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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/24/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 24, 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: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. 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 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 AUGUST 30, 2002 AND SEPTEMBER 10 2002 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the August 30, 2000 Special Council Meeting and the September 10, 2002 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. PROCLAMATIONS AND AWARDS RACE EQUALITY WEEK PROCLAMATION To reaffirm its commitment to racial equality, the City of Glendale issued a proclamation declaring September 23-29, 2002 as Race Equality Week. The National League of Cities (NLC) has coordinated this week of recognition in a nationwide campaign to promote racial equality. The NLC campaign is being conducted in conjunction with various state municipal leagues and NLC's member towns and cities throughout the United States. This event serves as a reminder to all of us that promoting racial equality and ending racism requires awareness, commitment, and action. This is an opportunity for the City of Glendale to stand up and be counted in an ongoing effort to ensure that its community fosters racial equality and harmony. 1 To promote Race Equality Week, the City's Diversity Task Force, in collaboration with the Library Department and the Parks and Recreation Department, sponsored a "Color Me Glendale...Diversity is Our Strength!" poster contest. Posters were judged on originality, communication of theme, and design. Mayor Scruggs proclaimed September 23-29, 2002 as Race Equality Week. Ms. Linda Osuna-Berrelez, Poster Contest Coordinator, accepted the proclamation on behalf of the community. Ms. Osuana-Berrelez recognized the following "Race Equality" poster contest winners: Andrew Polican, 1St grade, Northwest Community rChristian School, Sahuaro District; De-Jae Davidson, 3rd grade, Carol G. Peck Elementary School, Cactus District; Hannah Cota, 6th grade, Home Schooled; Ashley Horn, 7th grade, Isaac Imes Elementary School, Ocotillo District; and Jasmine Stack, 9th Grade, Ironwood High School, Sahuaro District. FIRE PREVENTION WEEK PROCLAMATION The week of October 6 through 12, 2002, is being designated as Fire Prevention Week across the United States. The purpose of the week is to remind citizens of the importance of fire prevention at home, work, and school. This year's theme is "Team up for Fire Safety". The Glendale Fire Department also incorporated its own theme, "The Spirit of America in Glendale". Fire Prevention activities will start in Glendale with the 20th annual Fire Prevention Day Parade on Saturday, October 5, 2002. The parade will begin at 9:30a.m., proceeding west on Glendale Avenue, from 51St to 59th Avenues. This week is supported by the Arizona Fire and Burn Educator's Association, the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters, and the Fire Marshal's Association of North America. Glendale citizens were asked to participate in fire prevention activities at home, work, and school. Mr. Mark Burdick, Fire Chief, was present for the Mayor's reading and presentation of the proclamation. Mayor Scruggs proclaimed the week of October 6-12, 2002 as Fire Prevention Week in Glendale, Arizona. She presented the proclamation to Ms. Christine Clouse, Executive Director of the West Valley Child Crisis Center. Ms. Clouse thanked the Mayor and Council. She explained that the West Valley Child Crisis Center is building a new facility at 81St and Glendale Avenues, which will house 44 children. She thanked the Glendale Fire Department for assisting Habitat for Humanity on two of their buildings and for the mural they are painting in one of the rooms. 2 PRESENTATION OF INTERNATIONAL FIRE ACCREDITATION AWARD The Glendale Fire Department has recently been bestowed the prestigious honor of "International Accreditation" by the Commission on Fire Accreditation International (CFAI). This distinction is held by only 66 fire department agencies worldwide, with nearly 35,000 departments in the United States alone. The City of Glendale joins the cities of Tempe, Chandler, and Mesa as the only accredited fire departments in the State of Arizona. The CFAI was formed in 1996 by the International Association of Fire Chiefs and the International City/County Managers Association to establish a body of standards designed to: 1) Promote excellence within the fire and life safety services; 2) Encourage quality improvement through a continuous self-assessment process; 3) Provide a detailed evaluation of a department and the services it provides to the community; 4) Provide a method for addressing deficiencies and building on organizational success; and 5) Foster pride in an organization, from department members, community leaders, and citizens. CFAI standards are based on 250 performance indicators, divided among 10 categories that cover all facets of fire and life safety services. Accreditation through CFAI benefits fire service agencies through controlled liability insurance costs, greater accountability within the agency, support from government officials, increased community advocacy, and recognition for excellence. After successfully completing the nearly three-year process, the Glendale Fire Department was formally recognized at the International Fire Chiefs Conference on August 22, 2002 and is proud to become a member of this elite group of fire and life safety service agencies. Mr. Cliff Jones, City of Tempe Fire Chief, who is also the CFAI Commissioner, presented the accreditation plaque from the Commission on Fire Accreditation International (CFAI) to the City Council and Mr. Mark Burdick, City of Glendale Fire Chief. Mr. Burdick thanked Mr. Jones and commended all members of the organization. He said the Fire Department was very pleased and proud of its accomplishment. He presented the accreditation plaque to Mayor Scruggs and the Council. 