Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/22/2022City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 /C Glendale A R I Z O N A Meeting Minutes Tuesday, March 22, 2022 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Jamie Aidama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:30 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh 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 WORKSHOP SESSION 1. TRANSPORTATION DEVELOPMENT IMPACT FEE UPDATE Presented by: Don Bessler, Director of Engineering Dan Cleavenger, Interim Director of Transportation TischlerBise, Consultant Ms. Bower read the item by title. Mr. Bessler said development impact reports and infrastructure improvement plans were for a ten-year period but were required by the state to be updated every five years. Council approved the agreement with TischlerBise for an update of the transportation portion of the Development Impact Fee (DIF) Program. He said the presentation was a progress report and no action was needed. Mr. Griffin provided a presentation, which included an overview of: . Development Fee Basics . Land Use Assumptions *Infrastructure Improvements Plan . Fee Comparison . Adoption Timeline Councilmember Clark disputed the use of Maricopa Association of Governments' (MAG) projections. She asked why the MAG projection was being used without being checked against the City's Planning Department figures. The figures used for the east Glendale projections were too low. Mr. Bessler asked if the figures used included the east and west sides of 115th Avenue. Councilmember Clark said the figures were for the east of 115th Avenue. City Council Meeting Minutes - March 22, 2022 Page 2 of 13 Mr. Bessler said if a building permit was pulled or under construction, it was not included in the projections because the building was subject to current DIF. Councilmember Clark asked for clarification. Mr. Phelps clarified the DIF fee was paid in advance. Mr. Bessler said staff would verify the numbers. The Planning and Economic Development Departments were included in the calculations. Councilmember Turner asked if DIF funds could be used for the expansion of the library to accommodate the population. Mr. Griffen explained streets funds had to stay where collected, either east or west of 115th Avenue. DIF funds for police, fire, library, and parks could be used throughout the City. Mr. Griffen clarified if the City grew more than projected, it would collect more revenue based on the incremental methodology. Councilmember Clark asked if there were discussions for a project to develop a connection between the airport and Westgate. Mr. Bessler said a specific project was not on the list, but the Transportation staff was aware Council had discussed the project, and it could be worked into the list if directed by Council. Councilmember Tolmachoff asked if the Maryland Avenue to Glenn Harbor Boulevard Project referred to the airport connection. Purab Adabala, Transportation Administrator, explained New River Road, between Maryland Avenue and Glenn Harbor Boulevard, was part of the development on the east side of the airport but it was not meant to cross the river. Councilmember Tolmachoff asked if any of the funds would be available for para -transit. Mr. Griffin said per Arizona legislation, the funds were allowed for street improvements however, it must be within the right-of-way. Transit improvements were ineligible for DIF funding. Councilmember Clark asked about the difference in the mile length calculations for the 83rd Avenue project from Glendale Avenue to Northern Avenue and the 99th Avenue project for the same roads. Mr. Adabala said 99th Avenue had proposed developments which would build some of the new lanes and the difference was the length the City would be constructing. Councilmember Tolmachoff asked if a new signal was required, was the City responsible or was it a shared cost with the County. Mr. Bessler said the projects on the list were signals for which the City had sole responsibility. Mr. Griffin said the project list only displayed the growth cost for the projects, not the total cost. Councilmember Clark asked how much DIF was anticipated to cover the $152 million for the project cost factors. City Council Meeting Minutes - March 22, 2022 Page 3 of 13 Mr. Griffin estimated $22.6 million in DIF for west Glendale projects. Mr. Phelps said the adoption of the plan was not intended to authorize completion of the listed projects. The project list was utilized for the calculation of DIF. Any future road project would come with defined funding sources. Councilmember Clark asked if the project total estimate justified