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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/26/2021City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 C�� Glendale A R I Z O N A Meeting Minutes Tuesday, January 26, 2021 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Absent: Councilmember Jamie Aldama Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Vicki Rios, Assistant City Manager Councilmember Turner arrived after the roll was called. WORKSHOP SESSION COUNCIL ITEM OF SPECIAL INTEREST - SMALL CELL & 5 G TECHNOLOGY FOLLOW-UP Presented by: Donald Bessler, PWLF Chief Capital Improvement Officer Ryan Lee, Intergovernmental Program Manager Ms. Bower read the item by title. Mr. Bessler said Council had previously discussed the matter at its September 22, 2020 workshop. Staff had worked with the Council working group to develop a scope of work. He provided background information on small 5G towers within the City and outlined the scoping statement. He requested direction and consensus to move forward. Mr. Lee requested the following: • Approval of scoping statement goals • Add to Legislative Policy Agenda • Authorization for City Manager to proceed and assist working group • Authorization for the working group to proceed Councilmember Malnar asked if established cell towers on the map were 5G or other types of cell towers. Mr. Bessler said the small cell tower might need to be retrofitted for 5G. Councilmember Malnar asked if there was a permit process to convert a tower to 5G. Mark Gibson, Engineering Administrator, explained the process and said it was not a visual upgrade. Councilmember Malnar supported the item. It was important to communicate the safety of the devices. City Council Meeting Minutes - January 26, 2021 Page 2 of 7 Councilmember Tolmachoff asked if more infrastructure was needed to deliver 5G. Mr. Bessler would provide information to Council. He said the economy drove the market for the new installations. Councilmember Tolmachoff asked if more towers or small sites were needed for 5G. Mr. Bessler said that was generally correct. He would provide more information to Council. Councilmember Tolmachoff asked if residents were required to be notified. Mr. Bessler explained the developed notification process. There was a ten-day waiting period for residents to contact the City or the carrier for questions. Councilmember Tolmachoff asked for the same notification process for towers on City -owned sites as it was for privately -owned site. Mr. Bessler said a clear permit process would be developed. Councilmember Turner asked if pole styles would be standardized. Mr. Bessler said aesthetics could be addressed to some extent, but the industry had proprietary solutions for the antennas. Carriers had the ability to design a tower within certain parameters. Councilmember Turner asked for a more neighborhood -positive stance regarding towers. It was important for homeowners' associations to be notified. Councilmember Clark asked if the City had the ability to require a permit to track work done within the City when towers were upgraded. Mr. Bessler said staff was researching the possibilities and would provide a follow up to Council. Councilmember Clark asked if the City could create spacing requirements on tower placement and the distance from homes. Mr. Bessler explained the industry had access to the public utility easements and rights-of-way. Any regulations would need to be considered reasonable and customary unless there was a known public safety or line -of -sight issue. Mayor Weiers said there was Council consensus to move forward. 2. PRESENTATION REGARDING ADDING CITY CODE TO REGULATE THE DISPLAY OF HOLIDAY DECORATIONS Presented by: Deputy City Manager, Rick St. John. City Council Meeting Minutes - January 26, 2021 Page 3 of 7 Ms. Bower read the item by title. Mr. St. John said the City Code Review Committee was recommending the following language regarding holiday decorations: Decorations shall mean items or objects used to embellish, ornament or enhance any physical features on private property or buildings thereon in celebration of a holiday or occasion. Decorations shall meet the following requirements: (1) Holiday and Seasonal Decorations. Temporary, non-commercial decorations or displays associated with the celebration of a particular civic, patriotic, or religious holiday or season. Shall be displayed for a maximum of 30 days prior to and 30 days after the relevant holiday, and must be maintained in good condition (e.g. not torn, soiled, or faded). Such decorations shall not be displayed in such a manner as to constitute a hazard to pedestrian or vehicular traffic. Mr. St. John said the majority of the complaints regarded Christmas lights. The proposed language would give the City authority to request lights be removed. Councilmember Tolmachoff gave an example of lights displayed for various holidays and asked how it would be managed. Mr. St. John did not anticipate non-compliance from residents. Mayor Weiers confirmed consensus for the proposed language regarding holiday decorations. 