HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/10/2009 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, MARCH 10, 2009, AT 7:00 P.M.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor
Manuel D. Martinez and the following Councilmembers present: Joyce V. Clark, Steven
E. Frate, David M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman.
Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City
Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the three resolutions and three
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 FEBRUARY 24, 2009 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the reading of
the minutes of the February 10, 2009 Regular City Council meeting, as each member of
the Council had been provided copies in advance, and approve them as written. The
motion carried unanimously.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 6 and Ms.
Pamela Hanna, City Clerk, read consent agenda resolution item numbers 7 through 9
by number and title.
Lieberman requested that item number 9 be heard separately.
1. LIQUOR LICENSE NO. 3-1222, LA CABANA
This is a request for City Council to approve a person-to-person, location-to-location
transfer Series 6 (Bar - All Liquor) license. La Cabana is located at 5130 North 43rd
Avenue. The Arizona Department of Liquor Licenses and Control application (No.
06070062) was submitted by Erario T. Pineda.
The location of the establishment is 5130 North 43rd Avenue and is located within the
Cactus District. The property is zoned C-3 (Heavy Commercial). The population
density within a one-mile radius is 19,260. The establishment is over 300 feet from any
church or school. This Series 6 is a person-to-person, location-to-location transfer
license not operating with an interim permit, therefore, the approval of this license will
increase the number of liquor licenses in the area by one. The number of liquor
licenses within a one-mile radius is as listed below.
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Series Type Quantity
04 Wholesaler 2
06 Bar—All Liquor 2
09 Liquor Store—All Liquor 3
10 Liquor Store— Beer and Wine 8
12 Restaurant 6
Total 21
The City of Glendale Planning, Fire, and Police Departments, as well as Maricopa
County Health Department have reviewed the application and determined that it meets
all technical requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to
forward this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
2. LIQUOR LICENSE NO. 3-1225, BICE BISTRO
This is a request for City Council to approve a new non-transferable Series 12
(Restaurant) license. Bice Bistro is located at 6751 North Sunset Boulevard, Building E,
Suite 110. The Arizona Department of Liquor Licenses and Control application (No.
12077877) was submitted by Clare Hollie Abel.
The location of the establishment is 6751 North Sunset Boulevard, Building E, Suite
110, and is located within the Yucca District. The property is zoned PAD (Planned Area
Development). The population density within a one-mile radius is 5,765. This Series 12
is a new license, therefore, the approval of this license will increase the number of liquor
licenses in the area by one. The number of liquor licenses within a one-mile radius is as
listed below.
Series Type Quantity
03 Domestic Micro Brewery 1
06 Bar—All Liquor 5
07 Bar— Beer and Wine 5
10 Liquor Store — Beer and Wine 2
11 Hotel/Motel License —All Liquor 1
12 Restaurant 14
Total 28
The City of Glendale Planning, Fire, and Police Departments, as well as Maricopa
County Health Department have reviewed the application and determined that it meets
all technical requirements.
No public protests were received during the 20-day posting period.
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Based on information provided under the background, it is staff's recommendation to
forward this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
3. SPECIAL EVENT LIQUOR LICENSE, MOUNTAIN LIONS BASEBALL
BOOSTERS, INC., ST. PATRICK'S DAY CELEBRATION, MARCH 17, 2009
This is a request for City Council to approve a special event liquor license for Mountain
Lions Baseball Boosters, Inc. The event will be held at Westgate City Center located at
6770 North Sunrise Boulevard on Tuesday, March 17, 2009, from 3:00 p.m. to 2:00 a.m.
The purpose of this special event liquor license is for a St. Patrick's Day Celebration.
If this application is approved, the total number of days expended by this applicant will
be two of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-
203.02, the Arizona Department of Liquor Licenses and Control may issue a special
event liquor license only if the Council recommends approval of such license.
Based on the information provided under the background, it is staff's recommendation
to forward this application to the Arizona Department of Liquor Licenses and Control
with a recommendation of approval.
