Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/26/2010 rat,. GLE E MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue October 26,2010 7:00 p.m. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Seven E. Frate and the following Councilmembers present: Joyce V. Clark, David M. Goulet, Yvonne J. Knaack, H. Philip Lieberman and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Horatio Skeete, Interim Assistant City Manager; Craig Tindall, 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 7 resolutions and 4 ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE OCTOBER 12, 2010 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to table the approval of the minutes of the October 12, 2010 meeting. 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 Ron Cohoe Yucca Reappointment 11/24/2010 11/24/2012 Robert Irons Jr. Cholla Reappointment 11/24/2010 11/24/2012 Victoria Rogen Mayoral Reappointment 11/24/2010 11/24/2012 1 Citizens Transportation Oversight Commission William Sheldon Mayoral Reappointment 11/25/2010 11/25/2012 Joyce Stribling Yucca Reappointment 11/25/2010 11/25/2012 Community Development Advisory Committee Shirley (Weekes) Wong CAP Appointment 10/26/2010 9/23/2012 Glendale Municipal Property Corporation Ron Cantrell Yucca Reappointment 12/01/2010 12/01/2011 Art Dobbelaere Cholla Reappointment 12/01/2010 12/01/2011 Donald Knafels Cactus Reappointment 12/01/2010 12/01/2011 Leland Peterson Cactus Reappointment 12/01/2010 12/01/2011 Roger Schwierjohn Barrel Reappointment 12/01/2010 12/01/2011 Personnel Board Al Lenox Barrel Reappointment 12/22/2010 12/22/2012 Ferne Ridley Cholla Reappointment 12/22/2010 12/22/2012 Al Lenox—Chair Barrel Reappointment 12/22/2010 12/22/2011 Ferne Ridley—Vice Chair Cholla Reappointment 12/22/2010 12/22/2011 Western Loop 101 Public Facilities Corporation Steve Harnden Cholla Reappointment 11/27/2010 11/27/2013 The recommendation is to make appointments to the boards, commissions and other bodies and administer the Oaths of Office. Councilmember Clark, Chairperson of the Government Services Committee, read the list of recommended appointees. It was moved by Frate, and seconded by Knaack, to appoint Ron Cohoe, Robert Irons, Jr. and Victoria Rogen to the Aviation Advisory Commission; William Sheldon and Joyce Stribling to the Citizens Oversight Transportation Commission; Shirley (Weekes) Wong to the Community Development Advisory Committee; Ron Cantrell, Art Dobbelaere, Donald Knafels, Leland Peterson and Roger Schwierjohn to the Glendale Municipal Property Corporation; Al Lenox and Ferne Ridley to the Personnel Board; and Steve Harnden to the Western Loop 101 Public Facilities Corporation for the terms listed above. The motion carried unanimously. Mayor Scruggs called the commissioners forward who were present and issued the Oath of Office. PROCLAMATIONS AND AWARDS CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING 2 This is a request for City Council to accept the Certificate of Achievement for Excellence in Financial Reporting for the city's Comprehensive Annual Financial Report (CAFR) for FY 2008-09. The Government Finance Officers Association of the United States and Canada recently awarded the city with its Certificate of Achievement for Excellence in Financial Reporting for its CAFR for the fiscal year ending June 30, 2009. This award is presented to the city for the twenty- second consecutive year. Each year, a CAFR is prepared to provide complete, readily available information to Council, citizens, media, other public agencies, and bond-rating agencies. Preparation of a CAFR reflects positively on local government's financial management, as it relates to providing complete public disclosure of its financial condition. It provides valuable information on topics as diverse as employee pension plan performance, debt management, and ten-year trends in general government revenues and expenditures. The recommendation is to have the Mayor accept the Certificate of Achievement for Excellence in Financial Reporting from Diane Goke, Finance Director. Mayor Scruggs stated it was a privilege to accept the award on behalf of the Council, City, Management Staff and Finance Department. She indicated it was important to note that even though many changes have occurred financially, the consistency in reporting remains the same. She thanked the Finance Department and stated she was very proud of all their hard work. 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 8 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 9 through 15 by number and title. The Mayor asked that item number 15 be heard separately. 1. SPECIAL EVENT LIQUOR LICENSE, CITY OF GLENDALE OFFICE OF SPECIAL EVENTS This is a request for City Council to approve a special event liquor license for the City of Glendale Office of Special Events. The event will be held in downtown Glendale at 58th Avenue and Glenn Drive on Friday, November 26 and Saturday, November 27, 2010, from 5 p.m. to 10 p.m. The purpose of this special event liquor license is for the Glendale Glitters Spectacular Weekend. If this application is approved, the total number of days expended by this applicant will be eight of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the 3 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. 