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HomeMy WebLinkAboutMinutes - Minutes - City Code Review Council Committee - Meeting Date: 12/10/2020MINUTES CITY CODE REVIEW COUNCIL COMMITTEE GLENDALE CIVIC CENTER 5750 W. GLENN DRIVE GLENDALE, ARIZONA 85301 THURSDAY, DECEMBER 10, 2020 5:00 PM CALL TO ORDER The meeting was called to order at 5 PM. ROLL CALL Committee members present: Vice Mayor Ray Malnar, Councilmember Joyce Clark, Yvonne Knaack, Ron Short, Michael Socaciu, Councilmember Bart Turner, Camille Donley, Rich LeVander, Barbara Lentz, and Warren Wilfong are all present. Committee members absent: none City staff present: Lisa Collins (Interim Development Services Director), Rick St. John (Deputy City Manager, Public Safety), and Shannon Beck, (Council Assistant) were present. CITIZEN COMMENTS There were no citizen comments made. APPROVAL OF THE MINUTES After minor corrections, a motion to approve the October meeting minutes was made by Ms. Knaack and seconded by Councilmember Clark. All were in favor, and none opposed. UNFINISHED BUSINESS AND POSSIBLE ACTION A. HOLIDAY DECORATIONS (Peoria Model) Mr. St. John began discussing Peoria's holiday decoration codes. They're in two places: the general city code and in the zoning ordinance. Essentially, decorations will be displayed for a maximum of 60 days, must be nicely displayed, and cannot be a hazard. Mr. St. John noted this would be difficult to enforce when the 60 -day time period would start. Mr. St. John recommended borrowing the language from Peoria. Ms. Knaack made a motion to move forward on the language read by Mr. St. John from the Peoria language, and it was seconded by Councilmember Turner. Mr. Socaciu posed a question about whether or not there should be a maximum amount of time decorations can be up and operational. Mr. St. John noted that it would be quite unlikely to have someone make the argument that their decorations are for every holiday. Councilmember Turner suggested creating specific dates or limitations for each holiday. Mr. St. John is hesitant to be too prescriptive because doing so could be cause for people feeling as though their rights are being violated. Councilmember Clark agreed with Mr. St. John. All were in favor of the above motion. Vice Mayor Malnar asked Mr. St. John to provide the specific wording, and he provided the following: Holiday Decorations — Glendale City Code Chapter 25 Nuisances • 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 and 30 days after the relevant season, 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. B. RESIDENTIAL COMMITTEE ITEMS 1. vegetation amendment 2. weeds and grass on desert landscape Councilmember Turner did not have final language to share, but he suggested presenting their goals and ideas to the city attorney to have them draft the correct language. The biggest concerns are dead or partially dead vegetation. He also noted that regulating aesthetics is difficult, and due to this, the wording would be most successful if it focuses on health and public safety. Vice Mayor Malnar suggested having similar plan as the palm fronds (in this case, palm fronds could be an insect problem). Mr. Wilfong asked how to address dead vegetation and the removal in a desert landscape lawn. Councilmember Turner asked how the city would be able to regulate this. Vice Mayor Malnar asked Councilmember Turner to run their ideas by the city attorney and then share it with Mr. St. John. Councilmember Turner agreed. C. RIGHT OF WAY LANGUAGE 1. Rick St. John Mr. St. John said the city suggests removing the word "shall" from section 19-10 (b) (see below for details. In section C 19-10 (1), it's suggested to add "excluding multi -family housing properties or properties managed by an HOA" Vice Mayor Malnar made a motion to accept the "shall" change in section 19-10 (b). The motion was made by Councilmember Turner and seconded by Councilmember Clark. Mr. Wilfong asked who handles the storm drains, and it was determined the water district handles this. All were in favor, and none opposed. Vice Mayor Malnar asked for a motion in section C 19-10 (1). The motion was made by Mr. Wilfong and seconded by Councilmember Clark. All were in favor, and none opposed. Vice Mayor Malnar asked if there should be verbiage added noting the homeowner is responsible for maintaining property and vegetation up to the curb. Ms. Collins explained it could be confusing if the city maintains the sidewalk and the resident is supposed to maintain the vegetation up to the curb. Ms. Knaack said there should be a definitive code for this. Councilmember Turner recalled growing up in Glendale, it was