8/24/21 - City Council Voting Meeting

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maintain some form of physical distancing if you wish to speak on an item that is on the agenda please complete a gold-colored speaker card and give it to the police officer in the back of the if you submitted a speaker card and indicated that you wish to speak on an agenda item you may make your way to the podium after your name is called we will be allowing three minutes for each speaker for all agenda items if you wish to speak on any item that is not on the agenda please complete a blue colored speaker card and give it to the officer in the back of the room the citizens comment section for non-agenda items is at the end of each voting meeting thank you for joining our glendale city council meeting all right welcome everyone for our meeting this meeting is called order for the glendale city council meeting of august 24 2021 roll call will not be conducted tonight everyone is president if you can take note of that miss power our next two items on our agenda are the invocation and the pledge of allegiance uh today's invocation is going to be delivered by a good friend of mine judah montenegro from surprise apostolic church gentlemen if appropriate if you're wearing a hat if you'd remove it uh if everyone would please stand for the invocation i'd ask you to please remain standing for pledge of allegiance after mr montenegro is finished let us pray dear lord heavenly father today we pray in order to solemnize the proceedings of the honorable city council and for its benefit to the city of glendale our communities neighborhoods businesses schools and its benefits to our homes families and individual citizens including those that are here present today as a resident of glendale i pray that you continue to guide our leaders and honorable city council members as they make decisions that will impact our society and posterity i pray lord that you give them wisdom prudence understanding and knowledge in order to be a blessing to our communities that they may stand strong against any negative forces and or currents that come against our good morals principles and values and our wonderful city in general as a minister of the lord i bind anything that comes against the city and the leadership therein and i loosen blessings success protection and prosperity in each home business school and public region i pray for every father every mother every leader men and women in the city and in the nation i pray for all the public servants and law enforcement officers that you lord may continue to guide them strengthen them and protect them help us all be an exemplary role model to the generations to follow to the youth to the children and our future societies i pray for the president of our country i pray for the governor of our lovely state of arizona and i pray for the mayor of this great city of glendale jerry wires and i pray lord for the city council members that are here present today that you may stand in against lord that you may stand in the way that com of anything that comes against them that we may continue to stand strong as one city under god indivisible with liberty and justice for all i seal this prayer in the powerful name of our lord jesus christ amen amen amen thank you so much everyone to join me in the pledge of allegiance i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all thank you be seated okay next on our agenda is the consideration of the minutes from the august 10 20 21 voting meeting council members you have any corrections or additions to those minutes hearing can i get a motion to approve the august 10th 2021 voting meeting minutes yes mayor i'll move to approve the minutes of the august 10 2021 voting meeting second i have a motion from the vice mayor second from council member al dama in second and seconded by council member eldama to approve the minutes all in favor please signify by saying aye aye any opposed vote nay peers guys have it do have it that motion does carry moving on to our consent agenda items 2 through 19. items on the consent agenda are routine nature that have been previously studied by this council at a workshop session they are intended to be acted upon in one motion by this council do we have any speaker cards for any of the consent agenda items i do for item number 28 so we'll worry about that when we get there uh after the consent agenda council members do you have any items that you'd like to hear or vote on separately seeing none can we get a promotion yes mayor i move we approve consent agenda items 2 through 19 and consent resolutions 20 through 23. okay i have a motion from councilmember thomas chop a secretary from councilmember clark all in favor uh mr mayor go ahead should i read the resolutions by title well let's let's we'll vote this out and we'll move on to resolutions next i believe resolutions was part of the uh motion two through nineteen pardon me twenty two through nineteen twenty three okay let's just vote on two through nineteen right now let's redo the motion there okay mayor i'd like to amend my motion to adopt consent agenda items 2 through 19. second okay i have a motion in a second any comments hearing none uh we have a motion we have a second all in favor about eye any opposed vote name appears you always have it do have it now can i get a motion for item 20 one and two