3 2002 RUTH BYRNE HISTORIC PRESERVATION AWARD The Ruth Byrne Historic Preservation Award was established in 1996 to recognize outstanding contributions, by individuals or organizations, to historic preservation in the City. Past recipients have included Mr. Richard Coffinger, Mayor Elaine Scruggs, Ms. Martha Campbell, Ms. Sue Branch, the Glendale Historical Society, Dr. and Mrs. Charles St. Clair, Ms. Sandy Kralovitz, and Mr. Larry Rovey. The Historic Preservation Commission has selected Ms. Ruth Byrne to be the recipient of the City's prestigious Ruth Byrne Historic Preservation Award for 2002. Ms. Byrne is the namesake and founder of the Ruth Byrne Historic Preservation Award and has been actively involved in a variety of preservation activities in the City of Glendale since 1982. Through her volunteer work with the Glendale Arizona Historical Society, the Glendale Historic Preservation Commission, and the Sahuaro Ranch Foundation, Ms. Byrne has been an invaluable asset to Glendale's historic preservation efforts. Ms. Byrne values and promotes all aspects of historic preservation, but she has been especially concerned with preserving the buildings and memories of Sahuaro Ranch and Manistee Ranch. Major accomplishments by Ms. Byrne include: • the development of the public tours program at Sahuaro Ranch in 1985; • the preparation and exhibition of "traveling kiosks" depicting the many faces of Glendale past and present during the City's 100th anniversary celebration in 1991 and 1992; • participation in the acquisition of Manistee Ranch in 1995-1996 while serving one of her terms as President of the Glendale Arizona Historical Society; and • promotion and fund raising for the Glendale Newspaper Microfilming Project, which resulted in filming of over 90,000 pages of Glendale newspapers from 1912 to present. The Historic Preservation Commission solicits nominations for the award annually. A subcommittee is formed to evaluate the nominations and make a recommendation to the Commission on the current year's award recipient(s). Mr. Philip Reina, Vice Chair of the Historic Preservation Commission, presented the Ruth Byrne Historic Preservation Award to Ms. Ruth Byrne for her outstanding contributions to the historic preservation of the City of Glendale. Ms. Byrne said it was nice to have an award named after you and then to receive it for doing something you love. She explained that the award was established not only to honor people, but to increase the public's awareness of, and interest in, historic 4 preservation. She said, by emphasizing historic preservation, Glendale will keep its small town feel. She commended the City on its efforts to preserve the City's history. COMMUNITY SERVICE AWARD FOR MR. BOBBY FREEMAN As the 2001 World Series Champions Arizona Diamondbacks Official Ballpark Musical Mascot, a Diamondbacks Community Affairs Representative to the community at large, and a Glendale resident, Mr. Bobby Freeman has significantly contributed to the City of Glendale. Mr. Freeman has performed for Glendale Police Department DARE Program Graduation ceremonies at Glendale Community College (approximately 7,000 people). He has entertained hundreds of bicycle riders for the annual "Go Glendale Family Bike Ride" and performed at Glendale libraries for the "Read Your Way To The Ballpark" Diamondback summer reading program. Mr. Freeman has also provided music and entertainment for the City's 2001 voter registration kickoff ceremonies. He helped dedicate the Brian Anderson Field as part of the Diamonds Back Field Program. This was the seventh field refurbished for Little League players by the Arizona Diamondbacks. Almost 20% of his over 150 public appearances on behalf of the Arizona Diamondbacks last year were in, or connected to, the City of Glendale. He provided pre-program entertainment for the City of Glendale's Parks & Recreation "Family Night" involving almost 4,000 people. He entertained for opening ceremonies of the "Challenger Little League" which is a collaborative effort between the Cities of Glendale and Peoria for " The Bobby & Baxter Show: I LIKE Who I'm Going To Be" program at Barcelona Primary School in Glendale, which targets fourth graders, for building successful life skills. Schools throughout Arizona now request this program. Mr. Freeman has personally supported the Transportation Department's Traffic Education Slow Down Clown activities, including the annual Arizona Diamondbacks • "Community Corner" at Diamondback games where the Clowns were featured in the dugout on ESPN television in July of 2002. He has performed for the Transportation Department's "Slow Down Friday©" Traffic Safety Education Programs since its inception in 1999. The program has now reached over 11,000 students and their families in Glendale. Mayor Scruggs recognized Mr. Bobby Freeman, Official Ballpark Musical Mascot for the 2001 World Series Champions Arizona Diamondbacks and fellow Glendale resident, for his unwavering energies to musically, magically, inspire and support life- saving and soul-enriching programs for the citizens of Glendale. She presented him with a community service award and thanked him for his contagious and generous spirit. 5 Mr. Freeman stated that everyone in the Diamondbacks organization contributes to this effort. He said, while entertaining people is important to the Diamondbacks, making a difference in the community and in people's lives is also important. He said they take serious messages and portray them in a fun way through their various programs. He thanked the Mayor and Council for their support. PRESENTATION OF SLOW DOWN CLOWN TROUPE 2001 WORLD SERIES CAPE TO ARIZONA DIAMONDBACKS MASCOT, D. BAXTER THE BOBCAT The Arizona Diamondbacks Baseball Organization is committed to community service. For the last three years, the official mascot, D. Baxter The Bobcat, has unselfishly given of his time and talents to entertain, educate, and encourage the students in elementary schools throughout the City of Glendale to achieve more in their lives than they ever dreamed possible. D. Baxter The Bobcat, Official Mascot for the 2001 World Series Champions Arizona Diamondbacks, was recognized for his endless energies in transforming traffic education programs for Glendale's children into colorful, exciting, and memorable moments. Mayor Scruggs, Mr. Dave Griffon of Ace Auto Tops and Upholstery in Glendale, and the City of Glendale Transportation Department Volunteer Slow Down Clown Troupe presented a certificate and the Slow Down Clown Troupe 2001 World Series Cape to Mr. Eric Stecker, Mr. Baxter's manager, and D. Baxter the Bobcat, in appreciation for Mr. Baxter's continued participation in Slow Down Friday© Traffic Safety Education Programs. The members of the Volunteer Slow Down Clown Troupe were Skid Mark (Kathie Sholly); Betty Beep & Pal Hubcap (Linda Ginn); Rita Radar (Dodie Romo); Conchita-Don't-Speeda (Carol Butler); Taloulah Traffic (Debbie Blomme); Moana The Traffic Cona (Pete Aguilera); Professor Splatt (Russell Fletcher); and Princess Pedestrian (Jeannie McKenzie LaVelle). CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 and 2 by number and title, and Ms. Pamela Oliveira, City Clerk, read Agenda Item Numbers 3 through 6 by number and title. 