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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/14/2009 1!' GLENQtJE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue April 14,2009 7:00 p.m. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Manuel D. Martinez and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. The Mayor welcomed members of the Apollo High School Student Council: Brittany Ethridge, Talia Besser, Monique Dumar, Alana Hulewicz, Shelbie Frauen, Anthony Ross, Sidney West, Sven Kastillo, Brandi Srodawa, Karla Silva, Jordan Hegemayer, Shay P., Amy Frauen, Tabetha Aparacio, and Morgan Keffer. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 4 resolutions and 1 ordinance 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 24 2009 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the March 24, 2009 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 PROCLAIM APRIL 12 -18, 2009 AS NATIONAL COMMUNITY DEVELOPMENT WEEK This is a request for City Council to proclaim the week of April 12 through April 18, 2009 as National Community Development Week in Glendale. 1 This proclamation will be accepted by Mr. Chris Flippen, Community Development Advisory Committee Chair. The Community Development Block Grant (CDBG) Program has been in operation since 1975, providing local governments with the resources to help address critical needs as identified by the community. Over its thirty years of existence, the program has emphasized the importance of local priorities and the need to develop strong relationships between local government, citizens, and non-profit agencies. During National Community Development Week, programs and projects that demonstrate the effectiveness of this valuable program will be recognized. Glendale began receiving CDBG funds in 1977 from the U.S. Department of Housing and Urban Development (HUD). Over the last thirty-two years,the city has been allocated over $59 million for the purpose of improving the physical and social conditions of Glendale residents. In FY 2008-2009, $2,510,350 in CDBG funding leveraged over $3,761,648 of other state, local, and private funds. In addition, we also leveraged $6,564,879 from agencies providing direct services to our residents. This resulted in a total of$12,836,877 in benefits to our community relative to CDBG, almost four times the actual CDBG grant award. Examples of CDBG activities include: Housing Rehabilitation Programs — Glendale homeowners are directly assisted through the FY 2008 - 09 variety of programs which include the Residential Rehabilitation, Replacement Housing, Roof Repair/Replacement, and Exterior Improvement programs. Additional programs provide home accessibility modifications and emergency home repairs. Last fiscal year, over 350 Glendale families benefitted from these essential programs. Homeownership Opportunities — The city partners with non-profit agencies to enable Glendale residents to become homeowners through infill housing and first-time homebuyer programs. Elimination of Slum and Blight — Through our Voluntary Demolition Program, dilapidated, vacant structures are demolished and cleared to eliminate blighted/dangerous conditions and encourage redevelopment. Last fiscal year, this voluntary program eliminated ten substandard, dilapidated structures from the city's neighborhoods. Public Facilities and Improvements — CDBG funds have been used for the construction or renovation of public facilities, such as youth centers and community centers. The funding also supports neighborhood improvements, such as sidewalks, curb cuts, and street lights. The Boys & Girls Clubs of Metropolitan Phoenix, YWCA of Maricopa County, and St. Mary's Food Bank Alliance all recently benefitted from this program. Human Services — The CDBG program allocates funds to non-profit agencies offering social service programs, such as congregate meals for elderly residents, legal counseling services, and other general assistance for seniors, youth, disabled persons, domestic violence victims, and homeless prevention. In FY 2008-09, over 22,000 individuals benefitted from these programs. In recognition of the tremendous contributions of the CDBG program on a national and local level, staff is requesting that the City Council recognize the accomplishments of the CDBG 2 program through a proclamation supporting the observation of National Community Development Block Grant Week. It is staff's recommendation to issue a proclamation recognizing National Community Development Week in Glendale, from April 12 through April 18, 2009. Chris Flippen, Vice Chair of the Community Development Advisory Committee, will be present to accept the proclamation. Mr. Flippen thanked the Mayor and Council for this proclamation and their continued support. He stated that CDBG funding has helped thousands of Glendale citizens through a variety of programs and partnerships that address urgent community needs. These include social service programs that help prevent homelessness, address