after three after the clerk reads the yeah let's move it and then she can read it okay um we uh approve resolutions consent resolutions 20 through 23. second miss clerk item 20 resolution number r 21-81 a resolution of council the city of glendale maricopa county arizona authorizing the entering into of an agreement with the arizona automobile theft authority and authorizing the acceptance and expenditure of fiscal year 2021 law enforcement grant in the approximate amount of 10 979 979.99 on behalf of the glendale police department item 21 resolution number r 2182 a resolution to counsel the city of glendale maricopa county arizona authorizing and directing the entering into of an equitable sharing agreement with the united states department of justice for continued participation in the federal equitable sharing program on behalf the glendale police department item 22 resolution number r 21-83 a resolution the council the city of glendale maricopa county arizona authorizing and directing the entering into of an agreement to share costs associated with seeking to obtain approval for operation of the flood control space in the modified roosevelt dam under a temporary deviation to the water control plan among various participating entities and salt river project agricultural improvement and power district srp in an amount not to exceed 61 347 dollars item 23 resolution number r 21-84 a resolution the council of the city of glendale maricopa county arizona authorizing and directing the entering into of a development agreement with cold summit phoenix phoenix one joint venture llc in the west glendale service area for street in lieu fees and street infrastructure that concludes the consent resolutions all right thank you council members any items that you'd like to hear or vote on separately hearing none can i get a motion we already got the motion okay okay you've heard the motion you've heard it discussed councilmember aldama how do you vote hi councilmember clark how do you vote hi councilmember miller how do you vote hi councilmember tom shaw how do you vote hi councilmember turner how do you vote aye vice mayor how do you vote i'm chair of outside motion carries unanimous miss bower would you introduce item 25 item 24 award of rfp 21-49 an authorization to enter into an agreement with shimatsu scientific instruments inc for the purchase of an inductively coupled plasma mass spectrometer and service warranty at the city's water quality laboratory okay we have any speaker cards on item 24 no sir okay we have a motion mayor what uh i have emotion but um miss bowers did such a good job i won't repeat it other than item number 24 award rfp 21-49 second okay is that sufficient do we do we need the rfp number i gave the irp number mayor okay good yeah 2149 sir no we're fine okay have a second second okay from a second from council member clark to approve any discussion hearing on council member aldama how do you vote aye councilmember claire cotty vote aye councilmember milner how do you vote hi councilmember tom trump how do you vote hi councilmember turner how do you vote hi smart how do you vote all right chair both side motion does carry unanimous okay miss bar now item 25 please award rfp 21-38 and authorization to enter into a professional services agreement with mac pro services llc for pavement management program public outreach all right do you have a speaker card on 25 no sir all right any discussion from the council any questions hearing none can i get a motion mayor go ahead motion to approve i'm number 25 award rfp 21-38 second okay i have a motion council member dom a second from the vice mayor no discussion necessary uh council member odama how do you vote hi councilmember clark how do you vote mayor i'm going to explain my followers please go ahead and tell you that i was asleep at the wheel on item 24. i must have been daydreaming uh it was a five-year contract i don't know if it's possible to amend my vote on item 24 to a no vote but if it were possible that's what i would have done uh with regard to item 25 it too is a five-year contract and is my habit and practice i will be voting no on this item or just all right okay well we are taking a vote on this item number 25 so i can't go backwards on 24. i understand okay it's my own fault all right so you did vote name is that correct that is correct okay councilmember miller how do you vote councilmember thomas how do you vote hi councilmember turner how do you vote hi vice mayor how do you vote all right terrible outside that motion does carry with one nay okay now moving on to item 26. we have any mr power would you introduce that please ambra residential subdivision annexation application a-n-217 public hearing located east of the southeast corner of northern avenue and 83rd avenue good evening mayor members of the council here to provide staff report this evening is tabitha perry interim planning manager thank you mr phelps good evening marion council um in your packet this evening the presentation you received the entire presentation for the annexation but for the purpose of the blank petition i would like to focus just on slide two which is the annexation map perfect okay the subject property is located east of the southeast corner of northern and 83rd avenues the annexation item was presented to city council at a workshop in march of last year three parcels for