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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/24/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, APRIL 24, 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, 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 three resolutions and two 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 APRIL 10 AND 11, 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 April 10, 2001 and the Special Council Meeting held on April 11, 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: JACQUELINE MARKOWITZ AND RUTHANN STARK The Library Advisory Board (Board) advises the City Council on general policy relating to the administration and provision of library service. Ms. Jacqueline Markowitz (Sahuaro District) served on the Board from March of 1996 to April of 2001, during which time she served as Chair from 1999 to 2001. Ms. Ruthann Stark (Yucca District) served on the Board from September of 1996 to April of 2001. During their service, the Library planned and opened the Foothills Branch Library, as well as expanded the automated system and electronic resources significantly. Foothill Branch Library has proven to be a welcome addition to the community, winning several design awards, including an Orchid Award given by a jury of design professionals, as well as members of the public utilizing a public nomination process. The Library's web page provides 24-hour per day access to its collection and a variety of electronic resources, including full text access to magazines, newspapers, and specialized databases. 1 Library Advisory Board support of the Library has been critical to these achievements. These individuals have clearly demonstrated an outstanding commitment to quality library service for Glendale residents. Mayor Scruggs presented plaques of recognition to Ms. Jacqueline Markowitz and Ms. Ruthann Stark for their dedication and community service by serving on the Library Advisory Board. ARBOR DAY PROCLAMATION: APRIL 27, 2001 April 27, 2001 has been declared National Arbor Day by the National Arbor Day Foundation. Since the first Arbor Day celebration in 1872, citizens have embraced the idea of tree planting throughout our cities and towns. The idea of Arbor Day is being rediscovered as an important way to improve our strained environment. An Arbor Day celebration to promote the importance of trees in our community will be held on Friday, April 27th at El Barrio Park, 54th Avenue and Ocotillo Road. This year, the City of Glendale will be presented the distinguished designation of Tree City, USA for the fifth consecutive year. The National Arbor Day Foundation, in cooperation with the U.S. Forest service and the National Association of State Foresters, recognizes towns and cities across America that meet the standards of the Tree City, USA program. The Tree City, USA title establishes the City of Glendale as a well-managed urban forest community. The Glendale City Council has shown support for tree management through the tree and shrub replacement program and grant match funding for a contracted professional arborist who worked with City staff to establish a computerized tree inventory and tree care management program. Additionally, the City works with citizens, developers, and businesses to assure that trees planted are environmentally appropriate. City right-of-ways and parks are also planned with low water use shrubs and trees. These decisions will result in a better urban forest for the citizens of Glendale and their descendants. Mayor Scruggs presented the proclamation, proclaiming April 27, 2001 as Arbor Day in the City of Glendale, to Mr. Lupe Rodriguez, Right-of-Way Supervisor. 100TH ANNIVERSARY OF THE GLENDALE WOMAN'S CLUB PROCLAMATION: APRIL 29, 2001 April 29, 2001 marks the 100th anniversary of the founding of the Self Culture Club of Glendale, which was later incorporated as the GFWC Glendale Woman's Club. The Glendale Woman's Club has, throughout the past century, been, and continues to be, an avid and constant supporter of the City of Glendale and the community at large. The Glendale Woman's Club is a symbol of the dedication and service of the hundreds of women who have been members during its continuous meetings of 100 years. 2 Mayor Scruggs proclaimed April 29, 2001 as the 100th Anniversary of the Glendale's Woman's Club and presented the proclamation to Ms. Betty Klass, President of the Glendale Woman's Club. MUNICIPAL CLERKS WEEK PROCLAMATION: APRIL 29 — MAY 5, 2001 The International Institute of Municipal Clerks (IIMC) has designated April 29 through May 5, 2001 as Municipal Clerks Week. Initiated in 1969 and sponsored by IIMC, Municipal Clerks Week recognizes the important role of municipal clerks in local government and their contribution in serving their communities and educating the public on the significance of their roles. Mayor Scruggs proclaimed April 29 through May 5, 2001 as Municipal Clerks Week and presented the proclamation to Glendale City Clerk, Ms. Pamela Oliveira. She extended her appreciation to all municipal clerks for the vital services they perform and their exemplary dedication to the communities they represent. OLDER AMERICANS MONTH PROCLAMATION: MAY 2001 The Glendale Human Services Council has encouraged, through its Committee on Aging, the active participation of elderly citizens in the life of the community. The Committee will distribute to the general public information on services, which are available locally to promote such participation. The month of May has been designated as Older Americans Month and the theme for the month is "The Many Faces of Aging". It was the desire of the City to recognize the Glendale Human Services Council's Committee on Aging and others who devote their time to care and support the elderly. Mayor Scruggs proclaimed the month of May 2001 as Older Americans Month and presented the proclamation to Ms. Karen Freeland, Aging Services Coordinator for the Glendale Human Services Council. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item No. 1 by number and title. 1. AWARD OF PROPOSAL 00-64, TOWING Three proposals were received to provide the City with towing services on an "as needed" basis. The towing services, bounded by the City limits, cover removal of abandoned vehicles, vehicles involved in accidents, clearing roadways, and transportation to a storage lot. The contract shall begin upon Council approval and continue for a period of one year. The proposal specifications contain an option clause that permits the City, at the discretion of the City Manager, to extend this agreement an additional four years, in one-year increments. 3 The proposal specifications permit a multiple award. A multiple award was recommended because of the operational efficiency it provides in quickly clearing and cleaning the roads. The contractors will be dispatched on a rotational basis. Towing services are paid for by the owner of the towed vehicle and there are no additional costs to the City. The evaluation panel, consisting of staff from the Police Department and Equipment Management, reviewed the proposals and determined that all proposals received were responsive and responsible offers. The recommendation was to award a contract to Comet Towing, Shamrock Towing, and Western Towing to provide towing services for the City of Glendale. CONSENT RESOLUTIONS 2. HIGH INTENSITY DRUG TRAFFICKING AREA— MARICOPA COUNTY CLANDESTINE LAB TASK FORCE OVERTIME AGREEMENT In May of 1999, the Drug Enforcement Agency (DEA) in conjunction with the High Intensity Drug Trafficking Area (HIDTA) Task Force formed a statewide multi- agency clandestine lab task force. This task force is intended to disrupt the illicit manufacturing of narcotics and dangerous drugs in the State of Arizona by immobilizing targeted clandestine laboratory violators and organizations involved in the manufacturing of illegal drugs. The task force is comprised of officers from Valley law enforcement agencies. DEA has requested that the Glendale Police Department continue to participate by dedicating one officer to this endeavor. The Pima County Sheriff's Office will be reimbursing participating agencies the overtime costs for the officer assigned to the unit. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the Pima County Sheriff's Office for the reimbursement of overtime for an officer dedicated to the task force. Resolution No. 3462 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 WITH THE PIMA COUNTY SHERIFF'S OFFICE AND THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) TASK FORCE FOR THE REIMBURSEMENT OF OVERTIME FOR AN OFFICER ASSIGNED TO THE MARICOPA COUNTY CLANDESTINE LAB TASK FORCE. 4 3. CENTRAL ARIZONA PROJECT EXCESS WATER CONTRACT RENEWAL The City's contract with the Central Arizona Water Conservation District for excess Central Arizona Project (CAP) water has expired. This was a request for the Council to approve a new intergovernmental agreement between the City of Glendale and the Central Arizona Water Conservation District. The new agreement is to remain in effect until either party decides to terminate the agreement. The City has complete authority to decide whether to purchase any excess CAP water under this agreement. The ability to purchase excess CAP water will provide the City with more operational flexibility to manage its water resources and meet water system demands. The City foresees the need to purchase excess CAP water during times of drought when the Salt River Project (SRP) may cutback its deliveries or is forced to deliver a higher percentage of groundwater to the City. The City may choose to use excess CAP water instead of SRP groundwater. There may also be a need to purchase excess CAP water when the Cholla Water Treatment Plant is down or when a City well is not operational. The excess CAP water can be used to make up the shortfall. The price for excess CAP water is identical to the price for CAP water the City receives under its subcontract. The price for 2001 is $101.00 per acre-foot. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the Central Arizona Water Conservation District for the purchase and delivery of excess Central Arizona Project water. Resolution No. 3463 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 WITH THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT PROVIDING FOR THE DELIVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER. 4. BECHTEL DEVELOPMENT AGREEMENT This was a request to enter into a development agreement with Bechtel Corporation (Bechtel). Bechtel Corporation has agreed to lease 100,000 square feet of a 150,000 square foot office facility being constructed at the Talavi Business Park. Bechtel agrees to maintain a local corporate office at the property for a period of not less than ten years and plans on hiring 450 employees. The City of Glendale will provide up to $1,000,000 in rebates and incentives. The rebates and incentives include up to $375,000 to reimburse direct fees, up to $85,000 to rebate the construction sales tax collected, and up to $540,000 in an Employment Development Incentive for new qualified full-time positions created. 