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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/10/2009 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 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 two resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JANUARY 27, 2009 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the January 27, 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 and 8 by number and title. 1. LIQUOR LICENSE NO. 3-1219, SMART & FINAL This is a request for the City Council to approve a person-to-person transfer Series 9 (Liquor Store-All Liquor) license. Smart & Final is located at 7720 West Bell Road, Suite A. The Arizona Department of Liquor Licenses and Control application (No. 09073009) was submitted by Joseph Ovidio Cipollini. The location of the establishment is 7720 West Bell Road, Suite A, and is located within the Sahuaro District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 10,768. The establishment is over 300 feet from any church or school. This Series 9 is a person-to- person transfer license operating with an interim permit; therefore, the approval of this Erb 1 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 Domestic Micro Brewery 2 05 Government 1 06 Bar—All Liquor 5 09 Liquor Store —All Liquor 6 10 Liquor Store — Beer and Wine 8 12 Restaurant 41 Total 63 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. 3-1221, THE NAKED TRUTH SPORTS BAR AND GRILL This is a request for the City Council to approve a person-to-person transfer Series 7 (Bar - Beer and Wine) license. The Naked Truth Sports Bar and Grill is located at 5060 West Bethany Home Road, Suite 17. The Arizona Department of Liquor Licenses and Control application (No. 07070847) was submitted by Shay Marie Anderson. The location of the establishment is 5060 West Bethany Home Road, Suite 17, and is located within the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 16,837. 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 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 4 07 Bar— Beer and Wine 1 09 Liquor Store —All Liquor 3 10 Liquor Store — Beer and Wine 12 12 Restaurant 6 Total 26 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 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. LIQUOR LICENSE NO. 3-1223, GLENFAIR LANES This is a request for the City Council to approve a person-to-person transfer Series 6 (Bar-All Liquor) license. Glenfair Lanes is located at 6110 North 59th Avenue. The Arizona Department of Liquor Licenses and Control application (No. 06070458) was submitted by Jake Phil Lucero. The location of the establishment is 6110 North 59th Avenue and is located within the Ocotillo District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 24,369. The establishment is over 300 feet from any church or school. This Series 6 is a person-to-person transfer license operating with an interim permit, therefore, the 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 06 Bar—All Liquor 6 07 Bar— Beer and Wine 3 09 Liquor Store —All Liquor 6 10 Liquor Store — Beer and Wine 14 12 Restaurant 12 Total 41 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. 3 4. SPECIAL EVENT LIQUOR LICENSE, ST. THOMAS MORE PARISH, VALENTINE'S DAY DINNER, FEBRUARY 14, 2009 This is a request for the City Council to approve a special event liquor license for St. Thomas More Parish. The event will be held at St. Thomas More Church located at 6180 West Utopia Road on Saturday, February 14, 2009, from 6:00 p.m. to 9:00 p.m. The purpose of this special event liquor license is for a Valentine's Day dinner to be held inside the parish hall. 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. 5. SPECIAL EVENT LIQUOR LICENSE, KNIGHTS OF COLUMBUS, ST. PATRICK'S DAY FUNDRAISER, MARCH 14, 2009 This is a request for the City Council to approve a special event liquor license for Knights of Columbus. The event will be held at Saint Raphael's Church, located at 5545 West Acoma Road, on Saturday, March 14, 2009, from 5:30 p.m. to 10:30 p.m. The purpose of this special event liquor license is for a St. Patrick's Day dance fundraiser. 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. CONSENT RESOLUTIONS 6. ACCEPTANCE OF FY 2009-10 GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY This is a request for the City Council to adopt a resolution authorizing the City Manager to accept and administer the Fiscal Year 2009-10 Governor's Office of Highway Safety (GOHS) Click It or Ticket grant in the amount not to exceed $15,000. 4 This request supports the Council strategic goal of one community focused on public safety for citizens by providing the Police Department a means to focus on seat belt and car seat enforcement. This grant award will support the Police Department by providing overtime funding for personnel during the grant period between March 1, 2009 and March 31, 2010. This will allow the department to increase the number of hours officers dedicate specifically to seat belt and car seat enforcement. Three enforcement periods are planned by the GOHS in March of 2009, October/November of 2009 and March of 2010. This grant will benefit the Glendale community and the citizens by allowing the Police Department to provide additional hours of police officer patrol time dedicated to enforcing seat belt violations. Worn correctly, seat belts can significantly reduce the risk of fatal injury. High visibility enforcement of seat belt laws, like the Click It or Ticket program, has been effective in raising the awareness and the importance of seat belt and car seat usage. There is no financial match required for this grant. Grants Capital Expense One-Time Cost _ Budgeted Unbudgeted Total X X $15,000 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 agreement is formally executed. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept and administer the Fiscal Year 2009- 10 Governor's Office of Highway Safety Grant Program funding in an amount not to exceed $15,000. Resolution No. 4233 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 THE ACCEPTANCE OF THE 2009/2010 GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR SEAT BELT ENFORCEMENT AND CHILD RESTRAINT ENFORCEMENT BY THE GLENDALE POLICE DEPARTMENT. 7. DISCLAIMER TO QUIET TITLE — NORTHWEST CORNER OF 91ST AVENUE AND BETHANY HOME ROAD This is a request for the City Council to adopt a resolution authorizing the City Manager to execute documents necessary to disclaim any city interest in property owned by the Clarence Pendergast, Jr. family interests at the northwest corner of 91St Avenue and Bethany Home Road. 5 Between 2002 and 2005, the city entered into various agreements with the Tourism and Sports Authority for event staging and other developments in the vicinity of the stadium. The legal descriptions used with these agreements unintentionally may have encumbered property owned by CCP Investments #1, LLC; CCP Investments #2; and by Clarence C. Pendergast, Jr., individually and as trustee of The Pendergast Trust. The Pendergast family attorney has requested the City and the Tourism and Sports Authority (AzSTA) disclaim any interest in the property and assure clear title to the property. