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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 12/9/2008 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, DECEMBER 9, 2008, 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 four resolutions to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE NOVEMBER 25, 2008 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the November 25, 2008 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, 8 and 9 by number and title. 1. LIQUOR LICENSE NO. 3-1213, GLEN LAKES GOLF COURSE This is a request for the City Council to approve a person-to-person transfer Series 7 (Bar - Beer and Wine) license. Glen Lakes Golf Course is located at 5450 West Northern Avenue. The Arizona Department of Liquor Licenses and Control application (No. 07070431) was submitted by James Alwier Bellows. The location of the establishment is 5450 West Northern Avenue and is located within the Barrel District. The property is zoned A-1 (Agricultural District). The population density within a one-mile radius is 21,591. The establishment is over 300 feet from any church or school. This Series 7 is a person-to-person transfer license, operating with an interim permit; therefore, the approval of this license will not increase 1 the number of liquor licenses in the area. The number of liquor licenses within a one- mile radius is as listed below: Series Type Quantity 06 Bar - All Liquor 3 07 Bar— Beer and Wine 2 09 Liquor Store —All Liquor 1 10 Liquor Store - Beer and Wine 3 12 Restaurant 4 14 Private Club 2 Total 15 The City of Glendale Planning, Fire and Police Departments, as well as the 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. 3-1214, CARVERS STEAKS & CHOPS This is a request for the City Council to approve a new non-transferable Series 12 (Restaurant) license. Carvers Steaks & Chops is located at 8172 West Bell Road. The Arizona Department of Liquor Licenses and Control application (No.12077785) was submitted by Todd Marshal Cunningham. The location of the establishment is 8172 West Bell Road and is located within the Sahuaro District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 13,162. The establishment is over 300 feet from any church or school; however the rule does not apply to this series license. This Series 12 is a new non-transferable license, operating with an interim permit; therefore, approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below: Series Type Quantity 03 Microbrewery 2 05 Government 1 06 Bar - All Liquor 5 09 Liquor Store —All Liquor 5 10 Liquor Store - Beer and Wine 9 12 Restaurant 40 Total 62 2 The City of Glendale Planning, Fire and Police Departments, as well as the 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 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. 3. SPECIAL EVENT LIQUOR LICENSE FOR ST. HELEN'S COUNCIL, NEW YEAR'S EVE DINNER DANCE, DECEMBER 31, 2008 This is a request for the City Council to approve a special event liquor license for St. Helen's Council #11738—Knights of Columbus. The event will be held at St. Helen's Catholic Church, located at 5510 West Cholla, on Wednesday, December 31, 2008, from 6:00 p.m. to 1:00 a.m. on January 1, 2009. The purpose of this special event liquor license is for a New Year's Eve Dinner Dance fundraiser. If this application is approved, the total number of days expended by this applicant will be one of the allowed 10 days per calendar year in 2008, and one of the allowed 10 days per calendar year in 2009. 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 in 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 FOR FIESTA BOWL FESTIVITIES, JANUARY 5, 2009 This is a request for the City Council to approve a special event liquor license for the Fiesta Bowl. The event will be held at 6222 North 91st Avenue on Monday, January 5, 2009, from 10:00 a.m. to midnight. The purpose of this special event liquor license is for the Fiesta Bowl Football Pre-Game Festivities in the Stadium Club VIP area located in the parking lot adjacent to the Youth Sports Complex. If this application is approved, the total number of days expended by this applicant will be one 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. 3 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. SPECIAL EVENT LIQUOR LICENSE FOR ST. JOSEPH ASSEMBLY BANQUET, MARCH 28, 2009 This is a request for the City Council to approve a special event liquor license for St. Joseph Assembly #2126 (Knights of Columbus). The event will be held at St. Helen's Catholic Church located at 5510 West Cholla on Saturday, March 28, 2009, from 6:00 p.m. to 10:00 p.m. The purpose of this special event liquor license is to honor police and fire personnel at a Public Safety Appreciation Banquet. If this application is approved, the total number of days expended by this applicant will be one 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. 