Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/24/2009 GLENfitE MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue November 24,2009 7:00 p.m. The meeting was called to order by Vice Mayor Manuel D. Martinez, with 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. Vice Mayor Martinez welcomed Boy Scout Troop 365. The troop is working on their Citizenship in the Community merit badge. The scouts present included Nolan Anderson, Danny Fisher, Nate Fisher, Billy Heller, Joshua Hooshmand, Michael Hooshmand, John Pfeifer, Tyler Sypherd, Carter SZukala, Brian Titzler, David Titzler, John Upson, Nick Mayers and Michael Smyser. The adults included Diana Hooshmand, Mike Hooshmand, Tom Szukala, Fred Pfeifer, Gary Sypherd, Steve Mayers, Douglas Dowd, Jeff Heller and Shari Fisher. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 8 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 OCTOBER 27, 2009 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the October 27, 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. BOARDS, COMMISSIONS AND OTHER BODIES BOARDS, COMMISSIONS AND OTHER BODIES This is a request for City Council to approve the recommended appointments to the following boards, commissions and other bodies that have a vacancy or expired term and for the Mayor to administer the Oath of Office to those appointees in attendance. Effective Expiration Aviation Advisory Commission William Kelly Barrel Reappointment 11/24/2009 11/24/2011 Carl Dietzman—Chair Ocotillo Reappointment 11/28/2009 11/28/2010 William Scott—Vice Chair Mayoral Reappointment 11/28/2009 11/28/2010 Citizens Transportation Oversight Commission Allan DeFranco Cholla Reappointment 11/25/2009 11/25/2011 Glendale Municipal Property Corporation Ron Cantrell Yucca Reappointment 12/01/2009 12/01/2010 Art Dobbelaere Cholla Reappointment 12/01/2009 12/01/2010 Leland Peterson Cactus Reappointment 12/01/2009 12/01/2010 Roger Schwierjohn Barrel Reappointment 12/01/2009 12/01/2010 Library Advisory Board Sarah Mitchell—Teen Cactus Appointment 11/24/2009 05/27/2010 The recommendation is to make appointments to the boards, commissions and other bodies and administer the Oaths of Office. It was moved by Lieberman, and seconded by Frate, to appoint William Kelly, William Dietzman and William Scott to the Aviation Advisory Commission; Allan DeFranco to the Citizens Transportation Oversight Commission; Ron Cantrell, Art Dobbelaere, Lelan Peterson and Roger Schwierjohn to the Glendale Municipal Property Corportation; and Sara Mitchell to the Library Advisory Board, for the terms listed above. The motion carried unanimously. CONSENT AGENDA Items on the consent agenda are of a routine nature or have been previously studied by the City Council at a work session. They are intended to be acted upon in one motion. Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 9 asking that item #5 be heard separately. 1. LIQUOR LICENSE NO. 3-1272, PIE ZANOS GOURMET PIZZA KITCHEN This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license. Pie Zanos Gourmet Pizza Kitchen is located at 7350 West Bell Road. The Arizona 2 Department of Liquor Licenses and Control application (No. 12078145) was submitted by Jeffrey Scott Dykstra. The location of the establishment is 7350 West Bell Road and is located within the Sahuaro District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 11,156. This series 12 is a new license, therefore, the approval of this license will increase the number of liquor licenses in the area by one. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 03 Domestic Micro - Brewery 2 06 Bar- All Liquor 3 07 Bar - Beer and Wine 1 09 Liquor Store - All Liquor 2 10 Liquor Store - Beer and Wine 6 12 Restaurant 24 Total 38 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 2. LIQUOR LICENSE NO. 3-1273, JOE'S QUICK STOP This is a request for City Council to approve a new, non-transferable series 10 (Liquor Store - Beer and Wine) license. Joe's Quick Stop is located at 6204 North 43`d Avenue. The Arizona Department of Liquor Licenses and Control application (No. 10075860) was submitted by Issa Y. Habhab. The location of the establishment is 6204 North 43`d Avenue and is located within the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 27,140. This series 10 is a new license, operating with an interim permit, therefore, the approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar - All Liquor 3 07 Bar - Beer and Wine 1 09 Liquor Store- All Liquor 3 10 Liquor Store- Beer and Wine 9 3 12 Restaurant 4 Total 20 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. LIQUOR LICENSE'NO. 3-1274, WAL-MART NEIGHBORHOOD MARKET This is a request for City Council to approve a person-to-person, location-to-location transfer series 9 (Liquor Store - All Liquor) license. Wal-Mart Neighborhood Market is located at 7450 West Glendale Avenue. The Arizona Department of Liquor Licenses and Control application (No. 09070464) was submitted by Clare Hollie Abel. The location of the establishment is 7450 West Glendale Avenue and is located within the Ocotillo District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 16,031. Wal-Mart is currently operating with a series 10 liquor license, therefore, the approval of this license will not increase the number of liquor licenses in the area. The series 10 will be surrendered upon approval of this series 9 license. