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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/25/2018 City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 r rt� i Meeting Minutes Tuesday, September 25, 2018 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner CALL TO ORDER Vice Mayor Tolmachoff called the meeting to order at 12:31 p.m. ROLL CALL Present: Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Absent: Mayor Jerry Weiers Also Present: Kevin Phelps, City Manager Tom Duensing, Assistant City Manager Jack Friedline, Assistant City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk WORKSHOP SESSION 1. COUNCIL ITEM OF SPECIAL INTEREST REGARDING THE CREATION OF A TEMPORARY COMMITTEE FOR THE EXCLUSIVE PURPOSE OF REVIEWING CITY CODE CHAPTER 25 NUISANCES, CHAPTER 29.1 RESIDENTIAL RENTAL AND THE ZONING ORDINANCE SECTION(S) RELATED TO RESIDENTIAL PARKING Presented by: Sam McAllen, Development Services Director Tim Boling, Code Official Ms. Bower read the item by title. Mr. McAllen said staff was seeking guidance on how to proceed with a purposed revision to a special interest item, requested by Councilmember Malnar. It was a request to consider creating a temporary Council committee to review Chapter 25—Nuisance and Chapter 29.1 - Residential Rental Property of the City Code and sections related to residential parking. It was anticipated the committee would be in place for one to two years, with a structure similar to the Business Committee. The committee's goal would be to evaluate and improve the Code and provide enforcement tools. Councilmember Malnar recommended changes to the scope by adding additional members to the committee. He would like the process for appointment to be similar to the normal board and commission recruitment process. Councilmember Clark supported the formation of a new committee. She had concerns with the scope language and would like the word "exclusive" removed to broaden the scope of discussions. She supported the other recommendations brought forward by Councilmember Malnar. Councilmember Aldama asked if front yard parking was a priority for the Council to discuss. Councilmember Malnar said his intention was for Council to provide direction and to make issues that were a concern a priority for the committee to discuss. City Council Meeting Minutes-September 25,2018 Page 2 of 6 Councilmember Aldama wanted front yard parking to be made a priority. Councilmember Turner asked if Council suggested items to be considered a top priority, could it be brought up at any time. Councilmember Malnar said the committee should be open to suggestions from Council or staff. Items for consideration should be brought up during a Council meeting or directly at a committee meeting by a Councilmember. Councilmember Turner appreciated the clarification. He asked if the police representative on the committee had to be a sworn officer or just a representative from the Police Department recommended by the Police Chief. Councilmember Malnar supported leaving it to the discretion of the Police Chief. Councilmember Turner supported the formation of the committee as discussed. Vice Mayor Tolmachoff asked if committee members were able to bring issues forward in addition to the Council. Councilmember Malnar said that would be appropriate. Vice Mayor Tolmachoff clarified whether items for discussion would be restricted to only Chapters 25 and 29.1. Councilmember Malnar recommended the addition of verbiage to the scope language to include other areas of the Code deemed appropriate for discussion. Vice Mayor Tolmachoff agreed that the committee was overdue. She liked the idea of citizens having input. She suggested a constituent survey to find the top three issues to be addressed. There was Council consensus to proceed. Councilmember Malnar asked how soon the item would come back to Council for a vote. Mr. McAllen said staff would work out the timing for approval by Council. He believed the committee would take less time to form than the Business Committee had. Councilmember Aldama asked if Council would be informed of the list of priorities put together by the committee. Mr. McAllen said items would be shared with Council by memo. 2. COUNCIL ITEM OF SPECIAL INTEREST—ZONING ORDINANCE RELATED TO THE DESCRIPTION OF "SCHOOLS" IN TERMS OF DISTANCE REQUIREMENTS ASSOCIATED WITH MEDICAL MARIJUANA LOCATIONS Presented by: Sam McAllen, Development Services Director David Williams,AICP, Planning Administrator Ms. Bower read the item by title. Mr. McAllen said the item was requested by Councilmember Malnar. Staff was seeking Council direction on how to proceed with the definition of schools in the sections of the Zoning Ordinance related to medical marijuana. He said Councilmember Malnar wanted to include preschools, nursery schools, kinder care, pre-kindergartens and day care facilities when applying the distance