Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/24/2020City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 . C& Glendale A R I Z O N A Meeting Minutes Tuesday, November 24, 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 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 1. FUND BALANCE AND COMMUNITY INVESTMENT STRATEGY - FOLLOW-UP Presented by: Jack Friedline, Assistant City Manager Ms. Bower read the item by title. Mr. Friedline provided a follow-up presentation to the Fund Balance and Community Investment Strategy Project proposals using CARES Act funds. He asked for Council consensus to move forward on each project. Vice Mayor Malnar asked what "Adult Center — Second Floor Programming" meant. Mr. Friedline said it was the estimate for the project at the Adult Center. Vice Mayor Malnar asked if the remaining balance stayed with the project for future use. Mr. Friedline said each slide would show the new balance after each project. Councilmember Turner asked if the $20,000 was for concepts and preliminary design work on the second floor of the Adult Center. Mr. Friedline said that was correct. Mayor Weiers confirmed consensus on the Adult Center project. Mr. Friedline said the next project was the Sahuaro Ranch Park entrance painting at a cost of $57,000. Mayor Weiers asked if the gaps in the fencing at Sahuaro Ranch had been resolved. Mr. Friedline said the issue would be addressed before painting began. City Council Meeting Minutes - November 24, 2020 Page 2 of 11 Councilmember Turner said the fencing around the historic area of the park was also in need of painting. Mayor Weiers confirmed consensus on the Sahuaro Ranch Park entrance painting project. Mr. Friedline said the next item was funding in the amount of $131,075 for the Economic Development position. Councilmember Clark asked why one-time funds were being spent on an ongoing position. Mr. Phelps said Councilmember Tolmachoff had requested the addition of the new position within Economic Development. The intention was to build the position into next year's budget. Councilmember Tolmachoff said it was advantageous to fill the position now rather than later. Mayor Weiers asked if it was a full-time position. Mr. Phelps said the proposal was for a full-time position. Councilmember Aldama supported the item. Councilmember Clark was opposed to using one-time funding. Mayor Weiers confirmed consensus on the Economic Development position. Mr. Friedline said an update would be brought to Council in February. 2. PRESENTATION REGARDING CITY CODE CHAPTER 24 ARTICLE IV SPECIFIC PARKING PROHIBITIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the next several presentations consisted of City Code revisions or additions recommended by the City Code Review Committee (Committee), staff or Council. He was seeking Council consensus for the changes. Mr. St. John said the Committee was proposing the following changes: • Section 24-61: Replace "travel trailer" throughout with "recreational vehicle" • Section 24-61(c)(2): Amend recreational vehicles to include rather than exclude motor home, mini -motor home, recreational van, tent trailer, camper trailer, watercraft on a boat trailer or a truck camper • Section 24-62: Add paragraph (16) - Upon a street, alley or roadway for a period in excess of forty-eight (48) hours Mayor Weiers said if a watercraft was not on a trailer there would be no issue. Mr. St. John said language could be added to include an empty boat trailer as a violation. Mayor Weiers suggested the term "watercraft trailer." Mayor Weiers confirmed consensus to the proposed Code changes. City Council Meeting Minutes - November 24, 2020 Page 3 of 11 3. PRESENTATION REGARDING CITY CODE 29.1 RESIDENTIAL RENTAL PROPERTY CODE Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the proposed amendment to Section 29.1 would establish minimum standards for heating and cooling requirements. The language was approved by the Arizona Multi -housing Association. Mayor Weiers asked how a standard would be measured for adequate heating. Mr. Boling said the inspector would make an appointment with the tenant and a temperature range would be recorded over a two-day period. Councilmember Tolmachoff said the location of an air conditioner contributed to its cooling capabilities. Mr. Phelps said the language was a general guideline used throughout the Valley. He said discretion would be used when applying the Code. Mayor Weiers would support language that applied to residential multi -family housing rental properties and excluded single-family homes. Councilmember Tolmachoff asked if the temperature would be taken in multiple rooms. Mr. Boling said that was correct. Councilmember Tolmachoff said the language should read, "every room". Councilmember Turner asked where the temperature standard originated from and how many calls were received in a typical year. Mr. Boling said it was approximately eight to ten calls each summer regarding inadequate air conditioning. The heating standard was a nationwide standard. The cooling standard was approved by the Arizona Multi -housing Association. Councilmember Turner agreed with staffs recommendation. Mayor Weiers was concerned with multi -family housing without air conditioning. Councilmember Clark supported using the term "residential rental' instead of "multi -family housing." Vice Mayor Malnar asked how the Code compared to the Arizona Tenant Landlord Act. Mr. Boling said the Act did not include standards. The City had the authority to develop standards. Councilmember Aldama did not support excluding rental homes. Mayor Weiers confirmed consensus to the proposed changes. 