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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/23/2020City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 C1114jr Glendale A R I Z O N A Meeting Minutes Tuesday, June 23, 2020 12:30 P.M. Workshop Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Sheryl Rabin, Deputy City Clerk Vicki Rios, Assistant City Manager Jack Friedline, Assistant City Manager WORKSHOP SESSION 1. PAVEMENT MANAGEMENT AND ARTERIAL RECONSTRUCTION PROGRAMS UPDATE Presented by: Trevor Ebersole, Director, Transportation Ms. Rabin read the item by title. Mr. Ebersole provided an update on the Pavement Management Program (PMP) and introduced the Arterial Reconstruction Program (ARP). He asked for consensus to transfer $15 million in general obligation bonds (G.O.) to replace transportation sales tax funds within the Arterial Recycle Program Capital Improvement Plan (CIP) and items for future consideration. The overview included: • Background • Pavement Management Program (PMP) • Previous Program Goals • Existing Conditions • New Program Goals Councilmember Aldama asked whether streets in the failed category should be reconstructed rather than provided with an overlay. Mr. Ebersole said the street might qualify for reconstruction. The focus was arterial streets. Treatments and overlays were used for residential and collector streets. Councilmember Aldama asked if a reconstruction would be an additional cost to the budget. Mr. Ebersole said it would. The budget was programmed into the PMP to allow for the cost to reconstruct streets. Councilmember Clark asked for clarification on the street treatment called FAST. Mr. Ebersole the fractured aggregate slurry treatment (FAST), was a thicker treatment used to replace the thin mill and overlay process. City Council Meeting Minutes - June 23, 2020 Page 2 of 11 Councilmember Clark was in support of the new funding sources to maintain the 7 -year PMP. Councilmember Aldama also supported the revised PMP. Councilmember Tolmachoff asked how much revenue was generated from the transportation sales tax annually. Mr. Ebersole said approximately $27 million per year. Councilmember Tolmachoff said the $2 million estimate was conservative. She supported the plan. Councilmember Turner said the Highway User Revenue Fund (HURF) funding was contingent upon the State legislature and there was a possibility of no funding if the State chose to withhold it. Councilmember Aldama asked the source of the additional $10 million for the PMP. Mr. Friedline explained how funds were reallocated with the 5 -year CIP. Ms. Rios said the $10 million was an appropriation, not available cash. Councilmember Aldama asked if $3.5 million was encumbered and then released. Ms. Rios explained a duplication had occurred which resulted in the additional $3.5 million in budget authority. Councilmember Turner was concerned about projects that would not have funding if the plan moved forward. Councilmember Clark said streets were a Council priority. She was comfortable using the allocated funds for the PMP. Vice Mayor Malnar agreed with Councilmember Clark. Councilmember Tolmachoff said it was cheaper to address the issues sooner rather than later. It was good to move into the maintenance phase of the plan. Mayor Weiers said there was consensus to move forward. 2. PROSECUTOR'S OFFICE OPTIONS Presented by: Michelle Woytenko, Director, Field Operations Ms. Rabin read the item by title. Ms. Woytenko presented the Sine Building remodel options for the Prosecutor's Office and asked for consensus on the first -floor remodel project. Councilmember Tolmachoff asked how many private offices there were with Option A. Ms. Woytenko said there was a total of thirteen offices and eight would have privacy. Councilmember Tolmachoff asked how many private offices were needed. City Council Meeting Minutes - June 23, 2020 Page 3 of 11 Ms. Woytenko said the requirement was thirteen. There were nine attorneys, two legal assistants and two victim advocate caseworkers. Mayor Weiers asked if the minimum was thirteen, where was there room for growth. Ms. Woytenko said the requirement to get the Prosecutor's Office moved in as soon as possible was thirteen offices. The plan had limitations and did not allow for growth. Mayor Weiers asked what portion of the estimate was for security. Ms. Woytenko did not have the figure but estimated it was $75,000 to $100,000. It was a significant component of the maximum estimate. Mayor Weiers said security was an important component and wanted it included in the moderate option if selected. Councilmember Tolmachoff asked how many private offices were included in the maximum estimate. Ms. Woytenko said there were fourteen private offices. There was open space which could be converted with minimal impacts to cost and to