OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Eloy City Council Work Session - June 3, 2024: Boards Consolidation & Zoning Amendments

Meeting PortalMonday, June 3, 2024
BodyEloy, Arizona
SessionMeeting Portal
DateMonday, June 3, 2024
StatusFILED
Video Record

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Transcript — Verbatim
0:05

Yeah, the scary thing, Mary, is I sing karaoke from time to time too.

0:14

Mayor at 530 whenever you're ready, sir.

1:08

Good evening.

1:09

Welcome to night's work session here at Eloy City Council.

1:12

It is Monday, June 3rd, 2024.

1:15

Time's approximately 5:31.

1:16

I call this meet to order.

1:17

If I can get the roll call, please, Miss Mary.

1:20

Councilmember Seton.

1:21

Here.

1:22

Councilmember Wana Wappa Rodriguez.

1:24

Here.

1:24

Vice Mayor Curtis.

1:26

Here.

1:26

Mayor Powell.

1:27

Here.

1:28

Councilmember Schneider.

1:29

Here.

1:30

Councilmember Garcia.

1:32

Present.

1:33

Councilmember Toringo.

1:35

Here.

1:36

Thank you.

1:36

If we can all stand for the Pledge of Allegiance, please.

1:46

And to the republic.

2:01

All right.

2:01

We're gonna go straight to item five discussion items, board and commission city code text amendments.

2:08

Dan.

2:12

Good evening, Mayor, members of the council, Dan Seimer, Community Development.

2:17

The item before you today is a discussion item for your direction.

2:22

It pertains to the regular review and consideration of the exist some of the existing boards.

2:30

Four of these boards, uh three of them are within the planning and development department.

2:37

So the overview before you is kind of how I'd be going through the discussion, the purpose, the brief overview, the proposed amendment, and the rationale, and then open it up for discussion.

2:49

One thing to keep in mind as we go through this discussion, each of these, all three amendments can stand alone.

2:57

Although as presented in the packet, they all build on each other.

3:01

So regardless of what you decide on the first one, amendments are necessary for the others.

3:09

So from time to time, it's good governance for the city council to review its boards and commissions for it to ensure that we're being effective in our manner that they're created.

3:20

Our volunteers are provide their assets and their time, and it's very important to me and as the community to ensure that their time is spent wisely.

3:29

Furthermore, many of the boards and commissions that are created throughout the city are are for great reasons, but more importantly, sometimes those boards eventually become ineffective, and not because of lack of participation, but because their time is due.

3:47

And that happens to be with our historic preservation board uh a few years ago when you consolidated that with the uh revitalization commission.

3:57

One of the things that we look at from time to time is the proposed purpose and to ensure that we are maintaining the main objective of these boards that you created and to provide guidance to the city council.

4:10

We review their goals and priorities, their purposes for meetings, and the more challenging aspect is to not overly have meetings as I call meetings beyond meetings, beyond meetings for death.

4:24

Um all our boards that we're talking about today are as needed, and they meet as an as needed basis.

4:32

One of the major complaints that I've heard from some of the members is we don't have enough volunteers, and that is true.

4:38

We currently lost two more members this past week, one from the planning commission and one from the revitalization board.

4:45

It is difficult to maintain these boards, and I hear this from time to time.

4:51

Uh they want to participate, but we don't meet enough, or we don't have subjects enough.

5:00

But as it pertains to these boards, they're so diverse in their planning elements that they're spread so thin that their meanings are still important, but yet we don't have enough purpose or topics to discuss.

5:18

Furthermore, as we look at the alternatives and goals, we look at our resource allocation.

5:24

It isn't uncommon for boards and commissions to be staffed by at least two people per board.

5:31

So in my department, that means 10 people.

5:33

I don't have 10 people.

5:35

I have five.

5:37

So for me to have meetings on a regular basis on each of the boards and commissions, I have to spend a week for each board, plus do all my other activities.

5:47

So that means I will not be doing all the other aspects I need to be doing.

5:52

So it's very challenging to have and meet the objectives of all the boards and have effective meetings when A, we don't have enough topics, or B, we're I don't want to say wasting our community members' times, but they show up and we don't have enough members for a quorum, and therefore we can't have meetings.

6:12

So we get a lot of upset people, but most importantly, they're willing to participate.

6:17

So the idea is how can we make our boards and commissions more effective in achieving the goals and objectives of the city council and for the community.

6:29

And that gives into our more efficient methods of the same.

6:34

Achieving the same result was similar.

6:38

So the recommendation that I have for you today is a consolidation of the activities between the airport uh activities board, the board of adjustment, the revitalization board, and the planning commission.

6:53

Give you a brief overview of all those boards and the enabling provisions.

6:58

The planning commission is a board that's not required by statute but is outlined by statute.

7:05

Either the city council can act as a planning commission, or they have to create their own.

7:12

And this is a it's outlined in statute, and they provide all recommendations as pertain to land use zoning general plan.

7:20

And it's very broad in that element.

7:26

The airport advisory board kind of does a handful of different activities, but their main purpose is to look at the activities that are uh occurring on the airport and review those with the city manager, its fees schedule, its infrastructure improvements, and to maintain regular uh considerations of the airport operations.

7:50

All land use oriented operations, though very specific, they're very important, but in the same sense as a historic preservation commission, they're all related to land use and the operation aspects.

8:05

Furthermore, the infrastructure improvements is reviewed by council every year as part of its budget.

8:13

So those recommendations could be done by the council or as a subcommittee or as a task force of its own that meets once a year for those sole purposes.

8:24

But as we're moving forward, we're recommending those some of those activities be consolidated.

8:30

The board of adjustment again is a board that's outlined in state statute.

8:35

It is not required.

8:37

It's either the the city council uh meets with this board, meets as the board, or they create a board, or they delegate this activities to another board.

8:48

The board of adjustment hears all variances and appeals from the zoning administrator.

8:54

So those are appeals for myself.

8:57

My decisions do not go to city council.

9:00

I make recommendations, but if I make a decision, it's appealed to the board of adjustment and therefore to superior court.

9:08

So it's kind of a different method.

9:11

I have a quick question.

9:12

Sure.

9:13

What other communities have, or are we regulated or is it um statute by the state to have the board of adjustments?

9:21

No, it is an option of the council.

9:24

The council can function both as the board of adjustment or a separate board.

9:30

Now historically, most councils don't take on that role because they don't mix politics up with the legalities of the decision making.

9:40

So they're almost all cities I've ever, I'm not aware of any city that operates in that manner.

9:46

Okay.

9:48

Anyone around us have that?

9:51

The council board of adjustment joint, not that I'm aware of.

9:54

Okay.

9:55

Superior.

9:56

Superior is okay.

9:58

Thank you.

10:00

So more of like a rule, small rural community would have that versus a larger community.

10:04

Correct.

10:04

Okay.

10:05

Yeah.

10:06

It isn't uncommon though for the planning commission to take on many different roles.

10:12

Chandler takes on the planning commission takes on all design review elements.

10:17

Um to Yuma, their planning commission does both Board of Adjustment and Planning Commission.

10:27

Their historic preservation commission does all design review and historic preservation.

10:32

So it isn't uncommon.

10:34

Having worked in those communities that they all run into the same issue as volunteers and enough work to fulfill the requirements and uh the objectives of the community and the board.

10:45

What's the board that we have to have due to state statute?

10:51

That's the board of adjustment.

10:54

There's a specific statute that requires it.

10:56

And it and as the as Dan told you, basically we have the option to become the board of adjustment, or you can delegate it to an independent board or or to planning and zoning.

11:08

And as he pointed out, appeals from that go directly to Superior Court.

11:11

They don't go to the council unless the council serves as the board of adjustment.

11:16

Um the reason for some of the other communities that do that is that they do try to separate it as he pointed out from uh from basically either the PNZ or this or the council, mostly because the volume that might come in involving zoning interpretations, and as he pointed out, the politics of it as well, that sometimes there are issues that border on the issues of basically what's proper zoning, what also translates into a health and safety issue involving fire code or those issues, and also what is a specific requirement of what would allow you to get an adjustment.

11:51

There's the statutes spells some specific items that will allow you to have to go to board of adjustment.

11:58

One of the big ones is that you can't create the reason to be you know to seek the variance.

12:04

So would that become a conflict of interest, though?

12:10

To be both of them together.

12:14

It would not create a conflict of interest as known under Arizona law because there's not a financial benefit tied to the individual board members.

12:22

Some communities feel that perhaps having that split up or somebody else doing it, that it's better to have an independent board or some or individuals that might not have the requisite zoning matters but are really good at reading code issues, quote variances there.

12:39

But um again, that's an issue for the council decide what they want to do.

12:44

The issue really is um what's going to be the frequency, how many variances are you going to expect, and whether you want to get in, you know, bogged down into the you know to the minutiae of basically why a variance is required or variance isn't required.

13:00

Okay.

13:02

And Steve is very much correct.

