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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/8/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, APRIL 8, 2003, 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; Pam Kavanaugh, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 4 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 MARCH 25, 2003 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the March 25, 2003 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 PROCLAMATION OF RECOGNITION FOR THE CACTUS HIGH SCHOOL BOYS VARSITY SOCCER TEAM The Cactus High School Boys Varsity Soccer team won their second consecutive 4A State Championship on February 15, 2003. This is the sixth State Championship for the Cactus Cobras. Through the hard work and dedication of all the players, coaches, and their families this achievement was possible. Mayor Scruggs presented the proclamation to Coach Jack Altersitz and members of the Cactus Boys Varsity Soccer team. Coach Altersitz thanked the Mayor and Council. PROCLAMATION IN RECOGNITION OF NATIONAL CRIME VICTIMS' RIGHTS WEEK, APRIL 6 THROUGH APRIL 12, 2003 The Glendale Police Department's Victims Assistance Caseworkers play a crucial role in ensuring that victims of crime are treated with dignity and respect. The Victims 1 Assistance Unit is part of a national movement to better serve victims of crime. Glendale caseworkers assist over 25,000 victims a year. These highly dedicated staff members serve the citizens of Glendale around the clock. Glendale is proud to have professional victims assistance caseworkers to aid in reducing the impact of trauma on crime victims. Mayor Scruggs presented a proclamation to Steve Morrison, Victims Assistance Unit Supervisor, recognizing April 6 through April 12, 2003, as National Crime Victims' Rights Week. Mr. Morrison thanked the Mayor and Council, stating he, his staff and the volunteers appreciate the opportunity to rededicate themselves to their service. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Number 1 by number and title, and Ms. Pamela Hanna, City Clerk, read Agenda Item Numbers 2 through 5 by number and title. 1. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP SCHOOL The event is a fundraiser and will be located at 7521 N. 57th Avenue. The event will be held from 6:00 p.m. to 10:00 p.m. on Saturday, May 3, 2003. If this license is approved, the total days expended by this applicant will be one of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. CONSENT RESOLUTIONS 2. FY 2003 HERITAGE FUND GRANT APPLICATION FOR THE WESTERN GLENDALE SKATE AND WATER PLAY PARK This is a request for the City Council to approve the submission of an application for a Heritage Fund Local, Regional and State Parks (LRSP) grant of $571,530. The grant will be used for the construction of the skate court and water play area in Phase One of the planned Western Area Regional Facility (WARF) located at 83`d Avenue and Bethany Home Road. Public involvement in the selection of amenities for this park was extensive. Public participation resulted in a design plan that will meet the expressed needs of local residents and provide unparalleled regional recreational opportunities. 2 The grant project will partially fund the western areas only skate court and the City of Glendale's first interactive water play area. Other planned amenities include basketball courts, ramadas with seating and barbeques, water fountains, bike racks, restrooms, landscaping, parking and security lighting. The total Heritage Fund project cost will be approximately $1,665,030. Phase One of the WARF is included in the City of Glendale's Capital Improvement Plan. Matching funds in the amount of $1,093,500, representing 66 percent of the total project cost, will come from Park Bonds allocated for completion of the WARF. The recommendation was to waive reading beyond the title and adopt a resolution approving the LRSP Heritage Fund grant application; authorizing the required matching funds, and authorizing acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies and contract guidelines. Resolution No. 3658 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 ARIZONA STATE PARKS FY 2003 LOCAL, REGIONAL AND STATE PARKS HERITAGE FUND APPLICATION FOR THE WESTERN GLENDALE SKATE AND WATER PLAY PARK 3. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT — UNDERAGE DRINKING ENFORCEMENT This is a request for City Council authorization to accept a $50,000 grant from the Governor's Office of Highway Safety (GOHS). The grant will fund underage drinking enforcement. The Glendale Police Department previously received funding from the GOHS. The grant provided for overtime funding to be used for targeting persons under the age of 21 years who purchase, possess, and/or consume alcohol. In addition, the funds were used for enforcement activities targeting persons 21 years and over who assist persons under the legal drinking age with purchasing, possessing, and/or consuming alcohol. GOHS is offering the Glendale Police Department additional funding in the amount of $50,000. This grant will be used to continue enforcement activities at various locations within the State of Arizona. The enforcement locations are at the discretion of the Glendale Police Department. No matching funds are required from the City. Each enforcement action may include any of the following components: • Sobriety checkpoints 3 • Monitoring desert and residential parties • Site inspections of bars, restaurants, and other businesses with a liquor license • Covert Underage Buying program • Monitor high school and college campuses The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the grant offer of $50,000 from the Governor's Office of Highway Safety for underage drinking enforcement. Resolution No. 3659 