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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 5/25/2021City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 C0% &7 Glendale A R I Z O N A Meeting Minutes Tuesday, May 25, 2021 12:30 P.M. Workshop Meeting Civic Center 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 Mayor Weiers called the meeting to order at 12:30 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Absent: Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Jack Friedline, Assistant City Manager Councilmember Turner arrived after the roll was called at 12:33 p.m. WORKSHOP SESSION 1. BIENNIAL CERTIFICATION OF LAND USE ASSUMPTIONS, INFRASTRUCTURE IMPROVEMENTS PLAN AND DEVELOPMENT IMPACT FEES (DIF) Presented by: Lisette Camacho, Director, Budget and Finance Levi Gibson, Assistant Director, Budget and Finance Rebecca Chitwood, Controller, Budget and Finance Andrew Rheem, Senior Manager, Raftelis Financial Consultants, Inc. Ms. Bower read the item by title. Mr. Rheem provided an overview which included: • Arizona Revised Statues (ARS) Requirements for Biennial Audit • Bounds of the Audit and Resources • Approach and Process Followed • Findings • Land Use Assumptions (LUA) • Infrastructure Improvements Plan (IIP) • DIF Revenues • DIF Expenses Councilmember Malnar asked how the incorrect overpayments were calculated. Mr. Rheem said it was generally due to a manual inputting error. Councilmember Clark asked how the City addressed securing non-residential enclosed structures. Jamsheed Mehta, Development Services Director, said it was not known whether a portion of the property was enclosed or there was a canopy until inspectors were at the property. City Council Meeting Minutes - May 25, 2021 Page 2 of 12 Councilmember Clark asked if the state mandated whether square footage was used in determining DIF. Mr. Mehta said it was not mandated, but the unit of measure had to make sense for the utility. Councilmember Clark asked if the customer that was accidently overcharged was reimbursed. Ms. Camacho explained the $3,000 was an under assessment and owed to the City. Councilmember Clark asked if the assessment was collected. Ms. Camacho said the collection was in process. Councilmember Tolmachoff asked what needed to happen for the LUA to rise and be at a level of concern. Mr. Rheem said it needed to lag below the anticipated growth for more than two years. Councilmember Tolmachoff asked what percentage of declining growth would cause concern. Mr. Rheem said it was a combination of each category's projections and actuals. There was not a set percentage. Mr. Gibson said the next step was to bring the final audit report to Council for a public hearing and approval. 2. PRESENTATION REGARDING REGULATIONS FOR RV PARKING, INOPERABLE VEHICLE STORAGE, AND VEHICLES UNDER REPAIR IN RESIDENTIAL ZONING DISTRICTS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John requested consensus on revisions and additions related to the parking and storage of all types of vehicles on residential property regarding the following: • Recreational Vehicles (RV) Parking and Storage • Inoperable Vehicles • Vehicle Parking/Storage • Vehicles Under Repair Councilmember Malnar supported the recommendations and said the Code related to parking in the front yard not a gated side yard or backyard. Mr. St. John said the parked vehicle could not be visible from the front boundary of a residence. Councilmember Aldama asked if a property would remain rural if it was zoned that way. Mr. St. John said that was correct. Councilmember Aldama asked for clarification on an approved surface. Mr. St. John said the requirements were for a space visible from the front of the property. City Council Meeting Minutes - May 25, 2021 Page 3 of 12 Councilmember Aldama asked if one or more RVs parked in a backyard which faced a street, unscreened and parked on dirt or grass was allowable. Mr. St. John said it was allowed, as long as the homeowner was the owner of the RV or trailers. Councilmember Aldama clarified the approved surface did not apply to parking in a backyard. Mr. St. John said that was correct. Mayor Weiers asked if license plates had to be current on an RV or trailer when stored in the backyard. Mr. St. John said they did not. Mayor Weiers asked how the City would verify whether it was owned by the homeowner. Mr. St. John said if a license plate was visible from beyond the boundaries of the lot, staff would attempt to identify the registered owner. If a license plate was not visible, staff would speak with the homeowner. Mayor Weiers said drones would not be used to obtain pictures. Mr. St. John said that was correct. Mayor Weiers said under the proposed language, a camper and a flatbed trailer would not be allowed in the front yard. Mr. St. John said that was correct. Mayor Weiers asked if the new language could be challenged in court. Mr. Bailey said based on fact -specific scenarios, there was a likelihood