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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/7/2010 (5) *PLEASE NOTE: Since the Glendale City Council does not take formal action at the Workshops,Workshop minutes are not approved by the City Council. rITPi III I GLENDr MINUTES OF THE GLENDALE CITY COUNCIL WORKSHOP SESSION Council Chambers—Workshop Room 5850 West Glendale Avenue September 07, 2010 1:30 p.m. PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Steven E. Frate and Councilmembers Joyce V. Clark, David M. Goulet, Yvonne J. Knaack, H. Phillip Lieberman, and Manuel D. Martinez, ALSO PRESENT: Ed Beasley, City Manager; Horatio Skeete, Acting Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk WORKSHOP SESSION 1. COUNCIL ITEMS OF SPECIAL INTEREST This is the quarterly opportunity for City Council to identify topics of interest they would like the City Manager to research and assess for placement on a future workshop agenda. On June 1, 2010, Council asked that staff provide information on several items of special interest. These items of special interest requested by Council will be addressed at today's workshop. Amateur Radio Antennas presented by Jon Froke, Planning Director. Non-Smoking Campus presented by Jon Froke, Planning Director. Local Jobs for Americans Act H.R. 4812 presented by Brent Stoddard, Intergovernmental Programs Director. Federal Communications Commission 700 MHz D-Block Broadband presented by Brent Stoddard, Intergovernmental Programs Director. Text Messaging While Driving presented by Steve Conrad, Police Chief. Use and Sale of Fireworks in Glendale presented by Mark Burdick, Fire Chief and Larry Randall, Assistant Fire Marshal. Glendale Hall of Fame presented by Steven Methvin, Assistant to the Mayor. 1 Staff is available to answer any questions regarding information provided. Staff also requests Council to identify items of interest for follow-up by staff during the next quarter. Amateur Radio Antennas presented by Jon Froke, Planning Director. Mr. Froke stated this Council Item of Special Interest was requested by Vice Mayor Frate at the March 2, 2010 workshop. Additional research was requested at the June 1, 2010 workshop. He noted that amateur radios are often used in times of emergency preparedness when other means of communication are unavailable. However, technology has changed and other systems can now be used such as text messages, e-mail, et cetera. He commented on the regulations currently found in the zoning ordinance regarding amateur radio antennas. Vice Mayor Frate remarked that currently there were no limits on the number of antennas people may have, however, the antenna needs to be behind the front wall of the residence. However, there were some people, who have antennas in their front yards. He asked why those situations haven't been rectified. Mr. Froke explained he was familiar with the location mentioned and will revisit that site with code. Vice Mayor Frate suggested that limits should be placed on the number of antennas a person could have on their residential property. He asked if the antennas required a building permit. Mr. Froke noted residents were required to go through building safety for review of the foundation and for approval. Mayor Scruggs agreed with Vice Mayor Frate. She supported limits on the number of antennas on a residential property. She noted Scottsdale requires a conditional use permit process. Mayor Scruggs said she would like for the Planning Department to explore it. She explained this was about the neighbors living next to these towers and how they have a right to enjoy their property. Mr. Froke stated he will look into this item again with the city attorney and come back to Council with an update. Mayor Scruggs asked if there was any other support for this item. Councilmember Clark remarked that she does not support any additional regulations. She stated "ham" radio operators have been around for a long time and have performed public service in addition to other social functions. She noted the FCC had rejected requests to establish standards for "reasonable accommodation" and "minimum practicable regulations" on several occasions. Additionally, the FCC stated that amateur radio antenna regulation must be reviewed on a case-by-case basis. Councilmember Lieberman agreed with Councilmember Clark. He stated he does not believe the Council should regulate what is really a federal requirement. He explained the many different radio frequencies people use. Councilmember Martinez asked if the modification was only for four antennas or more. He also inquired if it was known how many residents actually have towers on their property. Mr. Froke explained the city did not have a database on the amount of antennas on any given property; however, the property in question had three antennas. Councilmember Martinez asked if it was known when they last had a request for a permit. Mr. Froke noted he was unsure; however, believes it might have been in the last 12 to 18 months. 