13:04

A lot of variances that a lot of people that seek variances cause the need for a variance.

13:10

And those provisions, that one strike alone requires a denial.

13:16

You cannot re you cannot cause the need for variance.

13:20

So that's politically uh thing.

13:24

Another thing of the like the planning commission, as you said, Mayor, if I can respond a little bit to your comment, is throughout my career, the Board of Adjustment gets a little frustrated from the different cities that the zoning code needs to be changed, but they don't have any ability to change the code.

13:42

The planning commission does.

13:44

So when you start seeing that tie together between issues, the planning commission can then function in its other role to correct the code.

13:54

Recent variances here for height isn't it wasn't necessarily created by the property owner, but we have no provisions to allow for elevator shafts and all that.

14:07

So it's a stuck issue.

14:10

So staff is recommending the consolidation of the boards into the planning commission.

14:17

And with a revised scope.

15:07

And this is all land use-related issues.

15:11

How is a those operations affect the adjacent land uses and where they go?

15:16

That's the responsibility of the planning commission, and how those operations affect the adjacent and whether or not those operations are within or allowed by the current zoning code.

15:28

So the planning commission is your most appropriate one to bet those.

16:13

So we have a conflict in the code.

16:16

So, as we all know, the chamber kind of handles a lot of our event planning in downtown.

16:21

So the revitalization commission that they do a very important function.

16:26

The enabling provisions for the historic preservation actually are underneath the planning and zoning provisions of the state statute.

16:34

And there are other factors within the assigned uh provisions that could come up.

16:40

Master plans are a big one.

16:42

Master plans mostly come to land use planning, but they get more specific.

16:47

I'll use the air park plan.

16:49

We start looking at what is it going to make a great air park.

16:52

You've heard me talk about the dumbbell effects on either size of the town.

16:56

What are the elements that we need to spike the development in those two dumbbells to create synergy?

17:03

Those were your master plans.

17:04

That's land use planning, that's design review, and that's uh your policies and guidelines.

17:11

Historic preservation plays an important part in that, and I will get to that as point three or later, is in our general plan.

17:18

It talks about maintaining and preserving and our historic resources for education and for future needs and growth and the benefits to the community.

17:30

Unfortunately, we have no historic properties on the register in Eloy.

17:35

Check that both with the state and the national, and the city doesn't have a historic register.

17:40

We have a few historic properties, but they are not on the register, nor are they recognized under city code.

17:48

To accommodate these uh these proposed modifications, I'm recommending that we enlarge the board to seven members.

17:56

Maintaining the one alternate and the one non-voting member, why is that?

18:01

When we start getting into a bigger uh objectives and more uh topics, it provides for diversity in our makeup of the board, which really comes down to the purpose of the revised um planning and zoning commission and its members.

18:20

All members will be required to have an interest in the planned growth and development of the city.

18:28

But more importantly, so that we don't lose the purposes of these uh boards that they're there, and we start looking toward the future.

18:36

We incorporate uh a specialty uh position for looking at airport oper airport planning and air park planning and development.

18:45

These operations currently fall within the planning and zoning commission right now.

18:49

They're they're elegated or regulated through the airport influence zone, which if you look at our zoning maps a square on it.

18:58

The airport commission has no authority in that area, only the planning commission does.

19:04

So the element of this is to expand the reach of those operations and look at the holistic approach to how the air park influences both its operations and the adjacent neighborhoods.

19:20

We have seen considerable amount of growth in the Toltec area, and with the upcoming master plan, you're gonna see a potential encroachments in those areas that need to be addressed.

19:31

Uh revitalization and historic preservation redevelopment, they all play hand in hand.

19:36

As I stated earlier, uh these provisions fall within the planning and zoning part of the Arizona State State, but we want to keep those that focus there.

19:46

You always need to have somebody there having an eye out on those potential influences and making sure that they can uh be addressed.

19:57

Furthermore, economic and development and housing.

20:01

This is a little bit different from the economic development or Jeff Fairman used to do, and now McKenzie's doing.

20:07

Economic development plays a huge part into land use.

20:12

Does our general plan and our zoning owners address the land uses that we need to spur a great economy?

20:20

Again, it plays right into the land use, which is in the purview of the planning and zoning commission and housing.

20:27

We all know we hear about housing.

20:29

Many communities have housing boards.

20:32

Flagstaff, when I was there, had a great housing board, but had no authority other than to make recommendations.

20:40

Had no authority to make changes to the zoning code and and nor can it because of the way statute statutes written.

20:48

So the the idea is then to come out through the formation of subcommittees.

20:55

As larger topics come about, let's say the gener we were starting on our general plan.

20:59

We can form a subcommittee to focus on that topic.

21:04

Or if we need to start focusing on the air park or historic preservation, we can break the planning commission out into those specific subcommittees to focus on those items and then return back to the commission with recommendations.

21:20

It's more efficient from a staff perspective because we're focusing, it's more efficient for the communities perspective because we have a few people focusing and not have instead of not having enough members to function as a board, but the ability to come to any one of the board board meetings and talk to the planning commission about these subjects.

21:43

Whereas right now, for example, we haven't met in some of these boards in two years.

21:47

They have no avenue but to come to you.

21:50

So there's it's it's an inefficient.

21:53

So it also provides flexibility and a diversity of perspectives, and that goes back to that public input thing.

22:00

By having the subcommittees and the planning commission address all these goals and objectives, it provides that one point of one point of uh sorry, I lost my train of time.

22:11

One point of contact, uh one point of operations.

22:15

How do I see this unfolding?

22:17

As topics come up, the commission will decide on whether or not to form a subcommittee.

22:22

If they choose to handle it as a whole, they handle it as a whole.

22:26

If they don't, then they can choose to go into a subcommittee and then report back.

22:32

These work extremely effective with general plan amendments.

22:36

I've used them with downtown plan major updates.

22:41

Sometimes it may be the council's desire to form a separate subcommittee or a task force just for an item, such as I'm gonna use the air park master plan.

22:51

For myself, I use it, uh use um Scott Still's downtown plan when it was adopted.

22:57

They formed a task force just for making modifications to the zoning code.

23:03

And that commission then reported to the planning commission and forward.

23:06

At the end, they disbanded.

23:09

So it keeps going.

23:10

So the ability to focus issues as needed is more prevalent when you have the ability to form subcommittees, and the council can direct those, or the council can direct so otherwise.

23:24

So the rationale is to consolidate the boards, all the boards' land use recommendations, zoning, development, uh, infrastructure, all under one board that currently oversees it from a uh hands away.

23:38

Uh it's a more efficient use of uh commissioner time.

23:41

As we know, we have several boards that can't meet right now because we do not have sufficient members.

23:47

In fact, this past weekend I lost two more.

23:51

So the zoning uh the planning zoning board is on the verge of not meeting.

23:57

Um we do have members that are people of the community that are interested.

24:02

Uh I can't meet with the revitalization board at all because we have one member.

24:07

Um just a lack of interest.

24:10

So the idea is to bring it more in efficient manner, both my time, staff's time, the community's time, and get the get these issues out into the public.

24:19

And the planning commission is one of the only boards that meets regularly and is a more uh available board for all.

24:28

Like I said, it hits the additional uh public participation opportunities.

24:33

It streamlines administration, like I said earlier.

24:37

Typically, it takes one to two people to staff a board at any one time.

24:42

I'm currently staffing four boards, plus as I need as needed with David and McKenzie and McKin other boards, and plus my duties to you all.

24:51

So it's a it's bringing those finited focus to a more consolidated focus and streamlining their approach to focus on issues and bring it before the public.

25:06

If the council decides to move forward with this or a modified recommendation, potentially we can go to a uh planning briefing, planning zoning briefing later this month, more likely in July, do some public open houses in July and August with a potential planning commission uh recommendation in August or September and council adoption, and then it'll be completed in in October.

25:31

Uh staff is seeking your direction on the consolidation of the boards, and as I noted at the beginning of the presentation, there are numerous conflicts between chapter two and chapter 21.

25:41

So, regardless of what the council decides, amendments to these two chapters need to happen to resolve these conflicts.

25:49

So, on that, maybe I'll open it up for council questions or for participation of the audience.

25:54

All right, thank you.

25:54

I do have a question.

25:56

If there's not enough members to have a meeting, correct.

26:01

Can't the council act as the board on a temporary basis?

26:08

Not that I'm aware of.

26:11

Not without a city code change.

26:12

We don't have that provision in the city code that would allow us to step in.

26:18

Okay.

26:21

Sometimes you guys don't even bypass those boards because there's nobody even there, just bring it straight to council, though.

26:27

I didn't I'm sorry, Mary didn't hear you.

26:29

Sometimes you guys just bypass the board to bring it straight to city council.

26:35

Except planning and zoning, of course.

26:36

Planning zoning and uh the board of adjustment, we don't have that ability.

