Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/13/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, NOVEMBER 13, 2001, 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 Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk. Mayor Scruggs welcomed Daryl Gardner, Assistant Scout Master, and boy scouts Bo Gardner and Jeremy Wahl of Scout Troop 667 sponsored by the Church of Jesus Christ of Later Day Saints. Mayor Scruggs also welcomed the following Assistant Scout Masters: Rita Patton, Fran Russo, Phyllis Gay, and Burt Sass; and the following boy scouts from Osborn Middle School Scout Troop 127: Nick Pohoroly, Nick Patton, Paul Russo, Mario Morales, and David Haldiman. She welcomed John Haldiman, David Haldiman's father. 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 OCTOBER 29 AND OCTOBER 30,2001 COUNCIL MEETINGS It was moved by Goulet, and seconded by Frate to dispense with the reading of the minutes of the regular Council meetings held on October 29 and October 30, 2001, as each member of the Council had been provided copies in advance, and approve them as revised. The motion carried unanimously. Mayor Scruggs commented on Proposition Number 402 providing for the adoption of a comprehensive transportation plan which was approved at the Special Transit Election held last Tuesday, November 6, 2001. PROCLAMATIONS AND AWARDS CLEAN AIR CAMPAIGN AWARD The Clean Air Campaign honored Valley businesses and organizations during the 2001 Awards Luncheon held on Tuesday, October 23, 2001 at the Arizona Biltmore 1 Hotel. Mr. James A. Book, the City's Transportation Director, was the recipient of the Leadership Award in the Public Category for his professional and personal commitment to trip reduction and cleaner air in the Valley. Master of Ceremonies, Channel 12 Chief Meteorologist, Mr. Sean McLaughlin, recognized the 23 award winners before a crowd of over 300 attendees. Of the 23 awards, only three were highlighted in the official Clean Air Campaign's press release: City of Mesa, City of Glendale, and the Arizona Diamondbacks. The Clean Air Campaign is sponsored by the Arizona Department of Environmental Quality and Transportation, the Maricopa Association of Governments, Maricopa County, the Greater Phoenix Chamber of Commerce, and the Regional Public Transportation Authority. Mr. James A. Book, the City's Transportation Director, was recognized as the recipient of the 2001 Clean Air Campaign Leadership Award in the Public Category on behalf of the City of Glendale. Ms. Betsy Turner of Valley Metro, Chair of the Glendale Bicycle Committee, and Employee Services & Training Coordinator for the Regional Public Transportation Authority (RPTA), presented Mr. Book with the award. AAA ARIZONA STATE SILVER AWARD FOR TRAFFIC SAFETY The American Auto Association (AAA) is committed to participating in community-based efforts nationwide to make roads safer for all motorists. In order to acknowledge and encourage outstanding efforts on national and state levels, AAA initiated a program recognizing distinctive action. To that end, AAA Arizona presents annual awards for exceptional contributions to traffic safety. This year, the City of Glendale was selected to receive their prestigious Silver Award for Community Safety. AAA Arizona is honoring Glendale at a state level for having one of the best education programs in the United States to reduce traffic- related injuries and deaths. Mayor Scruggs asked Mr. Paul Roach, AAA Arizona Northwest Valley Manager; Ms. Laura Rightenburg, AAA Arizona Public Relations Manager; and Ms. Dana McGuinness, AAA Arizona Public Relations Coordinator to come forward. Mr. Roach recognized Mr. James A. Book, the City's Transportation Director, and Ms. Jeannie McKenzie LaVelle, the City's Traffic Education Program Manager, as the recipients of the AAA Arizona State Silver Award for Community Traffic Safety. He presented the award to Mr. Book and Ms. McKenzie LaVelle. Mr. Book thanked the Mayor and Council for giving the Transportation Department the tools it needed to be successful. He acknowledged the Police and Fire Departments, the Court System, the City Attorney, the Marketing and Engineering Departments and others who made major contributions to the program. He stated that it was truly a citv-wide nffnrt OPERATION LIFESAVER REGION 7 GOLD AWARD — ARIZONA 2001 Operation Lifesaver is a national, non-profit safety organization dedicated to continuous public information and education programs to help prevent and reduce crashes, injuries, and fatalities and to improve driver performance at the nation's 300,000 public and private highway-rail grade crossings. The nation's railroads, related federal, state, and local governments, business, railroad suppliers, labor, civic and community leaders, law enforcement, and other concerned safety professionals are all part of the state programs. Thousands of people are seriously injured and hundreds are killed in nearly 6,000 highway-rail grade crossing crashes each year. Highway-rail grade crossings present a unique traffic environment for motorists because many drivers do not cross railroad tracks often enough to be familiar with the warning devices designed for their safety. Motorists are often unaware that trains cannot stop as quickly as motor vehicles to avoid collisions. Others simply ignore all warning signs because they are "in a hurry" and would rather play "beat the train" than wait. Driver ignorance and impatience are the most common factors contributing to motor vehicle/train collisions at highway-rail grade crossings. • More people die in highway-rail grade crossing crashes in the United States each year than in all commercial and general aviation crashes combined. • A