City Council Meeting Minutes-September 25,2018 Page 3 of 6 requirement for dispensary locations. Councilmember Malnar said the item was brought forward due to a constituent's concern regarding a medical marijuana dispensary being approved across the street from a day care facility. Based on his research, the definition of a "day care"determined the dispensary being allowed there. Councilmember Clark supported the item. She asked if there were any State provisions that would prohibit the Council from moving forward and if there was a State definition of a school. She suggested adding online schools with a physical location. Mr. McAllen said research would be required regarding State restrictions and definitions. The City Code's current definition of schools listed only elementary, secondary and high schools in the distance requirement. Mr. Bailey said generally, Glendale was less restrictive than the State. It would be a challenge to define an online school's physical location. Councilmember Clark said more information was needed before Council could give consensus. Mr. Bailey said there would be more research and staff would bring back options of definitions for the Council to consider. Councilmember Clark was comfortable with moving forward. Councilmember Aldama said State-certified day cares were run from private homes. He asked for that issue be researched as well. He was open to the discussion once the research had been completed and information provided to Council. Councilmember Turner requested the matter move forward with a workshop. There had not been previous trouble with dispensaries and children in day care were supervised by adults versus elementary, secondary and high school students who could travel unsupervised. Most of the attendees of online and trade schools were already of age. Councilmember Malnar said in reference to Councilmember Aldama's question regarding day cares run from private homes, those day cares had restrictions and fit within the guidelines. The State definition of a school had been approved by voters but the definition of a preschool was left out in one section but included in another section. The City could be more restrictive on the definition and regulation. He requested that the matter be discussed at a future workshop and then moved forward for Council action. Councilmember Clark was in support of moving forward with the topic for future discussion. Vice Mayor Tolmachoff asked how would existing day cares within 1,320 feet of a dispensary be handled if the ordinance was changed. Mr. McAllen said that issue would be discussed with the City Attorney's Office. He would bring back the matter for discussion at a workshop. If there was Council direction, he would then move forward with the zoning text amendment. 3. COUNCIL ITEM OF SPECIAL INTEREST PROPERTY MANAGEMENT David D. Burd, P.E., City Enginccr *(Item removed on 9/24/18) City Council Meeting Minutes-September 25,2018 Page 4 of 6 CITY MANAGER'S REPORT No report CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Turner found it discouraging that Council Items of Special Interest were not generally acted upon in a timely manner. Councilmember Clark suggested an amendment to Council's guidelines that would set a time limit. If a time limit already existed in the guidelines, she reminded staff that it should be followed. Councilmember Aldama echoed Councilmember Clark's comments. There was an item he had been waiting for three years to return to Council and he would like to see a standard followed. Vice Mayor Tolmachoff agreed with all of the points made by Councilmembers Turner, Clark and Aldama. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh to hold an executive session. AYE: Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Other: Mayor Jerry Weiers (ABSENT) Passed EXECUTIVE SESSION Council entered into executive session at 1:05 p.m. for discussion/consultation with the City Attorney and the City Manager to receive an update, to consider its position, and to provide instructions/directions regarding Glendale's position in connection with the contract relating to a property in the area of 19805 N 67th Avenue. (A.R.S.Sections 38-431.03(A)(3)(4)(7). A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Lauren Tolmachoff to adjourn the executive session. AYE: Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Other: Mayor Jerry Weiers (ABSENT) City Council Meeting Minutes-September 25,2018 Page 5 of 6 Passed The executive session was adjourned at 1:57 p.m. ADJOURNMENT Vice Mayor Tolmachoff adjourned the meeting at 1:57 p.m. I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Glendale City Council of Glendale,Arizona, held on the 25th day of September, 2018. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of October, 2018. elb lie K. Bower, MMC, City Clerk City Council Meeting Minutes-September 25,2018 Page 6 of 6