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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/22/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, July 22, 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; Jon Paladini, Acting 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 8 resolutions and 2 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. Mayor Scruggs welcomed and introduced Andrew Leonard from Troup 2401 in Central Phoenix. APPROVAL OF THE MINUTES OF THE JULY 1, 2003, AND JULY 8, 2003 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the July 1, 2003 Special Council Meeting and the July 8, 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. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 8 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions numbers 9 through 13 by number and title. 1. SPECIAL EVENT LIQUOR LICENSE FOR ST. LOUIS THE KING CHURCH This is a request for a special event liquor license for St. Louis the King Church. The event is the annual fall festival that will be located at St. Louis the King Church, 4331 W. Maryland Avenue. The event will be held from 6:00 p.m. to 11:00 p.m. on Friday, October 3, 2003, from 11:00 a.m. to midnight on Saturday, October 4, 2003 and from 11:00 a.m. to 11:00 p.m. on Sunday, October 5, 2003. If this license is approved, the total days expended by this applicant will be three of the allowed 10 days this year. 1 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. 2. AWARD OF RFP 03-17, EXTERNAL AUDIT SERVICES This is a request for City Council to approve the purchase of external audit services. The city is required to have an annual external audit performed by a certified public accountant (CPA) by Part I, Article VI, Section 16 of the city charter and Arizona Revised Statutes section 9-481. In addition, the U.S. Office of Management and Budget (OMB) Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations require an audit of federal financial assistance. The current year's contract with PricewaterhouseCoopers LLP is expiring. Therefore, it is necessary to award a new contract at this time. To be eligible to provide audit services for the city, the CPA firm must be independent and licensed in Arizona, have no conflict of interest with work done for other clients, agree to abide by the city's request for proposals (RFP), submit a copy of its last quality control review report, and have a record of quality audit work. To assist in obtaining quality responses, notification of availability of the RFP was publicized in the Glendale Star and on the city's web site, and sent to seven firms. Each of the seven firms has offices in metropolitan Phoenix. Proposals were due by July 15 to allow adequate time after fiscal year-end and the recent financings for complete responses. Three proposals were received and rated using established evaluation criteria, by an evaluation committee made up of the Chief Financial Officer, City Auditor, Controller/Assistant Finance Director, and an Accounting Manager. The committee considered technical expertise, experience, audit approach, knowledge of recent Governmental Accounting Standards Board Statements, and cost in their rating. The offer from Heinfeld, Meech & Co. was scored highest by the evaluation committee. The initial term of the contract is three years, in the amount of $207,884. Funding for the first year audit cost of $70,000 is available in 01-2210-7330. The proposal specifications contain an option clause that permits the city, at the discretion of the city manager, to extend this agreement for an additional two years. The recommendation was to award a contract for external audit services to Heinfeld, Meech & Co. in the amount of $70,000, taxes included for the first year of a three-year contract period. 2 3. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - WEST AREA REGIONAL PARK This is a request for City Council approval of an amendment to the professional services agreement with Olsson Associates for design services for the West Area Regional Park. On March 27, 2001, Council approved a professional services agreement with Olsson Associates to provide the site survey and master plan for the 88-acre West Area Regional Facility in the amount of $110,250. The original contract for services allowed for the city to continue with the firm that did the master plan to provide design services and develop contract documents if so desired. This amendment provides for the design and development of contract documents for the West Area Regional Park in an amount not to exceed $234,641, bringing the total contract amount to $344,891. The project will cover seven acres of the 88-acre site and provide the initial recreation facilities at the regional park. Amenities to be designed will include basketball courts, play equipment, skate park, water playground, restroom, ramada, landscaping, irrigation, parking and security lighting. The planned improvements are consistent with the West Area Regional Facility master plan that was presented to Council at the February 5, 2002 workshop. Olsson was then asked to develop a cost and schedule for the 88-acre West Area Regional Facility. This was used as a planning tool for determining which park amenities could be designed and constructed within available Fiscal Year 2003-04 Capital and Operating budgets. During this process it was determined that supplemental funding was needed and the city applied for a Heritage Grant. Once the grant application was submitted and the development of an overall plan was completed, staff finalized the scope of work and fee with Olsson Associates for this project. Funds for this project are available in Western Area Regional Park, Park Bond Funds, Account No. 36-8948-8330. The recommendation was to approve the amendment to the professional services agreement with Olsson Associates in an amount not to exceed $234,641. 