2 Vice Mayor Frate reiterated his concern on the amount of antennas one should have on a residential property. He believes it to be a bit overbearing for any neighborhood. He explained he was not against amateur operators but is simply thinking of the neighbors. He indicated that requesting a conditional use permit at least provided input from neighbors. Mayor Scruggs asked for clarification on the height of the towers. Mr. Froke explained they vary in height but the maximum in Glendale is 75 feet and the base was 12 to 18 inches. Councilmember Lieberman explained how the antennas work and the differences in antennas. Councilmember Knaack stated she was not against amateur radio; however, if she was the neighbor beside a house with four or five towers, she would not like it very much. She supports requiring a conditional use permit on a case-by-case basis. Councilmember Martinez agreed to also support it. Councilmember Goulet asked if these types of applications were automatically excluded by HOAs or CC&R's. Mr. Froke stated that in their evaluations, HOAs do not get involved in this type of review. Councilmember Goulet stated his support of a case-by-case conditional use permit. Mayor Scruggs indicated that the direction from the majority of the Council is for the planning department to work with legal to analyze a conditional use permit process as part of the zoning ordinance review update. Mr. Froke agreed. Non-Smoking Campus presented by Jon Froke, Planning Director. Mr. Froke stated this item is in response to a Council Item of Special Interest requested by Mayor Scruggs at the June 1, 2010 workshop. Mr. Froke said Arizona Revised Statutes states that any owner may declare an establishment a non-smoking business. However, this statute does not require the employer to provide a smoking area. He was aware of two large employment campuses at which this had recently occurred. The Planning Commission is in the process of reviewing the zoning ordinance update, which does not address smoking regulations. Subject to Council direction, potential criteria regarding smoking regulations could be considered as part of the zoning ordinance update. Mayor Scruggs explained how by introducing this item, she was merely searching for equity for the employee smokers and affected adjacent neighborhoods. She noted two large employment campuses in Glendale have become non-smoking. These campuses do not allow their employees to smoke outside their businesses, and as a result, the employees were pushed into neighboring residential areas. Consequently, smokers are congregating in the neighborhoods surrounding these employment campuses leaving ashes and cigarette trash on other people's property. She believes nearby residents' rights to enjoy their property were being severely diminished. She asked Mr. Froke if a municipality was legally banned from enforcing requirements to address this problem. Mr. Froke explained they would have to check with the legal department. Councilmember Martinez asked who was complaining about this situation. Mr. Froke responded there have been incidents with large groups of employee smokers congregating in the 3 neighborhoods surrounding the 55th Avenue and Bell Road campus. The other neighborhood affected by a large non-smoking campus is near 55th and Esquire. He indicated they have received two to three complaints from both neighborhoods of people standing around and trash being left behind. Mayor Scruggs commented about how times have changed regarding smoking and that the current zoning code does not reflect the changes. She commented people now recognize the health dangers of smoking and there has been a reduction in smoking nationally. She indicated this was a good time to evaluate this issue when the zoning ordinance was being updated as these up-dates are not done frequently. Councilmember Goulet voiced his concerns about getting involved in business decisions when unsure of the result or potential underlining business issues involved in the decisions. If businesses designate smoking areas that's fine, however, he didn't want the city to become involved. He indicated that possibly in the future, businesses will look to the city to help fix every problem. He believes the private sector should be able to determine their own decisions for their businesses. Councilmember Martinez agreed with the points Councilmember Goulet made. He believes the city restricting smoking in neighborhoods would be a little over reaching and puts the smokers in more of a bind. He possibly supports businesses having a designated smoking area for their employees instead of restricting them from smoking outside. Mayor Scruggs clarified she was in support of large employment campuses providing designate smoking areas for their employees. She wanted equity for the smokers and the neighborhoods. Councilmember Martinez said he could support this. Councilmember Knaack remarked that each campus should make their own decisions to have designated smoking areas. She is dismayed that it has not happened; however, believes it should not be up to the city. She noted she was a small business owner and would not appreciate the city requiring her to have a designated smoking area. She encouraged businesses to be better neighbors. Councilmember Clark stated her concerns center on who accepts the cost of providing smoking areas. She was willing to mandate large employers create areas for smokers. She agrees with Councilmember Knaack's assessment of each business taking the initiative to provide for their employees. She reiterated her stand on the city not picking up the cost for providing smoking areas. These large campuses need to make accommodations for their smoking employees. Vice Mayor Frate remarked the businesses in question are in the Saguaro District. He explained everyone's sensitivity to this problem. He stated this problem was something that needed to be addressed and talked about. He noted the large business campuses are increasing and projected such campuses being constructed side by side along major routes such as Hwy. 101. He felt it was irresponsible of these businesses not to address the problem. He noted Mesa already requires such businesses provide outside smoking areas. Mayor Scruggs remarked that ordinarily she would agree that the city shouldn't be involved in business