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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/13/2022City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 Caft &7 Glendale A R I Z O N A Meeting Minutes Tuesday, September 13, 2022 12:30 P.M. Workshop Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Jamie Aldama Councilmember Joyce Clark Councilmember 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 Councilmember Malnar attended telephonically until his arrival at the meeting at 12:46 p.m. WORKSHOP SESSION 1. A REQUEST FOR COUNCIL TO AMEND CHAPTER 26 OF THE GLENDALE CITY CODE ADDING SECTION 26-74 PROHIBITING AGGRESSIVE SOLICITATIONS AND AMENDING CHAPTER 24 SECTION 24-161 PROHIBITING PEDESTRIANS FROM STOPPING OR REMAINING IN ANY PORTION OF THE ROADWAY DESIGNATED FOR VEHICULAR USE Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the request was focused on traffic safety and pedestrian -related incidents. The traffic safety was in connection to panhandling which commonly occurred on several street corners. He was seeking consensus on new language in Chapter 26 related to criminal activity and amended language in Chapter 24, which was specific to traffic and vehicle movement. Mayor Weiers asked if it was necessary to include "aggressive" in the language of Chapter 26. Opinion might differ on what aggressive meant. Vice Mayor Aldama asked how enforcement would be done with an aggressive person. Mr. St. John said the action of soliciting from a public sidewalk onto a roadway was considered aggressive solicitation, even if the individual was calm. It would not be considered aggressive in other public areas unless the location was listed in the ordinance. Vice Mayor Aldama said it was not necessarily the behavior of an individual, rather the location of the solicitation. Mr. St. John said that was correct. Councilmember Tolmachoff asked for clarification of Section 26-74(c). Mr. St. John said provisions of Section 26-74(d) would apply since most ATMs were on private City Council Meeting Minutes - September 13, 2022 Page 2 of 9 property. Enforcement officers had normal discretion when enforcing. Depending on the interaction with the individual, the appropriate citation or warning would be issued. Councilmember Tolmachoff asked how interactions would be tracked. Mr. St. John said patrol staff had developed a tracking mechanism to use to enforce the ordinance. Mayor Weiers suggested a distance of fifty feet in Section 26-74(c). Councilmember Clark asked if officers could begin educating individuals who were soliciting prior to the new ordinance taking effect. Mr. St. John said staff would begin an education and outreach campaign. The first offense would be a civil citation, which allowed Code Enforcement to assist with the enforcement effort. Councilmember Turner asked if there was any consideration given to making it an offense for a person in a vehicle to give to a solicitor in the same situation. Mr. St. John said that was not discussed. Councilmember Turner said it was also hazardous for a person to slow traffic to give to a solicitor. He suggested making it a citable offense for both parties involved and posting it on signage in common areas. Councilmember Clark said the person soliciting the action should be held responsible. Vice Mayor Aldama disagreed with citing a person giving to a solicitor. He asked if the proposed ordinance would prohibit individuals from soliciting for fundraising efforts. Mr. St. John was unsure if signage for a car wash fundraiser was considered solicitation or rather providing information to the public about an opportunity. Mr. Bailey said if the Council wanted to enforce the use of signs for a car wash, he suggested it be addressed within the City's sign ordinance. There was a distinction between interacting with a vehicle and holding a sign without the exchange of goods. The issue was not signage but rather the interaction of a person stepping off of a sidewalk into traffic. Vice Mayor Aldama asked if panhandling in front of a business could be addressed in the ordinance. Mr. St. John said it was addressed under Section 26-74(d). A property owner or occupant could prohibit solicitation on the property. Vice Mayor Aldama asked how to address a public sidewalk in front of a store. Mr. St. John said language could be added and asked if there was a distance that Council would support for a privately -owned business. Mayor Weiers supported a minimum of twenty-five feet in front of businesses and fifty feet near financial institutions. Councilmember Malnar supported moving forward with the purposed ordinance. City Council Meeting Minutes - September 13, 2022 Page 3 of 9 Councilmember Tolmachoff asked if Section 26-74(d) required the property owner or tenant to call for a trespass of an individual or request removal. Mr. St. John said a blanket trespass was necessary to enforce after business hours. The ordinance would prohibit solicitation at the immediate request of the owner or if a sign was posted. Councilmember Tolmachoff asked if solicitation was allowed in a median. Mr. St. John said Section 24-161(b) addressed pedestrians in a painted raised traffic island or median. If an individual remained in the median through multiple traffic signal cycles, that was a violation. Councilmember Clark said the ordinance would be difficult to enforce and might not have the desired effect. Mr. St. John said violations must be observed by an enforcement officer in order to be cited. Mayor Weiers said police officers needed a law in place in order to enforce the issue. Vice Mayor Aldama was in favor of moving forward. Councilmember Malnar asked if it was an offense if an officer observed the activity from the crime center. Mr. St. John said that was correct. Councilmember Malnar said it was important to have cameras at intersections. Mr. St. John said he would make the directed revisions and additions. Mayor Weiers said there was consensus to move forward. 