6. CITY HALL PARKING GARAGE REPAIR This is a request for the City Council to approve a transfer of sanitation fund contingency appropriation authority and funds, and to ratify the City Manager's decision to engage Sky Engineering for emergency design and repair of the City Hall Parking Garage. A community with a vibrant city center is a City Council goal. Monitoring, testing, maintenance and repair of the City Hall Parking Garage helps assure a safe environment for citizens and employees and contributes to a vibrant city center. On June 13, 2008 a Glendale Sanitation Truck servicing the trash compactor on the basement level of the City Hall Parking garage hit a garage beam. Repair of the garage was managed by Sky Engineering and included design, concrete restoration, welding, post tension work, concrete testing and stucco finishing. Structural testing and inspection of the project was completed and the garage re-opened in mid- September. The final cosmetic repairs to the exterior of the garage were completed on October 16, 2008. This transaction will require the transfer of appropriation authority and funds of $196,849.88 from Fiscal Year 2008-09 sanitation fund contingency to the capital improvement account set up for the repair. 4 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $196,849.88 Account Name, Fund, Account and Line Item Number: Transfer from Sanitation Fund Contingency, Account No. 2480-11906-510200 $196,849.88 to Parking Garage Repair, Account No. 2480-78006-551200 The recommendation was to approve the transfer of $196,849.88 in appropriation authority and funds as discussed in the Budget Impacts and Cost section above and ratify the City Manager's decision to approve a professional services agreement with Sky Engineering for professional services related to the emergency design and repair of the City Hall parking garage. CONSENT RESOLUTIONS 7. ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK INTERGOVERNMENTAL AGREEMENT This is a request for the City Council to approve the Intergovernmental Agreement with the Arizona Water and Wastewater Agency Response Network for mutual aid in an emergency situation. Entering into this intergovernmental agreement for mutual aid in an emergency situation addresses the Council goal of one community focused on public safety for citizens and visitors and allows Utilities to maintain its high-quality service for citizens. The Arizona Water and Wastewater Agency Response Network is an organization of water and wastewater utilities that have signed a mutual aid agreement to assist one another during water sector emergencies. This pre-signed document eliminates any legal delay in assistance from one utility to another by having pre- negotiated terms for assistance. The network of utilities stands ready to assist during an emergency declared by the utility, the county, state, or federal government. The Arizona network is part of a nationwide Water and Wastewater Response Network movement to establish mutual aid networks for the water sector. The national program is sponsored by the U. S. Environmental Protection Agency and the American Water Works Association. The Arizona network has been in formal existence since the end of March 2008 and currently includes 12 members. Arizona became the 23rd state to formally join in this national effort. Benefits of membership include the ability to provide or secure voluntary assistance rapidly and prior to a formal emergency declaration by the county, state, or federal government and addresses otherwise lengthy and potentially complicated mutual aid issues in advance of an actual event requiring assistance. In addition, there is no cost to join or maintain membership and no penalties for declining a request for service. 5 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the intergovernmental agreement with the Arizona Water and Wastewater Agency Response Network for mutual aid in an emergency situation. Resolution No. 4217 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 MUTUAL AID AGREEMENT AN INTERGOVERNMENTAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK FOR MUTUAL AID IN AN EMERGENCY SITUATION. 