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HomeMy WebLinkAboutMinutes - Minutes - Business Council Committee - Meeting Date: 9/20/2018MINUTES BUSINESS COUNCIL COMMITTEE CITY COUNCIL CHAMBERS BUILDING 5850 WEST GLENDALE AVENUE CONFERENCE ROOM 2A GLENDALE ARIZONA 85301 THURSDAY, SEPTEMBER 20, 2018 2:00 PM CALL TO ORDER The meeting was called to order at approximately 2 PM. ROLL CALL Committee members present: Chairperson Councilmember Clark, Vice Chairperson Bart Shea, Vice Mayor Lauren Tolmachoff, John Crow, Councilmember Ray Malnar and Ricardo Toris Committee members absent: Dale Adams, David Coble, and Yvonne Knaack City staff present: Michelle Woytenko (Director of Sanitation), Stephen Dudley (Building Safety Official), Tom Paradise (Building Safety Administrator), and Mark Ptashkin (Senior Commercial Building Inspector). CITIZEN COMMENTS Chairperson Councilmember Clark did not call for citizen comments, so no citizen comments were made. APPROVAL OF THE MINUTES A motion was not made to approve the previous meeting's minutes. REVIEW AND DISCUSSION OF PROPOSE AMENDMENTS TO CHAPTER 18 - GARBAGE AND TRASH Chairperson Councilmember Clark introduced Ms. Woytenko (the Director of Sanitation) and explained that since these amendments need to be discussed with other committees, Chairperson Councilmember Clark found it necessary to begin with hearing from Ms. Woytenko. Ms. Woytenko explained the three changes made, and the first is in section 18-1. The title "Public Works Director" does not exist anymore, so Ms. Woytenko wanted to change it to "City Manager," which could allow the City Manager to delegate the duties to whomever they wish. In all sections of Chapter 18, there will be a change of the word from "sanitation" to "solid waste" to reflect the current business terminology. The final change is in section 18-12; the first change would be clarifying who would be the "persons who own, operate or occupy the resident property." It did not specify that they had to be using Glendale's services, but the change would be made to clarify that these persons need to be using Glendale's services. The second change in this section is adding the "frequency of once a month" in order to have a free once per month allowance for dumping in the landfill. Chairperson Councilmember Clark opened the floor to questions for Ms. Woytenko. Councilmember Tolmachoff asked how these changes are necessary for Chapter 18. Ms. Woytenko reiterated that the title of Public Works Director does not exist anymore, so the change should be made to make it clear who would be responsible to assume the responsibility of Public Works Director in Chapter 18. Councilmember Malnar asked if the City Manager can simply decide who the administrator would be of this chapter, and Ms. Woytenko confirmed this. In regards to the landfill recycling fee, Chair Clark asked for clarification on this amendment. Ms. Woytenko stated that many people take advantage of the fact that the chapter does not specify that it's only "once a month," so adding the limitation will cause people only dump monthly. Mr. Toris asked if this could cause an increase in illegal dumping, and Ms. Woytenko is confident that they will not have any changes in an increase of illegal dumping. Chairperson Councilmember Clark asked for motions for each item. 1. Changing of "Public Works Director" to "City Manager": John Crow made a motion to support this change. Seconded by Mr. Toris. All in favor, none opposed. Motion passed. 2. Changing the term "sanitation" to "solid waste" throughout Chapter 18: Mr. Toris made a motion to support this change, and it was seconded by Vice Mayor Tolmachof£ All in favor, none opposed. Motion passed. 3. Ensuring that persons only go to the landfill once a month. Councilmember Malnar made a motion to support this change. Mr. Toris. All in favor, none opposed. Motion passed. Mr. Crow asked for clarification with what the next step will be with these amendments. Ms. Woytenko stated that now the code changes will need to be approved by Council in a voting session. Mr. Crow brought everyone's attention to a change pending for new and old businesses alike, and one of the major changes relates to sprinkler installations within buildings. The sprinklers are changing the installation code from every 4,000 to every 12,000 square feet. Stephen Dudley addressed this by stating that the International Building Code (IBC) and the International Fire Code have certain codes for commercial and residential structures. The fire code amendments for newly constructed buildings have "zero tolerance" (meaning all structures must have fire sprinklers). After some discussion, Chairperson Councilmember Clark tabled the discussion until the October meeting. REVIEW AND DISCUSSION OF BUILDING CODE AMENDMENTS PAGE 19, SECTION 110.3.12 In the August meeting, there was some discussion regarding this section, but then Mr. Dudley was asked to research the changes proposed; the committee was set to revisit this at the September meeting. After some research, Mr. Dudley clarified at the September meeting that this amendment is meant to clarify the difference between a rough inspection versus a final inspection of electrical, mechanical, and plumbing inspections. The code is not changed, but it rather clarifies what a rough inspection and a final inspection will each entail. Mr. Dudley proposed an adjustment in language by eliminating the verbiage "pending final utility inspection" in item 3. Chairperson Councilmember Clark made a motion to eliminate "but prior to energizing any such circuit or equipment" and in item 3, they would limit "pending final utility inspection." Mr. Toris seconded the motion. All in favor, and none opposed. Amendment passed. PAGE 21-22, SECTION 113 This section deals with the board of appeals. Vice Mayor Tolmachoff suggested that the issue here might be with putting too much authority within one hearing officer. Chairperson Councilmember Clark asked for suggestions on a different way to handle this. Mr. Dudley explained that the hearing officer is not a city employee. After further discussion, Chairperson Councilmember Clark suggested removing some verbiage to clarify the code. Chairperson Councilmember Clark made a suggestion to remove "appointed by the city manager" and replace it with "to be an expedited appeal to the Glendale city court and the hearing officer shall not be employed by the city." Chairperson Councilmember Clark made the motion, and Vice Mayor Tolmachoff seconded. All in favor, and none opposed. Amendment passed. PAGE 25, SECTION 202 