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar- All Liquor 1 10 Liquor Store- Beer and Wine 5 Total 6 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 4. WINE FESTIVAL LICENSE, KOKOPELLI WINERY, GLENDALE GLITTERS SPECTACULAR WEEKEND, NOVEMBER 27 AND 28, 2009 4 This is a request for City Council to approve a wine festival license for Kokopelli Winery. The event will be held in downtown Glendale at 58th Avenue and Glenn Drive on Friday, November 27 and Saturday, November 28, from 4:00 p.m. to 10:00 p.m. The purpose of this wine festival license is for Kokopelli Winery to participate at Glendale Glitters Spectacular Weekend. If this license is approved, the total number expended by this applicant will be 23 of the allowed 25 licenses per calendar year and 68 of the allowed 75 days per calendar year. Under the provisions of A.R.S. § 4-203.03, the Arizona Department of Liquor Licenses and Control may issue a wine festival license only if the Council recommends approval of such license. Based on the information provided under the background, it is stalls recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 6. SPECIAL EVENT LIQUOR LICENSE, GLENDALE ARTS COUNCIL, RECEPTION FOR ART EXHIBIT, JANUARY 22, 2010 This is a request for City Council to approve a special event liquor license for the Glendale Arts Council. The event will be held at Sahuaro Ranch Park located at 9802 North 59th Avenue on Friday, January 22 from 7:00 p.m. to 9:00 p.m. The purpose of this special event liquor license is a reception for an art exhibit with live music held indoors. If this application is approved, the total number of days expended by this applicant will be one of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. The City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. Based on the information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 7. PROFESSIONAL SERVICES AGREEMENT: PARKS AND RECREATION MASTER PLAN UPDATE This is a request for City Council to award a Professional Services Agreement to Olsson Associates to complete the Parks and Recreation Master Plan Update. This item addresses the Council strategic goal of one community with high quality services for citizens. The updated plan will be designed to provide timely and modernized approaches and business practices to meet community parks and recreation needs today and for the future in the areas of program service delivery, operations and maintenance of existing assets and expansion as needed. 5 The City of Glendale provides 89 parks and green spaces, various aquatics facilities, recreation centers, golf courses, and historical landmarks that encompass over 2,100 acres throughout the community. On February 26, 2002, the City Council adopted a Parks and Recreation Master Plan. Due to the growth and changes in the community since that time, an update of the current Master Plan is needed. The Parks and Recreation Master Plan Update will identify community needs, potential partnerships and funding resources for future parks and recreation services including care of existing facilities and programs. The Parks and Recreation Department recently advertised a Request for Proposal to solicit consulting firms to work with staff to complete a comprehensive update to the existing Parks and Recreation Department Master Plan. Eight proposals were received and reviewed by a panel that included staff from the Parks and Recreation, Engineering, and Planning Departments, the Chairperson of the Parks and Recreation Advisory Commission and an external engineering representative. Three finalist firms were then interviewed by the panel. As a result, Olsson Associates was selected because of its expertise in master planning development, focus on community input, experience of team members, and local knowledge of the community. In July 2009, the Parks and Recreation Department advertised a Request for Proposal to select a consulting firm to prepare a comprehensive update of the existing Parks and Recreation Master Plan. At the November 18, 2008, City Council Workshop meeting, Council provided guidance to staff regarding its priorities for updating the current Parks and Recreation Master Plan. At the April I, 2008, and April 22, 2008, City Council Workshop meetings, the Council requested that it provide strategic direction to staff regarding priorities that should be addressed in the upcoming Parks and Recreation Master Plan Update process. The master plan update process will provide significant opportunities for Council and the community to provide input on the direction and priorities for existing and future parks and recreation services. Parks and Recreation offer an array of opportunities for healthy living, providing safe places to play and develop positive life skills, protecting open space, and enhancing neighborhood pride and involvement throughout the community. The updated plan will provide direction regarding the current and future park and recreation services and amenities offered to the community. Funding for the Parks and Recreation Master Plan Update is included in the FY 2009-10 Capital Improvement Program. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $133,785 6 Account Name, Fund,Account and Line Item Number: Parks Master Plan, Account No. 2060-70542-551200, $133,785 The recommendation is to authorize the City Manager to enter into a Professional Services Agreement with Olsson Associates for the Parks and Recreation Master Plan Update in the amount not to exceed $133385. 8. PROFESSIONAL SERVICES AGREEMENTS: SEWER AND MANHOLE REHABILITATION-PHASES I AND II This is a request for City Council to approve two professional services agreements: one with Project Engineering Consultants to provide design and construction administration services in Phase I, and one with Brown and Caldwell for design and construction administration services in Phase Il for sewer line and manhole rehabilitation. The project is needed to rehabilitate several aging sewer lines and manholes throughout the city which will help to keep the city compliant with existing regulations and protect public health. One of Council's strategic goals is one community with high quality services for citizens. These agreements will allow the city to continue to provide high quality services by either providing new sewer lines and manholes or rehabilitate them; either action will reduce sewer line