8. ACCEPTANCE OF 2008 STATE HOMELAND SECURITY GRANTS This is a request for the City Council to adopt a resolution authorizing the City Manager to accept and administer fiscal year 2008 State Homeland Security Grant awards for a total amount of $1,163,868. This request supports the Council strategic goal of one community focused on public safety for citizens by providing both Police and Fire Departments a means to purchase homeland security related equipment. The grants also provide an opportunity to fund target hardening construction for fire stations left open and unoccupied while on calls due to their open designs. These grant awards will support the Police by enhancing operations for the Rapid Response Team, Tactical Response Team, Assessment Team Terrorism Liaison Officers and the Explosive Ordinance Disposal operations and equipment at a total of $258,132. The grants for the Fire Department will enhance the operations of their Rapid Response Team, Threat and Vulnerability Assessment/Security Upgrades for fire stations, Assessment Team Terrorism Liaison Officers, Glendale Metropolitan Medical Response System, and the Buffer Zone Protection Program, as well as hazardous materials response enhancements for DPC Chemical at a total of $905,736. On June 10, 2008, the Council approved State Homeland Security grants to enhance the Explosive Ordinance Disposal operations, Rapid Response Team operations and public safety communications equipment. On April 8, 2008, the Council approved State Homeland Security grants to enhance local citizen emergency preparedness, critical infrastructure security equipment and continue the city's anti-terrorism partnership with state and federal agencies. 6 Since 1999, Glendale has been able to leverage city funds with grant funds to enhance first responder preparedness with the city and the West Valley. If a situation were to occur, all the West Valley and state first responders could work together and pool their equipment and supplies to meet any need that arises. Glendale Police has the only nationally certified bomb team in the West Valley and also is an Urban Area Security Initiative Rapid Response Team city which is part of the state's response plan. Grant funds have been used to purchase safety equipment to protect first responders, specialized equipment for technical operations, and equipment to enhance communication efforts, as well as to develop preparedness training and to enhance prevention and intervention programs. There is no financial match requested for this funding. This is one-time funding by the State Department of Homeland Security specifically for the programs identified previously. While no matching funds are requested for the initial purchase of this equipment, as the budget allows, Fire and Police departments may need to come back in later years for some related operating and maintenance costs, or secure additional grant funding for replacements. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $1,163,868 Account Name, Fund, Account and Line Item Number: A specific account will be established in Fund 1840, the city's grant fund, once the grant agreements are formally executed. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to accept and administer the Fiscal Year 2008 State Homeland Security Grant awards in the amount not to exceed $1,163,868. Resolution No. 4218 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING VARIOUS GRANT AWARDS FROM THE ARIZONA DEPARTMENT OF HOMELAND SECURITY UNDER THE FFY 2008 HOMELAND SECURITY GRANT PROGRAM. 9. AUTHORIZATION FOR THE CITY ATTORNEY TO FILE ACTION FOR CONDEMNATION This is a request for the City Council to authorize the City Attorney to file condemnation action for clear title for property located west of 99th Avenue, along the Grand Canal, and within the Bethany Home alignment, as shown on the diagram provided in the council communication, for the purpose of securing title to unclaimed land for the placement of utility lines. 7 The property in question is currently not claimed by any person. In 1913, the then owners of the property attempted to deed the property to Maricopa County. The County refused to accept the deed. Since that time, no person has claimed title to the land and the unique location of the land next to Grand Canal infrastructure and adjoining land that was undeveloped for many decades lead to no claim of ownership. Condemnation by the city will provide clear title to the land and the ownership interests necessary for the installation of utility infrastructure. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Attorney to file condemnation action for property located west of 99th Avenue, along the Grand Canal, and within the Bethany Home alignment, as shown on the attached diagram. Resolution No. 4219 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 CITY ATTORNEY TO FILE CONDEMNATION ACTION FOR CLEAR TITLE TO REAL PROPERTY LOCATED WEST OF 99TH AVENUE, ALONG THE GRAND CANAL, AND WITHIN THE BETHANY HOME ALIGNMENT IN THE CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, BE ACQUIRED UNDER THE POWER OF EMINENT DOMAIN FOR THE PURPOSE OF SECURING TITLE TO UNCLAIMED LAND FOR THE PLACEMENT OF UTILITY LINES PURSUANT TO A.R.S. SEC. 12-1111. It was moved by Frate and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 9, including the approval and adoption of Resolution No. 4217 New Series, Resolution No. 4218 New Series, and Resolution No. 4219 New Series, and to