1. THE GLENDALE WORLD MUSIC FESTIVAL This was a request for City Council approval to transfer funding from the General Fund Contingency account to the Special Events accounts for The Glendale World Music Festival. Since 1996 WorldPort has been an annual City event, produced on the campus and in cooperation with Thunderbird — The American Graduate School of International Management (AGSIM). Earlier this year, as part of developing the City's business plan, the Special Events Division was asked to assess WorldPort. The City 6 Council instructed staff to redesign the event, emphasizing the need to reduce the cost per participant and to secure additional monetary and staff support from AGSIM. Meetings held with AGSIM have resulted in a redesign of the WorldPort event. The name of the event has been changed to The Glendale World Music Festival. The event will take place during the fourth weekend in March, from 6 p.m. to 1 a.m. on Friday and from 10 a.m. to 1 a.m. on Saturday. As a part of the event a concert/dance will be held indoors at AGSIM from 10 p.m. to 1 a.m. The event's target audience is adults between the ages of 25 and 54. The predicted attendance is 20,000 people, which reduces the City's cost per participant from $3.54 to $2.12 the first year. Additional monetary and staff support has been pledged by AGSIM. They have agreed to increase their previous contribution from $3,000 to $20,000 in an effort to help secure enhanced entertainment opportunities. They have also committed to assist with sponsorships through their alumni network. AGSIM has agreed to expand campus services and to include their marketing staff and outside marketing consultant in the event. The recommendation was to transfer funds in the amount of $42,500, from General Fund Contingency Account Number 01-2450-7000 to Special Events Accounts Number 01-4244-7330 ($17,000), Number 01-4244-7520 ($6,500) and Number 01- 4244-7810 ($19,000) to fund The Glendale World Music Festival. 2. PUBLIC ART PROJECT - GLENDALE MUNICIPAL AIRPORT This was a request to enter into a professional services agreement with Phoenix artist, Mr. Michael Anderson to design, construct, and install artwork for the Glendale Municipal Airport. Mr. Anderson, a professional sculptor for 30 years, is being commissioned for a 20-foot corten steel sculpture. The sculpture will be installed in an existing planter at the front entrance of the Airport. It will be placed on poured concrete with a 6-foot diameter base, and will be lit by three spotlights; two lights will be located in front and one will be located behind the sculpture. At the March 2000 Arts Commission meeting, the West Area Water Reclamation site was considered for a public art project. Following the events of September 11, 2001 and the reduction of tours at the facility due to high security alert, it was unanimously decided to change the location to the Glendale Municipal Airport. The total cost of this project is $58,000. The artist will receive $53,000, with an additional $5,000 set aside for costs associated with signage, installation, and the dedication of the artwork. This item was presented to the Aviation Commission on April 3, 2002, and the Commission voted unanimously to accept the artwork by Mr. Anderson. The project will be funded by the Municipal Arts Fund, Account Number 70-9700-8800. The Municipal Arts Fund has a current balance of $860,841. 7 The recommendation was to approve the professional services agreement with Mr. Michael Anderson in the amount of $58,000, which includes $5,000 for contingency costs related to the project. CONSENT RESOLUTIONS 3. GRANT AWARD FOR FIRE PREVENTION EDUCATION PROGRAMS This was a request to accept a one-year fire prevention and education grant through the Federal Emergency Management Agency's Assistance to Firefighters Grant Program. The program provides funding directly to fire departments for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. This grant awarded to the City of Glendale will fund the expansion and delivery of fire safety education in the community. Grant funding covers the cost of a Fire Volunteer Coordinator to develop and deliver targeted public education to the City's most vulnerable citizens, youth, seniors, and the mobility impaired. Programs include the recruitment and training of ten volunteers to teach fire and injury prevention to senior citizens; the purchase of a mobile, interactive "Fire Safety House," to teach home fire safety; the expansion of Glendale's existing Youth Firesetter Intervention program, and the development and implementation of a multi-housing inspection program to be administered by the Fire Volunteer Coordinator. Neighboring communities will also benefit from the Fire Safety House and the Youth Firesetter Intervention programs. Grant funding in the amount of $92,015 has been awarded and matching funds in the amount of $39,435 are available through the Grant Administration Matching Fund. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the acceptance of the Federal Emergency Management Agency's Assistance to Firefighters Grant. Resolution No* 3616 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 SUBMISSION AND ACCEPTING THE GRANT OFFER FOR PREVENTION PROGRAMS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 4. LAW ENFORCEMENT BLOCK GRANT PROGRAM This was a request to accept a grant, in the amount of $198,271 from the U. S. Department of Justice for the Local Law Enforcement Block Grant Program to reduce crime and improve public safety. The U.S. Department of Justice has provided funding for this grant program for the past seven years. This grant requires a match of $22,030, 8 which will be provided using Police Department Racketeering Influenced Corrupt Organizations (RICO) funds. This will provide a total of $220,301. As required by the grant, an advisory panel of citizens comprised of representatives from the court system, the Prosecutor's Office, the school system, non- profit agencies, and the Glendale Police Department met to discuss the grant requirements and make recommendations regarding allocating the grant funds. The panel recommended that the total grant award of $220,301 be given to the Police Department to outfit and provide vehicles for the 15 new officers who have been requested through the Federal COPS Universal Grant. Public input by means of a City Council meeting is also required by the grantor to demonstrate community support for the projects. The recommendation was to waive reading beyond the title and adopt a resolution accepting a grant award from the U.S. Department of Justice for the Local Law Enforcement Block Grant Program to reduce crime and improve public safety. Resolution No. 3617 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 A GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM TO REDUCE CRIME AND IMPROVE PUBLIC SAFETY. 