breakage and the potential for emergency shut downs. The diversion and metering stations are no longer required for sewer network operation and need to be properly abandoned to prevent further deterioration. The diversion structure at the 831d Avenue and Camelback Road location will require a permanent 48" bypass pipeline and manholes to be installed in Camelback Road to complete the abandonment. The scope of work for Project Engineering Consultants will also include abandonment of one sewage diversion/metering structure located at 83`d Avenue and Camelback Road and two metering stations at 75th Avenue and Camelback Road. Project Engineering Consultants and Brown and Caldwell were selected from the Pre-Qualified Engineering Consultant On-Call List. The Engineering Consultant On-Call List was developed from the Request for Qualifications submittals that were evaluated in late 2008 and the list became active in January 2009. This project will significantly benefit the community by enhancing the integrity of the sewer line infrastructure, minimizing breakage and service interruptions, and improve customer service. Funding is available in the FY 2009-10 Capital Improvement Plan. Operating costs associated with this project once completed are minimal and will be absorbed by the Utilities Department operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $688,577 7 Account Name, Fund,Account and Line Dem Number: Sewer Line Replacement, Account No. 2420-63016-550800, $688,577 The recommendation is to authorize the City Manager to enter into two professional services agreements for the Sewer and Manhole Rehabilitation Project Phases I and II in an amount not to exceed $688,577: one agreement with Project Engineering Consultants for Phase I in an amount not to exceed $453,540; and one agreement with Brown & Caldwell for Phase II in an amount not to exceed $235,037. 9. CITY ATTORNEY EMPLOYMENT AGREEMENT This is a request for City Council to approve the agreement between the City and the City Attorney. The City Attorney was hired under an employment agreement in 2006. Employment continues under that previous agreement. The new employment agreement reflects the current agreement between the City and the City Attorney, which will continue until a new form of agreement is required. The recommendation is to authorize the Mayor to execute the employment agreement. It was moved by Prate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4 and 6, including to forward Liquor License Application No. 3-1272 for Pie Zanos Gourmet Pizza Kitchen, No. 3-1273 for Joe's Quick Stop, No. 3-1274 for Wal-Mart Neighborhood Market and Special Event Liquor License Applications for Kokopelli Winery at the Glendale Glitters Spectacular Weekend and the Glendale Arts Council for a reception art exhibit to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 5. SPECIAL EVENT LIQUOR LICENSE, FAITH INTERNATIONAL ORPHAN RELIEF, TAILGATE AND NEW YEAR'S EVE PARTIES, DECEMBER 6, 27, AND 31, 2009 Horatio Skeete, Deputy City Manager presented this item. This is a request for City Council to approve a special event liquor license for the Faith International Orphan Relief. The event will be held at Westgate City Center located at 6770 North Sunrise Boulevard on Sunday, December 6 from 10:00 a.m. to 3:00 p.m.; Sunday, December 27 from 10:00 a.m. to 3:00 p.m.; and Thursday, December 31 from 5:00 p.m. to 2:00 a.m. The purpose of this special event liquor license is for Tailgate and New Year's Eve Parties. If this application is approved, the total number of days expended by this applicant will be three of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the 8 Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. The City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. Councilmember Clark asked if the time change reflected longer hours for the event. Mr. Horatio Skeete, Deputy City Manager, replied that she was correct. It was moved by Lieberman and seconded by Clark to approve the Special Event Liquor License for Faith International Orphan Relief tailgate and New Year's Eve parties and forward the application to the Arizona Department of Liquor Licenses and Control with a recommendation for approval. The motion carried unanimously. CONSENT RESOLUTIONS Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 10 through 15 by number and title. Lieberman requested item number 10 be heard separately. 10. INTERGOVERNMENTAL AGREEMENTS —SCHOOL RESOURCE OFFICERS This is a request for City Council to adopt a resolution authorizing the City Manager to enter into two intergovernmental agreements (1GAs) with local school districts to assign Glendale Police Officers to the campuses as School Resource Officers (SROs). The presence of SROs at these schools is a positive approach to promoting public safety and awareness, and meets the Council goal of a city with high quality services for citizens. The IGAs will continue the assignment of one officer to each of the schools during the FY 2009- 10. Glendale Union High School District has SROs at Apollo High School, Glendale High School and Independence High School. Glendale Elementary School District has SROs at Challenger Elementary School and Landmark Elementary School. The assigned officers participate in educational programs, which aid students in dealing successfully with peer pressure, child abuse, gangs, drug awareness, and other related issues. The officers will investigate school-related criminal activities and assist school administrators in addressing these matters. The officers work on campus while school is in session. During the summer break officers will complete duties assigned by the Police Department. 