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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/28/2008 (3) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 28, 2008, AT 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. Mayor Elaine M. Scruggs was absent from the meeting. Also present were Ed Beasley, City Manager; Pam Kavanaugh, 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 five resolutions and four 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 14, 2008 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the October 14, 2008 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 This is a request for the 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 Arts Commission Cynthia Eddy Yucca Appointment 10/28/2008 08/23/2010 Aviation Advisory Commission Ron Cohoe Yucca Appointment 10/28/2008 11/24/2010 Commission on Persons with Disabilities Danielle Bohall Cholla Appointment 10/28/2008 02/27/2009 Shirley Galvez Yucca Appointment 10/28/2008 03/22/2009 1 Housing Advisory Commission Michael Buettner Cholla Appointment 10/28/2008 07/01/2010 Planning Commission John Kolodziej Yucca Appointment 10/28/2008 03/25/2009 The recommendation was 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 Cynthia Eddy to the Arts Commission; Ron Cohoe to the Aviation Advisory Commission; Danielle Bohall and Shirley Galvez to the Commission on Persons with Disabilities; Michael Buettner to the Housing Advisory Commission; and John Kolodziej to the Planning Commission, for the terms listed above. The motion carried unanimously. CONSENT AGENDA Mr. Ed Beasley, City Manager, read agenda item numbers 1, 2, 3, 4 and 5 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 6 through 9 by number and title. Lieberman requested that Consent Agenda Item No. 3 be heard separately. 1. SPECIAL EVENT LIQUOR LICENSE, THUNDERBIRD RUGBY FOOTBALL CLUB, ATHLETIC TOURNAMENT, NOVEMBER 8 AND 9, 2008 This is a request for the City Council to approve a special event liquor license for the Thunderbird Rugby Football Club. The event will be held at 15249 North 59th Avenue on Saturday, November 8, 2008, from 8:00 a.m. to midnight and Sunday, November 9, 2008, from 10:00 a.m. to 8:00 p.m. The purpose of this special event liquor license is for the Thunderbird Rugby Football Club's athletic tournament. If this application is approved, the total number of days expended by this applicant will be two out 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. 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 2. SPECIAL EVENT LIQUOR LICENSE, CITY OF GLENDALE, GLENDALE GLITTERS SPECTACULAR WEEKEND, NOVEMBER 28 AND 29, 2008 This is a request for the City Council to approve a special event liquor license for the City of Glendale Special Events Department. The event will be held at 58th Avenue and Glenn Drive on Friday, November 28, 2008, from 5:00 p.m. to 10:00 p.m. and Saturday, November 29, 2008, from 5:00 p.m. to 10:00 p.m. The purpose of this special event liquor license is for the City of Glendale's annual holiday Glendale Glitters Spectacular Weekend. If this application is approved, the total number of days expended by this applicant will be eight out 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. 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. AWARD OF BID AWARD FOR WESTERN AREA REGIONAL PARK— RAMADA PAVILION AND PICNIC AREA This is a request for the City Council to award a bid to Recon, Inc. for the construction of the ramada pavilion and picnic area amenities within the Western Area Regional Park located at the southeast corner of 83rd Avenue and Bethany Home Road. The development of this park addresses the City Council's Strategic Goal of providing high-quality services for its citizens. The project also is addressed in the Parks and Recreation Master Plan, which was adopted by City Council in February of 2002. The 81-acre regional park is located at 83rd Avenue and Bethany Home Road. The proposed construction project is located in the southeastern portion of the park. It includes construction of a large group ramada pavilion and picnic area that accommodates approximately 750 people. The ramada pavilion design consists of 10 individual ramadas, complete with adjoining barbeque facilities. Also included within this project are several active recreation components, such as three lighted sand volleyball courts and a shaded themed playground and a tot lot. In addition to the active recreation components, the landscape plan includes xeriscape, with low-water use indigenous plant material, seven acres of open turf and an information kiosk. All of the improvements are elements within the park's master plan. This construction also includes enhanced access points from adjacent neighborhoods and improved 3 community-wide access through a linked regional trail system along the Grand Canal Linear Park. Funding for the Western Area Regional Park design was approved by the City Council in Fiscal Year 2002 in the amount of $500,000. On April 8, 2003, the City Council approved the submission of an Arizona State Heritage Fund Grant for the initial development of the Western Area Regional Park in which the city received a total of $571,530 in grant funding. On November 25, 2003, the City Council approved the construction contract to develop two lighted basketball courts, public restrooms, parking lot, open turf area, splash pad, and a covered