4. SPECIAL EVENT LIQUOR LICENSE, CITY OF GLENDALE JAZZ AND BLUES
FESTIVAL,APRIL 4-5, 2009
This is a request for City Council to approve a special event liquor license for the City of
Glendale. The event will be held in downtown Glendale at 58th Avenue and Glenn Drive
on Saturday, April 4, from noon to 10:00 p.m. and Sunday, April 5, from noon to 6:00
p.m. The purpose of this special event liquor license is for the City of Glendale's 26th
Annual Gibson Jazz & Blues Festival.
If this application is approved, the total number of days expended by this applicant will
be seven of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-
203.02, the Arizona Department of Liquor Licenses and Control may issue a special
event liquor license only if the Council recommends approval of such license.
Based on the information provided under the background, it is staff's recommendation
to forward this application to the Arizona Department of Liquor Licenses and Control
with a recommendation of approval.
5. PURCHASE AND UPGRADES OF AIR PACKS FOR THE FIRE DEPARTMENT
This is a request for City Council to approve the purchase of self contained breathing
apparatus (SCBA) air packs and the upgrading of existing units from United Fire
Equipment.
This request supports the Council priority of one community focused on public safety for
citizens and visitors by providing firefighters the necessary equipment to respond
efficiently to the community.
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Air packs are used to protect the health and safety of firefighters by providing oxygen
during fire and fire-related hazards when poor air conditions exist.
Eighteen new Mine Safety Appliance (MSA) air packs will be used on the three new
apparatus purchased with CIP funds. This includes a hazmat truck, ladder truck and
ladder tender truck. Each truck carries five air packs with an extra one for maintenance
rotation. The 123 MSA units currently in use by the Fire department will be upgraded to
the new National Fire Protection Agency Standards.
United Fire Equipment is a sole source provider for MSA Self Contained Breathing
Apparatus, being the only distributor in Arizona authorized to sell MSA brand SCBA
equipment to fire departments.
Annually additional air packs are needed to replace damaged units and meet expanded
need. Also existing units require ongoing repair, maintenance and upgrade service. To
meet this equipment need, purchases with United Fire will be for a five year period.
Annual expenditures for the replacements are estimated to be $60,000.
On February 13, 2001, council awarded the contract for SCBA's to United Fire
Equipment.
The Fire Department provides emergency services to the community. It is critical that
each emergency response vehicles is equipped with breathing apparatus that meets
national standards to ensure the safety of our firefighters and the continued safety and
services to our community.
Funds are available in FY 2008-09 capital improvement program. The ongoing cost for
parts is available in the Fire Department's existing operating budget.
Grants Capital One-Time Budgeted Unbudgeted Total
Expense Cost
X $140,987.39
Account Name, Fund, Account and Line Item Number:
Fire Ladder Truck & Tender, 2040-75035-551400 ($112,570.65)
FD-Emergency Rescue Vehicles, 1000-81030-521000 ($28,416.74)
It is staff's recommendation to approve the purchase of self contained breathing
apparatus air packs and the upgrading of existing units from United Fire Equipment in
the amount of$140,987.39.
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6. CONSTRUCTION CONTRACT FOR IMPROVEMENTS TO THE 67TH AVENUE
AND BEARDSLEY ROAD SEWER LIFT STATION
This is a request for City Council to approve the Construction Manager at Risk contract
with Felix Construction to provide rehabilitation services for the 67th Avenue and
Beardsley Road Sewer Lift Station Improvements project. The project is required to
rehabilitate and replace aging equipment.
One of Council's strategic goals is high quality service for citizens. This project will
improve the operation and reliability of the lift station.
The 67th Avenue and Beardsley Road sewer lift station is more than 20 years old and
needs to be rehabilitated. The proposed improvements include replacing the
original pumps with new replacement pumps, ventilation and lighting, replacement of
chemical tanks, replacement of existing valves and installing an additional pump.
The improvements to the sewer lift station will improve its reliability and enhance the
operation, which will ensure compliance with existing Federal and State regulations.
This project is in the Capital Improvement Plan.
On September 29, 2008, Council authorized a Construction Manager at Risk Design
Phase Services contract with Felix Construction.