2. SPECIAL EVENT LIQUOR LICENSE, THE FOUNDATION OF PHOENIX EAST ROTARY This is a request for City Council to approve a special event liquor license for The Foundation of Phoenix East Rotary. The event will be held at Sahuaro Ranch Park Historic Area located at 9802 North 59th Avenue on Saturday, November 27, 2010, from 3:30 p.m. to 10:30 p.m. The purpose of this special event liquor license is for a fundraiser. 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 staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. SPECIAL EVENT LIQUOR LICENSE, EVE'S PLACE, INC. This is a request for City Council to approve special event liquor licenses for Eve's Place, Inc. The event will be held at Westgate City Center located at 6770 North Sunrise Boulevard on Sunday, December 5 and 12 from 10 a.m. to 3 p.m.; and Saturday, December 25, 2010, from 1:30 p.m. to 6:30 p.m. The purpose of these special event liquor licenses is for Cardinal's football game tailgate 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 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. 4 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. 4. SPECIAL EVENT LIQUOR LICENSE, FIESTA EVENTS, INC. This is a request for City Council to approve a special event liquor license for Fiesta Events, Inc. The event will be held at the Glendale Youth Sports Complex located at 6222 North 91st Avenue on Saturday, January 1, 2011, from 10 a.m. to midnight. The purpose of this special event liquor license is for football festivities. 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 staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 5. SPECIAL EVENT LIQUOR LICENSE, ARIZONA COLLEGE FOOTBALL CHAMPIONSHIP FOUNDATION This is a request for City Council to approve a special event liquor license for the Arizona College Football Championship Foundation. The event will be held at the Glendale Youth Sports Complex located at 6222 North 91st Avenue on Monday, January 10, 2011, from 10 a.m. to midnight. The purpose of this special event liquor license is for football festivities. 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 staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 6. LIQUOR LICENSE NO. 3-1311, BARRO'S PIZZA 5 This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license. Barro's Pizza is located at 20165 North 67th Avenue, Suite 101. The Arizona Department of Liquor Licenses and Control application (No. 12078462) was submitted by Michael John Barro. The location of the establishment is 20165 North 67th Avenue, Suite 101, and is located within the Cholla District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 18,987. 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 06 Bar-All Liquor 1 07 Bar -Beer and Wine 2 09 Liquor Store - All Liquor 4 10 Liquor Store - Beer and Wine 2 12 Restaurant 13 14 Private Club 1 Total 23 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 staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 7. LIQUOR LICENSE NO. 3-1313, POPO'S FIESTA DEL SOL This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license. Popo's Fiesta Del Sol is located at 17037 North 59th Avenue. The Arizona Department of Liquor Licenses and Control application (No. 12078488) was submitted by Mario Tello. The location of the establishment is 17037 North 59th Avenue and is located within the Sahuaro District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 12,617. 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 06 Bar-All Liquor 8 07 Bar- Beer and Wine 3 09 Liquor Store - All Liquor 4 6 10 Liquor Store-Beer and Wine 4 12 Restaurant 22 Total 41 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 staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 8. LIQUOR LICENSE NO. 3-1314, QUIKTRIP This is a request for City Council to approve a new, non-transferable series 10 (Liquor Store - Beer and Wine) license. QuikTrip is located at 8045 North 51st Avenue. The Arizona Department of Liquor Licenses and Control application (No. 10076078) was submitted by Troy Charles DeVos. The location of the establishment is 8045 North 51St Avenue and is located within the Cactus District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 20,014. This series 10 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 06 Bar-All Liquor 4 07 Bar Beer and Wine 2 09 Liquor Store - All Liquor 6 10 Liquor Store - Beer and Wine 4 12 Restaurant 4 14 Private Club Total 21 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. 7 Based on 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. CONSENT RESOLUTIONS 9. UNITED STATES BUREAU OF RECLAMATION WATER CONSERVATION GRANT This is a request for City Council to adopt a resolution ratifying the entering into of a grant agreement with the United States Department of Interior, Bureau of Reclamation, in the amount of$30,000. This request supports Council's goal of one community with high-quality services for citizens by providing practical educational opportunities for residents, businesses, and landscape professionals. Fifty to seventy percent of residential water use is used outside the home, on the landscape. Located at the city's main library, the Xeriscape Demonstration Garden is one of the city's most important and effective assets in communicating outdoor water conservation. The garden was originally designed and installed more than 17 years ago through grant funding and community donations. Since that time, the variety of low-water-use plants and trees available for homeowners has expanded dramatically. Some areas of the garden no longer demonstrate the most current water conservation technologies and are in need of renovation. These