Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/13/2001 MINUTES OF THE SPECIAL MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MARCH 13, 2001, AT 10:30 A.M. The meeting was called to order by Mayor Scruggs. Vice Mayor Eggleston and Councilmembers Clark and Martinez were present. Councilmembers Frate, Goulet, and Lieberman were absent. 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 GLENDLE CHARTER A statement was filed by the City Clerk that the two resolutions 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. PUBLIC HEARING — SPECIAL EVENT LIQUOR LICENSES 1. SPECIAL EVENT LIQUOR LICENSE FOR THE GLENDALE ARTS COUNCIL - MARCH 30, 2001 This was a request for a special event liquor license for the Glendale Arts Council. The event is an Art Show Preview Party, which will be located at Sahuaro Ranch Park, 9802 North 59th Avenue. The event will be held from 7:00 p.m. to 9:00 p.m. on Friday, March 30, 2001. If this license is approved, the total days expended by this applicant will be one of the allowed ten days this year. Under the provisions of the 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 No. 1. As there were no comments, she closed the public hearing. It was moved by Martinez, and seconded by Clark, to forward the Special Event Liquor License application for the Glendale Arts Council, for an Art Show Preview Party to be held at Sahuaro Ranch Park, 9802 North 59th Avenue, from 7:00 p.m. to 9:00 p.m. on March 30, 2001, to the State of Arizona Department of Liquor Licenses and Control. The motion carried unanimously. 1 RESOLUTIONS 2. CALL FOR SPECIAL REFERENDUM ELECTION On January 11, 2001 , the Hayscale L.L.C. Referendum Committee filed an Application for Referendum Petition Serial Number with the City Clerk's Office. Referendum Petition Serial Number R-01-01 was issued to the Hayscale L.L.C. Referendum Committee. On February 8, 2001, the Hayscale L.L.C. Referendum Committee filed with the City Clerk's Office 227 petition sheets, containing 3,084 signatures. The following is the referendum description of the measure sought to be referred, prepared by the sponsor of the measure: "An action of the Mayor and City Council of Glendale to approve Zoning Amendment Application Z-00-25 amending the stipulations of approval for the C-2 zoning previously approved under Rezoning Application Z-99-01 pertaining to property located at the southwest corner of 51st and Olive Avenue". As required under Title 19 of the Arizona Revised Statutes, the City Clerk's Office reviewed the petitions and signatures that were filed and determined that a total of 213 petitions sheets, containing 2,841 signatures, were eligible for verification. A random sample of 5% of the 2,841 signatures eligible for verification were selected and copies of petitions sheets containing the signatures selected for the random sample were hand-delivered to the Maricopa County Recorder's Office on March 2, 2001. The recommendation was to waive reading beyond the title and adopt a resolution ordering and calling a Special Referendum Election to be held in and for the City of Glendale on May 15, 2001. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that, although he approved of the Council's action, he was concerned about the trend in the State of Arizona for large corporations, rather than citizens, to put items on the ballot. He expressed his hope that the citizens of the City of Glendale would remain unified on this issue and study it in great detail. Ms. Shelly McTee, 11201 North Tatum Boulevard,Phoenix, anattorney with the law firm of Gallagher & Kennedy, P.A., representing Hayscale L.L.C4 referred to and read a letter dated March 13, 2001 which was sent to Mr. Richard Flaaen by Mr. Jeffrey D. Gross, an attorney with the law firm of Gallagher & Kennedy, P.A. Copies of this letter were provided to Council. Councilmember Clark asked Mr. Flaaen about the State Statute referred to in Mr. Gross' letter, which guarantees that voters have 93 days to request early ballots. Mr. Flaaen noted that he had not had time to adequately review the letter which was sent by Mr. Gross. However, he acknowledged that the State Stature provides individuals with 90 days to request an early ballot. He stated that he did not know at this point if the 90 days was a requirement and he suggested that they continue with the hearing and call for the election. He said his office would review the letter and issues raised therein and report back