On March 27, 2007, Council authorized the City Manager to enter into a Professional
Services Agreement with Entellus to provide construction administration services in
connection with the 67th Avenue/Beardsley Sewer Lift Station Improvements project.
Funds are available in the FY2008-09 capital improvement plan. The operating costs
associated with this contract are minimal and will be absorbed by the Utilities
Department operating budget.
Grants Capital One-Time Budgete Unbudgete Total
Expense Cost d d
X X $1,254,606
Account Name, Fund, Account and Line Item Number:
67th & 83rd Ave SLS Mode, Account No.2420-63014-550800, $1,254,606
It is staff's recommendation to award a Construction Manager at Risk contract with Felix
Construction to provide construction services for the rehabilitation of the 67th
Avenue/Beardsley Sewer Lift Station Improvements project.
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CONSENT RESOLUTIONS
7. INTERGOVERNMENTAL AGREEMENTS WITH VALLEY LAW
ENFORCEMENT AGENCIES
This is a request for City Council to adopt a resolution authorizing the City Manager to
enter into intergovernmental agreements (IGAs) with thirteen law enforcement
agencies. The IGAs allow the agencies to join the valley-wide coalition, which assists
the Glendale Police Department with public safety services and security for events at
the University of Phoenix Stadium (Stadium.)
The agencies participating are: Avondale, El Mirage, Goodyear, Peoria, Phoenix,
Scottsdale, Surprise, Tempe, Tolleson, Wickenburg, Youngtown, Arizona Department of
Public Safety and Maricopa County Sheriff's Office.
Entering into these IGAs creates positive partnerships with other law enforcement
agencies and provides cooperation for services needed at Stadium events. It
addresses the Council goal of one community focused on public safety for citizens and
visitors by ensuring a high level of public safety coverage at large events in the
Stadium.
In May of 2006 the City Manager entered into a contract with Global Spectrum, the
managing agency for the University of Phoenix Stadium for public safety services. The
Glendale Police Department approached numerous valley and state law enforcement
agencies who agreed to assist with public safety services at the University of Phoenix
Stadium. Those IGAs were brought before Council during subsequent meetings and are
now due for renewal.
On the September 25, 2007 meeting, Council authorized the city manager to approve
an IGA with city of Tempe to provide public safety and security services at the
University of Phoenix Stadium.
On the April 10, 2007 meeting, Council authorized the city manager to approve IGAs
with both Chandler and Scottsdale agencies to join the West Valley Coalition.
On the June 13, 2006 meeting, Council authorized the city manager to approve IGAs
with several West Valley agencies to join the West Valley Coalition. The participating
law enforcement agencies are the police departments from: Avondale, Buckeye, El
Mirage, Goodyear, Peoria, Phoenix, Surprise, Tolleson, Wickenburg, and Youngtown;
as well as the Maricopa County Sheriff's Office and the Arizona Department of Public
Safety.
Through these partnerships, the Glendale Police Department and all participating law
enforcement agencies will be working together to ensure that citizens and visitors to
Glendale experience a safe environment while attending stadium events.
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It is staff's recommendation to waive reading beyond the title and adopt a resolution
authorizing the City Manager to enter into the intergovernmental agreements with the
thirteen law enforcement agencies to provide public safety and security services at the
University of Phoenix Stadium.
8. FEDERAL AVIATION ADMINISTRATION GRANT
This is a request for City Council to adopt a resolution authorizing and ratifying the
entering into of a grant agreement with the Federal Aviation Administration (FAA), in the
amount of $123,693. This grant will help fund runway and taxiway shoulder safety
improvements and had an acceptance due date of February 24, 2009.
Improving airport safety areas addresses the Council goals of creating a city with high
quality service for citizens and public safety.
This improvement grant will provide funding for stabilization of the runway and taxiway
shoulders through erosion, dust and weed control measures in the runway and taxiway
safety areas. The product to be used for dust and weed control is environmentally safe
and a recognized product used by other airports.
Stabilizing the runway and taxiway shoulders improves the safety of aircraft landing,
taking-off, and taxiing within the airside movement area of the airport.
