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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/27/2018 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 I A Meeting Minutes Tuesday, November 27, 2018 12:30 P.M. Workshop Meeting Council Chambers ON Council Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aidama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:32 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Tom Duensing, Assistant City Manager Chris Anaradian, Assistant City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk WORKSHOP SESSION 1. LOBBYING ORDINANCE - CIOSI Presented by: Michael D. Bailey, City Attorney Ms. Bower read the item by title. Councilmember Clark said the proposed ordinance was designed to prevent special interests from controlling the political process, ensure ethical behavior of government and elected officials and enhance the public's confidence in the government. It did not prevent lobbyists from appropriately communicating with Council on proposed legislation. It did restrict lobbyists from providing tickets to Council and its staff for sporting events or paying for meals and entertainment. The ordinance would require the registration of lobbyists. Councilmember Turner said most of the ordinance was related to the reporting of expenses and the prohibition of accepting gifts rather than toward the transparency of who was interacting with Council on the issues. There was already a policy prohibiting Council from accepting things that were not offered to the general public. He did not see anything in the proposed ordinance that required disclosure of who was lobbying Council on a specific issue. Councilmember Clark said the required quarterly reports would indicate the lobbying activity through the reporting of contributions and expenditures. Councilmember Aldama had asked previously that the ordinance require the disclosure of who exactly the lobbyist was lobbying and on what issue. He did not see that specific requirement in the proposed ordinance. Vice Mayor Tolmachoff said contributions were required to be reported on campaign finance reports. Those reports were posted online. She said the City was trying to move toward a more business -friendly environment. Requiring people to do more work in reporting did not create a very business -friendly environment. Councilmember Malnar said it seemed onerous to require reporting every time a lobbyist talked to City Council Meeting Minutes - November 27, 2018 Page 2 of 9 or met with a member of Council. He asked if there were any other cities that required that type of reporting. Mr. Bailey was unaware of any other legislation that had that type of disclosure requirement. If it was in a member's calendar, it was a public record and would be subject to disclosure in the event of a public records request. Councilmember Malnar did not think it was a direction Council should go. Mayor Weiers said there were state reporting requirements and Council was already required to report gifts. He was not sure what problem was trying to be solved because there were existing laws that covered the issues identified in the proposed ordinance. He said lobbyists provided information on both sides of an issue and he appreciated that. Councilmember Clark said the ordinance was a first step toward becoming more proactive. It was similar to what the City of Phoenix had adopted. She was only asking that Council take the first step in becoming more transparent. Vice Mayor Tolmachoff asked if the proposed ordinance was the first step, would there be more requirements in the future. Councilmember Clark clarified that what was meant by "first step" was that Council take a step toward creating transparency that it valued and so often touted. Councilmember Aldama wanted information on the City of Phoenix's ordinance. Mr. Bailey said the proposed ordinance was closely modeled after Phoenix's ordinance. Councilmember Clark said the only difference between the two was the amount of penalties imposed. Councilmember Turner said if the proposed ordinance was modeled after Phoenix, then it also closely mirrored state law, which he had helped draft 15 or 20 years ago. His question was, what problem was attempting to be solved. Contributions were currently disclosed on campaign finance reports and existing Council policy prohibited members from accepting gifts that were not available to the public. It came down to the contact between lobbyists and Council. A lot of that could be handled by a sign -in sheet for Council offices. Mayor Weiers said Councilmembers' calendars were doing basically the same thing as a sign -in sheet and were public records. Councilmember Aldama asked if lobbyists were currently required to register with the City. Mr. Bailey said there was currently no City registration requirement for lobbyists. Councilmember Aldama could support a registration requirement although he did not see a current issue with lobbyists. Vice Mayor Tolmachoff said the proposed ordinance was cumbersome. Paid lobbyists were already required to register with the state. She did not support making people jump through hoops to get business done in the City. Councilmember Malnar asked if the proposed ordinance required a lobbyist to report every contact that was made with a member of Council. City Council Meeting Minutes - November 27, 2018 Page 3 of 9 Mr. Bailey said the individual would need to register and would have to file a no expenditure report if it was only a meeting and no expenditure was made by the lobbyist. Councilmember Malnar supported City registration and filing a report only if there was an expenditure when contacting a Councilmember. He thought it was important for Council to hear all points of view. Councilmember Hugh said his calendar included all of his meetings and events that he attended. His calendar was a public record. He thought it would be burdensome if a lobbyist had to report every contact, whether it was in person, via phone, etc. Councilmember Clark said it was not her intention to have a lobbyist report every interaction with members of Council. She asked what the problem was with a database showing every lobbyist registered in the City and the expenditures made regarding City issues that the public could access online. She felt the state