increasing the DIF for streets. Mr. Griffin said the fee could be made higher but cautioned against preventing development from occurring. Councilmember Clark said it was not fair to taxpayers for the City to subsidize many of the projects. Councilmember Turner asked about the funding source for the $130 million difference in project cost. Mr. Bessler said staff prepared a ten-year maximum build out list. Not every project needed to be built or would be built and it could be updated as the Council desired. Councilmember Turner asked about the funding sources for the approximately $130 million shortfall in project costs. Mr. Bessler would not characterize it as a shortfall. Mr. Phelps said the DIF fees had changed over time. It was important to have a competitive DIF within the region and agreed with not burdening the established taxpayers with the cost of new growth. Councilmember Tolmachoff asked if staff could prioritize the proposed street improvement list for the next meeting. She asked if there was a statutory limit on what the City could charge for the DIF fees. Councilmember Clark wanted the construction fees in addition to DIF to be applied to the streets in the west Glendale area. She did not want to charge existing taxpayers for the growth. Councilmember Tolmachoff requested a discussion to consider a set aside for future transportation needs in west Glendale. Mayor Weiers was open to a discussion for contingency funding in the future. Councilmember Turner did not want to dig a deeper hole for the next Council or future residents. Mr. Bessler referenced slide 15 and noted many projects on the list were signalization projects and would have to be warranted. Councilmember Tolmachoff asked if the fees were negotiable depending on the project. Mr. Griffin said the Arizona legislation indicated a fee might be waived or reduced but a city had to make the impact fee fund whole. Another revenue source must be used to make up the difference. City Council Meeting Minutes - March 22, 2022 Page 4 of 13 Councilmember Malnar said the proposal was for a 19% increase on average. The amount could be reviewed again in two years and could be raised if needed. He was comfortable with the proposals as presented. Mayor Weiers agreed with Councilmember Malnar. He was supportive of staffs recommendations knowing that Council had the opportunity to adjust fees in the future. Mr. Phelps agreed with taking an annual approach to reviewing the DIF amounts to remain competitive. Mayor Weiers asked if Goodyear was most comparable to Glendale in regards to business development. Mr. Phelps said Glendale competed the most with Goodyear and Surprise. Councilmember Clark requested a review of the fees on an annual basis. Vice Mayor Aldama was unsure if the City should have the highest fees. He said if the economy went downhill, it could encourage developers to leave the City, which was not beneficial. Mr. Phelps said TischlerBise based the assumptions on growth estimates and a defensible model. He said the fee needed to be justifiable to the community. Councilmember Tolmachoff asked how inflation was included in the fees. Mr. Bessler said the 2022 costs were used and in years 2, 3, 4, and 5, a 2.5% increase compounded over those years was included. Mayor Weiers would like to see the DIF come before Council annually for approval. Mr. Bessler explained the adoption process could be simplified if discussed annually. Councilmember Tolmachoff asked when staff would return to Council. She wanted stakeholder outreach included at the next presentation Mr. Bessler suggested the April 29th Council Workshop. 2. COUNCIL ITEM OF SPECIAL INTEREST - TRANSIT ASSET ADVERTISING Presented by: Kevin Link, Transit Administrator Shahid Abbas, Transportation Director Ms. Bower read the item by title. Mr. Link provided a recap of information obtained from the approved request for Information (RFI) and reviewed the responses received. He requested feedback on how the City should move forward with the Transit Advertising Program. Mr. Link said there were two options if Council directed staff to move forward with the program. The first would be to prepare and release a request for proposals (RFP). The second would be to piggyback off of an existing contract in the region such as Mesa, Chandler, and Peoria. Staffs recommendation was to implement static advertising at bus stops and to City Council Meeting Minutes - March 22, 2022 Page 5 of 13 adopt the City of Phoenix's advertising standards. Mayor Weiers asked about the shared responsibility along Camelback Road. Mr. Link said Glendale was responsible for the bus stops on the north side of Camelback. Mr. Link said the