6. AUTHORIZATION OF THE ISSUANCE OF INDUSTRIAL DEVELOPMENT AUTHORITY BOND FINANCING _TO THUNDERBIRD THE AMERICAN GRADUATE SCHOOL OF INTERNATIONAL MANAGEMENT The Industrial Development Authority of the City of Glendale (the "Authority") was incorporated in 1982 as a vehicle through which revenue bonds can be issued to provide financing for qualified economic development projects. There are a number of projects that are eligible, but for the most part, IDA financing in Glendale is for manufacturing companies, higher education institutions, health care institutions, and nonprofit entities engaged in eligible activities. IDA financing is an economic development tool for the community as an incentive available to eligible activities. Thunderbird, The American Graduate School of International Management (the "School") has requested that the Authority issue an amount not to exceed $9,000,000 of Educational Facilities Revenue Bonds (the "Series 2002 Bonds"). On August 14, 2002, the Authority considered the application of, and granted preliminary approval for, the issuance of the Series 2002 Bonds. Subsequently, on September 11 , 2002, the Board of Directors of the Authority voted unanimously to approve issuance and sale of the Series 2002 Bonds. The Series 2002 Bonds will be issued under an Indenture of Trust dates as of September 1, 2002, between the Authority and Bank One Trust Company, N.A., as Trustee. The proceeds from the sale of the Series 2002 Bonds will be loaned by the 9 Authority to the school under terms of a Loan Agreement dated as of September 1, 2002, under which the school is obligated to use the proceeds of the loan to effect the refunding of portions of the Bonds issued in 1994 and 1996, and under which the School is obligated to make required loan repayments in amounts sufficient to pay the principal and interest on the Series 2002 Bonds. The obligation of the School under the Loan Agreement will be secured by a first deed of trust lien on certain real property owned by the School and by a pledge of the general revenues of the School. The Series 2002 Bonds will be privately placed with an Institutional Purchaser or Accredited Investor and will not be offered for sale to the public. Under applicable Arizona law, the proceedings of the Authority for the issuance of the Series 2002 Bonds requires the approval of the Glendale City Council as the governing body of the Authority; however the City of Glendale has no financial obligation or liability for the payment of the Bonds. The recommendation was to waive reading beyond the title and adopt the resolution authorizing the issuance of the Bonds for Thunderbird, The American Graduate School of International Management. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, agreed that the WorldPort event should be renamed as the World Music Festival. He stated that cultures are strongly represented by their music. He expressed appreciation for the Council's efforts to beautify City facilities through art and landscaping. He stated that the Fire Prevention Education Program does great things for the community and the Law Enforcement Block Grant Program is very important to the City's fight against drugs. He said the City of Glendale has one of the world's premier management colleges - Thunderbird, The American Graduate School of International Management - which attracts students from across the globe. Resolution No. 3619 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ISSUANCE AND SALE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE, ARIZONA, OF NOT TO EXCEED $9,000,000 OF ITS EDUCATIONAL FACILITIES REVENUE REFUNDING BONDS (THUNDERBIRD, THE AMERICAN GRADUATE SCHOOL OF INTERNATIONAL MANAGEMENT), SERIES 2002. It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 2, 3, 4 and 6, including the approval and adoption of Resolution No. 3616 New Series, Resolution No. 3617 New Series, and Resolution No. 3619 New Series. The motion carried unanimously. 10 5. SANDS MOTOR COMPANY DEVELOPMENT AGREEMENT Mr. Jim Colson, Economic Development Director, presented this request for approval to enter into a development agreement with Sands Motor Company. Sands Motor Company (Sands Chevrolet) has plans to redevelop its existing location at 53rd and Grand Avenues. It plans to demolish the majority of their current facilities on the 17.6-acre site and make improvements to its existing vehicle sales and service facility, at an estimated cost of more than $10 million. Sands Chevrolet has requested that the City enter into a development agreement that will provide a performance-based incentive in exchange for certain improvements. The incentive would be based on a sharing of net new revenues. The development agreement specifies that the City retains an annual base amount of $1 million of sales tax generated by Sands. In addition, Sands will be rebated 60% of any net new sales taxes generated, that exceeds the base amount, in years one through five; and will be rebated 50% of any net-new sales taxes generated, that exceeds the base amount, in years six through ten, or until a cap of $6.5 million is reached. The shared revenue would cover the costs of redevelopment and off-site improvements required due to the Arizona Department of Transportation realignment. This agreement would not include taxes collected for public safety or transit purposes. Sands would also construct off-site improvements to 53rd Avenue and also Grand Avenue. All improvements to Grand Avenue would be done in accordance with the City's Grand Avenue improvement plans. The projected cost of these off-site improvements is approximately $760,000. Sands would be eligible to be rebated for these actual costs as part of the development agreement. The agreement with Sands has several benefits to the City: • 10-Year Economic Benefit to City: $26.9 million. • Annual Sales Taxes to City will be approximately $3.7 million when the agreement concludes. • Grow from 258 jobs to 400 jobs, paying on average $18.00 to $22.75 per hour. • All incentives are performance based. The improvements would be made with no out-of-pocket costs to the City. • Most of the required improvements would include street reconstruction and beautification to 53rd Avenue, and improvements to the intersection of Maryland and 53rd Avenues. 