9 SROs have been assigned to the schools and IGAs have been approved each year since 1992. This partnership allows the Police Department to continue educational efforts in local schools while increasing police visibility and the presence in the community. Both districts received grant funding, which will fully pay for the officers' salaries and benefits during the schools FY 2009-10. There is no cost to the city for this program. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into two intergovernmental agreements with local school districts to assign Glendale Police Officers to the campuses as School Resource Officers. Resolution No. 4321 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 TWO INTERGOVERNMENTAL AGREEMENTS FOR SCHOOL RESOURCE OFFICERS TO AID IN REDUCING CRIME THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT WITH THE FOLLOWING DISTRICTS: (1) GLENDALE UNION HIGH SCHOOL DISTRICT FOR THE ASSIGNMENT OF ONE POLICE OFFICER AT APOLLO HIGH SCHOOL, GLENDALE HIGH SCHOOL AND INDEPENDENCE HIGH SCHOOL; AND (2) THE GLENDALE ELEMENTARY SCHOOL DISTRICT NO. 40 FOR THE ASSIGNMENT OF ONE POLICE OFFICER AT CHALLENGER ELEMENTARY SCHOOL AND LANDMARK ELEMENTARY SCHOOL. 12. 2009 BULLETPROOF VEST PARTNERSHIP GRANT This is a request for City Council to adopt a resolution authorizing the Police Chief to accept a 2009 Bulletproof Vest Partnership (BVP) Grant in the amount of $4,174 from the Bureau of Justice Assistance. This request supports the Council strategic goal of one community committed to public safety by providing the Police Department additional means to provide officers with bulletproof vests. This grant is a yearly award that assists the Police Department with a portion of funding for bulletproof vests. The officers are on a five year replacement plan for their vests. The officers purchase vests that have been approved by the Police Department and are reimbursed up to $700. There is no financial match required for this grant. Funding for vests not covered under this grant are available in the Police Department's operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $4,174 10 Account Name, Fund, Account and Line Item Number: Bulletproof Vest Partnership, Account No. 1840-33121-521000, $4,174 The recommendation is to waive reading beyond the title and adopt a resolution authorizing the Police Chief to accept a 2009 Bulletproof Vest Partnership Grant in the amount of$4,174 from the Bureau of Justice Assistance. Resolution No. 4322 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 2009 BULLETPROOF VEST PARTNERSHIP GRANT OFFER IN THE AMOUNT OF $4,174 FROM THE BUREAU OF JUSTICE ASSISTANCE FOR THE GLENDALE POLICE DEPARTMENT. 13. ACCEPTANCE OF 2010 GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR DUI ENFORCEMENT This is a request for the City Council to adopt a resolution authorizing the City Manager to accept and administer the 2010 Governor's Office of Highway Safety (GOHS) DUI Enforcement grant award in the approximate amount of$50,000. This request supports the Council strategic goal of one community committed to public safety by providing the Police Department a means to focus on DUI enforcement and education. This grant award will support the Police Department by providing overtime funding for personnel during the holiday DUI task force. This will allow the department to increase the number of hours officers dedicate specifically to DUI enforcement and education. On December 23, 2008 Council authorized acceptance of a grant from GOHS for the 2009 DUI holiday task force in the amount of$50,000. This grant will benefit the citizens of Glendale by allowing the Police Department to use more resources and extend hours enforcing DUI laws. There is no financial match required for this grant. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $50,000 Account Name, Fund,Account and Line Item Number: A specific account will be established in Fund 1840, the city's grant fund, once the grant agreements are formally executed. The recommendation is to waive reading beyond title and adopt a resolution authorizing the City Manager to accept and administer the 2010 Governor's Office of Highway Safety DUI Enforcement grant award in the approximate amount of$50,000. Resolution No. 4323 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 2010 DUI ENFORCEMENT GRANT IN THE APPROXIMATE AMOUNT OF$50,000 FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE GLENDALE POLICE DEPARTMENT. 14. ACCEPTANCE OF TWO GRANT AWARDS FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY This is a request for City Council to ratify the acceptance of two grant awards from the Arizona Governor's Office of Highway Safety (GOHS) for training. This request supports the Council strategic goal of one community committed to public safety for citizens by providing the Police Department a means to send officers to training. One of the grant awards, in the amount of $5,000, allowed two officers to attend a Human Factors in Traffic Crash Reconstruction course from November 9-13, 2009 in Tempe, Arizona. The grant will also fund two officers' travel and registration to attend the 2010 National Lifesaver Conference in Philadelphia from April 11-13, 2010. The other grant award, in the amount of $2,500, will allow four officers to attend an Energy Methods and Damage Analysis in Traffic Crash Reconstruction course from December 7-11, 2009 in Tempe, Arizona. The trainings held in Tempe, Arizona are presented by the Institute of Police Technology and Management (IPTM). IPTM is the largest police training center of its kind in the United States. The National Lifesavers Conference is the premier national highway safety meeting in the United States dedicated to reducing accidents on our nation's roadways. These grants are a yearly award by the GOHS. This is the first time they have required a resolution. The training and conference the officers attend will address a wide range of safety issues and will enhance their skills and abilities, which will assist in the reduction of accidents on our city roadways. There is no financial match required for this grant. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $7,500 12 Account Name, Fund,Account and Line Item Number: A specific account will be established in Fund 1840, the city's grant fund, once the grant agreements are accepted. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the ratification of the acceptance of two grant awards from the Arizona Governor's Office of Highway Safety for training. Resolution No. 4324 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, RATIFYING THE ACCEPTANCE OF TWO GRANT AWARDS FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE GLENDALE POLICE DEPARTMENT. 15. INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS FOR CONAIR CORPORATION This is a request for City Council to adopt a resolution approving the proceedings of the Industrial Development Authority of the City of Glendale (IDA) for the issuance of not to exceed $10,000,000 Economic Development Revenue Bonds, Series 2009. Consistent with the Council goal of one community with quality economic development, the expansion of this facility will provide 150 new jobs during phase one of the project, and an additional 200 jobs during phase two. The IDA is empowered to issue the bonds and loan the proceeds from the sale of the bonds to finance "projects" as defined in A.R.S. § 35-701. Conair Corporation's project is suitable under the statute as it is an enterprise for the manufacturing, processing or assembling of manufactured products and is an industrial park facility. Conair Corporation is celebrating its 50`h anniversary. Today, Conair is on six out of seven continents, selling products in over 100 countries. Conair has been at its current location at 7811 North Glen Harbor Boulevard since 1994 including 152 employees. The IDA proposes to issue its revenue bonds in an amount not to exceed $10,000,000 and loan the proceeds received from the sale of the bonds to Conair Corporation to finance a portion of the costs of acquiring and rehabilitating an approximately 600,000 square foot commercial facility located at 7475 North Glen Harbor Boulevard, adjacent to its current location. Conair will use the facility as its national return center and house several new high-technology companies. Under the provisions of A.R.S. § 35-721(B),the proceedings of the IDA for its issuance of bonds require the approval of the Council, as the governing body of the IDA. 13 The IDA held an open board meeting on October 27, 2009, to consider and approve the financing for the issuance of revenue bonds. On October 27, 2009, prior to the meeting, a representative of the IDA conducted a public hearing as required by §147(1) of the Internal Revenue Code of 1986. Conair expects to employ a total of 350 people at this additional facility, which will increase the company's workforce in Glendale to 500 employees. The expansion will result in increased revenues for the city and bring additional quality economic development. Under the provision of A.R.S. § 35-742, Glendale is not liable or obligated for the payment of the debt obligations issued by the IDA. The recommendation is to waive reading beyond the title and adopt a resolution approving the proceedings of the Industrial Development Authority for the issuance of its revenue bonds in an amount not to exceed $10,000,000 for the benefit of Conair Corporation. Resolution No. 4325 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ISSUANCE AND SALE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE, ARIZONA, OF NOT TO EXCEED $10,000,000 OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS (CONAIR CORPORATION PROJECT), SERIES 2009. It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 11 through 15, including the approval and adoption of Resolution No. 4321 New Series, Resolution No. 4322 New Series, Resolution No. 4323 New Series, Resolution No. 4324 New Series, and Resolution No. 4325 New Series. The motion carried unanimously. 10. AUTHORIZATION TO SELL GENERAL OBLIGATION BONDS Horatio Skeete, Deputy City Manager presented this item. This is a request for City Council to adopt a resolution ordering the sale by competitive bid of general obligation bonds in an amount not to exceed $43 million. The bond proceeds will fund various projects already in progress that are included in the city's adopted Capital Improvement Plan (CIP). In November of 1999 and May of 2007, voters of Glendale authorized the issuance of $582 million of bonds for various capital improvements in the city including public safety, flood control projects, park improvements, and government facilities. The city then sells the bonds as they are needed to implement the approved capital improvement plan. This issuance of $43 million of bonds is included in the current fiscal year adopted CIP as reflected in the FY 2010 budget book and includes downtown land acquisition, downtown redevelopment and government facilities maintenance in the 6% category. Projects included in 14 the 20% category are the fire station relocation, Court building, Northern Avenue drainage from 45th to 63`d, Sahuaro Ranch Park improvements, Thunderbird Park improvements, and Western Area Regional Park amenities and infrastructure development. The bonds will be secured by the City of Glendale and are payable from property taxes levied on all taxable property within the city. Contingent upon Council's approval, staff will proceed with the publication of the resolution ordering the sale of the bonds. Staff will also prepare and publish an "Official Statement" for the bonds. The statement will be sent out to potential underwriting firms who are interested in buying the city's bonds. In addition, staff will present the rating agencies with information about the financial strengths of the city and staff will work in conjunction with the city's financial advisor and bond counsel to monitor the changes in the marketplace and legal disclosure issues that may