the for a future residential development on 15 acres for context purpose the three parcels that council was presented during the workshop see if i can point here it's not working for me here will be the three that i've highlighted in red um and since that time of doing the workshop um staff has been working with the applicant and a recommendation to the applicant was to include the additional three parcels two parcels that you see to the east that will bring the annexation up to 24 acres for a future residential development the acreage did increase but the overall intent and impact of the development is relatively the same staff is tentatively scheduled to present the annexation request for adoption followed by a general plan amendment and a rezoning application for the subject site on september the 14th the purpose of the public hearing this evening is to receive comments on the item but there is no vote required of council with that mayor and council i stand for any comments any questions hearing none okay a public hearing is required as you stated public hearing is now open on item 26 ambra residential subdivision annexation application a n-217 located east of the southeast corner of northern avenue and 83rd avenue uh again any questions from the council we have any questions from the audience i have no speaker cards on this item seeing no one if there's no one like to speak on this item public hearing is now closed no action is required no votes required a city council public hearing is tentatively scheduled for the adoption of this annexation on september 14 of this year 2021 ms barrow would you introduce item 27 for us please bickman industrial annexation application an226 public hearing located at the northwest corner of glendale avenue and reems road mayor members of the council here again to provide staff report is tabitha perry interim mining manager thank you again mr phelps mayor and council same as before your packet does give the overall annexation um presentation but i would like to focus just on slide two which is the annexation map the 75-acre site is located at northwest corner of glendale avenue and reems road staff initially presented this item before you at a workshop on august the 10th just for context the purpose of the annexation will be followed by a rezoning for our planned area development for a industrial campus approximately developed at 1.1 million square foot of development once again there is no vote required by council this evening the purpose is just to open the blank petition for public hearing to receive comments and then stop come before you tentatively scheduled for september the 28th for an adoption on the annexation as well as the rezoning application with that i stand for any comments thank you questions from the council okay see you see and none miss bar do we have any speaker cards no sir all right thank you okay so we do require a public hearing on this item also public hearing is now open item 27 bikman industrial annexation application an-226 located at the northwest corner of glendale avenue and rheems road i'll ask again are there any questions from the audience seeing none no action is required on this also no one wishing to speak the public hearing is now closed no action required city council public hearing is tentatively scheduled for the adoption of this annexation on september 28th of 2021 ms bauer would you move item 28 for us please hopewell annexation application an-228 public hearing located at the southwest corner of northern avenue and reems road mayor council the last one this evening for the blank petition this property is approximately 104 acres and it's located at the southwest corner of northern avenue in reems road staff presented this at a workshop on august the 10th as well of this year along with the annexation there is a companion rezoning application to rezone the site to a planned area development for an approximately 1.6 million square foot industrial campus once again the intent this evening is the kentucky conductor public hearing on the blank petition for comments um no vote is required of counsel this evening tenet lee's staff is prepared to bring the annexation request for an adoption followed by a rezoning application request on september the 28th and with that i stand for any comments all right thank you questions seeing none okay public hearing is also required on this public hearing is now open on item 28 hopewell annexation application and dash 228 located at southwest corner of northern avenue and reems road again i'll ask from the public in one question to speak on this item saying did you fill out a card on item 28 okay uh so with that i have two cards and i'm going to ask jason farmer to come up first man we're not skipping anything so at any rate if jason farmer is not here i'll go to glory williamson is that you okay so here's the deal i would ask you to come up state your name for record come on up state the name for record uh tell us who you are if you live in glendale uh the district if you live in it if you know what it is if not then tell us the city you're from and you'll have three minutes once you get up here we can we can bring a microphone to you if that's easier is that easier for you okay hold on get situated again okay and your time starts go ahead okay we don't want access to elsa ma'am i do need you to speak in the microphone