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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/10/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, APRIL 10, 2001, AT 7:00 P.M. The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston and the following Councilmembers present: Clark, Frate, Goulet, Lieberman, and Martinez. Also present were Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDLE CHARTER A statement was filed by the City Clerk that the two 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 MARCH 27 AND MARCH 30, 2001 It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on March 27, 2001 and the Special Council Meeting held on March 30, 2001, as each member of the Council had been provided copies in advance, and approve them as revised. The motion carried unanimously. PROCLAMATIONS AND AWARDS INTERNATIONAL BUILDING SAFETY WEEK: APRIL 8-14, 2001. April 8 to 14, 2001 is recognized as International Building Safety Week. The purpose of the week is to recognize the safety standards used in the buildings we occupy daily, which are essential to the health, safety, and welfare of the citizens of the world. In the City of Glendale, employees from the Building Safety Department will be on-site at the Home Depot located at 59t" Avenue and Beardsley Road on Tuesday night, April 3, 2001, from 4 to 7 p.m. Among the world's most fundamental laws are those which provide safety standards for the construction of buildings where people live, work, and play. In order for construction and building codes to be effective and enforced, understanding and cooperation must exist between code officials and the people they serve. For this reason, employees will be handing out brochures and answering questions to encourage citizens to participate in activities to help promote building safety. This interaction will help to create awareness regarding the importance of construction and building codes. 1 Mayor Scruggs proclaimed April 8 to 14, 2001 as International Building Safety Week in Glendale, Arizona and presented the proclamation to Ms. Deborah Mazoyer, Director of Building Safety for the City of Glendale. NATIONAL COMMUNITY DEVELOPMENT WEEK: APRIL 16-22, 2001 The Community Development Block Grant (CDBG) Program has operated since 1975 for the purpose of providing local governments with the resources to meet the needs of low and moderate income citizens. Over its 26 years of existence, the program has emphasized the importance of locally determined priorities and the critical need to develop strong relationships between local government, citizens, and non-profit agencies. During National Community Development Week 2001, recognition will be given to the thousands of participants and programs that demonstrate the quality and effectiveness of the Community Development Block Grant Program. In Arizona, National Community Development Week will be celebrated in Prescott, Arizona on Friday, April 20, 2001. The City of Glendale began receiving CDBG funds in 1977. Over the last 24 years, the City has received approximately $30,789,000 for the purpose of improving the physical and social conditions of Glendale residents. The Community Development Advisory Committee, a citizen committee appointed by the Mayor and City Council, work in concert with the Council to identify local needs to be funded. Some examples of CDBG-funded activities include: • The installation of street lights, sidewalks, and handicapped accessible curb cuts; • Improvements to the Glendale Boys and Girls Club, the Glendale Family Development Center, the Glendale Community Center, the YWCA Valley West Center, the Westside Food Bank, and the Community Housing complexes; • Construction of new affordable housing for the elderly; • Numerous social service programs for the elderly, youth, disabled, and victims of domestic violence; • Programs to prevent homelessness; • Assistance to first-time homebuyers; • Construction of new affordable housing in some of Glendale's oldest neighborhoods; and • Housing rehabilitation for thousands of Glendale homeowners. 2 The housing rehabilitation programs benefit the community by providing homeowners with resources to maintain their homes which, in turn, contributes to the stability of the neighborhoods. The Neighborhood Revitalization Office of the City of Glendale locally administers these programs, which include a Roof Repair/Replacement program, and a Single-Family Housing Rehabilitation program. Community Development Block Grant funds are used to fund these programs and the staff associated with the program. The administration of the CDBG program is also supported with federal funds. These programs have been in operation since 1977 and have benefited thousands of Glendale residents. In recognition of the tremendous contributions of the CDBG program on a national and local level, the City was requested to declare the week of April 16 to 22, 2001 as "Nation& Community Development Week 2001". Staff requested that the Council recognize the accomplishments of the CDBG program through a proclamation supporting the observation of "National Community