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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/23/2021City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 Glendale A R I Z O N A Meeting Minutes Tuesday, November 23, 2021 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aidama 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 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. DISCUSSION OF UNIFORM BYLAWS FOR ALL BOARDS, COMMISSIONS AND COMMITTEES Presented by: Michael Bailey, City Attorney Ms. Bower read the item by title. Mr. Bailey reviewed the draft uniform bylaws that would apply to all boards, commissions and committees. The draft bylaws were reviewed by the Government Services Committee (GSC) and the City Clerk's Office. With consensus to move forward, an ordinance would be brought back to a voting meeting for adoption of the uniform bylaws. Councilmember Aldama asked after Council approval, how would the commissioners be updated. Mr. Bailey said each board and commission would be updated with an agenda item. Mayor Weiers said there was consensus to move forward with an ordinance. 2. PROPOSED 2022 LEGISLATIVE AGENDA Presented by: Ryan Lee, Intergovernmental Programs Manager Brent Stoddard, Deputy City Manager Ms. Bower read the item by title. Mr. Lee presented the Legislative Agenda for 2022 and requested Council consensus to move forward.The legislative priorities were: Fiscal Sustainability Economic Development City Council Meeting Minutes - November 23, 2021 Page 2 of 10 Land Use Planning Military Preservation Neighborhoods Public Safety Transportation Water Mayor Weiers asked Mr. Lee to report on the discussion regarding the Proposition 400 Transportation Sales Tax Extension. Mr. Lee said two meetings were held with state representatives and Mayor Weiers to discuss the plan for enabling the legislation and the ballot initiative for Proposition 400. Councilmember Clark asked what the status was for legal advertising to be posted online versus printed in a newspaper. Mr. Lee said the League of Arizona Cities and Towns would not support the item because it had not gone through its legislative process. With Council direction, he would work with the City's contract lobbyists to move a bill forward. Mayor Weiers asked Mr. Lee to move forward with legislation to allow all government entities to post legal notices online. Councilmember Clark asked if it would be better to wait a year to get support from the League of Arizona Cities and Towns. Mr. Lee said it would be best to go through the League's process to obtain its support. The City would be facing possible obstacles especially if other cities did not support the matter. Councilmember Tolmachoff asked if it was a timing issue with the League and if the matter had been discussed previously. Mr. Lee said it was a timing issue. He recalled a previous bill from 2012 which did not make it out of its initial committee. Mr. Stoddard said publishers had engaged with stakeholders and the bill lost its support. He believed moving forward without League support would have the same outcome. Other cities had indicated they would not support the initiative. Mayor Weiers said, based on his 8 years in the legislature, he favored moving forward in 2022 with or without the League's support. If the bill was unsuccessful, strategies could be determined for the following year. Councilmember Aldama agreed with Mayor Weiers' suggestion. Councilmember Clark also agreed with moving forward. Councilmember Tolmachoff said there was a benefit to going through the League's process. Councilmember Turner said the Council Item of Special Interest process should be used to forward an item to the League. Councilmember Clark said the Council Item of Special Interest process was not previously used to develop topics for the legislative agenda. City Council Meeting Minutes - November 23, 2021 Page 3 of 10 Councilmember Tolmachoff believed the odds were in the City's favor if the topic went through the League's process and if unsuccessful it could be pursued independently. Mayor Weiers said it would be a multi-year process to get the item through. Councilmember Aldama believed residents would be in support of the item. Councilmember Tolmachoff asked how much was spent on legal advertising annually. Ms. Bower said approximately $15,000 was spent in the last fiscal year. Vice Mayor Hugh agreed to move forward. Councilmember Malnar also supported moving forward. Mayor Weiers confirmed consensus to move forward. 3. PROPOSED 2022 SOLID WASTE RESIDENTIAL RATES Presented by: Michelle Woytenko, Director, Field Operations Amy Moreno, Solid Waste Management Superintendent Ms. Bower read the item by title. Ms. Woytenko provided an overview which included: Solid Waste Rate History Services Provided Innovations and Efficiencies Rate Objectives Cost of Providing Services Options Councilmember Aldama asked if there was data to support the cost increase for materials and supplies. Ms. Moreno did not have the information, but said other cities had increased costs. Staff would work on compiling the data. Councilmember Tolmachoff asked for an example of an indirect cost. Ms. Woytenko said other than salaries and insurance, the proportional support was paid back to the General Fund each year. Councilmember Aldama asked what the anticipated costs would be when residents went back to work, similar to pre-COVID. Ms. Woytenko said there was no indication that the volume would be leveling off in the near future. Mayor Weiers said population growth in the City also played a factor in the volume level. Ms. Woytenko said tons per household per month were tracked and it had gone up each year City Council Meeting Minutes - November 23, 2021 Page 4 of 10 since 2017. Councilmember Clark asked why the orange line symbolizing revenue on the residential budget projections slide was flat. Ms. Woytenko said the orange line gradually