11 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a development agreement with Sands Motor Company. Mayor Scruggs explained that someone running for public office had contacted her and 27 members of the press throughout the State about his concerns regarding this item. She asked, therefore, to have this item heard separately. Councilmember Clark stressed the importance of the auto industry to the City. Mr. Colson agreed with Councilmember Clark. He explained that car dealerships generate a tremendous amount of sales tax revenue. Councilmember Clark stated that the project will benefit the City of Glendale, as well as Sands Motor Company. Councilmember Lieberman noted that Sands Motor Company had the chance to move to the City of Peoria several years ago, but chose to stay in the City of Glendale. He said the performance-based measures mean that the rebate only starts after a fixed percent of the sales tax is paid. He noted that the deal is capped at $6.5 million, with 100% of the sales tax for any amount beyond that going to the City. Mr. George Renner, the applicant's representative, stated that their move was the direct result of the State's improvements to Grand Avenue. He pointed out that Sands Motor Company has been a corporate citizen of the City of Glendale and, as in the past, they have chosen once again to remain within the City. He said it was their intent to grow from being the sixth largest Chevrolet dealership in the country to the fourth or fifth. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he would strongly disagree with those who have complained about the project. He stated that Sands Motor Company has been a main contributor to several projects in the City and, during this time of economic uncertainty, has chosen to be loyal to the City. He expressed his opinion that the City of Glendale is fortunate to have Sands Motor Company and he asked the Council to support the request. Councilmember Martinez stated that the Economic Development Department staff works hard to attract new business to the City of Glendale. He said the practice of attracting new business to a city is very competitive. He stated that the City would probably do something similar if it was trying to attract a new business into the City. He noted that the City was not doing anything that has not been done in the past, especially with a company like the Sands Motor Company, that has been in Glendale for many years and has done much for the community. Councilmember Frate said he was somewhat dismayed by the e-mail that Mayor Scruggs received. He stated that the person who wrote the e-mail should have researched the issue before making comments to the press. He stated this is a win/win situation for everyone and, therefore, he would support the request. 12 Resolution No. 3618 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DEVELOPMENT AGREEMENT WITH SANDS MOTOR COMPANY, AN ARIZONA CORPORATION; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Goulet, and seconded by Frate, to pass, adopt and approve Resolution No. 3618 New Series. Councilmember Goulet agreed that the e-mail was disturbing, especially given that it was widely circulated. He said he has had numerous discussions with Mr. Renner and other members of Sands Motor Company. He pointed out it is more prudent for the City to keep and expand an existing business than to attract. new businesses to the community. He commended the Sands Motor Company on their willingness to meet with the neighborhoods. He noted that the neighborhood immediately adjacent to the property fully supports the project. Councilmember Lieberman pointed out that Sands Motor Company is only 200 to 300 units per year away from being the largest Chevrolet dealership in the world. He stated that he was proud to have the Sands Motor Company in the City of Glendale. Mayor Scruggs said, while the Economic Development Department staff deals with attracting new businesses to the community, it also works towards retaining existing businesses. She said money spent on incentives by cities and the state to attract new businesses causes resentment among existing businesses. She stated that they were dealing with an entity that has been able to withstand fluctuations in the economy for over 60 years. Upon a call for the question, the motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTION 7. REZONING APPLICATION Z-02-09: 8508 WEST GLENDALE AVENUE Mr. Jon Froke, Planning Director, presented this request by Scott Rhodes of Jennings, Strouss, and Salmon, P.L.C., representing Crosspoint Christian Church, to rezone 34.27 acres located at the northwest corner of Glendale and 85th Avenues. The request was to rezone from A-1 (Agriculture) to R1-10 (Single Residence). The owner intends to develop the site for a church. The proposed R1-10 zoning is consistent with the General Plan land use designation of 2.5-3.5 dwelling units per acre. R1-10 is an appropriate zoning district for this site. With the adjacent R1-7 and R1-10 (Single Residence) zoning districts to the north, east, and west, the character of the area is planned for suburban residence. The uses in the proposed district are compatible with the surrounding area. 13 On August 15, 2002, the Planning Commission recommended approval of Rezoning Application Z-02-09, subject to six stipulations. No one, except the applicant, spoke at the Planning Commission hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-02-09, subject to the six stipulations recommended by the Planning Commission. Mr. Scott Rhodes, an attorney with the law firm of Jennings, Strouss, and Salmon, P.L.C., the applicant's representative, stated that the applicant agreed with staff's recommendations. He explained that their ultimate goal was to build a church campus. He stated that there had been no public opposition to the project. Councilmember Frate asked Mr. Rhodes what the applicant would do with the property until the church was built. Mr. Rhodes explained that it is currently used for agricultural purposes. He stated that they were in the process of obtaining a Conditional Use Permit for the church. Mayor Scruggs opened the public hearing on Agenda Item No. 7. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Frate, to approve Rezoning Application Z-02-09, subject to the six stipulations recommended by the Planning Commission. The motion carried unanimously. LAND DEVELOPMENT ACTION 8. ZONING VARIANCE APPLICATION APPEAL ZV-02-06: 6742 NORTH 54TH DRIVE -- -- _--. Mr. Flaaen explained that this item is an appeal of a zoning variance request by Mr. Mel Smith, heard by the Glendale Board of Adjustment on June 13, 2002 and denied by a vote of 2 to 3. He stated that the City Council was acting in a quasi-judicial manner and, therefore, the Council must base its decision on the record as it was presented to the Board of Adjustment on June 13, 2002. He said the City Council is prohibited by statute from accepting new evidence into the record and it would be improper to conduct a public hearing on the item. He stated that the City Council is required to review the record and determine whether or not the Board of Adjustment acted in a manner that exceeded its authority or was arbitrary or capricious in reaching its decision. He reviewed the four findings upon which the Council must base its determination. In response to Vice Mayor Eggleston's question, Mr. Flaaen explained that the Council's options were to affirm the Board of Adjustment's denial; reverse the denial, thereby granting Mr. Smith the requested variance; or modify aspects of the request if deemed appropriate. 14 Mr. Jon Froke, Planning Director, presented this request by Mr. Mel Smith to appeal the Board of Adjustment's denial of Variance Application ZV-02-06. The variance was a request to allow five and ten foot side yard setbacks in the R-3 (Multiple Residence) zoning district, where a 20 foot perimeter setback is required. The requested variance is intended to allow the applicant to construct a single family home. On June 13, 2002, the Board of Adjustment conducted a noticed public hearing on Variance Application ZV-02-06. A motion to approve the request failed, with a vote of 2 to 3. The Board of Adjustment determined that the request did not meet all of the findings required by the Arizona State Statutes and the Glendale Zoning Ordinance. Board members who were not in support of the variance questioned finding 1 and finding 4. The required findings are as follows: • There are special circumstances or conditions applicable to the property, including its size, shape, topography, location, or surroundings which were not self-imposed by the owner; • Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same district; • The variance is the minimum necessary to alleviate the property hardship; and • Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the City in general. The recommendation was to review the record of the Board of Adjustment, consider the Appeal of Zoning Variance Application ZV-02-06, and, based on the prior evidence before the Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's decision. Councilmember Clark asked where, in the Board of Adjustment's minutes, it indicates which findings the applicant failed to meet. Mr. Froke said the Board of Adjustment felt the applicant's request did not meet Findings 1 and 4. Councilmember Clark said, in her opinion, it would not matter who owns the property because the restrictions run with the property itself. Mr. Froke stated that the property and surrounding properties are zoned R-3 and have been zoned as such for a long time. He said the ordinance development standards for R-3 changed significantly in 1993, when the Mayor and Council adopted a comprehensive update of the zoning ordinance. He said that was when the more restrictive building setbacks came into effect. 15 Councilmember Lieberman asked how often the Board of Adjustment meetings are attended by only five members, as was the case the night Mr. Smith's request was considered. Mr. Froke said there are normally seven members on the Board of Adjustment. He noted, however, that the Board of Adjustment was in a transition period and all seats on the Board were not filled at that time. Councilmember Lieberman asked if the applicant was given the option of withdrawing his request until it could be considered by a full Board. Mr. Froke said the applicant was advised prior to the hearing that seven members would not be present. Councilmember Clark asked if the applicant would have had time to request a continuance if he had been informed that day that only five members would be present. Mr. Froke said, while the timing would not have been ideal, they would have accepted a continuance request that evening. Councilmember Goulet asked about the parking issue and how it impacted the Board of Adjustment's decision. Mr. Froke referred to an aerial photo. He explained that the applicant's proposal was to load the carport and approach parking from the alley. Councilmember Martinez stated, for the record, that he had received a Request for Reconsideration, including a verbatim transcript of the Board of Adjustment meeting, from Mr. Smith. He said Mr. Smith indicated in his submittal that, had he known three of the five members present were set to retire and that it was their last meeting, he would have asked for a continuance. Councilmember Lieberman pointed out that Page 2 of the Planning Department's report listed four other lots that were granted variances. He asked if those lots were also 50 foot lots. Mr. Froke responded in the affirmative. Councilmember Lieberman asked if similar variances were granted to Habitat for Humanity. Mr. Froke stated that they had been granted. He explained that the four lots previously referenced were Habitat for Humanity lots. Councilmember Lieberman expressed his opinion that the Board of Adjustment's denial was arbitrary and capricious, given the number of similar variances previously granted in the immediate area. In response to Councilmember Martinez' question, Mr. Froke stated that the subdivision plat was recorded almost 100 years ago. He said he believed most of the lots in the subdivision are roughly 50 feet by 140 feet. Mr. Mel Smith, the applicant, said he believed staff agreed that Finding 1 had been met and should not have been a reason for denial. He stated that the verbatim transcript of the Board of Adjustment's meeting does not indicate Finding 4 as being the reason behind the Board of Adjustment's denial. He said, for this reason, his request should not have been denied. He asked if the packet he had submitted to the Council would be made part of the record. Mr. Flaaen responded in the affirmative. 