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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/8/2020City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 Glendale A R I Z O N A Meeting Minutes Tuesday, September 8, 2020 12:30 P.M. Workshop Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aidama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:30 p.m. 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 Julie K. Bower, City Clerk Vicki Rios, Assistant City Manager Jack Friedline, Assistant City Manager WORKSHOP SESSION GLENDALE WORKS PROGRAM UPDATE Presented by: Jean Moreno, Community Services Director Jussane Goodman, Phoenix Rescue Mission Nathan Smith, Phoenix Rescue Mission Ms. Bower read the item by title. Mr. Smith provided background information and an update on the Glendale Works program. Ms. Moreno said an update on homelessness as a whole would be provided at a workshop in October. Councilmember Turner asked if there were numbers associated with the growth of the program for tracking purposes. Ms. Goodman said the information was tracked. Councilmember Turner was interested in seeing the numbers and how the program developed over time. He asked how suggestions for the program would be forwarded for consideration. Ms. Moreno said suggestions could be forwarded to her. Vice Mayor Malnar asked if there was demand for the program. Ms. Goodman said individuals were scheduled up to 3 weeks in advance and even with a second crew, many individuals were still turned away. Vice Mayor Malnar asked for examples of obstacles that prevented individuals from obtaining housing. Ms. Goodman said two major barriers were substance abuse and mental health. The program City Council Meeting Minutes - September 8, 2020 Page 2 of 9 tried to overcome the obstacles and build trust. Councilmember Clark asked how many individuals participated per day. Ms. Goodman said there were two crews with ten participants each for a total of twenty per day. Councilmember Clark asked how long a typical workday was. Mr. Smith said the 5-hour shifts began at 6:00 a.m. plus a lunch break. The program did not try to enable the chronically homeless. There were individuals that had more shifts because they were working towards a more sustainable lifestyle. Councilmember Tolmachoff asked if there was a screening process to verify the participant was from Glendale. She also asked about the program schedule. Ms. Goodman said participants were screened and that information could be verified if necessary. Ms. Goodman said the van operated four days per week, Monday through Thursday. Summer shifts began at 5 a.m. and winter shifts began at 6 a.m. She said approximately five to ten people were turned away per day. Councilmember Tolmachoff asked if a 10% job placement was satisfactory and what it represented. Mr. Smith said the 10% was only the number verified. Participants who obtained work on their own did not return to the program. Councilmember Tolmachoff said it was a great program and was a steppingstone in the right direction. Mayor Weiers thanked Council for supporting the Glendale Works program. He asked if there had been a decrease in the number of homeless from the previous year. Ms. Moreno said there had been a decrease. 2. COUNCIL ITEM OF SPECIAL INTEREST - VISUAL IMPROVEMENT PROGRAM Presented by: Jean Moreno, Community Services Director Ms. Bower read the item by title. Ms. Moreno presented an overview of the Visual Improvement Program. She asked for consensus to use $184,645 in unspent funds from prior program years for the downtown cafe lighting project.The proposed location was along Glendale Avenue from 58th Avenue to 58th Drive. Mayor Weiers asked if the goal was to help the downtown businesses or help visitors feel safer walking in the evening. Councilmember Aldama said it provided a "wow" factor for the area and more people would visit businesses. The location was supported by the Downtown Manager group and the merchants. Mayor Weiers supported the project and wanted to see plans for future expansion. Ms. Moreno said there was electricity available in the park, so it was the ideal location to begin City Council Meeting Minutes - September 8, 2020 Page 3 of 9 the project. Councilmember Tolmachoff agreed with Mayor Weiers and asked if lighting could be extended down 58th Avenue if more funding was available. Councilmember Clark asked if there was a downside to the project. Ms. Moreno said the biggest challenge was defining the scope and locating existing meters for electrical. Councilmember Clark asked if the sixteen foot height was adequate for trucks traveling down Glendale Avenue. Trevor Ebersole, Transportation Director, said the minimum height requirement was sixteen feet based on a maximum vehicle height of fifteen feet. Councilmember Clark supported the project. It would help identify the downtown area. She asked how much work it was to expand the scope to include lights to Glenn Drive. Ms. Moreno said with Council direction, staff would work on cost estimates for each option. Mayor Weiers recommended extending the area slightly east to 58th Avenue and north to Glenn Drive. Councilmember Tolmachoff supported Mayor Weiers' recommendation and recalled a goal of making the amphitheater area a focal point. Vice Mayor Malnar agreed with the recommendation. If there were additional funds, he supported extending the lighting to 57th Drive. Councilmember Turner was in support of the project and using the additional funds. Mayor Weiers said the consensus was to include the intersection of 58th Avenue up to Glenn, with an expansion of Glendale Avenue to 57th Drive. 