26:42

The airport board, I would rely that to David and the revitalization historic revitalization board doesn't have hasn't had a meeting, nor can we, so therefore we're forced to bring it to the council for this uh recommendation.

26:56

Okay.

26:57

Do you mayor would you like me to speak on behalf of airport?

27:00

Sure.

27:01

Okay, thank you.

27:01

Mayor, members of council.

27:03

Um yeah, so I don't I'm just running through my brain.

27:07

I don't recall an instance where we've bypassed the board.

27:09

But even when I started and took over the board per the density manager, Harvey Krauss.

27:14

I I struggled to understand the important the reasoning why we had that board.

27:18

I I understood the purpose of the board, but there just isn't that much activity happening at the municipal air at the airport that would facilitate having a regular airport board to oversee that.

27:28

A lot of the you know, to your term bypassing and go to council.

27:33

A lot of the stuff that we would do would go to council and wouldn't need board action.

27:37

Having you know, took over and been in charge of boards for over 15 years of my career.

27:42

I didn't see that connection there.

27:44

So that's why it's been struggling even to keep it alive and keep um regular meetings going, just because there isn't that much to talk about.

27:50

So with um Dan's proposals here, it lumps that all into more cohesive and coherent um operation that'll get more value out of that member serving on behalf of the airport.

28:00

Do we have a history of why that board was about before the city years ago?

28:07

I don't know, Steve.

28:09

Anybody on council on Michelle?

28:12

Thank you, Mayor.

28:13

I from my years as a city employee, I think um, some of that came from the community or certain members of community maybe not thinking that the airport was seen as an important part of the community, and that we were looking to um concentrate on building that airport to be what we know it can be.

28:37

And I'm thinking if I remember some things that have occurred in the last 30 years, I think that may have been part of it, you know, with skydive out there, and then um seeing what other communities had done with their airports.

28:50

I think that was primary primarily some of the goal was to ensure that um it was in being made important in the scheme of things in the community.

29:02

Okay.

29:03

All right, thank you.

29:04

And mayor, if I may, the the recommendation is to keep that those elements as part of the planning commission and still keeping that focus.

29:13

So the focus won't be lost.

29:15

The fact that it'll be expanded under this recommendation.

29:18

Okay.

29:19

Anyone else have any questions?

29:22

Oh, what other boards do we have that aren't on this presentation that would remain independent, such as the cemetery board?

29:36

Mayor members of council, I'm not familiar with all the boards, but I do know one of the boards that does not meet very often, in fact, even less than the board of adjustment, and that's the billing.

29:47

I call it BABA, if you're here, we say BABA is a billing board and building advisory board of appeals.

29:53

That is a totally technical building code board.

30:00

I mean, it's does this meet the intent of that fire protection.

30:05

You know, it's a really stringent board.

30:08

So that's my fourth board.

30:10

Um we in all the cities I worked in, I think I've met maybe six times in the 25 years with that board.

30:20

And the different communities.

30:24

Do you know what the other boards are?

30:26

I'm assuming these boards are just the ones that are under Dan's purview, right?

30:30

The ones we're talking about today, but there are other boards.

30:33

Yes.

30:33

Actually.

30:34

Yeah, we have where is actually I got them.

30:37

She didn't know.

30:37

The cemetery is a standalone board.

30:39

It it's not under the direction of anybody.

30:43

Mayor, I I have them myself here.

30:45

Uh I didn't forgot that I brought them listening to the parks and recreation and library advisory board.

30:52

Yeah, yeah, the cemetery board, the cemetery committee, the municipal airport, the pension board, planning and zoning, building board of appeals.

31:04

We also have the pension board as well.

31:07

The police pension board.

31:08

Yeah.

31:12

The part the parks and library board, as Commissioner Rodriguez said, or council and we just said.

31:21

And then the last one is the revitalization board.

31:32

The the only thing about the cemetery board, like I said, it's a standalone board.

31:36

It's its own committee.

31:38

I guess it's a committee that doesn't have to go to the council for approval for anything.

31:44

It's no funding, just funding.

31:47

But it's it's that's it.

31:49

That's the same with the parks and recreation board.

31:51

Yeah.

31:52

So I almost feel like those two can also be convinced.

31:57

That would have to be approved by the cemetery.

32:00

Because it's it's a standalone board.

32:02

That's correct.

32:03

Yeah, it's not part of the city.

32:06

That's why they could they are able to vote on their own fees and fines without having without being part of the consolidated rate and fee schedule.

32:14

That's the only one.

32:18

Much like the fire.

32:20

Could that change?

32:20

Or it has to be like that.

32:23

That would have to be could that change, or does it have to be like that?

32:31

It probably I'd have to do more research to give you a definitive answer, but it would ch it it could change.

32:36

But one of the things that might have to occur is that because of how the number of years it's been set up, if you have a cemetery now, when you start one, you have a perpetual care fund that you have to fund and administer, and uh they would have we'd have to make a determination if they have such an account, where does it go?

32:54

And if they don't, we might have to create one.

32:57

And unfortunately with with the cemeteries, when they need to do something, it's almost you know it's immediate because usually from the time you lose someone to have a funeral, you're usually looking about a week process.

33:11

Having a committee would basically have to post, require, get a quorum, and would not be the most fun in the world for the the applicant or or for a commission to try to meet really quickly under those circumstances.

33:23

But if that quickly know if that was the case, the cemetery board committee would have to take it upon itself to recommend it.

33:37

Not the city going to the has to be initiated by the committee to bring on that role.

33:44

Because it's a standalone.

33:46

That's the only thing.

33:47

It could it could it could work.

33:50

A park, you know, too.

33:52

So and I can see it working because also the parks and recreation library advisory board.

34:00

Um it struggles to keep members, you know, to keep members as well.

34:08

I know I was just looking on online.

34:10

Casa Grant has 20 boards and commissions.

34:13

Different ones.

34:15

Coolie just has a couple.

34:24

Yeah, Coolidge has six.

34:27

All the boards are normally created for very good reason.

34:30

Well, if it yeah, for one reason, but they're short term.

34:35

And they're and they're only for a specific reason where they could have been exorbed into another board.

34:43

Yeah.

34:44

All right, anybody else on the side, Andy?

34:47

Yeah, Dan.

34:48

Uh you speak about subcommittees with the boards.

34:51

Well, the subcommittee makeups just be members of the board, or can anybody get on a subcommittee?

35:00

The the way to have it drafted in your uh packet is it's a subcommittee of the commission.

35:06

If they so choose, we could write it that way that they can get volunteers.

35:11

It may be a challenge on a short-term notice, but you know, it is possible.

35:16

Um I think we probably would need some weird language to kind of do that.

35:23

So Steve.

35:25

That hurt.

35:26

Weird language.

35:29

My other word, another word is icky, but yeah.

35:34

That is kind of a challenge, but it it it could be done, but it's rather difficult.

35:42

Anybody else?

35:43

Dan?

35:46

Yeah, I do.

35:47

Uh I think I can speak for the uh revitalization commission and maybe the airport board too.

35:56

I think the direction giving to both those boards are was a little bit different than what you are looking at those boards to be doing.

36:05

When that uh revisitation committee started, it started out as a downtown commission.

36:11

That is correct.

36:12

The downtown commission's focus was to look at Main Street.

36:16

That's correct.

36:17

And so things like the uh mirror or the painting on the columns, things like the uh overhangs, uh the uh dustbowl, all that's all those things went through that committee with recommendations and back to council, those to me would not be a land use uh function.

36:41

And so likewise, uh excuse me, and also looking at the airport, uh there was a lot of discussion around more hangars, uh relocation of the uh uh taxiway.

36:53

Those were some of the things going through that airport commission, and again, I don't see those as land use functions, and so I I think maybe we're redefining what the focus of some of these boards and commissions are now compared to what the attempt was originally.

37:12

I guess that's one thing.

37:14

The other thing I would point out that I'm aware of people who were on the revitalization committee, and also uh people who on other commissions, and they lost interest, and not because there wasn't a quorum, because staff didn't follow up.

37:33

There were several uh several uh being an ex officio to the recreate to the uh revitalization.

37:41

There were people who stepped up and were willing to do things and never got the support of the city to do it.

37:48

And so some of the reasons that uh the revitalization committee is not met is because city staff never called a meeting for six months.

37:56

We discontinued the meetings last October, something like that, when uh John Bluming left and said, Okay, we don't have anything, so they people lost interest.

38:07

That's why people have not come back.

38:09

I've heard the same thing on the airport board.

38:12

People I know was on that now have lost interest because they said, Well, wait a minute, you've got his airport committee looking at the master plan.

38:20

How come nobody told us?

38:23

Well, if you're gonna go that route, uh why am I why am I wasting my time?

38:26

I've got more things to do.

38:28

So I think we've got people interested, but we've got to find a way to keep them engaged.

38:33

And we haven't done that.

38:34

And maybe the maybe the answer, Dan, is if some of these the separate separate out some of these uh committees and we're where we're looking for ideas from the public, not to do land use things, but ideas from the public.