Citizens Transportation Oversight Commission (CTOC) agreed with staffs recommendation. Councilmember Clark asked for the total number of bus stops in Glendale. Mr. Link said there were 595 bus stops with 189 shelters at the stops. Councilmember Clark asked if the comparison chart included the number of stops for the other cities in total or only those with advertisements. Mr. Link said it was just the static display advertisements. Mr. Link said advertisers made revenue by selling arterial to arterial but advertising could still be done at other stops. Staff could discuss putting in additional shelters or possibly upgrading current shelters with advertisers. Councilmember Malnar asked if the advertising revenue went back into the bus stops. Mr. Link said bus advertising revenue was required to stay in transit because of the federal funding for the assets. The advertising revenue from shelters and bus stops could go back into the General Fund or transit program to offset costs. Councilmember Malnar recommended using the revenue towards improving the bus stops. Councilmember Tolmachoff asked why advertising on buses was not recommended. Mr. Link said it was based on advertisers' recommendations. There was no advertising in the region on circulators that only circulated within a neighborhood or on Dial -A -Ride. Councilmember Tolmachoff asked if a discounted advertising rate could be offered for Glendale businesses. Mr. Link said approximately 20% of bus shelter advertising space was vacant. Some Valley cities' contracts allowed advertising on available locations for city events and Glendale could do the same. Mayor Weiers asked if the City had an agreement to receive a portion of advertising revenue when buses came through Glendale. Mr. Link said that was correct. Councilmember Clark supported what had been discussed and asked staff to provide the number of shelters that could be used immediately. Councilmember Turner asked if the annual revenue on the comparison chart was net of maintenance costs. Mr. Link said that was correct. City Council Meeting Minutes - March 22, 2022 Page 6 of 13 Vice Mayor Aldama asked about data related to the cost of graffiti. Mr. Link said the advertiser was responsible for vandalism on its kiosk. Mr. Link requested consensus to move forward with the program and piggybacking on an existing contract. Vice Mayor Aldama confirmed consensus. 3. PRESENTATION ON THE CITY'S GRANTS POLICY Presented by: Lisette Camacho, Director, Budget and Finance Kristen Krey, Grants Program Manager, Budget and Finance Ms. Bower read the item by title. Ms. Camacho provided an overview of the presentation which included: . Grants Application and Administration Overview . Proposed Policy Revisions *Council Feedback and Questions Ms. Krey provided information on Financial Administrative Policy No. 6, the Grant Application and Administration Policy and the proposed policy revisions. She provided the timeline of grant application and acceptance and said there was a potential delay of six to eight weeks. Vice Mayor Aldama asked for clarification on the delay. Ms. Krey said the delay could be up to three months. Ms. Camacho said before a resolution went to Council, it was drafted by the City Attorney's Office and the grant information was also reviewed, which could take up to two weeks. There could also be a delay in getting the item on a Council voting agenda. Vice Mayor Aldama asked if every grant needed to be reviewed by the City Attorney's Office. Mr. Bailey said his office educated the department on how to draft a resolution, which would then be reviewed by his staff. Vice Mayor Aldama asked what the typical length of delay was. Ms. Krey said the delay could depend on Council's agenda. Mayor Weiers said pass-through grants should always come before Council. He had no issue with grants awarded directly to the City. Ms. Krey said the policy excluded pass-through grants. Councilmember Tolmachoff asked if there was a limit to the number of items on a consent agenda. Ms. Bower said there was no limit. Councilmember Tolmachoff did not see listing grants on a consent agenda as an issue. She City Council Meeting Minutes - March 22, 2022 Page 7 of 13 said it was good for the public to be aware of grants the City was obtaining. Councilmember Malnar asked if the tribal grants were the only pass-throughs to come to Council. Ms. Krey said that was correct. She said the State's historic preservation grants required Council approval. Councilmember Malnar asked which grants currently had to come to Council for approval. Ms. Rios said the proposed change regarded grants under $50,000. Staff's intent was to streamline the