motorist is 40 times more likely to die in a crash involving a train than in a collision involving another motor vehicle. • Trains cannot stop quickly. The average freight train takes 18 football fields (about a mile) to stop. Ms. Jeannie McKenzie LaVelle, with the help of Mr. Nathan Goforth, a Glendale Police Officer, and Mr. David Agee, Arizona's Manager of Grade Crossing Safety, created an innovative approach to railroad safety education. This railroad safety segment was included in the 2000 SLOW DOWN FRIDAY ©Traffic Safety Curriculum. The SLOW DOWN FRIDAY© program was presented to over 4,000 Glendale third graders in over 35 elementary schools. Mayor Scruggs recognized Ms. Jeannie McKenzie LaVelle, Traffic Safety Education Program Manager, and Mr. Nathan Goforth, a Glendale Police Officer, as the recipients of the 2001 Region 7 Gold Award, on behalf of the City of Glendale, for their enthusiasm and devotion to railroad safety education. She presented the award to Ms. McKenzie LaVelle and Mr. Goforth. Ms. McKenzie LaVelle stated that it had been a pleasure to work with the others involved in the program and they could not have been successful without the support of the Mayor and Council. She encouraged everyone to watch out for themselves and others to keep everyone safer. 3 CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Agenda Item Numbers 1 and 2 by number and title. 1. AWARD OF COOPERATIVE PURCHASE OF PAVING MATERIALS The City of Glendale Streets Division uses paving materials throughout the City on an "as needed" basis for the repair and maintenance of asphalt streets. The City of Phoenix recently awarded Invitation for Bid # 02-032, Hot and Cold Paving Materials. The cooperative contract between the City of Glendale and the City of Phoenix for the purchase of paving materials will benefit both cities through larger pricing discounts due to increased product quantities. The bid specifications permit a multiple award to a primary and secondary supplier. The secondary supplier will be contacted only if the primary supplier is unable to provide an item within the required time frame. The successful primary and secondary bidders and the City of Phoenix have extended permission to the City of Glendale to purchase hot and cold paving materials on an "as needed" basis at the same price, terms, and conditions as offered to the City of Phoenix. The initial term of the contract became effective November 1, 2001 and ends October 31, 2004. The bid specifications contain an option clause that permits the City, at the discretion of the City Manager, to extend the agreement an additional two years, in one-year increments. Funding is available in the Highway User Gas Tax Fund, Street Maintenance Account Number 12-6232-7520. The recommendation was to approve the cooperative contract for hot and cold paving materials on an "as needed" basis to Vulcan Materials and Mesa Materials as the primary and secondary suppliers in an amount not to exceed $230,000 per year, taxes included. 2. AWARD OF BID 01-34, GRAFFITI REMOVAL PAINT Eight bids were received to supply Facility Maintenance with water-based flat and semi-gloss latex paint to be used in the removal of graffiti. The paint will be provided on an "as needed" basis, beginning upon approval by the City Council and continuing 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. The lowest responsive bid was submitted by ICI Delux Paint. Funding is available in the Facility Management operating budget, Account Number 01-6251-7520. The recommendation was to award the contract for graffiti removal paint to ICI Delux Paint in the amount not to exceed $88,376.40, taxes included. 4 CONSENT RESOLUTIONS 3. CANVASS OF VOTES AND RESOLUTION ADOPTING THE RESULTS OF THE NOVEMBER 6, 2001 SPECIAL TRANSPORTATION ELECTION On Tuesday, November 6, 2001, the City of Glendale conducted a Special Transportation Election. The canvass of votes contains the final results of the election. The purpose of the "canvassing" of the votes is to permit the members of the Council to review and approve the election results. These results, which include all polling place returns, early ballots, and the ballots to be verified, constitute the official canvass when approved by the City Council and certified by the City Clerk. The recommendation was to waive reading beyond the title and adopt a resolution accepting the canvass of votes of the Special Transportation Election held in the City of Glendale on November 6, 2001. Resolution No. 3514 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE SPECIAL TRANSIT ELECTION HELD ON NOVEMBER 6, 2001; AND ORDERING THAT A CERTIFIED COPY OF THIS RESOLUTION BE RECORDED. 4. CALL OF MARCH 12, 2002 PRIMARY ELECTION AND MAY 21_2002 GENERAL ELECTION The League of Arizona Cities and Towns recommends that the election be called no later than one hundred and twenty days before the date of holding the regular non- partisan primary election in the City of Glendale. The call of election must include the purpose of the election, date of holding the election, the last date and place for filing nomination papers, and the last date for voters to register. The primary election will be held on March 12, 2002 and the general election will be held on May 21, 2002. The recommendation was to waive reading beyond the title and adopt a resolution calling for the 2002 municipal elections as required by State law. Resolution No. 3515 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DESIGNATING THE ELECTION DATES AND PURPOSE OF ELECTIONS (PRIMARY ELECTION: MARCH 12, 2002; GENERAL ELECTION: MAY 21, 2002); DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATING PAPERS; AND DESIGNATION OF POLLING PLACES. 