5 If Bechtel entirely ceases all operations at the project during the period from the first, and including the third, anniversary of first payment, Bechtel agrees to repay Glendale all amounts paid to them. If Bechtel entirely ceases all operations at the Project during the period from the fourth, and including the tenth, anniversary of the date of first payment, Bechtel agrees to repay the City of Glendale 10% of the total amount Bechtel received from the City of Glendale. This project provides several benefits to the community. At 150,000 square feet, this will be the largest non-municipal or medical, class A office development in the City. The project will create approximately 450 office jobs, with an average wage of $18.00 per hour. Total project capital investment is estimated at $14,000,000. This project meets the City Council objective of creating high-quality jobs within proximity to Glendale residents. The recommendation was to waive reading beyond the title and adopt a resolution that will authorize the City Manager to enter into a development agreement with Bechtel Corporation. Resolution No. 3464 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 DEVELOPMENT AGREEMENT WITH BECHTEL CORPORATION; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Eggleston, and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4, including the approval and adoption of Resolution No. 3462 New Series, Resolution No. 3463 New Series, and Resolution No. 3464 New Series. The motion carried unanimously. BIDS AND CONTRACTS 5. AWARD OF CONSTRUCTION CONTRACT — WATER PRESSURE ZONE SPLITS, PRESSURE REDUCING VALVE INSTALLATIONS Mr. Grant Anderson, City Engineer, presented this request for City Council award of a construction contract to Pierson Construction Corporation in the amount of $1,174,875 for pressure reducing valve (PRV) installations in the City's water distribution system. The five pressure reducing valve installations are needed along the City's three water pressure zone boundaries. These boundaries separate Water Pressure Zones 1, 2, 3, and 4. The main function of the PRV installations will be to improve the flow of Pyramid Peak and Cholla Water Treatment Plant water into central and western Glendale. This improved flow of water is provided by adding connections to existing water mains to more evenly distribute the water and to better regulate the water 6 pressure to achieve more uniform pressures in the three water zones. The underground pressure reducing valve vaults will be located along 67th Avenue at Beardsley Road and Sweetwater Avenue, 64th Avenue and Union Hills Drive, 51st Avenue and Grovers Drive, and 75th Avenue and Camelback Road, in the right-of-way, out of the streets. There will be trenching required in the streets to gain access to the water mains which will cause minimal traffic restrictions. Three bids were received and opened on March 30, 2001. Pierson Construction Corporation submitted the low bid in the amount of $1,174,875. The City's design consultant, Primatech Engineers and Consultants, reviewed the bids and qualifications of the low bidder and recommended award of the contract to Pierson Construction Corporation. Engineering staff agreed with this recommendation. Funds are available for this project in Fiscal Year 2001-2002 Capital Improvement Program, Zone 1 and Zone 2 Improvements, Account Number 50-9010- 8300. The recommendation was to award the construction contract to Pierson Construction Corporation in the amount of $1,174,875. It was moved by Lieberman, and seconded by Frate, to award the construction contract to Pierson Construction Corporation in the amount of $1,174,875. The motion carried unanimously. 6. AWARD OF CONSTRUCTION CONTRACT — 615T AVENUE AND CHOLLA STREET SCALLOP IMPROVEMENTS 58TH AVENUE PARKING LOT REFUSE ENCLOSURE AND 51ST AVENUE EQUESTRIAN TRAIL WALL Mr. Grant Anderson, City Engineer, presented this request for City Council award of a construction contract to Archon Incorporated in the amount of $627,788 for the construction of the 61 ' Avenue and Cholla Street Scallop Improvements. This project consists of constructing curb, gutter, sidewalk, street lighting, and the undergrounding of overhead power, between 59th and 61st Avenues on Cholla Street and along 61st Avenue from Cholla to Cortez Streets. The installation of a waterline and sanitary sewer in Cholla Street from 59th to 61st Avenues, and a waterline in 59th Avenue, from Cholla Street to Cactus Road which completes the looping of Zone 1, and eliminates dead end lines, is also included in the base project. In an effort to receive responsive bids for two smaller City projects, the following projects were bid as add alternates: (1) the construction of a joint use refuse enclosure located in the City parking lot, south of Glendale Avenue and west of 58th Avenue, and (2), the modification of a block masonry retaining wall, to tie the existing Thunderbird Park multi-use trail system into the existing trail at 51st Avenue and Potter as requested by the Parks and Recreation Department. 7 Five bids were received and opened on March 30, 2001, with Archon Incorporated submitting the lowest total bid in the amount of $627,788. This includes the base bid of $593,038 for the street improvements, $10,000 for Add Alternate #1 for the refuse enclosure, and $24,750 for Add Alternate #2 for the block masonry retaining wall. The City's Engineering Department reviewed the bids and recommended award of the construction contract, with Add Alternates 1 and 2, to Archon Incorporated. Funds in the amount of $244,219 are available in Street General Obligation Bond Fund (Street Scallop Improvements) Account Number 62-8558-8300 for the street improvements. Transfers as follows will need to be made into the above account from the following accounts: • $348,819 from Account Number 50-9249-8300, Line Replacement & Extensions, for the water and sewer main extensions • $5,000 from Account Number 57-6271-7330, Sanitation Frontload, for refuse enclosure • $5,000 from Account Number 01-8970-8320, Downtown Projects Fund, for refuse enclosure • $24,750 from Account Number 01-6227-7330, Parks North District, for the block masonry retaining wall The recommendation was to award the construction contract, with Add Alternates 1 and 2, to Archon Incorporated in the total amount of $627,788. It was moved by Lieberman, and seconded by Goulet, to award the construction contract, with Add Alternates 1 and 2, to Archon Incorporated in the total amount of $627,788. The motion carried unanimously. 