3. PRESENTATION REGARDING RECOMMENDED CITY CODE REVISIONS - FEEDING PIGEONS AND PALM TREE REGULATIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John was seeking Council consensus on proposed language for banning the feeding of pigeons on public property and amending language regarding palm fronds. Mr. St. John said the proposed language for pigeons was: "It is unlawful for any person to feed pigeons on public property with the City of Glendale." Mayor Weiers asked if the fine would be established by Council. Mr. St. John said the fine could be established by Council or by the presiding judge.He asked for consensus to add the proposed language and a fine of $50.00. City Council Meeting Minutes - September 8, 2020 Page 4 of 9 Mayor Weiers said the fine would be imposed after a second offense. Mr. St. John said that was correct. Mayor Weiers said there was Council consensus. Mr. St. John said a 10 -foot separation consistent with the Glendale Zoning Ordinance was being requested for palm fronds. Mayor Weiers asked for an explanation of the 10 -foot separation. Mr. St. John said it was from the ground to the bottom of the palm frond or any other structure or tree. Councilmember Tolmachoff asked if the violator would have thirty days to remedy the situation. Mr. St. John said typically landscaping violations had a longer remedy time, unless there was a safety hazard. Councilmember Turner said a common nuisance issue in his district was palm fronds after a storm. He asked Council if there were similar concerns within their districts. Vice Mayor Malnar agreed with Councilmember Turner. The issue with palm fronds was the nuisance not blight and should be addressed. Mayor Weiers said the nuisance issue could potentially be extended to other types of trees. Councilmember Aldama was concerned that the ten -foot separation was not enough. Councilmember Tolmachoff asked what the issue was with palm fronds. Mr. St. John said the issue was a health and safety fire hazard as ruled by the court. He said the nuisance issue was not part of the initial concern. Councilmember Clark agreed with Councilmember Aldama's concern. She asked if the court expressed an opinion on blight. Mr. St. John said the Court did not address the issue of blight. Cities were forced to change the focus to a health and safety issue. Vice Mayor Malnar supported Councilmember Aldama's recommendation to increase the height requirement. Mayor Weiers was not in support of the language as written. Vice Mayor Malnar asked if there was consensus to change the height requirement. Mr. Bailey asked if the proposal was to change the distance to 25 feet. Mayor Weiers said that was correct. Mr. Bailey said the increase would likely result in palms being prohibited on every City lot. Councilmember Aldama asked if a palm tree was shorter than 25 feet, there could not be any City Council Meeting Minutes - September 8, 2020 Page 5 of 9 palm fronds. Mr. St. John said that was correct. Councilmember Tolmachoff suggested an accumulation of palm fronds instead of the height requirement Mayor Weiers agreed with Councilmember Tolmachoff's suggestion of a number of hanging palm fronds before it was a violation. Vice Mayor Malnar wanted to incorporate the distance from the ground and other requirements as part of the Code. Councilmember Turner suggested 25 feet from the ground or 10 feet from a structure fence or wall. Mr. Phelps expressed reluctance to make a decision without identifying the ramifications. He recommended the item be brought back to a future workshop for further discussion. 4. OBSERVATION POINTS OF CITY CODE VIOLATIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the presentation was to seek Council consensus on City Code language to establish where an inspector could observe a violation. Vice Mayor Malnar favored the City of Phoenix wording and the City Code Review Committee had made a similar recommendation. Mayor Weiers asked if an inspector would be able to use a ladder to look over a wall. Mr. St. John said viewing a violation from a ladder would be an issue for the court. Mayor Weiers said an inspector could look out the window of a two-story home. Mr. St. John said the court would consider it differently than using a ladder or standing on a roof. Mr. Bailey said the court would ask where the vantage point was and if the inspector was invited onto the premise. Mayor Weiers said that it could cause issues among neighbors. Councilmember Clark agreed with Vice Mayor Malnar's suggestion to use the City of Phoenix's language. Councilmember Tolmachoff asked how long Phoenix had used the language and if there were issues with enforcement. Mr. St. John said the language had been used for over thirty years and to his knowledge, there were no issues. Councilmember Aldama did not support the language change. City Council Meeting Minutes - September 8, 2020 Page 6 of 9 Vice Mayor Malnar said the issues his constituents had with code violations regarded unsafe conditions in back yards. The Code Review Committee had worked on similar issues and was in favor of moving forward. Mr. Phelps agreed with Vice Mayor Malnar's explanation. He said it would be used as a tool for violators to comply. Councilmember Tolmachoff asked if the language could only apply to a citizen -initiated complaint. Mr. St. John said it would create inconsistencies for enforcement. He said most cases were self -initiated. He recommended one standard for enforcement. Councilmember Tolmachoff was in favor of the City Code Committee's recommendation. Councilmember Aldama asked if an employee could use a truck lift to view a violation. Mr. St. John said the court would view it similar to the use of a ladder to obtain an advantage to encroach on someone's right to privacy. Councilmember Clark agreed with Vice Mayor Malnar and Mr. Phelps. It would not be used for typical complaints. There were cases where entry onto a property was required. Councilmember Aldama could support the language if health and safety hazards were clearly defined. Mayor Weiers asked for clarification on the desired outcome of the language change. Mr. Bailey clarified the violations had to be in plain view in order to not violate a person's expectation of privacy. The expansion of the language was to address health and safety issues. There was consensus to proceed with the proposed language change. CITY MANAGER'S REPORT Mr. Phelps said the 2021 Annual League of Cities conference would be held in Tucson, Arizona. The League had agreed to bring the conference to Glendale in 2022. Mr. Phelps said Valley del Sol had partnered with Glendale Elementary School District to conduct three additional testing events. Additional testing was planned at Independence High School. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Aldama requested an item related to tire disposal and storage at tire shops. Councilmember Aldama requested a discussion on homelessness in downtown Glendale. Councilmember Aldama requested the formation of a task force regarding the current downtown manager contract with the Chamber before its renewal. City Council Meeting Minutes - September 8, 2020 Page 7 of 9 Councilmember Clark had ideas related to downtown which possibly involved not renewing the downtown manager contract and creating an independent Downtown Merchants Association. Vice Mayor Malnar requested a process to change street names. 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: 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 entered into executive session at 3:25 p.m. for: Discussion regarding appointments and matters relating to the following 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 of the Presiding City Judge and discussion/consultation for legal advice with the City Attorney pursuant to A.R.S. §38-431.03(A)(1)(3); and Discussion and or consultation, to consider its position, and to provide instruction/direction regarding the appointment of the City Judge and discussion/consultation for legal advice with the City Attorney pursuant to A.R.S. §38-431.03(A)(1)(3); and Discussion/consultation with the City Attorney and City Manager to 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 contracts, agreements and/or development agreements of the area in, near and surrounding 95th Avenue and Cardinals Way that are the subject of negotiations pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7); and Discussion/consultation with the City Attorney and City Manager to 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 City -owned property in the area of 59th Drive and Myrtle Avenue pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7); and Discussion/consultation with the City Attorney and City Manager to 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 City -owned property, Maricopa County Assessor Parcels Numbers 102-59-008U and 501-55-012C pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7); and City Council Meeting Minutes - September 8, 2020 Page 8 of 9 Discussion and consultation with the City Attorney and City Manager to receive an update, consider its position and provide instruction and direction to the City Attorney and City Manager regarding Glendale's position in connection with agreements associated with the Arena Manager pursuant to A.R.S. § 38-431.03(A)(3)(4)(7); and Discussion/consultation with the City Attorney and City Manager to discuss security plans, procedures, assessments, measures or systems relating to, or having an impact on, the security or safety of buildings, facilities, operations, critical infrastructure information and information technology maintained by the public body pursuant to A.R.S. §§ 38-431.03 (A)(3)(9). A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Ian Hugh 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 5:07 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 5:07 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 8th day of September, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 16th day of September, 2020. Ouue K. Bower, MMC, City Clerk City Council Meeting Minutes - September 8, 2020 Page 9 of 9