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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/8/2022City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 Caft &77 Glendale A R I Z O N A Meeting Minutes Tuesday, March 8, 2022 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Jamie Aidama Councllmember Joyce Clark Councllmember Ian Hugh 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 Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh 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 Mayor Weiers said the order of the agenda was being changed and agenda item 2 would be presented first. 1. COUNCIL ITEM OF SPECIAL INTEREST - MONOPOLE FOLLOW UP Presented by: Don Bessler, PWLF, Director of Engineering Ms. Bower read the item by title. Mr. Bessler provided a follow-up presentation to the November 23, 2021 workshop discussion regarding site-specific information for monopole installations on City -owned property. Vice Mayor Aldama asked why poles were so condensed in the area of Northern Avenue to Camelback between 43rd Avenue and 67th Avenue. Mr. Bessler said the market typically drove demand for service. Scott September, Crown Castle, said it was possible that based on previous City requirements, wireless carriers co -located the monopoles. Vice Mayor Aldama requested additional information on other possibilities for the poles. Councilmember Clark asked if a city could create a new aesthetic standard for monopoles. Mr. Bessler said it would have to be approached legislatively at the state and national level. Most of the authority was with the federal government and staff would do its best to interpret what the rules meant. Councilmember Clark asked if the industry had installed any ornamental light poles in Glendale and if the Valley's coalition of fourteen members had considered new aesthetics. City Council Meeting Minutes - March 8, 2022 Page 2 of 9 Mr. Bessler would follow up with the information. Mayor Weiers suggested the issue be brought forward to the League of Cities. Ryan Lee, Intergovernmental Programs Manager, said staff could work with industry partners, neighboring cities and the legislature, if needed. Councilmember Tolmachoff asked how many towers on City property were 150 feet from a residence. Mr. Bessler would follow up with the information. Councilmember Tolmachoff said the pole in her district was located at a fire station and the International Association of Firefighters opposed the towers at fire stations. She asked if Council would discuss a good neighbor policy on City -owned property and a different set of guidelines. Vice Mayor Aldama supported Councilmember Tolmachoffs suggestion and asked if staff could create a draft policy for review. Mr. Bessler said with Council consensus, staff would move forward with a draft policy. Councilmember Turner agreed the current location of the pole at Fire Station 156 was not an example of the City being a good neighbor. He supported Councilmember Tolmachoff s suggestion. Mayor Weiers asked when the pole was moved at the fire station. Mr. Bessler said it was moved in 2020, perhaps 2021. Mayor Weiers recalled negotiations for covered parking for fire employees in conjunction with the installation of the pole. Mr. Bessler confirmed covered parking was one of the items included. Mayor Weiers asked if it was agreed on before its original installation or after it was moved. Councilmember Tolmachoff said the covered parking was part of the original agreement, but it was not done and was installed in 2021. Mayor Weiers asked if there was a difference in height from the original pole to the second pole. Mr. Bessler would follow up with the information. Mayor Weiers said if Council decided not to renew the contract and chose to move the pole, more people might be upset. At the time, everyone approved the pole and Council needed to figure out how to make the best of it. Councilmember Tolmachoff said if the pole was installed on right-of-way on Deer Valley Road it would not have been an issue. Mr. Phelps said it would be difficult to develop a policy that fit every scenario. He suggested City Council Meeting Minutes - March 8, 2022 Page 3 of 9 developing an administrative policy for initial discussions at the beginning of the negotiations in order to meet a good neighbor standard. Councilmember Tolmachoff asked for staff to determine if it was the only tower on City -owned property that was 150 feet from residences before a policy was drafted. Mayor Weiers said both actions could be done at the same time. Councilmember Turner said a policy that described the principals, policies, and final approval process could be drafted to be in line with being a good neighbor. Mayor Weiers confirmed consensus to move forward with drafting a policy and determining the number of poles within 150 feet from a residence. 