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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/3/2004 * PLEASE NOTE: Since the Glendale City Council does not take formal action at the Workshops, Workshop minutes are not approved by the City Council. MINUTES CITY OF GLENDALE CITY COUNCIL WORKSHOP February 3, 2004 2:30 p.m. PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Thomas R. Eggleston, and Councilmembers Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Phillip Lieberman, and Manuel D. Martinez ALSO PRESENT: Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Jon Paladini, Interim City Attorney; and Pamela Hanna, City Clerk 1. FOLLOW-UP REPORTS ON OCTOBER 21SST COUNCIL ITEMS OF SPECIAL INTEREST CITY STAFF PRESENTING THIS ITEM: Mr. Ed Beasley, City Manager This is a request for the City Council to review and provide direction regarding reports on the following items: A. Shopping Cart Ordinance B. False Alarm Ordinance C. Loop 101 Landscaping Council "Items of Special Interest" are discussed quarterly in workshop according to a Council procedural guideline approved in the fall of 2002. The memoranda attached to the council communication provide an initial assessment of topics identified during the October 21, 2003 Council workshop. The reports address issues related to the Council's priorities of enhancing the quality of life for Glendale residents and ensuring public safety. At the October 21, 2003 Council workshop, the following "items of special interest" were identified by the Mayor and Council to receive an initial assessment by staff related to costs associated with their study and implementation: o Shopping Cart Ordinance — Councilmember Frate o False Alarm Ordinance — Councilmember Clark o Loop 101 plant material compensation - Mayor Scruggs o Speed Hump Policy— Vice Mayor Eggleston 1 o Timely process for dealing with parties interested in Downtown Development/Redevelopment— Councilmember Goulet Just prior to the October workshop, Transportation Department staff had provided to the Mayor and Council a comprehensive written report on the city's traffic mitigation program, which included a speed hump program evaluation update. Following the workshop, Transportation staff met with Vice Mayor Eggleston to go over this report and it was agreed that this topic did not need to come back for a workshop discussion at this time. Mr. Tim Ernster, Deputy City Manager for Community Development, wrote a November 14, 2003 memorandum regarding downtown development and new processes to address regular interaction and communication with business owners. This memo was distributed to the Mayor and Council with a cover memo from the City Manager, dated December 10, 2003, addressing downtown development issues. Councilmember Goulet indicated these periodic updates were helpful and that this topic did not warrant further discussion under the subject of "items of special interest." Should the Council decide to pursue further action on any of these topics, various stakeholders, interested parties, and the public at-large will be notified of policy changes and/or future opportunities to provide input. Each of the three reports memorandums include an initial assessment of the possible budget impacts and costs. The recommendation was to review and provide staff direction on each of the three items of special interest. Shopping Cart Ordinance Councilmember Frate said the problem of shopping carts that end up on city streets, in neighborhoods and in vacant fields is seen throughout the city. He expressed his opinion the city should charge a small fee for each cart it picks up, with an additional fee assessed if the carts are not retrieved by the store within a certain period of time. He said Arizona Grocers Association contracts with a company to collect shopping carts, however they do not appear to do a very good job and not all stores are included on the contract. Councilmember Clark suggested the city's design guidelines require businesses that use shopping carts to install a barrier device that does not allow the carts to be moved off the property. She agreed abandoned shopping carts are a nuisance and the costs associated with collecting and storing the carts should be passed onto the store. Mayor Scruggs asked Councilmember Frate if his intention is to have city employees collect the carts and store them at a specific location for later pickup by the stores. Councilmember Frate responded yes. Vice Mayor Eggleston mentioned a man he knew used to collect carts throughout the city and return them to the appropriate stores for a fee. He expressed his opinion the 2 city is authorized to collect the shopping carts if they are left within the city's rights-of- way, however, he is not comfortable charging stores for the return of carts that were essentially stolen from their property. Councilmember Goulet acknowledged carts are a problem at some locations in his district. He questioned whether the city would be liable for any damage to the carts while in the city's possession. He suggested the city simply contact the store and inform them of the location of stray carts, pointing out stores have a financial investment in the carts and are typically anxious to have them returned. Councilmember Lieberman stated dedicating a full-time employee and a city truck to the cause would cost the city a considerable amount of money. He pointed out stores are not willing to press charges when a cart is taken off their property and proving who took a cart can be virtually impossible. He said the city is not in the collections business and agreed the city could be held liable for damages. He stated, while state law allows the city to collect up to $50 dollars, he does not believe the stores will pick the carts up if they have to pay a fine. He said stores will not install alarms that trigger when a cart is taken off the property even though the alarms could be installed at a very reasonable price. He