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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/22/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JANUARY 22, 2002, AT 7:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Councilmember Joyce V. Clark was absent. Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, 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 one resolution 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 THE JANUARY 8, 2002 SPECIAL CITY COUNCIL MEETING AND THE JANUARY 8, 2002 CITY COUNCIL MEETING It was moved by Goulet and seconded by Frate, to dispense with the reading of the minutes of the January 8, 2002 Special City Council Meeting and the January 8, 2002 City Council Meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS NATIONAL MENTORING MONTH PROCLAMATION The future course of the City of Glendale, the State of Arizona, and our Nation rests on the shoulders of our youth. Mentoring, matching a caring, responsible adult with a child has proven to be an effective strategy for providing guidance and building confidence within children. The celebration of National Mentoring Month will encourage more people to volunteer as mentors, to the benefit of young children in the City of Glendale and nationwide. Mayor Scruggs proclaimed the month of January 2002 as National Mentoring Month and presented the proclamation to Ms. Lori Collins Walk, Executive Director for Grants Development and Community Education for the Glendale Elementary School District. Ms. Walk thanked the Mayor and Council. She stated that the City of Glendale has already demonstrated its leadership and commitment to children by being the first city to adopt the Kids of Hope philosophy. 1 PROCLAMATION OF RECOGNITION FOR HARRISON THOMAS "H.T." BARKLEY Mr. Harrison Thomas "H.T." Barkley, a sophomore at St. Mary's High School, has been selected to be a member of the Winter Olympics Torch Relay Team. H.T. was one of 11,500 selected for this honor out of 210,000 nominees. H.T. will carry the torch on January 14, 2002 in Yuma, Arizona for approximately .2 mile. He was seriously injured in a car accident when he was two-years old and doctors didn't believe he would regain use of his right arm or leg. H.T. has overcome each physical and mental obstacle with a constant smile and positive attitude, he now has full use of his arm and leg. H.T. is a member of St. Mary's High School band and plays both the keyboard and sax. He also volunteers his time at John C. Lincoln Hospital and St. Helen's Catholic Church. Mayor Scruggs presented a Proclamation of Recognition to Harrison Thomas "H.T." Barkley for having been selected to be a member of the Winter Olympics Torch Relay Team on January 14, 2002 in Yuma, Arizona. Mr. Barkley thanked the Mayor and Council. AWARD OF EXCELLENCE PRESENTED TO KGLN - CHANNEL 11 KGLN, Channel 11, is the government access channel for the City of Glendale. More than 70% of its program schedule features programming that is produced by KGLN staff. One of its signature programs is City Beat, a half-hour news and information show that allows Glendale citizens the opportunity to learn about newsworthy events taking place in City government, actions undertaken by the City Council, Boards and Commissions, as well as the many activities sponsored by the City. City Beat recently underwent a major restructuring. Some of the changes and innovations included construction of a new set, the purchase of a new graphics package, animation, and the addition of a female co-anchor. The program was also extended from 20 minutes to one half-hour. The result was a news program that compares favorably with those produced by commercial broadcast entities. The new, improved City Beat was submitted in the 3CMA sponsored Savvy awards, which recognizes outstanding local government achievements in communications, public sector marketing, and citizen-government relationships. City Beat was presented with the Award of Excellence in the Regular Programming category. Dr. Katrina Covington-Whitmore, Cable Department Manager, presented the 3CMA Award of Excellence for City Beat to Mayor Scruggs and the Glendale City Council. Mayor Scruggs thanked KGLN staff for all they do to keep the citizens of Glendale informed. 2 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 and 2 by number and title. 1. AWARD OF CONSTRUCTION CONTRACT — MISCELLANEOUS SIDEWALK IMPROVEMENTS This was a request for the City Council award of a construction contract to Down to Earth Contraang, Incorporated, in the amount of $223,471.40, for construction of miscellaneous sidewalk improvements. The project covers four separate locations. The first project is located on the east side of 67th Avenue, between Sweetwater Avenue and Thunderbird Road. The work consists of tiling the irrigation ditch, constructing curb, gutter, and sidewalk. The second project location will consist of constructing sidewalk on the north and south sides of Utopia Road, between 78th Drive and 78th Lane, thus completing the existing sidewalk in this area. The third location will consist of constructing sidewalk on the east side of 59th Avent,e, between Orangewood and Hayward Avenues. The fourth location will consist of constructing curb, gutter, and sidewalk on the north side of Marlette Avenue, between 49th and 51st Avenues. There were a total of five bids opened and read on December 14, 2001. Down to Earth Contracting, Incorporated, submitted the low bid. The Engineering Department staff reviewed the bids and recommended award of the construction contract to Down to Earth Contracting, Incorporated. Funds in e amount of $144,471.40 are available in the Street Improvements Fund, Account Number 12-9621-8300. However, a transfer of funds from the following accounts needs to be made to complete the project: $31,000 from Ocotillo District, Capital Projects Account Number 01-1126-8400 and $48,000 from Street Maintenance Account Number 12-6232-7330. The recommendation was to approve the transfer of funds and award the construction contract to Down to Earth Contracting, Incorporated, in the amount of $223,471.40. 