okay okay i'm glory and i live in atrial park park we don't want children we don't want access to elsa because children are catching school buses up and down elsa it's a two-lane road plus also people ride their horses up and down the sides of the roads also we also want to know how does this improve our property value i asked shane over the phone and i really didn't get an answer i just got a question back at me he said to me something also to the fact there are circumstances that it has improved property value i would like to see proof have this in property value and then i also he told me that i can contact edward veigal vigo whatever his last name is with regard to mcdot report and the number provided to us is a different department different thing everything so i don't even have the right phone number to even get that and also i had talked to the prior number 27 i talked to the people representing that they're being considered enough not to have access onto elsa they're just going to do glendale rheem so that would be nice if they just do reams in northern and don't have access to elsa like we said for the safety of the children the pollution the uh traffic because a lot of people don't understand don't stop bus stops they are buses and like i said we all have livestock people ride horses and stuff so be nice to be able to ride your horses safely up and down the road without people pulling in and out in traffic on elsa so we'd like to again not make alsup accessible please this farmer right there so okay you have a minute 10 seconds left okay well that's please please i'm begging do not let traffic come on to elsa i know you're going to go ahead and go with this hard time we know it's a given but we do not want access to elsa please none okay with that uh were you finished yeah okay thank you okay again jason farmer are you here if you would please come up to the podium what i'll need you to do is state the city that you live in if it's not glendale if it is glendale just the district that you're living in you'll have three minutes go ahead sir hello i'm jason farmer i'm with rural area litchfield park i represent the address of 15821 west northern avenue my concerns are with this annexation that we're you guys are voting on this evening is with the concerns of my children and also the local residence children along also avenue and glendale i am i have a huge concern with businesses and big trucks and also future employees running down also avenue and also along the glendale avenue i have a huge concern with that because big trucks and school bus stops along also avenue it's it shouldn't even be an option right now for that to happen because valuing children's safety over profit it shouldn't even be a question so i would please appreciate if you guys please vote no on this and right now that's all i have okay all right thank you sir yep thank you okay with that said anyone else wishing to speak on this item seeing no one public hearing is now closed there is no action required on this tonight a city council public hearing tenant is tentatively scheduled for adoption on the annexation on september 28 of 2021 we're now going to move on to ordinances miss bower would you introduce items mayor thank you if i'd like to ask the city manager uh to assign a staff member to answer questions to these two individuals please thank you thank you mayor well now move on to ordinances miss bower would you introduce item number 29 ordinance number zero two one dash five four please ordinance number oh 21-54 an ordinance of the council of the city of glendale maricopa county arizona amending glendale city code chapter 25 nuisances article 2 specific acts omissions and conditions section 25-22 vehicles by removing the section in its entirety and declaring an emergency mayor members of the council here to provide staff report this evening is deputy city manager rick st john good evening mayor council this is a request for council to adopt an ordinance amending chapter 25 nuisance of the general city code as you well know in june of this year we adopted some pretty major code amendments into into chapter 24 for vehicles and traffic the sections of chapter 25 that we're talking about tonight are redundant they exist in chapter 24 as adopted by council in june and so we're asking for these uh to be stricken from chapter 25 it just makes it easier for the community when they're researching online to not be taken to several different locations of our code to read essentially the same language it's a clean up action and we're asking to declare an emergency because the other code has been codified and adopted and is being enforced currently and with that i'm happy to answer any questions you may have questions hearing none we have any cards no sir okay thank you can i get a motion ordinance number zero two one dash five four item number twenty nine yes mayor i move we adopt ordinance number o 021-54 second okay i've got councilmember thomas off a second from councilmember clark to approve the recommended action any discussion on this item seeing none we'll conduct a roll call starting with council member eldama how do you vote hi councilmember clark how do you vote aye councilmember milner how do you vote aye council member tom trump how do you vote aye vice mayor how do you vote i'm chair of outside motion carrier unanimous miss bower would you