domestic violence, assist with youth health care and provide meals for the elderly. He noted this program also provides for housing related programs. He explained for every federal dollar invested in these programs, they generally see a three dollar return in additional resources. He added this program plays a critical role in providing assistance to those in need. PROCLAMATION IN RECOGNITION OF NATIONAL CRIME VICTIMS' RIGHTS WEEK APRIL 26—MAY 2, 2009 This is a request for City Council to proclaim April 26 through May 2, 2009 as National Crime Victims' Rights Week in Glendale. This proclamation will allow the City of Glendale to recognize the suffering, struggles, and losses of crime victims as well as recognize and honor services that aid crime victims. The proclamation will be accepted by Lucy Qualls and Lori Smith, therapists who provide counseling services to crime victims at the West Valley Advocacy Center. Both are employed by"A New Leaf,"a mental health partner agency in the Advocacy Center. President Ronald Reagan proclaimed the first "National Crime Victims' Rights Week" in 1981. Every year since then, victim services and agencies throughout the United States have used one week in April to bring focus to the massive problem of crime victimization in our society and to recognize services reaching out to crime victims. This year's national recognition will especially honor the "Victims of Crime Act" (VOCA), which has provided funding for victim services programs since 1984. Glendale Victim Assistance Services has received approximately $2 million in VOCA funding during the past 25 years of services. VOCA is not funded by taxpayer dollars but, rather, from surcharges on fines and fees in Federal prosecutions. It is staff's recommendation to issue a proclamation recognizing National Crime Victims' Rights Week in Glendale, April 26 through May 2, 2009. Lori Smith and Lucy Qualls of New Leaf, will be present to accept the proclamation. 3 Ms. Qualls thanked the Mayor and Council for inviting them to accept the proclamation to help emphasis the important of victim's rights. She stated victim's rights help to insure a more fair and just outcome in the criminal justice system. She said this program was important because it helps victims regain their personal power and begin the healing process. She noted they look forward to continuing their partnership with the city and serving the community. CONSENT AGENDA Mr. Ed Beasley, City Manager, the applicant withdrew agenda item number 1. Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 2 through 5 by number and title. 1. SPECIAL EVENT LIQUOR LICENSE, SPARK OF HOPE FOUNDATION, WOMEN'S EXPO, APRIL 25 AND 26, 2009 Item not heard, it was withdrawn by the applicant. CONSENT RESOLUTIONS 2. PROPERTY ACQUISITION AT 99TH AND NORTHERN AVENUES This is a request for City Council to adopt a resolution approving the acquisition of 11.48 acres of land located at 99th and Northern avenues from the Flood Control District of Maricopa County. This property is being purchased for the future site of a new groundwater treatment plant to better serve the city's growing water demand. This is also a request for approval to transfer water/sewer contingency appropriation authority and funds. One of Council's strategic goals is a city with high quality services for citizens. The purchase of this property will assist the city in continuing to provide quality drinking water to its customers. The Flood Control District of Maricopa County (FCDMC) has expressed an interest in selling 11.48 acres located at 99th and Northern avenues. The FCDMC first inquired of the city's possible interest in purchasing the site in October 2007 when it was preparing to declare the property as excess and available for sale. The Glendale Utilities Department expressed an interest in the site for a groundwater treatment plant for the west area. Discussions between the FCDMC and city staff have been on-going for the past year. On April 4, 2008, the city sent a letter to the FCDMC serving notice of Glendale's interest in purchasing the parcel. The purchase of this property will ensure future groundwater supply needed to serve Glendale citizens. In addition, it will provide a site that is crucial for the construction of a groundwater treatment plant to serve the west area of Glendale. The 2008 Groundwater Master Plan supports the need for this future plant. 