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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 8/22/2023City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 05%� C&07 Glendale A R I Z O N A Meeting Minutes Tuesday, August 22, 2023 2:00 P.M. Workshop Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aidama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 2:00 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aldama 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 WORKSHOP SESSION PRESENTATION REGARDING THE UNIFIED DEVELOPMENT CODE (UDC) Presented by: Tabitha Perry, Deputy Director, Development Services Matthew Klyszeiko, with Michael Baker International, Inc. Ms. Bower read the item by title. Ms. Perry and Mr. Klyszeiko presented an update on the remaining topics of the Unified Development Code (UDC) which included the following topics: . Group homes *Neighborhood notification requirements . Recreational (adult use) marijuana establishments . Decision -making authority/interpretations Councilmember Tolmachoff asked if a minor without a disability would be placed in this type of home setting without a court order. Mr. Klyszeiko said it was being looked at as a foster home setting and the minor would be accepted within that care home definition. Minors convicted of an offense with a court order, would be placed in a home for a specific reason. Councilmember Tolmachoff suggested the text read "or minors without disability or without a court order." Councilmember Turner asked why there was wording that indicated a group home of no more than 5 or group homes of 6 or fewer. Mr. Klyszeiko said there was a technical reason for that. The Building Code looked at group homes as 5 or less. However, state law required homes with a disability as 6 or fewer to be viewed as a single-family residence. The numbers could be aligned. Councilmember Turner supported aligning the numbers if it did not interfere with the Building City Council Meeting Minutes - August 22, 2023 Page 2 of 8 Code. Mr. Bailey said the distinction should be criminally adjudicated when discussing the provisions. Mr. Klyszeiko said staff could add a definition of adjudicated. Councilmember Tolmachoff said the Department of Human Services (DHS) required neighborhood notification of who the responsible party was for the residence. She wanted to require that within the City. Mr. Klyszeiko said staff would take feedback and review what information could be released. Councilmember Malnar asked if the required language was included in the UDC under the category of group homes. Mr. Klyszeiko said it would be included. Councilmember Malnar asked if the City had zero control or regulation over a single-family residence. Mr. Klyszeiko said that due to court rulings, the City must show that it was consistent and universal in how it treated residences within the City. The City had to establish a baseline of what was allowed in a single-family residence. Councilmember Malnar asked if 5 people were residing in a sober living home, would that fall under the definition and would the City be able to enforce the requirements. He wanted the City to be able to prevent illegal sober living homes from operating. Mr. Klyszeiko said it fell under a single-family residence. The City might be able to require a business license but would not be able to enforce additional requirements. The goal was to stop illegal sober living homes. Vice Mayor Clark said the business license requirement was missing for a group care facility. She asked why it was omitted and if there was anything in Code that specified the amount of square feet per person occupying a home. Mr. Klyszeiko said the expectation was that the facility would comply by obtaining a business license. The state had minimum licensing requirements for space per number of residents for sober living homes. Vice Mayor Clark asked why the City did not have the same requirements of square feet per person in a home. She wanted a neighborhood notification process. Mr. Klyszeiko said staff had been looking at ways to provide the necessary protection and regulations which were the best fit for the City but did not want to duplicate state requirements and instead reference only City requirements. Mayor Weiers asked what the regulation was for spacing of the homes. Mr. Klyszeiko said that Housing and Urban Development (HUD) and the Department of Justice looked very closely at the spacing requirements. The City's spacing requirement was 1,320 feet and state law required 1,200 feet. Councilmember Tolmachoff asked why the homes were not considered a business if they were City Council Meeting Minutes - August 22, 2023 Page 3 of 8 being run like a business. Mr. Klyszeiko said state statutes were a roadblock in