2. FINAL PLAT APPLICATION FP-01-07: "ARROWHEAD COMMERCE PARK" 7290 WEST CAMINO SAN XAVIER This was a request by Bruce Campbell for final plat approval for a subdivision titled "Arrowhead Commerce Park". The site is located at the northeast corner of the 73rd Avenue alignment and Camino San Xavier. The subdivision includes 18 business park lots on 23.69 gross acres. Lots range in size from 43,731 square feet to 64,586 square feet, with an average lot size of 51 ,034 square feel:. The minimum lot width is 62 feet. 3 The final plat is in conformance with the existing PAD (Planned Area Development) zoning district and the preliminary plat approved by the Planning Commission on May 17, 2001. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application FP-01-07. CONSENT RESOLUTION 3. NOTICE OF PRIMARY ELECTION - MARCH 12, 2002 State law provides that the City Council of a municipality may adopt and publish a Notice of Primary Election. This notice contains important information regarding the Primary Election, including a list of polling places. The Notice of Primary Election is published twice in the Glendale Star, the City of Glendale's official newspaper. The recommendation was to waive reading beyond the title and adopt a resolution giving notice of the City of Glendale Primary Election on March 12, 2002. Resolution No. 3531 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 PRIMARY ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR COMPENSATION. It was moved by Lieberman, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1, 2 and 3, including the approval and adoption of Resolution No. 3531 New Series. The motion carried unanimously. LAND DEVELOPMENT ACTIONS - PUBLIC HEARING 4. REZONING APPLICATION Z-01-08: 7540 NORTH 63RD AVENUE Ms. Teresa Halverson, Planner, presented this application by Mr. Alex Nunez to rezone a 1.2-acre property from R-4 (Multiple Residence) to M-1 (Light Industrial). The site is located approximately 445 feet north of the northwest corner of 63rd and Grand Avenues. The site is currently vacant. The owner intends to construct a construction- related business with an office and storage yard. The requested M-1 zoning is consistent with the General Plan designation of Light Industrial. M-1 zoning is a better fit for this site than the R-4 district. The character of the area is industrial and the small size of the site makes multiple residence development unsuitable. 4 At its hearing held on November 15, 2001, the Planning Commission recommended approval of Rezoning Application Z-01-08, subject to two stipulations. No one, other than the applicant, spoke at the hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-01-08, subject to the two stipulations recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 4. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to approve Rezoning Application Z-01-08, subject to the two stipulations recommended by the Planning Commission. The motion carried unanimously. 5. GENERAL PLAN AMENDMENT GP-01-02 AND REZONING APPLICATION Z-01-04: 6830 WEST BETHANY HOME ROAD Ms. Susan Hacker, Planner, presented this request by AEC Consultants for BASKI Company, LLC to amend the General Plan Land Use Map from 12-20 residential dwelling units per acre to 5-8 dwelling units per acre and rezone from R-4 (Multiple Residence) to R1-4 PRD (Single Residence, Planned Residential Development). The property is a 2.3 acre site located on the north side of Bethany Home Road, west of 67th Avenue. This request would allow a 9 lot single-family development at a gross density of 3.91 residential dwelling units per acre. The requested designation of 5-8 residential dwelling units per acre is appropriate for the site. Since the adoption of the 1989 General Plan, single-family development has occurred to the south and northwest of the site. The proposed amendment would continue the single family character of the area. The proposed R1-4 PRD zoning request is consistent with the proposed General Plan Amendment. The proposed development plan shows nine single-family lots at a density of 3.9 dwelling units per gross acre. The lot sizes vary from 4,841 square feet to 4,998 square feet, with anaverage lot size of 4,964 square feet. The proposed minimum lot width is 45 feet and the proposed minimum lot depth is 100 feet. At a hearing held on December 6, 2001, the Planning Commission voted to recommend approval of General Plan Amendment GP-01-02 and Rezoning Application Z-01-04, with Rezoning Application Z-01-04 being subject to three stipulations. No one, other than the applcant, spoke at the public hearing. The recommendation was to conduct a public hearing and approve General Plan Amendment GP-01-02 and Rezoning Application Z-01-04, with Rezoning Application Z-01-04 being subject to the three stipulations recommended by the Planning Commission. 5 Councilmember Lieberman said it was his understanding that the City would no longer allow R1-4, which allows for lot widths of less than 50 feet. Ms. Hacker clarified for Councilmember Lieberman that R1-4 district is still in the Zoning Ordinance and is allowed given the project's infill status. Councilmember Goulet reported that the neighborhood located west of the subject property sJpports the infill project. Mayor Scruggs opened the public hearing on Agenda Item No. 4. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Frate, to approve General Plan Amendment GP-01-02 and Rezoning Application Z-01-04, with Rezoning Application Z-01-04 being subject to the three stipulations recommended by the Planning Commission, The motion passed by a vote of 6-to-1, with Lieberman voting "nay". BIDS AND CONTRACTS 6. MOBILE DATA COMPUTER SYSTEM UPGRADE Mr. David Dobrotka, Police Chief, presented this item. In 1992, the Glendale Police Department purchased the Mobile Data Computer System which allowed police officers to access local, state, and national crime information databases from their patrol vehicles. The system maximizes the efficiency of the computer-aided dispatch system by allowing efficient, accurate, and secure electronic dispatching. The current Mobile Data Computer System has had no significant changes made since it was purchased in 1992. This system is now out-of-date, parts are no longer available for repair, and the system controllers are no longer supported. The new updated computers will be used by officers and the system will allow the City to add current software and upgrade the controllers to a supportable platform. The higher speed radio channel will also allow faster access to all local and state systems. The total cost to upgrade the system is $1,164,125.49. Funding sources include $937,000 from current computer replacement funds, $100,000 savings from the maintenance budget over the next two years, and $145,000 currently budgeted in this year's budget. The recommendation was to authorize the City Manager to execute an agreement for the purchase of the Mobile Data Computer System with Motorola Incorporated, in an amount not to exceed $1,164,125.49. It was moved by Eggleston, and seconded by Goulet, to execute an agreement for the purchase of the Mobile Data Computer System with Motorola Incorporated, in an amount not to exceed $1,164,125.49. The motion carried unanimously. 6 PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 7. SPECIAL EVENT LIQUOR LICENSE FOR THE GLENDALE CIVIC PRIDE AMBASSADORS — FEBRUARY 1 — FEBRUARY 3, 2002 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. The event is the 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 vill be held from 5:00 p.m. to 10:00 p.m. on Friday, February 1, 2002; from 10:00 a.m. to 10:00 p.m. on Saturday, February 2, 2002; and from 10:00 a.m. to 6:00 p.m. on Sunday, February 3, 2002. This is the first special event license requested by this applicant this year. 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 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. 8. SPECIAL EVENT LIQUOR LICENSE FOR THE KNIGHTS OF COLUMBUS — FEBRUARY 23 2002 This was a request for a special event liquor license for the Knights of Columbus. The event is to honor police officers and firefighters from the City of Glendale and Luke Airforce Base. The event will be held at St. Helen's Church, which is located at 5510 West Cholla Street. The event will be held from 5:00 p.m. to 11:00 p.m. on Saturday, February 23, 2002. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor License only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 7 9. SPECIAL EVENT LIQUOR LICENSE FOR THE GLENDALE CIVIC PRIDE AMBASSADORS — MARCH 23 — MARCH 24, 2002 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. The event is World Port, which is 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 10:00 a.m. to 6:00 p.m. on Saturday, March 23, 2002 and from 10:00 a.m. to 6:00 p.m. on Sunday, March 24, 2002. This is the second special event license requested by this applicant this year. 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. 10. SPECIAL EVENT LIQUOR LICENSE FOR THE GLENDALE CIVIC PRIDE AMBASSADORS —APRIL 19 —APRIL 21, 2002 This was a request for a special event liquor license for the Glendale Civic Pride Ambassadors. The event is the Jazz Festival, which will be located in downtown Glendale between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive. This event s sponsored by the City of Glendale. No liquor will be sold in Murphy Park. The event will be held from 5:00 p.m. to 11:00 p.m. on Friday, March 19, 2002; from 10:00 a.m. to 11:00 p.m. on Saturday, March 20, 200; and from 10:00 a.m. to 6:00 p.m. on Sunday, March 21, 2002. This is the third special event license requested by this applicant this year. 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. 7, 8, 9, and 10. As there were no comments, Mayor Scruggs closed the public hearing. 8 It was moved by Lieberman, and seconded by Martinez, to forward the Special Event Liquor License Application for (1) the Glendale Civic Pride Ambassadors for an event called the Chocolate Allaire, to be held in downtown Glendale, between 58th and 59th Avenues, and between Glendale Avenue and Glenn Drive, on February 1, 2 and 3, 2002; (2) the Knights of Columbus for an event to honor police officers and firefighters from the City of Glendale and Luke Air Force Base, to be held at St. Helen's Church, 5510 West Cholla Street, on February 23, 2002; (3) the Glendale Civic Pride Ambassadors, for an event called World Port, to be held at the American Graduate School of International Management, 15249 North 59th Avenue, on March 23 and 24, 2002; and (4) the Glendale Civic Pride Ambassadors for an event called the Jazz Festival, to be held in downtown Glendale, between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive, on April 19, 20, and 21, 2002, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 11 . LICENSE NO. 3-800 — FOOD CITY NO. 142 This was a request for a person transfer of a series 9 (off-sale retail, all liquor) license for Food City No. 142, which is located at 6020 North 59th Avenue. The previous owner operated this business as Southwest Supermarket and held a series 9 (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 No. 11. