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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/12/2023 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 C10*�"- IIN7 Glendale A R I Z O N A Meeting Minutes Tuesday, September 12, 2023 12:30 P.M. Workshop Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Joyce Clark Councilmember Jamie Aldama 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 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 1. PERFORMANCE BASED CONTRACTS UPDATE Presented by: Michelle Woytenko, Director Field of Operations Charles Thomas, Deputy Director of Field Operations Ms. Bower read the item by title. Ms. Woytenko requested consensus to bring back two contracts for formal Council approval. She said that there had been six formal meetings and workshops discussing the performance -based contracts. Information discussed at the previous meetings and workshops included: . Length of contracts . Measuring and verifying savings . Maintenance plan . Verify rebates or solar tax credit incentives come back to City Mr. Thomas presented information regarding the structure of the contracts. Councilmember Tolmachoff asked if the numbers presented were the guaranteed numbers. Mr. Thomas said that was correct. If consensus was reached today, those would be the final numbers. Councilmember Aldama asked if the guaranteed maximum amount had a stipulation to absorb costs on items ordered in the future and when projects would start. Mr. Thomas said the guaranteed maximum amount included the full package of the projects. He said the goal was to start as soon as possible after consensus. Councilmember Tolmachoff asked for a brief explanation of Project 1 and Project 2. Mr. Thomas said Project 1 was for library and park upgrades. Project 2 was upgrades at other City Council Meeting Minutes - September 12, 2023 Page 2 of 11 facilities. There was consensus to move forward. 2. UPDATE ON EXCISE TAX OBLIGATIONS REFUNDING AND REVIEW OF CASH OPTIMIZATION PLAN Presented by: Levi D. Gibson, Budget and Finance Director Tom Carlson, RBC Capital Markets, LLC Ms. Bower read the item by title. Mr. Gibson provided an update on refunding of outstanding excise taxing 2012B and 2012C. Mr. Carlson provided information about a new financing tool for the City to utilize in the upcoming 2023 bond issue. Councilmember Tolmachoff asked if the savings included the cost to call the bonds early. Mr. Carlson said the savings were included in the cost. Councilmember Tolmachoff asked if the City would pay interest through the early call date. Mr. Carlson said that was correct. Vice Mayor Clark asked if the City was paying off the 2015 bonds now and waiting to reissue new bonds at a later date. Mr. Carlson said the City would not be paying off the 2015 bonds now. Councilmember Tolmachoff asked if the General Fund would be repaid. Mr. Carlson said that was correct. Mayor Weiers confirmed consensus to move forward. 3. 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 presented information on group homes and marijuana regulations within the draft Unified Development Code (UDC). Mr. Klyszeiko presented information regarding: The types of group homes and their requirements and regulations o Residential Care Home for 6-10 o Residential Care Center for more than 11 people o Group Care Facility Councilmember Tolmachoff was all right with requiring evidence of the required Department of Health Services (DHS) notification to the City. City Council Meeting Minutes - September 12, 2023 Page 3 of 11 Mr. Bailey said the City would expect DHS to fulfill its requirement and the City's obligation would be to follow DHS' lead to make sure there was compliance with the current status of the law as it applied to DHS. Councilmember Tolmachoff asked if the City could legally require evidence that DHS had fulfilled that obligation. Mr. Bailey said that the City could ask if the application for a license had been complied with. Councilmember Tolmachoff asked if the City could require evidence about what might be happening at the home. Mr. Bailey said the City could not treat group homes differently than other businesses by asking the homes additional questions. Councilmember Tolmachoff asked if any of the sober living homes had completed the neighborhood notification. Rick St. John, Deputy City Manager, said he was not aware of any. Vice Mayor Clark agreed with Councilmember Tolmachoff. The City had not created distinctions between group homes. It was a state requirement. It was fair to require verification that the licensing requirements had been met, including neighborhood notifications. Mr. Bailey said the City could implement a notice requirement as to whether the home was complying with state law, but if the City did not like something it could be considered a discriminatory act. It was not part of the UDC. Vice Mayor Clark asked why the City could not refine the questions to include notification to the neighborhood. Mr. Bailey said the City would be refining the questions only to residential home care facilities and that was discriminatory. Vice Mayor Clark asked if an alternative solution could be to require all state licensed facilities to provide the same information. Mr. Bailey said that would minimize the risk. Mr. St. John agreed with Mr. Bailey. There was a difference between the UDC and enforcement of the UDC. Vice Mayor Clark asked why, if the City knew that the state had not followed through on notifying neighborhoods about sober living homes, it certified the homes. Mr. St. John said the City had not licensed any of the homes. Mayor Weiers said the Legislature needed to be involved in the issue. Councilmember Tolmachoff asked if the City could request information about the responsible party contact information. Mr. Bailey said that was still discriminatory. The City would need to request that information for City Council Meeting Minutes - September 12, 2023 Page 4 of 11 all home -based