process. There were many ways to be transparent to the public, including a report to Council and posting the information on the City's website. Any grants required to come before Council, would still do so, including those $50,000 and higher. Mayor Weiers supported the proposed changes if grants were posted on the City's website and made public. Councilmember Malnar supported the suggestion as long as there was another way to inform the public. Vice Mayor Aldama supported the suggestion as long as the information was available to the public. Councilmember Clark did not support the recommendation. She did not see a problem with the process and was not in favor of changing it. Councilmember Turner asked for confirmation that prior to 2014, only grants $50,000 or more had to come before Council. Ms. Camacho said that was correct. Councilmember Turner asked what prompted the change. Mr. Bailey explained a grant was accepted with a matching requirement. It was a surprise to Council during the budget process because it had not been made aware of the requirement. Ms. Rios said the policy would require that any match requirement would be in the budget before the grant could be accepted. Councilmember Turner said Council should receive a regularly scheduled grant acceptance report. Ms. Rios said a monthly report could be provided and posted on the website or social media. Mayor Weiers asked how many grants were accepted by the City. Ms. Krey said approximately 50 grants were received totaling approximately $30 million over the past year, excluding the American Rescue Plan Act (ARPA) funds. Mayor Weiers supported the change if the grants were posted on the City's website. Councilmember Tolmachoff did not see how bringing the grants to Council was an obstacle. She said knowing the source and reason for the grant would be lost in the new process. City Council Meeting Minutes - March 22, 2022 Page 8 of 13 Mayor Weiers confirmed consensus. 4. COUNCIL ITEM OF SPECIAL INTEREST — SHORT-TERM RENTALS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said staff was seeking Council consensus on adopting two ordinances regulating short-term rentals in accordance with state law and prohibiting nuisance parties and unlawful public gatherings. Mr. St. John provided information on the state law regarding short-term rentals. The proposed ordinance would require a local emergency contact for the short-term rental and compliance with all federal, state, and local laws. The ordinance would prohibit commercial uses and housing sex offenders or operating as a sober living home. Vice Mayor Aldama asked if the City had a short-term rental issue or if the proposed ordinance was a proactive stance. Mr. St. John said it was more proactive. Mayor Weiers asked for the difference between how the ordinance treated short-term rentals versus long-term rentals. Mr. St. Johns said state law defined short-term rentals as less than 90 days. Mayor Weiers asked if the ordinance would make the homeowners responsible. Mr. St. John said depending on who was local at the time, either the homeowner or emergency contact would be contacted if there was any issue. Councilmember Tolmachoff supported moving forward with the purposed ordinance. Mr. St. John provided information on the state law regarding nuisance parties and unlawful gatherings. He said state law allowed cities to adopt and enforce nuisance codes as long as short-term rentals were treated just as any other rental or owner -occupied residence. He presented a fee and fine structure utilized by Scottsdale and Fountain Hills. Mayor Weiers asked if the renter and the owner were both responsible for the first offense fine. Mr. St. John explained how the owner would be assessed a fine. Mayor Weiers asked if an appeal would go to court. Mr. St. John said the fee appeal would go before a hearing officer, not a court. It would be heard at a civil hearing. Mayor Weiers clarified there had been no problems for the last two years. Mr. St. John said that was correct. Mayor Weiers asked if the homeowner and renter of a short-term rental could be cited if there City Council Meeting Minutes - March 22, 2022 Page 9 of 13 was an out -of -control party. Mr. St. John said that was correct if the homeowner was previously noticed. Councilmember Tolmachoff said the matter was pre-emptive. Contact information on the short-term rentals would be helpful before it became a problem. Vice Mayor Aldama asked if the ordinance was to be temporary through the Super Bowl. Mr. St. John said a fine process would have to be part of an ordinance and could not be temporary. Mr. Bailey said Council could attempt to legislate a window for the ordinance