4. CHANGE ORDER FOR RECLAMATION WATER LINE EXTENSION This is a request for City Council approval of a change order to the agreement with Perini Building Company for the extension of the reclamation water line from 93rd Avenue to east of 91st Avenue. On March 11, 2003, City Council approved the extension of the reclamation water line from 93rd Avenue to the east side of 91st Avenue on the south side of Glendale Avenue. When final design drawings were completed, engineers determined that steel pipe should be used for that portion of the extended line that crossed 93rd and 3 91st Avenues. Also, the engineered drawings revealed conflicts with existing utilities, causing the extension to be installed at a lower depth than originally contemplated. The additional cost for completion of the required work is $14,332, resulting in a final contract amount of $128,067. Funds are available in Economic Development Infrastructure, Account No. 32-9611. The recommendation was to approve the change order for extension of the reclamation water line. 5. APPROVAL OF CHANGE ORDER NO. 1 AND FINAL TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE INTERSECTION SAFETY IMPROVEMENTS AT 67TH AVENUE AND BETHANY HOME ROAD This is a request for City Council approval of change order No.1 and final to the Professional Services Agreement with Tetra Tech Consulting Engineers (formerly known as ASL Consulting Engineers) in the amount of $72,090. These services are for the re-design of existing Salt River Project (SRP) drainage facilities and driveway locations at the intersection to 67th Avenue and Bethany Home Road, along with other items mentioned below. This resulted when the adjacent property owner changed their position on their access plan. On July 27, 1999, the City of Glendale approved the professional services agreement in the amount of $58,430, to perform desi%n-engineering services for the intersection safety improvement project located at 67 Avenue and Bethany Home Road. The intersection improvements include far-side bus bay/right turn lanes, raised medians, and right turn lanes on all of the approaches to the intersection. These improvements will help improve safety and traffic conditions at this intersection. The original Candidate Location for Operations Safety Evaluation (CLOSE) report estimated intersection construction costs for this project were $417,024, with $393,253 being funded by the Federal Highway Administration (FHWA). This estimate did not include any utility relocation or construction administration costs. The current construction estimate, including utility relocation and construction administration costs, is $1,016,000, with $770,776 being funded by FHWA. Most of the additional project cost is due to utility relocations and construction administration costs, which were not included in the original project estimate. Other additional design costs for the project were incurred due to changes in driveway locations which led to additional environmental requirements; changes to the Design Concept Report; additional costs incurred for right-of-way acquisitions; and design costs due to project schedule changes because of utility relocations. The design of the project has been completed and meets all of the appropriate federal and state requirements. Bids for this project were opened on June 19, 2003 and construction is scheduled to begin in August of 2003. The estimated time to construct the project is 90 days. 4 The cost of the additional professional service is $72,090. Funds for this project are available in the Intersection Safety Improvement Account No. 12-8567-8330. The recommendation was to approve the change order No. 1 and final with Tetra Tech Consulting Engineers, in the amount of $72,090. 6. FISCAL YEAR 02-03 CONTINGENCY APPROPRIATION AUTHORITY TRANSFERS This is a request to transfer $906,829.29 in Fiscal Year 02-03 landfill fund contingency appropriation authority to cover the prepayment of capital lease debt service related to landfill equipment, soil excavation for the Materials Recovery Facility (MRF), the MRF facility, and recycling containers. This request is for a transfer of appropriation authority only; no funds will be transferred. The prepayments are covered by excess lease proceeds and interest earnings, funds that cannot be used for any purpose other than prepayment of capital lease debt unless prior approval from the lessor is obtained. This is also a request to transfer $65,142.81 in FY02-03 general fund contingency appropriation authority to cover the prepayment of capital lease debt service related to the parking lots located at 7213 N. 59 h Avenue and 7160 N. 59th Ave. This request is for a transfer of appropriation authority only; no funds will be transferred. The prepayment is covered by excess lease proceeds and interest earnings, funds that cannot be used for any purpose other than prepayment of capital lease debt unless prior approval from the lessor is obtained. Finally, this is a request to transfer $5,400,000 in FY02-03 general fund contingency appropriation authority to the Public Safety Construction Fund. This request is for a transfer of appropriation authority only; no funds will be transferred. The city is utilizing the cash proceeds on-hand from the April 2003 General Obligation bond sale, to pay the balance due for the Motorola police radio system. The system was acquired in June 2002, as authorized by the City Council at that time. Payment of the balance due was included as a programmed use of the bond proceeds at the time that they were approved and sold. The LaSalle Capital Lease is a lease-purchase financing arrangement for a variety of capital items for many city departments that the Finance Department completed in June 2000. The remaining debt on the identified landfill fund items, after these prepayments, is as follows: $640,946 for the landfill equipment, with the last payment scheduled for September 30, 2006; $7,144,599 for the MRF facility and soil excavation, with the last payment scheduled for September 30, 2014; and $1,488,286 for the recycling containers, with the last payment scheduled for September 30, 2006. The remaining debt for the parking lots, after the prepayment, is as follows: $18,146, with the last payment scheduled for September 30, 2004. 