introduce heidi item number 30 or that's zero two one dash five five please ordinance number oh 21-55 an ordinary point of order but you didn't ask me to vote on that last item why don't you vote okay we're gonna back up and finish before i announce the vote how do you vote i okay i wish you would have stopped me okay so we do have a unanimous vote for that item number 29. now will you introduce ivory ordnance number oh 21-55 in order to the council of the city of glendale maricopa county arizona authorizing the execution of conveyances 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 mayor members of the council here to provide staff report is glendale principal engineer jamie chapin thank you mr phelps and good evening mayor and council nice to see you guys up close again so with this ordinance we are requesting acceptance of seven actions consisting of three maps of dedications warranty deeds and easements at various locations acceptance of these instruments will allow the city to maintain roadways water and sewer lines that are being constructed in conjunction with private development as well as city projects staff is recommending acceptance so that the city can maintain its facilities i'd be happy to answer any questions on any of the specific items thank you anyone have any questions on item 30. we have any speaker cards on item 30. no sir okay miss chapin i guess you did a good job all right thank you can i get a motion mayor good i move that we adopt item number 30 ordinance number 2 021-55 okay i have a motion council member melner for a number zero two one dash five five item number thirty a second from council member thomas chop to prove the recommended action is there any discussion on the motion hearing none roll call vote again councilmember eldama how do you vote hi councilmember clark how do you vote aye councilmember milner how you vote aye council member tommy trump how do you vote aye councilmember turner councilmember turner how do you vote again vice mayor how do you vote aye chair votes eye motion carries unanimous miss barbara would you introduce item number 021-56 please item 31. ordinance number oh 21-56 an ordinance of the council the city of glendale maricopa county arizona amending the glendale city code chapter 24 motor vehicles and traffic article 4 specific parking prohibitions section 24-68-j parking on residential lots setting forth an effective date and declaring an emergency mayor members of the council here to provide staff report this evening again is rick st john deputy city manager mayor members of the council this is a request for council to adopt an ordinance amending chapter 24. we just talked about an amendment to chapter 25 chapter 24 now includes everything vehicle and traffic related and there are different sections of chapter 24 that allow for either civil or criminal citations what we've realized in our enforcement is that 2468 for residential parking did not have a criminal citation provision as discussed in workshop we will always pursue civil cases on the on the onset and after winning a civil case if the person doesn't come into compliance we issue we then open a criminal case and take it through criminal court so that there can be a judge mandate for compliance we do have a couple of open cases right now that have gone through the civil process on on this section of of 2468 and we are ready to take those cases uh forward on criminal charges uh for non-compliance uh that's when we realized we didn't have the provisions so your action tonight would include that provision into 2468 allowing us to first sight civil take it through that process and if needed go criminal so that a judge can mandate compliance and with that i'm happy to answer any questions i do have a question for you if if there was a violation [Music] and it was civil before and you didn't have this effective for criminal does the would this allow that to then go the same one that was cited before this was enacted mayor in speaking with the city attorney on this issue we can do that we are choosing to long form complaint one of the criminal citation one of the criminal cases so that this is enacted so we are asking for an emergency enactment here uh so that that case can be brought forward criminal on the other uh we're probably going to issue a citation in person through the police department that would help expedite that case but to answer your question the answer is yes uh we've taken them both on a civil front in front of a hearing officer we now need to go before a criminal judge and get mandated compliance okay and would you explain the difference between making this uh an emergency rather than a standard effective date mayor yes thank you we have two cases that we're ready to take forward if we wait for the 30-day period it's 30 days longer that those properties will be in violation if we declare an emergency we can move immediately essentially any other questions we have any speaker cards no sir all right any questions hearing none okay motion on ordinance zero two one dash five six item thirty one mayor i move we pass and adopt ordinance 0.2156 and wave reading beyond the title and declaring an emergency second have a motion and a second uh any discussion on the motion hearing none roll call councilmember o'donnell how do you vote aye councilmember clark how do you vote aye councilmember milner how do you