Development Week". Mayor Scruggs proclaimed April 16 to 22, 2001 as National Community Development Week in Glendale, Arizona and presented the proclamation to Mr. Orrin Bradshaw, the Chairman for the Community Development Advisory Committee. NATIONAL VOLUNTEER WEEK: APRIL 22-28, 2001 Every day in the City of Glendale, volunteers show they care and can make a difference in the community. Their efforts have a positive impact in our neighborhoods, community, and the City. Many volunteers invest their time, energy and valuable skills in developing innovative approaches to address many of the concerns and needs of our community. Through their efforts, volunteers are a tremendous resource that provide the City with needed services and contribute to improve the quality of life in Glendale. Volunteerism benefits individuals by providing the opportunity to learn new skills and gain positive experiences. Volunteerism also provides the opportunity to satisfy personal needs for recognition, success, and being productive. In appreciation of the City of Glendale's many volunteers, a proclamation was brought forward to recognize the work of these special individuals through the observation of National Volunteer Week. Mayor Scruggs presented a proclamation recognizing April 22 to 28, 2001 as National Volunteer Week in Glendale, Arizona to Ms. Mary Ann Lavine, Executive Director, Glendale Human Services Council, Inc.; Ms. Sharon Ibarra, Coordinator of Volunteer Services for the City of Glendale; and Ms., Shandran Thornburgh, Community Volunteer Project Coordinator for the City of Glendale. 3 CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 3 by number and title. 1. AWARD OF BID 01-03, ANNUAL REQUIREMENTS FOR SAND, ROCK AGGREGATE BASE COURSE, AND SLURRY SEAL Six bids were received to supply the Streets and Utilities Department with various paving materials used in the repair and maintenance of City streets. The materials will be provided on an "as needed" basis beginning May 1, 2001 and continue for one year. The bid specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. Funding is available in the Streets and Utilities Maintenance Operating Budgets, Account Number 12-6232-7520 and Account Number 50-6442-7630. The lowest responsive bids for ABC, select material, and slurry seal were submitted by Joe Conway Trucking Inc. The lowest responsive bids for concrete sand and crushed rock were submitted by West Valley Sand & Gravel. The recommendation was to award the contract for ABC, select sand, and slurry seal to Joe Conway Trucking Inc. in the amount $287,504, taxes included; and award the contract for concrete sand and crushed rock to West Valley Sand & Gravel in the $63,343.89, taxes included. CONSENT RESOLUTIONS 2. DEVELOPMENT AGREEMENT - EVERGREEN-GLENDALE WEST LIMITED PARTNERSHIP, WALGREENS AT 83" AND GLENDALE AVENUES The developer of the property located at the southwest corner of 83rd and Glendale Avenues, Evergreen-Glendale West Limited Partnership, is currently constructing a Walgreen's Drug Store. In order to meet the City requirements for this corner, certain improvements are required, which are not totally attributed to this project. As a result, the developer has agreed to construct some non-project related improvements and will be reimbursed by the City. Improvements included in this agreement are a bus bay along 83rd Avenue, median improvements in Glendale Avenue, and the relocation of Salt River Project irrigation facilities. The total cost of the City's share of these improvements is $45,000. This amount will be paid by the City to the developer upon completion and acceptance of these improvements. Funds are available in Development Agreements, Major Arterials Account Number 14-8992-8300. 4 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a development agreement with Evergreen-West Limited Partnership, in the amount of $45,000, and directing that the agreement be recorded. Resolution No. 3460 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 EVERGREEN-GLENDALE WEST, LIMITED PARTNERSHIP; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. 3. AUTHORIZATION OF THE ISSUANCE OF INDUSTRIAL DEVELOPMENT AUTHORITY BOND FINANCING FOR MIDWESTERN UNIVERSITY The Industrial Development Authority of the City of Glendale ("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, financing in Glendale is for manufacturing companies, higher education institutions, health care institutions, and non-profit entities engaged in eligible activities. Industrial Development Authority financing is an economic development tool for the community as an incentive available to eligible activities. On March 20, 2000, the Authority considered the application of and granted preliminary approval for the issuance of an amount not to exceed $35,000,000 of the Authority's bonds (the "Bonds") for the purpose of assisting Midwestern University in financing the construction, installation, and equipping of certain educational and student housing facilities at the Midwestern University Campus located at 19555 North 59th Avenue in the City of Glendale (the "Project"). Midwestern