2. A REQUEST FOR COUNCIL TO AMEND CHAPTER 24 OF THE GLENDALE CITY CODE ALLOWING FOR OFF-STREET PARKING ON CERTAIN AUXILIARY DRIVEWAYS ON RESIDENTIAL PROPERTIES, SETTING A MINIMUM NUMBER OF VEHICLES ALLOWED TO BE PARKED ON A RESIDENTIAL PROPERTY, AND REMOVING SECTION 24-65 (G) AS A CONFLICTING CODE Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the item was a Council item of special interest requested by Councilmember Malnar regarding auxiliary driveways. He was seeking consensus on revisions to Chapter 24 related to off-street or front yard parking. Councilmember Malnar supported the purposed language change. Councilmember Turner was concerned regarding an additional auxiliary driveway and parking for extended periods of time. He did not support allowing continuous parking on the opposite side driveway, especially for recreational vehicles (RV). Councilmember Tolmachoff asked if the language "improved driveway" instead of "dust -proof City Council Meeting Minutes - September 13, 2022 Page 4 of 9 driveway" could be used to add a concrete driveway. Councilmember Clark did not support the purposed language changes. Councilmember Malnar said after reviewing parking issues in his district, parking in auxiliary driveways was more aesthetic than what the current Code allowed. Mayor Weiers asked if it was legal for a trailer to be parked in the street. Mr. St. John said it was not unless it was attached to a vehicle. Mayor Weiers said there was a need for residents to be able to store smaller trailers and RVs at their home. If more vehicles were forced to park in the street, it increased the public safety risk. Vice Mayor Aldama asked if using a dust -proof surface was already within the City Code. Mr. St. John said that was correct. Vice Mayor Aldama asked if sidewalk damage caused by an auxiliary driveway would be enforced. Mr. St. John said it was based on the damage to the curb itself which was assessed by the Transportation Department. Vice Mayor Aldama asked if a device was used for a square curb with an auxiliary driveway, did the device have to be removed for pedestrians or street sweeping. Mr. St. John said the resident would be asked to remove the device as it could also block gutter access on the street. Mr. St. John asked if there was consensus to move forward. Mayor Weiers confirmed consensus to move forward. Mr. St. John continued with Chapter 24 Section 24-68(b) allowing one vehicle for every 400 square feet of livable space for a dwelling unit. The purposed language would set a minimum number of allowed parked vehicles to three vehicles per dwelling. Councilmember Turner suggested changing the language to allow for no more than three vehicles instead of making it a minimum. Councilmember Malnar suggested using language of allowing up to three vehicles per residence. Mr. St. John said he would include the change. Mayor Weiers confirmed consensus to move forward with the proposed language. Mr. St. John continued with Chapter 24 Section 24-65(g) regarding the parking or storing of watercraft and utility trailers on residential lots. The issue was covered in section 24-68(f) and 24-68(g) and staff recommended eliminating 24-65(g). Vice Mayor Aldama asked how parking would be addressed for backyards that faced a street. City Council Meeting Minutes - September 13, 2022 Page 5 of 9 Mr. St. John said the Code Division was currently discussing the issue and was working on how to best address it. Vice Mayor Aldama asked if the issue of screening backyards would be returned at a later date. Mr. St. John said that was correct. Mayor Weiers confirmed consensus to move forward with eliminating section 24-65(g). 3. REQUEST AMENDMENT TO GLENDALE CITY CODE CHAPTER 25 REGARDING OBSERVATION POINTS OF CITY CODE VIOLATIONS Presented by: Rick St. John, Deputy City Manager Ms. Bower read the item by title. Mr. St. John said the item regarded observation points in a screened rear yard by an enforcement officer. The purposed language allowed enforcement officers to use a fixed, elevated position to view violations. Mayor Weiers asked if enforcement officers would use it in response to a complaint. Mr. St. John said that was correct. Mayor Weiers was concerned about privacy issues. Mr. St. John said the resident was allowed privacy under the current Code. Mayor Weiers did not agree with allowing neighbors or enforcement officers to view into a backyard with a block wall. He did not support the revision going forward. Councilmember Tolmachoff asked for clarification on what could be used to view from an elevated viewpoint. Mr. St. John explained the viewpoint had to be a fixed position. Vice Mayor Aldama asked if the viewpoint could be from a roof. Mr. St. John said that would not be allowed. Vice Mayor Aldama asked if a viewpoint could be accessed from inside a home onto a balcony. Mr. St. John said it could and that a window that could view out was also permissible. Councilmember Malnar said the elevated viewpoint would be used for limited types of violations. Mr. St. John said it would relate to life safety situations. Councilmember Malnar if a parked car being worked on or an unkempt yard that was not hazardous would be a violation. Mr. St. John said neither would be a violation. City Council Meeting Minutes - September 13, 2022 Page 6 of 