16 Mr. Smith read the following statement: "The testimony and the staff report, as cited, illustrated that the development standards proposed by the applicant for the side yard setbacks was consistent with the area, with other cases approved by the City in the same area, with the development intensity that existed in the area and, indeed, with the City standards applicable for single-family homes. Approving a variance to permit the development of the property consistent with the number of dwelling units permitted by the existing zoning on the property and comparable to the setbacks on nearby property was not inconsistent with the area and was not within the Board's discretion to deny. The opposition raised before the Board related to whether the density would be detrimental, whether this development would contribute to crime, whether there might be drugs or overgrown weeds, or whether this would contribute to the high rate of rental occupied housing in the area. The Board improperly determined these concerns to be relevant. The density was a product of the R-3 zoning. The Board was not obligated to second guess the propriety of the existing R-3 zoning or authorized to deny the applicant the benefits of the intensity of use permitted in the R-3 district. Moreover, the Board was advised by City staff and the City Attorney that the Board could not effect the use or zoning of the property. The ordinance does not distinguish between owner- occupied and rental-occupied housing or regulate on that basis and there was no credible evidence that the housing would be sold for rental purposes rather than owner occupied. The issue was setbacks, not the social ills that the complaining neighbors attach to rentals. Moreover, the testimony from the opposition was that a certain percentage of the inhabited structures in the area are rental occupied. The existence of rental dwellings, even were it relevant, could not be the basis for finding of detriment on the basis of neighborhood compatibility where that is the predominant use in the area. The issue of crime, weeds, and drugs had no tangible connection to the setback issue before the Board and had insufficient force to justify denial. It is clear from the record that the opposition speaker's sought to use this opportunity to defeat the applicant's right to make use of the R-3 zoning in a misplaced attempt to obtain a lower density neighborhood with owner-occupied housing. The Board is legally obligated to focus on land use compatibility, not the broader array of social issues and neighborhood restructuring that the opposition speakers sought. It is absolutely clear that the Board did not endeavor to faithfully carry out its charge. The Board acted outside its discretion by weighing the testimony and determining that the variance, if granted, would have a detrimental impact on the surrounding area. The Council should recognize the sufficiency of the record and reverse the Board's decision." Mr. Smith asked for an opportunity to respond to previous comments. Mayor Scruggs explained that there is no opportunity for rebuttal and no new testimony can be offered. Mr. Smith made several negative comments regarding Councilmember Goulet. Mr. Flaaen asked Mr. Smith to contain his comments to the record and to refrain from making personal remarks. Mr. Smith concluded his response. He stated that he should not have had to seek an appeal because the Board of Adjustment had no reason to vote against his request in the first place. 17 Vice Mayor Eggleston said, after carefully considering the testimony and staff's analysis, he believed that all findings were met. He said almost every lot in the nine- block area is 50 feet by 140 feet wide and zoned R-3. He noted that a number of the properties already have mother-in-law homes. He stated that this was the reason why requests to change the zoning to R-1 had not been brought forward. He said, for this reason, people who purchase property in the area are forced to ask for relief from the 20 foot setback requirement. He expressed his opinion that the variance should be granted to Mr. Smith given the number of other variances already granted in the area. He said the home's design is a site review issue and should not be considered by the Council. Mr. Flaaen agreed with Vice Mayor Eggleston. It was moved by Eggleston, and seconded by Clark, to reverse, in whole, the Board of Adjustment's denial and grant Variance Application ZV-02-06. Councilmember Clark voiced her support of the motion. She stated that, based on the record, all four findings had been met. She pointed out that Finding 2 states the strict application of zoning requirements would deprive the property of privileges enjoyed by other properties in the same classification in the same district. She said denying the applicant's request for a variance would deny the property the same privileges that other properties in the district enjoy. Councilmember Martinez said he would also support the motion. He said the record shows that four other properties in the same area were recently approved for the same variance. Councilmember Goulet said no one was more surprised when Mr. Smith's application failed than he was. He referred to page 11 of the record, wherein Mr. Smith states "No one knows me". He pointed out that Mr. Smith referred to tonight's proceeding as "another battle". He asked Mr. Smith why a neighborhood has to be so fearful of an application that it gets to the point of opposing the project. He stated that he strongly supports infill housing. He noted that the City has a cooperative process to resolve issues and move forward in a positive manner rather than an adversarial one. He said Mr. Smith's project was not the same as a Habitat for Humanity project because Habitat for Humanity requires owner occupation for a period of time. He stated that the neighborhood feared what would happen if the variance was approved. He stated that the issue could have been resolved a long time ago, had Mr. Smith's presentation not created angst among those who have to live with the project. Mr. Smith attempted to address Councilmember Goulet's comments and was directed by Mr. Flaaen to remain silent. Councilmember Goulet cautioned the applicant against characterizing the process as a battle. He stated that this was not what he, nor the neighborhood, wanted. He stated that he had to support the neighborhood because they are the ones who have to live with the project. 