38:49

And maybe the people who are in our chamber of those are not members of staff.

38:55

Maybe it's somebody who's uh uh uh public in the public who's now chairman of that commission that reports back into council or back in the staff to bring those things forward.

39:07

So I don't know, I said I I get I I see a need to have input from a public for new ideas and new thinking of uh really know if by putting it all under planning and zoning are we heaping too much on that group and are we gonna have the right knowledge or expertise on that group to make some of the decisions and get some of the input we want from a public?

39:32

I I guess that's my concerns.

39:34

Uh anyway, that's that's uh thoughts I had going through this.

39:38

Yeah, one other thing.

39:40

On the revitalization, and also I think it was one other board.

39:44

There are people who are not citizens of Elay on some of those.

39:51

Now I notice in the new code we're recommending that everybody be assistant.

39:55

So we're saying that those people no longer be part of this.

40:00

The revitalization committee, we looked at people who had businesses downtown.

40:05

That we were part of that.

40:07

So are we now saying that if we put those are in planning and zoning, that the uh a member would uh as part of that downtown activity or pre historic activity would have to be a resident of ELA?

40:20

Are we now saying that too?

40:21

Just thoughts, thoughts I had reading through this.

40:24

Okay.

40:25

Mayor, if I may.

40:29

The revitalization commission.

40:31

Its duties were changed several years ago.

40:34

It no longer has those duties.

40:37

Its duties now are for primarily um revitalization of structures and historic preservation.

40:48

So a lot of the work goes on in those areas aren't within the purview that you've mentioned.

40:55

I do believe that the revitalization commission the concept is a necessity.

41:03

Although the amount of ideas and stuff that can come from those, that's that's why I am recommending maintaining the subcommittees for that purpose and staffing those for an appropriate manner.

41:17

But if we would like to have you know members open to that, we could do that too.

41:23

It's but like I said, the revitalization commission was changed.

41:29

And that is basically now historic preservation commission.

41:35

So that's just my I just wanted to let you know that.

41:39

But was that change made as a request of council or a request of staff?

41:44

I believe that was done with the consolidation other the revitalization commission and historic preservation commission.

41:57

Okay, any other questions?

41:59

One more thing, yeah.

42:00

The planning and zoning board also looks at development.

42:04

So it does look at all phases of development.

42:06

You know, we look at it in the very preliminary, we're looking at it in future, what things are going to be.

42:14

Bringing that new part in from the airport, I think is very beneficial so they can see how everything occurs and contributes to it.

42:24

Because a lot of times they're way over here and they're not seeing any entire functions.

42:30

Even with the airport board, we still had a subcommittee for the for something, the general plan or mask master plan.

42:40

Yeah, yeah, we still had a a new uh committee, and then once that was done, it dissolved, I assumed.

42:48

So I would have to ask David, but is it going?

42:50

Oh, it's still going.

43:03

And uh a task force or a subcommittee to do those operations.

43:06

Okay.

43:07

Mayor.

43:08

Yes.

43:08

Back in the early 2000s when the um airport master plan was going on, they would meet monthly eventually.

43:14

Because then you had at the time it wasn't under PNC, or uh eventually after they went through that master plan community, they started to reduce it to every to a quarterly meeting.

43:24

And it was still pretty active, but she kept it active.

43:26

She kept bringing that information back to us.

43:29

So and that I think that's what's missing is the staff bringing the stuff that needs to be done, the hangars, uh the runways, some of that other some of those other items that are going on over there.

43:39

I also want to bring notice though that once we talked about the uh cemetery board.

43:43

I believe we have to have the cemetery board by an ordinance city ordinance.

43:46

If I'm not mistaken, when we took it over, that was part of the agreement.

43:52

I just know it's a standalone board.

43:54

Yeah.

43:56

So it just gets the funding from the city, but all the directions and rules and everything is brought before that.

44:03

I remember when But even at the airport, the approval still has come before the council.

44:10

It's so like planning and zoning.

44:13

Planning and zoning.

44:14

Everything still goes before the council, so this isn't a question, but more of a comment.

44:22

I I think that where we're going with this could be good.

44:26

Um I like the idea of consolidating things and having a group that sees the big picture.

44:34

But I think if we were going to do it, it would be important to make sure that within that seven-person group that there are people that are experts or stakeholders from the airport that aren't just people looking at the land use stuff.

44:53

They're looking at like to Dan's point and Jose's point, um, they're looking at airport stuff like the hangers or whatever.

45:01

Um, someone that that's been maybe already serving on the airport board.

45:07

And same, you know, I'm not I haven't been to on the revitalization committee, so I'm not really sure exactly how that one works, but I imagine that there's you know, people or something that are sort of more experts in that type of stuff, and they there should be at least a representation so that when we do break out into those subcommittees, as you suggested, Dan, that um you know, there's people that kind of know what's going on in those areas and that have some sort of um expertise in those areas, and then you know, the general planning commission is usually filled with a bunch of people, you know, who are sort of looking at the big picture of land use and and they fill in the blanks and everybody kind of works together.

45:50

So I actually kind of do like where this is going, but with the caveat that we would need to have um, you know, make sure that those viewpoints um from those other committees or those expertise levels are are filled in.

46:05

With with that being said, you have five that are sitting as planning and zoning right now, correct?

46:10

Right.

46:12

Yeah, there's five right now going to seven.

46:14

The recommendation is that airport, air park, I'm gonna remove because it's not just I use land use very generically, and I apologize for that.

46:24

It's all development, but you're right, you do need that specific runway, this, that, and other thing.

46:31

The there is a requirement in the draft that you know they have to be focused on air park and air park, they have to be focused.

46:39

One of them has to be focused on revitalization, one has to be focused on economic development housing.

46:45

The council is the one who appoints those positions.

46:49

So with with that one, um the one that you just got um that's stepping down from planning zoning.

46:57

We could actually hold off on that until we make a decision on this.

47:02

So therefore we would have so if they have five, so they have four right now, then we could fill it with three new positions with maybe one from the airport, one from the revision.

47:14

So there's your I think it's down two.

47:18

There are two, they're down two.

47:19

We don't know where we're um we have four right now, so six would be two.

47:25

You're down two?

47:26

Yeah.

47:28

Okay.

47:28

Well if we take one from each one that we're gonna put together, you almost got a cool thing.

47:37

And the way I foresee this is you could there's a couple different ways.

47:42

Yeah, a lot of trust you're gonna have to give me and then you'll be responsible.

47:46

But that's asking a lot.

47:52

Um the way I foresee this happening is uh right now we barely meet.

47:59

You know, I I do foresee us meeting at least once a month.

48:02

And having what are planning and zoning, what are the variants or little board of adjustments a little bit of a sidrack?

48:09

I'll get to that in a second.

48:10

But your airport and your revitalization, those are those should be standing items.

48:16

Yeah, what are we doing?

48:17

Where are we going?

48:18

What is the commission like to see?

48:20

No.

48:21

So I do see those as kind of standard agenda items.

48:25

Board of adjustments a little bit of a an oxymoron because it only means as needed, and it has to do this.

48:31

The planning commission has to recess and readjourn as the planning commission or board of adjustment.

48:38

So that's no problem because I know there's like the board of supervisors, they'll adjourn the meeting, go into their district, whatever they're and then adjourn that one and go to another district and then turn that one, then go back to the regular board of supervisors meetings.

48:53

Yep.

48:53

Yep.

48:55

So it's it's it's not uncommon.

48:57

No, no.

48:57

Yeah.

48:58

It's just that it doesn't have a standing item.

49:02

I guess my next question is how do we choose these people?

49:05

If this is the direction of the council to merge all these together, how do we choose them?

49:11

How do we choose the next members?

49:12

Do we pick names from a hat?

49:15

Well, I mean, that's they we'd be asking for them to volunteer if they're so if they're still interested, they can volunteer.

49:22

And then if you have enough people that are interested, let's say from the air park, you can enter you would interview those and then or select them.

49:32

I don't think we do interviews here, do we?

49:34

Yeah.

49:34

So we do interview you can interview them and find which one is the best that you want to have fit.

49:39

That's planning and zoning is set.

49:41

We don't we don't add or subtract from them right now.

49:43

Right.

49:44

The only thing that we're changing is airport revitalization and adjustments.

49:49

Correct.

49:50

Okay.

49:51

You guys are okay.

49:56

Excuse me, Mayor.

49:57

Just for clarification and Dan.

50:00

Um our member list, you've got Steve and Steve Paulson and Conrad Tolsener who are both have term expirations right now.

50:07

So they're just sitting on there until replacements are found.

50:10

So technically the planning and zoning commission only has two active members.

50:14

That is correct.

50:15

Um so you would have to if say you know these new folks from the other boards and commissions.

50:21

There's Alan right there, um, that would be interesting have to apply, and we'd still need to fill those three vacancies and select a new chairman for the planning commission as part of this process.