the City could get sued and not prevail. Mr. St. John said, based on the Fountain Hills case discussed in a previous workshop, the language change was being done within the general City Code and not the Zoning Code. Mayor Weiers did not support the item. Councilmember Tolmachoff asked if an assessment was done to determine how many properties would be affected by the change. Mr. St. John an assessment had not been done. Mr. Boling said based on feedback, it would affect a large number of properties. Mayor Weiers asked if the number of complaints was small. Mr. Boling said that was correct. There were hundreds of properties with more than one trailer. Mayor Weiers suggested increasing the limit to three trailers per property. Councilmember Clark supported the Code Review Committee's recommendations. She did City Council Meeting Minutes - May 25, 2021 Page 4 of 12 not agree with the limit increased to three but compromised with a limit of two. She clarified RVs would not be banned in Glendale. Councilmember Turner agreed with limiting the number and possibly not including landscape trailers, as they were typically being used throughout the day. Mayor Weiers recommended allowing a minimum of two trailers, otherwise he could not support the item. Councilmember Tolmachoff agreed with allowing an exemption for work purposes. She asked if cargo vans also applied. Mr. St. John said under the Code related to commercial vehicles, there was a limit of one as long as it met the appropriate gross vehicle weight rating (GVWR). Councilmember Tolmachoff asked if a van and a trailer were considered two commercial vehicles. Mr. Boling explained the vehicle would be the van and the trailer was under a separate category. If the language was adopted, the van and one trailer could be parked on the property. Councilmember Tolmachoff asked if an exception could be considered for an operable, licensed trailer used for the occupant's employment. A trailer registered under a company name should also be allowed. Councilmember Malnar said the language did not prohibit an RV and a work trailer from being parked on the same driveway. Mayor Weiers suggested the language be changed to no more than two vehicles in any combination. Councilmember Malnar agreed. Mayor Weiers said establishing the definition of an RV and trailer would help to alleviate confusion. Vice Mayor Hugh asked if an RV and a sixteen -foot trailer with a boat was considered two RVs. Mr. St. John said that was correct. Vice Mayor Hugh agreed with a limit of two. Councilmember Aldama was open to allowing an RV and a trailer. Councilmember Malnar asked whether commercial vehicles were included. Mayor Weiers said state law allowed commercial vehicles to be parked at a residence. Mr. St. Joh said that was correct. The size limitations on commercial vehicles would be addressed in the presentation. Mayor Weiers confirmed consensus on the language. City Council Meeting Minutes - May 25, 2021 Page 5 of 12 Councilmember Malnar asked if there were restrictions on living in an RV on a property. Mr. Boling said the City Code restricted living in an RV within a residential district. Mayor Weiers said there should be an exception to living in an RV for visitors. There were no RV parks in Glendale. Councilmember Clark supported the Code Committee's recommendation. Councilmember Turner said when living in an RV became an issue in a neighborhood, an inspector would address it. Otherwise, it was not an issue. Councilmember Tolmachoff said there were locations in Glendale where RV parking was allowed. She supported the restriction. Mayor Weiers asked if an inoperable vehicle could be stored on a side -yard that had grass. Mr. St. John said if the vehicle was in a screened side yard, the surface was not regulated. If unscreened, it must be on a dust -proof surface. Mayor Weiers clarified in a backyard the surface was not regulated but in a front yard, it must be on a dust -proof surface. Mr. St. John said that was correct. Councilmember Turner asked how it was enforced and whether a car cover on a vehicle allowed for more time to be brought into compliance. Mr. Boling explained the Code allowed for making repairs on a vehicle up to fifteen days on a property. He said a car cover on an inoperable car would still be a violation. Councilmember Tolmachoff asked if an inspector was allowed to walk on a property to verify if a vehicle was registered. Mr. St. John explained the violation must be viewed from beyond the boundary of the lot. Councilmember Turner said if a vehicle was parked on the street, it must be registered. Mr. St. John said that was correct. Councilmember Turner asked if the language was currently in the Code. Mr. St. John said it was a proposed change to the definition of an inoperable vehicle. Mr. Phelps said inspectors used discretion each day to enforce rules and regulations. Councilmember Aldama was open to establishing a grace period to register a vehicle. He