7. WEST AREA WATER RECLAMATION FACILITY CAPACITY RE-RATING AND EXPANSION EVALUATION PROGRAM Mr. Grant Anderson, City Engineer, presented this request for City Council approval of a professional services agreement with the firm of Malcolm Pirnie Inc. in an amount not to exceed $452,132. They will provide engineering services for the Capacity Re-Rating and Expansion Evaluation Program efforts for the City of Glendale West Area Water Reclamation Facility Project, Aquifer Recharge Facility, and the Raw Sewage Pump Station Facility. The West Area Water Reclamation Facility was designed and constructed at a capacity of 4.3 million gallons per day. This amount was determined to be the required Phase I capacity needs of the ultimate 15 million gallons per day facility. However, the Phoenix Subregional Operating Group (SROG) determined late last year that the wastewater meters have been under-reporting the City's wastewater flow to the jointly- owned treatment plant. This information necessitates the current need to upgrade the 8 West Area Treatment Facilities' ability to treat approximately 7 million gallons a day within the next year. Malcolm Pirnie will review the existing facility operation and performance characteristics, develop an implementation plan to increase capacity, and conduct verification testing of the plan. Upon verification of the testing, Malcolm Pirnie will review issues related to expanding plant capacity ratings and reapply for State and County permits establishing increased facilities capacity. Because of their prior involvement in the project, Malcolm Pirnie, as the designer of Phase I of the West Area Water Reclamation Facility, will provide the best, timeliest, and most cost effective design to meet the City's need to have this treatment capacity available within the next year. Funds are available in the 2001-2002 Capital Improvement Program, Utilities Funds, Account Number 50-9246-8330. The recommendation was to approve the professional services agreement with the firm of Malcolm Pirnie Inc. in an amount not to exceed $452,132. It was moved by Clark, and seconded by Eggleston, to approve the professional services agreement with the firm of Malcolm Pirnie Inc. In an amount not to exceed $452,132. Councilmember Martinez asked if the City had any recourse against the company that provided the wastewater meters. Mr. Anderson explained that the meters are at least 20 years old and, therefore, no recourse is available at this time. Upon a call for the question, the motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSE Agenda Items No. 8 and 10 were heard separately. 9. LIQUOR LICENSE NO. 3-753 - COSTCO WHOLESALE This was a request for a location transfer of a series 9 (off-sale retail, all liquor) license for Costco Wholesale, which is located at 17550 North 79th Avenue. There have been no prior liquor licenses at this location. Costco Wholesale has received a conditional use permit for all of its proposed uses. The series 9 license will be transferred from Costco Wholesale, which is located at 3801 North 33rd Avenue in Phoenix. The approval of this license will increase the number of liquor licenses in the area by one. 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 9 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. 11. LIQUOR LICENSE NO. 3-756 - TIME OUT BAR This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for the Time Out Bar, which is located at 9250 North 43rd Avenue, Suites 17 & 18. The previous owner operated this business as the Time Out Bar and held a series 6 (on- & off-sale retail, all liquor) license at this location. 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 State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 9 and 11. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-753 for Costco Wholesale and No. 3-756 for Time Out Bar to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 8. LIQUOR LICENSE NO. 3-7tAKO AKO LIQUORS This was a request for a person transfer of a series 9 (off-sale retail, all liquor) license for AKO Liquors, which is located at 5928 West Glendale Avenue. The previous owner operated this business as AKO Liquors and held a series 9 (off-sale retail, all liquor) license at this location. The previous owner is still operating this establishment while the application for this person transfer is pending. The approval of this license will not increase the total number of liquor licenses in this area. 10 One protest was received outside of the posting period from the leader of the Orchard Glen Neighborhood Partnership. The protest is based on the negative impact this business has on the surrounding neighborhood and that there are enough liquor licenses in the area. The establishment is over 300 feet from any school or church. The Planning Department and the Health Department have reviewed the application and determined that it meets all technical requirements. The Police Department reviewed the application and recommended denial. The Police Department recommended denial based on the police reports for this business and that the public convenience requirements and the best interest of the community will not be substantially served by the issuance of this 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 denial. Mayor Scruggs opened the public hearing on Agenda Item No. 8. Mr. John Flores, a resident of the City of Glendale Ocotillo District, stated that he strongly opposed approval of the license because of his belief that liquor encourages violence. He said he is the President of the Ocotillo Rose Neighborhood Association and they have been fighting crime, drugs, and violence in their neighborhood and they believe that there are more than sufficient liquor licenses in the area. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, said she represented both the Orchard Glenn Neighborhood Partnership and her two small children. She said they are constantly barraged with intoxicated people at all hours of the day and night. She stated that people sleep on the streets in front of their homes and her children are subjected to seeing people urinate in their yard. She said her children have to be careful when playing in their yard because of the empty beer bottles discarded there on a daily basis. She said people trying to gain access to the liquor store also cause severe traffic problems at the intersection. She reported that the neighborhood had asked State Liquor Enforcement to get involved back in July of 2000 and two of the agents told her they had never seen a worse situation. She noted seeing State Liquor Enforcement agents writing citations on her way to tonight's meeting. She said the neighborhood is also subjected to the establishments "peripheral" customers, who are engaged in drugs and prostitution. She said the drug dealers and prostitutes often sit on the SRP (Salt River Project) irrigation box out front, panhandle, and shout obscenities to those passing by. She asked the Council to consider quality of life issues in the area. She stated that there is blatant disregard for the area, as is apparent by the visual blight of the building itself, and disregard of liquor laws as evidenced by the records of the State Liquor Enforcement and City of Glendale Police Department on the establishments. She asked the Council to deny the application. 11 Ms. Rosilyn Miller. a resident of the City of Glendale Ocotillo District, said the store was originally a good neighborhood establishment; however, it now attracts a very undesirable clientele. She said she supported the recommendation for denial of the license. Ms. Karleen Miller. a resident of the City of Glendale Ocotillo District, submitted a Public Hearing Speaker's Card, stating that she was in opposition and did not wish to speak. Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Frate, to forward Liquor License Application No. 3-751 for AKO Liquors to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Councilmember Goulet said it truly is a quality of life issue for the neighborhood. He referred to a worksheet provided by the Police Department, listing the violations that the establishment had been found guilty of. He said they are neither a good neighbor, nor beneficial to the neighborhood. He asked that his comments be taken into strong consideration by the State Liquor Board and that they listen to what the neighborhood and the leaders of the neighborhood associations say about what this establishment does to them on a daily basis. Councilmember Clark read Section R19-1-102 from the State of Arizona Liquor Board's Regulations, bringing special attention to certain items. She said Item 1 refers to testimony from persons residing in the neighborhood who are opposed to the issuance of the license. She stated that Item 2 refers to the number and series of licenses in close proximity. She noted that there are a total of 41 licenses within a one- mile radius, five of which are Series 9 licenses. She pointed out that Item 10 refers to the establishment's history of liquor violations for the past five years. She noted that information provided by the Police Department indicates an ongoing history of liquor violations. She said, on the basis of Items 1, 2 and 10, she was requesting that the State Liquor Board deny the license. Councilmember Frate pointed out that there are two violations currently pending - one for failure to request identification from a juvenile and one for selling to juveniles. He said this shows that the violations are continuing and are not isolated incidences. Councilmember Martinez stated that he also strongly supported the recommended action of denial. Upon a call for the question, the motion carried unanimously. 12 10. LIQUOR LICENSE NO. 3-754 - MIGUELITO'S CANTINA This was a request for a person and a location transfer of a series 7 (on- & off- sale retail, beer & wine) license for Miguelito's Cantina, which is located at 5932 West Glendale Avenue. The owner currently has an inactive series 12 (restaurant) license at this location. The approval of this license will increase the number of liquor licenses in the area by one unless the series 12 license is cancelled. The current licensee of the series 7 license is Latino Express located at 8880 West Via Linda in Scottsdale. In April of 1999, the City Council recommended denial of the request for the series 12 license. The State of Arizona Department of Liquor Licenses and Control also protested the application because it did not feel the application met the requirements of a restaurant. In July of 1999, based on its findings that the applicant met the requirements for a restaurant license, the State Liquor Board granted the issuance of the series 12 license. One protest was received from the leader of the Orchard Glen Neighborhood Partnership. The protest is based on the negative impact this business has on the surrounding neighborhood and that there are enough liquor licenses in the area. The establishment is over 300 feet from any school or church. The Health Department and the Planning Department have reviewed the application and determined that it meets all technical requirements. The Police Department reviewed the application and recommended denial. The Police Department recommended denial based on the unsatisfactory showing of the capability, qualifications, and reliability of the applicant due to the liquor violations the applicant had while operating the series 12 license at this location. The Police Department also recommended denial based on the public convenience requirements and the fact that the best interest of the community will not be substantially served by the issuance of this 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 denial. Mayor Scruggs opened the public hearing on Agenda Item No. 10. Mr. John Flores, a resident of the City of Glendale Ocotillo District, stated that he opposed this license request as well because of the violence liquor seems to encourage and the number of liquor licenses in the area. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, said the problems that plague AKO also plague Miguelito's Cantina due to their close proximity. She noted that five of the seven buildings from 59th to 60th Avenues have liquor licenses. She pointed out that the other two buildings were vacant. She asked the Council to recommend denial of the license. 13 Ms. Rosilvn Miller, a resident of the City of Glendale Ocotillo District, said the Orchard Glenn Neighborhood Partnership had worked hard to turn the neighborhood around. She stated that the clientele attracted by the applicant were not good for the neighborhood and result in traffic problems and intoxicated people hanging around the building. She said she supported the recommendation to deny the license. Ms. Alicia Montoya-Sanchez, an attorney in the City of Phoenix, representing the applicant, Mr. Miguel Rodriguez, said the building had been closed since July 5, 2001 due to a fire. She stated that he was on the verge of re-opening and planned to use his existing Series 12 license if the Series 7 license was denied. She asked the Council to allow Mr. Rodriguez to transfer to the Series 7 license. She stated that he would like to be a good neighbor and work with the neighborhood organizations to make them more comfortable with the establishment. She noted that Mr. Rodriguez would cancel his Series 12 license if the Series 7 license was approved; therefore, the number of liquor licenses in the area would not increase. She stated that they had reviewed the calls listed on the Police Department reports. She explained that most of them were due to transients in the neighborhood. She said Mr. Rodriguez and his sister admitted to having been accosted by some of those transients and did what they could to get them to leave. She said the problems were not the result of people drinking at Mr. Rodriguez's establishment. She noted that most of the liquor consumed by those causing the problems was not even available at his establishment. She stated that the applicant's close proximity to AKO was the major problem. She reported that Mr. Rodriguez acknowledged and took care of his two violations. She explained that they were caused, in a sense, by a lack of experience. Ms. Karleen Miller, a resident of the City of Glendale Ocotillo District, submitted a Public Hearing Speaker's Card, stating that she was in opposition and did not wish to speak. Mayor Scruggs closed the public hearing. Mayor Scruggs noted that Ms. Montoya-Sanchez should have been called as the applicant's representative, and not have spoken as part of the public hearing. She explained that questions from the Council are not typically part of the public hearing process. She noted that, because Ms. Montoya-Sanchez represented the applicant, questions from the Council for Ms. Montoya-Sanchez would be allowed. Ms. Montoya-Sanchez continued with her comments. She stated that Mr. Rodriguez recently attended an alcohol training program and now has one year's experience; therefore, he would not make the same mistakes again. Councilmember Clark asked for an explanation of the violations that the applicant was found guilty of. Ms. Montoya-Sanchez explained that the first violation was for selling liquor after hours. She explained that he did not actually sell liquor after hours, but people were still drinking their liquor after 1:00 a.m. and a policeman came in. She stated that the second violation occurred when Mr. Rodriguez was out of the establishment. She explained that investigators from the State Liquor Board came in at 14 approximately 9:40 p.m., asked for some beef tacos, and were told the kitchen had closed. She stated that, while cold seafood was available, the applicant was cited for serving liquor when the kitchen facilities were not open. Councilmember Clark asked if the applicant ever attempted to contact the neighborhood during the year he was doing business. Ms. Montoya-Sanchez stated that he had not. Councilmember Goulet stated that, while the applicant may have good intentions, he cannot control his clientele's behavior. Ms. Montoya-Sanchez said the applicant's clientele was not the problem and that those who caused the problem had been doing so long before Mr. Rodriguez's establishment was there. Mayor Scruggs pointed out that a Series 7 license allows the for retail sale of liquor, which is what the neighborhood was most concerned about. Ms. Montoya- Sanchez stated that the applicant did not intend to sell liquor for off-site consumption. Mayor Scruggs re-opened the public hearing to continue with citizen comments. As no additional comments were made, she again closed the public hearing. It was moved by Goulet, and seconded by Clark, to forward Liquor License Application No. 3-754 for Miguelito's Cantina to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Councilmember Martinez asked Mr. David Dobrotka, Police Chief, to respond to Ms. Montoya-Sanchez' claim that the applicant only had two violations. Mr. Dobrotka questioned whether Ms. Montoya-Sanchez could say definitively that the people who caused the problems listed in the police report were not the applicant's clientele. He pointed out that there were 29 calls for service during the ten months prior to the business closing. He added that, since it had been closed, they received 7 calls, two of