evident that the parkways and the sidewalks were meant to be maintained by the residences. Councilmember Clark noted the responsible party needs to be clearer. Vice Mayor Malnar asked Mr. St. John to confer with attorneys and business planning consultants, and then the committee will revisit this. E • Right of Way Language – Sec 19-10 Required landscape maintenance (b) The city (remove "shall")accepts 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 (add "excluding multi -family housing properties or properties managed by an HOA")that back onto the arterial and/or secondary street, and have a screening wall constructed on the rear property line. (2) Arterial street rights-of-way adjacent to single-family residential areas that side onto the arterial street, and which have a screening wall constructed on the side property line. (3) Bridle trails, bicycle paths and multi -use recreational facilities within city limits. (4) Median islands on arterial and secondary public streets within the city. (5) All alleys within city limits. (6) Street rights-of-way abutting municipal public facilities. (7) Street landscaping within districts specially approved or created by city council. (8) Flood control facilities which have been accepted for operation and maintenance by the city. (c) Prior to the city accepting for maintenance any reverse street frontage landscaping or other street right-of-way landscaping described in the foregoing subparagraph (b), the following conditions shall have been satisfied: 1. Responsibility for maintenance should be clearly indicated in the approved landscape plan (2) The landscaping shall be inspected and approved by the city for compliance with the approved landscape plan. (3) The subsequent completion of a sixty-day maintenance period wherein the developer shall be responsible for all watering, weeding, and replacement of all dead or dying plant materials. (4) A final inspection called by the developer or his representative at the completion of the sixty-day maintenance period resulting in final approval and acceptance by the city. DISCUSSION AND ACTION ON SUBCOMMITTEE RECOMMENDATIONS A. COMMERCIAL COMMITTEE — YVONNE KNAACK Last meeting, addressing vacant building standards was noted, and it has been addressed. According to Ms. Knaack, there aren't many vacant properties, but a prominent one is the abandoned Shell station on 83rd. Unless it's a health and safety issue, the building cannot be torn down by the city. It seems as though the city is doing all they can to enforce their codes. Mr. Bailey said the city will ultimately foreclose on the property, which forces them to sell the property. Councilmember Clark asked if this has happened yet, and Mr. Bailey said not yet, but it likely will soon. Councilmember Turner said it sounded like the property owner in particular does clean it up when needed, so a lien and foreclosure isn't a possibility. He suggested a city demolition program to help the property owner. 3 Mr. Bailey asked to clarify if the Shell station was abandoned or vacant, and the committee clarified that it's vacant. Mr. Socaciu has brought up this property regularly, and he said over time, the city constantly gets involved in order for them to maintain the property. Chairperson Clark said the property has been sold recently, and the new owner will be submitting plans in the near future. Ms. Knaack asked if there are consequences for repeat offenders in situations such as this, and Vice Mayor Malnar suggested Mr. St. John consider pursuing some language development for that. Mr. Socaciu asked if there are any regulations for temporary fencing, and Vice Mayor Malnar said temporary fencing is an addition that doesn't relate directly the vacancy of the property. Mr. Socaciu suggested time limitations for this type of fencing due to it damaging the aesthetic of the community. Vice Mayor Malnar asked the parking committee to look into drafting regulations for the temporary fencing. B. RESIDENTIAL COMMITTEE — COUNCILMEMBER BART TURNER Councilmember Turner had nothing to report. C. PARKING COMMITTEE — WARREN WILFONG Discussion on allowance of vehicles parked in backyard Mr. Wilfong had nothing to report. D. MISCELLANEOUS COMMITTEE — RON SHORT Memo on Rental Properties Mr. Short and Mr. Wilfong looked into the Arizona Landlord & Tenant Act, and they define a residence as a slum in various ways (fire damage, water damage, no drinking water, dangerous gas/electric systems, etc.). The solution is Arizona law requires the landlord to make repairs. The second issue is rental taxes not being paid. The city has residential tax rates of 2.2%. The third