explained stores are reluctant to do anything that would embarrass customers. In response to Councilmember Martinez's question, Mr. Paladini said state law gives cities the power to either notify retailers of stray carts and allow the retailers three days to retrieve the cart or, alternatively, to collect the cart immediately and then notify the retailer and require that they retrieve the cart within three days. He stated, in either instance, the city cannot charge a fine or the cost of impoundment until after the three day grace period. He pointed out that, while the city can legally assess a $50 fee, it can also charge for the actual cost of impounding a cart. Councilmember Martinez suggested retailers institute a reward program for the return of shopping carts. Mayor Scruggs stated she agrees with Councilmembers Goulet, Martinez and Lieberman. She commented that the stores may not feel paying the city a fee is a good deal. Councilmember Frate suggested the issue presents a good opportunity for a willing entrepreneur. He said he often receives phone calls from constituents complaining about abandoned shopping carts, expressing his opinion the issue needs to be addressed. Mayor Scruggs asked if the city has the authority to collect carts located on private property. Mr. Paladini said the statute does not address whether the carts have to be on public property or if cities have the right to access private property. Councilmember Clark said the Legislature would not have passed the statute if the problem was not a statewide issue. She commended staff for proposing two alternatives that address the issue while taking cost recovery into account. She said, since it appears the majority of Council does not support the proposed alternatives, perhaps another alternative should be developed. Councilmember Goulet suggested the city establish agreements with retailers wherein the retailer agrees to voluntarily recover their property. Mayor Scruggs said the dedication of a full time employee to the collection of shopping carts will fall very low on the priority list during the next budget session. She expressed 3 her opinion the issue is one that the industry itself has to address. Councilmember Lieberman pointed out grocery stores build the cost of stolen shopping carts into the prices they charge for products. He suggested the city establish a council made up of various retailers who could then recommend solutions to the problem. Councilmember Martinez recommended the city write a letter to the Retailers Association to solicit their input the on subject. Vice Mayor Eggleston supported Councilmember Martinez's suggestion, stating he would also send letters to the individual retailers to get their ideas on the issue. Mayor Scruggs directed staff to contact the Retailers Association and/or individual store managers, informing them of the problem and providing options for addressing the issue, including the use of perimeter control devices and reward programs. False Alarm Ordinance Commander Krystek confirmed for Mayor Scruggs that the costs associated with researching and developing a false alarm ordinance will total approximately $22,910. In response to Vice Mayor Eggleston's question, Commander Krystek stated non- compliance with the city's false alarm ordinance is a misdemeanor. He said they believe false alarms should be subject to civil sanctions rather than classified a misdemeanor. Vice Mayor Eggleston suggested the Police Department bill people for false alarms. Chief Henderlite explained the ordinance they are proposing would place a civil sanction against the owner of the alarm upon the third false alarm. Vice Mayor Eggleston asked if, historically, false alarms occur more often at homes or businesses. Commander Krystek said the majority of false alarms occur at private residences, with most being repeat offenders. Councilmember Clark commented on the magnitude of the problem and the impact they have when each false alarm removes three officers from the street. She asked if the fees will increase with each subsequent false alarm. Councilmember Lieberman pointed out 13,000 false alarms a year averages out to 40 per day. He asked how many previously cited owners have failed to pay their fines. Chief Henderlite stated the city has not billed people for violations of the ordinance because doing so would be very cumbersome and it is not necessarily easy to identify the actual owner of the system. He said part of the 18-month process will include identifying the owners of systems and repeat offenders. Councilmember Lieberman agreed it will be difficult to collect fines, pointing out the owner of an alarm will simply claim someone tried to access the building which tripped the alarm. Councilmember Goulet said Council's original concern was over situations where a business's alarm would trip and the owners could not be located to turn the alarm off. He stated the focus seems to have changed to private residences. He suggested the city find a way to deal specifically with the repeat offenders, rather than pass an ordinance that is too punitive. Councilmember Martinez asked if residential false alarms occur typically when the homeowners are not home. Chief Henderlite responded yes. Councilmember Lieberman stated he supports the proposed expenditure to further 4 research a false alarm ordinance. Mayor Scruggs said Council previously set the false alarm issue aside because registering the alarm owners would require the addition of two or three new employees. Vice Mayor Eggleston recommended the city educate the public on the problem. Councilmember Frate agreed, stating people often do not realize they have tripped an alarm or know how to turn an alarm off once it has been tripped. Councilmember Martinez said he supports moving forward with the research. He asked for information concerning the number of false alarms repeat offenders had over the past year. Mayor Scruggs asked what roles will