There will be a $6,510 financial match required for this funding, half of which may come
from a state grant contingent on the City accepting the FAA grant. The ongoing
operating costs associated with the implementation of this grant are minimal and will be
absorbed by the Airport Operating budget. Funds for the financial match are available
in the current GO Transportation capital plan for FY 2009-10. If the state grant is not
awarded the balance of the match ($3,255) will come from the GO capital plan.
Grants Capital One-Time Budgete Unbudgete Total
Expense Cost d d
$123,693 X $6,510 X $130,203
Account Name, Fund, Account and Line item Number:
A specific project account will be established in Fund 2120, the Airport Capital Projects
Fund, once the grant agreements are formally executed, $123,693
State grant contingent upon acceptance of FAA grant, $3,255
Airport-Runway-Taxiway-Asph, 2210-65077-550800, $3,255
It is staff's recommendation to waive reading beyond the title and adopt a resolution
authorizing and ratifying the entering into of a grant agreement in the amount of
$123,693 from the Federal Aviation Administration.
It was moved by Frate and seconded by Knaack, to approve the recommended
actions on Consent Agenda Item Nos. 1 through 8, including the approval and
adoption of Resolution No. 4237 New Series and Resolution No. 4238 New Series;
and to forward Liquor License Application No. 3-1222 for La Cabana, and Liquor
License Application No. 3-1225 for Bice Bistro; and Special Event Liquor License
Applications for (1) Mountain Lions Baseball Boosters for a St. Patrick's Day
Celebration to be held Westgate City Center located at 6770 North Sunrise
Boulevard on Tuesday, March 17, 2009, and (2) City of Glendale for the Jazz and
Blues Festival to be held in downtown Glendale at 58th Avenue and Glenn Drive
on April 4th and 5th, 2009, to the State of Arizona Department of Liquor Licenses
and Control, with the recommendation for approval. The motion carried
unanimously.
9. CITY COUNCIL GUIDELINES
Mr. Richard Bowers of Bowers and Associates, presented this item.
At the request of the City Council, the City Council Guidelines are presented for
adoption by resolution.
At the March 3, 2009 City Council Workshop, a document incorporating the
recommended changes from the City Council of January 6, 2009 was presented by
Richard Bowers.
At the January 6, 2009 City Council workshop the City Council was presented with a
draft document by Richard Bowers, merging all prior council guideline documents and
continuing a dialogue on Council Guidelines.
At the September 9, 2008 City Council workshop, pursuant to City Council direction,
Richard Bowers facilitated a dialogue on Council Guidelines.
The recommendation is to waive reading beyond the title and adopt a resolution
adopting the City Council Guidelines.
Councilmember Lieberman commented on the recent recommended Council
Guidelines. He stated he found them quite shallow and only seemed to skim the
surface. He indicated that he believed they did not have any real role definition for
Coucilmembers. He noted he was disappointed that seniority had not been included
anywhere in the document, even though the original set of Council Guidelines specified
seniority. In addition, he believes they needed to go deeper into the roles of Council,
Mayor and the role they themselves present to the public. He added that the role of
seniority should be well stated in the Council Guidelines.
Vice Mayor Martinez remarked that he had also wanted this item be heard separately.
He discussed how one of their goals regarding creating these guidelines was to bring
consistency to the documents. He cited some instances in the document where it was
not being followed. Mr. Bowers explained how the usage of "Coucilmembers" and "The
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City Council" was being used. He indicated that he would happy to adjust any language
the Council finds represents their interests best. Vice Mayor Martinez recommended
the changes be done in an addendum form rather than having it go to another
workshop. He stated that in regards to Councilmember Lieberman's comments, he
believes they had spent a lot of time on the issue of seniority as well as many other
issues of concern. He noted that from those discussions, there had been no support to
include seniority in the Council Guideline's document. He added that it was offensive to
say these Guidelines were shallow after the Council agreed on them in a workshop
setting after much discussion. He remarked that he was at a loss as to why these
comments were being brought forward at the moment, after the Council had supported
the document throughout many discussions.