4 The purchase price of the property is $3,894,430 plus customary closing costs. The purchase of this land will be paid over a five-year period including a five percent Annual Option Fee calculated on the unpaid purchase price balance. The initial payment in FY 2008-09 will be funded with water/sewer contingency funds. The funding for the remaining years of the property acquisition will be paid out of the water/sewer capital improvement program. This transaction will require the transfer of contingency appropriation authority and funds in the amount of $708,078 from the FY 2008-09 water/sewer contingency funds. This will result in a reduction of water/sewer fund contingency appropriation authority and fund balance. Account Name, Fund,Account and Line Item Number From: Water/Sewer Fund Contingency, Account No. 2360-11904-510200—$708,078 To: Loop 101 Water Treatment Facility, Account No. 2400-61038- 550400 - $708,078 It is staff's recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign all documents necessary to purchase the property located at 99th and Northern avenues from the Flood Control District of Maricopa County, in the amount of $3,894,430 plus closing costs; and authorize the transfer of$708,078 in water/sewer contingency appropriation authority and funds. Resolution No. 4247 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 CITY TO ACQUIRE REAL PROPERTY BY ENTERING INTO AN AGREEMENT FOR OPTION AND SALE OF EXCESS REAL PROPERTY WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR PROPERTY LOCATED SOUTH AND WEST OF THE INTERSECTION OF NORTHERN AND 99T11 AVENUES IN THE CITY OF GLENDALE. 3. INTERGOVERNMENTAL AGREEMENT—GLENDALE AREA DRAINAGE/STORM WATER MASTER PLAN This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement (IGA) with The Flood Control District of Maricopa County (FCDMC) to participate in the cost of the Glendale Area Drainage/Storm Water Master Plan Study. Two of the strategic goals for Council are to provide one community with strong neighborhoods and provide a high quality of service to citizens. This study will assess the drainage capacity of the existing drainage system and current storm water flows. The Storm Water Master Plan prepared by Camp Dresser& McKee, Inc. was adopted by the city in 1986. In 1987 this plan was modified by the Glendale-Peoria Area Drainage Master Plan. The plan was also modified in 1997 by the FCDMC's Maryvale Area Drainage Master Plan which 5 covers the area between the Interstate 10, Arizona Canal Diversion Channel, Interstate 17 and the Agua Fria River. The current master plan is more than 20 years old and needs to be updated to include modifications made to the plan since it was adopted and to account for any land use changes that would affect the volume of storm runoff. This is a city-wide study that includes a regional component as it ties into flows\systems outside of Glendale. This study will recommend and prioritize future projects to improve drainage in the form of reduced street and neighborhood flooding, improved traffic flow during storms, and reduced damage to city streets. The total study cost is approximately $1,000,000. Per the IGA, the FCDMC upon approval of the IGA, will remit a payment to the City of Glendale in the amount $250,000, an additional $250,000 will be remitted upon completion of the study, for a total remittance of$500,000. The remittances will be deposited in Account No. 2180-79004-455800. Funds for the total cost of the study are available in the FY2008-09 capital improvement plan ($500,000 from Glendale and $500,000 from FCDMC). There are no operating costs associated with this project once it is completed. It is staffs recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with the Flood Control District of Maricopa County to fund the Glendale Area Drainage Master Study. Resolution No. 4248 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORI-ZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE GLENDALE AREA DRAINAGE / STORM WATER MASTER PLAN. 4. INTERGOVERNMENTAL AGREEMENT-NORTHERN AVENUE STORM DRAIN 47th TO 63rd AVENUES This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement (IGA) with The Flood Control District of Maricopa County (FCDMC) to participate in the cost of the construction of the Northern Avenue Storm Drain from 47th to 63rd avenues. Two of the strategic goals for Council are to provide one community with strong neighborhoods and provide a high quality of service to citizens. This project will address the annual drainage problems occurring between Northern and Glendale avenues. This section of the Northern Avenue storm drain (47th to 63rd avenues) will intercept the storm water between Olive and Northern avenues that currently ends up at Glendale Avenue. This is one of the major storm drains recommended in the Maryvale Area Drainage Master Plan to 6 relieve flooding south of Northern Avenue. This contract will allow the city to improve the drainage of Northern Avenue in this area for the adjoining neighborhoods. On June 10, 2008, Council approved a construction manager at risk design phase services agreement with Sundt Construction, and a professional services agreement with Stantec Consulting Inc., for the addition of a waterline into the project. On March 28, 2006, Council approved a contract with Stantec Consulting, Inc. for the design of a storm drain system in Northern Avenue, from 47t to 63`d avenues. Construction of the storm drain will improve the traffic flow on Northern Avenue during storms by reducing the amount of water on the streets. The project will also improve