grant funds will be used to purchase and install trees and other landscape materials for the proposed 10,000 square foot Smart Landscape Exhibit. The exhibit will replace the existing west area of the garden. The federal grant funds were available in federal FY 2010, which ended September 30th. Acceptance of this grant prior to Council approval was necessary to ensure federal encumbrance of grant funds prior to the end of the federal fiscal year. The Smart Landscape Exhibit at the Xeriscape Demonstration Garden will educate homeowners and landscape professionals on sustainable landscape practices to improve water and energy efficiency by providing real-life examples. The exhibit will utilize small and medium sized desert adapted trees that work with smaller residential lot sizes. The proposed exhibit will also demonstrate the latest in irrigation technologies and display plants using basin-style planting and other rainwater harvesting strategies. Two large kiosk displays will provide visitors with information on proper tree care and information about the use and benefits of desert-adapted trees in the urban environment. The city's Water Conservation Office will use the exhibit in their existing outreach programs. The proposed exhibit will provide for local and regional training opportunities and will continue to provide a self-guided educational experience for thousands of visitors. This grant award totals $30,000. A $65,541.50 financial match is required, of which $20,000 is from the city's grant match funding carried over from FY 2010 and dedicated for this specific project. The remaining match is comprised of labor provided by city staff, volunteers, and 8 outside partners, as well as materials and supplies that would normally be used for public education and outreach activities of the city's Water Conservation Office. No additional operating expenses are anticipated as a result of completing the grant agreement. Water Conservation staff will manage the project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $95,541.50 Account Name, Fund,Account and Line Item Number: A specific project account will be established in Fund 1840, the city's grant fund, once the grant agreement is formally executed. The recommendation is to waive reading beyond the title and adopt a resolution ratifying the entering into of a grant agreement with the United States Department of Interior, Bureau of Reclamation, in the amount of$30,000. Resolution No. 4430 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 RATIFYING THE ENTERING INTO OF A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, TO ASSIST WITH THE SMART LANDSCAPE EXHIBIT AND ASSOCIATED WATER CONSERVATION EDUCATION AND TRAINING PROGRAMS. 10. DEPARTMENT OF JUSTICE GRANT This is a request for City Council to adopt a resolution authorizing the City Manager to accept grant funding from the Department of Justice in the approximate amount of $238,042 for use toward a Cold Case Investigation Pilot Program. This grant will support the Council goal of one community committed to public safety by enhancing the ability of police to investigate and prosecute offenders of cold case violent crimes. This grant provides an opportunity to create a Cold Case Investigation Pilot Program in which the Police Department will review old cases through the eye of new Deoxyribonucleic Acid (DNA) technology, which may afford detectives new evidentiary information than was historically available through DNA tests just a few years ago. Even previously tested profiles may yield successful results due to advances in DNA testing. This grant will fund one full-time violent crime case manager, along with training for the case manager, homicide and sexual assault case detectives. It will also fund cold case management software and funding for up to 1,500 hours of overtime for personnel to provide the evidence handling and investigatory field work necessary, including travel for cold case investigation follow-up over the 18 month grant period. 9 The Police Department is committed to investigating crimes of violence and holding offenders accountable through successful prosecution of cases. The overall goal of the Cold Case Investigation Pilot Program is to enhance the service we are providing to victims of sexual assault and secondary victims of homicides. There is no financial match required for this funding. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $238,042 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 agreement is accepted. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept grant funding from the Department of Justice in the approximate amount of$238,042 for use toward a Cold Case Investigation Pilot Program. Resolution No. 4431 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 ACCEPTANCE OF A DEPARTMENT OF JUSTICE GRANT IN THE APPROXIMATE AMOUNT OF $238,042 FOR USE BY THE GLENDALE POLICE DEPARTMENT FOR A COLD CASE INVESTIGATION PILOT PROGRAM. 11. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANTS FOR DUI ENFORCEMENT AND TRAINING This is a request for the City Council to adopt a resolution ratifying the acceptance of three 2011 Governor's Office of Highway Safety (GOHS) grant awards in the total approximate amount of $66,314 to be used for the driving under the influence (DUI)task forces, equipment and training. This request supports the Council goal of one community committed to public safety by providing the Police Department a means to focus on DUI enforcement. The first grant award in the approximate amount of$55,814 will support the Police Department by providing overtime funding for personnel during DUI task forces. This will allow the department to increase the number of hours officers dedicate specifically to DUI enforcement. The second grant award in the approximate amount of$6,300 will allow officers to attend an in- state training hosted by the Institute of Police Technology and Management for training of fatality and serious injury collision scenes to enhance investigations for subsequent criminal prosecution completed by the department. 10 The third grant award in the approximate amount of $4,200 will allow the department to purchase materials and supplies needed to enhance the upcoming DUI task forces, including portable breath test devices and intoxilyzer mouthpieces. Acceptance of the DUI enforcement and equipment grants prior to Council approval was necessary because the DUI task force began October 9, 2010. Acceptance of the training grant was necessary to ensure registration would be complete before the November 1, 2010 training. Council has approved the acceptance of grant funding from GOHS since 1995. These grants will benefit the citizens of Glendale by allowing the Police Department to use more resources and extend hours enforcing DUI laws. The training the officers attend will enhance their skills and abilities, to enhance investigations for subsequent criminal prosecution completed by the department. There are no financial matches required for these grants. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $66,314 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 ratifying the acceptance of three 2011 Governor's Office of Highway Safety grant awards in the total approximate amount of$66,314 to be used for the DUI task forces, equipment and training. Resolution No. 4432 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 THREE 2011 GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT AWARDS IN THE TOTAL APPROXIMATE AMOUNT OF $66,314 TO BE USED BY THE GLENDALE POLICE DEPARTMENT FOR THE DUI TASK FORCE,EQUIPMENT AND TRAINING. 12. HAZARD MITIGATION PLAN This is a request for City Council to adopt a resolution implementing the updated Maricopa County Multi-Jurisdictional Hazard Mitigation Plan (Plan) for the City of Glendale. Planning and mitigation projects reduce or eliminate risk to people and property in the city, so adoption of the Plan supports the Council goal of one community committed to public safety. Federal and state law requires hazard mitigation planning and City Manager Directive No. 40 authorizes the development of the Plan. This Plan will allow the city to apply for Hazard Mitigation Grant Funds both before and after an emergency or disaster. The city was part of a 11 multi jurisdictional planning team to review, revise, and update the Plan. The Plan focuses on natural hazards that may impact the community. It also establishes a framework for preparedness and recovery efforts from an emergency or disaster. On September 14, 2004, Council adopted the 2004 Hazard Mitigation Plan. The Plan identifies risks and vulnerabilities associated with natural disasters and provides long- term mitigation strategies for protecting people and property. The Plan implements mitigation actions to prevent repeated damage and a framework for developing cost effective mitigation projects to reduce the economic impact and increase the public safety to the community. The Plan is available for public review and inspection in the City Clerk's Office. The recommendation is to waive reading beyond the title and adopt a Resolution implementing the Maricopa County Multi-Jurisdictional Hazard Mitigation Plan for the City of Glendale. Resolution No. 4433 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THE MARICOPA COUNTY MULTI- JURISDICTIONAL HAZARD MITIGATION PLAN FOR THE CITY OF GLENDALE. 13. INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement (IGA) with the Arizona Department of Public Safety (DPS) for participation in the Arizona Vehicle Theft Task Force (Task Force). Participation in the Task Force supports Council's goal of one community committed to public safety by taking a pro-active approach to reduce auto theft in the city. The Task Force is headed by DPS. This IGA will cover the majority of the salary and 100% of the overtime for Task Force related activities for one detective assigned to the Task Force. DPS also supplies and maintains the assigned detective's vehicle. The detective assigned to the Task Force works closely with the Arizona Auto Theft Authority, which dispenses numerous grants to fund necessary equipment to combat auto theft. Participation in the Task Force has led to the arrest of subjects also involved in drug crimes, violent crimes and known gang members. High-intensity patrols covering areas in Glendale are coordinated with the Task Force. These patrols have recovered vehicles previously reported stolen from Glendale. The Council has approved IGAs with DPS for participation in the Task Force since 1997. Participation in the Task Force enables the Police Department to mount periodic large scale operations to suppress auto theft within existing resources, and enhances opportunities for 12 information sharing and alternative funding. The IGA provides the Police Department with access to additional resources to combat auto theft. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the Arizona Department of Public Safety for participation in the Arizona Vehicle Theft Task Force. Resolution No. 4434 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 ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE. 14. LICENSE TO USE CITY PROPERTY: SOUTHEAST CORNER OF 83RD AVENUE& UNION HILLS DRIVE This is a request for City Council to adopt a resolution authorizing the City Manager to enter into a license agreement granting the City of Peoria permission to install, operate and maintain a portion of the New River Multi-Use Path across land owned by the City of Glendale at the southeast corner of 83rd Avenue and Union Hills Drive. Granting the license agreement supports the Council goal of one community with high-quality services for citizens by providing additional recreational opportunities through development of a continuous multi-use path along New River. The City of Peoria is developing a trail system along New River. Earlier this year, Peoria contacted staff to formally request permission to construct a portion of the trail on land owned by Glendale. This license agreement allows Peoria to install and maintain the trail components, including graffiti removal,as the trail passes under the bridge on 83`d Avenue. Staff from Transportation, Engineering, Planning, and Parks and Recreation departments contributed to the review of Peoria's plans for the area, as well as terms of the license. Allowing Peoria to construct and maintain a portion of the trail system along New River provides for additional recreational opportunities for residents in the area. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a license agreement, granting the City of Peoria permission to install, operate and maintain a portion of the New River Multi-Use Path across land owned by the City of Glendale at the southeast corner of 83rd Avenue and Union Hills Drive. Resolution No. 4435 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 LICENSE AGREEMENT FOR USE OF REAL PROPERTY WITH THE CITY OF 13 PEORIA FOR THE NEW RIVER TRAIL MULTI-USE PATH LOCATED AT THE SOUTHEAST CORNER OF 83RD AVENUE AND UNION HILLS DRIVE. It was moved by Frate and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 14, including the approval and adoption of Resolution No. 4430 New Series,Resolution No. 4431 New Series, Resolution No. 4432 New Series, Resolution No. 4433 New Series, Resolution No. 4434 New Series, and Resolution No. 4435 New Series; and to forward Special Event Liquor License Applications for the City of Glendale Special Events,The Foundation of Phoenix East Rotary, Eve's Place, Inc., Fiesta Events, Inc., and Arizona College Football Championship Foundation and Liquor License Application No. 3-1311 for Barro's Pizza, No. 3-1313 for Popo's Fiesta Del Sol and No. 3-1314 for Quiktrip to the State of Arizona Department of Liquor Licenses and Control,with the recommendation for approval. The motion carried unanimously. 15. INTERGOVERNMENTAL AND LICENSE AGREEMENTS WITH WEST-MEC FOR THE CONSTRUCTION OF AN EDUCATION FACILITY Jim Colson, Deputy City Manager, presented this item. This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement and two license agreements with the Western Maricopa Education Center, District No. 402 (West-MEC) for the construction of an education facility located at 6997 North Glen Harbor Boulevard. This request supports the Council goal of one community with quality economic development by enabling development adjacent to the Glendale Municipal Airport (Airport) which will provide educational and employment opportunities that will benefit the airport and the city. West-MEC provides educational facilities for individuals who wish to enter the aviation field. Graduating students will obtain Federal Aviation Administration certification to work in the aviation industry, including airplane mechanic training. The proposed facility, located on 7.4 acres, is consistent with the General Plan and the existing zoning. The construction of this education facility will create new employment opportunities for the community and provide education opportunities for approximately 125 students per semester. Waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement and two license agreements with the Western Maricopa Education Center, District No. 402 (West-MEC) for the construction of an education facility. Mayor Scruggs remarked this was an exciting enhancement to the city. She believes this type of training offers substantial benefits to the students and the community, especially during these difficult economic times. She thanked West-MEC for their confidence and investment in the City of Glendale. Vice Mayor Frate agreed this facility was an exciting addition to Glendale. 