5 For the police radio system, there will be no remaining payments due to Motorola, although there will be the outstanding General Obligation bond debt. The recommendation was to authorize the transfer of $906,829.29 in FY02-03 appropriation authority from the Landfill Fund Contingency Account 55-2456-7000 to various landfill fund accounts as follows: $39,147.24 to 55-6235-7812; $156,542.69 to 55-9604-7812; $561,837.93 to 55-9602-7812; and $149,301.43 to 55-6273-7812. Authorize the transfer of $65,142.81 in FY02-03 appropriation authority from the General Fund Contingency Account 01-2450-7000 to 01-8916-7812. Authorize the transfer of $5,400,000 in FY02-03 appropriation authority from the General Fund Contingency Account 01-2450-7000 to 60-9408-8400. 7. TRANSFER OF APPROPRIATION AUTHORITY AND FUNDS FROM THE FY03-04 GENERAL FUND CONTINGENCY TO CODE COMPLIANCE This is a request to transfer a total of $141,238 ($121,188 as on-going funding and $20,050 as one-time funding) in appropriation authority and funds from the Fiscal Year (FY) 03-04 General Fund Contingency account to the Code Compliance account to cover the anticipated FY03-04 costs related to two new code inspector FTEs, 0.5 office support FTE, as well as equipment and other resources that the new FTEs require to perform their job duties. This action will result in a reduction of $141,238 in the General Fund Contingency. At the June 3, 2003 Council Workshop, Council was presented with information pertaining to modification of the city's residential rental tax collection exemption policy. Staff recommended a change to the practice of exempting owners of less than five residential rental properties from paying tax. It was proposed that the recommended modification would result in an equitable residential rental tax collection policy that replicates the commercial rental property tax exemption policy. At the July 8, 2003 City Council Meeting the change to the Model City Tax Code pertaining to residential rental properties was approved. This policy change is likely to produce an estimated annual revenue of $600,000. The 1 .8% tax revenue collected would be appropriated as follows: General Fund at 1.2%; Public Safety at 0.1%; and Transportation at 0.5%. At the June 3, 2003 Council workshop, the final report of the Property Maintenance Subcommittee, chaired by Councilmember David Goulet and including Councilmembers Steve Frate and Joyce Clark as members was presented. This report recommended adoption of a property maintenance code and the accompanying staff and resources needed to implement the code in the amount of $141,238. At the July 8, 2003 Council Meeting, the property maintenance code was adopted. 6 The recommendation was to authorize the transfer of $141,238 in FY03-04 appropriation authority from the General Fund Contingency Account No. 01-2450 to Code Compliance Account No. 01-4411. 8. FINAL PLAT APPLICATION FP-03-02: 6880 WEST MYRTLE AVENUE This is a request by Clouse Engineering, Inc. representing Cherokee Development Partnerships for final plat approval for a subdivision titled Summerfield Place IV. The site is located at the northeast corner of 69th and Myrtle Avenues. The subdivision includes 42 single family lots on 8.59 acres at a density of 4.8 residential dwelling units per acre. Lot sizes vary from 4,837 square feet to 10,964 square feet with an average lot size of 4,950. The proposed minimum lot width is 45 feet and the minimum lot depth is 105 feet. The final plat is in conformance with the General Plan, the R1-4 PRD (Single Residence, Planned Residential Development) zoning district, and the preliminary plat that was approved by the Planning Commission on September 19, 2002. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve of final plat application FP-03-02. CONSENT RESOLUTIONS 9. CALL OF MARCH 9, 2004 PRIMARY ELECTION AND MAY 18, 2004 GENERAL ELECTION This is a request for City Council adoption of a Call of Election Resolution. The resolution identifies the following dates: Primary Election March 9, 2004 General Election May 18, 2004 Last day to register to vote for the Primary Election February 9, 2004 Last day to register to vote for the General Election April 19, 2004 First day that nomination papers will be available September 2, 2003 First day to file nomination petitions November 10, 2003 Last day to file nomination petitions December 10, 2003 The recommendation was to waive reading beyond the title and adopt a resolution calling for the 2004 municipal elections. 7 Resolution No. 3692 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 9, 2004; GENERAL ELECTION: MAY 18, 2004); DESIGNATING THE DEADLINE FOR VOTER REGISTRATION; DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATING PAPERS 10. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR SECURITY SERVICES This is a request for City Council authorization to execute an intergovernmental agreement with Maricopa County Superior Court (MCSC) for security services at Glendale City Court. The City of Glendale and Glendale City Court currently have an agreement with MCSC to provide security services for Glendale City Court. MCSC provides security services to many courts throughout the Valley. These agreements all end on different dates. In order to have all their agreements commence and expire on the same date, they are requesting the current agreement be cancelled and a new one become effective 10 days after they have received approval from all cities. Funding for security services is budgeted in Court Security Account number 72- 1411-7330. Funds are generated from the collection of the Court Improvement Fee. The cost of the requested services will not exceed the current city security services agreement. The Court reimburses MCSC for the officer's salary based on their position level (Officer 1, Officer 2 etc.) plus an administrative fee of 15%. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager and Presiding City Judge to execute an Intergovernmental Agreement with Maricopa County Superior Court to provide Glendale City Court with security services. Resolution No.3693 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 AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY SUPERIOR COURT FOR SECURITY SERVICES AT THE GLENDALE CITY COURT 11. VICTIMS OF CRIME ACT (VOCA) GRANT FOR CONTINUATION OF THE VICTIMS' SERVICES PROGRAMS This is a request for City Council authorization to accept a one-year $29,284 grant from the Arizona Department of Public Safety. The grant funds have been awarded to the Glendale Police Department to continue victims' services programs. 