asked Council to consider a thirty -day grace period. Mr. St. John requested consensus on the revised language for an inoperable vehicle. Mayor Weiers confirmed consensus. Mr. St. John requested clarification on language for an unlicensed vehicle. City Council Meeting Minutes - May 25, 2021 Page 6 of 12 Mayor Weiers asked if residents were typically warned before cited. Mr. St. John said that was correct. Mayor Weiers suggested maintaining the same process. Councilmember Tolmachoff said a warning would provide an additional ninety days from the point of expiration. Mr. St. John would need to discuss with staff how to adjust the process for a ninety -day period. Mayor Weiers asked if the property owner would be cited versus the owner of the vehicle. Mr. St. John said the person responsible for the vehicle would be cited. Councilmember Clark did not agree with a ninety -day period but would consider fifty days. Mayor Weiers confirmed consensus. Mayor Weiers did not have an issue with pickup trucks heavier than 10,000 GVWR as long as it was for personal use. Councilmember Malnar agreed and suggested changing the pickup truck limit to 19,500 GVWR, specifically for personal use pickup trucks. He clarified a commercial vehicle greater than 10,000 GVWR could not be stored in a front yard. Mr. St. John said a commercial vehicle could not be stored on a residential property unless in an enclosed garage regardless of GVWR. Councilmember Malnar asked if parking in a backyard would be regulated. Mr. St. John explained if the vehicle was visible beyond the boundary of the lot, it could be enforced. Mr. Boling said rural residential (RR) and SR allowed tractors and machinery however, residential districts did not allow construction equipment. Councilmember Malnar asked if a backhoe in a zoned R1-6 neighborhood would be allowed. Mr. Boling said it would not be allowed. Councilmember Malnar asked if a backhoe used for work purposes on a trailer parked in a front yard would be a violation. Mr. Boling said it would be a violation. Councilmember Tolmachoff asked for clarification on the difference between parking and storing. Mr. St. John said the Code did not use a set amount of time, rather what could visibly be seen, such as dirt and debris. Councilmember Tolmachoff asked if only one branded van was allowed on a property. City Council Meeting Minutes - May 25, 2021 Page 7 of 12 Mr. St. John said that was correct. Councilmember Tolmachoff asked if a cargo van was heavier than 10,000 GVWR. Mr. St. John said typically the vans were not heavier than 10,000 GVWR. Councilmember Tolmachoff felt using the term "storing" without a set amount a time could cause interpretation issues. Councilmember Malnar said based on GVWR, it would be a violation and the amount of time was irrelevant. Mr. St. John clarified with consensus, one commercial vehicle could be parked under the allowed GVWR, however a commercial vehicle could not be stored on residential property. Only one commercial vehicle could be parked on a residentially -zoned property. No commercial vehicles could be stored on the property. Councilmember Turner asked if one commercial vehicle was stored in the garage, would two be allowed. Mr. St. John said that would not be a violation. Councilmember Tolmachoff asked how a commercial vehicle was determined. Mr. Boling said anything with advertising for commercial purposes was considered a commercial vehicle. Councilmember Tolmachoff suggested allowing two commercial vehicles under 10,000 GVWR. Mayor Weiers supported the suggestion. Councilmember Clark agreed with storing an additional commercial vehicle in a garage but favored only one commercial vehicle parked on a residential property. Councilmember Tolmachoff suggested any combination of two RVs or commercial vehicles maximum. She did not support allowing only one commercial vehicle per property. Councilmember Malnar was willing to compromise with two commercial vehicles less than 10,000 GVWR or a 19,5000 GVWR pickup truck. Mayor Weiers was in favor of removing the advertising portion from the definition. Councilmember Malnar asked for clarification on the purposed addition. Mr. St. John read aloud the definition containing advertising on a commercial vehicle. A vehicle in excess of 20,000 GVWR was automatically classified as a commercial vehicle. Councilmember Tolmachoff opposed the language. Mr. St. John clarified the GVWR was the item which needed consensus. The number of vehicles could be added with Council's direction. Mayor Weiers asked for Council consensus to allow a vehicle up to 19,500 GVWR. City Council Meeting Minutes - May 25, 2021 Page 8 of 12 Mr. St. John asked for consensus on the GVWR for commercial vehicles allowed to be parked on a residentially -zoned property. Mayor Weiers supported the item but wanted to identify a wrapped passenger vehicle was limited at two. Councilmember Tolmachoff agreed with allowing two commercial vehicles. Mr. St. John said the vehicle must be used for the purpose of a commercial business. Advertising on a personal vehicle did not make it a commercial vehicle. Councilmember Clark did not agree with allowing two RVs and two commercial vehicles. Councilmember Clark asked if two RVs, two commercial vehicles and two personal vehicles parked in a driveway was legal. Mr. St. John said if the vehicles were on an approved surface, it was legal. Mayor Weiers confirmed consensus raising the GVWR of commercial vehicles to 19,500 pounds. Mayor Weiers confirmed consensus on moving the Code for vehicles under repair. 