problem is nuisances; single-family areas are about 20% of rentals. Typically, there's overcrowding in these rentals (many people living in one place, several cars parked at one resident regularly, etc.). The suggestion was to strictly define the word "family," but that would be problematic. Mr. Short noted there isn't much the committee can do in the way of making changes and progress with rentals. Mr. Wilfong noted most of the rentals in the area don't report their residential tax rates of 2.2%. Mr. Wilfong explained there's no avenue to report a rental property as a rental. Mr. Socaciu suggested having a way to ensure the property is being taxed appropriately. Mr. Socaciu suggested adding this information in upcoming water bills. It was also noted the requirements for rental properties are unclear or not enforced. Vice Mayor Malnar asked the committee to read through the rental property requirements and take notes for the next meeting. After Mr. St. John looks into the rental property details, the Commercial Committee will also look into this. NEW BUSINESS Rick St. John, Deputy City Manager A. ITEM 10 FROM MEMO RECOMMENDATIONS (SALE OF VEHICLES, PROOF OF REGISTRATION) There was a suggestion to amend the sale of vehicles on a private property. Currently, it reads no more than three vehicles can be sold on one property for a whole year, and if they sell more, they must register as a dealer. After Mr. St. John discussed this with the city, the group decided there doesn't need to be any changes made to this. Mr. Socaciu asked how often this is 4 an issue in the city, and Mr. St. John noted that it's fairly common for people to be unauthorized dealers. Councilmember Turner brought up "curbing," which is when people sell cars in a more public area. This does occasionally happen, but Mr. St. John noted it is difficult to prove this and enforce city laws. Mr. St. John said there's language present in city codes addressing displaying vehicles on public and private properties; there are distinct differences between them, and Mr. St. John will clarify these differences in the next meeting. B. ITEM 17 FROM MEMO RECOMMENDATIONS (RESIDENTIAL COMMERCIAL & BUSINESS TRAFFIC) Mr. St. John asked if the committee is referencing properly licensed businesses in residential districts, and that was correct. Vice Mayor Malnar asked what the appropriate level of traffic would be allowable in a residential business. A major concern is how this would be enforced. Ms. Collins added that since this is a home occupation, this is a class II, which requires a use permit with conditions of approval (such as hours of operations). The code would be enforced based on the specific conditions for each business. Vice Mayor Malnar asked if this would need to be city code or not. Ms. Collins said the neighbor complaining would have to contact City Planning. Councilmember Turner provided an example of this occurring, and when the neighbors brought it to the city's attention, it was corrected. Vice Mayor Malnar asked if there is anywhere in the nuisance code that address the city protocol for such situations. Ms. Collins said it might be a good idea to draft a property maintenance code. Vice Mayor Malnar asked the committee to follow up with this later. Mr. St. John noted how difficult it will be to monitor or enforce vehicle trips on a street due to having to be forced to define "excessive" vehicle trips. Councilmember Turner noted 7.304 explicitly says no outside employees, no customer traffic, etc. and if it doesn't align, the businessperson would have to obtain commercial use authorization. Vice Mayor Malnar asked Mr. St. John to proceed with researching this and revisit in the next meeting. C. ITEM 18 FROM MEMO RECOMMENDATIONS (BARKING DOGS) This will be addressed in the next meeting. UPDATES AND PRESENTATIONS A. DEVELOPMENT SERVICES There aren't any updates from Development Services. B. CODE CONSULTANT There aren't any updates from Code Consultant. C. RICK ST. JOHN, DEPUTY CITY MANAGER There aren't any updates from Mr. St. John. D. MICHAEL BAILEY, CITY ATTORNEY There aren't any updates from Mr. Bailey. COMMITTEE COMMENTS AND SUGGESTIONS AND TOPICS FOR NEXT MEETING Topics for the next meeting: barking dogs, landscaping issues, repeat offenders (commercial), nuisances, and definitions of rental properties. �i NEXT MEETING The next regular meeting of the City Code Review Council Committee will be held Thursday, January 28, 2021, at 5 PM, at the Glendale Civic Center, 5750 W. Glenn Drive, Glendale, Arizona, 85301. ADJOURNMENT Vice Mayor Malnar adjourned the meeting. The meeting adjourned at approximately 6:40 PM. [01