Councilmember Frate commented on the wording of "The City Council" as a whole to
address the Mayor and Council, as opposed to using "Councilmembers". He noted it
was apparent they needed to make some adjustments.
Mayor Scruggs discussed how the word "Councilmembers" should be used and the
effect it had on the different documents the city uses, specifically in dealing with the
budget. She indicated that in some instances, the word "Councilmembers" should be
separated to "Council member". She stated that this City Council was aware of how the
wording was used; however, it should be modified for future City Councils so the
language is consistent with the document.
Councilmember Lieberman commented on a unique definition used for the Glendale
City Council which had not been discussed, but did exist. He stated he had not seen
that definition anywhere in these Guidelines, and believes there should be a paragraph
adding the definition describing the Council. He noted they were one of very few City
Councils that define the Council, and the power of the city, as being in the City Council,
which included the Mayor and the duly elected Councilmembers.
Councilmember Knaack asked if they would be able to approve the Guidelines if they
were to include a stipulation to reword the language as directed by Council and staff.
Mr. Tindall, City Attorney, stated that the Council could approve the Guidelines with
specific language as to what specifically needed to be done. He discussed the wording
possibly affecting budgeting circumstances. Mayor Scruggs agreed.
Mayor Scruggs commented on Councilmember Lieberman's observation on the City
Council's definition of it being the Mayor and the six Councilmenbers. She explained
the budget process and noted she did not receive the $15,000 a year to spend on
projects as Councilmembers do. In addition, she explained that the Mayor's budget
included every item associated with her office, as opposed to the Councilmember's
individual budgets which were separate and could be used at their discretion. She
noted there was also a separate budget for all administrative cost for all personnel
needed to run their offices. She indicated that the language or wording could be
important when dealing with the budget. Mr. Tindall stated that since the language
could impact budget issues, the language possibly needed to be clarified before this
item can move forward and be adopted.
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Councilmember Clark asked for this item to be tabled with the suggested revisions
modified and re-circulated to Council for an opportunity for further comment. She added
that should those comments generate consensus, it can be brought back to Council.
She remarked that as it stands now, the document was not ready for approval. Mayor
Scruggs stated they would be having individual meetings with each Councilmember to
avoid violating the open meeting law. Mr. Tindall agreed. Mr. Tindal commented that
all information would flow though Mr. Bowers. He noted that Mr. Bowers would then
assemble the information and bring it back to an evening meeting to discuss in open
session.
It was moved by Lieberman and seconded by Clark, to table the Council
Guidelines to an unspecified future meeting. The motion carried unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
10. ANNEXATION AREA NO. 180 (AN-180) (ORDINANCE): 95TH AVENUE RIGHT-
OF-WAY— 9380 WEST GLENDALE AVENUE (PUBLIC HEARING REQUIRED)
Mr. Jon Froke, AICP, Planning Director, presented this item.
This is a request for City Council to conduct a public hearing and adopt an annexation
ordinance for AN-180, which consists of approximately 1.4 acres located along the 95th
Avenue alignment north of Glendale Avenue adjacent to Zanjero.
The proposed annexation is consistent with the Council goal of one community with
quality economic development by assisting in the improvement of access to other major
developments in the city.
This proposed annexation area is a narrow strip, approximately 1,325 feet long with a
width that varies from 40 to 55 feet, and includes an area that will form the west half of
the 95th Avenue right-of-way (ROW). The property is currently used as a farm field
access road. The applicant has proposed that this annexation be used only as
additional ROW for 95th Avenue. The property owner and the city will be partnering to
construct the west half of 95th Avenue, to improve vehicular traffic movements north and
south of Glendale Avenue. Appropriate signatures have been gathered in support of
the annexation. The proposed annexation will ensure that all improvements to 95th
Avenue will be constructed in accordance with Glendale's standards. The roadway will
be dedicated as a public street.
The property is currently zoned RU-43 (Rural Residential) in Maricopa County. Once
annexed, Glendale applies the most compatible zoning to the property. The most
compatible Glendale zoning district is A-1 (Agriculture). As this property will be entirely
used for road ROW, no rezoning request has been filed for this property.