University is an Illinois non-profit corporation, determined by the Internal Revenue Service to be an entity whose income is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. The University has its principal osteopathic medical school in Downers Grove, Illinois. In 1995, the University acquired a large parcel of land in the City of Glendale and, over the past five plus years, has constructed and placed into operation a medical school located on such property. In 1996, the Glendale IDA issued $16,450,000 of its bonds to finance the first phases of Midwestern's Glendale campus. In 1998, the Glendale IDA issued $33,490,000 of its bonds to advance refund $13,664,399 of the bonds issued in 1996, with the balance of the new bond proceeds being used to finance major expansions to the Midwestern Glendale Campus. The Series 2001A and Series 2001B Bonds will be issued on the credit of Midwestern University and other related entities that, together, are members of an Obligated Group under a Master Indenture created by Midwestern University. The 5 Series 2001A and Series 2001B Bonds will be on parity with each other and with other bond indebtedness issued for the benefit of Midwestern University. The repayment obligations of Midwestern University are not secured by the real or personal property of Midwestern University. Midwestern University anticipates that the bonds will be rated by Standard & Poor's Credits Market Services as "BBB+", which is an investment grade rating. The proceedings under which the Series 2001A Bonds will be issued will provide for a Debt Service Reserve Fund to be created and held in an amount sufficient to cover one year's debt service on the Series 2001A Bonds. Notice of the intention of the Glendale IDA to issue the Series 2001A Bonds has been given to the Arizona Attorney General as required by law. Since Midwestern University is a nonprofit 501(c)(3) institution, Midwestern University is exempt from the requirement that allocation of state volume for tax-exempt financing be obtained from the Arizona Department of Commerce. The Series 2001A Bonds will be issued under and pursuant to the terms of a Bond Indenture to be dated as of May 1, 2001, whereunder Bank One Arizona, NA will serve as bond trustee. The proceeds derived from the issuance and sale of the Series 2001A Bonds will be loaned by the Glendale IDA to Midwestern University under and pursuant to the terms of a loan agreement to be dated as of May 1, 2001. Under the terms of the loan agreement, Midwestern University will be unconditionally obligated to make periodic payments of principal, premium if any, and interest on the Series 2001A Bonds as such becomes due and payable. The Series 2001A Bonds will be sold by the Glendale IDA to Salomon Smith Barney, Inc. and Dain Rauscher Incorporated (the "Underwriters") under the terms of a Bond Purchase Agreement to be entered into among the Glendale IDA, the Underwriters, and Midwestern University. The Series 2001A Bonds will be offered for sale to the public by the Underwriters and an Official Statement is being prepared and will be used in connection with the offering of the Series 2001 Bonds. The proceedings for the issuance of the Bonds require approval of the Mayor and Council of the City of Glendale; 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 a resolution authorizing the issuance of the Bonds for Midwestern University. Resolution No. 3461 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 BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE, ARIZONA OF ITS REVENUE BONDS, MIDWESTERN UNIVERSITY, SERIES 2001A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000. 6 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said the agreement with Walgreen's appears to be a good deal, but he would like to know how well the City will come out after reimbursing Walgreen's. He said he was glad that the City was issuing the $35 million in bonds to Midwestern University. He stated that Midwestern University has done great things for the City of Glendale. It was moved by Eggleston, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 3, including the approval and adoption of Resolution No. 3460 New Series and Resolution No. 3461 New Series. The motion carried unanimously. BIDS AND CONTRACTS 4. PROFESSIONAL SERVICES AGREEMENT - 83RD AVENUE BRIDGE AT NEW RIVER Mr. Larry Broyles, Assistant City Engineer, presented this request for City Council approval of a professional services agreement with the firm of Premier Engineering Corporation in the amount of $438,000. Their services will include the fast track design of a bridge, roadway, river channelization, and appurtenances on 83rd Avenue at New River. The purpose of this design is to construct a bridge on 83rd Avenue to replace the existing dip crossing of the river bottom. Over the past several months, heavy rainfall has caused flow in New River that has required the closure of 83rd Avenue, between Union Hills Drive and Bell Road. The closure creates traffic problems on Union Hills Drive, making long delays for motorists attempting to reach the Loop 101 freeway or the Arrowhead