2. CROWN CASTLE PRESENTATION ON WIRELESS TECHNOLOGY Presented by: Ryan Lee, Intergovernmental Program Manager Guest Presenter: Tim Brown, Government Affairs Manager at Crown Castle, Desert Southwest Du Le, Wireless Solutions Engineer, Crown Castle Ms. Bower read the item by title. Mr. Le provided an overview on the evolution of wireless service with emphasis on radiofrequency (RF) safety. Mr. Brown was willing to meet individually with Council to answer any questions regarding 5G technology. Councilmember Tolmachoff asked if monopoles were moved further than 150 feet from a residence, would have an impact on wireless connectivity. Mr. Brown said moving a pole up to 500 feet would have little impact on wireless connectivity. Councilmember Tolmachoff was concerned about pole placement on City -owned property and the impact on nearby residents. Councilmember Clark asked what was being done to make the poles more aesthetically pleasing. Mr. Brown explained how design aesthetics were improved as a site was upgraded. Councilmember Clark was surprised that with the advancements in technology, there was not a better solution. Mr. Brown said sometimes the efforts to camouflage a pole drew more attention to it. Mayor Weiers asked if the micro poles were going to replace the larger monopoles over time. Mr. Brown said they were not and explained how the poles worked together. Mayor Weiers asked if satellite would eventually be used. Mr. Le did not foresee satellites being used due to the capacity and need for connectivity especially in residential areas. City Council Meeting Minutes - March 8, 2022 Page 4 of 9 Mr. Brown said satellite was better used in rural areas. Councilmember Malnar agreed with Councilmember Clark on the need to improve the aesthetics of the poles. He was concerned with the safety of the technology. He confirmed that ionized rays did cause damage to the body and non -ionizing rays were not harmful. Mr. Le said that was correct. Councilmember Malnar said based on industry studies, 4G and 5G waves were not a cause for alarm. Mr. Le said that was correct. Councilmember Malnar asked if there were statistics showing that there was no correlation with cancer with increased use of cell frequencies over time. Mr. Brown said 99.8% of the population in the United States used cell phones and glaucoma rates had reduced during that time. He said based on that, there was no correlation. Councilmember Malnar asked if the correlation was the same for all cancers. Mr. Brown said glaucoma would have the highest rate if there was one. Councilmember Malnar asked for additional information from official studies. Mr. Brown provided a handout with statements from several national bodies. He said over 20,000 studies had been done with the same conclusion. He would forward additional information to Council. Councilmember Malnar asked if the Federal Communications Commission (FCC) had studies readily available on its website. Mr. Brown said that was correct. Vice Mayor Aldama referred to an article regarding a finding of the U.S. Circuit Court of Appeals suggesting there was no cause for health concerns. He agreed the aesthetics of the monopoles needed to be improved. Councilmember Tolmachoff said it was her understanding that the FCC had not issued a ruling on the safety of 5G. Councilmember Turner suggested the industry pay attention to where the mini monopoles were located in regard to private property. The burden on residents could be lessened if the poles were relocated. Mr. Brown said the small cell pole helped to distribute the location of the larger macro cell site. He would share the aesthetic concerns with his industry partners. Mayor Weiers understood the need for connectivity and looked forward to reviewing the additional material related to the safety of the poles. Councilmember Clark asked the height of the small cell sites. City Council Meeting Minutes - March 8, 2022 Page 5 of 9 Mr. Le said the small cell poles ranged from thirty to forty feet in height. 3. FY 20-21 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AND ANNUAL AUDIT UPDATE Presented by: Lisette Camacho, Director, Budget and Finance Megan Ellgen, Controller, Budget and Finance Guest Presenter: Dennis J. Osuch, CPA, Principal, Clifton LarsonAllen, LLP Yiann E. Fang, CPA, Director, CliftonLarsonAllen, LLP Ms. Bower read the item by title. Ms. Ellgen provided information on the financial statement audit requirements and steps for a successful audit. Mr. Osuch explained the new approval process. His team was working on single audits as there were additional audits required due to the American Rescue Plan Act (ARPA) funds and COVID funds received. He also explained the financial statement audit process. Councilmember Tolmachoff asked for the name of the report that had a material weakness. Mr. Osuch said the report was the Government Auditing Standards Report, commonly referred to as the "Yellow Book" Report. 