4. PRESENTATION REGARDING GUIDELINES TO ESTABLISH A FORECLOSURE PROGRAM Presented by: Rick St. John, Deputy City Manager City Council Meeting Minutes - November 24, 2020 Page 4 of 11 Ms. Bower read the item by title. Mr. St. John said the item was a Council Item of Special Interest requested by Vice Mayor Malnar. He said the program would be used for blighted nuisance issues when a homeowner was not available. Councilmember Clark asked if it applied to commercial rental properties. Mr. St. John said it applied to residential properties. Councilmember Clark said the need was greater with commercial properties. Vice Mayor Malnar asked what the impacts had been for the City of Phoenix's foreclosure program. Mr. St. John said there was significant compliance when the homeowners received the correspondence. Vice Mayor Malnar said the City Code Review Committee recommended the policy be available as a tool. Councilmember Turner asked if the City could recover the costs associated with a foreclose. Mr. St. John said the costs could not be recovered. Mayor Weiers asked how many properties were in the position to be foreclosed. Mr. Boling said of the 77 properties with liens, there were three in the Sahuaro District with excessive calls for service. Councilmember Turner asked if a property was foreclosed due to unpaid property taxes would the City's lien be removed without recovery. Mr. Boling said that was correct. Councilmember Turner said the opportunity to foreclose allowed the City to recover some of the lien costs. Mr. Boling said that was correct. Mayor Weiers confirmed consensus for the proposed changes. 5. COUNCIL ITEM OF SPECIAL INTEREST - FIREWORK REGULATIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the item was a continuation from a previous workshop discussion held on June 23, 2020. He requested consensus to amend Section 25-65 of the City Code to add paragraph (13) - Noises from permissible fireworks and their use as defined in Sec. 26-70.3 except between the hours of 12:30 a.m. and 7:00 a.m. Mayor Weiers requested that the postings also be in Spanish. City Council Meeting Minutes - November 24, 2020 Page 5 of 11 Councilmember Tolmachoff requested an aggressive social media campaign on the regulations leading up to the New Year's and July 4th holidays. Councilmember Aldama asked if the vendor or property owner would be fined. Mr. St. John said typically the person in violation was fined. Councilmember Aldama felt the property owner should share responsibility. Councilmember Tolmachoff asked if the issue was with vendors selling illegal fireworks. Mr. St. John said there was one occurrence during the previous July 4th holiday. Councilmember Clark asked if the Police Department had considered designating patrol cars to respond only to firework complaints. Mr. St. John said during the last July 4th holiday, there were officers assigned specifically to enforce fireworks. Councilmember Clark requested to see the figures from the last Fourth of July. She said sharing the restrictions and enforcement on social media would help alleviate violations. Mayor Weiers confirmed consensus to the proposed changes with the addition of Spanish language signage. 6. DISCUSSION OF THE CITY CODE REGARDING VEHICLE PARKING Presented by: Michael D. Bailey, City Attorney Ms. Bower read the item by title. Mr. Bailey said the discussion regarded vehicle parking. He provided background information on the issue of parking in front yards and recommendations from the City Code Review Committee. He requested Council direction to move forward. Councilmember Aldama asked if residences that had been grandfathered in would no longer be able to park in the front yard. Mr. Bailey said changes could be made to the traffic and parking codes but that did not impact private property rights and grandfathered use rights. Councilmember Clark provided an example of a front yard that had been concreted and asked if the parking could be addressed with the revision. Mr. Bailey said the City's Zoning Code specified a maximum lot coverage of 40%. Each situation would require inspection. Based on the example, the property would be cited. Vice Mayor Malnar asked who granted the relief. Mr. Bailey said it was granted by the Zoning Administrator. There were no procedures or permits to grant the relief in Glendale. There was a process to apply for relief with the Zoning Administrator. City Council Meeting Minutes - November 24, 2020 Page 6 of 11 Councilmember Tolmachoff said lot coverage was addressed in the Zoning Code. Mr. Bailey said that was correct, but it could not be self-imposed. Councilmember Clark had concerns and wanted further clarification and definition for the Planning Director. Mr. Bailey said staff was requesting Council feedback and direction on the issue. Councilmember Tolmachoff asked if there was a time limit for temporary occupancy. Mr. Bailey asked if Council was willing to consider adding it to the Code. Mayor Weiers explained the difference between a recreational vehicle (RV) and a mobile home. Councilmember Tolmachoff said a mobile home had to get an affidavit of fixture to no longer be considered a vehicle. Mayor Weiers asked if an additional fee could be charged on a registered RV. Mr. Bailey said it would be a temporary occupancy with an RV lawfully parked on the property. Councilmember Tolmachoff was not in favor of parking an RV in open view for temporary occupancy. Mr. Boling said the City did receive complaints regarding seasonal visitors parked long-term in driveways or on the property. Mr. Bailey said it was illegal to park in the street. Mr. Phelps said most communities allowed for a guest to park temporarily with defined restrictions. Mayor Weiers suggested that it be allowed no longer than three days with a week between stays. Councilmember Aldama supported temporary occupancy with parameters. Councilmember Clark agreed with Councilmember Aldama. There could be a permit option for extended periods with neighbor approval. Mr. Bailey asked for general consensus on the items, to refine the information, and create parameters. Councilmember Turner asked if temporary RV occupancy was not allowed in the City. Mr. Bailey said there were several situations where it would not be allowed. Councilmember Turner was willing to consider the item of temporary occupancy with certain parameters. Mayor Weiers said, because