the occupants. Councilmember Tolmachoff asked how many offices were in the moderate estimate. Ms. Woytenko said there were thirteen. Vice Mayor Malnar asked if the $975,000 cost was budgeted. Ms. Woytenko said it was budgeted. The Public Safety CIP funds were earmarked for 3 projects. Vice Mayor Malnar favored the maximum plan. Councilmember Turner said the building was on the National Register. He asked if there were any historical elements on the first floor. Ms. Woytenko said the exterior of the building would not be changed during the renovation. She said there were no historical architectural elements on the first floor. Councilmember Turner asked if there was a need for fourteen workstations. Ms. Woytenko said it allowed for growth. The workstations would be used as an open workspace with the potential for conversion when needed. Councilmember Turner asked if there were plans for the second floor. Ms. Woytenko said the focus was on the first floor for the Prosecutor's Office needs. There had been discussions about possible future use. The space was currently vacant. Councilmember Clark said the timeline and size of the project was frustrating. There was a need for security within the moderate option. Councilmember Tolmachoff recalled discussions on moving the entire City Attorney's Office to the Sine Building. She did not support moving the City Attorney's Office from the current City Hall City Council Meeting Minutes - June 23, 2020 Page 4 of 11 location. The current location provided access for Council. Councilmember Aldama asked if the dollar amounts included furniture and equipment. Ms. Woytenko said it did. Councilmember Aldama asked what the process was to update the value of the building and the insurance. Ms. Rios said the fixed asset records were updated as needed. The City's insurance broker updated the property insurance annually. Councilmember Aldama asked for a report on asset values and the additional cost for renovated facilities. He did not support moving the City Attorney's Office from City Hall. Mr. Phelps said Council's priority was the Prosecutor's Office and staff had focused on that aspect of the building. He explained the advantages of doing a complete renovation with the maximum option and hoped Council considered the recommendation. Mayor Weiers asked for Council consensus on the maximum option at a cost of $975,000. Vice Mayor Malnar urged Council to accept the maximum option. The option provided a good working environment for staff. Councilmember Turner asked for clarification on the security issues that were resolved in the maximum option versus the moderate option. Ms. Woytenko said a separate and secure space would be created on the south side of the building within the maximum option that could not be created within the moderate option. Councilmember Aldama supported the maximum option. Mayor Weiers said there was consensus for the maximum option. 3. WASTEWATER SERVICES FOR LUKE AIR FORCE BASE UPDATE Presented by: Craig Johnson, P.E., Director, Water Services Ms. Rabin read the item by title. Mr. Johnson provided an update on the wastewater services project for Luke Air Force Base (Luke). Mayor Weiers asked how much wastewater was created per day and what would be the maximum capacity. Mr. Johnson said the was approximately 450 gallons per minute. The project would double the capacity to one million gallons per day. He explained how the flow would be tracked and treated. 4. COUNCIL ITEM OF SPECIAL INTEREST - PRESENTATION REGARDING VIOLATION VANTAGE POINTS AND FORECLOSURE OPTIONS Presented by: Rick St. John, Interim Deputy City Manager City Council Meeting Minutes - June 23, 2020 Page 5 of 11 Ms. Rabin read the item by title. Mr. St. John requested Council consensus to direct staff to move forward with determining options. The options would be presented to Council after the summer break. Vice Mayor Mainar said the items were recommended by the City Code Review Committee. The intent was to review the language of the ordinance for both items and provide recommendations for Council at a workshop for further discussion. Councilmember Aldama was in support of a study and for recommendations to be brought forward to Council. Councilmember Clark supported staff researching City Code revisions related to vantage points and abatement foreclosures. Councilmember Turner said it was important to address neighborhood nuisances. He was in favor of moving forward on the item. Mayor Weiers said there was consensus to move forward. 