to the Council. Councilmember Clark asked if the date of election could be reset if the 93 days was found to be a requirement. Mr. Flaaen said the election could be cancelled and Council could call for another election to be held September. Ms. Oliveira explained that, once the resolutions are set, the City Clerk's Office could immediately accept requests for early ballots. She noted that ballots are not sent out until 30 days prior to the election. Councilmember Clark asked for confirmation that they were providing plenty of opportunity for early voters. Ms. Oliveira stated that they were. She explained that the State Statute is intended to assist the Clerk's Office by eliminating the need to track early ballot requests that were received more than 90 days prior to the election. Mayor Scruggs asked for confirmation that nothing had changed since notice was given of the Council's intent to consider calling the election. Mr. Flaaen stated that nothing had changed and proper notice was given by the City Clerk's Office. Resolution No. 3448 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ORDERING AND CALLING A SPECIAL REFERENDUM ELECTION TO BE HELD IN AND FOR THE CITY OF GLENDALE ON MAY 15, 2001 TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF A REFERENDUM QUESTION. It was moved by Eggleston, and seconded by Clark, to pass, adopt, and approve Resolution No. 3448 New Series. The motion carried unanimously. 3. NOTICE OF SPECIAL REFERENDUM ELECTION State law provides that the City Council of a municipality may adopt and publish a Notice of Special Referendum Election. This notice contains important information regarding the Special Referendum Election, including a list of polling places. The Notice of Special Referendum Election is published twice, in the Glendale Star, the City of Glendale's official newspaper, in both English and Spanish. The recommendation was to waive reading beyond the title and adopt a resolution giving notice of the City of Glendale Special Referendum Election on May 15, 2001. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, Chairman of the Committee to Save Our Neighborhood, stated that he approved of the Council's action. He expressed his opinion that the people in the neighborhoods will have adequate time to learn of the election. 3 Resolution No. 3449 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, PROVIDING NOTICE OF THE SPECIAL REFERENDUM ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS, AND FIXING THEIR COMPENSATION. It was moved by Eggleston, and seconded by Martinez, to pass, adopt, and approve Resolution No. 3449 New Series. The motion carried unanimously. NEW BUSINESS 4. APPOINTMENT OF CITY ATTORNEY Mr. Richard H. Flaaen was assigned as Interim City Attorney on December 4, 2000 pending the recruitment of a permanent City Attorney. The City Council conducted a national recruitment and came to a unanimous decision that the current Interim City Attorney was the best suited and most qualified candidate for the position of City Attorney for the City of Glendale. The recommendation was to appoint Mr. Richard H. Flaaen as City Attorney, effective March 1, 2001. It was moved by Martinez, and seconded by Eggleston, to appoint Mr. Richard H. Flaaen as City Attorney, effective March 1, 2001. The motion carried unanimously. The Mayor and Council congratulated Mr. Flaaen on his appointment as City Attorney. MOTION TO EXCUSE COUNCILMEMBERS FRATE, GOULET AND LIEBERMAN It was moved by Eggleston, and seconded by Clark, to excuse Councilmembers Frate, Goulet and Lieberman from today's Special Council Meeting. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to hold a City Council Workshop at 1:30 p.m. on Tuesday, March 20, 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. 4 CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked Mr. Martin Nowakowski, a member of the City Council staff, for his assistance in finding not-for-profit agencies that can assist his friend who is wheelchair bound. He mentioned the fact that the sidewalk at the housing complex being developed next to his home is made of asphalt, making it difficult and dangerous for citizens who are physically challenged. He asked the Council to encourage the developer to use other materials when constructing the sidewalks. COUNCIL COMMENTS AND SUGGESTIONS No comments were made. ADJOURNMENT There being no further business, the meeting was adjourned at 11:00 a.m. Pamel' eira - City Clerk 5