Town Center. The road closure and traffic problems also increase delays for emergency access. Because of the need to have the bridge under construction prior to the next rainy reason, rapid selection of a qualified consultant was required. Premier Engineering Corporation was selected because it has knowledge and experience on other bridge projects being designed for Maricopa County Highway Department on Deer Valley Road at New River. The design team recently completed the New River Master Plan for the Flood Control District of Maricopa County and is working on obtaining the required Corps of Engineers permits for working within New River. Funds for this project are being made available in the Fiscal Year 2001-2002 budget, in 83rd Avenue and Union Hills Street/Bridge Improvements Account Number 14-8040-8300. The recommendation was to approve the professional services agreement with Premier Engineering Corporation in the amount of $438,000. 7 Councilmember Lieberman asked what the total cost of the bridge will be. Mr. Broyles said the total cost of the bridge is currently estimated to be just over $5 million, including the $438,000 requested. Vice Mayor Eggleston asked if traffic on 83rd Avenue would be detoured around construction or if 83� Avenue would be closed to traffic. Mr. Broyles said they had proposed closing 83rd Avenue during construction, with traffic being diverted along Union Hills Drive. He explained that closing 83`d Avenue would shorten the construction period by two to three months and would lessen permit requirements. Mr. Leonard Clark. a resident of the City of Glendale Barrel District~ said, although closing 83rd Avenue would be an inconvenience for citizens, it would be the best thing to do in the long run. It was moved by Martinez, and seconded by Frate, to approve the professional services agreement with Premier Engineering Corporation in the amount of $438,000. Councilmember Martinez said, although it was unfortunate that the City was not able to partner with the City of Peoria on this project, other opportunities to do so will arise in the future. Upon a call for the question, the motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 5. LIQUOR LICENSE NO. 3-750 — URUAPAN CARNICERIA This was a request for a new series 10 (off-sale retail, beer & wine) license for Uruapan Carniceria, which is located at 5821 North 67th Avenue, Suite 112. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in the area by one. 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 Health Department, and the Police 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. Mr. Drake confirmed for Councilmember Clark that the liquor license meets all technical requirements. Councilmember Clark asked how many liquor licenses there were in a one-mile radius of the subject location. Mr. Drake stated that there are a total of 21 liquor licenses, four of which are for restaurants. 8 Councilmember Goulet asked if any neighbors in the area had commented on the request. Mr. Drake said no protests were filed. Mayor Scruggs opened the public hearing on Agenda Item No. 5. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he was initially concerned, but feels it would be unfair to deny this applicant a license considering the number of licenses already issued in the area. He said something needs to be done at the state level about the current system for licensing liquor applicants. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Frate, to forward Liquor License Application No. 3-750 for Uruapan Carniceria to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Councilmember Clark stated that, at the last State Liquor Board meeting she had attended, it was recommended that Council speak to the Liquor Board's guidelines as to why they support or deny a license. She asked the Council to support denial of the license, based on two specific grounds offered by the State of Arizona Department of Liquor Licenses and Control: (1) one more retail liquor establishment would serve no need or convenience to the surrounding neighborhoods; and (2) a proliferation of retail liquor establishments in a neighborhood can characterize the neighborhood. Councilmember Martinez expressed his opinion that, because other establishments in the area had been granted licenses, it would be unfair to this applicant not to grant the request. He suggested that, in the future, the Council determine at what point no additional liquor licenses should be granted for a particular area. Mayor Scruggs said, since the Council would not hesitate to support a license for a large supermarket at the same location, they should also support one for a small market. Councilmember Clark said she had observed many convenience stores in her district and liquor quickly becomes the predominant product offered. She questioned how many convenience stores were necessary to satisfy the need in a given area. Upon a call for the question, the motion carried, with Clark and Lieberman voting "nay". 