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Lieberman, to forward Liquor License Application No. 3-800 for Food City No. 142 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 9 12. LIQUOR LICENSE NO. 3-801 BIG D'S — SPORTS GRILL This was a request for a person transfer and location transfer of a series 6 (on- & off-sale retail, all liquor) license for Big D's Sports Grill, which is located at 4494 West Peoria Avenue. The owner currently operates this business pursuant to a series 12 (restaurant) license at this location. The State of Arizona Department of Liquor Licenses and Control determined that the series 12 requirement regarding annual gross revenue from food sales was not met and, therefore, the applicant is required to apply for a different liquor license series with on-sale privileges. The approval of this license will not increase the total number of liquor licenses in this area. If the series 6 license is approved, the series 12 license will be canceled. The current licensee of the series 6 license is Rhody's Bar & Grill located in Peoria, Arizona. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department and the County Health Department have reviewed the application and determined that it meets all technical requirements. Staff recorr mended disapproval of this application because the addition of this series 6 license at this location does not meet the public convenience and necessity of the community. The Police Department recommended disapproval of this application due to the number of service calls involving excessive violence during the past year. 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 disapproval. Mr. David Dobrotka, Police Chief, reviewed the police call history of the establishment's liquor license. He noted that there are six other Series 6 licenses within one mile of that location. Councilmember Goulet asked how far below the 40% required food sales the establishment was and for what period of time were sales calculated. Mr. Art Lynch, Finance Director, suggested that Councilmember Goulet direct his question to the applicant. He explained that, typically, a random audit is done periodically by the State of Arizona Department of Liquor Licenses and Control. Vice Mayor Eggleston asked if an establishment is given a grace period to obtain a different license f it is determined that food sales are not adequate. Mr. Lynch stated that he did not know. 10 Councilmember Martinez asked if the establishment could continue operating as a restaurant under a Series 6 license. Mr. Lynch explained that the applicant would not have a proportionate share of food-to-liquor sales requirement. He said that, and the applicant's ability to sell liquor off-premises and to sell all types of liquor, are the main differences between the two licenses. Mr. Dobrotka said the number of calls to the location were not of concern; however, the nature and character of the calls were. He described several instances of fights and assaults, including two incidents where shots were fired and one which involved a knife. He noted that all of the incidents occurred at or near closing time. He pointed out the fact that the level of violence had increased throughout the year and he expressed concern about approving a license that would allow for a more intense use. Councilmernber Martinez asked if the City could do something to help the applicant with the number of fights that occur. Mr. Dobrotka said a variety of resources are available, such as community action teams, Sector Lieutenants, and so forth. He noted that the applicant asked if there was anything he could do to allay his concerns. He said he told the applicant, while certain things could be done to improve the situation, they would not change his current recommendation. Councilmember Martinez asked Mr. Dobrotka if he had seen other instances when the City has worked with an establishment with similar problems. Mr. Dobrotka said the City has worked with a number of businesses to help them resolve issues. Councilmernber Frate recounted a police ride-along he went on one night, wherein they stopped by the establishment. He stated that he was shocked by the number of cars in the parking lot and he expressed his opinion that the establishment had too many patrons. He agreed that there could be problems if the Series 6 license was approved . He said, for this reason, he could not support the request. Mayor Scruggs asked Mr. Dobrotka if he was aware of the applicant's diligent efforts to form a relationship with the Police Department as mentioned in the documents provided by the applicant. Mr. Dobrotka said he was not aware of any relationship between the applicant and any of the Police Department's staff. He said the relationships mentioned by the applicant are the result of the frequent calls to the establishment. Mayor Scruggs asked if the State of Arizona Department of Liquor Licenses and Control issues citations for acts of violence and, if so, how does it do so. Mr. Dobrotka stated that he was not sure how the State of Arizona Department of Liquor Licenses and Control would obtain information about violent incidents, other than being contacted by the Police Department. Mayor Scruggs asked if the Police Department's position is that the Series 6 license would increase the number and/or intensity of the violent incidents. Mr. Dobrotka explained that he was concerned because most of the incidents have occurred in the parking lot and permitting off-sales could exacerbate the problem. 