arise. It is currently anticipated that underwriting bids will be received on December 8, 2009. Once the proposals are received from the underwriting firms, staff will evaluate and verify the bids received to assure their accuracy and benefit to the city. These bids will then be brought to the Council for review. The Council can accept the lowest, most responsive bid by adopting the bond ordinance, which is currently scheduled for consideration at the December 8, 2009, meeting. Budgeted CIP projects that will be funded by this transaction include public safety, parks, flood control and governmental facilities projects. The bonds will be paid from the city's secondary property tax rate. There will be no increase in the city's total property tax rate as a result of the issuance of the proposed general obligation bonds. The recommendation is to waive reading beyond title and adopt a resolution ordering the sale by competitive bids not to exceed $43 million of general obligation bonds. Councilmember Lieberman asked Mr. Horatio Skeete, Deputy City Manager, for what interest rate the bonds would sell. Mr. Skeete replied that the traditional rate they were targeting was about 425%. Additionally, the sale option will include some build America bond opportunities. This will allow them to obtain a 35% rebate on the interest payments. Councilmember Lieberman asked if they hoped to pay them off in five years. Mr. Skeete replied that the bonds issued were for 20 years. Councilmember Lieberman asked what amount was the first annual payment. Mr. Skeete stated that the payments would depend on the interest rates. Staff will provide more details at the next Council meeting on December the 8`h. Councilmember Lieberman questioned why they were being asked to vote on this now when the information will be provided at the next meeting. He remarked he was very upset to learn they were being asked to vote on $43 million of general obligation bonds on very short notice. He inquired if this was because of some sort of emergency. 15 Mr. Ed Beasley, City Manager, responded to Councilmember Lieberman's concerns. He explained that these projects had been authorized by Council during the budget process. Some of these projects deal with the Courthouse and other Council goals. The emergency stems from projects being at a final stage and their requirement to be paid as per Council's direction. Councilmember Lieberman indicated that he was still not clear on why this was necessary. He explained this was a huge bond issue and asked what they anticipate the annual payments to be. Mr. Skeete stated that the structured payments would start at $2 million dollars and increases with the expected increase in property assess evaluation and revenue. He added that the $2 million was not a fixed payment across the board. Councilmember Lieberman stated that in 20 years he anticipates the $43 million is worth $74.6 million and $2 million a year will not be able to pay it off. He noted that it will not even pay off the principal. Mr. Skeete reiterated that the payments will gradually increase and the estimated payment was about $59 million over the 20 year period. Councilmember Lieberman expressed his concern with the current housing market and its ability to bounce back any time soon. He inquired as to the other projects that will benefit from these bonds. Mr. Skeete stated these projects were listed in the five year capital improvement budget plan. The projects include the Courthouse for $12 million, Fire Station for $6 million, $14 million in flood control projects, $3.7 million for the Bethany Home project, $1 million in local drainage projects, $2.3 million for park improvement projects and about $1.8 million in land acquisitions. He noted that all these projects have been reviewed and approved by Council in the five year capital improvement plan. Councilmember Lieberman remarked that he was still concerned when the rate increases to 6% instead of the 4.5% and more difficult to pay off. He asked how much debt service the city is paying for non-enterprise funds this fiscal year. Mr. Beasley replied that they do not have that information at the moment, however, will provide it for him after the meeting. Mr. Beasley asked to explained several points made by Councilmember Lieberman. He stated the reason for the emergency clause was because it was important to secure a good rate. He explained that the CIP program was not only fluid but is reviewed annually to reaffirm what is invested. Ms. Pam Kavanaugh, Assistant City Manager, stated that this bonds process was approved by voters in November of 1999 and again in May of 2007. This information was also included in the CIP that was brought forward to Council in the 2010 budget process. Councilmember Lieberman remarked that in 1999 the nation did not face what it was facing today. He noted that things were very different and wished the Council had been briefed beforehand, such as in a workshop setting, instead of asking for a vote at an evening meeting. Councilmember Clark thanked Mr. Skeete for taking the time to explain these issues. However, many of the projects mentioned were projects that have already been completed and reviewed when they had budget discussions in the spring. She asked Mr. Skeete to explain how these funds were paid for since the public might believe this could affect the city's operating budget. Mr. Skeete explained that the funding for capital improvement projects and repayment of the $43 million in bond issue is collected from the secondary property tax. These funds cannot be used for any operating budget and do not impact the ongoing operating budget. Councilmember Clark reiterated for the public that the $43 million in bonds did not affect the city's operating budget. In addition, no money from the general fund will be used to support the payment on these bonds. She noted that staff had