14 Councilmember Clark welcomed West-MEC to the area. She congratulated them for their patience and willingness to ensure this development occurred. Resolution No. 4436 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 AND TWO LICENSE AGREEMENTS WITH WESTERN MARICOPA EDUCATION CENTER, DISTRICT NO. 402, FOR THE CONSTRUCTION OF AN EDUCATION FACILITY LOCATED AT 6997 NORTH GLEN HARBOR BOULEVARD. It was moved by Frate, and seconded by Knaack, to pass, adopt and approve Resolution No. 4436 New Series. The motion carried unanimously. ORDINANCES 16. SALT RIVER PROJECT EASEMENTS Craig Johnson, Assistant City Engineer, presented this item. This is a request for City Council to adopt an ordinance granting five easements in favor of Salt River Project(SRP) for the relocation of the following power poles: four along 67th Avenue between Camelback Road and Glendale Avenue, and one at the northwest corner of 51St Avenue and Camelback Road. Granting the utility easement supports Council's goal of one community with high-quality services for citizens by enabling SRP to relocate its power poles to accommodate roadway improvements. Roadway improvements on 67th Avenue between Camelback Road and Glendale Avenue, and at the intersection of 515t Avenue and Camelback Road necessitated the relocation of SRP's power poles and related facilities. To protect its facilities in the new locations, SRP has requested the city grant it easements. The recommendation is to waive reading beyond the title and adopt an ordinance granting five easements in favor of Salt River Project for relocation of the following power poles: four along 67th Avenue between Camelback Road and Glendale Avenue, and one at the northwest corner of 51st Avenue and Camelback Road. Ordinance No. 2746 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING EASEMENTS IN FAVOR OF SALT RIVER PROJECT: (1) AN AERIAL EASEMENT ALONG THE EAST SIDE OF 67TH AVENUE FROM CAMELBACK ROAD TO GLENDALE AVENUE; (2) AN AERIAL EASEMENT ALONG THE EAST SIDE OF 67TH AVENUE FROM CAMELBACK ROAD TO GLENDALE AVENUE; (3) A 15 TRANSMISSION LINE EASEMENT ALONG THE EAST SIDE OF 67TH AVENUE FROM CAMELBACK ROAD TO GLENDALE AVENUE; (4) A TRANSMISSION LINE EASEMENT ALONG THE EAST SIDE OF 67TH AVENUE FROM CAMELBACK ROAD TO GLENDALE AVENUE; AND (5) A TRANSMISSION LINE EASEMENT AT THE NORTHWEST CORNER OF 51ST AVENUE AND CAMELBACK ROAD; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE ALONG WITH THE EASEMENTS BE RECORDED. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2746 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. 17. WATER AND SEWER REVENUE OBLIGATIONS Art Lynch, SRJ Consultants, LLC, presented this item. This is a request for City Council to adopt an ordinance authorizing the sale of up to $29 million of water and sewer revenue obligations. The proposed November 8, 2010 sale funds projects approved in the FY 2010-11 capital improvement plan (CIP) and will fund the completion of the ground water treatment plant and a variety of capital maintenance projects approved in the FY 2010-11 budget. Proceeds will fund budgeted FY 2010-11 CIP projects and will support Council's goals of one community that is fiscally sound and one community with high-quality services for citizens. A team from the Budget, Finance, and Utilities departments met and reviewed the CIP for the water and sewer department and concluded that the plan should be scaled back to only include completion of current projects and capital maintenance items. All growth related projects were deferred. They consulted with the city's bond counsel, Greenberg Traurig, LLP and financial advisors, JNA Consulting Group, LLC and SRJ Government Consultants, LLC along with rate study advisor, Red Oak Consulting. The team determined that the sale of water and sewer obligations is prudent based on market conditions and projected cash flow. The city plans to issue these bonds as "Build America Bonds,"which would guarantee the lowest possible interest rate. Initial review of this capital investment and the bond structure will not increase the debt service payments during the first two years; therefore no rate increase is anticipated as a result of this new bond issue. The city would receive funds from the sale around November 30, 2010. Council adopted the FY 2010-11 budget including water and sewer CIP projects in June 2010. The adopted budget anticipated financing of projects. The proposed sale of the 2010 obligations is consistent with the previous Council actions and direction. Financing proceeds will fund a variety of approved water and sewer projects, including various improvements and extensions of the system which are contained in the city's water and sewer CIP. Examples include payments for the city's share of upgrades to and expansion of the 91' Avenue Regional Wastewater Treatment Plant to meet federal regulations and replacement and rehabilitation of water and sewer lines throughout the system. 16 The obligations will be paid from water and sewer fund-pledged revenues. The city continues to pledge to maintain water and sewer rates, fees and charges at a level sufficient to pay the existing and proposed water and sewer system obligations. The recommendation is to waive reading beyond the title and adopt an ordinance approving the issuance and sale of water and sewer revenue obligations in amount not to exceed $29 million. Councilmember Clark explained these bonds will not be used for new construction projects but rather for finishing current projects and maintenance. She asked Mr. Art Lynch, SRJ Consultants, to expand on the types of facilities for which the bonds will be used. Mr. Lynch explained one example was upgrades needed at the 91St waste water treatment facility to ensure quality service to Glendale. He noted that maintenance projects such as strengthening water and sewer lines were a large part of this funding. Councilmember Clark remarked she wanted to make clear to the public that this funding was not being used for new projects but rather to ensure the system infrastructure was in good repair. Councilmember Clark asked when the authorization for these bonds was set. Mr. Lynch explained these bonds were sold as obligations of the city. He