increased over time and was based on the residential growth projections. Councilmember Tolmachoff was in favor of option three of the potential rate adjustments options. She said it was the lowest overall increase, but it had the biggest impact on the fund balance. Councilmember Malnar was concerned about the impact to residents and wanted to minimize upfront costs. He favored moving forward with option one or two. Mayor Weiers was in favor of keeping the upfront cost lower but still eventually accomplishing the same end result. He favored moving forward with option two. Councilmember Clark was in favor of option two or option three but would support the majority decision. Vice Mayor Hugh favored option two. Councilmember Aldama supported option two. He asked if there was a recommendation from the Citizens Utility Advisory Commission. Ms. Woytenko said the Commission favored option two and three but recommended all the options be presented. Councilmember Turner appreciated the results of the survey showing the quality of service provided to residents. He asked how the revenue shortfall in earlier years of the graph was made up and if any of the options met the fund balance limit per the Council policy within five years. Ms. Woytenko explained the fund balance was drawn down in each of the scenarios, more so with option one. Option two would meet the limit, while option three would be slightly above the set limit. Councilmember Turner preferred a consistent increase over five years to get to the fund balance goal. Councilmember Tolmachoff asked if the ideal limit within the fund balance was $2.5 million. Ms. Woytenko said the fund balance requirement was 10% of operating expenditures which equaled about $2 million. Ms. Woytenko requested Council consensus on the additional container rate increase. Mayor Weiers confirmed consensus on option two and the additional container rate increase. 4. COUNCIL ITEM OF SPECIAL INTEREST - CELL TOWER LOCATED AT FIRE STATION 156 Presented by: Donald Bessler, PWLF, Director of Engineering City Council Meeting Minutes - November 23, 2021 Page 5 of 10 Ms. Bower read the item by title. Mr. Bessler provided background information on the mono pole located at Fire Station 156 and concerns raised by neighbors adjacent to the facility. Mayor Weiers asked how much the landscaping and other funds were. Mr. Bessler said an additional $75,000 was appropriated by Council to be used for the facility, in addition to Councilmember Tolmachoffs district funds. Mayor Weiers asked the amount of the landscape allowance. Councilmember Tolmachoff said it was $2,000 per resident and five residents participated. Councilmember Tolmachoff said residents had safety concerns on the long-term effects of radio frequencies and 5G exposure. The International Association of Fire Fighters did not want poles on fire station property for the safety of fire fighters. She requested that the cell tower lease not be renewed as the safety of radio frequencies was not known. Councilmember Aldama was supportive of Councilmember Tolmachoff's request. He asked if there were other poles that would have a similar effect to residents and if so, what was being done. Mr. Bessler said there were ninety-nine large cell towers throughout the City, with fourteen on City property. The City had limited authority on the placement of cell towers and moving one to another place did not necessarily address possible health issue concerns. Councilmember Aldama asked how it was possible to remove the cell tower at Fire Station 156 but not any of the others. Mr. Bessler said because the cell tower was located on City property, the City had some authority per the agreement. The cell towers located in City rights-of-way were installed per the construction permitting process and would not necessarily have an agreement. Councilmember Aldama asked of the ninety-nine cell tower poles located on public property, how many caused the same safety and aesthetics issues. Mr. Bessler said most of the poles were located on private property and a majority of the neighboring residents had aesthetic concerns. The Federal Communications Commission (FCC) regulated the poles, and the City did not have the authority to address concerns. Councilmember Tolmachoff asked how many cell towers were located at fire stations in Glendale. Mr. Bessler said the only one he could recall was at Fire Station 156. Councilmember Tolmachoff said it was a possible carcinogenic issue for fire fighters who already had job hazards with cancer. The design guidelines were not followed when the pole was installed. Mr. Phelps clarified that the City Code required steps be taken to minimize the impact of a pole's aesthetics. The pole was designed to minimize impact to the area. Co -location was used to minimize the number of poles installed in the area. City Council Meeting Minutes - November 23, 2021 Page 6 of 10 Councilmember Clark agreed removing the pole would be preferential treatment. She asked of the fourteen poles on City property, how many were leased or generating revenue. Mr. Bessler would follow up with the information. Based on the industry standards, it would be typical that there was a revenue -generating component. Councilmember Turner was willing to consider terminating the lease in the future. He requested the locations, photos, revenue and contract terms for the poles located on City property. Councilmember Malnar was concerned with the lack of regulations on 5G towers. He agreed that a pole should not be around living quarters. Councilmember Aldama was not aware the item was related to fire fighter safety. If the cell towers were a health risk, he was in favor of removing all of the towers on City property. Councilmember Tolmachoff said the concern was recently brought to her attention. She suggested bringing the item back to a future workshop with more information. Mayor Weiers was undecided whether the issue was a residential issue more than a fire fighter issue since fire fighters were usually out on calls. He was concerned about the money spent to address the aesthetic concerns. He had no issue bringing the item back to a workshop for further discussion. Councilmember Tolmachoff said per the design guidelines, trees should have been planted when the pole was installed. Mayor Weiers confirmed consensus to bring the item back for a more in-depth discussion at a future workshop. 