predicted further declines in the secondary assess valuation, however, 16 was still comfortable issuing the bonds and believed there was the capacity to repay the bonds even with the decline projected. Mr. Skeete stated that she was correct. Councilmember Goulet commented that he was comfortable with this decision and approved the projects mentioned in the CIP program. However, he and some of his constituents were concerned with the city adding additional debt and the repercussions of that decision. He asked if this had the potential to affect their bond rating as a city. Mr. Skeete indicated that they were confident in the city's strong financial position in current circumstances. He explained that the CIP program was created with adequate fund balances in place to fund the repayment of existing debt service. The CIP program has a 10 percent fund balance requirement that has been extended for the next five years. He indicated that even with poor economic projections, they will still be able to make the existing debt payments without impacting the city's budget. He restated that they do not see a problem meeting their obligations. Additionally the city's bond rating is a Double A rating? Vice Mayor Martinez thanked Mr. Skeete for his explanation and clarification on this issue. He stated that this material has already been brought before Council for review. However, information that has been reviewed weeks or months ago is difficult to understand quickly when brought up freshly. He believes that based on the information received, he perceives no problem in the city meeting its obligation concerning the bonds. He indicated that staff has proven themselves with exceptional planning and believes in their ability. Councilmember Lieberman asked if the contractors for the Courthouse and Fire Station have been paid in full. Mr. Skeete responded yes. Councilmember Lieberman inquired what funds were being used to pay back that payment. Mr. Skeete stated the general fund will be paid back from the $43 million, which is a very common practice. He noted that this avoids the city having to pay interest. Councilmember Lieberman asked how much will be paid back to replace the general fund. Mr. Skeete stated he did not have that information with him; however, the money was spread across the general fund and the capital fund balance. He indicated that they just completed a preliminary audit for last fiscal year and the fund balance taken for final review was in excess of $50 million dollars. Councilmember Clark asked for clarification on the usage of the city's general fund since she just finished reassuring the public that the general fund was not used to pay off bond debt. Mr. Skeete explained that there were a variety of accounts, including the general fund, which was used to manage the city's cash flow situation. Councilmember Clark remarked that she understood the process, however, wanted to make clear that any funds expended from the general fund will be replaced by a portion of the $43 million in bonds. Mr. Skeete stated she was correct and added that this activity did not affect any of the city's budget operation. Councilmember Clark noted she felt it was important the public fully understood that these were two separate operations and do not affect the daily operation of the city. Resolution No. 4320 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 THE SALE OF NOT TO EXCEED 43,000,000 PRINCIPAL AMOUNT OF CITY OF GLENDALE, ARIZONA, GENERAL OBLIGATION BONDS, SERIES 2009; AUTHORIZING CERTAIN OTHER DOCUMENTS AND THE TAKING 17 OF CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ORDER OF SALE; AND DECLARING AN EMERGENCY. It was moved by Frate and seconded by Knaack to pass, adopt and approve Resolution No. 4320 New Series. The motion carried with Lieberman voting nay. PUBLIC HEARING—LAND DEVELOPMENT ACTIONS 16. GENERAL PLAN AMENDMENT GPA07-11 (RESOLUTION): GLENDALE REGIONAL PUBLIC SAFETY TRAINING CENTER AND MATERIALS RECOVERY FACILITY (PUBLIC HEARING REQUIRED) Jon Froke, AICP, Planning Director presented this item. This is a request by the Glendale Planning Commission for City Council to conduct a public hearing and adopt a resolution to amend the General Plan Land Use Map designation on approximately 159 acres of city owned land from HI (Heavy Industrial) to PF (Public Facility). This General Plan amendment supports the Council goal of one community with high quality services for citizens by supporting the current uses of the Glendale Regional Public Safety Training Center and the Materials Recovery Facility. The properties under consideration are City owned and operated facilities. The Planning Commission recommended approval of the General Plan amendment at their meeting on October 1, 2009. This General Plan amendment will bring the General Plan Land Use Map designations for each facility into conformance with their current uses ensuring that the continued operations of the facilities is supported by the city's General Plan. A notice for the City Council public hearing was published in The Glendale Star on November 5, 2009. On November 6, 2009, the property was posted and informational postcards were mailed to property owners and individuals on the city's Interested Parties lists. The recommendation is to conduct a public hearing, waive reading beyond the title, and adopt a resolution for General Plan Amendment GPA07-11, as recommended by the Planning Commission. Resolution No.4326 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA07-11 FOR PROPERTY LOCATED AT 11550 WEST GLENDALE AVENUE. 18 Vice Mayor Martinez opened the public hearing on Agenda Item No. 16. As there were no comments, Vice Mayor Martinez closed the public hearing. It was moved by Clark, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4326 New Series. The motion carried unanimously. 