18 An unidentified woman, who was accompanying Mr. Smith, attempted to address the Council. In response to the outbursts, Mayor Scruggs recessed the meeting. Mayor Scruggs called the meeting back to order. Upon a call for the question, the motion carried, with Goulet voting "nay". PUBLIC HEARING — LIQUOR LICENSES 9. LIQUOR LICENSE NO. 3-839 AJ'S NO. 117 This was a request for a person and location transfer of a series 6 (on- & off-sale retail, all liquor) license for AJ's No. 117, which is planned to be located at 20050 North 67th Avenue. There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in the area by one. AJ's was requesting a series 6 license for the availability of wine tasting on the premises. AJ's has a series 6 license at one of its Phoenix locations. 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 Maricopa 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. 10. LIQUOR LICENSE NO. 3-840 CIRCLE K NO. 2842 This was a request for a new series 10 (off-sale retail, beer & wine) license for Circle K No. 2842, which is located at 7536 West Glendale Avenue. Circle K presently has a series 9 (off-sale retail, all liquor) license at this location. The approval of this license will increase the total number of liquor licenses in this area by one until such time Circle K completes its proposed transfer of the series 9 license out of the City. 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 Maricopa 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. 19 Mayor Scruggs opened the public hearing on Agenda Item Numbers 9 and 10. As there were no comments, Mayor Scruggs closed the public hearing. Councilmember Clark stated that she did not take issue with the density with regard to the Circle K license application. She noted, however, that she was disturbed by the 78 calls for service during a one-year period. She urged the applicant to do what it can to make the premises more secure. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-839 for AJ's No. 117 and No. 3-840 for Circle K No. 2842 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. BOARDS AND COMMISSIONS 11. BOARDS AND COMMISSIONS Appointments are to be made to the following boards or commissions that have a vacancy or expired term. Effective Term Date Expires Community Development Advisory Committee Ramon, Darlene (CAP) Appointment 09/24/2002 09/23/2004 Guerrero, J.R. (CAP) Appointment 09/24/2002 09/23/2004 The recommendation was to make appointments to the Board or Commission. It was moved by Martinez, and seconded by Eggleston, to appoint Darlene Ramon and J.R. Guerrero to the Community Development Advisory Committee, for a term commencing September 24, 2002 and expiring September 23, 2004. 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. in Room B-3 of the City Council Chambers on Tuesday, October 1, 2002, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. 20 CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed his appreciation of the Council's efforts on behalf of the citizens of Glendale. He said the City of Glendale has a caring philosophy that seems to be absent in other communities. He stated that the City's "small town" atmosphere can help stave off some of the ills that effect society today. Ms. Debra Kist, a resident of the City of Glendale Barrel District, stated that she had attended last week's Planning Commission meeting and commended Kohl's on their extensive citizen participation and willingness to exceed City requirements. She referenced two newspaper articles regarding the Tourism and Sports Authority (TSA) and commented on them. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark stated that the Yucca District held a redistricting meeting last week. She noted that 24 people attended the meeting, even though their boundaries are not expected to change. She announced that the Fire Prevention Parade will be held on Saturday, October 5, 2002. She encouraged everyone to attend and show their support. She reported that Mr. Jason Schechterle will act as this year's Fire Parade Marshall. She stated that this year's parade will be very special. She pointed out that over 550 fire fighters lost their lives across the nation last year. She said this is one way the community can say thank you to its firefighters. Councilmember Goulet said it was gratifying to see Ms. Byrne receive her award. He commended the Fire Department on achieving its certification. He stated that it indicates the Fire Department's desire to do its best for the City. He announced that he would host a dinner on September 30th for the citizens group that worked on the Downtown Redevelopment Plan. He also encouraged residents to attend the Fire Prevention Parade. Councilmember Lieberman stated that he was proud the City has a Diversity Committee. He explained that diversity is about valuing differences and respecting individuals of various races, cultures, and beliefs. He said we should all take time to celebrate our uniqueness, while, at the same time, recognizing that we are united as one people. He stated his appreciation of diversity. He said it allows us to focus on the richness of the human experience and improves our quality of life, both at home and work. Vice Mayor Eggleston noted that Mr. Orrin Bradshaw, former Chair of the Community Development Advisory Committee, was honored last Saturday. He received the Hon Kachina award. He noted that the Wall Street Journal ranked Glendale's Thunderbird, The American School of International Management as number one in the nation among all management schools. 21 Councilmember Frate congratulated the Fire Department on its accreditation. He said the Council voted to continue the WorldPort Festival, changing the name to the Glendale World Musical Festival, and the date to the fourth weekend in March. He said the festival will be bigger and better than ever, given the increased support of Thunderbird, The American Graduate School of International Management. He said he and his wife had attended the Tribute to Marty Robbins (a famous Glendale-born musician) concert last weekend and found it to be very entertaining, Mayor Scruggs thanked the high school students in the audience for staying for the entire meeting. She said raising citizen awareness on a broad range of issues was one of her goals. She announced that her next community conversations event will be held on October 7, 2002. She said representatives from each of the three gaming propositions on November's ballot will be present. She urged those who are interested in attending to register online. ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 p.m. Pamela Oliveira - City Clerk 22