11 Vice Mayor Eggleston asked if 112 calls for service over the past year was considered excessive. Mr. Dobrotka pointed out the fact that the establishment is located in a strip mall and 72 of the calls went to other suites. He said only 40 calls could be attributed to the subject location. Councilmernber Martinez asked Mr. Lynch if the applicant was given a period of time to correct the situation if food sales were inadequate. Mr. Lynch explained that, once the State of Arizona Department of Liquor Licenses and Control is made aware that an establishment's food sales are inadequate and it renders its decision that its Series 12 license is no longer valid, the establishment is not permitted to continue operating under the Series 12 license. Councilmernber Lieberman noted that a Series 6 license would not prohibit the applicant from serving food. Mr. Lynch agreed. Councilmember Lieberman asked if the applicant could ask for a review of the license if their food sales increased. Mr. Lynch said an applicant would not have to ask for a review, regardless of their food sales, if granted a Series 6 license. Mr. Dobrotka clarified terminology used in the police reports. Mayor Scruggs asked why the City Prosecutor had declined to issue charges on a number of the incidents. Mr. Flaaen explained that an offense would be reviewed by either the City Attorney or County Prosecutor's Office. He said, while there might be probable cause, they have to meet a much higher standard in criminal court to prove that an offense has been committed. Mr. Dave Arana, the applicant, said the Police Department's recommendation to deny the request was based on three major incidents - two involving gun shots and one involving a knife. He explained that the September incident involving a gun shot did not involve one of their customers. He noted that his security personnel reported the person's license plate to the Police Department, resulting in their quick apprehension. He said the second incident involving a gun shot was similar. He noted that his security personnel apprehended the person and held him until the police arrived. He stated the fact that security personnel sweep the parking lot and everyone is out of the parking lot within 15 minutes of the establishment closing. He noted that the establishment had more than 100,000 patrons last year, stressing the fact that the three who caused problems were apprehended and turned over to the police by their security force. He said he was shocked by the Police Department's recommendation. He stated that their security personnel know the police officers patrolling the area by name and he has received positive feedback from the officers about the quality of his security force. He said he had offered to hire an off-duty police officer to patrol the parking lot. He stressed the fact that the establishment has never received a citation from the State of Arizona Department of Liquor Licenses and Control for acts of violence or selling to minors. He attributed that record to the training their staff receives. He noted that everyone is checked for ID's and weapons. He listed a number of community organizations they support and sports teams they sponsor. He emphasized his willingness to work with the Police Department to maintain a safe, 12 secure environment. He stated that he had no intention of closing down the restaurant or selling off-premises. Councilmernber Frate asked Mr. Arana why their food sales were low. Mr. Arana listed the restaurants that were located in the building prior to his taking over. He stated that they had scared everyone off because, with the exception of one restaurant, the food was not good. He said his establishment's food is very good, but it is difficult to regain the public's trust. Councilmernber Goulet asked Mr. Arana if he is present at closing times. Mr. Arana stated that he is. Councilmember Goulet asked Mr. Arana why he did not do something early in the year to curtail the number of assaults. Mr. Arana explained that his security force uses mace and pepper spray to avoid physical altercations; however, their use of those sprays has been listed as an assault. He stated that they had made policy changes in the past and continue to do so to adjust to current situations. He stressed the fact that his bouncers apprehend, control, and hold a person until they either leave or are arrested, depending on the situation. Councilmember Goulet asked if they had looked at how they serve patrons towards the end of operating hours to see if it somehow contributes to the number of assaults. Mr. Arana stated hat they stop selling alcohol 15 minutes earlier than any other bar and start getting people out of the establishment at 1 :00 a.m. rather than 1:20 a.m., as required by law. Vice Mayor Eggleston asked Mr. Arana how the Liquor Board determined that they were not selling enough food. Mr. Arana stated that he thought one of their competitors had submitted a complaint to the Liquor Board. He said he was initially given six months to find a Series 6 license; however, at that time, he did not have adequate funding. He stated that he was then given another three month extension, but was unable to find a Series 6 license. He said he then found Rhody's Bar & Grill's Series 6 license, bought it, and applied to the City for approval. Councilmember Goulet asked if the State of Arizona Department of Liquor Licenses and Control could have come out due to allegations of violence. Mr. Arana said the Liquor Board representatives indicated that they were there to audit food sales. Mayor Scruggs asked Mr. Arana, if he was just now buying the establishment, if he would characterize it as needing a Series 6 versus a Series 12 license. Mr. Arana stated he would characterize it as needing a Series 6 license. Mayor Scruggs remarked on the difference between the applicant and the police versions of the situation. She questioned why there was no indication of the disposition with regard to the three major incidents listed. Mr. Dobrotka explained that the disposition is whether the Prosecutor pursues the charge and not the arrest. Mayor Scruggs opened the public hearing on Agenda Item No. 12. 