17. GENERAL PLAN AMENDMENT GPA09-01 (RESOLUTION): BADLEY CENTER— 17910 WEST CAMELBACK ROAD (PUBLIC HEARING REQUIRED) Jon Froke, AICP, Planning Director presented this item. This is a request for City Council to conduct a public hearing and adopt a resolution to amend the General Plan Land Use Map designation on approximately 20.4 acres from LDR (Low Density Residential, 0-1 Dwelling Units Per Acre) to PC (Planned Commercial). The property is located at the northwest corner of Citrus and Camelback roads. This General Plan amendment supports the Council goal of one community with quality economic development by creating an opportunity to provide commercial services for the existing and planned residential land uses in the area. This property is located in an unincorporated land in Maricopa County but is within the city of Glendale Municipal Planning Area Boundary. The applicant is currently processing a rezoning application with Maricopa County and intends to develop a neighborhood shopping center. There are no plans for the city of Glendale to annex this property at this time. The Planning Commission recommended approval of the General Plan amendment at their meeting on September 3, 2009. This General Plan amendment will allow the development of a variety of commercial businesses within a 20.4 acre development. The proposed project is located at the intersection of two arterial streets and will serve the existing and planned residential land uses in the area. A notice for the City Council public hearing was published in The Glendale Star on November 5, 2009. On November 6, 2009, the property was posted and informational postcards were mailed to property owners and individuals on the city's Interested Parties lists. The recommendation is to conduct a public hearing, waive reading beyond the title, and adopt a resolution for General Plan Amendment GPA09-0l, as recommended by the Planning Commission. Mr. John Badley, applicant, stated that this piece of land belonged to his grandfather and has been in their family for some time. He stated he was in agreement with staffs conclusion and will answer questions from the Council. Councilmember Clark remarked that she was glad for a supermarket and a gas station on the property. She asked Mr. Badley if he was aware of the nature of the other tenants. Mr. Badley replied that he did not know at this time. 19 Resolution No. 4327 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA09-01 FOR PROPERTY LOCATED AT 17910 WEST CAMELBACK ROAD. Vice Mayor Martinez opened the public hearing on Agenda Item No. 17. As there were no comments, Vice Mayor Martinez closed the public hearing. It was moved by Clark, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4327 New Series. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Lieberman, and seconded by Clark, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, December 1, 2009, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. It was additionally moved to hold a Special City Council Workshop session at 8:30 a.m. on Wednesday, December 2, 2009, at the Glendale Civic Center, Diamond Room A, 5750 W. Glenn Dr. The motion carried unanimously. MOTION TO EXCUSE MAYOR SCRUGGS It was moved by Lieberman, and seconded by Frate, to excuse Mayor Scruggs from tonight's Council meeting. The motion carried unanimously. CITIZEN COMMENTS Mr. Larry Smith, a Phoenix resident, expressed his concerns regarding a structure the city of Phoenix was trying place in their neighborhood. He stated he was here representing the community that will be affected. He remarked that Vice Mayor Martinez has stated this was not a Glendale issue; however, he believes it is since the problem was tied to 59th Avenue and includes the bike lane on the mountain preserve. He explained how the applicant had not done a traffic study on the actual road, but rather on Pinnacle Peak Road. He explained how traffic concerns stemmed from traffic overflow from the Latter Day Saints Church. He noted this adds 900 to 11,000 vehicles every day. He passed out pamphlets and traffic pattern studies that further explain their concerns, He reiterated his concerns for thousands of Arizona travelers coming over the mountain trying to access the regional park to experience nature. He noted that this additional traffic pattern will force residents to shop in Phoenix instead of coming down the mountain and shop in Glendale. He thanked them for their time and consideration. COUNCIL COMMENTS AND SUGGESTIONS 20 Councilmember Clark wished everyone a very Happy Thanksgiving. She stated that this marked the beginning of the season of giving and urged people to give to a charity or food bank. She also asked everyone to remember the service men and women fighting for our country overseas. Councilmember Goulet thanked staff and all the department heads for their sacrifice and helping the city through a hard economic time. He wished everyone a Happy Thanksgiving. Councilmember Lieberman wished everyone a Happy Thanksgiving holiday. He invited everyone to Glendale Glitters this Friday at 5:00pm for the tree lighting. He stated that people can also visit on Saturday. Councilmember Frate thanked Troop 365 for attending and staying for the entire meeting. He wished everyone a Happy Thanksgiving holiday. He asked everyone to be careful shopping and to be aware of their surroundings. He added to remember to always watch children around water. He asked people to give to the Salvation Army. Councilmember Knaack remarked that she just returned from a trip to China and was very thankful to live in the United States. She was glad to be back. She wished everyone a great Thanksgiving holiday. Vice Mayor Martinez thanked everyone for their attendance tonight. He acknowledged Troop 365 and thanked them for their attention. He wished everyone a safe and Happy Thanksgiving. ADJOURNMENT There being no further business, the mee ` g was adjourned at 8:30 p.m. 'amela anna- City lerk 21