addressing issues. Councilmember Aldama asked if there was a notification process and if there was a City webpage where residents could find out if a potential sober living home would be located nearby. Mr. Klyszeiko said there was a link that shared contact information. Staff could explore other options. Vice Mayor Clark asked that the issue be brought back to Council for further discussion. Councilmember Turner asked if the license had to be renewed, and could the City send notification about the renewal. Ms. Perry said staff would work with the IT Department to develop options and return to Council with further information. Councilmember Tolmachoff asked for clarification regarding how the 600 feet was measured. Ms. Perry said the 600 feet was measured from the subject property line in every direction. Mayor Weiers confirmed consensus for neighborhood notification requirements for sober living homes. Councilmember Aldama asked if someone could have a marijuana facility license that was not currently in use and move it to a different address. Mr. Klyszeiko said that was correct. They could apply for one of the 5 locations. Vice Mayor Clark supported including childcare centers as part of the distance requirements. Councilmember Malnar agreed with Vice Mayor Clark. Councilmember Turner asked if any of the existing facilities were within the distance requirement of a childcare facility and would it create an uneven playing field. Ms. Perry said existing facilities would be grandfathered and new licenses would have new requirements. Councilmember Turner asked about the nature and number of issues that had arisen with marijuana facilities and if there had been any incidents that had required police intervention. Ms. Perry could not quantify the issues facilities have had. Staff had data regarding childcare facilities that were located next to existing establishments. She was not aware of any incidents. Councilmember Turner was not in favor of adding a distance restriction for childcare facilities. Councilmember Tolmachoff asked if the childcare facility distance requirement applied to bars. Mr. Klyszeiko said the City did not regulate childcare facilities near a bar. Councilmember Tolmachoff asked why there would be a restriction on marijuana facilities when City Council Meeting Minutes - August 22, 2023 Page 4 of 8 there was no consumption on site. Councilmember Aldama agreed with Councilmember Tolmachoff. It was almost discriminatory and was not business friendly. He asked what distance requirement was being proposed. Mr. Klyszeiko said the distance was 1,320 feet. Councilmember Aldama would support it if it was 100 or 200 feet, but not 1,320 feet. Councilmember Malnar had received complaints. He said 1,320 feet was approximately a quarter mile and it was not very much overall. He supported moving forward. Councilmember Tolmachoff asked for any information on disturbances at the marijuana facilities. Rick St. John, Deputy City Manager, was not aware of any significant disturbances at the facilities. Councilmember Tolmachoff said it was a perfectly legal business. She found it odd that there was no concern about alcohol being consumed within 1,320 feet of daycares. She agreed with Councilmember Aldama's suggestion of 100 or 200 feet. Councilmember Aldama was surprised by Councilmember Malnar's comments as they inferred that the regulation could reduce the amount of marijuana dispensaries. He asked what the regulation was meant to accomplish. If it was to reduce dispensaries, then it should have been an agenda item. Mr. Klyszeiko said the intent was to regulate marijuana establishments consistently within the City. Councilmember Turner did not support the distance requirement. Vice Mayor Clark said that the addition of childcare language would reduce the possible future number of establishments and that was presented as such. Mayor Weiers said there was no consensus on the distance requirement. Councilmember Aldama said there was no hurry and he would prefer going out to residents and community members for ideas. Mayor Weiers confirmed consensus for the decision -making authority/interpretations. 