50:31

And we more or less do it like we do any vacancy within a boarding commission.

50:35

We bring the applications and viable candidates to council.

50:39

You guys would select a subcommittee members to serve on that um subcommittee to select the new members.

50:46

Yeah, David is correct.

50:47

I was assuming Mr.

50:48

Paulson and I would re reapply.

50:52

I know it's a good point.

50:54

Yeah, go ahead.

50:55

Yeah, I I think going forward before we do this.

51:00

I think one of the things that was expressed to me by uh some people was time commitment.

51:07

Yes.

51:08

Because right now some of the people who were on these committees or boards because it was uh community to meet once a month, and they said, okay, I don't want to spend a lot of time, but I I do have some input.

51:22

Once a month is doable, and sometimes we don't meet once a month.

51:26

But now as we put more onto this uh planning and zoning function, it means it will probably be meeting once a month, and with subcommittees, probably more than that.

51:39

And so I think as we ask people to reapply, I think that job, I don't call it a job description, but that description or function, we have to be very careful to outline that the what the commitments, time commitments really are, so they know.

51:56

And also I think other than just look at number of vacancies we have, I think we need to look at this.

52:03

Uh, what's the makeup of those vacancies?

52:06

Do we need somebody from the airport?

52:08

Do we need somebody from uh you know economic development?

52:12

Uh or do we have that on the committee on the board now?

52:16

So I think we have to maybe look at that too, just before we say we've got to move people over because are beginning the people with the right makeup that we went on that board then.

52:26

So I think you know it's a work in progress, if you will.

52:30

Well, not just that.

52:31

What if we redid their terms, term limits?

52:36

So are we gonna grandfather them in?

52:38

We just put them all into something new.

52:40

I mean, that's that's a whole different ball game itself.

52:43

Is is how do we do all that?

52:47

Yeah, yeah.

52:49

No, we the way I understand that, Marin, correct me if I'm wrong, Steve, and is they they can serve their three terms on that board and commission, but they can still go to another boarding commission.

53:00

But if if you if you consolidate them, then what do you what do you do?

53:06

Well, right, then you gotta look at you know, if there were three terms on the airport board.

53:13

Is it would the council be open to allowing that person to serve three terms on the planning commission because technically there's a new board?

53:19

Yeah, it's just continued.

53:21

Yeah, shut down.

53:24

Start over, huh?

53:25

Okay.

53:27

David Conrad's not termed out, right?

53:30

He just to serve one term.

53:33

Yeah, yeah, that's correct.

53:34

His term just expired in January.

53:37

So after he's done or whoever has done one term, they reapply, or they is that that would have to be open.

53:48

It's open until filled, yes.

53:50

Yeah.

53:53

And how much do these boards pay?

54:00

Dude, do we get like a per diem or something like that?

54:04

Yeah, I I'm very cognizant of the of the time commitment to these, so I would I would make sure it is appropriate.

54:15

Because we do have a handful in the next couple of years for all the boards.

54:20

We're starting our general plan.

54:22

This is gonna be a big endeavor.

54:24

We haven't updated it in 20 years.

54:28

So there's gonna be more than just once a month for majority of the boards.

54:32

Well, if that's the case, some of us will be in the cemetery doing the cemetery board.

54:39

Uh I'll address it in the middle of the case.

54:40

If I can go back, Dan to just uh recent uh and and Sarah can uh relate to this, the uh planning and zoning and dealing with the uh solar panel overlay and amount of time that could make sure spent on that.

55:11

So that would have taken considerable amount of time of somebody to work with staff to dig through all that before they bring up back the planning and zoning.

55:20

Because what happened was essentially planning and zoning did that in all the meetings, and some of the meetings went longer because of that, and it could have been done with the subcommittee before it ever got to that point.

55:30

But uh that's an example of where it could take some some time on somebody's part.

55:36

And I and uh I do agree with you on that.

55:39

Um as my responsibility, and David's also probably I would ask his direction on this, but um or McKenzie for that matter.

55:50

Well, we didn't the downtown Scottsdale when we updated the zoning code.

55:55

We knew this was a very controversial topic.

55:59

We went from 40 feet to 150 feet in billing height.

56:03

We went, we met, we hit the council created task force just to focus on those what are the ticket things.

56:12

So not knowing the mantra and what happened with the solar ordinance, but that probably would have been an approach that I would have taken on that.

56:23

Same thing with the the general plan.

56:25

Uh I plan to come back and ask the planning commission council to to form a separate committee just to do that.

56:33

And then you get people who want to and willing to spend that time.

56:38

I I agree with you.

56:39

It's having sat on these committees and staffed them.

56:44

I met for one board I met every two weeks for a year and a half or three hours.

56:50

Every Monday morning started at seven o'clock.

56:55

Believe me, I was so I I under I understand the pain.

57:02

All right.

57:04

So we're not making we don't do any action on this one.

57:06

Just direction.

57:08

Direction.

57:09

Direction.

57:10

Okay.

57:10

I'm good with it.

57:15

I've got to throw something else that's just another thought.

57:18

We have an activity council uh with Mackenzie coming up relative to uh mission whatever.

57:28

I wonder if maybe we shouldn't go through that exercise before we make decisions on what we do with boards and commissions.

57:38

Because some of that activity may define the needs of some of these boards commissions where we want to put focus.

57:46

Maybe we don't want to put focus on revitalization right now.

57:50

And maybe some of uh uh our mission vision and what those goals will or set some priorities that may help us define what we want to do with boards and commissions.

58:02

I thought I just thought out there.

58:05

Okay.

58:08

Anybody else have any questions, concerns about this item, this topic?

58:13

Drexel.

58:16

Okay.

58:17

Well, we can always discuss this again when you bring it before council.

58:22

Um, because it'll be uh be an action item, so it'll be on business.

58:26

So board members maybe would they want it.

58:29

Do you guys okay?

58:30

Yeah, we have three boards three planning.

58:32

Do you guys have any any thoughts, ideas, questions?

58:37

Powerball numbers, excuse me, mayor, members of council, just um to give you guys an idea, calendar.

58:42

So if we go with Dan's suggestion to hold off until we have the strategic planning meeting, we are scheduled to have that on the 15th Saturday, so that's not the Saturday, the following Saturday, which means that this item would see would be reagendized for the June 8th meeting.

58:58

So that's July 8th.

59:00

July 8th.

59:01

Thank you.

59:01

July.

59:02

The other J.

59:03

July 8th.

59:05

If if that's the direction the council wants to where you'd rather have the strategic planning process first and then go, because if we didn't do it that route, then and you wanted to continue to move forward with an action item, then it would the soonest it would go on is the next meeting in June, which is the 17th.

59:23

So it's just pushing it out a little bit more if that's what the council desires.

59:27

And I don't, you know, I don't think it it hurts to do that because the reason I say that we're an election year, and so come December, we're gonna have either some of the same or new council members will probably make some decisions relative to ex officio.

59:41

So maybe if it goes another month or two, I don't see where it's gonna be a big issue.

59:47

No, I'm okay with pushing it till July.

59:51

Yeah.

59:57

Somebody has to take their meds.

59:58

Oh, that's cute.

1:00:00

That's cute.

1:00:04

The new guy.

1:00:05

Uh did you use you had a comment, sir?

1:00:08

You want to come on up to the podium.

1:00:16

If you just state your name, we all know who you are with state.

1:00:19

That's Conor Ed Tolson Planning Christian.

1:00:21

And mayor and the city council.

1:00:23

Uh I just I was sitting there listening to the discussion, and I just had a few thoughts, and that's some things for thought.

1:00:29

Uh it's not like the Board of Adjustment.

1:00:32

You could just make that a function of the city co uh the council without having a separate board for that one.

1:00:40

So in fact, I think it was somebody who said that's why they do it in some communities.

1:00:45

The other one would be the uh airport and the re revitalization.

1:00:50

Those and it sounded like the problem there is that sometimes they don't meet for a long time.

1:00:54

They feel like they're mushrooms that nothing well, they're just left out.

1:00:58

So it's not like they'd be more appropriate to be an ad hoc or a task force.

1:01:03

Just call them when you need them.

1:01:05

Uh maybe have well, yeah, just call them when you need them, and that people understand maybe they maybe they go through an interview process and they understand they're not gonna be called for a long time, but they'll be called when they're needed.

1:01:15

And so that just the thoughts I had that you might want to consider is uh again like I say ad hoc for revitalization and uh airports.

1:01:26

And then uh if you guys are willing to take it the uh board of adjustment or take up the adjustment process yourself.

1:01:34

That's all we got.

1:01:36

Thank you.

1:01:36

Thank you.

1:01:42

Yeah, you can tell by his shirt.

1:01:45

Good evening, I'm Alan Crawford, and I am on the planning and zoning board commission.

1:01:52

I agree with Dan that I think that consolidation is a good idea.

