing a communications plan to include marketing and branding materials for the entire 63 -acre site located at the southeast corner of 95th Avenue and Cardinals Way. The agreement included specific deliverables, timelines and associated costs. The agreement was the next step in continuing to explore the project's viability with the City's development partners and adjacent landowner. Mr. Friedman said the deliverables included: • A branding charette to develop the project name, design concepts, graphics, logos, project identity, marketing and collateral materials • A brand style guide for the logo to include color palette, typography, tagline, icons, value proposition, messaging pillars and differentiators • A comprehensive manual establishing the logo usage guideline • Comprehensive communications plans and marketing materials to promote the site to the open market Mr. Friedman said the cost was not to exceed $26,100 and would be transferred from the General Fund Contingency. The term of the agreement was 12 months, but staff expected an earlier completion. Councilmember Tolmachoff requested a spreadsheet of the running total of the expenses for the project. A motion was made by Councilmember Ray Malnar, seconded by Councilmember Jamie Aldama to approve item 30. Councilmember Turner said 10 acres of the site was privately -owned. He asked if the private owner was participating in the costs on a prorated share. Mr. Friedman said the private owner was not participating at this time. Councilmember Clark supported the agreements with Plaza because each one put meat on the bones of the idea. Right now, Council was in the concept phase for the property. It was another building block in identifying the possibilities for the site. Councilmember Tolmachoff believed in limited government and government staying out of people's business. The project was basically government acting as a developer and investor. She disagreed with that and government competing with private investment. She did not believe taxpayer money should be used to compete with private investment. Councilmember Turner said the project had yet to be presented to the public. As Mayor Weiers had stated earlier, Maricopa County was the fastest growing county in the nation. The City did not need to be incentivizing the Westgate area or covering the costs for private landowners or competing with private developers. The City did not belong in the developer role. Taxpayers had already incentivized development in that area, and it was time they reaped the benefits. If the City wanted to put the property on the market, it should just sell the property. The vote on the motion was: City Council Meeting Minutes - October 26, 2021 Page 21 of 23 AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar NAY: Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed COUNCIL COMMENTS AND SUGGESTIONS Councilmember Aldama said it was the last weekend for Live @ Murphy Park, The series would continue in December. Councilmember Clark held her district meeting last week. It was the first district meeting she had held in over a year. She thanked staff for the informative presentations. Councilmember Malnar recognized the Streets and Engineering Departments for the work being done on Cactus Road, between 51 st Avenue and 59th Avenue. He was very impressed with the process. It had been quick and efficient with very little traffic issues. Councilmember Malnar recognized the 161st Air Refueling Wing of the Air National Guard. He had observed the Wing's air tanker refueling training of ten F -35s last weekend. Councilmember Tolmachoff said she and Coucilmember Malnar would be hosting a shred event Saturday at the Foothills Library from 8:00 a.m. to 11:00 a.m. Councilmember Tolmachoff said her next district meeting would be held on December 2nd at 5:30 p.m. at the Foothills Recreation and Aquatics Center. Vice Mayor Hugh said his district meeting was October 27th at Manistee Ranch. Mayor Weiers said the organization that provided the ride -along with the Air National Guard was the Patriot Air National Guard (PANG). He had been a board member of PANG for several years. CITIZEN COMMENTS None ADJOURNMENT Mayor Weiers adjourned the meeting at 7:59 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 26th day of October, 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. City Council Meeting Minutes - October 26, 2021 Page 22 of 23 Dated this 10th day of November, 2021. Julie6,Kower, MMC, City Clerk City Council Meeting Minutes - October 26, 2021 Page 23 of 23