the street drainage in the neighborhood surrounding this project. The total estimated cost of the storm drain project is $18,000,000. Per the IGA, upon award of the construction contract and receipt of an approved invoice from Glendale, Maricopa County Flood Control District will remit to the city $7,000,000, their share of the construction contract amount, to be deposited in Account No. 2180-79008-455800. Funds for the construction of this project are available in the FY2008-09 and FY2009-10 capital improvement plan ($11,000,000 from Glendale and $7,000,000 from FCDMC). There are no operating costs associated with this project once it is completed. It is staff's recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with The Flood Control District of Maricopa County to participate in the cost of the construction of the Northern Avenue Storm Drain from 47th to 63`d avenues. Resolution No. 4249 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORI-ZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE NORTHERN AVENUE STORM DRAIN — 4717 AVENUE TO 63RD AVENUE. 5. INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE HISTORIC PRESERVATION OFFICE AND MARICOPA COUNTY CONSORTIUM This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona State Historic Preservation Office (SHPO) and Maricopa County Consortium, to allow the city to conduct its own historical clearance process for city projects funded with U.S. Department of Housing and Urban Development (HUD) funds. This item addresses the Council goal of one community with strong neighborhoods. By allowing city staff to administer State of Arizona Historic Preservation (SHPO) historical clearance 7 regulations, it will streamline the approval process for eligible Glendale residents resulting in a quicker response under the HUD-funded housing rehabilitation and/or emergency repair programs. By entering into an Intergovernmental Agreement (IGA) with SHPO and the Maricopa County Consortium, city staff will be able to conduct the necessary review and locally approve projects. The approval of this process will result in a streamlined procedure and will help provide quality customer service to our citizens at no additional cost. Eligible housing related projects, such as Habitat for Humanity's Infill Housing and Glendale's Replacement Housing Programs are required to be reviewed and approved by the State Historic Preservation Office. Staff will be reporting all of Glendale's historical clearances to SHPO on an annual basis. Approval of this agreement will result in a quick turnaround time for housing rehabilitation and emergency repair assistance. This action will not obligate the city and/or qualified Glendale residents to any additional federal, state, or local historic preservation requirements. The city will not incur any additional training expenses by entering into this IGA. City staff has completed the Environmental Review training provided by HUD's Federal Environmental Office. Additionally, under this agreement there will be no additional historic preservation requirements (other than those currently in place) on properties qualified to use HUD funding. This will improve customer service to qualified residents and expedite the review time. This item was previously reviewed with the Glendale Historic Preservation Commission and the City of Glendale's Planning Department's Historic Preservation Officer. The adoption of this agreement will allow the city to expedite the historic review process on HUD funded housing construction projects. This review will now be completed by Community Revitalization staff in conjunction with the city of Glendale's Historic Preservation Officer. It is staffs recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with Arizona State Historic Preservation Office and Maricopa County Consortium. Resolution No. 4250 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, SUPPORTING AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE AND THE ARIZONA STATE HISTORIC PRESERVATION OFFICES REGARDING HUD-FUNDED PROGRAM ACTIVITIES. Mr. Leonard Clark, an El Mirage resident, spoke on items 2, 3, 4 and 5. He stated his strong support for these items. He commented on how Glendale streets use to flood until the Army Core of Engineer's projects came on line. He stated the city has prospered greatly under the excellent leadership of the Council. 