1:01:59

In regards to the revitalization board, I I really think that there were a lot of good people wanting to do something with that, and as Dan Snyder said, they never had any power to do anything.

1:02:16

And things kept getting put off and put off and put off, and a lot of people lost interest.

1:02:24

So with Dan coming on, I mean he's obviously had a big catch-up job.

1:02:33

And I think he's trying to do the right thing, and I would support him in consolidating some things.

1:02:42

I also think that he would have to approach existing members and talk to them about what kind of time commitments he thinks are gonna be involved with the planning and zoning commission and subcommittees.

1:02:59

Because based upon what I've read and seen so far, heard so far, I think this is gonna be a much bigger job for the planning and zoning commission.

1:03:08

I'm not sure seven people's enough, because if you devote two or three to the airport board, that leaves four to take care of all the rest.

1:03:22

So that's my two cents.

1:03:25

Thank you.

1:03:26

I was even thinking the same thing like seven is maybe not enough.

1:03:33

Yeah, go ahead.

1:03:35

So I have a comment from the member of the public or a member of a commission via text.

1:03:40

It's from uh Frank Forsetto from the airport board, and he says, I couldn't make the work session tonight, but I am very interested in being part of the new committee and spearheading any airport subcommittees.

1:03:53

I will get my letter of interest in as soon as possible.

1:03:57

There's one mayor, vice mayor.

1:03:59

Um yeah, to echo the vice mayor's statement.

1:04:02

Frank and I spoke on Friday, and he wasn't very much in support of of what we were planning on doing here.

1:04:07

And you know, did all what Vice Mayor Curtis just mentioned too.

1:04:10

I also spoke with um Dina Decker as well on Friday.

1:04:14

Uh she would gave her support too.

1:04:16

She thought this was a good idea for all the reasons that we've been talking about tonight.

1:04:19

And she also would be interested to hear it on.

1:04:22

So um, I was unable to get I I emailed with Michelle Peters back and forth.

1:04:27

She was unable to make it.

1:04:28

Hopefully, she was able to jump on the live stream and view it too.

1:04:31

Um, didn't hear back from Jeff.

1:04:33

And we did have we did lose a uh member David Reya, he moved to Europe.

1:04:37

So um I didn't know that he never emailed to say he moved to Europe.

1:04:41

So when Sarah told me, yeah, when Vice Mayor Curtis told me, I was like, oh, really?

1:04:45

I okay, I lost a member.

1:04:47

Um, but yeah, just uh to to thank you, thank Frank for sending his text.

1:04:52

And there seems to be Dan had spoken to several members of of the various commissions that he oversights as well.

1:05:00

And the sediment seems to be unanimous that they agree that with the lack of stuff to talk about, it would be better to have one consolidated board to make it more meaningful and all did uh agree that they would like to be part of a bigger board that met more regularly that had more impact in the community, and they knew had a little more teeth to it when they made recommendations going to city council members.

1:05:19

Thank you.

1:05:20

And I've heard Mayor, if I may, I've heard that consecutively since I've been here, and if it echoes many commit communities, is when you have a board that doesn't have much power or much, I don't say power, but much ability to do anything, or they have a very narrow task.

1:05:36

And I love revitalization.

1:05:38

I started in that field.

1:05:42

But it has such little ability.

1:05:45

So when you incorporate them into the planning commission, they have a much more ability to focus on many items instead of just that one, and you start getting this cohesiveness throughout.

1:06:02

I will like to say the one thing that's came to my brain.

1:06:07

One city, and we'll keep it um if you ask me, I'll tell you, but they had four revitalization commissions, all of them were disintegrated within 10 years for lack of work to do.

1:06:22

They just felt it was no longer it's so small.

1:06:26

It is an important subject, but it ends up getting reabsorbed over time.

1:06:34

All right.

1:06:35

So go ahead.

1:06:36

Thank you, Mayor.

1:06:37

I just have a question.

1:06:38

Are we gonna make sure though?

1:06:40

I mean, just because David mentioned, there are two people currently on the airport board that are interested.

1:06:48

If we have more people interested, we're not going to only limit it to two people from the airport board or because I want to make sure we have a board that is a good mixture of people who live in different areas of our community, not just solely in certain areas.

1:07:09

Okay.

1:07:09

That would be my only concern.

1:07:11

I just want to make sure that we're looking at that when we are putting this board together that we're um represented.

1:07:18

Right.

1:07:18

Because you know, the solar thing really affects a certain area of town more kind of than others, and so I just want to make sure that these board, this board is a good representation of the entire community, not just of a pocket.

1:07:33

Right.

1:07:34

Got it.

1:07:35

Thank you.

1:07:39

All right.

1:07:43

Okay.

1:07:44

Well, let's go to nothing else.

1:07:46

We'll go to item B.

1:07:50

I promise the next two will be short.

1:07:55

Uh planning zoning commission, board of adjustment responsibilities.

1:08:00

This echoes on the the last discussion we just had, but as I said earlier, regardless of what your decision is, there are modifications that are needed to resolve conflicts and bringing that forward.

1:08:15

Um, and as I said, there's a lot, there's some duplication and there's some inadequacies in the text.

1:08:21

Although one of the primary amendments that we were looking forward to uh bringing to the board of adjustment is the ability to approve reasonable accommodations.

1:08:32

This is a requirement under ADA and HUD and a fair housing act, both at federal and state levels.

1:08:40

We are required per statute to make reasonable accommodations for housing purposes.

1:08:47

A few years ago, the state actually brought it in more heavily.

1:08:51

Um because of the statute for a variance that says you cannot create a need for that variance.

1:08:58

It's difficult to approve a variance for a person like that.

1:09:02

So many communities that now have authorized or incorporated into their provisions separate allowances for reasonable accommodations, and that's what this provision would do.

1:09:17

So in that you would be able to, the board of adjustment or whoever acts as that role would be able to approve a reasonable accommodation, and it has to be for the person that's either living there or on behalf of that person.

1:09:35

And it's essentially a variance, but it is not a very because of the statute uh requirements to say I can't do this.

1:09:46

Uh they came very popular when um more affluent people who have disabilities are now able to afford living on their own.

1:09:54

Uh, I did see a great spread in Scottsdale Peoria uh in Flagstaff.

1:10:00

So I think it is very a necessary thing that we add to our code here.

1:10:04

So and the last one that would be currently the subdivision orderance doesn't have an appeal process.

1:10:11

So when I make a decision, they go to court.

1:10:15

So the idea is very similar to the Board of Adjustment.

1:10:18

They can at least appeal my decision and keep it locally.

1:10:22

So again, I would bring these all together with the same amendments as we're looking forward to those.

1:10:31

And seeking staff direction.

1:10:33

Staff seeking council direction.

1:10:36

Can you go back to the map?

1:10:37

Yeah.

1:10:39

That one?

1:10:40

That's the same one as uh it is the same one.

1:10:43

Okay.

1:10:44

They're all intertwined.

1:10:46

I can do them all separately.

1:10:50

But they do it does help, it's helpful to bring them to you as a packet.

1:11:03

Yeah.

1:11:04

Any questions regarding item B.

1:11:08

No.

1:11:09

No way questions.

1:11:11

Okay.

1:11:12

All right, we'll go to item C.

1:11:15

I don't see the historic preservation overlays.

1:11:18

This is a new overlay being proposed to the uh zoning districts and the zoning map.

1:11:24

The intent of the historic preservation overlay is to take a lot of the functions that are currently done by the revitalization board, regardless of what board it does it, but puts it in an overlay zone.

1:11:37

Currently, the city, as I said, doesn't have a doesn't have a register for historic properties.

1:11:45

So there is no way to track these.

1:11:48

And there's many benefits to a historic uh overlay zone.

1:11:52

You know, by creating a historic overlay zone, you create a designation on a property, indicating that it's either a landmark, if you don't know what a landmark is, a landmark is a specific uh item structure event that happened on a particular property.

1:12:10

A historic district is like a neighborhood.

1:12:14

So a district is where you have a large area.

1:12:17

Um you could use, let's say downtown Eloy was if it had a lot of its older structures in the same condition that were uh I use Prescott, for example.

1:12:29

That is a historic district because it has a conglomeration of properties.

1:12:35

You're talking about the square area or whiskey row.

1:12:39

Mm-hmm.

1:12:39

Mm-hmm.

1:12:41

So it contributes to the general plan.

1:12:44

The general plan talks about preservation enhancement, cultural awareness, and public uh education and welfare.

1:12:51

So we're achieving the goals of the general plan by enacting this zoning district, but more importantly, when somebody applies, they can get that designation.

1:13:01

Currently, the way the statutes are written in an Eloy, a property owner cannot request.

1:13:08

Only the revitalization commission can recommend and choose what property.

1:13:15

So it also allows for um applicable provisions.

1:13:20

A lot of times what happens over time is a historic property no longer is compliant with current zoning.

