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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/9/2001 (5) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JANUARY 9, 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 Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Rick Flaaen, Acting City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the two resolutions and five ordinances to be considered at the meeting were 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 DECEMBER 12 AND 19, 2000 It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on December 12, 2000 and the Special Council Meeting held on 19, 2000, 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 HOUSING ADVISORY COMMISSION MEMBER LILLIE OJALA Ms. Lillie Ojala served as a member of the Housing Advisory Commission (Commission) from January of 1997 through December of 2000, most recently as Chairperson. During her tenure, the Commission provided guidance on many important issues, including the planning for, and obtaining of, substantial federal grants for improvements in public housing, the development of programs and policies to encourage resident self-sufficiency, and development of the Agency Plan, which consolidates program policies. Both the remodeling of the interior of the public housing apartment homes and the modernization and improvement of the exterior of the public housing complexes began during this time as well. Ms. Lillie Ojala's commitment, insight, and enthusiasm contributed greatly to the success of the housing program. She should be commended for her outstanding service. 1 Mayor Scruggs presented a plaque to Ms. Lillie Ojala for her outstanding service to the City of Glendale as a member of the Housing Advisory Commission and, most recently, as its Chairperson. Mayor Scruggs noted that Ms. Ojala will be serving on the City of Glendale Personnel Board. Ms. Ojala thanked Mayor Scruggs and the Council for their confidence in her when they appointed her to the Housing Advisory Commission. She said that serving on the Commission had been a learning experience for her. She thanked the staff for all of their assistance. She said she hoped to be as effective on the Personnel Board as she was on the Housing Advisory Commission. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 and 2 by number and title. 1. CHANGE ORDER NO. 1 AND FINAL - ARROWHEAD MEADOWS PARK This was a request for City Council approval of Change Order No. 1 and Final to the contract with Valley Rain Construction Corporation in the amount of $49,496.82. The construction contract was awarded on April 25, 2000. The original contract was for $669,847.73. This change order will bring the total amount of the contract to $719,344.55. The Maricopa County Flood Control District performed work along the channel between the time the plans for this project were completed and the actual construction date. As a result, additional earthwork and hardscape was required to provide proper drainage of the site and for storm water runoff to enter into the Skunk Creek Channel. At the request of the Parks Department, the contractor was asked to install exposed aggregate concrete sidewalk and additional protection for new trees. The architect will pay a portion of these costs due to attributable errors found on the plans. Funds for this change order will need to be transferred from Parks Development Impact Fee Account Number 14-8538-8300 into Arrowhead Meadows Park Grant Fund Account Number 47-8577-8300. The recommendation was to approve Change Order No. 1 and Final in the amount of $49,496.82. 2. CHANGE ORDER NO. 2 AND FINAL - 67TH AVENUE IMPROVEMENTS BELL ROAD TO UNION HILLS DRIVE This was a request for City Council approval of Change Order No. 2 and Final to the contract with Gunsight Construction Corporation in the amount of $165,613.93. The construction contract was awarded on February 22, 2000. The original contract was for $964,191.65. Change Order No. 1 was for $18,840.00. This change order will bring the total amount of the contract to $1,148,645.58. 2 This change order provides for additional asphalt paving required by the plans, but for which there were no bid quantities shown. The bid quantity for off-duty police officers is a contingency item, based on the number of hours actually required. This project required approximately 1,100 hours more than those shown on the bid schedule. In addition, this change order provides for trenching and installation of a cable television conduit needed to replace one that was determined in the field to be shallower than noted on the plans. These costs will be paid by Cox. Cable. This change order also includes work required to repair or replace several pipes that were not shown on the plans due to erroneous as-built information. There is also a credit of $6,700 for newsletters and a 24-hour hotline that was not needed at the end of the project. Funds are available for this change order in the 1999-2000 Capital Improvements Program, 67th Avenue Grovers to Union Hill Project Account Number 61-8814-8300. The recommendation was to approve Change Order No. 2 and Final in the amount of $165,613.93. CONSENT RESOLUTIONS 3. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION The cities of Glendale, Chandler, Mesa, and Scottsdale, through an intergovernmental agreement, jointly engaged outside counsel to represent their common interests in the Gila River General Stream Adjudication, with specific emphasis on the issues currently on appeal before the Arizona Supreme Court. Those issues generally involve the extent to which groundwater will be subject to adjudication, the standards to be applied in determining federal reserved water rights (Indian claims), and how conflicting rights will be resolved. The cities, through a competitive proposal process, hired Bill Anger of the law firm of Ulrich & Anger, P.C. to provide the representation. The 10th year of that contract concluded on January 7, 2001. It is necessary to amend the contract to provide for an eleventh year. The cost of legal services for the eleventh year will not exceed $133,700. The cost of expert services for the eleventh year will not exceed $30,000. These costs will be shared by the cities, based on 1995 estimated census population. The City of Glendale's share of legal services for the eleventh year will not exceed $22,139. The City of Glendale's share of expert services for the eleventh year will not exceed $6,405. The City of Glendale's total share for the eleventh year will not exceed $28,544. Funds are budgeted in the City Attorney's Account Number 50-1512-7330. 3 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement and contract for legal services with the cities of Chandler, Mesa, and Scottsdale relating to the joint legal representation in the Gila River General Stream Adjudication. Resolution No. 3435 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 AN INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION. 4. MAG PEDESTRIAN DESIGN ASSISTANCE PROGRAM GRANT The City of Glendale has the opportunity to obtain a $50,000 pedestrian/bicycle improvement planning grant for 75th Avenue, between Deer Valley Road and Pinnacle Peak Road, from the Maricopa Association of Governments (MAG) Pedestrian Design Assistance Program. This program provides funding for the design of demonstration projects that improve access and facilities for pedestrians, bicyclists, and mass transit users. If awarded, a cash match not to exceed $10,000 is available from Grants Administration Matching Fund Account Number 47-7075-7000. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the submission of the MAG Pedestrian Design Assistance Program grant described herein and the required match, and providing authorization to accept the grant, if awarded. Resolution No. 3436 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 THE SUBMISSION OF A GRANT APPLICATION, ALONG WITH MATCHING FUNDS, TO THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) TO IMPROVE ACCESS AND FACILITIES FOR PEDESTRIANS, BICYCLISTS AND MASS TRANSIT USERS; AND AUTHORIZING THE ACCEPTANCE OF SAID GRANT IF AWARDED. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4, including the approval and adoption of Resolutions No. 3435 New Series and 3436 New Series. The motion carried unanimously. Mayor Scruggs stated that the usual order of agenda items would be followed. Agenda Item Numbers 10, 11, 12, 13, and 14 were moved forward. 4 PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 10. APPEAL OF CONDITIONAL USE PERMIT APPLICATION ZU-00-12: 5810 WEST THUNDERBIRD ROAD (Safeway qas station) This was an appeal of the Planning Commission's approval of a Conditional Use Permit to allow a gas station in the C-2 (General Commercial) zoning district. The property is a 38,322 square foot vacant pad in the Safeway Shopping Center located at the northwest corner of 57th Drive and Thunderbird Road. The proposal will allow ten fueling stations under a 3,698 square foot canopy and a 230 square foot kiosk to house a cashier. There is no convenience store associated with this use. The site plan shows the proposed canopy set back approximately 55 feet from Thunderbird Road and 137 feet from 57th Drive. Customers will access the site from internal shopping center drives. There is no direct access to the adjacent public streets. The proposed use is compatible with other commercial uses in the immediate area. Nearby convenience uses include three banks with drive-thru teller lanes, a fast- food restaurant with a drive-thru window and a gasoline service station with a car wash. • The size and shape of the parcel is generally adequate for the proposed use. At