9 Mayor Weiers favored using technology to view backyard violations so all residents would have the same viewpoint than just those that might have a two-story home. Councilmember Turner said if the matter was to address a life safety concern, he was in favor of moving forward. Councilmember Clark was in favor of moving forward knowing it would be used with discretion and for extraordinary circumstances. Vice Mayor Aldama asked if language was included indicating it would only be used to report life safety situations. Mr. St. John said it would be drafted to include the specific language. Vice Mayor Aldama asked who would determine if a report was considered a life safety issue. Mr. St. John said the draft of the language would be specific. With Council consensus, the language would be drafted and brought back to a workshop prior to approval. Mayor Weiers asked why available internet aerial photos were not used. The photos would show probable cause to inspect. Mr. St. John said it was a civil violation, therefore, a warrant could not be obtained to enter the property. Councilmember Clark suggested using drone technology to address the code violations including life safety issues in backyards. Councilmember Malnar asked if aerial pictures from Google Earth were a viable option. Mr. Bailey said the photos were not updated regularly, which made it difficult to submit the photos to a court as best evidence of a violation. With regard to drones, the close distance needed to view a violation was generally frowned upon by the courts. Councilmember Clark asked if the intent was to use a drone to survey a neighborhood but during the survey violations were observed, could the drones be used for that purpose. Mr. Bailey said research would be required. Vice Mayor Aldama did not support utilizing resources to research the use of drones. Councilmember Malnar said the viewpoints would help to address some life-threatening violations. He asked Council to consider providing consensus to allow staff to draft the language and have the item brought back to a future workshop for further discussion. Mayor Weiers asked if any other cities allowed enforcement officers to enter private property or homes to view a violation. Mr. St. John said of the cities surveyed, at least half allowed it. The language used, "beyond the boundary of the lot", allowed officers to enter the property. Mayor Weiers said the proposal would allow enforcement officers to enter a home. City Council Meeting Minutes - September 13, 2022 Page 7 of 9 Mr. St. John clarified the proposed wording would allow an enforcement officer to take a fixed elevated position to view a violation, which could include viewing a violation from inside a home. Mr. Phelps said it would be a tool used to benefit most citizen but agreed the language needed to be narrow to allow residents and businesses privacy and focus on life safety issues. Mayor Weiers confirmed consensus to draft language and return to a future workshop. CITY MANAGER'S REPORT Mr. Phelps provided information and a short video on a cross -departmental employee giving committee lead by Michelle Yates, Neighborhood Services Program Manager, which was developed to give back to the community. Mr. Phelps said Water Services Director Craig Johnson, was retiring on November 30th, 2022. On September 30th, Ronald Serio, Water Services Deputy Director, would become the Acting Director of Water Services until Mr. Johnson's retirement. At which time, Mr. Serio would then become the Director of Water Services. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Tolmachoff said funds originally allocated for the Murphy Park irrigation replacement project were reallocated to a different project. When the reallocation was presented to Council, the funding source was not clearly identified. She requested discussion on a Council policy in which allocated funds were specifically identified if they were reallocated. Vice Mayor Aldama congratulated Mr. Johnson on his retirement. Vice Mayor Aldama requested a discussion on the elimination of the food tax at a future workshop before the budget cycle discussions began. Vice Mayor Aldama had previously requested the policy for addressing Council items of special interest. He requested an update by memo. MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION EXECUTIVE SESSION Council met in executive session at p.m. for: . Discussion of a personnel matter with the City Manager pursuant to A.R.S. §38-431.03 (A)(1) . 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 pertaining to festivals that are the subject of negotiations 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 City Council Meeting Minutes - September 13, 2022 Page 8 of 9 consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with property located at 6832 N 58th Ave, Glendale, AZ 85301 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 at 5745 W Glendale Avenue pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7) . Discussion regarding appointments and other matters relating to various boards, commissions and other bodies pursuant to A.R.S. § 38-431.03(A)(3)(4) A motion was made by Vice Mayor Jamie Aldama, seconded by Councilmember Joyce Clark to adjourn the 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 Mayor Weiers adjourned the executive session at 3:56 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 3:56 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 13th day of September, 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of September, 2022. Julie W Bower, MMC, City Clerk City Council Meeting Minutes - September 13, 2022 Page 9 of 9