On January 27, 2009, City Council conducted a public hearing on the blank annexation
petition for AN-180 as required by Arizona Revised Statute.
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The proposed annexation will permit the construction of a full width 95th Avenue
according to city development standards. Completion of the project will provide
improved vehicular access to projects north and south of Glendale Avenue in the city's
Sports & Entertainment District.
All property owners within the proposed annexation area have been notified of this
public hearing by first class mail. The proposed annexation area has been posted in
three conspicuous places and was published in The Glendale Star. Postcards were
also sent to fifteen individuals and corporations as notice of this public hearing. No one
spoke at the public hearing on January 27, 2009.
It is staff's recommendation to conduct a public hearing, waive reading beyond the title,
and adopt an ordinance for Annexation Area No. 180 (AN-180).
Mayor Scruggs opened the public hearing on Agenda Item No. 10. As there were
no comments, Mayor Scruggs closed the public hearing.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance No.
2674 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate,
and Scruggs. Members voting "nay": none.
ORDINANCES
11. SHORT-TERM LEASE FOR PROPERTY LOCATED AT 6828 NORTH 58TH
AVENUE
Mr. Art Lynch, Deputy City Manager, presented this item.
This is a request for the City Council to adopt an ordinance ratifying the execution of a
short-term lease with Mr. Sal Griego for city-owned property located at 6828 North 58th
Avenue.
The City Council recently purchased this property in an effort to encourage revitalization
activity and to promote quality economic development in the area. The purchase will
also help create a vibrant City Center and supports the Council's goal of purchasing
buildings and property in the downtown that support the city's revitalization and
business development efforts.
The city-owned property being leased to Mr. Griego is located in downtown Glendale at
6828 North 58th Avenue and is approximately 408 square feet. The city will be honoring
the existing terms established between Mr. Griego and his previous landlord and he will
be required to pay the city $200 a month in rent.
The short-term lease will provide Mr. Griego adequate time to remove his equipment,
supplies and personal property from the site. The short term lease went into effect the
day the city took control of the property, January 23, 2009 and is effective through April
30, 2009.
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The purchase of this property will provide land for future projects and spur economic
development and business activity. The City Council has recently undertaken the
revitalization of the Glendale Avenue Corridor and this property is ideally located to
support the goals and mission of the project and will provide new opportunities for the
area.
It is staff's recommendation to waive reading beyond the title and adopt an ordinance
ratifying the execution of a short-term lease agreement with Mr. Sal Griego for property
located at 6828 North 58th Avenue.
It was moved by Goulet, and seconded by Lieberman, to approve Ordinance No.
2675 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate,
and Scruggs. Members voting "nay": none.
12. AMENDING CITY CODE CHAPTER 13, ARTICLE II, RELATED TO CIVIL CODE
ENFORCEMENT
Mr. Samuel McAllen, Code Compliance Director, presented this item.
This is a request for City Council to amend Glendale City Code Chapter 13, Article II
related to civil code enforcement. Amending the code will bring quicker relief to
neighborhoods impacted by non-compliant properties. The recommended amendment
will also expedite the civil code enforcement process for addressing repeat offenders.
The proposed amendments are consistent with the Council goals of one community with
strong neighborhoods and providing high quality of services to citizens.
The Code Compliance Department is responsible for maintaining safe and healthy
neighborhoods through enforcement of city codes. Last year the department
successfully resolved over 14,300 cases. Most cases are resolved through voluntary
compliance; however in instances of non-compliance court action may be necessary.
In most cases property owners respond to receiving a notice of violation by voluntarily
correcting violations on their property. However there are situations where non-
compliance occurs and Code Compliance Inspectors address the violations by following
the procedures currently in the Glendale City Code. This requires code inspection staff
to verify that a violation exists, issue a notice of violation, and then file a complaint with
the court. The court then issues a summons and mails it to the person listed on the
compliant. This process requires involvement of multiple staff from different
departments to initiate civil court action for non-compliance with the Glendale City Code.