2. SPECIAL EVENTS UPDATE Presented by: Jessi Pederson, Director, Economic Development Ms. Bower read the item by title. Ms. Peterson provided an update on holiday programming and the live entertainment series during the construction phase of the reinvestment project. Councilmember Aldama asked if any trees would be lit up on Myrtle between 57th and 59th Avenues. City Council Meeting Minutes - August 22, 2023 Page 5 of 8 Ms. Pederson advised that the current plan did not have lights in that area. Councilmember Aldama asked staff to look at adding Myrtle Avenue in the light display. Councilmember Tolmachoff asked if the music would be live music. Ms. Pederson said it would be live music. Councilmember Turner asked that the lighting date be moved to the day after Thanksgiving as it was the traditional date. Ms. Pederson said that the lighting was changed after reviewing resources. It would add another week to the lighting time. Councilmember Turner said the kickoff could remain on December 1st but he wanted the lights to be on over the Thanksgiving weekend. Mayor Weiers said if the lights were turned on the day after Thanksgiving, it would be six weekends instead of five. Ms. Pederson said there would not be events on each weekend, only during the kickoff. The lights would be on from December 1 st through December 31 st . Adding Thanksgiving weekend would extend the services required to keep downtown clean for another week. Mayor Weiers asked what the cost was for adding an additional week. Ms. Pederson did not have that information. Councilmember Tolmachoff said it was the 30th anniversary of Glendale Glitters and she supported the lights beginning the day after Thanksgiving. It was important to maintain the tradition for lights to be on the day after Thanksgiving. Ms. Pederson asked Council for consensus on lights beginning the day after Thanksgiving. Mayor Weiers confirmed consensus for the lights to begin on the Thanksgiving weekend. Councilmember Aldama offered to provide funding for the additional costs since it was in his district. Councilmember Turner asked what was planned for the empty lot near the Civic Center. Ms. Pederson said staff was working on a plan to manage the rogue vendor situation. The current plan for the lot was to use it for parking. Councilmember Turner supported security in that area and for lights to be added to Myrtle Avenue. 3. OPIOID SETTLEMENT FUNDS Presented by: Rick St. John, Deputy City Manager Elise Smith, City of Glendale Public Health Fellow City Council Meeting Minutes - August 22, 2023 Page 6 of 8 Ms. Bower read the item by title. Mr. St. John and Ms. Smith provided an update on opioid settlement funds, which included: . Recap of opioid funds . Needs assessment findings . Strategies for fund disbursement . Proposal for special procurement . Regional trends and context . Efficacy of medications for opioid use disorder . Terros Behavioral and Maverick House . Request for consensus Councilmember Aldama supported the proposed plan and strategies. Mayor Weiers confirmed consensus on the approach for engaging the community on how the funds would be dispensed long term. Mayor Weiers confirmed consensus on the request for the project. 4. DOWNTOWN CAMPUS REINVESTMENT PROJECT UPDATE Presented by: Kevin R. Phelps, City Manager Ms. Bower read the item by title. Mr. Phelps provided a brief update on the Downtown Campus Reinvestment Project. Councilmember Aldama had significant concerns about Mr. Phelps' design for the space allocated for Councilmembers at the Media Center. In his opinion, it was unprofessional, disrespectful, inefficient, and lacked privacy. It was incredible that a design of that type would be implemented for members of Council. The City Manager's staff and the Mayor had private offices. Council had no input in the design. CITY MANAGER'S REPORT No report CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Vice Mayor Joyce Clark, seconded by Councilmember Ian Hugh to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aldama City Council Meeting Minutes - August 22, 2023 Page 7 of 8 Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed EXECUTIVE SESSION Council met in executive session at 4:19 p.m. for: . Discussion and/or consultation with the City Attorney regarding the City's position in pending and contemplated litigation, including settlement discussions conducted to avoid or resolve litigation related to historic landfill sites pursuant to A.R.S. §§38-431.03 (A)(3)(4) . Discussion and or consultation, to consider its position, and to provide instruction/direction regarding personnel matters in the Glendale Municipal Court, including the recruitment of a City Judge and discussion/consultation for legal advice with the City Attorney pursuant to A.R.S. §38-431.03(A)(1)(3) A motion was made by Vice Mayor Joyce Clark, seconded by Councilmember Ian Hugh to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aldama Councilmember Ian Hugh Councilmember Ray Malnar Councilmember Lauren Tolmachoff Councilmember Bart Turner Passed Mayor Weiers adjourned the executive session at 4:54 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:54 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 22nd day of August, 2023. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 29th day of August, 2023. Ye K. ower, MMC, City Clerk City Council Meeting Minutes - August 22, 2023 Page 8 of 8