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 FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY TO SUPPORT OVERTIME ENFORCEMENT ACTIVITIES BY THE GLENDALE POLICE DEPARTMENT TO ADDRESS CONSUMPTION OF ALCOHOL BY UNDERAGE PERSONS 4. AMENDMENT TO CITRUS AIRE FARMS (MARLIN) DEVELOPMENT AGREEMENT This is a request for the City Council to amend the current Citrus Aire Farms (Marlin) Development Agreement. This amendment to the Development Agreement will allow the construction of up to two new auto dealerships on 14—acres of land instead of Class "A" office space at Union Hills Drive and 83`d Avenue. On November 23, 1999 the City of Glendale approved a Development Agreement with The Marlin Group for the development of Class "A" office space (6 acres) and a retail power center (160,000 square feet) at 83rd Avenue and Union Hills Drive. On July 24, 2001 the City Council approved the First Amendment to the Development Agreement, which extended the construction deadline for 20,000 square feet of Class "A" office space to November 24, 2004. The First Amendment also acknowledged that Marlin had assigned its rights and interests to Citrus Aire Farms Limited Partnership of which Marlin is the sole general partner. In order for Citrus Aire Farms to receive their Transaction Privilege Tax Rebate (25% rebate for five years, $1 million dollar cap), the property owner must complete construction of 80,000 square feet of retail space by December 31, 2003 and at least 20,000 square feet of Class "A" office space by November 24, 2004. At this time the retail development component of the agreement has been met. This amendment requires the property owner to commence construction of Class "A" office space or up to two new auto dealerships no later than December 31, 2005. 4 Commencement of construction of the auto dealerships shall be determined by the issuance of a building permit for construction of the auto dealerships and actual work being conducted on not less than 20,000 square feet. The recommendation was to waive reading beyond the title and adopt a resolution approving the Second Amendment to the Development Agreement with Citrus Aire Farms Limited Partnership. Resolution No. 3660 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 THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH CITRUS AIRE FARMS LIMITED PARTNERSHIP TO ALLOW FOR THE CONSTRUCTION OF AUTO DEALERSHIPS IN PLACE OF CLASS "A" OFFICE SPACE AT 83RD AVENUE AND UNION HILLS; AND DIRECTING THAT THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE RECORDED 5. DEVELOPMENT AGREEMENT FOR AUTO DEALERSHIP This is a request for the City Council to approve a development agreement with DIB Investment Group, L.L.C. and BCB Investment Group, L.L.C. for the creation of a 14—acre auto dealership located at Union Hills Drive and 83`d Avenue. The Council previously acted on an item to amend an existing Development Agreement with the Marlin Group, which would allow up to two luxury auto dealerships at this location. Initial projections indicate that at least 110 full-time jobs will be created with an annual payroll of $3.5 to $4 million. Staff estimates that approximately $64 million will be spent on this state-of-the-art facility including the purchase of land, site improvements, and inventory. Taxable revenues are estimated to be between $30 and $40 million annually. The development agreement provides the dealer with a 50% sales tax reimbursement for eight years with a cap of $3 million for two dealerships and a cap of $2 million if only one dealership is developed. The dealer shall complete the construction of the dealership and other improvements, and open the dealership for business no later than 18 months after the effective date of the development agreement; the deadline may be extended for no more than 180 days by mutual agreement of all parties. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a development agreement with DIB Investment Group, L.L.C. and BCB Investment Group, L.L.C. for auto dealership developments. Resolution No. 3661 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA 5 COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DEVELOPMENT AGREEMENT WITH THE DIB INVESTMENT GROUP, L.L.C. AND BCB INVESTMENT GROUP, L.L.C. FOR THE CREATION OF AN AUTO DEALERSHIP LOCATED AT 83RD AVENUE AND UNION HILLS DRIVE; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED Mayor Scruggs opened the public hearing on Consent Agenda Items 1 through 5. Mr. Thomas Cramer, a resident of the City of Glendale Cholla District, referred to the request to amend an agreement previously made to build office space at 83rd Avenue and Union Hills, stating they now want to build a 14-acre car dealership. He said the dealership will likely ask the city to put up the money to purchase the land, given the number of jobs and increased sales tax revenue the dealership will create. He pointed out there has been no discussion about traffic at 83rd Avenue. He stated he does not support the agreement. Mayor Scruggs closed the public hearing. It was moved by Lieberman and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1, 2, 3, 4 and 5, including the approval and adoption of Resolution No. 3658 New Series, Resolution No. 3659 New Series, Resolution No. 3660 New Series, and Resolution No. 3661 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTION 6. REZONING APPLICATION Z-02-26: 17310 NORTH 59TH AVENUE Ms. Tabitha Perry, Associate Planner, presented this item This is a request by Dan Lind and Nick Mavrolas to rezone 8.23 acres located south of the southwest corner of 59th Avenue and Greenbriar Drive from A-1 (Agriculture) to SR-17 (Suburban Residence). The proposed SR-17 zoning district is one of the districts that implement the General Plan land use designation of Low Density Residential 1 — 2.5 residential dwelling units per acre. The permitted uses in the proposed district are compatible with the existing development in the surrounding area. The owner intends to develop the site for a church. Church uses are allowed in the SR-17 zoning district subject to a Conditional Use Permit. On March 6, 2003, the Planning Commission recommended unanimously approval of Z-02-26, subject to three stipulations. There was no public comment on this application during the Planning Commission hearing. 