1:13:28

So what this does, it allows the property to the overlay allows for modifications, whether it's in your land uses, whether it's commercial, residential, industrial, or it's setbacks, its heights.

1:13:42

So all these different things that make it unique, make it compliant.

1:13:46

You can use the overlay to modify the standards to make it compliant.

1:13:50

We all can think about back east where we have a lot of historic homes that are now run as commercial businesses, but they're in a residential neighborhood.

1:13:58

This would allow, but under underlying zoning, you can do that by putting an overlay on and allowing those commercial uses, it maintains its historic preserve historic purpose.

1:14:11

So it allows for those.

1:14:14

Furthermore, the like I said, it gives the property ability to ask for a zoning designation.

1:14:22

It has to meet criteria.

1:14:24

And the proposed amendment would bring our current standards up and in line them with the state and national standards.

1:14:31

They are currently not in line with those.

1:14:34

So we would have to do that, and it outlines those.

1:14:36

Furthermore, it if defines the economic hardship, which is currently there, but it gives a lot more definition to it.

1:14:44

An economic hardship is something we just did with the Dust Bowl Theater.

1:14:50

In other words, it was it could have been a historic property, but it was beyond its uh financial or economic viability.

1:15:00

So it allows it to be removed, but there's a process that you have to go through is documentation.

1:15:04

There's you can do a landmark plaque, there's all kinds of things that could happen.

1:15:08

So that's allows for that process.

1:15:10

It also allows for an administrative approval process when they meet the guidelines.

1:15:15

A lot of people don't know when you're adding on to a historic building, you're not supposed to replicate that building.

1:15:22

You you're to be compatible but not replicate.

1:15:25

And that's going through school, I was kind of shocked because I like to sort of buildings and whatever they look that way.

1:15:32

But the national guidelines say you actually take away from the historic nature of that property when you replicate it.

1:15:42

So that is the major part that's gonna be incorporated through the adoption of these guidelines.

1:15:58

And it provides a good mechanism for tracking.

1:16:01

We all can go to the zoning map and go historic preservation property.

1:16:06

Furthermore, one of the things that I added into this is the ability to identify landmarks through plaques.

1:16:13

It's not very common, but it allows the council or the planning commission or the historic preservation commission, whichever we choose, to designate a property like the dust bowl to provide a placard as a as a historic monument to that location.

1:16:33

So it gives that ability, whether it's revitalization, it just keeps that momentum going.

1:16:38

I think we've all driven down highways, at least for me in the Midwest.

1:16:42

You see them on the side of the road.

1:16:44

This war was fought with this tribe or this civil war fight, those are placards and they're very effective.

1:16:50

People stop and read them.

1:16:52

Me, a little kid, I hang on, but you know.

1:16:56

So again, I wouldn't I would modify that the amendments to any of the direction that you give me, and still bring them back as a whole, since they're all in my opinion, they're all integrated.

1:17:10

Whether we choose different directions of the board, I can't separate them out, they're all separable.

1:17:16

But I would like to bring them as a function of one.

1:17:20

Okay.

1:17:21

So I I got a question.

1:17:26

How do you do the entertainment district?

1:17:30

What type of entertainment district?

1:17:32

Okay, say, for instance, a restaurant and bar wanted to do something on Main Street.

1:17:37

Okay, but they can't because there's all these churches.

1:17:41

So if you had Main Street as an entertainment district, you can go around those codes or whatever it is, the feet and all that stuff.

1:17:52

How would you do that?

1:17:54

How would I do that?

1:17:55

Now the only way I've seen it that you can do it with the zoning district.

1:17:59

We try to do it where I used to work, didn't work very well.

1:18:02

The and correct me if I'm wrong, Steve.

1:18:05

The entertainment district designation allows, like you're saying, for those liquor establishments within close proximity of a church.

1:18:13

The council just needs to designate that district.

1:18:18

I don't know, really.

1:18:20

So we we wouldn't need like a historic preservation overlay zoned, like something like that type deal.

1:18:27

You could I'd have to do some more research on it, but I think you could just create you could basically create the district.

1:18:36

I think it's just a designation, if I remember correctly, it's just a designation, it's not a zoning.

1:18:42

It's much like the sign-free zones that we have for political signs.

1:18:48

You can designate an area that no political signs are in.

1:18:51

Okay type of thing.

1:18:53

It is there any way we could start that process.

1:18:58

Sure.

1:19:00

For main street.

1:19:06

I know I know there is one former council member that was very excited to do that, but um, it just kind of went away.

1:19:14

But if we're gonna be doing all this stuff too, it might be best to kind of add that to the mix.

1:19:22

If we're looking at historic preservation, restaurants, bringing activity to our our downtown area.

1:19:32

Um, that might be an idea, kind of like what um Prescott did.

1:19:38

Yes, they did.

1:19:39

Yeah, that's what they did.

1:19:40

So um it might be a good idea to to bring the council and to see what how we can make this happen.

1:19:50

If four people agree, if four people agree.

1:19:54

Oh, okay.

1:19:54

I'll bring it whether you're four people and whether you decide to enact it, it's another yeah.

1:20:09

And maybe maybe um may add it do it as as an action item possibly action discussion you know in action item since it's not going to be that hard to Steve for Steve to allow us to move forward with it.

1:20:21

So mayor council members um I think as if you're looking to do that perhaps getting a map in the downtown and finding out where the churches are located.

1:20:31

They're all on Main Street.

1:20:33

There's like four of them on Main Street.

1:20:34

Pick one yeah but I but I I mean the one like you know the proximity St.

1:20:40

Helens those you know yeah okay well that's something that we could talk about at the time because there's like like three I think three or four on Main Street.

1:20:51

So and it's not legal advice but you really should give us some thought about as what your district would look like it's nice to create it but you you know you want to make sure you you you create what you intended to create.

1:21:04

Right.

1:21:04

Well you got a month McKinsey you got a month so much shine bright like a diamond.

1:21:23

That's a different having lived through that growth period I know how a lot of that happened well I I want to add something like Penal County has a the our our our um supervisor um Mr.

1:21:38

Miller put out a uh email to everybody and it just says like district facts and it says Eloy is currently have population for 17 and it says that we're our population is scheduled to grow by 41% it says by 2026.

1:21:55

Now whether that's true or not because it gives a link to our website it's still better to start planning ahead by now than to wait for this growth to happen and then we're already steps backwards.

1:22:09

So whether it does happen which it says in the next target in 2026 at least we got the ball rolling in 2024.

1:22:19

So it's important that that we start this it would be the four thousand four thousand people.

1:22:26

Yeah they're saying well on our website it says um that we're supposed to grow to um thirty thirty almost thirty two hundred thirty two thousand people by twenty twenty five yeah well that's on our website so we better hurry we'll blame that on somebody else July eighth everything needs to be done yeah I don't get that's a good that's a great comedy also goes into the fact that one of the reasons why we increase the budget for the economic vitality study is for downtown any certain corridors to be looked at because that's prime.

1:23:11

Yeah.

1:23:13

Okay well we got some homework to do um any questions comments from the audience any additional ones no council anything else Andy lot of pressures the uh historic preservations and landmarks let's take the uh visitor center over there if we wanted to make that a historic building a landmark or something through state guidelines if it qualified it would have to come through the revitalization committee subcommittee and then go out like that or what would the process be I I would recommend that you wait until we get the historic overlay done first and then because that's actually on one of my lists to to do um being that we own it it's not a Prop 207 issue a lot of times that's what you um where you get those issues so I do see that and um we can apply for the state the I'd have to do an assessment of the building and see how it's been modified definitely the events that happen there qualify whether the structure does I don't I have to look at that I know the little schoolhouse would I'm not sure about the exterior of the other one but the events that have happened or do would qualify it.

1:24:38

Are the benefits if it gets qualified from the state any monetary benefits or anything that would come along with that.

1:25:00

So not only do you get the locally now, you get to be listed on national, so there's those opportunities.

1:25:14

Uh property tax rates.

1:25:16

Um there's also revitalization money that could be set aside through those funds.

1:25:22

Um the biggest hurdle, I I agree.

1:25:25

A lot of it's something that I just tell the council.

1:25:29

Um people are afraid of the Prop 207 issues because they think it's gonna take away their value for innovative properties.

1:25:38

Uh Flagstaff is a perfect example.

1:25:40

They had the first Prop 207 claim in the state on a historic preservation district.

1:25:45

Dan you I'm sorry, can you take a minute just to explain what Prop 207 is for those unfortunate?

1:25:51

Oh, sure.

1:25:51

Thanks.

1:25:52

Prop 207 is a proposition that was passed in 2007, and it was passed under the eminent domain clause of the state and was sold as an eminent domain clause, so everyone approved it.

1:26:07

Um it prohibits the city, not prohibits.

1:26:12

If a city enacts a law that has a potential of devaluing a property, they can file for just compensation.

1:26:23

So if we rezone a property from commercial commercial heavy to light commercial or residential, they can turn around and request compensation from the council.