8 It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 2 through 5, including the approval and adoption of Resolution No. 4247 New Series, Resolution No. 4248 New Series, Resolution No. 4249 New Series, and Resolution No. 4250 New Series. The motion carried unanimously. ORDINANCES 6. OFFICIAL SUPPLEMENTAL ZONING MAP ZMA-15 Mr. Jon Froke, AICP, Planning Director presented this item. This is a request for City Council to adopt an ordinance and approve Official Supplemental Zoning Map ZMA-15. Zoning Map Amendments and accurate zoning district boundaries help achieve one community with strong neighborhoods and a city with high quality services for citizens. The Official Zoning Map of the City of Glendale is part of the Zoning Ordinance and identifies the official zoning district boundaries for all property within the city. The zoning district designations on the map are formally amended by Council through the adoption of an ordinance. Since February 2007, Council has adopted ordinances at the same time as the rezoning case. For cases prior to February 2007, staff updates the map to reflect Council's approval of individual zoning applications as they are approved. These map updates are periodically brought to Council for a formal map amendment when rezoning stipulations have been completed. Council approved the eight rezoning applications shown on ZMA-15 between September 1996 and November 2003. Official Supplemental Zoning Map ZMA-15 will formally amend the zoning map to reflect these changes. The community benefits from the formal map amendments by providing accurate zoning district boundaries on the map. It is staffs recommendation to waive reading beyond the title and adopt the ordinance for Official Supplemental Zoning Map ZMA-15. Ordinance No. 2681 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 THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA BY ADOPTING OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-15, WHICH AMENDS THE ZONING ON SPECIFIC PROPERTIES; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Knaack, and seconded by Frate, to approve Ordinance No. 2681 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. 9 REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, and seconded by Frate, to hold a City Council Workshop at 8:30 a.m. in Room B-3 of the City Council Chambers on Wednesday, April 29, 2009, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Ms. Athena Salman and Mr. Nick Drews, Glendale residents, commented on the importance of higher education. Mr. Drew stated they were here representing ASU students and the Arizona Student's Association. Ms. Salman noted they were also members of the Arizona Voters for Higher Education. Mr. Drew commented on the current economic crises and the effect it has had on higher education. He explained that as a student and member of the community, he was ready to see long term solutions for education prioritized by their elected officials. Ms. Salman noted that the Arizona Voters for Higher Education believe education is the solution for a great economy. She explained that in the next 20 years, half of all new jobs will require a degree beyond high school. She noted Arizona would need to double its degree production in order to be competitive in the global economy. Mr. Drew stated as mandated by the state constitution, the state should provide proper funding to public universities. Ms. Salman explained the recent tuition increases and how they will affect members of the community. Mr. Gus Squire, a Glendale resident, stated he was present to publicly thank the Council for staying on course with the courthouse project. He explained it was of vital importance not only to the business community, but also to the 11,000 residents who lived in the Centerline project area. He noted it was their hope this project will revitalize the neighborhoods and the surrounding businesses. Mr. Leonard Clark, an El Mirage resident, commented on the economy and the casino. He stated he hopes a resolution can be reached with the City of Glendale leading the way. He believes Glendale is one of the best run cities in the state and a great role model. He remarked on memorials for fallen public servants and how the cites should do something to honor them. He commented on the ASU West Campus and how they should do something to keep it in west Glendale. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark invited everyone to her Spring District Meeting on Thursday, April 23, 2009, at 6:30 at Coyote Ridge Elementary School. She stated they will be discussing two very important topics, the budget process and the Indian Reservation issue. Councilmember Frate reminded everyone to please watch children around water. 10 Councilmember Knaack commented on her Glendale Today Television show, focusing on going Green. She explained she had left her green t-shirt on to call attention to the environment and how people could get involved in saving on water, utilities, and much more. She thanked the Channel 11 staff for all the work they do in bringing the television show to the citizens to educate and inform. She encouraged everyone to watch the program, which will be airing shortly. She also invited everyone to check the Glendale website to find out about all the different information available. Mayor Scruggs thanked the Apollo High School Student Council for attending the meeting tonight. She hopes they learned something about the important topics discussed and what is being done in Glendale's community. ADJOURNMENT There being no further business, the meeting was adjourned at 7:35 p.m. Pamela Hanna- City Clerk 11