5. THRASHERLAND ANNEXATION APPLICATION AN -232 FOR FIVE ACRES LOCATED NORTH OF GLENDALE AVENUE AND WEST OF THE 115TH ALIGNMENT Presented by: Tabitha Perry, Interim Planning Manager Ms. Bower read the item by title. Ms. Perry provided background information on Thrasherland LLC and the remaining five -acre parcel at the northwest corner of Glendale Avenue and the 11th Avenue alignment. The applicant was requesting the City annex and rezone the property to M-2 for heavy industrial. Once the property was annexed, it would be part of a forty -acre site which could be developed in the future. Staff was seeking input and direction on the proposed annexation. Mayor Weiers asked if the parcel was a previous mining site. Ms. Perry said it was close to the sand and gravel pit. Mayor Weiers asked what would prevent the owners from turning the site into a landfill and potentially competing with the City. Ms. Perry said, through the application process, the site would remain the same for at least five years then be developed for a different use. Adding a stipulation addressing the land use could be evaluated for the site. Mayor Weiers asked if the site would remain a mining operation for at least five years. City Council Meeting Minutes - November 23, 2021 Page 7 of 10 Ms. Perry said the applicant's plan was to develop the site for heavy industrial development in five or more years. Mayor Weiers requested future discussion on the possible land uses. Ms. Perry would work with the applicant to return for further discussion. Councilmember Clark shared Mayor Weiers' concern and asked if a stipulation could be added on the site's future use. Ms. Perry requested the opportunity to complete the rezoning process. Councilmember Turner requested a time frame and more information on the intended use of the forty acres. Ms. Perry requested Council consensus to proceed with the annexation application. Mayor Weiers confirmed consensus to move forward with the application and provide additional information to Council. CITY MANAGER'S REPORT Mr. Phelps provided copies of a new report, the Commercial Vacancy Outreach Program, developed by the Economic Development Department to address vacant properties throughout the City. Staff would be working with the property owners or representatives to locate tenants. Mr. Phelps addressed the timing issue between the Planning Commission and Council meetings, which left a very small window to input information for the Council agendas. He spoke with the Planning Commission's Chair about changing the meeting dates to allow staff more time to input report information and be sure information was correct. He requested the Government Services Committee consider the schedule change to begin in January 2022. Mr. Phelps said several City departments would be open over the Thanksgiving holiday and thanked staff for working over the break to continue to provide services to residents. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Aldama thanked staff for its work at the lighting ceremony at Murphy Park. Councilmember Clark wished Glendale employees a happy Thanksgiving. Councilmember Tolmachoff requested when a festival was significantly changed or renamed, that Council be involved when decisions were being made. Councilmember Turner was concerned about the removal of the Automated External Defibrillators (AED) from all City buildings due to budget constraints. He would like information on what would be needed to get the AEDs back in facilities. City Council Meeting Minutes - November 23, 2021 Page 8 of 10 Councilmember Clark supported Councilmember Tolmachoffs request regarding events. Mayor Weiers was also at the lighting ceremony at Murphy Park and felt it was a positive change. He requested staff explore opportunities for naming rights for the Camelback Ranch stadium to possibly generate revenue. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Joyce Clark, seconded by Councilmember Lauren Tolmachoff to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 3:03 p.m. for: . Discussion regarding appointments and matters relating to various boards, commissions and other bodies pursuant to A.R.S. § 38-431.03(A)(3)(4); . 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 55th Avenue and Union Hills Drive pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7); . 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 and the Hockey Team 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 91st Avenue and Cardinals Way that are the subject of negotiations pursuant to A.R.S. §§ 38-431.03 (A)(3)(4); and . Discussion/consultation with the City Attorney to receive legal advice, to consider its position, and to provide instruction/direction to the City Attorney regarding Glendale's Municipal Court pursuant to A.R.S. §§ 38-431.03 (A)(3) A motion was made by Councilmember Lauren Tolmachoff, seconded by Councilmember Bart Turner to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama City Council Meeting Minutes - November 23, 2021 Page 9 of 10 Councilmember Joyce Clark Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed Mayor Weiers adjourned the executive session at 4:28 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:28 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 23rd day of November, 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 2nd day of December, 2021. K. Bower, MMC, City Clerk City Council Meeting Minutes - November 23, 2021 Page 10 of 10