businesses. Councilmember Malnar said if there was a violation, the City could ask if the home had fulfilled all requirements of state law including notifying the neighborhood. Mr. Bailey said that could be done during enforcement. Mayor Weiers said there was consensus to proceed with the adoption process of the UDC with a text amendment at a future workshop. Ms. Perry said the second item on the draft UDC regarded recreational marijuana language and the proximity to childcare centers. Mr. Klyszeiko presented information regarding the different types of establishments and reminded Council that the zoning requirements were different for the varying types of establishments. Councilmember Aldama asked about potential new dispensaries being able to open in specific locations. Mr. Klyszeiko said that some of the new dispensaries were too close to existing dispensaries and could not open. Councilmember Aldama asked if that meant that only one dispensary would be able to open in the western portion of the city. Mr. Klyszeiko said that was correct. Councilmember Aldama asked if there was data that supported having a childcare facility closer to a dispensary caused harm to children and staff. Mr. Klyszeiko was not aware of any studies that looked at the impact of the facilities. Councilmember Aldama was concerned that no data was available and that it was harmful to the dispensaries. He did not approve of the decision and wanted to see data regarding how dangerous it was to have dispensaries closer than 1,000 feet to a childcare facility. Councilmember Tolmachoff did not believe distance was an issue but perhaps the facilities should not share a common wall with a childcare facility. Councilmember Malnar asked for clarification regarding other cities and restriction of distance to daycare centers from dispensaries. Mr. Klyszeiko said there were other cities that restricted the distance to daycare facilities. Councilmember Malnar said the City should follow the same guidelines as other cities. Vice Mayor Clark supported Councilmember Malnar's comments. Childcare centers and marijuana dispensaries should be 1,320 feet apart. Councilmember Turner said the other cities had random distance requirements. He did not believe that the City should restrict the distance. Councilmember Aldama said that nothing in the other cities' ordinances stated the distance City Council Meeting Minutes - September 12, 2023 Page 5 of 11 was because of health issues or health concerns. He asked if there had been any complaints from residents that dispensaries were causing health issues to childcare facilities. Ms. Perry said there had not been any complaints. Councilmember Aldama would not support the distance regulation. Councilmember Hugh said if there was a requirement for distance from schools then the same regulation should be applied to childcare centers. Councilmember Tolmachoff said that the closest dispensary to a daycare center was in her district. She had never had a complaint from any residents. Mayor Weiers asked what happened if a liquor store was to open next to a daycare center. Mr. St John said the Police Department investigated and then a recommendation was given to Council. Proximity to schools was taken into consideration when approving the application for a liquor store. Mayor Weiers asked what the City did if a childcare wanted to open next to a liquor store. Mr. St. John said the City did not license childcare centers. Mayor Weiers said the common wall made the most sense. Vice Mayor Clark asked how much sales tax was collected from the seven dispensaries in the City. She believed it did not matter how much money was collected if it was detrimental to children. Ms. Rios said that the City was not allowed to give tax information to the public. Councilmember Aldama would support a separation wall. Councilmember Malnar asked if there was consensus for a distance of 250 feet. Councilmember Turner said he would not support that distance. He had a dispensary in his district and there had been no problems with it. Mayor Weiers said there was not consensus for the 250 feet distance requirement. Mayor Weiers confirmed consensus for a common wall. Ms. Perry said the draft UDC was going to the Planning Commission in October and would come back to Council in November for final adoption. Councilmember Tolmachoff asked about signs in the median, as that item was not included in the workshop. Mr. Klyszeiko said that would be part of the UDC. Staff was working with Mr. St. John and the enforcement team. Ms. Perry said it would be a public hearing at the Planning Commission meeting and staff would provide a memo with an update to Council. City Council Meeting Minutes - September 12, 2023 Page 6 of 11 4. PAVEMENT MANAGEMENT PROGRAM UPDATE Presented by: Shahid Abbas, Director, Transportation Ms. Bower read the item by title. Mr. Abbas provided an update on the progress made, what had been learned and the future needs of the program. The information included: . Develop and organize the pavement inventory . Assess the current condition of pavements . Develop models to predict future conditions . Report on past and future pavement performance . Develop scenarios for pavement management based on the budget or condition requirements . Plan and prioritize projects . Suggest most cost-effective treatments for the projects Councilmember Aldama asked if the 58% of Pavement Condition Index (PCI) was for all streets. Mr. Abbas said it reflected all streets. Councilmember Aldama asked if the pavement distresses were all within the 58% PCI. Mr. Abbas said some were within the margin and some were in the failed category. Councilmember Aldama asked if the roads in some districts had severe deficiencies. Mr. Abbas said the roads were severe only on the surface. Underneath most areas were not as severe. Councilmember Tolmachoff said in 2015, the pavement PCI was 65.5% The City had spent almost $100 million and the roads were more severe. Mr. Abbas