5 It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4, including the approval and adoption of Resolution No. 3414 New Series and Resolution No. 3415 New Series. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 5. LIQUOR LICENSE NO. 3-793 — SAKANA SUSHI AND GRILL This was a request for a new series 12 (restaurant) license for Sakana Sushi and Grill, which is located at 20250 North 59th Avenue, Suite A101 . There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in this 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 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. 5. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Application No. 3-793 for Sakana Sushi and Grill to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCE - PUBLIC HEARING 6. THE 2001 AMENDMENTS TO THE CITY TAX CODE OF THE CITY OF GLENDALE (ORDINANCE) Mr. Art Lynch, Finance Director, presented this item. On April 1, 1987, the Glendale City Council approved the adoption of the Model City Tax Code. This code gives the City of Glendale the ability to maintain its sales tax base, while providing more uniformity in the application and administration of local transaction privilege (sales) tax. This uniformity provides an additional element of fairness to the taxpayer since consistent language would be used regardless of where the business is located in the State. The Glendale City Council has approved amendments to the Model City Tax Code ten previous times since its original adoption. 6 The proposed 2001 amendments to the Tax Code are the result of several months of negotiation with the business community and every city and town using the Model City Tax Code. The amendments include: • Codifying the current practice of not taxing post-construction pest control and termite treatments. • Clarification of the language of the Model City Tax Code regarding the taxation of residential care facilities. • Amendment to mirror the State Code on the exemption related to the sales of alternative fuel vehicles. • Placing into the Model City Tax Code the state preemption of taxation of Internet access charges. • Codifying the portions of (Senate Bill) SB 1513 regarding standard interpretations and adopting language that clarifies the prospective application of any new interpretation of the law. It is anticipated that codifying the exemptions will not impose any negative revenue impacts to the City. The proposed changes to the Tax Code were approved by the Municipal Tax Code Commission in December of 2000, April of 2001 , and June of 2001. In order to maintain the consistency and uniformity in reporting requirements, the League of Arizona Cities and Towns has requested adoption of the amendments by all Arizona cities and towns. State Statue requires a public hearing when modifying the Model City Tax Code. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance modifying the Glendale Model City Tax Code. Mayor Scruggs opened the public hearing on Agenda Item No. 5. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No.2226 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; ADOPTING THE "2001 AMENDMENTS TO THE TAX CODE OF THE CITY OF GLENDALE" BY REFERENCE; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES FOR VIOLATIONS. 7 It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2226 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. ORDINANCE 7. CITY CODE MODIFICATION — SEWER USER CHARGE FORMULA Mr. Charlie McClendon, Management and Budget Director, presented this item. As a result of the comprehensive water and sewer rate study conducted from August of 2000 through May of 2001, the sewer user charge schedule was modified, based on the findings of the Black & Veatch study. In the recommendations presented in Council Workshop on June 6, 2001, the City Council was advised that, in order to recover the costs of service proportionately from each user class, the rate structure should provide for uniform service charges for all users and that the rates be based on strength parameters of Suspended Solids (SS) and Biochemical Oxygen Demand (BOD). These parameters are a national standard used by municipalities across the country and in use by most Valley cities. The rates are considered to be in compliance with EPA (Environmental Protection Agency) rules and regulations for user charges under the Federal Clean Water Act, as amended, and ADEQ (Arizona Department of Environmental Quality) requirements. After a thorough review of the study and recommendations, adopting the required notice of intent and conducting public hearing as required by State law, the City Council approved the sewer user charge schedule on September 25, 2001 . An amendment to Glendale City Code Chapter 33, Article Ill, Division 5, Sec. 33- 173(a) is required to ensure consistency within the rate structure and the rate calculation formula prescribed by the Code. The modification incorporates the user charges and strength parameters as recommended by Black & Veatch. The recommendation was to waive reading beyond title and adopt an ordinance amending the sewer user charge formula in City Code Chapter 33, Article III, Division 5, Sec. 33-173(a). Ordinance No. 2227 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 33, ARTICLE III, DIVISION 5 SETTING FORTH THE SEWER USER CHARGE FORMULA. In response to Council concerns, Mr. Flaaen explained that this item does not require a public hearing. 