1:26:37

They don't have to prove it, they don't have to do nothing.

1:26:41

It's not the burden of proof is on the council.

1:26:44

So having been subject to many of them, uh, because of decisions that were made.

1:26:53

The most of them the councils do is they keep the law in place.

1:26:59

They have two choices.

1:27:00

They can rescind the the ordinance, pay it, or provide a waiver.

1:27:07

So basically, the sign off the council says, you know, even though your zone R16 and you were zone commercial by providing a waiver, you get to keep your commercial standards.

1:27:19

A lot of them do it.

1:27:21

Um for example, in Flagstaff, they wanted to regulate the tall apartment buildings.

1:27:27

When that went into place, it sprang out Prop 207 claims because so many property owners were banking on the student housing projects.

1:27:38

Council waived a lot of them.

1:27:40

So Prop 207 is something that could cause a uh the council to either have to pay a just conversation, waive it, or rescind the ordinance.

1:27:50

So and there's a time period and a burden on the city.

1:27:56

So uh historic preservation is one of those that you have to be careful about because people think it some people think it's uh takes away property values and what they can do with the property.

1:28:06

Um historically in a state so far has proven not to be.

1:28:10

It's actually and in Flagstaff any property values increase 300% in two years.

1:28:18

So it really depends on where you're at and what you're doing.

1:28:22

So all right.

1:28:27

Go ahead.

1:28:28

As we talk about this entertainment area, can we be specific as to what's gonna be allowed in there or not?

1:28:33

I can think of a few entertainment businesses that we probably don't want on Main Street, especially if you want lights.

1:28:42

Neon lights.

1:28:43

I think it's I think it's just for liquor, right?

1:28:45

Yeah, yeah.

1:28:54

All right, well, yeah.

1:28:56

Well, that's something we can talk about on the July 8th.

1:28:59

So, yeah, I think the I think it more uh Steve and I were just chatting on the side, it has more to do with the liquor boundary for restaurants and bars.

1:29:07

Yeah, your zoning provisions, though, if you want to create an overlay district.

1:29:12

Yeah.

1:29:13

It's a different ballwagon.

1:29:14

There's also the the feet from the schools and things like that.

1:29:18

Like you could have put a strip club on Main Street because of everything right there.

1:29:22

So just want to make sure that we're clear about that.

1:29:28

You can keep putting a 20-foot wall up around my house, and I'll have them deal with the lights.

1:29:31

Yeah, not like saying the green chapter.

1:29:35

No.

1:29:36

No.

1:29:37

All right, ladies and gentlemen, appreciate you, Dan.

1:29:39

Appreciate all your hard work.

1:29:40

Thank you.

1:29:41

Staff has some uh work to do here in all our comments.

1:29:44

Thank you, um audience members, for participating.

1:29:48

And that's gonna do it for us.

1:29:50

Uh, we will see you at the next meeting, which is next week.

1:29:54

Yeah, all right.

1:29:55

Meeting adjourn.

Discussion Breakdown — Share of Meeting
Planning And Development█████████████████████████████████████████████54%
Historic Preservation█████████████16%
Community Engagement████████10%
Procedural██████7%
Personnel Matters███4%
Airport Management███3%
Economic Development██2%
Legal Affairs██2%
Parks and Recreation1%
Summary of Proceedings

Eloy City Council Work Session – June 3, 2024

The Eloy City Council held a work session on Monday, June 3, 2024, beginning at 5:31 p.m. in the City Council Chambers. The meeting focused on three interrelated zoning text amendments: consolidating several boards and commissions under the Planning and Zoning Commission, updating the responsibilities of the Board of Adjustment and Planning Commission, and creating a new Historic Preservation Overlay Zone. No formal votes were taken; the council provided direction to return with revisions after a strategic planning session.

Public Comments & Testimony

  • Conrad Tolson (Planning Commission member) suggested alternatives: making the Board of Adjustment a function of the city council, and using ad hoc task forces for the airport and revitalization boards rather than full consolidation.
  • Alan Crawford (Planning Commission member) expressed support for consolidation, noting that revitalization lacked power, and cautioned that seven members might be insufficient given the expanded scope.
  • Frank Forsetto (Airport Board member) submitted a text message read into the record indicating strong interest in serving on a new combined committee and leading any airport subcommittees.

Discussion Items

A. Boards and Commissions City Code Text Amendment

Community Development Director Dan Seimer presented a proposal to consolidate the Airport Advisory Board, Board of Adjustment, Revitalization Commission, and Planning Commission into a single seven-member Planning and Zoning Commission. The rationale included: volunteer shortages (only two active planning commission members, one revitalization member), infrequent meetings (some boards not meeting for two years), and efficient use of limited staff. The consolidated board would create subcommittees for airport/air park, revitalization/historic preservation, and economic development/housing. Council members discussed the need to preserve specialized expertise, term limits, and the timing relative to an upcoming strategic planning session (June 15). The council generally supported the concept but wanted more detail after the strategic plan.

B. Planning and Zoning Commission and Board of Adjustment Responsibilities Zoning Text Amendment

Seimer explained this amendment resolves code conflicts and adds the ability for the Board of Adjustment to approve “reasonable accommodations” under the ADA and Fair Housing Act. It also creates an appeal process for subdivision decisions. Council had no questions and agreed the amendment should proceed as part of the larger package.

C. Historic Preservation Overlay Zoning Text Amendment

Seimer proposed a new overlay zone to allow property owners to request historic designation, align with state/national standards, and provide administrative approvals for compatible alterations. The overlay would also allow modifications (e.g., uses, setbacks) to help historic properties remain compliant. Council members discussed potential benefits and concerns about Prop 207 (Arizona’s eminent domain compensation law). Vice Mayor Curtis raised the possibility of creating an entertainment district on Main Street to relax liquor proximity rules. Staff was directed to research the entertainment district concept for the next meeting.

Key Outcomes

  • Council directed staff to postpone further action on all three amendments until after the strategic planning session scheduled for Saturday, June 15, 2024.
  • The text amendments (A, B, C) and the entertainment district discussion will be re-agendized for the July 8, 2024 council meeting.
  • Staff will prepare a downtown map identifying churches and explore the feasibility of an entertainment district overlay.

Meeting Transcript

Yeah, the scary thing, Mary, is I sing karaoke from time to time too. Mayor at 530 whenever you're ready, sir. Good evening. Welcome to night's work session here at Eloy City Council. It is Monday, June 3rd, 2024. Time's approximately 5:31. I call this meet to order. If I can get the roll call, please, Miss Mary. Councilmember Seton. Here. Councilmember Wana Wappa Rodriguez. Here. Vice Mayor Curtis. Here. Mayor Powell. Here. Councilmember Schneider. Here. Councilmember Garcia. Present. Councilmember Toringo. Here. Thank you. If we can all stand for the Pledge of Allegiance, please. And to the republic. All right. We're gonna go straight to item five discussion items, board and commission city code text amendments. Dan. Good evening, Mayor, members of the council, Dan Seimer, Community Development. The item before you today is a discussion item for your direction. It pertains to the regular review and consideration of the exist some of the existing boards. Four of these boards, uh three of them are within the planning and development department. So the overview before you is kind of how I'd be going through the discussion, the purpose, the brief overview, the proposed amendment, and the rationale, and then open it up for discussion. One thing to keep in mind as we go through this discussion, each of these, all three amendments can stand alone. Although as presented in the packet, they all build on each other. So regardless of what you decide on the first one, amendments are necessary for the others. So from time to time, it's good governance for the city council to review its boards and commissions for it to ensure that we're being effective in our manner that they're created. Our volunteers are provide their assets and their time, and it's very important to me and as the community to ensure that their time is spent wisely. Furthermore, many of the boards and commissions that are created throughout the city are are for great reasons, but more importantly, sometimes those boards eventually become ineffective, and not because of lack of participation, but because their time is due. And that happens to be with our historic preservation board uh a few years ago when you consolidated that with the uh revitalization commission. One of the things that we look at from time to time is the proposed purpose and to ensure that we are maintaining the main objective of these boards that you created and to provide guidance to the city council. We review their goals and priorities, their purposes for meetings, and the more challenging aspect is to not overly have meetings as I call meetings beyond meetings, beyond meetings for death. Um all our boards that we're talking about today are as needed, and they meet as an as needed basis. One of the major complaints that I've heard from some of the members is we don't have enough volunteers, and that is true. We currently lost two more members this past week, one from the planning commission and one from the revitalization board. It is difficult to maintain these boards, and I hear this from time to time. Uh they want to participate, but we don't meet enough, or we don't have subjects enough. But as it pertains to these boards, they're so diverse in their planning elements that they're spread so thin that their meanings are still important, but yet we don't have enough purpose or topics to discuss. Furthermore, as we look at the alternatives and goals, we look at our resource allocation. It isn't uncommon for boards and commissions to be staffed by at least two people per board.

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