8 The funding will partially support the salary of a Victim Assistance Caseworker assigned as an advocate in the Glendale City Court and will pay for fuel, vehicle maintenance, and emergency supplies supporting the Police Department's domestic violence patrol project. The required match will be met using previously approved budgeted funds in the Police budget for Fiscal Year (FY) 2003-2004. Services provided to victims by virtue of this grant would include direct emotional support and crisis counseling to victims of domestic violence, referral and coordination of community social services, and assistance with court-related issues. Programs supported by this grant will continue to promote the West Valley Advocacy Center. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to accept the one-year grant award of $29,284 from the Arizona Department of Public Safety to continue victims' services programs. Resolution No. 3694 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 THE GRANT OFFER AND AUTHORIZING THE EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE DEPARTMENT OF JUSTICE THROUGH THE VICTIMS OF CRIME ACT (VOCA) AND THE ARIZONA DEPARTMENT OF PUBLIC SAFETY 12. AMENDMENT NUMBER ONE TO THE DEVELOPMENT AND DISPOSITION AND INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOURISM AND SPORTS AUTHORITY AND THE CITY OF GLENDALE, ARIZONA This is a request for City Council to adopt a resolution approving Amendment Number One to the Development and Disposition and Intergovernmental Agreement by and between the Tourism and Sports Authority (TSA), and the City of Glendale, Arizona. This incorporates and formalizes the Memorandum of Understanding (MOU) approved May, 13, 2003, which provided the responsibility for construction of the Community Facilities District (CFD) infrastructure to the TSA, and the "Letter Agreement" dated July 1, 2003, that set forth the plan for funding a portion of the obligations of the proposed CFD relating to the construction of enhanced CFD infrastructure for the development of the facility and the maximization of CFD revenues. All documents have previously been reviewed and/or approved by City Council. The City Attorney's Office has reviewed Amendment Number One to the Development and Disposition and Intergovernmental Agreement by and between the Tourism and Sports Authority, and the City of Glendale, Arizona and has determined that it is consistent with the previously reviewed and/or approved MOU and "Letter Agreement". 9 The recommendation was to waive reading beyond the title and adopt a resolution for Amendment Number One to the Development and Disposition and Intergovernmental Agreement by and between the Tourism and Sports Authority, and the City of Glendale, Arizona. Resolution No. 3695 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 EXECUTION AND DELIVERY OF AMENDMENT NUMBER ONE TO THE DEVELOPMENT AND DISPOSITION AND INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF GLENDALE AND THE TOURISM AND SPORTS AUTHORITY; AND DIRECTING THAT THE AMENDMENT BE RECORDED 13. AMENDED AND RESTATED CARDINALS STADIUM DEVELOPMENT AGREEMENT This is a request for City Council to adopt a resolution amending the current Cardinal Stadium Development Agreement. This incorporates and formalizes the Memorandum of Understanding (MOU) approved on May, 13, 2003, which provided the responsibility for construction of the Community Facilities District (CFD) infrastructure to the Tourism and Sports Authority (TSA), the "Letter agreement" dated July 1, 2003, that set forth the plan for funding a portion of the obligations of the proposed CFD relating to the construction of enhanced CFD Infrastructure for the development of the facility and the maximization of CFD revenues, and the parking covenant, approved on May 27, 2003, that governs the provision and operation of parking for facility events. All documents have previously been reviewed and/or approved by City Council. The City Attorney's Office has reviewed the Amended and Restated Cardinals Stadium Development Agreement and has determined that it is consistent with the previously reviewed and/or approved MOU, "Letter Agreement", and Parking Covenants. The recommendation was to waive reading beyond the title and adopt a resolution authorizing and directing the execution and delivery of the Amended and Restated Cardinals Stadium Development Agreement. Resolution No.3696 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 EXECUTION AND DELIVERY OF THE AMENDED AND RESTATED CARDINALS STADIUM DEVELOPMENT AGREEMENT; AND DIRECTING THAT SAID DOCUMENT BE RECORDED Mayor Scruggs opened the public hearing on Consent Agenda Items 1 through 13. 10 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Council for the regional western park, asking, however, that the park be designed to accommodate bicycle riding. Mayor Scruggs closed the public hearing. It was moved by Eggleston and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 13, including the approval and adoption of Resolution No. 3692 New Series, Resolution No. 3693 New Series, Resolution No. 3694 New Series, Resolution No. 3695 New Series, and Resolution No. 3696 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 14. ZONING AMENDMENT APPLICATION ZON-03-03: 5408 WEST BELL ROAD Ms. Teresa Hillner, Planner, presented this item. This is a request by Continental Properties to amend a zoning stipulation from the previously approved Community Shopping Center (CSC) zoning district. The site is currently zoned CSC. The Development Master Plan for the Desert Glen shopping center was approved by the City Council on October 22, 2002 (Rezoning Application Z-02-08). The Development Master Plan provided a description of the shopping center including the location of all proposed buildings, parking areas, plazas, and pedestrian areas within the development. It also showed all drive aisles, loading and service areas, perimeter improvements, and architectural elevations. All development must be consistent with this plan unless amended by the City Council. The applicant desires to install a right- turn in/right-turn out driveway on Bell Road. The proposed new driveway is approximately 300 feet east of the intersection of 55th Avenue and Bell Road. The applicant's request is to also combine two pads into one at the SWC of the Desert Glen Shopping Center. At its June 19, 2003 meeting, the Planning Commission unanimously recommended approval of ZON-03-03. No one except the applicant spoke at the public hearing. The recommendation was to conduct a public hearing and approve ZON-03-03 subject to the stipulation recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, Mayor Scruggs closed the public hearing. 