13 Mrs Leonard Clark, a resident of the City of Glendale Barrel District, expressed his opinion that the Council should table the item to allow for further information and discussion. Mr. Bill Jacka, a business owner in, and a resident of, the City of Glendale, agreed with Mr. Clark that additional discussions should take place. He stated that he patronizes the establishment and feels it is safe. Mr. John Baker, a resident of the City of Phoenix, stated that he has taken his wife, children, and grandchildren to the establishment. He acknowledged Big D's support of organizations within the community. Mr. Michael Cantrall, a resident of the City of Peoria and Events Director for the Vietnam Veterans, stated that his organization has held several events at Big D's and he feels it is a secure environment. Ms. Stephanie Kuammie, a business owner in the City of Glendale, identified herself as the owner of The CAD Store which is located next door to the subject establishment. She characterized Big D's as being a good neighbor. She noted that she had used their catering services for events at her store. She stated that her store closes at 6:00 p.m. Mr. John Marksburv, a resident of the City of Peoria, stated that he is a vendor to Big D's. He said he believed Mr. Arana to be an honest person. Mr. Timothy Edsom, a resident of the City of Glendale, stated that Big D's respects its patrons. He said he takes his wife and family there and feels it is safe. Ms. Deborah Snider, a resident of the qtyof Glendale, stated that Big D's serves good food at low prices. Mr. Doug Ross a resident of the Cit of Phoenix and Trish Arana's (the applicant) father, stated that the applicants have worked hard to make their business successful. Mr. Adam Martini, a resident of the City of Avondale, identified himself as a close friend of Dave and Trish Arana. He said he has worked part-time on Big D's security staff and he believed it to be a safe environment. Ms. Khristiie Lines, a resident of the City of Scottsdale, noted that she commutes from Scottsdale to Big D's once or twice a week. She said Big D's offers a variety of entertainment and excellent food. Ms. Rebecca Balar, a resident of the City of Phoenix said she has always found the establishment to be clean. She stated that the security people make her feel safe and treat her with respect. She said she was present during the December 14 incident involving gun fire and she believed the security measures inside the establishment kept the person from bringing the gun inside. Mr. Greg Shields, a resident of the City of Phoenix, stated that the establishment has improved since Mr. Arana took it over. He said the bartenders cut people off from drinking, when necessary. Mr. Michael Arana, a resident of the City of Phoenix and the applicant's son, stated that he works at Big D's while going to school. He said it is a safe environment and it is the family's source of income. Mr. Rick Wasylink, a resident of the City of Phoenix, stated that he had never seen an incident at that location. He said Big D's has great food, pool tournaments, and great people. Mr. Ron Jones, a resident of the City of Phoenix, stated that he drives to Big D's from Ahwatukee once a week to play in pool tournaments. He said he feels safe in the establishment and he likes the food. Mr. Dennis Newton, a resident of the City of Glendale, stated that he has been working in law enforcement for 30 years. He said security personnel should not be chastised for calling the police when an incident occurs. He stated that he also takes his family there. Mr. Larry Gates, a resident of the City of Glendale, submitted a public hearing speaker's card in support of the request; however, he chose not to address the Council. Mr. George Brake, a resident of the City of Goodyear and Head of Security for Big D's, stated that the establishment is safe. He noted that all security personnel take the required classes. Ms. Sharon Marksbury, a resident of the Cid of Peoria, submitted a public hearing speaker's card in support of the request; however, when called to speak by Mayor Scruggs, she chose not to address the Council. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Lieberman, to forward Liquor License Application No. 3-801 for Big D's Sports Grill to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Councilmember Goulet expressed his appreciation to those people who took the time to come to the meeting and express their opinions. He acknowledged the fact that, since there has been an increase in violence, the Council needs to consider the establishment's impact on the community when it is closed, as well as open. He 15 pointed out that they had not heard from a lot of people in the community. He said he could not support approval of the application. Councilmernber Martinez stated that he felt better after having heard the applicant and the applicant's patrons speak. He noted that no one spoke against the license application. Councilmernber Lieberman said he generally would not go against Mr. Dobrotka's recommendation; however, after listening to the establishment's patrons, he would support the request. He thanked everyone for their comments. Vice Mayor Eggleston said it was obvious that the Arana's are honest, hardworking people. He pointed out that the City does not grant the license, but rather makes a recommendation to approve or disapprove. He noted that he had received telephone calls from citizens who were not present at tonight's meeting, opposing the license. He said he could not support such an intense use in that part of Glendale. Mr. Flaaenconfirmed for