8 • It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2227 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. NEW BUSINESS ,. PUBLIC HEARING 8. PUBLIC HEARING - PROPOSED ANNEXATION AT THE SOUTHWEST CORNER OF NORTHERN AND 87TH AVENUES Ms. Kris Luna, Property Manager, presented this item. This proposed annexation includes approximately 60 acres of vacant land located on the south side of Northern Avenue at the 87th Avenue alignment. This property is part of a proposed 300-acre master planned community, most of which is currently located within the current City limits. The blank annexation petition was recorded on October 16, 2001. Recording the petition begins a mandatory thirty-day waiting period before gathering signatures. State Statute requires that a public hearing be held within that thirty-day waiting period. Recording the blank petition was the first formal step in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified of the hearing by first class mail. The property has been posted in at least three conspicuous places and the hearing has been advertised in the Glendale Star. Once this public hearing has been held and the thirty-day waiting period is up, the City may proceed with gathering the signatures required by law to continue the annexation process. If a sufficient number of signatures in favor of the annexation are obtained, the Council will then be asked to consider the adoption of an annexation ordinance. The recommendation was to hold a public hearing to receive public input concerning the proposed annexation of this area into the City. Mayor Scruggs opened the public hearing on Agenda Item No. 8. As there were no comments, Mayor Scruggs closed the public hearing. No action was taken on this item. 9. DIFFERENTIAL PAY FOR MILITARY RESERVISTS Ms. La Verne Parker-Diggs, Human Resources Director, presented this item. Across the country, military reservists and National Guard members are being called into active duty and facing financial hardship as they leave civilian jobs for lower-paying military posts. The City of Glendale has 25 employees eligible to be called for military 9 duty. Currently, six employees are in active duty status. A review of this issue by the Human Resources Department determined that many private and public sector employers are helping reservists called into active duty by paying the differential between the civilian jobs and military posts. Most employers have agreed to pay this differential pay for a defined period due to the uncertainty of the length of the war. The recommendation was to authorize the City Manager to provide differential pay to reservists called into active military duty until February 15, 2002, at which time the City can review a possible extension of differential pay. It was moved by Eggleston, and seconded by Goulet, to authorize the City Manager to provide differential pay to reservists called into active military duty until February 15, 2002, at which time the City can review a possible extension of differential pay. 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, November 20, 2001 to be followed by an executive session pursuant to ARS 38- 431.03 and to hold a City Council Budget Goal Setting Workshop at 8:00 a.m. on Friday, November 30, 2001, in the Onyx Room of the Glendale Civic Center. The motion carried unanimously. CITIZEN COMMENTS Mr. Kathleen Lewis, a resident of the City of Glendale Cholla District and Chair of Glendale Citizens for Responsible Development, said she was pleased by the plan for the Coyotes Arena and surrounding development. She stated that it appeared to have been well thought out. She said Glendale Citizens for Responsible Development want to see a quality development at the Manistee Mall. She cautioned the City to carefully consider possible tenants and the impact those tenants could have on the neighborhood. She requested that the City focus on needed services, neighborhood enhancement, safety and design concepts. She said major chain stores would be welcomed and should be encouraged for the tax revenue benefits they would provide the City. She said she would also like to see small businesses, such as unique stores and restaurants, brought to Manistee. She asked for additional information on the park-and-ride lot at Manistee, expanded bus service, and possible light rail service. Ms. Debra Kist, a resident of the City of Glendale Barrel District and Treasurer of Glendale Citizens for Responsible Development, congratulated the Transportation Department on the transportation package which was approved at last week's election. She stated that it shows Glendale is a responsible community. She requested that neighborhoods around Manistee be given additional information and a chance to provide input before any contracts are signed. 10 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet congratulated Mr. Book and his department. He stated that the awards received earlier tonight were well deserved. He said he was glad to see the Council authorize differential pay for reservists who work for the City and are being called to active duty. He noted that a mailing is currently being sent to neighborhoods around Manistee, informing the residents of the times and locations of scheduled meetings regarding the Manistee Town Center development. Councilmember Lieberman thanked everyone for the tremendous turnout at the transit election. He said he was also happy to see that Glendale City employees would receive the military pay differential. Vice Mayor Eggleston thanked the veterans and service organizations for their hard work and efforts in putting on a wonderful parade last Saturday. Councilmember Martinez expressed his opinion that the Veteran's Day Parade was one of the best he has seen. Mayor Scruggs thanked the citizens who took time to understand the transportation election package and vote. She apologized for being unable to attend the Veteran's Day Parade due to illness. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m. 'I rrr— Pamela 6 -Ira - City Clerk 11