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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/23/2001 (5) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JANUARY 23, 2001, AT 7:00 P.M. The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston and the following Councilmembers present: Clark, Frate, Goulet, Lieberman, and Martinez. Also present were Ed Beasley, Assistant City Manager; Rick Flaaen, Acting City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDLE CHARTER A statement was filed by the City Clerk that the one resolution to be considered at the meeting was available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF JANUARY 9, 2001 It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on January 9, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS RECOGNITION OF COMMUNITY SERVICE FOR JAMES SCHECTER The Glendale Citizens' Advisory Commission on Neighborhoods was established by the Mayor and Council in January of 1995. The purpose of this commission is to oversee the revitalization of Glendale's older neighborhoods and to make policy recommendations regarding neighborhood issues to the Mayor and Council. Mr. James Schecter (an at-large representative) served as a member of the Commission for a total of two and one-half years (from July of 1997 to December of 2000). As a result of his dedication and hard work, Mr. Schecter participated in the review and approval of over $2.6 million in neighborhood grant recommendations and assisted with enhancing the neighborhood grants process. During his term of service, Mr. Schecter invested countless hours providing direction and guidance to neighborhood leaders and contributed to the success of the Neighborhood Partnership Program. He is to be commended for his efforts and tireless work for the citizens of Glendale. 1 Mayor Scruggs presented a plaque of recognition to Mr. James Schecter for his contribution and dedication to serving the citizens of Glendale. Mr. Schecter thanked Mayor Scruggs and the City Council; Ms. Pam Kavanaugh, Deputy City Manager; Mr. Erik Strunk, Neighborhood Partnership Administrator; and the Neighborhood Partnership office staff. He said he had enjoyed working with all of them. CONSENT AGENDA Mr. Ed Beasley, Assistant City Manager, read Consent Agenda Item Nos. 1 and 2 by number and title. 1. FINAL PLAT APPLICATION P-99-01 "PARADISE VIEWS III": 7501 NORTH 73RD AVENUE This was a request by Sage Engineering, Inc. for final plat approval for a subdivision titled "Paradise Views III". The site is located at the northeast corner of the 73rd Avenue alignment and Orangewood Avenue. The subdivision includes 64 single-family lots on 19.35 acres, at a density of 3.31 dwelling units per acre. Lots range in size from 6,600 square feet to 15,127 square feet. The minimum lot width is 60 feet. The final plat is in conformance with the R1-6 zoning district and the preliminary plat approved by the Planning Commission on August 19, 1999. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application P-99-01. 2. EMERGENCY REPAIR OF OCOTILLO ROAD, BETWEEN 65TH AND 67TH AVENUES On September 22, 2000, the Utilities Department was notified of a water leak on Ocotillo Road, between 65th and 67th Avenues, near an apartment complex. An investigation by the Utilities Department found that a repair coupling on the 4 inch line had failed. The 4 inch line runs perpendicular to the main to a Glendale Utilities' metering vault. After the Utilities Department completed the repair and began to backfill the area, repair crews noticed a void between the surrounding subsurface and the asphalt. The City of Glendale's responsibility to provide safe streets to its citizens required the immediate repair of Ocotillo Road, between 65th and 67th Avenues. The Engineering Department determined that water from the 4 inch line leak caused settling of the subsurface to the asphalt from 65th to 67th Avenues. An area Six feet wide, from 65th to 67th Avenues, required cutting and the removal of asphalt, the removal and replacement of subsurface, and compaction according to street design and resurfacing. Pierson Construction Corporation and Nesbitt Contracting Company were hired to complete the repair of the asphalt on Ocotillo Road, from 65th to 67th Avenues. Pierson Corporation performed the cutting and removal of asphalt, as well as the placement and compaction of several hundred tons of ABC. Nesbitt Contracting Company performed the resurfacing. Road repairs occurred between September 27, 2000 and October 17, 2000. The Nesbitt Contracting Company's invoice for service was $8,309.53. This invoice has been paid. Pierson Construction Corporation's invoice is for $43,563.38. Funds for this repair are available in Water Distribution Account Number 7630-50-6442. The City Manager's Office authorized the emergency repair. The recommendation was to authorize the expenditure of $43,563.38, taxes included, to the Pierson Construction Corporation for the repairs to Ocotillo Road, between 65th and 67th Avenues, from Water Distribution Account Number 7630-50- 6442. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 and 2. The motion carried unanimously. PUBLIC HEARING — SPECIAL EVENT LIQUOR LICENSES 3. WINE FESTIVAL LICENSE FOR KOKOPELLI WINERY - FEBRUARY 2-4, 2001 This was a request for a wine festival license for Kokopelli Winery. The event is the Glendale Chocolate Affaire, which will be located in downtown Glendale, between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive. This event is sponsored by the City of Glendale. No liquor will be sold in Murphy Park. The event will be held from 5:00 p.m. to 9:00 p.m. on Friday, February 2, 2001; from 10:00 a.m. to 9:00 p.m. on Saturday, February 3, 2001; and from 10:00 a.m. to 5:00 p.m. on Sunday, February 4, 2001. If this license is approved, the total days expended by this applicant will be 12 of the allowed 75 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.03, the State of Arizona Department of Liquor Licenses and Control may issue a wine festival license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 3 4. SPECIAL EVENT LIQUOR LICENSE FOR THE CHILDREN'S CENTER FOR NEURODEVELOPMENTAL STUDIES — FEBRUARY 17 2001 This was a request for a special event liquor license for The Children's Center for Neurodevelopmental Studies. The event is a dinner to raise funds for the Center, which is located at 5430 West Glenn Drive. The event will be held from 6:00 p.m. to 10:00 p.m. on Saturday, February 17, 2001. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 5. SPECIAL EVENT LIQUOR LICENSE FOR KNIGHTS OF COLUMBUS, ST. JOSEPH ASSEMBLY NO. 2126 — FEBRUARY 24, 2001 This was a request for a special event liquor license for the Knights of Columbus, St. Joseph Assembly No. 2126. The event is a dinner in honor of public safety individuals, which will be located at St. Helen's Church, 5510 West Cholla Avenue. The event will be held from 6:00 p.m. to 11:00 p.m. on Saturday, February 24, 2001. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on agenda item Nos. 3, 4 and 5. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that he supported agenda item Nos. 4 and 5. He commented on his personal interactions with these organizations. Mayor Scruggs closed the public hearing. 4 It was moved by Lieberman, and seconded by Frate, to forward the Special Event Liquor License Applications for (1) Kokopelli Winery, for the Glendale Chocolate Affaire to be held on February 2, 3, and 4, 2001 in downtown Glendale, between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive; (2) The Children's Center for Neurodevelopmental Studies, for a fundraiser dinner to be held on February 17, 2001 at 5430 West Glenn Drive; and (3) The Knights of Columbus, St. Joseph Assembly No. 2126, for a dinner in honor of public safety individuals to be held on February 24, 2001 at St. Helen's Church, 5510 West Cholla Avenue, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING LIQUOR LICENSES 7. LIQUOR LICENSE NO. 3-742 - AVION POOL AND COCKTAIL This was a request for a new series 12 (restaurant) license for Avion Pool and Cocktail, which is located at 5024 West Northern Avenue. There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in this area by one. The establishment is over 300 feet from any school. The nearest church, Rain in the Desert Fellowship, is within 190 feet of the establishment. However, the rule prohibiting a retail liquor establishment from being within 300 feet of a church does not apply to a series 12 (restaurant) license. The Planning Department, the Police Department, and the County Health Department have reviewed the application and determined that it meets all of their technical requirements. Three protests were received. Of the three protests, one was received outside the posting period. Two protests were received from nearby businesses and one protest was from the owner of Northern Plaza. The basis for these protests is that there are enough liquor licenses in the area and that this application appears to be a pool hall and bar, and not a restaurant. The State of Arizona Department of Liquor Licenses and Control is also protesting this application because it believes, as does staff, that this business does not meet the requirements for a restaurant license. The criteria used to determine if an applicant qualifies for a restaurant license includes the following: 1. They must maintain 40% of their gross revenue from the sale of food; and 2. They cannot have a large number of pool tables, nor can they have significant space utilized as a dance floor. The applicant intends to provide live music and dancing in addition to billiards. Based on this information, both the State of Arizona Department of Liquor Licenses and Control and City staff recommended denial of the application. 5 The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Mr. Ed Beasley, Assistant City Manager, advised Mayor Scruggs and the Councilmembers that, with regard to agenda item No. 7, the applicant had withdrawn his application and no further action was required. 6. LIQUOR LICENSE NO. 3-741 — SOOKIE'S BAR & GRILL This was a request for a person and location transfer of a series 6 (on & off-sale retail, all liquor) license for Sookie's Bar & Grill, which is at 5510 West Camelback Road, No.'s 9-12. The current series 6 licensee is the Machine, which is located at 1418 East McDowell Road in Phoenix, Arizona. The applicant currently operates at this location with a series 12 (restaurant) license, which allows it to sell all liquor, but only for consumption on the licensed premises. The series 6 license will allow the applicant to sell all liquor for consumption both on and off the licensed premises and will eliminate the requirement that 40% of the applicant's gross revenues be derived from the sale of food. The approval of the series 6 license will not increase the total number of liquor licenses in this area because the State of Arizona Department of Liquor Licenses and Control will cancel the series 12 license if the series 6 license is approved. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 8. LIQUOR LICENSE NO. 3-743 — ARISONG CAFE KARAOKE This was a request for a series 12 (restaurant) license for Arisong Café Karaoke, which is located at 4362 West Olive Avenue. The previous owner operated this business as Arisong Café and held a series 12 (restaurant) license at this location. A new license is required because a series 12 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. 6 The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on agenda item Nos. 6 and 8. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Applications No. 3-741 for Sookie's Bar & Grill, and No. 3-743 for Arisong Café Karaoke, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. RESOLUTION 9. CHOLLA WATER TREATMENT PLANT CONSTRUCTION BONDS Mr. Art Lynch, Finance Director, presented this request for City Council approval of a loan agreement with the Water Infrastructure Finance Authority of Arizona (WIFA) in the amount of $9,000,000, at an interest rate of 4.4%, for not more than 20 years. This loan from WIFA will financially assist the City with the installation of solids handling facilities at the Cholla Water Treatment Plant. The City of Glendale is currently under a consent order from the Environmental Protection Agency (EPA) that requires the City of Glendale to design and construct solids handling facilities for the Cholla Water Treatment Plant. The solids handling facilities must be operable no later than February of 2003. On November 14, 2000, the Glendale City Council approved a professional services agreement with HDR Engineering for project design and construction services. It is currently estimated that the total project cost for installation of the solids handling facilities at the Cholla Water Treatment Plant may run as high as $15,000,000. This low interest loan from WIFA will help reduce the financial impact of this project in the budget of the City's Utilities Department. Funds for this project are also available in the 2000-2001 Capital Improvements Program, Utilities Funds Account Number 50-9272-8300. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign any and all documentation relating to the loan agreement with WIFA. 7 Councilmember Martinez noted that it is currently estimated that the total project cost for installation of the solids handling facilities at the Cholla Water Treatment Plant may run a high as $15,000,000. He asked Mr. Lynch if the City would be required to provide additional funds in the future. Mr. Lynch replied in the affirmative. He said there are a number of financing sources available, i.e. the money could come from the capital improvement fund. Resolution No. 3437 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A LOAN AGREEMENT WITH THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA FOR THE INSTALLATION OF SOLIDS HANDLING FACILITIES AT THE CHOLLA WATER TREATMENT PLANT IN GLENDALE, ARIZONA. It was moved by Eggleston, and seconded by Goulet, to pass, adopt and approve Resolution No. 3437 New Series. The motion carried unanimously. BOARDS AND COMMISSIONS 10. BOARDS AND COMMISSIONS An appointment is to be made to the following commission that has a vacancy or expired term. Effective Term Date Expires Commission on Persons with Disabilities Fallis, Marilou (Yucca) Re-appointment 02/28/2001 02/27/2003 The recommendation was to make the appointment to the Commission on Persons with Disabilities. It was moved by Martinez, and seconded by Clark, to re-appoint Marillou Fallis, a Yucca District appointee, to the Commission on Persons with Disabilities, for a term commencing February 28, 2001 and expiring on February 27, 2003. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Lieberman, to hold a City Council Workshop at 1:30 p.m. on Tuesday, February 6, 2001, in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. 8 CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, spoke on the State reform legislation regarding homeowner associations. He said, although he did not believe they should be abolished, homeowner associations have become abusive with the powers they have been given and something needs to be done to address this problem. He questioned why homeowner associations were receiving money for improvements from City funds. He also addressed the issue of veterans having the freedom to openly fly the American flag in front of their homes, which is presently aesthetically viewed as unpleasing to homeowner associations. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark invited all interested parties to attend her upcoming district meetings. She noted that the first meeting will be held at 7:00 p.m. on January 25th in the Mensendick School cafeteria, 5535 North 67th Avenue, and the second meeting will be held on at 7:00 p.m. on February 5th in the Desert Mirage School cafeteria., 8609 West Maryland Avenue. Councilmember Goulet encouraged the neighbors who reside in that area to attend a public meeting at 6:30 p.m. on January 24th at Harold Smith Elementary School, 6534 North 63rd Avenue. The meeting will address a zoning issue. He noted that citizens of the Ocotillo District should give him a telephone call if they were interested in attending Glendale University. Councilmember Lieberman encouraged his constituents to attend his district meeting at 7:00 p.m. on January 26th at his home, 4519 West Hayward. He noted that Mr. Jim Book, the City's Transportation Director, will be at the meeting to discuss the vital issue of transportation. He invited everyone to attend Glendale's Chocolate Affaire, which will be held in downtown Glendale from February 2nd to 4th Councilmember Martinez encouraged attendance at his two upcoming district meetings. He said the first meeting will be held at 7:00 p.m. on January 24th at the Foothills Elementary school cafeteria, 15805 North 63rd Avenue, and the second meeting will be held at 7:00 p.m. on January 31st in the Roadrunner Room at the City of Glendale Foothills Library, 19055 North 57th Avenue. Councilmember Frate stated that he was hosting two district meetings to address transportation issues. The first meeting will be held at 7:00 p.m. on February 1St in the Kachina Elementary School cafeteria, 5304 West Crocus, Drive, and the second meeting will be held at 7:00 p.m. on February 15th at Desert Valley Elementary School, 12901 North 63rd Avenue. He noted the importance of the From the Heart Program, which consists of voluntary donations made by the Glendale citizens when paying their water bills. 9 Mayor Scruggs stated that the Glendale Chamber of Commerce will be celebrating its 50th anniversary at its annual installation of officers and awards banquet to be held on January 30th . She invited everyone to show their support for the Chamber by attending the celebrations. She invited everyone to attend the Glendale Chocolate Affaire in downtown Glendale. ADJOURNMENT There being no further business, the meeting was adjourned at 7:30 p.m. Pamela Oliveira - City Clerk 10