6 The recommendation was to conduct a public hearing and approve Z-02-26, subject to the three stipulations recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 6. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Eggleston, to approve Rezoning Application Z-02-26 with 3 stipulations. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 7. LIQUOR LICENSE NO. 3-869 GARCIA'S MEXICAN RESTAURANT This is a request for a new series 12 (restaurant) license for Garcia's Mexican Restaurant located at 17037 N. 59th Avenue. The previous owner operated this business as Garcia's Mexican Restaurant and held a series 12 (restaurant) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the 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. 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 have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 8. LIQUOR LICENSE NO. 3-872 BARWINKLES This is a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Barwinkles located at 5930 W. Greenway Road, No. 27. The previous owner operated this business as Barwinkles and held a series 6 (on- & off-sale retail, all liquor) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the 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. No protests were filed during the 20-day posting period. The Planning Department, the Police 7 Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 9. LIQUOR LICENSE NO. 3-873 BIG D'S SPORTS BAR & GRILL This is a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Big D's Sports Bar & Grill located 4494 W. Peoria Avenue. The previous owner operated this business as Big D's Sports Grill and held a series 6 (on- & off-sale retail, all liquor) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the 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. 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 have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Numbers 7 through 9. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Applications No. 3-869 for Garcia's Mexican Restaurant, No. 3-872 for Barwinkles and No. 3-873 for Bid D's Sports Bar & Grill, 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 Special City Council Budget Workshop at 8:00 a.m. in Room B-3 of the City Council Chambers on Tuesday, April 15, 2003; to hold the next regularly scheduled City Council workshop at 2:00 p.m. in Room B-3 of the City Council Chambers on Tuesday, April 15, 2003 to be followed by an Executive Session pursuant to A.R.S. 38-431.03; and to hold a Special City Council Budget Workshop at 10:00 a.m. on Tuesday, April 22, 2003. The motion carried unanimously. 8 CITIZEN COMMENTS Ms. Deborah Sedillo Dugan, a resident of the City of Cave Creek, spoke on behalf of discharge of J.D. Steel Workers. She said little has been accomplished since the worker's first brought their concerns to the Council's attention, stating, in fact, the workers were replaced two weeks ago and are still out of work. She stated the city's General Contractor essentially encouraged such action by assuring the City that everything was fine at the arena and turning a blind eye to the injustices against the workers. She said the workers invited the city to attend last week's rally calling for justice at J.D. Steel, noting the rally was covered by various news organizations. She stated, while J.D. Steel has almost completed its work on the arena, the workers continue to demand a workplace where they are treated with respect and dignity. She asked Glendale to support their efforts, stating the city has a moral responsibility to ensure its projects are built by companies that treat workers fairly and obey the law. She urged the City to ensure current and future projects, including the soon-to-be-built Cardinal's stadium, are not contracted to unscrupulous companies. Mr. Philippe Vivien, a resident of the City of Glendale Ocotillo District, asked the City to install public restrooms at bus stops along the Glendale Corridor. Mr. Mike Allen, President, Sherwood Properties, stated he received a sign ordinance compliance order last Thursday. He said, as past Chair of the Arizona Multi- Housing Association, he understands the importance of compliance with city, state and federal laws and is not opposed to the sign ordinance. He said, however, he is opposed to the immediate implementation during these difficult economic times. He explained apartment complexes in Glendale are experiencing some of the highest vacancy rates since 1986. He pointed out apartment complexes bring $12,601,000 per year in sales tax revenue to the City, not including complexes which have fewer than 50 units. He stated another 10 percent reduction in apartment occupancies will cost the city $272,000 per year. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark encouraged residents to attend the Cardinal's Stadium groundbreaking ceremony Saturday at 10:00 a.m. Vice Mayor Eggleston stated the Glendale Arts Council held its annual art show last Friday, expressing his opinion it was a wonderful show. Councilmember Martinez reminded Cholla District residents of the free CPR classes being held on April 17 at the Union Hills Safety Building. Councilmember Frate welcomed Government students from Ironwood High School. He also congratulated Cactus High School for winning the state championship. 9 ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m. 'amela anna - City Clerk 10