11 It was moved by Martinez, and seconded by Frate, to approve Zoning Amendment Application, ZON-03-03, subject to the Planning stipulations. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 15. LIQUOR LICENSE NO. 3-881 NEW HAPPY CHINESE RESTAURANT This is a request for a new series 12 (restaurant) license for New Happy Chinese Restaurant located at 8040 N. 43rd Avenue. The previous owner operated this business as Big Wong 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. 16. LIQUOR LICENSE NO. 3-883 CYPRESS LOUNGE This is a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Cypress Lounge located at 5944 W. Bethany Home Road. The previous owner operated this business as Cypress Lounge 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. Conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 17. LIQUOR LICENSE NO. 3-885 FRY'S FOOD & DRUG NO. 136 12 This is a request for a person and location transfer of a series 9 (off-sale retail, all liquor) license for Fry's Food & Drug No. 136 located at 4329 W. Northern Avenue. Fry's currently holds a series 9 (off-sale retail, all liquor) license at this location. Fry's has purchased series 9 licenses from Fleming Food Company and intends to transfer these licenses to existing Fry's stores in anticipation of future expansion. Fry's will keep the newly purchased licenses at existing stores until such time it transfers the licenses to its new stores. The approval of this license will increase the number of liquor licenses in the area by one. However, it will not increase the number of active licenses in the area. If approved, this location will have one active and one inactive license. 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. 18. LIQUOR LICENSE NO. 3-886 FRY'S FOOD & DRUG NO. 6 This is a request for a person and location transfer of a series 9 (off-sale retail, all liquor) license for Fry's Food & Drug No. 6 located at 5771 W. Thunderbird Road. Fry's currently holds a series 9 (off-sale retail, all liquor) license at this location. Fry's has purchased series 9 licenses from Fleming Food Company and intends to transfer these licenses to existing Fry's stores in anticipation of future expansion. Fry's will keep the newly purchased licenses at existing stores until such time it transfers the licenses to its new stores. The approval of this license will increase the number of liquor licenses in the area by one. However, it will not increase the number of active licenses in the area. If approved, this location will have one active and one inactive license. 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. 19. LIQUOR LICENSE NO. 3-887 FRY'S FOOD & DRUG NO. 26 13 This is a request for a person and location transfer of a series 9 (off-sale retail, all liquor) license for Fry's Food & Drug No. 26 located at 5116 W. Olive Avenue. Fry's currently holds a series 9 (off-sale retail, all liquor) license at this location. Fry's has purchased series 9 licenses from Fleming Food Company and intends to transfer these licenses to existing Fry's stores in anticipation of future expansion. Fry's will keep the newly purchased licenses at existing stores until such time it transfers the licenses to its new stores. The approval of this license will increase the number of liquor licenses in the area by one. However, it will not increase the number of active licenses in the area. If approved, this location will have one active and one inactive license. 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 15 through 19. 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. 3-881 for New Happy Chinese Restaurant, No. 3-883 for Cypress Lounge, No. 3-885 for Fry's Food & Drug No. 136, No. 3-886 for Fry's Food & Drug No. 6 and No. 3-887 for Fry's Food & Drug No. 26 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 20. ADOPTION OF A CAMPING ORDINANCE Ms. Jackie Cole, Police Officer, presented this item. This is a request for City Council to approve a Camping Ordinance that would prohibit unauthorized camping on public and private property. It does not prohibit anyone from being present in a park or public place ("loitering") unless the person displays evidence of camping, such as bedding, plastic tarps for covering, etc. Within the last couple of years, there has been a noticeable increase in the number of unauthorized persons/transients camping, especially in city parks. This may be the result of other cities in the Valley, such as Phoenix and Tempe, having adopted 14 and enforced ordinances that prohibit camping. This behavior presents a security issue and both neighborhoods and businesses have sought help from the city to deter this type of activity. Implementation of the ordinance includes education, voluntary compliance, referral services and, if necessary, enforcement. Officers will provide information about social services verbally and by delivering a pamphlet listing social services with contact addresses and phone numbers. The officers will also offer assistance in obtaining the services and will end the contact by asking for voluntary compliance with the ordinance. Upon a second or subsequent contact, and the person is determined to be a chronic violator, an arrest will be made. This ordinance has been reviewed by the Parks and Recreation Advisory Commission who recommended its adoption. The recommendation was to waive reading beyond the title and adopt the Camping Ordinance. Ordinance No. 2332 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 25, SECTION 25-1 BY ADDING A DEFINITION FOR "CAMP"; AND ADDING A NEW ARTICLE VIII ENTITLED "MISCELLANEOUS NUISANCES" PROHIBITING CAMPING ON PUBLIC OR PRIVATE LAND AND PROVIDING EXCEPTIONS THERETO Councilmember Goulet said people in his district asked how they will ensure people do not simply move from one park to another. Officer Cole explained the ordinance is similar to a trespassing ordinance and all contacts will be documented and put into a computer system. Mayor Scruggs opened the public hearing on Item 20. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said the proposed ordinance personally affects him and his family, explaining they live in close proximity to the Salvation Army on Northern Avenue. He stated he is particularly impressed by the fact that officers will offer information on how to obtain assistance. He said his only concern is that the ordinance be dealt with carefully to ensure everyone receives the services they need. Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2332 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 15 21. RESIDENTIAL INFILL HOUSING REBATE PROGRAM Mr. Kevin Jackson, Community Housing Senior Management Assistant, presented this item. This is a request for City Council to adopt an ordinance establishing the Residential Infill Housing Rebate Program as discussed at the June 17, 2003 Council workshop. In July of 1999, Council provided direction to create a pilot Residential Infill Housing Rebate Program to encourage the construction of single-family homes within three neighborhoods in downtown Glendale. The three eligible neighborhoods are listed below as follows: • Lamar Road to Maryland Avenue, 51st Avenue to Grand Avenue • Hayward Avenue to Glendale Avenue, 55th Avenue to 59th Avenue • Glendale Avenue to Maryland Avenue, 59th Avenue to 67th Avenue Currently, the program rebates $4,700 of development impact fees to homebuilders who construct single-family homes within the three eligible neighborhoods. Development impact fees are currently $7,887 per single-family home, and the rebate amount is 59.59% of the total fees. Upon establishing the program, Council advised staff to adjust the rebate amount at the same percentage of development impact fees if the fees should change over time. The program budget is $50,000 for Fiscal Year (FY) 2003-2004 and is maintained in a non-departmental account (01-7325). A team of city staff representing Community Housing and Revitalization, Planning, Building Safety, Economic Development, and Community Partnerships evaluated and recommended the following changes to the program: 1. Expand the program boundaries to 43rd Avenue (east), 67th Avenue (west), Northern Avenue (north) and Camelback Road (south). 2. Establish the program so that it is consistent with the state statute by making the following findings concerning the designation of an infill incentive district and an infill incentive plan. The conditions listed below exist within the proposed infill incentive district boundaries and a rebate of development impact fees is a sufficient infill incentive plan to encourage development within the proposed boundaries. • A large number of vacant lots • A large number of vacant, older, or dilapidated structures 16 • A large number of places where nuisances occur 3. Reduce the rebate of development impact fees from 59.59% to 40%. The recommendation was to waive reading beyond the title and adopt an ordinance establishing the Residential Infill Housing Rebate Program Mayor Scruggs opened the public hearing on Item 21. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, commented that the Ocotillo District and other run-down areas of the city have improved dramatically. Mayor Scruggs closed the public hearing. Ordinance No. 2333 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 28, ARTICLE VI (DEVELOPMENT IMPACT FEES) BY ADDING SEC. 28-131 CREATING INFILL INCENTIVE DISTRICTS It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2333 New Series. Councilmember Martinez said, while he believes the program is needed, he does not agree with the reduced development fee rebate. Upon a call for the question, the motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. RESOLUTIONS 22. RESIDENTIAL INFILL HOUSING REBATE PROGRAM Mr. Kevin Jackson, Community Housing Senior Management Assistant, presented this item. This is a request for City Council to adopt a resolution setting forth the boundaries and rebate amount for the Residential Infill Housing Rebate Program as discussed at the June 17, 2003 Council workshop. In July of 1999, Council provided direction to create a pilot Residential Infill Housing Rebate Program to encourage the construction of single-family homes within 17 three neighborhoods in downtown Glendale. The three eligible neighborhoods are listed below as follows: • Lamar Road to Maryland Avenue, 51st Avenue to Grand Avenue • Hayward Avenue to Glendale Avenue, 55th Avenue to 59th Avenue • Glendale Avenue to Maryland Avenue, 59th Avenue to 67th Avenue Currently, the program rebates $4,700 of development impact fees to homebuilders who construct single-family homes within the three eligible neighborhoods. Development impact fees are currently $7,887 per single-family home, and the rebate amount is 59.59% of the total fees. Upon establishing the program, Council advised staff to adjust the rebate amount at the same percentage of development impact fees if the fees should change over time. The program budget is $50,000 for Fiscal Year (FY) 2003-2004 and is maintained in a non-departmental account (01-7325). A team of city staff representing Community Housing and Revitalization, Planning, Building Safety, Economic Development, and Community Partnerships evaluated and recommended the following changes to the program: 1. Expand the program boundaries to 43rd Avenue (east), 67th Avenue (west), Northern Avenue (north) and Camelback Road (south). 