its September 21, 2000 meeting, the Planning Commission approved Conditional Use Permit ZU-00-12 by a vote of 6-0 subject to one stipulation. Councilmember Frate subsequently filed this appeal on October 2, 2000. The proposed circulation pattern for gasoline tanker trucks and the number of convenience uses in the surrounding area was the basis for the appeal. The site plan approved by the Planning Commission required gasoline tanker trucks to exit through the main shopping center lot. The applicant has revised the site plan so that tanker trucks can circulate behind the shops in the shopping center in the same manner as other delivery trucks do. The recommendation was to conduct a public hearing and determine if Condition Use Permit Application ZU-00-12 meets the required findings for approval. If the City Council decided to approve this Conditional Use Permit, the approval should be subject to the two staff recommended stipulations. Dr. Martin Vanacour, City Manager, stated that he had received a letter via facsimile from the attorneys for the applicant, requesting that Agenda Item No. 10 be tabled to the February 13, 2001 City Council meeting. It was moved by Lieberman, and seconded by Frate, to table Agenda Item No. 10 — Appeal of Conditional Use Permit Application ZU-00-12: 5810 West Thunderbird Road (Safeway Gas Station) to the February 13, 2001 City Council meeting. The motion carried unanimously. 5 SPECIAL EVENT LIQUOR LICENSES 11. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE AMBASSADORS — FEBRUARY 2-4, 2001 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. 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 10:00 a.m. to 11:30 p.m. on Friday, February 2, 2001; from 8:00 a.m. to 11:30 p.m. on Saturday, February 3, 2001; and from 10:00 a.m. to 11:30 p.m. on Sunday, February 4, 2001. If this license is approved, the total days expended by this applicant will be 3 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 issued 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. 12. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE AMBASSADORS — MARCH 24-25,2001 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. The event is World Port, Celebration of the Nations, which will be located at the American Graduate School of International Management, 15249 North 59th Avenue. This event is sponsored by the City of Glendale. The event will be held from 8:00 a.m. to 10:00 p.m. on Saturday, March 24, 2001 and from 10:00 a.m. to 10:00 p.m. on Sunday, March 25, 2001 . If this license is approved, the total days expended by this applicant will be 5 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. 6 13. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE AMBASSADORS —APRIL 20-22.2001 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. The event is the Glendale Jazz and Blues Festival, 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 noon to 11:30 p.m. on Friday, April 20, 2001; from 8:00 a.m. to 11:30 p.m. on Saturday, April 21, 2001; and from 10:00 a.m. to 11:30 p.m. on Sunday, April 22, 2001. If this license is approved, the total days expended by this applicant will be 8 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. 11, 12, and 13. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Goulet, to forward Special Event Liquor License Applications for Glendale Civic Pride Ambassadors for (1) 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) World Port, Celebration of the Nations to be held on March 24 and 25, 2001 at The American Graduate School of International Management, 15249 North 59t" Avenue; and (3) the Glendale Jazz and Blues Festival to be held on April, 20, 21 and 22, 2001 in Downtown Glendale between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 14. LIQUOR LICENSE NO. 3-740 — FILLMORE'S BEAN POT PUB This was a request for a person transfer of a series 7 (on- & off-sale retail, beer & wine) license for Fillmore's Bean Pot Pub, which is located at 6723 West Bethany Home Road. The previous owner operated this business as Fillmore's Bean Pot and held a series 7 (on- & off-sale retail, beer & wine) license at this location. 7 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. 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 Arizona Department of Liquor Licenses and Control with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, she closed the public hearing. It was moved by Eggleston, and seconded by Frate, to forward Liquor License Application No. 3-740 for Fillmore's Bean Pot Pub to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 5. PRIVATE UNDERGROUND POWERLINE EASEMENT FOR MANISTE E_ RANCH LIGHTING Mr. Grant Anderson, City Engineer, presented this request by Richmond American Homes for an easement for underground power in Manistee Ranch. These underground power lines exist within the right-of-way at Manistee Ranch at 51St and Northern Avenues. The lines are installed with the understanding that they would be considered public utilities. Discussions with the developer led to an agreement for the developer to request a private, non-exclusive easement so that the lines will be part of the public record. The developer will also be required to supply the City with as-built drawings of the locations of the existing lines. There are no costs involved with the granting of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a private utility easement to Richmond American Homes and the Manistee Ranch Community Association. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that he supported the ordinance. He explained that he had accessed the Internet to obtain a definition of "public utility". He questioned why the easement is being considered a public utility when it only helps one neighborhood and is going in on City property. He asked why a homeowners' association, rather than a utility company, is applying for the easement. He said, in the future, he would watch to make sure that 8 homeowners' associations are held to the same level of public scrutiny as other utility companies or public corporations. Mr. Anderson explained that the developer is buying power from Salt River Project (SRP) and crossing the right-of-way for continuing loops. He stated that, under Blue Stake laws, classifying it as a public utility requires that the homeowners' association be notified if any construction is done in the right-of-way. He assured Mr. Clark that it would not be considered a separate power company. Ordinance No. 2178 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PRIVATE, NONEXCLUSIVE UTILITY EASEMENT IN FAVOR OF RICHMOND AMERICAN HOMES AND THE MANISTEE RANCH COMMUNITY ASSOCIATION FOR UNDERGROUND POWER IN MANISTEE RANCH AT 51ST AND NORTHERN AVENUES, IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2178 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 6. DEANNEXATION OF APPROXIMATELY 80 ACRES OF PROPERTY LOCATED AT CAMELBACK AND LITCHFIELD ROADS Mr. Grant Anderson, City Engineer, presented this item. The City of Glendale and the City of Litchfield Park have been working together to accommodate the development of a property that is divided by the City's future corporate boundaries. The two cities have agreed to take the steps necessary to allow the entire property to be incorporated into the city limits of Litchfield Park. This deannexation request is the final step necessary for the City of Glendale to take in a series of actions to transfer property owned by Litchfield and Camelback Road L.L.C. from the City of Glendale corporate limits to the corporate limits of Litchfield Park. In November of 2000, the Glendale City Council adopted Ordinance No. 2172, New Series, annexing this parcel into the City of Glendale. The annexation was necessary to change the existing strip annexation that sets the future City boundaries. Once an ordinance for the deannexation is adopted, the property will be outside the Glendale strip annexation area and Litchfield Park has agreed to adopt an ordinance to annex the property. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the deannexation of this parcel from the City of Glendale. 9 Ordinance No. 2179 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DEANNEXING CERTAIN REAL PROPERTY, APPROXIMATELY 80 ACRES, LOCATED AT CAMELBACK AND LITCHFIELD ROADS FROM THE CITY OF GLENDALE, CONTINGENT UPON ANNEXATION OF SAID PROPERTY BY THE CITY OF LITCHFIELD PARK, PURSUANT TO THE PROVISIONS OF A.R.S. §9-471.02. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2179 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 7. DEANNEXATION OF 0.75 ACRE PARCEL WEST OF NEW RIVER NORTH OF UNION HILLS DRIVE -- Mr. Grant Anderson, City Engineer, presented this item. The City of Peoria and the City of Glendale have entered into an intergovernmental agreement (IGA) for deannexation by the City of Glendale and subsequent annexation by the City of Peoria of a small tract of land located west of New River and North of Union Hills Drive. The property that is the subject of the IGA involves private property. A. Brent Payne, the owner of the property, has requested deannexation of a small portion of his property that is currently located within the boundaries of the City of Glendale. The area to be deannexed represents a 0.75 acre portion of a 20-acre development known as the New River Commerce Park to be developed within the City of Peoria. Mr. Payne cannot obtain final development approval from the City of Peoria as long as this area is located within the City of Glendale. Further, the City of Glendale cannot effectively provide necessary services to the property because of its location west of New River. The City of Peoria supports the deannexation of this area from the City of Glendale, is willing to annex the property into the City of Peoria, and can provide services to the property. The City of Peoria obtained approval for entering into the IGA from its City Council on September 5, 2000. The City of Glendale City Council approved the IGA on October 24, 2000. There are no costs associated with this deannexation. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the deannexation by the City of Glendale and subsequent annexation by the City of Peoria of this small portion of a proposed larger development west of New River, but within the corporate limits of the City of Glendale. 10 Ordinance No. 2180 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DEANNEXING CERTAIN REAL PROPERTY, APPROXIMATELY 0.75 ACRE PARCEL, LOCATED WEST OF NEW RIVER, NORTH OF UNION HILLS DRIVE FROM THE CITY OF GLENDALE, CONTINGENT UPON ANNEXATION OF SAID PROPERTY BY THE CITY OF PEORIA, PURSUANT TO THE PROVISIONS OF A.R.S. §9-471.02. It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2180 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 8. ABANDONMENT OF MARLETTE AVENUE AT 65TH DRIVE Mr. Grant Anderson, City Engineer, presented this item. Marlette Avenue, a cul- de-sac located east of 65th Drive (originally known as F Street), is located within Kristi Acres, a subdivision that was platted in January of 1960 but never developed. This subdivision has since been incorporated into the Final Plat of "Vista Alegre Apartments" recorded in Book 542, Page 19, approved by the Glendale City Council in June of 2000. Marlette Avenue was never formally abandoned prior to the finalization of the plat and is causing a cloud on the title to Vista Alegre Apartments. There have been no objections to this abandonment by any City departments. There are no City improvements in this area and the owner is ready to finalize its Housing & Urban Development financing and move forward with the building of senior apartments. There are no costs associated with this abandonment. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the abandonment of Marlette Avenue to the underlying owners of record. Mr. Leonard Clark. a resident of the City of Glendale, Barrel District, voiced his support of the ordinance. He stated that adequate housing for senior citizens is a good cause. He asked if the City actually owns the property. He pointed out that a full city block would be worth a great deal of money. Ordinance No. 2181 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF MARLETTE AVENUE AT 65TH DRIVE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. 11 It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2181 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 9. DEEDS AND EASEMENTS ORDINANCE Mr. Grant Anderson, City Engineer, presented this item. The City of Glendale is conveyed real estate properties by quit-claim deed, warranty deed, and/or easements from property owners no longer desiring to retain ownership of their properties. Staff allows these properties to accumulate and presents them to Council for a one-motion consideration. These properties have been used for sidewalks, streets, alleyways, parks, water and sewer lines, and other public utilities. In order to utilize these properties for similar use in the future, it is necessary that the Council adopt an ordinance dedicating these properties for public use. The recommendation was to waive reading beyond title and adopt an ordinance dedicating certain real property for public use. Ordinance No. 2182 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR STREET, PUBLIC UTILITY, SIDEWALK, ALLEY, WATER AND SEWER, PARKS AND OTHER PURPOSES; ORDERING THE DOCUMENTS RECORDED; AND DEDICATING TO PUBLIC USE THE PROPERTY DESCRIBED THEREIN. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2182 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. on Tuesday, January 16, 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; to hold a Special Joint Council/Arts Commission dinner meeting at 5:45 p.m. on Wednesday, January 17, 2000 in the Onyx Room of the Glendale Civic Center, 5750 West Glenn Drive; and to hold a Special City Council Workshop at 1:30 p.m. on Tuesday, January 23, 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. 