stated these were old water and sewer bonds authorized and approved as early as 1999 to 2007. Mayor Scruggs commented that the current projects funded by these bonds were absolutely necessary. She explained it was extremely important that the city provide the best in water and sewer maintenance and service. She indicated she could not remember when residents had been more agitated over what has happened to the water and sewer rates. As a result, she believes there needs to be greater disclosure as to what causes these increases. She noted that the sale of these bonds will not decrease or stop further increases, but rather attempt to level the debt structure. Mr. Lynch agreed. Mayor Scruggs explained the city was lessening the burden on the rate payer through these financial methods. However, this ordinance did not preclude further rate increases. She restated this did not mean there will be no further increases and did not want the public to misunderstand this ordinance. Mayor Scruggs expressed her total confidence in staff's analysis and the recommendations brought forth. She acknowledged the Utilities Department's difficulty in having to defer needed projects. She explained that even though no new projects were being developed, there was still necessary work that needed to be done. Ordinance No. 2747 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, ARIZONA, AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT, A SUPPLEMENT TO THE TRUST AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND, IF REQUIRED, AN OBLIGATION PURCHASE CONTRACT; APPROVING A PRELIMINARY OFFICIAL STATEMENT; APPROVING THE ISSUANCE `AND SALE OF NOT TO EXCEED $29,000,000 SUBORDINATE LIEN WATER AND SEWER REVENUE OBLIGATIONS, SERIES 2010, WHICH MAY BE IN ONE OR MORE SERIES, EVIDENCING A 17 PROPORTIONATE INTEREST OF THE OWNERS THEREOF IN THE PURCHASE AGREEMENT; DELEGATING THE DETERMINATION OF CERTAIN PROVISIONS; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTION CONTEMPLATED BY THIS ORDINANCE; AND DECLARING AN EMERGENCY. It was moved by Martinez, and seconded by Lieberman, to approve Ordinance No. 2747 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. 18. AUTHORIZATION TO SELL GENERAL OBLIGATION REFUNDING BONDS Art Lynch, SRJ Consultants, LLC, presented this item. This is a request for City Council to approve an ordinance authorizing the sales of up to $48 million of general obligation refunding bonds. The proposed November 8, 2010 sale will refund a portion of general obligation bonds originally issued in 2002 and 2003. The refunding bonds reduce the interest cost on outstanding debt. This refunding will support Council's goal of one community that is fiscally sound. A team from the Budget and Finance departments met to review financing options. They consulted with the city's bond counsel, Greenberg Traurig, LLP and financial advisors, JNA Consulting Group, LLC and SRJ Government Consultants, LLC. The team determined that the sale of refunding bonds is prudent based on market conditions and projected cash flow. The city would receive funds from the sale around November 30, 2010. The funds will be used to refund a portion of the general obligations originally issued in 2002 and 2003, which will reduce overall interest costs over the life of the bonds resulting in a net present value savings of approximately $1.5 million while restructuring debt service to match revenues. The bonds will be paid from the city's secondary property tax. There will be no increase in the city's total property tax rate as a result of the issuance of the proposed refunding general obligation bonds. The recommendation is to waive reading beyond the title and adopt an ordinance approving the issuance of refunding general obligation bonds in an amount not to exceed $48 million. Councilmember Clark stated that essentially, they were selling the higher interest rate bonds and issuing general obligation refunding bonds at a lower interest rate. She explained this will allow them to take the money from the new refunded bonds and pay off the old bonds that have the higher interest rate. Mr. Art Lynch, SRJ Consultants, stated she was correct. In addition, this allows them to level out and lower payments for the future. Councilmember Clark noted staff had made a very important decision with this ordinance that will help the city with low assess valuation rates. 18 Councilmember Lieberman reported on his meeting with Mr. Lynch and Mr. Horatio Skeete, Interim Assistant City Manager, on this subject. He indicated this was carefully explained to him and believes it will save the city a great deal of money. Mayor Scruggs thanked Mr. Lynch for his financial guidance through these difficult times. She added that this plan actually keeps property taxes from increasing. She indicted these were the types of creative and resourceful approaches that help Glendale stand out among other cities in these economic times. Ordinance No. 2748 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF CITY OF GLENDALE, ARIZONA GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $48,000,000 FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND CERTAIN OUTSTANDING BONDS AND TO PAY ALL NECESSARY LEGAL, FINANCIAL AND OTHER COSTS IN CONNECTION THEREWITH; PROVIDING FOR THE AWARD OF SAID BONDS; AUTHORIZING THE EXECUTION OF A BOND REGISTRAR AGREEMENT; AUTHORIZING AN OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION OF A CONTINUING DISCLOSURE UNDERTAKING, DEPOSITORY TRUST AGREEMENT AND CERTAIN OTHER DOCUMENTS AND THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE AND DELIVERY OF THE BONDS; AND DECLARING AN EMERGENCY. It was moved by Knaack, and seconded by Lieberman, to approve Ordinance No. 2749 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. 