Councilmember Frate that the applicant's offer to sign a document restricting off-premises liquor sales would not be binding if the Council approved the Series 6 License. He also clarified that the Series 6 license could not be transferred to another person if Mr. Arana chose to leave the business. He said such transfer would have to be approved by the state of Arizona Department of Liquor Licenses and Control. Councilmember Martinez said the memorandum they had received stated that no protests had been listed. He pointed out that the people who registered complaints with Vice Mayor Eggleston did not appear to address the Council. Mayor Scruggs said there was too much inconsistency. She stated that, although she was uncomfortable going against the recommendation of the Police Department, the comments made by patrons of the establishment do not support the concerns that dangerous incidents frequently occur. She said it appears that the applicant is working as hard as he can to operate a safe establishment. She said she was concerned about the use being too intense for the shopping center. She suggested that the applicant work with neighbors and the Police Department to resolve any issues they might have. Upon a call for the question, the motion failed by a vote of 3-to-3, with Lieberman, Scruggs and Martinez voting "aye", and Frate, Goulet and Eggleston voting "nay". Mr. Flaaen explained that the application would be forwarded to the State of Arizona Department of Liquor Licenses and Control, with no recommendation, indicating there was a 3-to-3 tie vote. 16 ORDINANCES 13. AIR EVAC SERVICES, INC. LEASE AGREEMENT Mr. Mark Ripley, Airport Manager, presented this item. Air Evac Services, Inc. requested to continue leasing Suite 107, in the Terminal Building at the Glendale Municipal Airport, along with one helipad space located south of the Airport Terminal Building. Air Evac has been a tenant in the Terminal Building at the Glendale Airport for the last five years. The annual rent for the office lease, less tax, will be $6,640.20 for the first year and the annual rent for the helipad space, less tax, will be $600 per year. There will be a Consumer Price Index (CPI) adjustment at the end of each year of the lease on the office space. There will be four one-year options to renew its lease after the first year, with written notice to the Airport Manager within ninety days prior to the expiration of the original term of lease. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the leasing of office space at the Glendale Municipal Airport to Air Evac Services, Inc. Ordinance No. 2238 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 MAYOR AND/OR CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH AIR EVAC SERVICES, INC. FOR OFFICE AND HELICOPTER SPACE AT THE GLENDALE AIRPORT TERMINAL BUILDING. It was moved by Eggleston, and seconded by Martinez, to approve Ordinance No. 2238 New Series. Motion carried on a roll call vote, with the following members voting "aye": Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 14. AUTHORIZATION OF FOUR NEW POSITIONS TO ENABLE IMPLEMENTATION OF THE TRANSPORTATION PROGRAM Mr. Jim Book, Transportation Director, presented this item. On December 11, 2001, the City Council met in a Workshop session to discuss implementing the Transportation Program approved by voters on November 6, 2001. As part of the election process, commitments were made to the citizens of Glendale to deliver expanded transit and community programs in one year and to complete street and bicycle projects in five years. At the Workshop, the Council supported early actions to implement the program. Staff requested Council authorization of four new positions to ensure that the transportation program is implemented and completed in a timely manner. These positions will be fully funded by revenues from the new half-cent transportation sales tax. The four new positions requested are as follows: 17 Senior Civii Engineer — Proposition 402 made a commitment to the voters to complete over 50 new road and bicycle projects in the first five years. Additional in-house staffing is needed to ensure that these projects are completed in a timely and cost effective manner, and in accordance with all City of Glendale design and construction requirements. A new Senior Civil Engineer position, reporting to the City Engineer, was recommended to manage engineering contracts and review plans to help ensure that sales tax funded capital projects are completed on time and within budget. Intelligent Transportation System Manager — Proposition 402 made a commitment to the voters to build and operate an Intelligent Transportation System (ITS) that will reduce congestion and be more responsive to traffic demands. Several grants have been received and design is now underway to complete the first phase of the ITS. An ITS Manager is needed to ensure that an effective and efficient system is constructed to meet City needs. This position will manage the design, construction, and maintenance of the Glendale ITS, and will oversee its operation. Further, this position will be responsible for the construction, maintenance, and integrity of the City's backbone fiber optic communications system. In addition to Traffic Engineering, this system is used by the Information Systems, Police, Fire, Library, and Utilities Departments. Transportation Coordinator — Proposition 402 made a commitment to the voters to secure 32% of the funds for this program from state, regional and federal funding sources. Securing this level of funding will require working closely and extensively with state, federal and regional agencies to ensure that Glendale's transportation needs are reflected in the transportation plans, programs and priorities of these