registration database might be too complicated for residents to use. Mayor Weiers asked if Councilmember Clark would support a consensus for registration and a sign -in sheet. Councilmember Clark asked if periodic reporting could be included. Vice Mayor Tolmachoff would not support the reporting requirement because Council was already required to report. She would support registration and a sign -in sheet for everyone visiting Council offices, not just lobbyists. Councilmember Aldama supported registration and a sign -in sheet. Councilmember Malnar asked what happened if the meeting occurred outside of City Hall. Mayor Weiers said his calendar included every scheduled meeting he had. He asked what happened if there was a chance encounter with a lobbyist. Councilmember Malnar asked if reporting was on the table along with registration and a sign -in sheet. Mayor Weiers said reporting was off the table. He recommended that the sign -in sheet was for all Councilmembers and everyone who visited, lobbyist or not, was required to sign -in. Councilmember Aldama asked what would be done with the sign -in sheets. Mayor Weiers said the sheets would be retained by the City Clerk. Vice Mayor Tolmachoff asked what the process would be for informing lobbyists of the registration requirement because there were penalties for not registering. Mayor Weiers suggested the ordinance have an effective date of July 1, 2019. It would give the City time to inform lobbyists of the requirement. Mr. Bailey said the challenge was when there was a registration requirement and someone failed to register did Council want a punitive element or just a notice. Mayor Weiers wanted to see a brief grace period that would allow a notice for failure to register instead of a penalty. He asked if the state required annual registration. City Council Meeting Minutes - November 27, 2018 Page 4 of 9 Brent Stoddard, Public Affairs Director, said the state required annual registration along with quarterly reports of expenditures. There was an annual registration fee. Mayor Weiers asked if the City Clerk's Office would have difficulty accommodating the oversight of lobbyist registration. Ms. Bower said it should not be a problem and that it could be an online registration. Mayor Weiers did not think a registration fee was necessary. Councilmember Turner asked how the public would get access to Council calendars. Ms. Bower said a public records request would be required. Mayor Weiers said there was consensus to proceed with registration and a sign -in sheet. 2. GLENDALE MUNICIPAL GOLF COURSES - GLEN LAKES Presented by: Tom Duensing, Assistant City Manager Jim Burke, Director, Public Facilities, Recreation and Special Events Michelle Woytenko, Director, Field Operations Ms. Bower read the item by title. Mr. Burke said the management agreement for the golf course terminated on June 30, 2019. If a decision was made to sell the property, a required 90 -day notice would be provided to the operator, Golf Management Solutions (GMS). Ms. Woytenko said some of the capital investment needs costs had been revised. The pro shop and clubhouse costs were $2,175,000 to $2,975,000 and had been revised to $1,525,000 for a basic pro shop and clubhouse. The course restroom was $150,000 - $210,000 for replacement and was revised to $25,000 for repairs instead of replacement. Ms. Woytenko was not comfortable with the $1.5 million estimate for the pro shop and clubhouse. She felt it was low and said if Council moved forward, it might need to be increased depending on construction requirements. Mr. Duensing said the total for capital investment needs was now $3,816,781 with an annual debt service of $274,664. The revised revenue for FY18-19 was projected to be $260,191. The annual expenses, excluding management fees, water and maintenance costs, were $443,306 for a revised projected loss to the City of $183,115. He said the 90 -day loss estimate, December through February, was $97,587 if the course was reopened and $102,787 if the course remained closed. Vice Mayor Tolmachoff was confused with the 90 -day notice and recalled an option for the City to maintain the grounds if notice was given. Mr. Duensing said if direction was given, staff would determine the least costly option to maintain the grounds. Mr. Duensing provided revised estimates to keep Glen Lakes operational as a golf course from FY18-19 to FY21-22 forward. In the years after FY18-19, capital costs would be added to operating costs and totaled $665,829 per year. There would be an effort to increase play an additional 38,000 rounds. At $20 per round, an additional $760,000 of revenue would be generated. It was estimated that an additional 33,000 rounds would be necessary for the course to be self-supporting. City Council Meeting Minutes - November 27, 2018 Page 5 of 9 Vice Mayor Tolmachoff asked if there had been discussions about what it would take and the costs to bring golfers back to Glen Lakes. Mr. Burke said there had been general discussions and there was concern. There had been no discussions regarding outreach or marketing. Councilmember Turner said re -opening the course, with the potential increase in revenue, would alleviate some of the costs. He favored re -opening the course during the 90 -day period. If the property was developed, there would be increased service costs and costs to manage stormwater. Water was designed to flood into the lakes. He wanted the pro shop expense to be researched further to find a more cost-effective way to provide service. Councilmember Clark asked what the maintenance costs were for the next 90 days. Mr. Duensing said the cost was $30,111 without golf play. Councilmember Clark said with or without play, the City had to keep grounds green. She asked what the cost for the pro shop would be for three months. Mr. Duensing said the cost would be $12,850. Water was an additional $3,000 for the three-month period. There was also the $18,000 management fee and $42,000 to make the electrical operable for the irrigation system. The maintenance equipment was $11,250 for 3 months. Councilmember Clark estimated that if the property was maintained as a green space, maintenance costs were approximately $34,000 for 3 months. If the property was re -opened as a golf course, the cost would be approximately $118,000. She