issues; however, staff has had repeated face-to-face meetings with these businesses over 4 several months. The businesses' blatantly refused to address the problem. She now felt a next step was warranted. Councilmember Clark noted if the new zoning ordinance contained a requirement to provide a smoking area for employees, it would be effective only for new development so would not solve the existing problem. Mr. Froke agreed it would be a non-conforming use. Mayor Scruggs asked if the City Council would like to move forward with addressing these issues as we are up-dating the zoning code. Mayor Scruggs suggested requirements for providing employee smoking accommodations be limited to large business campuses since the problem seems to occur there. The majority of City Councilmembers voiced agreement. Councilmember Clark remarked she would not limit this by the size of the campus since now buildings are being built upward. She suggested rather than size, they look at the number of employees. Mr. Froke agreed and stated they will include employee numbers as part of their research. Local Jobs for Americans Act H.R. 4812 presented by Brent Stoddard, Intergovernmental Programs Director. Mr. Stoddard stated that at the June 1, 2010 workshop, Councilmember Clark asked staff to prepare a resolution in support of H.R. 4812 titled the Local Jobs for America Act. The federal bill would direct $100 billion in funding to states, local governments, and community based organizations to save and create local jobs. Glendale would receive a direct allotment through the CDBG distribution model of$56.7 million. The bill currently has 163 sponsors including Congressman Pastor and Grijalva from Arizona. A memo provided to the Council provides an overview of the bill and the draft resolution attached is for council consideration. Councilmember Clark remarked that she was unclear if this bill will ever become law. However, if it does and the city can secure funding to retain jobs, it was a win-win situation for the city. Therefore, she sees no downfall in joining other cities that have already passed this resolution. She suggested Council support this item. Mayor Scruggs asked if the Councilmembers were in support and their responses were to support. Federal Communications Commission 700 MHz D-Block Broadband presented by Mr. Brent Stoddard, Intergovernmental Programs Director. Mr. Stoddard stated that at the June 1, 2010 workshop, Councilmember Clark recommended staff prepare a letter to send to our Federal Delegation. The letter would express the Council's opposition to the FCC's current plan to auction off the 10 mhz known as the "D Block spectrum" to commercial entities rather than dedicate it to public safety which desperately needs it. Public Safety currently has only 10 mhz. Public safety needs a full 20 mhz of the 700 mhz spectrum to build a robust nationwide broadband network. There is an additional 10 mhz of the spectrum that sits immediately next door to the 10 that public safety already occupies. This additional 10 mhz is known as the "D block". 5 Mr. Stoddard said since Councilmember Clark's earlier request, several bipartisan bills have come forward from Congressman Peter King, Senators John McCain and Joe Lieberman as well as Senator Rockefeller in opposition to the current plan and supporting public safety usage. Mr. Stoddard noted that staff has provided Council with a memo detailing the importance of the "D Block" and provided a draft letter for the Council's consideration. Councilmember Clark stated this was a win-win situation and stands an excellent chance of making it through congress. She remarked she had contacted the National League of Cities and Town's liaison and was forwarded a draft resolution which she has distributed to Council. She asked that they consider passing a resolution to support this item. Vice Mayor Frate stated his support and was glad it had bipartisan support to actually pass. However, it was always good to let the elected officials in Washington know the city also supports it. Mayor Scruggs stated her support and asked they go a little further. She suggested their Washington lobbyist become more engaged and Council let them know the importance and the significance this issue has to the City of Glendale. Mr. Stoddard agreed. Councilmember Lieberman suggested this item be placed in the book the city presents in March to the legislators. Mr. Stoddard agreed; however, noted this issue might be resolved by March. Text Messaging While Driving presented by Steve Conrad, Police Chief. Chief Conrad stated this issue was previously discussed at the January 20, 2009, November 17, 2009 and June 1, 2010 Workshops. He said State Legislature did not pass any legislation on this issue during their last session. To date, in Arizona, only Phoenix has adopted a texting ordinance. His recommendation is to continue to work toward a statewide legislative solution which would provide uniform statewide regulation and enforcement standards. However, if Council chooses to adopt a local code provision, he has provided several models for Council's consideration. Councilmember Goulet explained he does not disagree that there should be a statewide ban; however, believes the legislature will be slow to pass one, if at all. He supports the city having a texting ordinance on the books to send a message to other cities and the legislature on the serious consequences to texting. Councilmember Clark stated her agreement to Councilmember Goulet's comments and added that text messaging was a very dangerous practice while driving. She believes it should be banned and was tired of waiting for the legislators to do what they needed to