the Finance and IS Departments' play in the research. Mr. Krystek explained the Finance Department will handle the collection of fees should an ordinance be adopted. He said they will act in an advisory role during the research period. He said the IS Department will evaluate various computer systems that will allow the city to track the number of false alarms at specific locations. Mayor Scruggs voiced Council's consensus to proceed with changing the violation from criminal to civil and fining repeat offenders. She said the Council also supports educating the public on the issue. She directed staff to proceed with their research. She asked if public meetings will be held before or after Council votes on the ordinance. Chief Henderlite stated that decision will be left to Council. Councilmember Lieberman suggested the CAT-Team incorporate information on the ordinance into their meetings. Mayor Scruggs asked Chief Henderlite if they envision requiring alarm owners to register with the city and pay an annual fee. Chief Henderlite said there could be some merit in registering alarm owners in the future, however, whether or not a fee would be assessed falls outside of his authority. Mayor Scruggs stated she will remain opposed to requiring alarm owners to register with the city or pay an annual fee. Chief Henderlite pointed out the proposed ordinance does not recommend the assessment of any fees. Loop 101 Landscaping Mr. Broyles confirmed for Mayor Scruggs that the number of trees and shrubs that died falls well within the tolerances expected for a project of this size and nature. Vice Mayor Eggleston asked if anyone asked ADOT to reimburse the city some portion of the $100,000 it invested in landscaping. Mr. Broyles responded no, explaining the $100,000 was utilized in areas for which the City of Glendale has maintenance and irrigation responsibility. He pointed out 44 percent of the plants in the area for which the city is responsible to maintain are missing. He stated ADOT maintains the irrigation system within their right-of-way. Councilmember Martinez asked if the city asked ADOT to replace the plants they removed to install the cable barrier. Mr. Broyles responded yes, explaining ADOT refused because they felt the landscaping would interfere with their maintenance of the cable barriers. Mr. Broyles confirmed for Mayor Scruggs that 155 of the 179 missing trees were 5 located in an area for which the city is responsible for maintenance. Mayor Scruggs asked what is the city doing about the missing trees. Mr. Reedy said the city will evaluate what happened to the trees then fit the trees into the city's established replacement schedule. Mr. Broyles reiterated that the number of trees lost falls within the tolerances expected for that type and size of project. Councilmember Lieberman asked if the trees are watered with reclaimed water. Mr. Broyles responded no. Mr. Reedy explained, while the city originally intended to use reclaimed water, the city has not yet had excess water during the summer. He said, consequently, well water or potable water has been used. Councilmember Clark asked that the landscaping done along 59th Avenue from Camelback to Grand also be evaluated, noting the trees that died in that area have never been replaced. Mr. Reedy said they continuously evaluate where trees are missing, however, it is a budget issue. Mayor Scruggs summarized, stating the city does not have a claim against ADOT. 2. COUNCIL ITEMS OF SPECIAL INTEREST CITY STAFF PRESENTING THIS ITEM: Mr. Randy Henderlite, Police Chief and Mr. John Krystek, Police Commander. This is the quarterly opportunity for City Councilmembers to identify topics of interest they would like the City Manager to research and assess for placement on a future workshop agenda. In the fall of 2002, the Council approved a procedural guideline allowing for topics of special interest to be identified quarterly. The initial assessment of each item requires staff time. The recommendation was to identify items of special interest that the Council wants the City Manager to assess. In response to Mayor Scruggs' question, Ms. Gorham explained staff will come back next quarter to discuss any topics they identify. Councilmember Goulet asked staff to look at the issue of cars parking near corners, explaining they create visibility issues. Chief Henderlite pointed out state law sets the number of feet cars are allowed to park prior to an intersection. Councilmember Goulet suggested the city mark the areas with signs or paint markings. Councilmember Lieberman referred to a letter he wrote to staff asking for updates on several items, including: 1) the automobile dealer at 83` Avenue and the Loop 101 who also bought 19hacres on Bell Road; 2) the Police and Fire training facility; 3) the city's property on 99 Avenue; 4) the status of automotive row; 5) the Center City plan; and 6) construction on Grand Avenue. He asked that the information he requested be provided to him as soon as possible. Mayor Scruggs noted the Council previously discussed the status of automotive row 6 and the Center City plan and what information can be made available to the general public. Councilmember Frate asked staff to research where automobiles can and should be allowed to park on properties. Councilmember Clark asked staff to research the feasibility of resurrecting the Property Maintenance Committee for the purpose of looking at the car parking issue. Mayor Scruggs said the committee can regroup at any time. Ms. Kavanaugh said staff is prepared to proceed with the committee now that they have made it through the first quarter of the implementation of property maintenance codes. Mayor Scruggs suggested the Committee also address Councilmember Goulet's concern about cars parked too close to corners. Mayor Scruggs voiced Council's consensus to regroup the Property Maintenance Committee to address parking issues. ADJOURNMENT The meeting was adjourned at 4:25 p.m. 7