12 CITIZEN COMMENTS Mr. Jay McKim, a resident of the City of Glendale Ocotillo District read a prepared statement, disagreeing with the City of Glendale's policy with regard to checking handguns brought into public buildings. He outlined legal and constitutional issues, which he believed the City's policy violates. He requested that the City of Glendale repeal the prohibition of weapons in most City facilities or, at a minimum, install lockers or provide other means of on-site storage to comply with State law. He further asked, should the City of Glendale refuse to change its policy, that it explain in writing how its current procedure conforms to ARS 13-3102(A)(10), ARS 13-3108 and Article 2, Section 26 of the Arizona Constitution. He submitted a written copy of his statement for the record. Mr. Rick DeStephens, a resident of the City of Glendale, also addressed the Council regarding the City's alleged violation of citizens' rights to bear arms. He read a prepared statement, questioning the legality and reasonableness of the City of Glendale's policy on checking firearms in public buildings. He noted that the cities of Mesa, Phoenix, Paradise Valley, Yuma, Tucson, and Chandler, as well as the counties of Maricopa, Pima and Yuma, had all received advice from their attorneys and decided to check firearms on site. A written copy of his statement was submitted for the record. Mr. Tim Weaver, a resident of the City of Glendale Cholla District, protested the City's current firearms checking policy. He expressed his opinion that it is in violation of the current State firearms preemption regulations as updated by House Bill (HB) 2095. He requested an explanation as to: (1) how the City of Glendale's current firearm checking policy is not an infringement on a citizen's right to bear arms; (2) how recording a firearm's serial number and the owner's identifying information is not a violation of ARS 13-3108(B); (3) why the City of Glendale has chosen to implement its current policy when nothing in ARS 13-3108(C)(5) requires it; (4) how the City plans to handle the inevitable liability should citizens, disarmed in accordance with the current policy, are attacked and injured while travelling to retrieve their firearms; (5) how this policy of limiting the carrying of firearms in parks only to Carry Concealed Weapons (CCW) permit holders is not discriminatory to those who cannot afford the cost of obtaining a permit; (6) the Joint Use Agreement clause in the City Ordinance 27-46(c); and (7) how the City can justify the prohibition on knives with blades longer than 3.5 inches, when airlines allow knives up to 4 inches as carry-on items and Arizona law allows the carrying of knives of any length either openly or with a CCW permit, if concealed. He ultimately requested that the current weapon checking policy be repealed. A written copy of his statement was submitted for the record. Ms. Ginny Rollier, a resident of the City of Glendale Yucca District commended Mr. David Dobrotka, Police Chief, and the members of the Police Department on the December 18, 2000 gang raid. She suggested that it would be helpful if people in the neighborhoods were trained as to what to look for. With regard to guns, she noted that she had been an assault victim and has carried a gun for a long time. She stated that, when she was told by a Police Sergeant last year that her gun 13 made some older people nervous, she stopped carrying the gun. She said she had previously gone into several public places with her gun and experienced no problems. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that he was opposed to the proposed Wal-Mart development at 51St and Olive Avenues. He said a corporation shows its character by the way it respects the community in which it resides. He acknowledged the concerns expressed by elderly citizens who are unable to get to other than neighborhood stores. He noted that he had contacted the City of Glendale and was told that elderly or physically-challenged citizens can get rides via the City's Dial-a-Ride transit system. He congratulated Mayor Scruggs on the Kids at Hope Program. He noted that the City of Glendale is the first city in the country to enact this program. He questioned whether the City should do something about people who use cells phones while driving because they increase the number of accidents. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark noted that the Planning Commission was scheduled to hold its first public hearing on the Western Area General Plan Update at 7:00 p.m. on Thursday, January 11th at Independence High School. She encouraged those who had not seen the plan, nor had an opportunity to comment on the plan, to attend the meeting. Councilmember Goulet invited everyone to attend the Glitter and Glow Festival to be held in downtown Glendale on Saturday, January 13th Councilmember Lieberman wished everyone a healthy, happy, and prosperous new year. Councilmember Frate noted that he had attended retirement parties for two City of Glendale employees - Lee Waldron, Parks and Recreation Central District Superintendent, and Julio Zapata, Field Operations Senior Management Assistant. He congratulated the retirees and wished them well. He congratulated three recently promoted firefighters. Mayor Scruggs thanked those in the audience for attending the meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m. -01/ Pamela Oliveira - City Clerk 14