19. LEASE AGREEMENT: PROMENADE AT PALMAIRE Ed Beasley, City Manager, presented this item. This is a request for City Council to adopt an ordinance authorizing the City Manager to enter into an office lease agreement with SW General, Inc., d/b/a/ Southwest Ambulance for office space at the Promenade at Palmaire located at 5835 W. Palmaire Avenue. Approving this lease supports Council's goal of one community with a vibrant city center by bringing a new commercial business tenant to the Promenade at Palmaire. The lease provides for Southwest Ambulance to occupy approximately 10,025 square feet of street level leasable space of the city-owned parking garage/retail structure, certain adjacent exterior patio space, and reserved parking spaces. Southwest Ambulance is a 24/7 operation and approximately 110 new jobs will be created. 19 The lease is effective November 1, 2010, or completion of interior improvements, and has a term of 120 months with a renewal option of up to three additional one-year periods. The lease was negotiated for a ten year term at current market rates, and with annual increases. The tenant will also pay a pro-rata share of any increases in operating expenses incurred by the city for the building. With the lease, the Promenade at Palmaire will be fully let. The recommendation is to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an office lease agreement with SW General, Inc., d/b/a/ Southwest Ambulance for office space at the Promenade at Palmaire located at 5835 W. Palmaire Avenue, and further authorize the City Manager to procure goods and contract for services necessary to effectuate the terms of said lease. Councilmember Lieberman expressed his pleasure in having the rest of the Promenade at Palmaire fully rented. He noted the lease was for 10 years with an option of up to three additional one-year periods. He indicated that this included 50 parking spaces in the garage. He thanked staff for an outstanding job in obtaining this lease. Mayor Scruggs thanked Mr. Beasley and his team for putting this lease together. She explained that in just this short meeting, 150 new jobs have come into the city. She stated Glendale was still moving strongly forward and was economically viable with a team that is aggressively pursuing every option. Ordinance No. 2749 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN OFFICE LEASE AGREEMENT WITH SW GENERAL, INC., dba SOUTHWEST AMBULANCE FOR OFFICE SPACE AT THE PROMENADE AT PALMAIRE BUILDING LOCATED AT 5835 WEST PALMAIRE AVENUE. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2749 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. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Frate, and seconded by Martinez, to vacate the regularly scheduled Workshop on November 2, 2010 due to the General Election. It was additionally moved to hold the regularly scheduled meeting on Tuesday, November 9, 2010 at 7 p.m. in the City Council Chambers. The motion carried unanimously. CITIZEN COMMENTS There were no citizen comments. 20 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced the opening of Zing's, a new restaurant across from City Hall. She stated they serve breakfast, lunch and dinner. She said the food was excellent and encouraged everyone to come and enjoy. She reminded everyone about her district meeting on November 3, 2010 at the Fire Station on 83rd Avenue from 5:30pm to 7:30pm. Councilmember Goulet thanked the neighborhoods that hosted the GAIN events. He stated that they had 73 events citywide. He thanked Mr. Beasley and the Economic staff for the successful completion of the Promenade at Palmaire lease agreement. He noted this will bring much needed jobs and activities seven days a week into the area. Councilmember Lieberman stated his district had ten successful GAIN events. He thanked all the participants for attending and putting on the events. He invited all motorcycle enthusiasts to the Anthony Holly Foundation Memorial Run, this Saturday, at the 5 & Diner on Bell Road starting at 7:30am. He also invited everyone to Glendale Celebrates Veterans on November 6th at the Westgate Water Plaza starting at 10:45am. This event is for the whole family. His district meeting will be held on November 17th at Rose Lane Park starting at 5:30pm. He noted this meeting will be a question and answer format. Vice Mayor Frate reminded everyone to vote on November 2nd as was their civic duty. He asked for people to be cautious on Halloween night since it fell on football Sunday. He also asked everyone to watch children around water. Councilmember Martinez encouraged anyone interested in becoming more involved in their community to volunteer to the many Board and Commissions offered by the city. He stated his last district meeting was well attended with many good comments and questions. He was glad to announce that Forbes Magazine had an article rating Glendale as the lot safest city in the nation. Mayor Scruggs thanked everyone that hosted a GAIN event. She also thanked the residents for all they do to support and keep the city safe. ADJOURNMENT There being no further business,the : was adjourn-d at 8:10 p.m. .me a Hanna- City Clerk 21