4. COUNCIL ITEM OF SPECIAL INTEREST — BULK TRASH COLLECTION Presented by: Michelle Woytenko, Director, Field Operations Ms. Bower read the item by title. Ms. Woytenko provided background information on the program and said the goal was to obtain Council direction on potential expansion of the outreach and communication program and funding options. She estimated forty staff hours would be needed to determine the best management practices by reviewing other programs in the area. She requested Council consensus to move forward. Councilmember Tolmachoff asked how bulk trash could be tagged. Ms. Woytenko said the tag would be placed at the homeowner's door and staff tried to make personal contact. Mayor Weiers said there was consensus to proceed. 5. PRESENTATION REGARDING CITY CODE CHAPTER 24 REVISIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said staff was seeking Council consensus on a few amendments to Chapter 24 of the Glendale City Code, Motor Vehicles and Traffic. He said there were a few items that needed to be amended for enforcement purposes. He said consensus was being sought for an amendment to lot size distinction in Section 24-68. City Council Meeting Minutes - March 8, 2022 Page 6 of 9 Councilmember Malnar asked for confirmation that homes with 8,000 square feet to 12,000 square feet lots were being changed from the current allowance of 40 -foot width driveways to 30 -foot and the percentage allowed from 40% increased to 50%. Mr. St. John said that was correct. Both provisions would be enforced. Councilmember Malnar said the parking allowance was being decreased. Mr. St. John said the amount of linear driveway was being reduced, but there was increased leniency on the total percentage of the front yard that could be used for maneuvering. Councilmember Malnar asked if a house had a driveway that was 30 feet wide and was currently taking up 55% of the space, it would not be allowed under the 50% rule. Mr. St. John said that was correct. Councilmember Malnar asked if a circular driveway was allowable on a lot of 8,500 square feet with a 30 -foot driveway. Mr. St. John said a circular drive was not calculated in the linear footage allowed for a driveway and auxiliary drive. As long as the lot was within 40%, it would be a legal circular drive. Mayor Weiers asked if the total lot size was used. Mr. St. John said that was correct. Mayor Weiers asked why the size of the front yard was not being used. Mr. St. John said the calculation was based on the Zoning Ordinance. Councilmember Malnar was not in favor of moving forward. He suggested tabling the item for further discussion. Mayor Weiers said there was consensus to table the matter. Mr. St. John said Council consensus was being sought for an amendment to Section 24-61(b), Recreational Vehicle (RV) Street Parking. The amendment would change RV street parking from a limit of one hour to up to a 24-hour period within seven consecutive days. Mayor Weiers said a homeowner or tenant should have the same rights. Councilmember Tolmachoff asked for clarification of the seven consecutive days. Mr. St. John said staff could reword the amendment and bring it back to the voting meeting. Mayor Weiers said there was Council consensus to proceed. CITY MANAGER'S REPORT Mr. Phelps said the Gaslight Inn property in downtown Glendale was under new ownership. The new owners were motivated to get the building operational. Mr. Phelps said the Fiesta Bowl's executive director had stepped down, and Jim Hatfield would be City Council Meeting Minutes - March 8, 2022 Page 7 of 9 serving as the interim director. A national search to fill the position would soon be conducted. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Clark had previously requested a special district overlay item and requested a status report from staff. Councilmember Tolmachoff requested a discussion on sending out a resident satisfaction survey. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Bart Turner, seconded by Councilmember Lauren Tolmachoff to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 2:39 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 a property at 4705 W. 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 the Glendale Chamber of Commerce 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 at the NEC of 150th Ave and Northern Ave 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 regarding employee benefits pursuant to A.R.S. §38-431.03(A)(1)(3) . Discussion or consultation for legal advice with the City Attorney regarding the City of Glendale Sign Code pursuant to A.R.S. §38-431.03 (A)(3) . Discussion regarding appointments and matters relating to various boards, commissions and other bodies pursuant to A.R.S. § 38-431.03(A)(3)(4) City Council Meeting Minutes - March 8, 2022 Page 8 of 9 ADJOURNMENT Mayor Weiers adjourned the meeting at 4:41 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 8th day of March, 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of March, 2022. e K. Bower, MMC, City Clerk City Council Meeting Minutes - March 8, 2022 Page 9 of 9