which were related to fire. Councilmember Clark said, based on Items 1, 2 and 10 included in the criteria made available by the State Liquor Board, she would support a recommendation of denial. She noted that a bill currently in front of the State Legislature would make people with series licenses responsible for activity that occurs in their parking lots. She recommended that the people in the neighborhood contact the State Legislature to voice their support of the bill. Councilmember Goulet agreed with Councilmember Clark. He noted that the bill she referred to, SB1347 Neighborhood Preservation, is sponsored by Senator Chris Cummiskey. He said the sanctions follow a trend of heightened awareness throughout the state. He also urged residents to contact the State Legislature to voice their support. Vice Mayor Eggleston asked when the item would come before the State Liquor Board. He suggested that the Council could testify at the hearing. 15 Upon a call for the question, the motion carried unanimously. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 12. SPECIAL EVENT LIQUOR LICENSE FOR C.A.S.A. - MAY 3-5, 2001 This was a request for a special event liquor license for C.A.S.A ("Center Against Sexual Abuse"). The event is Cinco de Mayo, which will be located at the Don Pablo's Restaurant, 7458 West Bell Road. The event will be held from 11:00 a.m. to 10:00 p.m. on Thursday, May 3, 2001, from 11:00 a.m. to midnight on Friday, May 4, 2001, and from 11:00 a.m. to midnight on Saturday, May 5, 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 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. 12. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward the Special Event Liquor License Application for C.A.S.A. (Center against Sexual Abuse) for a Cinco de Mayo event to be held at Don Pablo's Restaurant, 7458 West Bell Road, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 13. RELOCATION OF IRRIGATION DITCH - DESERT MIRAGE GOLF COURSE Mr. Grant Anderson, City Engineer, presented this item. The development of the Desert Mirage Golf Course, at 87th and Maryland Avenues, required the exchange of real property to accommodate the relocation of a lateral irrigation ditch owned by the United States. The ditch has been relocated and the Bureau of Reclamation (BOR) has completed the paperwork necessary for the exchange and forwarded it to the City of Glendale for processing. The BOR is requesting that the City execute a deed for the new ditch location and forward it to them, with a copy of a title policy. They will then execute a deed to the City for the prior location. 16 There are some administrative costs associated with this exchange that the City agreed to at the time of the golf course construction. The costs include title company charges for title insurance and customary closing costs. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the execution of a general warranty deed and any other documents necessary for the relocation of a United States lateral irrigation ditch. Ordinance No. 2190 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 AND DIRECTING THE REAL PROPERTY LOCATED AT THE DESERT MIRAGE GOLF COURSE AT 87TH AND MARYLAND AVENUES IN THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, TO BE DEEDED TO THE BUREAU OF RECLAMATION FOR THE PURPOSE OF RELOCATING A LATERAL IRRIGATION DITCH OWNED BY THE UNITED STATES, AND DIRECTING THE EXECUTION OF ALL DOCUMENTS NECESSARY FOR THE RELOCATION. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2190 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. 14. ABANDONMENT OF A PORTION OF A PUBLIC WATERLINE EASEMENT FOR MIDWESTERN UNIVERSITY Mr. Grant Anderson, City Engineer, presented this item. As part of the expansion of Midwestern University located east of 59th Avenue between Behrend and Utopia Roads, it will be necessary to relocate a portion of an existing waterline and abandon the waterline easement. The waterline is located within a 12-foot easement dedicated to the City. The waterline will be relocated approximately 20 feet west of the current location. A replacement easement has been executed by the owners and will be recorded when the abandonment is granted. There are no other property owners or utilities involved in the abandonment of this property. There are no costs associated with this abandonment. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning a portion of the public waterline. Ordinance No. 2191 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 A PORTION OF A WATERLINE EASEMENT LOCATED AT MIDWESTERN UNIVERSITY, WEST OF 59TH AVENUE BETWEEN BEHREND AND UTOPIA ROADS TO THE OWNERS OF 17 RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Frate, and seconded by Lieberman, to approve Ordinance No. 2191 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. NEW BUSINESS 15. RE-APPOINTMENT OF THE CITY JUDGE Doctor Martin Vanacour, City Manager, presented this item. The City Council appoints the City Judge for a two-year term. The term for the City Judge expires on April 26, 2001. The recommendation was to consider the re-appointment of the City Judge for a two-year term beginning April 27, 2001 and ending April 26, 2003; and set the annual salary for the term. It was moved by Eggleston, and seconded by Clark, to re-appoint Ms. Jean Baxter as the City of Glendale City Judge, for a two-year term beginning April 27, 2001 and ending April 26, 2003. The motion carried unanimously. BOARDS AND COMMISSIONS 16. BOARDS AND COMMISSIONS Appointments are to be made to the following boards or commissions that have a vacancy or expired term. Effective Term Date Expires Historic Preservation Commission Reina, Phillip (Vice-Chair) Appointment 04/24/2001 04/23/2002 Irvine, Teddy H (At-Large) Re-appointment 04/24/2001 04/23/2003 Library Advisory Board Young, Nancy (Vice-Chair) Appointment 04/24/2001 04/23/2002 Parks & Recreation Advisory Commission Gitelson, Richard (Sahuaro) Re-appointment 04/24/2001 04/08/2003 18 Personnel Board Beck, Bob (Vice-Chair) Appointment 04/24/2001 04/23/2002 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above to the Historic Preservation Committee, the Library Advisory Board, the Parks & Recreation Advisory Commission, and the Personnel Board, for the terms listed above. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to hold a Regular City Council Workshop at 1:30 p.m. on Tuesday, May 1, 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. CITIZEN COMMENTS Mr. Charlie Grim a resident of the Cit of Glendale Barrel District, expressed his concern about the growth of 24-hour retail operations in the City, especially large stores located in residential neighborhoods. He said homeless people are a major problem because 24-hour stores provide access to bathrooms, shelter from the weather, and numerous items for shoplifting. He stated that the parking lots provide an endless stream of customers to panhandle from. He said his main concern was that those people, once made to leave the store's premises, scatter into the adjoining neighborhoods. He asked the Council to carefully scrutinize any plans for 24-hour super-retailers, especially if residential neighborhoods are located nearby. Ms. Kathleen Lewis, a resident of the City, of Glendale Cholla District, congratulated the Council on their agreement with the Coyotes and the Ellman Companies. She said the Manistee Town Center would be an appropriate site for a large 230,000 square foot supercenter and predicted that it would be a great success with the addition of the Ellman Companies. She pointed out that tax dollars from any supercenter eventually brought to the Manistee Town Center would stay in the City of Glendale. She stated that she looked forward to the open and truthful development of the Manistee Town Center. Mr. Rick Tannehill, a resident of the City of Glendale Barrel District, thanked the Council for their support of neighborhoods and good land use planning. He said he was appalled by recent comments directed against the Council and urged them to stay on course amidst the controversy. 19 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark reported that two meetings had been scheduled to allow residents of the Yucca District an opportunity to help in the master planning of the City of Glendale West Area Regional Park facility. She stated that the first meeting was scheduled for Thursday, May 3, 2001 at Discovery Elementary School and the second was scheduled for Thursday, May 24, 2001 at Desert Mirage Elementary School. She stated that two meetings regarding the Grand Canal Linear Park and Bethany Home Outfall Channel have been scheduled for May 23, 2001 and May 31, 2001 at Desert Mirage Elementary School. She encouraged the residents of the Yucca District to attend the meetings. Councilmember Goulet invited members of the Sands Neighborhood Association to a meeting on Thursday, April 26, 2001, at Landmark School, to discuss issues of concern to that neighborhood. He noted that Friday, April 27, 2001 is Arbor Day and an event will be held at El Barrio Park from 3:00 to 5:00 p.m. He encouraged residents to attend. He congratulated Ms. Jean Baxter, City Judge, on her re-appointment. He expressed his appreciation to Mr. Grant Anderson, City Engineer, for all he has done for the City. He wished Mr. Anderson luck in the future. Councilmember Lieberman also congratulated Ms. Baxter on her re- appointment. He stated that she has done a tremendous job with the City's court system. He told Mr. Anderson that he would be missed and wished him the best. Vice Mayor Eggleston said he would miss Mr. Anderson and wished him well. He stated that he was happy Ms. Baxter consented to her re-appointment. Councilmember Martinez congratulated Ms. Baxter. He reported that the Cholla District held two public meetings regarding the multi-generational facility and aquatic center which are now in the design phase. He said the meetings were well attended and they received very good input from citizens. He noted that residents were being asked to complete questionnaires. He asked those interested to contact the Council Office to obtain a questionnaire. He wished Mr. Anderson luck in the future and thanked him for his service and support. Councilmember Frate congratulated Ms. Baxter on her re-appointment and wished Mr. Anderson luck in his new career. He thanked the Oak Hollow Neighborhood for their annual homeowners' association picnic. He stated that both he and his wife had a nice time at the picnic. Mayor Scruggs stated that they should congratulate the City, not Ms. Baxter, on her re-appointment because the City will continue to benefit from her service for the next two years. She wished Mr. Anderson well. She stated that the development agreement with Bechtel Corporation represents the culmination of years of effort and goal setting by the City Council. She said one of Council's goals has been to bring quality employment into the City. She noted that 80% of Glendale residents have to go 20 elsewhere for employment. She stated that Bechtel's decision to move to Glendale is a good start on increasing employment in the City of Glendale. She explained that there will be a new 150,000 square foot office facility constructed in Talavi Business Park, 100,000 square feet of which will be leased by the Bechtel Corporation. She said Bechtel has agreed to maintain a local corporate office on the property for a period of not less than 10 years and plans on hiring 450 employees at an average wage of $18 per hour. She thanked Mr. Jim Colson, Economic Development Director, for his hard work on this project. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. /41(7-7 Pamela • v-ira - City Clerk 21