2. Establish the program so that it is consistent with the state statute by making the following findings concerning the designation of an infill incentive district and an infill incentive plan. The conditions listed below exist within the proposed infill incentive district boundaries and a rebate of development impact fees is a sufficient infill incentive plan to encourage development within the proposed boundaries. • A large number of vacant lots • A large number of vacant, older, or dilapidated structures • A large number of places where nuisances occur 3. Reduce the rebate of development impact fees from 59.59% to 40%. The recommendation was to waive reading beyond the title and adopt a resolution setting forth the boundaries and rebate amount for the Residential Infill Housing Rebate Program. Resolution No. 3697 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA 18 COUNTY, ARIZONA, ADOPTING AN INFILL INCENTIVE DISTRICT PLAN AND MAP PURSUANT TO GLENDALE CITY CODE SECTION 28-131; AND SETTING FORTH AN EFFECTIVE DATE Mayor Scruggs opened the public hearing on Item 22. As there were no comments, she closed the public hearing. It was moved by Goulet, and seconded by Clark, to pass, adopt and approve Resolution No. 3697 New Series. The motion carried unanimously. 23. DEVELOPMENT AGREEMENT FOR AN AUTO DEALERSHIP LOCATED AT 8310 WEST BELL ROAD Mr. Jim Colson , Economic Development Director, presented this item. This is a request for the City Council to approve a development agreement with Traverse Bay Properties, L.L.0 for a luxury automobile dealership, which will occupy a 16.5 acre site located at 8310 West Bell Road. The dealership will sell, lease and service luxury vehicles. Total development costs including land, site improvement costs and building costs are estimated at $26.8 million. The dealership expects to generate 350 jobs and will generate a substantial amount of retail sales tax. The development agreement provides the dealer with $10.5 million dollars (net present value) in sales tax reimbursements over the course of seven years. The incentive is performance based and is structured to pay 50% of non-dedicated sales tax generated for six years, with a balloon payment at the end of the seventh year retiring the remaining incentive amount. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a development agreement with Traverse Bay Properties, L.L.C. Mr. Mike Whitney, applicant's representative, complimented the City of Glendale's staff, stating they were professional and prompt. He reported Mr. Lund's current dealership on Bell Road in Phoenix is the nation's largest Cadillac dealership in terms of new and used car sales. He said Mr. Lund is committed to locating his new flagship General Motors luxury automotive complex in the City of Glendale. Mr. Jon Lund reported the luxury car business in the United States has grown 67 percent since 1992. He said all luxury car makers are building more products than ever before and new brands are being introduced into the market. He stated General Motors has committed $5 billion to the renaissance of Cadillac, noting Phoenix is the third largest marketing area in the United States for selling Cadillac's. He said the design of the new facility would be in keeping with the new cars being seen today. 19 Mr. Lund showed a presentation which included the following: a brief overview of the Lund Cadillac successes; the new Cadillac, Hummer, Saab, and Alpha Romeo automobile designs; plus the interior and exterior of the new Cadillac, Hummer, Saab/Alpha Romeo dealership buildings. Councilmember Frate complimented Mr. Lund and Mr. Whitney on their presentation. Mayor Scruggs congratulated Mr. Lund on his achievements. Mayor Scruggs opened the public hearing on Item 23. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he agrees with what the Council is doing, including the tax incentives. He said there is a lot of competition between cities because of the tax revenue car dealerships bring. He suggested the cities work together to end the competition. Mayor Scruggs closed the public hearing. Resolution No. 3698 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 TRAVERSE BAY PROPERTIES, L.L.C. FOR A LUXURY AUTOMOBILE DEALERSHIP LOCATED AT 8310 WEST BELL ROAD; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED It was moved by Frate, and seconded by Martinez, to pass, adopt and approve Resolution No. 3698 New Series. The motion carried unanimously. 24. FORMATION OF COMMUNITY FACILITIES DISTRICT Mr. Ed Beasley, City Manager, presented this item. This is a request for City Council approval of formation of a community facilities district (CFD) in response to a petition from the property owner, B&B Holdings, Inc. dba Arizona Cardinals. City officials would serve in similar but separate capacities as CFD officers. The property owner would convey land around the multi-purpose facility to the CFD to develop and maintain. Previously, Resolution No. 3603, New Series was adopted August 30, 2002, which executed a development agreement with the property owner. That agreement established rights and obligations regarding the development of a multi-purpose facility and related parking. Then, on July 1 and 15, 2003 the City Council held public workshops on CFD formation, which included discussion of a time line for consideration of CFD formation. Direction was given to bring forward a resolution for consideration at this time. 20 The resolution grants the petition for CFD formation. It also identifies and fills the positions of District Board and its Chairperson, Vice Chairperson, and key administrative or advisory positions of the CFD. In addition, the district boundaries are set and authorization is granted to the petitioner to file the resolution with Maricopa County. The resolution also approves an indemnification agreement between the city, CFD, and the petitioner. In response to adoption of the proposed resolution, an initial meeting of the CFD board of directors would be scheduled for September 2003. At that time its preliminary budget would be considered for publication. The recommendation was to waive reading beyond the title and adopt a resolution ordering and forming a community facilities district and declaring an emergency Mayor Scruggs opened the public hearing on Item 24. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he has not yet formed an opinion with regard to the indemnification agreement. He congratulated the Council on not having to go to the Legislature to request $200 or $300 million like another area city. Mayor Scruggs closed the public hearing. Resolution No. 3699 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ORDERING AND DECLARING FORMATION OF CITY OF GLENDALE COMMUNITY FACILITIES DISTRICT NUMBER ONE; APPROVING AND AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF AN INDEMNIFICATION AGREEMENT AND AUTHORIZING THE NEGOTIATION OF ADDITIONAL AGREEMENTS; AND DECLARING AN EMERGENCY It was moved by Clark, and seconded by Frate, to pass, adopt and approve Resolution No. 3699 New Series. The motion carried unanimously. BOARDS AND COMMISSIONS 25. BOARDS AND COMMISSIONS Appointments are to be made to the following commissions that have a vacancy or expired term. Effective Term Date Expires Citizens Transportation Oversight Commission 21 .. ._........._.._....__...... Shaj, Raju (Cactus) Appointment 07/22/2003 07/25/2005 Housing Advisory Commission Gentry, Donnell At-Large Appointment 07/22/2003 07/01/2005 (Ocotillo) Parks and Recreation Advisory Commission Hansen, Ted (Cholla) Appointment 07/22/2003 04/09/2004 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Eggleston, to appoint the applicants listed above, for the terms listed above, to the Citizens Transportation Oversight Commission, Housing Advisory Commission, and the Parks and Recreation Advisory Commission. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to vacate the August City Council meetings and workshops and to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 2, 2003, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Duke Wellington, a resident of the City of Glendale Sahuaro District, characterized Glendale as a forward looking city, stating, however, it is falling behind with regard to speeding and red light running. He said the Police Department has been given more duties and fewer officers, expressing his opinion the only way to curb the problem is to utilize cameras. He said dummy cameras could also be set up to further deter speeders and red light runners. He explained he is afraid to cross his street because of the speeding cars. He cautioned that, if left unchecked, Glendale could suffer a similar tragedy to the one that occurred in California, wherein a man killed 10 people by speeding and crashing into an outdoor market area. He asked the Council to establish a committee to research the use of cameras. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, cautioned pedestrians and cyclists to obey the traffic laws as well. He expressed concern about the relationship between west valley cities, stating they need to work together to keep Luke Air Force Base open. He expressed his opinion the responsibility for all city 22 decisions ultimately lies with its elected officials, stating he is worried that too much power is being delegated to City Managers. Ms. Victoria Crum, a resident of the City of Glendale Sahuaro District, stated she welcomes the Wal-Mart Super Center proposed for the 59th Avenue and Bell Road shopping center. She said she has been told by many other store managers in the shopping center, and their employees, that they are also eager to have a Super Wal- Mart come to the center. She stated the center has suffered several security issues since Costco moved and they look forward to having some relief once Wal-Mart moves in. She asked the Council to support Wal-Mart's efforts to locate a supercenter at that location. Mr. Robert Hartwig, a resident of the City of Glendale Cholla District, also asked the Council to support the new Wal-Mart Center, expressing his opinion it will alleviate some of the crowd at the Union Hills store. Ms. Debra Kist, a resident of the City of Glendale Barrel District, stated she appreciates the quick response she got to her questions at the last Council meeting, stating, however, she needs clarification as to who is actually completing the Northern Crossings site. She said she was unable to attend the meeting with the Target representatives last Wednesday, however, it appears they were willing to discuss retrofitting big box stores. She asked if the Board of Directors for the Community Facilities District would be temporary or permanent and later filled by other Council members. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet congratulated the city's new Assistant Chief of Police and two Assistant Fire Chiefs, stating they will bring a lot of expertise to the City of Glendale. He reported the in-fill project at Myrtle and 69th Avenue is moving forward. He said the ordinance prohibiting camping in parks will bring relief to neighborhoods all over the city. He acknowledged Mr. Bob Boston who will retire from the city's Code Office next week, stating he has often been a calming influence during very contentious neighborhood meetings. Councilmember Lieberman also congratulated the Assistant Chief of Police and Assistant Fire Chiefs. He commented that Council passed a number of important ordinances tonight. Vice Mayor Eggleston welcomed the new Assistant Chiefs. Councilmember Martinez thanked Mr. Wellington for addressing the Council, noting he has tried three times to get a red light running program established. He encouraged more citizens to speak out on the topic and relay their concerns. 23 Councilmember Frate said approval of Item 23 was good for Glendale, stating the dealership will bring quality jobs to the city. He commented on the arrival of monsoon season, asking everyone to take extra care and avoid driving in flooded areas. He announced all Glendale fire stations will offer sand and sandbags for residents and business owners. Mayor Scruggs agreed landmark actions were taken during the meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 8:35 p.m. -.- Pamela Hanna - City Clerk 24