to occur, however, there would be a challenge in regard to enforcement. The ordinance could be passed and repealed, noting there was a 30 -day referendum period prior to enforcement. Mayor Weiers said a temporary ordinance might appear negative towards large events. Councilmember Tolmachoff said the ordinance would protect neighborhoods and assist law enforcement. Councilmember Clark supported Councilmember Tolmachoff's comments. She said identifying short-term rentals would provide data the City was lacking and ensure the payment of rental tax. Mayor Weiers did not support a homeowner being held responsible. Councilmember Malnar supported the proposed ordinance. Mayor Weiers confirmed consensus to proceed. 5. REQUEST TO AMEND GLENDALE CITY CODE CHAPTER 25 REGARDING CODES FOR FEEDING PIGEONS AND HOLIDAY DECORATIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said Council provided direction to make it unlawful to cause blight or health and safety issues by the feeding of pigeons on private property. The proposed language would make it very clear the act was unlawful. He was seeking consensus on the proposed amendment. Councilmember Clark asked how it would impact a person with intent to feed wild birds, not including pigeons. Mr. St. John said it had to be demonstrated that the activity was creating a health and safety or blight issue in the community. Councilmember Turner asked if peacocks were allowed in lots smaller than an SR -17. Mr. St. John said they were not allowed. City Council Meeting Minutes - March 22, 2022 Page 10 of 13 Councilmember Turner supported the revision, but not the inclusion of the wording regarding peacock crowing. Mayor Weiers agreed the peacock crowing wording should not be included. Pigeons sometimes roosted at a home where they were not fed. The wording could be interpreted as the homeowner was responsible even if they were not feeding the pigeons. Mr. St. John explained there would need to be activity that the homeowner or resident was engaged in causing the blight in order to be cited. Councilmember Malnar said the reason the issue arose was because of a resident that was feeding pigeons, and the pigeons remained in the area even after the resident agreed to stop feeding them. He supported moving forward. Mr. St. John asked if there was consensus regarding the revision, with the exclusion of the wording for peacock crowing. Mayor Weiers confirmed consensus. Mr. St. John said staff was seeking consensus to amend the language in Chapter 25-24 (k) for holiday decorations to be placed up to 60 days prior to a given holiday. Councilmember Tolmachoff asked about a process for additional time for an elaborate holiday display. Mr. St. John said staff would work with residents. Mayor Weiers said exceptions should not be made and everyone should be treated the same. Councilmember Tolmachoff said exceptions should not be made for anyone who left decorations up 30 days after the holiday. Mayor Weiers asked if Councilmember Tolmachoff preferred the timeframe to be 90 days. Councilmember Tolmachoff supported the purposed language. Mayor Weiers confirmed consensus. CITY MANAGER'S REPORT Mr. Phelps said staff was moving forward with the downtown investment project. He said six applicants replied to the RFP for the design portion of the project. He hoped to have a final selection in place later in the spring. Mr. Phelps said the second month of Live! @ Murphy Park was coming to a close. Staff had tracked which acts were popular and would create consistency with upcoming performing acts. CITY ATTORNEY'S REPORT No report City Council Meeting Minutes - March 22, 2022 Page 11 of 13 COUNCIL ITEMS OF SPECIAL INTEREST None MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Bart Turner, seconded by Councilmember Joyce Clark to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council entered into executive session at 3:32 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 the Glendale Chamber of Commerce pursuant to A.R.S. §§ 38-431.03 (A)(3)(4) . Discussion and consultation with the City Attorney and City Manager to receive an update, consider its position and provide instruction and 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) A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed Mayor Weiers adjourned the executive session at 4:57 p.m. City Council Meeting Minutes - March 22, 2022 Page 12 of 13 ADJOURNMENT Mayor Weiers adjourned the meeting at 4:57 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 22nd day of March, 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of April, 2022. J i . Bower, MMC, City Clerk City Council Meeting Minutes - March 22, 2022 Page 13 of 13