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute documents necessary to disclaim any city interest in propertowned by the Clarence Pendergast, Jr. family interests at the northwest corner of 91'Avenue and Bethany Home Road. Resolution No. 4234 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 DISCLAIMERS REGARDING ANY PROPERTY INTERESTS CONTAINED IN CERTAIN RECORDED DOCUMENTS WITH THE TOURISM AND SPORTS AUTHORITY AND THE ARIZONA CARDINALS FOOTBALL CLUB, INC. RELATING TO THE UNIVERSITY OF PHOENIX STADIUM. It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 7, including the approval and adoption of Resolution No. 4233 New Series and Resolution No. 4234 New Series; and to forward Liquor License Application No. 3-1219 for Smart & Final, Liquor License Application No. 3-1221 for The Naked Truth Sports Bar and Grill, and Liquor License No. 3-1223 for Glenfair Lanes; and Special Event Liquor License Applications for (1) St. Thomas More Parish for a Valentine's Day dinner to be held at St. Thomas More Church located at 6180 West Utopia Road on February 14, 2009, and (2) Knights of Columbus for a St. Patrick's Day fundraiser to be held at Saint Raphael's Church located at 5545 West Acoma Road on March 14, 2009, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 8. SALT RIVER PROJECT IRRIGATION EASEMENT: 67TH AVENUE AT CACTUS ROAD Greg Rodzenko, Assistant City Engineer, presented this item. This is a request for the City Council to adopt an ordinance granting an irrigation easement in favor of Salt River Project (SRP) within the intersection of 67t Avenue and Cactus Road. 6 Intersection improvement projects along 67th Avenue have previously been identified in the GO Program as approved by voters in 2001. As part of the projects, SRP irrigation was requested to relocate its facilities. SRP agreed to accommodate the request and requires easements to protect its facilities. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an irrigation easement in favor of Salt River Project within the intersection of 67th Avenue and Cactus Road. Ordinance No. 2672 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRRIGATION EASEMENT IN FAVOR OF SALT RIVER PROJECT WITHIN THE INTERSECTION OF 67TH AVENUE AND CACTUS ROAD; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2672 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. 9. DEEDS AND EASEMENTS ORDINANCE Pamela Hanna, City Clerk, presented this item. This is a request for the Council to adopt an ordinance to formally accept real estate properties on behalf of the City of Glendale. The Deeds and Easements Ordinance is comprised of properties that have been deeded to the City. The deeds have all been recorded with Maricopa County. The recommendation was to waive reading beyond the title and adopt an ordinance formally accepting the real estate properties on behalf of the City of Glendale. Ordinance No. 2673 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY CONVEYED TO THE CITY OF GLENDALE. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2673 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. 7 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, February 17, 2009, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. CITIZEN COMMENTS There were no citizen comments. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark stated that she had met with the Glendale Union High School District superintendent who supplied a copy of the U.S. News and World Report listing the top 100 High Schools in the nation. Bronze award winners were Cortez High School, Glendale High School, Moon Valley High School and Washington High School. Silver award winners were Sunnyslope High School and Thunderbird High School. She extended her congratulations to the district on this honor. Councilmember Clark also extended her condolences and those of the council to the wife and family of Jake Starr, a business owner who ran a fixed base operation at the Glendale Airport and who she characterized as bright, energetic, smart, forthright and enthusiastic with an infectious sense of humor. Those wishing to obtain additional information can go to www.caringbridge.orq and type in jakestarr all one word. Councilmember Goulet stated he had also met with the superintendent and was impressed that Glendale High School was going to be starting a two year culinary program. He also commented that the Glendale Mercado Shopping Center at 67 Avenue and Glendale would be opening soon and he extended his thanks to staff and appreciates the efforts of all who helped with the project. Councilmember Lieberman extended his condolences to the family of Jake Starr and stated that Jake was a great pilot, a good merchant and friend and that he would be missed. Councilmember Martinez extended his congratulations to the Bidwill family and the Cardinals' players on their trip to the Super Bowl. He stated it was a super Super Bowl and expressed his hope for possibly winning next year. Councilmember Frate stated that he had been at a Community Build over the weekend and that it was the best and quickest according the organizers. The build was made possible with Neighborhood Grant funds of $80,000 that made it possible for a playground system to be installed. He extended his thanks to Daniel Martinez and to city employee Roger Boyer of Parks and Recreation. He further stated that he also had attended the 6" Annual Union Hills Classic held at the skate park. He said both boys 8 and girls were well represented. Councilmember Frate reminded Saguaro residents of the Spring Fling to be held on February 21 from 11 a.m. to 2 p.m. at the Paseo Ball Fields at 63 Avenue and Thunderbird. He said that 20 city departments would be represented including police and fire. Additionally, he stated that Braxton Bilbrey would be there to talk about water safety. Councilmember Knaack expressed her appreciation to Jamsheed Mehta, the transportation department and other staff who assisted in the improvements to 59th Avenue from Olive to Peoria Avenues. She also extended her thanks to the Parks and Recreation department who assisted in placing the new landscaping granite on the west side. She explained that there was a new pedestrian crosswalk countdown at 59th Ave and Olive and she expressed her desire that this prove to be a helpful tool and, if so, that this be just the first to be installed within the City. Mayor Scruggs thanked everyone for their interest in the City of Glendale and thanked for their attendance. ADJOURNMENT There being no further business, the meeting was adjourned at 7:35 p.m. amela Hanna - City Clerk 9