do. Councilmember Knaack stated she was not just for a text messaging ban. She noted if they were to put a ban in place, it should be for distracted driving. She agreed with Chief Conrad that the state should be the one to pass it so it could be statewide. Councilmember Martinez asked Chief Conrad to clarify Phoenix's texting ordinance and how it applies to Glendale. Chief Conrad explained that 30 states have passed some sort of legislation that deals with texting or cell phone use. He noted the only city that has dealt with texting was 6 Phoenix in Arizona. He indicated that his thoughts were if Council decides to enact an ordinance, it should mirror Phoenix since we share a close border. He reviewed other ordinances offered on distracted driving as options. Councilmember Martinez asked which he favored. Chief Conrad stated he preferred the statewide solution to avoid any confusion. Mayor Scruggs asked if in the Phoenix ordinance, a driver can be cited for texting even if no accident has occurred. Chief Conrad replied yes. Mayor Scruggs asked if the same applied to the distracted driving ordinance. Chief Conrad replied that in both ordinances, the driver can be cited for their behavior with or without an accident. The biggest difference between the two ordinances in terms of how they would be enforced is the Phoenix ordinance would allow an officer to stop and cite a motorist who he or she sees texting while driving. This type of a law is referred to as a "primary" offense. This means the officer may take action when he or she sees the behavior. The ordinance modeled after the Maine law is considered a "secondary" offense. This means that an officer would have to see some other traffic violation, such as weaving on the road. If the officer discovers that the reason for the weaving, which would be considered reckless driving, was actually caused by some form of distracted driving, the officer could cite the person for both reckless driving and distracted driving Mayor Scruggs asked what Phoenix's penalty fines were. Chief Conrad stated the fines were $100.00 without an accident and $250.00 with an accident. He reviewed the ordinance on distracted drivers which was modeled after a state law in Maine. He clarified that in the Phoenix ordinance, a motorist can be cited for just texting because texting while driving would be a "primary" violation. However, in the Maine ordinance, a motorist has to commit some other traffic violation then the driver can also be cited for distracted driving if it appears that was what caused the first violation that the officer observed. Councilmembers Martinez and Clark stated they will support the ban on texting only ordinance. Vice Mayor Frate stated his agreement. Mayor Scruggs asked if the majority of the Council supported a ban on texting similar to the Phoenix model. The majority of Councilmembers voiced support. Use and Sale of Fireworks in Glendale presented by Mark Burdick, Fire Chief, and Larry Randall, Assistant Fire Marshal. Chief Burdick stated that in response to Council Item of Special Interest requested by Councilmember Martinez on the June 1, 2010 workshop, staff has researched the new Arizona fireworks law. He indicated that effective December 1, 2010, HB 2246 authorizes the sale of certain kinds of consumer fireworks in the state. The law defines these fireworks into two categories: permissible consumer fireworks and display fireworks. He explained the bill could stand a few re-writes and will likely require further amendments. He noted it was important to remember this law is somewhat contradictory and while it provides for local prohibitions, it does not currently allow local jurisdictions to prohibit the sale of permissible consumer fireworks. Because of the law's ambiguity, staff can't recommended that the city take any enforceable action until this law is amended, aside from the enforcement of the current zoning regulation and possibly adopting date and time requirements. 7 Vice Mayor Frate asked for Chief Burdick to clarify where fireworks could be sold. Chief Burdick explained the area to sell fireworks would depend on zoning. He asked Mr. Froke to further explain the zoning aspect. Mr. Froke stated that small and handheld fireworks could be sold in a commercial zoning district such as Target or Wal-Mart. Vice Mayor Frate asked if the fire department was able to police a large section of fireworks in a store because of the perceived danger. Chief Burdick indicated there were existing city fire codes that preclude and limit the amount of inventory in stores. Mayor Scruggs commented that this bill will still go into effect; however, at some point be amended. Chief Burdick replied yes. Mayor Scruggs asked if this bill will supersede Glendale's code of no fireworks in city parks. She inquired if someone can shoot off these permissible consumer fireworks in a Glendale park as things stand now. Chief Burdick referred the question to the city attorney since his interpretation was that this law supersedes Glendale's ordinance. Mayor Scruggs suggested expanding the code prohibiting fireworks that are not permissible consumer fireworks to all public facilities in Glendale. Mr. Craig Tindall, City Attorney, agreed to look into amending the current ordinance. Councilmember Martinez expressed his dismay on the ambiguities in the HB that was passed. He agrees that the city should at least limit use and address the issues the city has control over since fireworks can be dangerous. Councilmember Knaack remarked she was amazed this bill passed after reading it. She inquired if it was possible to restrict the use in Glendale. Chief Burdick explained that the way the bill was