vote aye mouse remember thomas shaw how do you vote hi councilmember turner how do you vote hi vice mayor how do you vote hi uh the sure does vote i okay moving on a request for future workshop and executive session can i get such an animal yes mayor i move that we hold the next regularly scheduled city council workshop on tuesday september 14 2021 at 12 30 pm in the city council chambers to be followed by an executive session pursuant to ars 38-431.03 second i have a motion council member hugh vice mirror a second from councilmember clark any discussion hearing none all in favors please signify by saying aye aye any opposed say nay here guys have it do have it that motion carries unanimous moving on to council comments and suggestions uh starting with council member el doma have you any tonight thank you mayor just one for glendale residents if you're struggling to pay your past due water bill uh you are you may be eligible for up to six months of financial assistance with the benefit up to 750 dollars you may apply at www.glendale forward slash water bill assistance if that if you can't get you can call my office at 930-2584 and we can assist you thank you mayor thank you councilmember clark yes mayor just one thought please pray for all americans who are still in afghanistan thank you mayor thank you councilmember melner nothing nightmare thank you councilmember thomas nothing tonight mayor councilmember turner nothing tonight mayor vice mayor nothing tonight mayor okay i do have one thing that i would like to share and i would hope that everybody in this audience would let your neighbors know your friends know the city has money available if you need renter's assistant because of covid we have a lot of money available if you need help don't wait until you're being evicted if you need help come and ask right now please please please help yourself help us help you with that said you have access to the city give us a call go online and there's plenty of people standing here willing to help you all you have to do is make that first effort but don't let this money be sent back to dc where they're going to waste it on something else so anyway that's all i have on that citizens comments next on the agenda are the citizens comments council makes this opportunity available to citizens to bring information and business before the council that is not on the print agenda council can only act on matters that are on the print agenda but may refer the matter to the city manager for follow-up if you're unable to speak from the podium please notify the city clerk and as we did with the lady earlier a portable microphone can be brought to you when your name is called before i welcome speaker's podium i want to remind this audience and anyone speaking tonight that this is a public meeting as a chair i will not tolerate any profanity aggression or threats to this council if you violate these rules you'll be not you will not be warned but you will be asked to leave immediately so with that i only have one speaker card tonight mr robert neubauer jr sir if you come to the microphone tell us the district you live in if you know it you have three minutes and that's pronounced neighbour excuse me uh my name is robert nabar jr i live in the ocotillo district won't talk about what happened mayor that's passed uh because the city council apparently lacks the courage to hold you accountable for it so let's talk about the coyotes i realized that the coyotes have not quite lived up to their end of the agreement whatever but kicking them out and thinking that you're going to book 43 concerts a year that might be a little more lucrative the arena out there averages 14 non-hockey events a year 14. the coyotes sell that building out 43 plus times a year and the 14 non-hockey events rarely sell out as much as i love sesame street and as much as i love the professional bull riding tour they just don't sell out what the people that are going to be hurt most by the coyotes leaving are the businesses around the arena westgate and the businesses aren't the only ones that are going to be hurt the people working for those businesses my gosh they just came off of a year of covid they're just now getting back and now they're looking at next season not having the coyotes there i hope that mr phelps is able to go ahead and book a whole lot of concerts and events that we will replace the millions of dollars of tax money that comes into glendale from all over the valley from coyotes fans that come here to watch the coyotes i don't have skin in the game anymore out there but i have a lot of friends and people i care about that do so i urge you work this thing out you have the season to work it out if the coyotes are in default by 300 000 probably a lot of businesses that are in default after this last year with kovid i wouldn't be surprised if they are also but let's not hurt the businesses out there around the arena they have a lot at stake too and we don't need to lose them as well as the coyotes mr phelps also why don't you leave the catlin court businesses alone that area doesn't need to be rezoned leave them alone they're doing just fine that's all i have to say thank you hey there being no further business before our council tonight i'd like to thank everyone for attending tonight's meeting there's no objection from this council this meeting's adjourned thank you you