of COVID-19, there were exceptions to temporary occupancy restrictions. Councilmember Turner believed the Mayor's Declaration of Emergency would cover such situations. City Council Meeting Minutes - November 24, 2020 Page 7 of 11 Mr. St. John asked if Council wished it to be enforced as written and asked for guidance on when variances could be sought. Mayor Weiers suggested the inclusion of carports or covered structures for vehicles exceeding the weight limit. Mr. Bailey said such vehicles could not be parked in a carport under the proposed language. Mayor Weiers requested that the language be changed. Councilmember Aldama asked what were the vehicle weight limits. Mr. St. John said 14,000 -pound vehicles were typically box trucks and larger heavy-duty trucks. Councilmember Turner suggested a stipulation be added for vehicles registered to the resident's employer that were assigned for business use. Councilmember Clark did not believe the issue was with a company vehicle parked on a property. It was many vehicles parked at the home for a business being run from the home. Mayor Weiers requested the language be changed to carport or covered parking within the recreation vehicle/trailer language. He asked if an RV that was visible but parked 300 feet from the property line would be an exception in rural residential. Mr. Bailey said it should not be an issue within rural properties. Mayor Weiers wanted an exception for large vehicle storage on rural properties. Mr. Bailey said there were challenges with changing an allowed use and then restricting it. He would move forward with the direction given and return with recommendations for further discussion by Council. 7. AMEND CITY CODE CHAPTER 25 RECREATIONAL MARIJUANA Presented by: Michael D. Bailey, City Attorney Ms. Bower read the item by title. Mr. Bailey reviewed the stipulations of Proposition 207 regarding recreational marijuana. Councilmember Turner asked when Proposition 207 went into effect. Mr. Bailey said the framework needed to be established for dispensaries to obtain proper licensing. He did not have information on how licensing and regulation would be accomplished. Criminal charges would be heard by the City Court not the County courts. Councilmember Turner requested the matter be postponed to allow for public input. Councilmember Clark asked if the City of Peoria had passed its recreation marijuana ordinance yet. Mr. Bailey said the City of Peoria passed the ordinance two weeks ago. City Council Meeting Minutes - November 24, 2020 Page 8 of 11 Councilmember Clark asked how long it would be until an ordinance took effect. Mr. Bailey said it would be effective 30 days after passage. Councilmember Tolmachoff asked if most of the provisions were contained in the ballot measure. Mr. Bailey said that was correct and the measure generally stated smoking was not allowed in public places. Councilmember Tolmachoff asked for confirmation that there was nothing in the proposed ordinance that was in conflict with what was approved by the voters. Mr. Bailey said local enforcement was contained within Prop 207. The criminal elements had been minimized and were now petty offenses. Councilmember Tolmachoff asked what the regulations were related to consumption. Mr. Bailey said Prop 207 and the ordinance addressed consumption. Mayor Weiers asked if smoking was allowed in a private establishment. Mr. Bailey said it was allowable within a private enterprise. He would provide more information to the Council on communal gatherings. Councilmember Tolmachoff said other states limited it to private homes. Mr. Bailey said some states allowed consumption at private clubs. Councilmember Tolmachoff said a private club was different from a retail establishment. Councilmember Aldama said consumption would be allowed in places that sold tobacco paraphernalia. Mr. Bailey said, if there was Council consensus, the proposed ordinance would be considered at that evening's voting meeting. Mayor Weiers said there was consensus to proceed with the proposed ordinance. CITY MANAGER'S REPORT Mr. Phelps reported the City had refunded $25.685 million in water and sewer bonds resulting in net savings of $6.9 million and present savings of $6.5 million. Mr. Phelps said City staff had adopted forty families to support during the holidays. Mr. Phelps said the completion of the Sine building refurbishment was on schedule to be completed by the end of December. CITY ATTORNEY'S REPORT No report City Council Meeting Minutes - November 24, 2020 Page 9 of 11 COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Aldama requested staff inform Council if and when the restrooms in Murphy Park would reopen. If the restrooms would not reopen, he requested information on why the restrooms would not reopen. Councilmember Aldama said the Saluting Arizona Veterans group wanted to erect a veterans' memorial. He wanted to meet with staff regarding the matter. Councilmember Turner requested information on the parameters or process for the City to approve large public gatherings and asked that Council be notified of approved events. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Joyce Clark 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 3:28 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/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); and • 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 to consider its position, and to provide instruction/direction to the City Attorney regarding Glendale's position in connection with a contract relating to the purchase, sale or lease of property in the area of 55th Avenue and Northern pursuant to A.R.S. §§ 38-431.03 (A)(7) ADJOURNMENT Mayor Weiers adjourned the meeting at 5:02 p.m. City Council Meeting Minutes - November 24, 2020 Page 10 of 11 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 24th day of November, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of December, 2020. Jul". Bower, MMC, City Clerk City Council Meeting Minutes - November 24, 2020 Page 11 of 11