agencies. A new Transportation Coordinator is needed to secure and help manage these matching funds. This position will also work closely with the City's Grants Coordinator and provide staff support for the new Citizens Transportation Oversight Commission. Bicycle Coordinator — Proposition 402 made a commitment to voters that ongoing bicycle programs would be substantially expanded. Restoring the Bicycle Coordinator position was recommended to take a leadership role in enhancing the bicycle and pedestrian programs of Proposition 402. Duties will include staffing the Glendale Citizens Bicycle Advisory Committee, maintaining the bicycle map and plans, securing funds for bicycle projects, representing the City in regional and state bicycle activities, coordinating community events such as the annual Go Glendale Family Bike Ride, participating in school safety programs, and monitoring and addressing maintenance needs of bicycle facilities. Further, this position will assist in the Department's traffic education efforts, and will work for the Traffic Educator. The Transportation Election Package programmed funds for these positions. On January 8, 2.002, the City Council took action to transfer $1.1 million in appropriations from Contingency to a new Transportation Program fund in order to expedite the implementation of the program starting in Fiscal Year 2001 — 2002. 18 At the January 8, 2002 City Council Meeting, the Council supported the expenditure of $385,000 of the funds to expedite transit service, community programs, and preliminary engineering. The proposed four new positions could result in the additional expenditure of $100,000 in Fiscal Year 2001 — 2002. Full implementation of the new transportation program will be addressed as part of the Fiscal Year 2002 — 2003 budget process. Any uncommitted sales tax revenues in Fiscal Year 2001 — 2002 will be carried forward to Fiscal Year 2002 — 2003. The recommendation was to waive reading beyond the title and adopt an ordinance to authorize four new full-time positions to be funded with new sales tax funds to ensure that the transportation program is implemented and completed in a timely manner. Ordinance No. 2239 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, INCREASING THE AUTHORIZED STRENGTH OF THE GLENDALE TRANSPORTATION DEPARTMENT BY THREE (3) FULL-TIME POSITIONS AND THE GLENDALE ENGINEERING DEPARTMENT BY ONE (1) FULL-TIME POSITION TO ENABLE IMPLEMENTATION OF THE TRANSPORTATION PROGRAM. Councilmember Lieberman stated that he is generally against hiring more people because he has seen the number of City employees increase greatly over the past ten years. He pointed out, however, that the four positions would be funded through the 1/2 cent sales tax and, therefore, he would probably support staff's recommendation. Vice Mayor Eggleston expressed his opinion that it is necessary to bring engineers on to improve the City's infrastructure. He noted that the City has fewer staff members per capita than anywhere else in the Valley. Councilmember Martinez stated that he supported the recommendation because the 1/2 sales tax will generate more work than the current staff can handle. Councilmember Goulet stated that the City has grown tremendously over the past ten years and City staff is quite lean compared with other cities. Councilmember Lieberman stated that the 1/2 cent sales tax monies will be put into a separate fund and be used for transportation purposes only. He agreed, however, that additional staff will be necessary to achieve the improvements promised on the ballot. Mayor Scruggs opened the public hearing on this item. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that Glendale is one of the most efficiently run cities in the state and country. He said the additional staff will help implement the transportation package more efficiently. 19 Mayor Scruggs closed the public hearing. It was moved by Martinez and seconded by Frate, to approve Ordinance No. 2239 New Series. Motion carried on a roll call vote, with the following members voting "aye": Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. MOTION TO EXCUSE COUNCILMEMBER CLARK It was moved by Eggleston, and seconded by Martinez, to excuse Councilmember Clark from today's Council Meeting. The motion carried unanimously. 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 29, 2002, in Room B-3 of the City Council Chambers, to be followed by an executive session pursuant to ARS 38- 431.03; and to hold a City Council Workshop at 2:30 p.m. on Tuesday, February 5, 2002, in Room B-3 of the City Council Chambers, to be followed by an executive session pursuant to ARS 38-431.03. The motion carried unanimously. CITIZEN COMMENTS No comments were made. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet reported that the demolition of Manistee Mall was progressing ahead of schedule. Councilmember Lieberman noted that the Chocolate Affaire will be held on February 1, 2 and 3 in downtown Glendale, and the Antique Tractor Show will be held at Sahuaro Ranch Park on February 8 and 9, 2002. Councilmember Martinez said residents living near 77th Avenue and Utopia Road will be happy to see the sidewalk which the Council approved at tonight's meeting. Councilmember Frate thanked the Glendale Fire Department volunteers for inviting him to participate in the West Valley Children's Crisis Center barn raising. He congratulated the Vineyard's Christian Fellowship Church on their new building and thanked them for inviting him to the dedication. Mayor Scruggs noted that the first City Safe Open House was scheduled for Saturday, January 26th at 8:00 a.m. at Fire Station 57. 20 ADJOURNMENT There being no further business, the meeting was adjourned at 10:15 p.m. /At,/ Pa — - •Iiveira - City Clerk 21