Chairperson Councilmember Clark asked for questions regarding this, and Councilmember Malnar explained that the question is if it's becoming more restrictive on existing buildings. Mr. Shea asked if all existing structures (including ones that are sixty years old, for example) have actually been approved. Chairperson Councilmember Clark asked for a change in definition and additional language. Mr. Dudley noted that the reason for the definition and additional language are primarily to address code compliance issues where work has been done without a permit. This work may have been done prior to a current building's owner, but that still means there's a current issue. Mr. Shea stated that if someone comes in to get a permit, then the city has legal access to the property to inspect and possibly reveal any issues. Vice Mayor Tolmachoff asked what the BCC can do to protect potential buyers who might be thrown into a situation where a building isn't up to code. Mr. Shea stated that some research can be done with the city and online to determine if there are any code compliance issues. Oftentimes these requests are easily accessed by realtors through the county recorder office, but many real estate agents do not access this information. After further discussion, Mr. Dudley suggested changing the language in section 116, and if the existing building definition is too restrictive, then they should strike the definitions for "existing buildings and structures." Mr. Shea made a motion to strike the definitions of "existing buildings" and "existing structures." Mr. Crow seconded this. All in favor, and none opposed. The amendment will still exist, but these definitions will be stricken from the amendment. PAGE 26, SECTION 310.3 This section is in relation to residential group homes. This change is in relation to adding "residential condominiums" to the code. Vice Mayor Tolmachoff asked if vacation and timeshare properties were protected under recent state legislation. Mr. Dudley explained that this is still in compliance with the current legislation. The amendment is due to the fact that condominiums were not noted in the original code, thus, it was important to add condominiums. There was no further discussion because everyone present had no objections to the amendment. PAGE 29, SECTION 903.2 This section is in relation to sprinkler systems, which then Mr. Crow reminded the committee that this was already covered; everyone agreed that they'll revisit it in the next meeting. PAGE 30, SECTION 903.1.1.1.1 This section is also in relation to sprinkler systems, and Chairperson Councilmember Clark suggested holding off on this amendment until the next meeting as well. PAGE 32, SECTION 1013.5 This amendment is in regards to internally illuminated exit signs. It was stated that Mr. Adams had a question about this amendment, but he was absent. This amendment eliminates the photoluminescent option for these signs because they do not glow well and they fade quickly. Councilmember Malnar asked if this would be retroactive, and Mr. Dudley explained that all current exit signs would be grandfathered in. There were no further questions in regards to this amendment. PAGE 33, SECTION 1102.1 This amendment is in regards building facilities and design. There is conflict between the city requirements and the federal disability act. Mr. Shea asked who enforces this code. Mr. Dudley stated that the Building Safety Department has this responsibility. Mr. Dudley noted that Al 17.1 is a reference document, so since it's not a code, the city's own verbiage needs to be present in the code. It was suggested to delete the year 2010 and add the "most current edition." Mr. Dudley claimed that this amendment is meant to protect the builder so that they are in compliance on a federal level. Vice Mayor Tolmachoff voiced a concern with the wording, and Mr. Dudley suggested it the verbiage say, "in accordance with this code and the most currently adopted edition..." Mr. Shea believed that this change will make things more confusing, specifically for someone in his position. Mr. Shea stated that any project could be subject to the fair housing act and ADA because it could be interpreted as such (whether it applies or not). Chairperson Councilmember Clark suggested working on the verbiage, and it will be part of the initial discussion at the October meeting. All were in agreement on this suggestion. PAGE 35,1607.01 This amendment is in regards sleeping areas in residences. It was determined that one of the absent committee members pulled this. The question posed by the absent committee member was likely why this is being changed from 30 to 40 pounds per square foot. Mr. Dudley explained that the standard live load per square foot is dictated at 40 pounds per square foot which says that "habitable attics sleeping areas can be designed at a lesser live load at 30." If this amendment were to be removed, Mr. Dudley said that the industry standard would still be followed by everyone. Vice Mayor Tolmachoff made a motion to strike the amendment. Seconded by Mr. Shea All in favor, and none opposed. Amendment removed. PAGE 37, 1704.3 This amendment is in regards to the statement of special inspections. Mr. Shea asked why the amendment involved deleting the exception. Mr. Shea explained that this refers to the preparation of that statement which is part of the state law, and the special inspections need to be performed by either a registrant or any other qualified person. Vice Mayor Tolmachoff asked why it doesn't say "as long as it's prepared by an Arizona resident," but Mr. Shea explained the issues with that change. Chairperson Councilmember Clark asked if the exception could stay, but it could define what type of buildings in which it applies; Chairperson Councilmember Clark then asked if Mr. Dudley would make adjustment to the verbiage, and it will be part of the initial discussion at the October meeting. All were in agreement on this suggestion. OTHER BUSINESS Mr. Toris asked what will happen next month after the fire codes are amended with the BCC. It was noted that the Council will then review it next for final approval TAFF REPORT There were no staff reports discussed during this meeting. COMMITTEE COMMENTS AND SUGGESTIONS No other business, committee comments, or suggestions were made. NEXT MEETING The next meeting will take place October 18th, 2018, at 2 PM. ADJOURNMENT Vice Mayor Tolmachoff made a motion to adjourn the meeting, and Mr. Shea seconded. The meeting was adjourned at approximately 3:55 PM. Sherry Crapser, Recording Secretary