3. NON-DISCRIMINATION ORDINANCE Presented by: Brent Stoddard, Deputy City Manager Ms. Bower read the item by title. Mr. Stoddard presented information regarding non-discrimination laws and ordinances and information on federal, state and local actions. Mayor Weiers asked if the ordinance was approved and a vendor did not follow it, would the City be able to terminate the contract. Mr. Stoddard said a non-discrimination requirement was currently included in City contracts. Mayor Weiers suggested the ordinance become effective in sixty days to allow for public education. Councilmember Aldama recognized the Glendale Chamber of Commerce for its efforts on the topic. He asked why 0-1 employees was not used. Mr. Stoddard said tit was based on the he City of Mesa's ordinance. Councilmember Aldama asked Council to consider revising the number of employees to 0-1. Mayor Weiers rescinded his recommendation for a 60 -day effective date and supported a 30 -day effective date. Councilmember Malnar supported the ordinance as presented. Councilmember Turner supported the ordinance as presented with an effective date of thirty City Council Meeting Minutes - May 25, 2021 Page 9 of 12 days. Councilmember Tolmachoff agreed with the number of employees but felt full-time or not, an employee was an employee. She supported the effective date of thirty days. Councilmember Clark supported the ordinance as drafted with an effective date of thirty days. Councilmember Aldama said other cities used the 0-1 employee ratio. Mayor Weiers confirmed consensus on the ordinance as presented with an effective date of thirty days. CITY MANAGER'S REPORT Mr. Phelps said the property sale for the Epic Crystal Lagoons project closed on May 14, 2021. The groundbreaking ceremony would take place the second week of June. Mr. Phelps said the labor shortage would possibly impact projects coming to Glendale. The Economic Development team was working with the Arizona@Work project and Career Connections on the issue and feedback would be provided to Council. Mr. Phelps said an unsolicited offer for City -owned property had been received and an item was placed on the executive session agenda for discussion. Mr. Phelps said the City received its first half of ARPA funds totaling $29,758,305. The eligibility requirements were still unknown, but the information would be shared with Council once received. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Aldama requested the Parks and Recreation staff restart the adaptive bowling program. Councilmember Aldama asked for staff to provide a second option to the Planning Commission on the amendment related to Catlin Court. Councilmember Tolmachoff requested an update on the Business Support Services Manager. Councilmember Turner requested staff to bring forward a purposed ordinance which mirrored the City of Phoenix's racing ordinance. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Jamie Aldama, seconded by Councilmember Joyce Clark to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh City Council Meeting Minutes - May 25, 2021 Page 10 of 12 Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Other: Councilmember Bart Turner (ABSENT) Passed EXECUTIVE SESSION Council met in executive session at 3:49 p.m. for: • 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 property in the area of 53rd Avenue and Glendale Avenue 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 property in the area of Cotton Lane and Glendale Avenue pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7) • Discussion/consultation with the City Attorney to receive legal advice, to consider its position, and to provide instruction/direction to the City Attorney regarding tire shops in the City of Glendale pursuant to A.R.S. §§ 38-431.03 (A)(3) A motion was made by Councilmember Joyce Clark, seconded by Vice Mayor Ian Hugh to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Other: Councilmember Bart Turner (ABSENT) Passed Mayor Weiers adjourned the executive session at 5:02 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 5:02 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 25th day of May, 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. City Council Meeting Minutes - May 25, 2021 Page 11 of 12 Dated this 8th day of June, 2021. e K. Bower, MMC, City Clerk City Council Meeting Minutes - May 25, 2021 Page 12 of 12