5. COUNCIL ITEM OF SPECIAL INTEREST ON CITY CODES THAT PROHIBIT THE FEEDING OF PIGEONS, FERAL CATS AND ROOF RATS Presented by: Rick St. John, Interim Deputy City Manager Ms. Rabin read the item by title. Mr. St. John presented the final report on the scope of the item. He was seeking Council consensus to determine if a draft ordinance should focus on pigeons and also include feral cats and roof rats. Councilmember Tolmachoff asked if other cities had regulations related to pigeons. Mr. St. John said there were three valley cities with ordinances related to feeding pigeons on private property. Councilmember Tolmachoff suggested an exemption for carrier pigeons. Councilmember Aldama supported an ordinance. Councilmember Clark agreed pigeons were a nuisance but did not think enforcement would be effective. She was not in support of the ordinance. Councilmember Turner questioned the difference between feeding wild bird and pigeons. The inadvertent feeding of pigeons should be addressed along with feral cats. There should be a three -witness standard that included a police officer. Councilmember Hugh did not agree that feeding pigeons should be a Class 1 misdemeanor. Mayor Weiers was not in favor of charging someone for feeding pigeons but was supportive of finding other ways to mitigate the issue. Vice Mayor Malnar felt it was important to keep peoples' rights intact. He trusted staff to address the issues for future discussion and an ordinance. City Council Meeting Minutes - June 23, 2020 Page 6 of 11 Councilmember Aldama said a misdemeanor charge was too harsh of a punishment and favored reviewing other solutions. Councilmember Tolmachoff suggested feeding pigeons, feral cats and roof rats could be part of the nuisance ordinance and addressed through the City Code. Councilmember Turner suggested an ordinance related to feeding pigeons and birds on public property with a misdemeanor citation. Mayor Weiers favored an ordinance related to feeding pigeons on public property but wanted education to be used before misdemeanors were issued. Mr. St. John asked for consensus to bring back language prohibiting feeding pigeons on public property as a civil offense. Councilmember Aldama asked for a timeline on the education period. Mr. St. John said new ordinances typically had an education period. A 6 -month period could be incorporated. Vice Mayor Malnar asked if hoarding issues regarding feral cats could be included. Mr. St. John said it could be included in the discussions. Councilmember Clark was in support of the trap and release (TNR) program and suggested staff work with the county to provide traps to citizens which could include a one-time purchase of traps to assist with the program. Councilmember Hugh said there were non-profit organizations that assisted the TNR program. Mayor Weiers said Councilmembers could use district funds to purchase traps to loan to constituents. Councilmember Turner was in favor of a possible trap loan program. Mr. St. John asked for consensus to eliminate feral cats from the ordinance and include the TNR program. Mayor Weiers said there was consensus. He confirmed that roof rats would not be included in the proposed ordinance. 6. PRESENTATION REGARDING RECOMMENDED CITY CODE REVISIONS Presented by: Rick St. John, Interim Deputy City Manager Ms. Rabin read the item by title. Mr. St. John requested Council consensus on City Code revisions related to securing vacant buildings and palm tree fronds. Councilmember Turner asked if the requirement also applied to vacant commercial buildings. Mr. St. John said it did apply. City Council Meeting Minutes - June 23, 2020 Page 7 of 11 Councilmember Clark understood the issue but was not ready to mandate a requirement for the annual trimming of palm trees. Mr. St. John said the goal of the ordinance was to address dead or fallen palm fronds. Councilmember Clark said it was a health and fire safety issue. Councilmember Aldama asked if the requirement was for a 10 -foot clearance from the ground for fronds. Mr. St. John said that was correct. Councilmember Aldama said the requirement should be more than ten feet. Vice Mayor Malnar agreed with Councilmember Aldama. He asked what typical complaints regarding palm fronds were and how were they addressed. Tim Boling, Code Compliance Officer, said typical complaints received regarded fire hazards. Ten feet was the standard for fire and building codes. Mr. St. John asked if the consensus was to find other solutions for further Council discussion. Mayor Weiers confirmed Council consensus. 