A working group including representatives from City Attorney's Office, City Court, Code
Compliance, and Prosecutor's Office developed the proposed amendments, which
would provide code inspectors the ability to directly issue civil citations. Adoption of
these amendments will streamline the civil enforcement process and allow for the
expedited enforcement of repeat offenders.
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On January 6, 2009, the proposed amendments to Chapter 13, Article II were included
in the Code Compliance Update presented at a City Council Workshop.
On January 22 and February 26, 2008, the proposed Chapter 13, Article II amendments
were reviewed by the City Code Review Committee. The committee recommended that
the proposed amendments be presented at a City Council Workshop.
Amending Chapter 13, Article II will streamline the civil code enforcement process and
bring quicker relief to neighborhoods impacted by non-compliant properties.
Amending Chapter 13, Article II authorizes Code Compliance Inspectors to directly
issue citations.
Amending Chapter 13, Article II provides Code Compliance Inspectors the ability to
address repeat offenders through an expedited enforcement process.
It is staffs recommendation to waive beyond reading the title and adopt an ordinance
amending Chapter 13, Article II of the Glendale City Code concerning Civil Code
Enforcement.
Councilmember Clark asked Mr. McAllen to explain both the old and the new
procedures, for the viewing audience. Mr. Allen stated that the old procedure required
staff going out and inspecting the property, issuing a notice for the violation, going to
court and requesting a summons to have a citation issued for that violation to have it
corrected. The new procedure states that if a property is a repeat offender, staff will be
able to issue the citation on site. Councilmember Clark remarked that they had
essentially eliminated a step that should shorten the process. Mr. Allen stated she was
correct.
Councilmember Goulet asked how this would affect vacant properties. Mr. Allen
indicated that the violation procedures used now were notifications by mail, hand
delivery, postings or delivery by a process server. He noted that on a vacant property,
they will still be able to issue the notice to the responsible person. He added that in
difficult cases, their Clean and Mean Program would come into effect after they had
been given a thirty day notice and still have not complied. This was in accordance with
the state statute.
Mayor Scruggs thanked the City Council Code Review Committee for their work on this
issue.
It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2676
New Series. Motion carried on a roll call vote, with the following Councilmembers
voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs.
Members voting "nay": none.
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NEW BUSINESS
13. REAPPOINTMENT OF PRESIDING CITY JUDGE
Ms. Alma Carmicle, Human Resources Director, presented this item.
This is a request for the City Council to reappoint Presiding City Judge Elizabeth Finn to
a two-year term. Her current term expires March 25, 2009.
Judge Finn has served as a Presiding City Judge in Glendale since 2003 and is eligible
for reappointment to a two-year term. The Judicial Selection Advisory Board
unanimously recommends Judge Finn's reappointment based on the results of her
reappointment interview, letters of recommendation received on her behalf, confidential
survey results conducted by a private research firm and other reappointment materials.
The confidential survey and questionnaire on reappointment was mailed to over 300
recipients. Public input on reappointment was sought through advertisement in The
Arizona Republic and Maricopa Lawyer (published by the Maricopa County Bar
Association). The survey results and all letters of input have been provided to the
Mayor and Council, along with letters of recommendation.
The recommendation is to reappoint Presiding City Judge Elizabeth Finn to a two-year
term and set the annual salary to remain at the current rate of$168,310.
Ms. Carmicle introduced Mr. Peter VanCamp, Chair of the Judicial Selection Advisory
Board. He came forward and offered his comments.
Mr. VanCamp stated that their committee consists of citizens, Superior Court Judges,
Court of Appeals Judges and City Attorneys. There are eight persons on the committee
including the Presiding Judge. He indicated that concerning Judge Finn's
reappointment, they had reviewed all the statistical analysis regarding judicial surveys,
letters of recommendations, as well as personal interviews with Judge Finn. He stated
the committee unanimously recommends the reappointment of Judge Elizabeth Finn.
He noted she has been exemplary in her job performance while striving to maintain the
highest personal levels, such as improving herself as a Judge, while also improving the
judicial system.