forward (1) Liquor License Application No. 3-1213 for Glen Lakes Golf Course, (2) Liquor License Application No. 3 -1214 for Carvers Steaks & Chops, (3) Special Event Liquor License Application for St. Helen's Council #11738 (Knights of Columbus) for a New Year's Eve dinner dance to be held at 5510 West Cholla on December 31, 1008, (4) Special Event Liquor License Application for the Fiesta Bowl Football Pre-game Festivities to be held at 6222 North 91st Avenue on January 5, 2009, and (5) Special Event Liquor License for St. Joseph Assembly #2126 (Knights of Columbus) for a banquet to be held at 5510 West Cholla on March 28, 2009 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 10. MAJOR GENERAL PLAN AMENDMENT M-GPA08-04 (RESOLUTION): NORTHERN PARKWAY COMMERCE CENTER — 12300 WEST GLENDALE AVENUE (PUBLIC HEARING REQUIRED) 8 Jon M. Froke, AICP, Planning Director, presented this item. This is a request for the City Council to conduct a public hearing and approve a request to change the General Plan Land Use Map for approximately 344 acres from Heavy Industrial (HI) and Parks and Open Space (P/OS) to Business Park (BP), Planned Commercial (PC), Corporate Commerce Center (CCC), and Luke Compatible Land Use (LCLU). The property is located at the northwest corner of El Mirage Road and Glendale Avenue. The application was filed by El Paso Natural Gas. Glendale 2025, the City of Glendale's General Plan, includes specific goals addressing the need for growth management. General Plan Amendments are a means to direct and control growth. Strategic goals set forth by the City Council call for quality economic development. The intent of the proposal is to develop a mixed-use employment center, which will contribute to the city's economic prosperity and vitality. The proposal is consistent with city land use policies and state statutes relating to development in the vicinity of Luke Air Force Base (AFB). The applicant proposes to develop the Northern Parkway Commerce Center as a mixed-use employment center on a total of 473 acres. The amendment area includes approximately 344 acres of the El Paso Natural Gas Company property. The majority of the remaining 129 acres of El Paso Natural Gas Company is property currently designated as LCLU and will not be amended with this application. The CCC designation provides for up to 15% residential development. However, the applicant has agreed, and the city will stipulate at the time of approval, that no residential development will be allowed within the CCC designation. Additional public safety facilities or personnel will not be required as a result of the proposed amendment, but will be addressed through the rezoning process. The Planning Commission conducted two public hearings as required by state statute for Major General Plan Amendments. At the second public hearing, held on October 23, 2008, the Commission unanimously recommended approval of M-GPA08- 04. Planning staff briefed the Council on this item at the Council Workshop held on October 7, 2008. Council guided staff to move forward with the request. The Planning Commission held the first public hearing on October 2, 2008, at the Glendale Adult Center. The Planning Commission took no formal action at that time. 9 Staff briefed the Planning Commission on this item at the September 4, 2008, Planning Commission Workshop. M-GPA08-04 provides policy direction to support a future commerce park which can result in employment opportunities and enhanced economic development. Future development will be compatible with Luke AFB and the industrial character of the area and with emerging development patterns in this portion of the West Valley. Notice for the Council public hearing was published in The Glendale Star on November 20, 2008, and the property was posted on November 7, 2008. Informational postcards were mailed to 244 property owners and interested parties on November 21, 2008. At the second Planning Commission public hearing held on October 23, 2008, a representative from Morton Salt expressed concerns regarding compatibility of Morton operations with the proposed project. Staff explained that this type of concern would be addressed during a rezoning process. One neighboring property owner spoke in support of the project. At the first Planning Commission public hearing held on October 2, 2008, a representative from Morton Salt referenced their letter of opposition, dated September 29, 2008, expressing concerns regarding compatibility of Morton operations with the proposed development. Staff explained to the representative that this type of concern would be addressed as part of a rezoning request. In a letter dated July 24, 2008, Luke AFB indicated that the request would not negatively impact flying operations. In a letter dated July 16, 2008, the City of Litchfield Park expressed concern with the removal of the P/OS designation. The P/OS is for a small wash which will be addressed as part of any future rezoning request. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution for Major General Plan Amendment application M-GPA08- 04, subject to the stipulation as recommended by the Planning Commission. Mayor Scruggs asked the applicant or applicant's representative to come forward and make a presentation. Mr. Mike Phalen, Fennemore Craig, PC, representing El Paso Natural Gas, asked to take a moment to thank staff, especially the assistance and guidance they received from Jon Froke, Ron Short and Karen Flores. He was pleased to come here tonight with a unanimous recommendation of approval from the Planning Commission 10 and Luke Air Force Base. He addressed the comments received from Morton Salt and stated that they plan to address them during the rezoning stage of the process. He indicated that they agree with staff's recommendations and stipulations and respectfully ask that the City Council approve the general plan amendment application. Mayor Scruggs thanked El Paso Natural Gas for the years of hard work on this project. She also thanked city staff for bringing forth a project that everyone can feel very good about. Mayor Scruggs opened the public hearing on Agenda Item No. 10. As there were no comments, Mayor Scruggs closed the public hearing. Resolution No. 4220 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING MAJOR GENERAL PLAN AMENDMENT M- GPA08-04 FOR PROPERTY LOCATED AT 12300 WEST GLENDALE AVENUE. It was moved by Clark, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4220 New Series. The motion carried unanimously. NEW BUSINESS 11 . FALL 2008 NEIGHBORHOOD IMPROVEMENT GRANT RECOMMENDATIONS Matthew Cohrs, Neighborhood Partnership Administrator, presented this item. This is a request for the City Council to approve the Fall 2008 neighborhood improvement grant requests, as recommended by the Citizens Advisory Commission on Neighborhoods. This cycle, there were eight grant requests from neighborhoods throughout the city — East Catlin Court, Floralcroft, Sands West, Thunderbird Palms/Hickory shadows, Arrowhead Ranch Phase II, Arrowhead Lakes, Maryland Heights, Emerald Point. Because of the strong level neighborhood support for all of the requests and the benefit to each neighborhood, the Citizens Advisory Commission on Neighborhoods set the total funding for this cycle at $350,000. On November 12, 2008, the commission concluded the review process of the eight different neighborhood grant requests and unanimously voted to recommend them all The recommendation tonight is to approve the Fall 2008 Neighborhood Improvement Grant requests in the amount of $350,000 as recommended by the Citizens Advisory Commission on Neighborhoods, and authorize the City Manager, or 11 his designee, to execute all documents necessary to accomplish and complete each of the grant requests. This concludes the presentation. I'd be happy to answer any questions the Mayor and council might have. Also I'd also like to recognize the neighborhoods in attendance here tonight. Mr. Cohrs asked those attendees present to stand. As an example of the support these grants had, at the Nov 5th hearing, B-3 was standing room only and extra chairs had to brought in as so many were in attendance." Councilmember Frate thanked the neighborhoods that participated. He stated this process was aimed at making communities better. He noted this was a very important program for the citizens. Councilmember Lieberman thanked staff for not placing this item on the consent agenda. He was glad this item stood on its own because of its importance. He thanked the neighborhoods for their participation as well as staff for their hard work on this item. It was moved by Clark, and seconded by Frate, to approve the Fall 2008 Neighborhood Improvement Grant requests in the amount of $350,000, as recommended by the Citizens Advisory Commission on Neighborhoods, and authorize the City Manager, or his designee, to execute all documents necessary to accomplish and complete each of the grant requests. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, December 16, 2008, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS None COUNCIL COMMENTS AND SUGGESTIONS Councilmember Lieberman invited everyone to come enjoy Glendale Glitters this weekend. Councilmember Frate wished everyone a safe weekend as they enjoy Christmas festivities and outings. He asked them not to forget to watch children around water. 12 Councilmember Knaack reminded everyone to do their shopping in Glendale. She also excitedly announced "Go Cardinals!" Mayor Scruggs wished to echo Councilmember Knaack's sentiments exactly. 13 ADJOURNMENT There being no further business, the meeting was adjourned at 7:20 p.m. Pamela Hanna - City Clerk 14