7. COUNCIL ITEM OF SPECIAL INTEREST - FIREWORK REGULATIONS Presented by: Rick St. John, Interim Deputy City Manager Ms. Rabin read the item by title. Mr. St. John was seeking Council consensus to amend the penalty section of the City Code to establish mandatory fine amounts for first and subsequent violations of the fireworks ordinance. Vice Mayor Malnar asked for clarification regarding offense reports. Mr. St. John said it was a criminal report generated by a police officer on scene. Fireworks violations had to be observed by the police officer in order to issue a citation. It was why there were very few offense reports. Councilmember Clark hoped for Council consensus to pursue the regulation of hours for fireworks on the allowed days. Councilmember Turner said if a firework flew or launched into the air or made a loud noise, it was illegal. Mr. St. John said that was correct. Councilmember Turner suggested an increased penalty as a deterrent and increased education regarding permissible fireworks. Councilmember Tolmachoff asked if community contact was the person setting off fireworks or the person making the complaint. City Council Meeting Minutes - June 23, 2020 Page 8 of 11 Mr. St. John said, depending on the circumstances, it was both. Councilmember Tolmachoff asked what happened when a complaint was received. Mr. St. John explained the process and the difficulties of identifying the person using illegal fireworks. Mayor Weiers explained the regulation of hours was a statewide issue. Education would help alleviate the issue of setting off illegal fireworks. Councilmember Tolmachoff said a fine was a deterrent and with education, it might stop people from using illegal fireworks. Councilmember Aldama agreed a deterrent was needed. He asked if it was possible to fine the property owner. Mr. St. John agreed it would be easier to site the property owner, but a legal review would be required. Councilmember Turner said implementing a timeframe for fireworks would not solve the issue of the use of illegal fireworks. He suggested a large fine and an education component. Councilmember Clark supported the suggested fine amounts. She felt there was value to implementing a time restriction during the allowed days. Mayor Weiers asked if court penalties would be added to the fine. Mr. St: John said that was correct. The court penalties were a percentage of the fine and were added together for the total amount. Mr. St. John said the consensus request was to adopt the language change and a fine amount. Vice Mayor Malnar asked if a vendor education component could be included in the ordinance. Mr. St. John said it was possible to add the fine amounts to sign requirements. Councilmember Aldama asked if staff inspected firework vendor tents. Mr. St. John said the Fire Marshall's Office conducted the inspections. Councilmember Aldama said a higher fine amount was needed to deter the use of illegal fireworks. Mayor Weiers asked what the fine amount was for discharging a firearm into the air and if it deterred people from doing so. Mr. St. John said the offense included several felonies and the court -imposed fees and fines were in the range of thousands of dollars. The fines and fees did not deter people. Mayor Weiers said education was a larger component than increased fines. Councilmember Hugh suggested including information with residents' water bills. He asked if a person could be cited for possessing illegal fireworks even the fireworks were not launched into the air. City Council Meeting Minutes - June 23, 2020 Page 9 of 11 Mr. St. John said possessing fireworks was not illegal. It was sale and use of the illegal fireworks. Councilmember Hugh asked if the ordinance could make possession illegal. Mr. St. John said the option could be explored. Vice Mayor Malnar did not agree that higher fines were not a deterrent. Mr. St. John confirmed consensus on the language for the ordinance and asked for consensus on the fine amounts. Mayor Weiers confirmed consensus. Mr. St. John said the fireworks item on the voting meeting agenda would be pulled. A better -defined fireworks ordinance would be brought to Council for future approval. CITY MANAGER'S REPORT Mr. Phelps provided an update on the Rose Lane pool. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Tolmachoff requested an update regarding GlendaleOne. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Ian Hugh to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 4:05 p.m. to discuss appointments and matters relating to various boards, commissions and other bodies pursuant to A.R.S. § 38-431.03(A)(3)(4) and discussion and/or consultation, to consider its position, and to provide instruction/direction regarding the appointment process of the Presiding Judge and discussion/consultation for legal advice with the City Attorney pursuant to A. R.S. §38-431.03(A)(1)(3). City Council Meeting Minutes - June 23, 2020 Page 10 of 11 A motion was made by Councilmember Jamie Aldama, seconded by Vice Mayor Ray Malnar to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed Mayor Weiers adjourned the executive session at 4:49 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:49 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 23rd day of June, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of July, 2020. J e K. Bower, MMC, City Clerk City Council Meeting Minutes - June 23, 2020 Page 11 of 11