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