written, they could not. Councilmember Knaack asked if the city were to pick certain days, would that allow them to exclude others. Mr. Tindall asked Mr. Russ Romney, Deputy City Attorney, to clarify. Mr. Romney explained that because of the way the law was written, the city can protect its own property. In addition, there were instances where fireworks can be banned if they pose a threat to the area. He suggested the city was better off regulating the times and places where fireworks can be used. He noted it was the best way to balance the competing interests in the bill. He remarked only those 16 years or older can purchase fireworks. Mayor Scruggs asked if the city code could be enforced since the city was protecting their city parks. Mr. Romney replied yes; on city-owned property; however, there were no restrictions on private property. Councilmember Clark agreed with Mayor Scruggs' idea of banning non-permissible firework use at all public facilities and rights of way. She noted the ban was simply liability protection for city-owned facilities and property. She added as far as picking dates and times, she would like to wait until this bill was cleaned up at bit. Mr. Romney noted that the display-type fireworks ban still remains in place and this legislation does not apply to them. Mayor Scruggs stated there was consensus from the Council to have restrictions in place before December 1, 2010 prohibiting permissible consumer fireworks on all city-owned property. Glendale Hall of Fame presented by Steven Methvin, Assistant to the Mayor. Mr. Methvin stated that at the September 15, 2009 workshop, Councilmember Goulet requested an item to create a Glendale Hall of Fame. At the June 1, 2010 workshop, Councilmember 8 Goulet reintroduced the topic of the Hall of Fame to recognized individuals, businesses and organizations that have contributed significantly to the development of Glendale. Councilmember Goulet reiterated his stand on recognizing individuals who contributed to the betterment of the city. He remarked it was interesting that historically, Halls of Fame have been located within buildings. However, several 21St century endeavors have gone virtual, reducing administrative and operational expense. He suggested they bring this forward for community input as to whether they think it was a viable means of recognizing some businesses and individuals. He noted this was also a good way of introducing the rich history Glendale has to offer to the public. Councilmember Martinez remarked he still believes this will eventually become something political and would undermine the intended purposes. He questions why they really need something like this when there were plenty of historical books recognizing individuals going back to when the city was first incorporated. He also had concerns with the expense of the program. Councilmember Clark stated she would not support it. Vice Mayor Frate asked Mr. Methvin if staff had researched the cost and implementation. He noted that more information was needed for him to make an informed decision. Mayor Scruggs remarked that council consensus would be needed before conducting that level of detail. Mr. Methvin explained that communities approach Halls of Fame differently; some have books, some buildings, while others go virtual. Vice Mayor Frate remarked that with the information he has now, he was satisfied with having the existing city history book and would not support the Hall of Fame. Councilmember Lieberman explained that many communities already present awards to members of the community. He remarked the community already has many ways to recognize individuals and businesses, etc. and he was not in favor of having another one. Councilmember Martinez agreed that there were already many ways people in the community were recognized, such as proclamations during Council meetings. Mayor Scruggs said this was a noble endeavor; however, now was not a good time to have staff work on this since they were already a bit over worked and funds were a concern. Mayor Scruggs said based on Council comment there was not enough support to move forward on this item. Mayor Scruggs called for new items of Special Interest. Councilmember Clark asked to explore the idea of recycling old city trash cans for compost use. She explained Phoenix was now recycling old trash cans, cutting them in half, adding holes at the bottom and selling them to residents for $5.00. She noted this was a very simple green idea. 9 Councilmember Lieberman asked staff to revisit having annual dinners with officials from Luke Air Force and other cities as once was done. This ensures easy communication flow and idea gathering. Mayor Scruggs stated concerns about the expense and who would pay for it. Councilmember Lieberman suggested people can come up with a compromise since it was a great idea. He would like staff to find the best way to facilitate the meetings as well as locate funding sources. Councilmember Knaack asked staff to identify the means in which they can begin having the 4th of July fireworks display show in Glendale once again. She would like marketing to start looking for sponsors, as well as other funding sources. She indicated the city still receives adverse reactions from the community because the city does not have a 4th of July event. Councilmember Lieberman commented that funds were always available in the community for a worthy cause. He noted the Veteran's Collision Program has collected over $10,300 dollars for the Veteran program being held November 6,2010 at Westgate. As no further business was introduced, Mayor Scruggs adjourned the meeting. ADJOURNMENT The meeting was adjourned at 3:35 p.m. 10