said a survey in 2019 determined the PCI was at 56%. Councilmember Tolmachoff asked how it decreased from 2015 when the City spent so much money on the pavement management program. Mr. Abbas said a small survey was misleading. Adding slurry seal to the top made the roads appear repaired but it only lasted 2 years. Councilmember Tolmachoff asked if technology had changed a lot since 2015. She did not want to spend $100 million to have to repair the roads again in 5 years. Mr. Abbas said the City was using the best technology available. Councilmember Tolmachoff asked if there was a standard way to measure the PCI. Mr. Abbas said the technology used was approved by the Federal Highway Administration. Councilmember Aldama asked if the 58 PCI was an average and were there other streets in worse condition. City Council Meeting Minutes - September 12, 2023 Page 7 of 11 Mr. Abbas said that was correct. Councilmember Turner asked if Council could receive a map that indicated the roads that were in the worst condition. Mr. Abbas said the information would be provided to Council. Vice Mayor Clark asked if transportation had a map of all streets to see the condition of all streets. Mr. Abbas said staff had that information. Councilmember Aldama asked how much money was invested on streets rated as poor in the last 10 years. Mr. Abbas said approximately $12.5 million was spent. Councilmember Tolmachoff asked what type of treatments were being used since not a lot of progress was being made. She also asked where the bond package would be used. Mr. Abbas said it was a summary report. The full report was very large. There were several different treatments being used. Councilmember Tolmachoff was concerned that the Council did not accomplish what was promised to the taxpayers. Councilmember Turner thought the streets were in better condition than 10 years ago. He asked what the difference was between pavement rehabilitation and pavement reconstruction. Mr. Abbas said that the terms were interchangeable. Rehab meant top surface, mill and overlay and going farther down meant reconstruction. Mr. Phelps said that in 2016 there was no pavement management program, and the City was spending less than $5 million per year to fix major potholes. The pavement management program began in 2018. The 2019/2020 budget included $20 million for pavement management. In 2021, Council increased the amount to $15 million per year. Vice Mayor Clark asked how it was decided what streets received what improvements. Mr. Abbas said that it depended on the top surface and the foundation of the road. Mayor Weiers asked if staff was doing the best it could with the money the department was receiving. Mr. Abbas said that was correct. Councilmember Aldama asked what the strategic plan was for the failed streets. Mr. Abbas said there was 6 miles of rehabilitation slated for the current year. It would take 10 years to repair all of the failed streets. City Council Meeting Minutes - September 12, 2023 Page 8 of 11 5. ITEM OF INTEREST REGARDING JUNETEENTH AND INDIGENOUS PEOPLES' DAY AS OFFICIAL CITY HOLIDAYS Presented by: Jim Brown, Director of Human Resources and Risk Management Ms. Bower read the item by title. Mr. Brown presented information regarding whether Council wanted staff to conduct a full analysis of the impact of adding Indigenous Peoples' Day and Juneteenth as official City holidays. Councilmember Aldama said the City currently had a floating holiday that could be renamed. Glendale was inclusive and needed to observe the additional holidays. Mr. Brown said the City did have an 8-hour holiday bank but would need to conduct an analysis on the cost. Councilmember Aldama supported an analysis of adopting the two holidays. Councilmember Turner asked how many staff hours the analysis would take and what the cost would be. Mr. Brown stated that there would be no cost other than the 10 hours of staff time. Councilmember Turner did not believe the City needed another holiday. Councilmember Malnar was in favor of proceeding with the analysis before anything was decided. There was Council consensus to move forward. CITY MANAGER'S REPORT Mr. Phelps said Communications Director Sue Breding had received the 2023 National Communicator of the Year Award. The City also received the Savvy Award for the Swift City marketing event. Mr. Phelps said the Community Services Department was awarded the Arizona Chapter of the National Association of Housing and Redevelopment's Innovative Program of the Year Award for its master services agreement for CASS. CITY ATTORNEY'S REPORT No report COUNCIL ITEMS OF SPECIAL INTEREST Councilmember Aldama requested a report regarding the status of the downtown manager. Councilmember Aldama requested a discussion item regarding carports citywide. Councilmember Tolmachoff requested a discussion item regarding paratransit ride options. City Council Meeting Minutes - September 12, 2023 Page 9 of 11 MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Councilmember Bart Turner, seconded by Vice Mayor Joyce Clark to hold an 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 EXECUTIVE SESSION Council met in executive session at 3:40 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 located at 6832 N 58th Ave, Glendale, AZ 85301 pursuant to A.R.S. §§ 38-431.03 (A)(3)(4)(7) . 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 at the SWC of Sarival Avenue and Orangewood Avenue pursuant to A.R.S. §§ 38-431.03 (A)(3)(4) A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff 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 4:36 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:36 p.m. City Council Meeting Minutes - September 12, 2023 Page 10 of 11 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 12th day of September, 2023. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of September, 2023. A ire K. Bower, MMC, City Clerk City Council Meeting Minutes - September 12, 2023 Page 11 of 11