asked if the estimates were correct. Mr. Phelps said the estimate was $97,587 with golf and $102,787 without golf over the 90 -day period. Vice Mayor Tolmachoff asked why there was a difference in maintenance fees. GMS was still receiving its management fees. Mr. Phelps said the $102,000 cost included staff to continue maintenance as a golf course. The $17,680 was a capital cost for a work area and shade structure. Vice Mayor Tolmachoff asked if the City Engineer was aware of any flooding issues. David Beard, City Engineer, was only aware of a complaint about flooding along 55th Avenue approximately two years ago. Modifications were made at 55th Avenue and Royal Palm. Vice Mayor Tolmachoff asked if the lakes were part of the City's potable water system. She supported maintaining the lakes no matter the outcome of the property. Mr. Burke said the lakes had Salt River Project (SRP) water. The water was not potable but was not effluent water. Councilmember Turner wanted to keep Glen Lakes as either a golf course or potential open space. He asked if revenues were higher than projected, would the debt service payment decrease. Mr. Duensing said the debt service would not change. It was the annual subsidy amount that would decrease. City Council Meeting Minutes - November 27, 2018 Page 6 of 9 Councilmember Aldama supported keeping the course open for 90 days with golf. He asked for clarification on how the 90 -day timeline was developed and what was its purpose. Mr. Phelps said the timeframe came from the previous workshop where Council gave direction to develop a 90 -day plan. It could take up to a year to scope a development project of that size and to determine the best options. Mayor Weiers said the City was required to give the operator a 90 -day notice to cancel the contract. Councilmember Malnar asked if the direction was to keep the area as open space, how would it be addressed. Mr. Phelps said the City could create a specific development agreement that included open space. Councilmember Malnar was concerned about keeping the course open because it required an ongoing subsidy. Based on the information, he supported keeping Glen Lakes open for the next 90 days and engaging with the community on how to move forward. Councilmember Hugh asked how much it cost to play a round of golf Mr. Duensing said it was approximately $17 per round. The subsidy for each round was approximately $18 to $20. Councilmember Hugh was in favor of developing a new plan for the property. He did not object to keeping it open for 90 days. Mr. Phelps recommended that a resolution be brought back at the next meeting in December, authorizing the City Manager to begin the process of selling the property. Vice Mayor Tolmachoff had conducted an online survey and a majority of respondents agreed with the closure of Glen Lakes. She favored keeping the development an open process with community input. Councilmember Aldama was not in favor of permanently closing Glen Lakes. Councilmember Turner said there was a need for open space and amenities for the community to use. He supported keeping the course open beyond the 90 days. Mayor Weiers requested that a requirement be added to the purchasing agreement that the large trees on the property remain. There was a need to protect the residents of the area and mitigate possible flooding. He supported permanently closing the course but keeping it open for the next 90 days, with play. Council consensus was to proceed with the permanent closure of the course but to re -open it for 90 days during the notice period to the operator. 3. ADOPTION OF 2018 FIRE CODE AND AMENDMENTS Presented by: Terry Garrison, Fire Chief Chuck Jenkins, Fire Marshal Ms. Bower read the item by title. Mr. Jenkins said when the item was presented at the March 27, 2018 workshop, staff was directed to present the Code adoption package to the Business Council Committee. The City Council Meeting Minutes - November 27, 2018 Page 7 of 9 Committee reviewed the package on October 18th, provided recommendations and recommended approval. Staff was seeking Council consensus to proceed with Council adoption of the 2018 Fire Code and amendments at a voting meeting. There was Council consensus to proceed. CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Clark asked staff to provide information on the City of Scottsdale's ordinance regarding motorized skateboards and similar modes of transportation. Councilmember Clark requested staff provide information on the possibility of moving Fire Department personnel from the Sine building to the Glendale Regional Public Safety Training Center (GRPSTC) and the Prosecutor's Office from its present location to the Sine building. Mayor Weiers added to Councilmember Clark's request for staff to research the rental scooters that were available for use and possible permits and rental tax to the City. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Ray Malnar, seconded by Councilmember Joyce Clark to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed EXECUTIVE SESSION Council entered into executive session at 3:11 p.m. to: • meet with the City Attorney for legal advice, discussion and consultation regarding the City's position in pending or contemplated litigation, including settlement discussions conducted in order to avoid or resolve litigation (A.R.S. § 38-431.03(A)(3)(4)) • consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with a purchase agreement with SRK Development (A.R.S. §§ 38-431.03 (A)(3)(4)(7)) • receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with a contract relating to property in the area of 91st Avenue and Orangewood Avenue. (A.R.S. §§ 38-431.03 (A)(3)(4)(7)) City Council Meeting Minutes - November 27, 2018 Page 8 of 9 A motion was made by Councilmember Ray Malnar, seconded by Councilmember Ian Hugh to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Lauren Tolmachoff Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Bart Turner Passed Mayor Weiers adjourned the executive session at 4:02 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:02 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 27th day of November, 2018. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of December, 2018. Jule . Bower, MMC, City Clerk City Council Meeting Minutes - November 27, 2018 Page 9 of 9