Vice Mayor Martinez commented on the surveys conducted regarding Judge Finn. He
stated all comments received were outstanding. He stated those comments reflected
the great work she continues to do and has done. He added that she had received high
marks from her peers as well as the attorneys who appeared in court.
Mayor Scruggs remarked that she believed Vice Mayor Martinez had spoken from the
heart for everyone. She stated they were all very pleased, fortunate, and proud to have
Judge Finn as their Presiding Judge.
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It was moved by Martinez, and seconded by Lieberman, to reappoint Presiding
City Judge Elizabeth Finn to a two-year term and setting the annual salary to
remain at the current rate of$168,310. The motion carried unanimously.
14. REAPPOINTMENT OF CITY JUDGE
Ms. Alma Carmicle, Human Resources Director, presented this item.
This is a request for the City Council to reappoint City Judge Jean Baxter to a four-year
term. Her current term expires April 26, 2009.
Judge Baxter has served as a City Judge in Glendale since 1988 and is eligible for
reappointment to a four-year term. The Judicial Selection Advisory Board unanimously
recommends Judge Baxter's reappointment based on the results of her reappointment
interview, letters of recommendation received on her behalf, confidential survey results
conducted by a private research firm and other reappointment materials.
The confidential survey and questionnaire on reappointment was mailed to nearly 400
recipients. Public input on reappointment was sought through advertisement in The
Arizona Republic and Maricopa Lawyer (published by the Maricopa County Bar
Association). The survey results and all letters of input have been provided to the
Mayor and Council, along with letters of recommendation.
The recommendation is to reappoint City Judge Jean Baxter to a four-year term.
Ms. Carmicle introduced Mr. Peter VanCamp, Chair of the Judicial Selection Advisory
Board, to come forward and offer his comments once again.
Mr.VanCamp stated the committee also went through the same appointment process
with Judge Baxter. He noted that when reviewing the same items, it was also found that
Judge Baxter has had an exemplary job performance. She strives to maintain her legal
credentials with continuing her education, while also dedicating her time to public
service outside the courtroom. He stated the committee unanimously recommends the
reappointment of Judge Baxter.
Councilmember Frate thanked Mr.VanCamp and the Advisory Board for all the time and
effort they put into the committee process.
Vice Mayor Martinez thanked Judge Baxter for her service to the community and for the
exemplary job she has done over the years. Mayor Scruggs echoed Vice Mayor
Martinez's comments.
It was moved by Martinez, and seconded by Lieberman, to reappoint City Judge
Jean Baxter to a four-year term. The motion carried unanimously.
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REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Martinez, and seconded by Frate, to hold a regularly scheduled
City Council Workshop session at 1:30 p.m. in room B-3 of the City Council
Chambers on Tuesday, March 17, 2009 to be followed by an Executive Session
pursuant to A.R.S. 38-431.03. It was further moved that a Special Workshop and
Executive Session pursuant to A.R.S. 38-431.03 of the Glendale City Council be
held at 1:30 p.m. in room B-3 of the City Council Chambers on Tuesday, March
24, 2009. The motion carried unanimously.
CITIZEN COMMENTS
There were no citizen comments.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark congratulated both Judges on their reappointments. She thanked
them for their service to the city.
Councilmember Goulet thanked Mr. VanCamp and the Judicial Selection Advisory
Board for the fine work they do. He also congratulated both Judges on their
reappointment. He stated they had done an exemplary job for the City of Glendale and
the city was very grateful for their continued work in the community.
Vice-Mayor Martinez reminded Cholla District residents of a meeting being held on
Thursday, March 12, 2009, at the Legends Elementary School @ 6:30pm. He
encouraged everyone to attend.
Councilmember Frate commented that Spring Break will soon be upon us. He stated he
hopes everyone enjoys the extra time they will have with their children. He
recommends possibly going to see a ballgame at the new Glendale Training Facility.
He reminded everyone that with the weather turning warmer, kids will be playing outside
more, so please be vigilant and watch children around water.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:45 p.m.
Pa ela anna - City Clerk
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