3. PRESENTATION REGARDING CITY CODES FOR LANDSCAPING AND PALM TREE REGULATIONS Presented by: Deputy City Manager, Rick St. John Ms. Bower read the item by title. Mr. St. John said the recommendations from the City Code Review Committee focused on the health and public safety issues, rather than aesthetics. He requested consensus on the following Code language for palm trees: "No responsible person of any property shall allow any palm tree to have dead or dry palm fronds within ten (10) feet of the ground, a structure, a fence or wall, or of any combustible other than the tree from which the fronds have grown." Councilmember Clark asked for an explanation on the difference of, "no person shall allow" and "no reasonable person of any property shall allow". Mr. St. John said from a civil standpoint, it indicated who was accountable during a court proceeding. Councilmember Clark suggested the wording "for any property." Councilmember Tolmachoff asked whether a property manager would be considered a responsible person. Mr. St. John said the manager would be responsible if he or she was designated as the responsible person in a contract. City Council Meeting Minutes - January 26, 2021 Page 4 of 7 Councilmember Tolmachoff said the Code applied to any scenario with palm fronds not within the guidelines. Mr. St. John said that was correct. Mayor Weiers confirmed consensus on the palm tree language. Mr. St. John said the following changes were being proposed regarding landscaping; Section 19-10 (b) The city sha# may accept responsibility for the maintenance and operation of all landscaping and appurtenances installed in accordance with the provisions of section 19-81 for reverse street frontage landscaping or any landscaping and appurtenances installed within other street rights-of-way, which rights-of-way are described by one of the following categories: (1) Arterial and/or secondary street rights-of-way adjacent to single- family residential areas excluding properties managed by an Homeowners Association that back onto the arterial and/or secondary street, and have a screening wall constructed on the rear property line. Section 25-21 (g) No person owning or occupying any property fronting on any street, alleyway, or public place in the city including the area between the property line of such property and the street shall allow thereon grass or weeds to exceed a height over six (6) inches when such conditions create a blighting condition or may harbor infestations or are likely to become a hazard to the public health or safety. Also, no person owning or occupying any property fronting on any street, alleyway, or public place shall allow grass or weeds to grow in sidewalk cracks, curbline openings, or other areas adjacent to the property that may create a tripping hazard. Councilmember Clark asked if the grandfathering principle would be used on issues such as on 55th Avenue. Mr. St. John said regarding changes to zoning ordinances, there was a grandfather clause. He said it was important not to diminish a person's property value in any decisions made. Councilmember Clark said the language did not resolve the issues identified on 55th Avenue. Mr. St. John felt it brought some clarity to the City's position. Councilmember Tolmachoff asked if the language regarding grass on sidewalks applied to parking lots. Mr. St. John said if the business had a parking lot that was on public property, it could be enforced. If it was a private parking lot, the ordinance could not be used. Councilmember Tolmachoff said what if the height of the grass was higher than six inches. Mr. St. John said that was correct. The language related to public space. Councilmember Malnar clarified the Code allowed for citation of a private parking lot, if weeds City Council Meeting Minutes - January 26, 2021 Page 5 of 7 were growing but fell under an ordinance. Mr. St. John said that was correct, under sub -section (g). Mayor Weiers asked for clarification on a scenario of a private residence next to a City -owned sidewalk. Mr. St. John said the resident had to keep the sidewalk clear of any tripping hazards. The language regarded landscaping. Councilmember Tolmachoff suggested adding "parking lots" to section (g). Mr. St. John said it could be added with Council consensus. Mayor Weiers said the language stated "any property." Councilmember Tolmachoff said there were several parking lots with blight and with clearer language it might be easier to enforce. Mr. St. John said it did provide clarity. Mayor Weiers confirmed consensus on the proposed language with the addition of "parking lots." CITY MANAGER'S REPORT Mr. Phelps provided an update on recent storm damage and efforts to make repairs. Mr. Phelps announced Assistant City Manager Vicki Rios was appointed by the International City Manager's Association to participate on the Leadership Institute on Race Equity and Inclusion Committee. Mr. Phelps said the City's application for $7.7 million in additional rental assistance was approved by the United States Treasury Department. CITY ATTORNEY'S REPORT Mr. Bailey provided an update on the Council item of special interest regarding redistricting. He anticipated returning to a workshop within the next 2-4 weeks. COUNCIL ITEMS OF SPECIAL INTEREST None MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Bart Turner, seconded by Vice Mayor Ian Hugh to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh City Council Meeting Minutes - January 26, 2021 Page 6 of 7 Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Other: Councilmember Jamie Aldama (ABSENT) Passed EXECUTIVE SESSION Council met in executive session at 1:25 p.m. for: • 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) • 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 Northern Avenue and Sarival Avenue that are the subject of negotiations pursuant to A.R.S. §§ 38-431.03 (A)(3)(4) Mayor Weiers adjourned the executive session at 2:38 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 2:38 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 26th day of January, 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 28th day of January, 2021. e K. Bower, MMC, City Clerk City Council Meeting Minutes - January 26, 2021 Page 7 of 7