9 6. LIQUOR LICENSE NO. 3-752 — 7-ELEVEN NO. 16242H This was a request for a new series 10 (off-sale retail, beer & wine) license for 7- Eleven No. 16242H, which is located at 15232 North 59th Avenue. The previous owner operated this business as 7-Eleven and held a series 10 (off-sale retail, beer & wine) license at this location. A new license is required because a series 10 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. An application for a series 10 license to replace an existing series 9 (off-sale retail, all liquor) license for 7- Eleven No.16242H went before the City Council in September of 2000. At that time, the City Council recommendation was denial, based on information that this location was within 300 feet of a church, the Tell Interfaith Chapel, located at the American Graduate School of International Management. In December of 2000, the State Liquor Board determined that Tell Interfaith Chapel was not a church and granted the issuance of the series 10 license. No protests were filed during the 20-day posting period. The Planning Department, the Police Department and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 6. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he supported the licensee and saw it as a matter of fairness. He reiterated the need to lobby State legislators to restrict the number of liquor licenses in the area. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Frate, to forward Liquor License Application No. 3-752 for 7-Eleven No. 16242H to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 10 PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSE 7. WINE FESTIVAL LICENSE FOR KOKOPELLI WINERY - APRIL 20-22, 2001 This was a request for a wine festival license for Kokopelli Winery. The event is the Glendale Jazz Festival, which will be located in downtown Glendale, between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive. This event is sponsored by the City of Glendale. No liquor will be sold in Murphy Park. The event will be held from 4:00 p.m. to 10:00 p.m. on Friday, April 20, 2001, from 10:00 a.m. to 10:00 p.m. on Saturday, April 21, 2001, and from 10:00 a.m. to 10:00 p.m. on Sunday, April 22, 2001. If this license is approved, the total days expended by this applicant will be 6 of the allowed 75 days this calendar year. Pursuant to Arizona Revised Statutes, Section 4-203.03, the State of Arizona Department of Liquor Licenses and Control may issue a wine festival license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 7. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated his support for approval of the license. He noted that he was happy liquor would not be sold in Murphy Park. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward the Special Event Liquor License Application for Kokopelli Winery for a wine festival license for the Glendale Jazz Festival, to be held in downtown Glendale, between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive, on April 20, 21 and 22, 2001, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold a City Council Budget Workshops at 8:00 a.m. on Tuesday, April 17, 2001 and Tuesday, April 24, 2001, in Room B-3 of the City Council Chambers to be followed by an Executive Session pursuant to A.R.S. 38-431.03; and to hold a City Council Regular Workshop at 1:30 p.m. on Tuesday, April 17, 2001, in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant.to A.R.S. 38-431.03; and to hold a Special City Council Meeting at 8:30 a.m. on Wednesday, April 11, 2001, in the City Council Chambers, to be followed by an 11 Executive Session, pursuant to A.R.S. 38-431.03; and to enter into an Executive Session following the Tuesday April 10, 2001 council meeting for the purpose of receiving legal advice regarding negotiations of a memorandum of agreement for redevelopment, pursuant to A.R.S. 38-431.03 . The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel Districts stated that he saw three bicycle officers on patrol in the middle of today's storm and he believed it spoke well of community policing. He expressed his excitement about the Coyotes' move to Glendale. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark stated that a Yucca District meeting would be held on Wednesday, April 11th at 7:00 p.m. at Challenger Junior High School. She said they had been discussing the City Center Master Plan and Transportation Master Plan, both of which will be updated at the April 11th meeting. She stated that she would also be offering an update on issues specific to the Yucca District. Councilmember Lieberman stated that a Cactus District meeting would be held at Barcelona School at 7:00p.m. on Monday, April 16th 20th. Vice Mayor Eggleston noted that the Glendale Jazz & Blues Festival begins April Councilmember Martinez reported that a meeting to discuss the multi-generation center was scheduled for 6:30 p.m. on April 11th in the Ocotillo Building at Mid Western University. Councilmember Frate said he had attended a "Party in the Park" at Country Gables Park. He explained that the neighborhood celebrated improvements made to the park through the grant from the Neighborhood Partnership Program. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m. Pamela-0 liveira - City Clerk 12