tot lot and playground area. On March 22, 2005, the City Council approved the submission of a second Arizona State Heritage Fund grant for the purposed improvements associated with the ramada pavilion and picnic area. As a result, the city was awarded $900,000 to complete the project. The scope items include site grading, pathways, an approximate 750 person capacity picnic pavilion complex complete with barbeques, several active recreation components, such as three lighted sand volleyball courts and a themed playground and tot lot. In addition to the active recreation components, there is a landscape plan that includes xeriscape, with indigenous plant material, open turf, and an information kiosk. On May 23, 2006, the City Council approved construction to complete the site grading, installation of underground utilities (electrical, water and sewer), road paving, street lighting, entry road connector from Bethany Home Road to 83rd Avenue, southeastern parking lot, and electrical service/restroom building to serve as infrastructure for the ramada pavilion and picnic area. These improvements were completed in May 2007. The City Council also approved the construction of the X-Court facility on September 26, 2006, in the amount of $1,074,500. The facility opened to the public on October 5, 2007. The continued development of the Western Area Regional Park will help the City meet the community service levels recommended in the Parks and Recreation Master Plan. The development of the active and passive recreation areas, as identified in the Parks and Recreation Master Plan, will provide regional recreation amenities currently not available in this service area. In addition, the construction will complete the link that connects the Western Area Regional Park to the adjacent Grand Canal Linear Park. The connection provides enhanced access from adjacent neighborhoods and community wide access via a linked regional trail system. All of the elements within this project are in compliance with the adopted Parks and Recreation Department Master Plan. The development of the park master plan included numerous public meetings conducted to collect input from the community and follow up meetings held to review the resulting designs. In addition, public input 4 gathered for the 2002 Parks and Recreation Master Plan identified another regional park similar to Sahuaro Ranch Park as a priority. The public desired to have parks linked through greenways and trails, and develop more parkland in the south and west region of the city. Funds for this project are available in the Fiscal Year 2008-09 Capital Improvement Plan. Operating costs associated with this project were included in the Fiscal Year 2008-09 budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $2,890,973.81 Account Name, Fund, Account and Line Item Number: Western Area Regional Park, Fund 2060-70532-550800 The recommendation was to award the bid to Recon, Inc. for the construction of the Western Area Regional Park pavilion and picnic area in the amount of $2,890,973.81. 5. AWARD OF BID FOR CONSTRUCTION OF BRIDGE AT 57TH AVENUE AT SKUNK CREEK This is a request for the City Council to award a bid to Sunrise Cross Construction, Inc. in an amount of $3,318,671.80 for construction of a bridge over Skunk Creek at 57th Avenue. This project contributes to the Council's goal of a city with high-quality services for citizens by providing transportation options for Glendale commuters and visitors and providing safe all-weather access to the Foothills Library and Aquatic Center. Currently, 57th Avenue crosses through Skunk Creek at grade and this crossing is closed during significant flood events. Construction of this bridge will provide all- weather access to the Foothills Library and Aquatic Center, Midwestern University, and other major employers. This project will replace the existing low-flow culvert structure crossing with a new 330-foot long bridge. The bridge will feature one lane in each direction, a continuous left-turn lane, sidewalks, and bike lanes. The project also includes construction of a multi-use path under the bridge, approach roadway, curb, gutter, streetlights, landscaping, creek channelization and bank protection. The project was bid on September 18, 2008, and eight bids were received with Sunrise Cross Construction being the lowest responsive and qualified bidder. 5 On July 26, 2005, the Council approved a professional services agreement with Michael Baker Jr. Inc. for design of a new bridge at 57th Avenue and Skunk Creek in the amount of $362,051. Construction of the new bridge at 57th Avenue and Skunk Creek will provide residents of Glendale with better access across Skunk Creek. Other improvements include a multi-use recreational path for pedestrians and cyclists with new streetlights, landscaping, improved traffic flow, and aesthetic enhancements. A public meeting was held on February 22, 2006 at the Foothills Public Library for review of the design of this bridge project. Over 1,220 letters were mailed to citizens in the surrounding area notifying them of a public meeting. Three interested parties attended, and one comment card was received not in favor of the bridge. This project was also presented at public meetings held as part of the Glendale Onboard Transportation Program. Funds for construction totaling $3,318,671.80 are available in the Fiscal Year 2008-09 GO Transportation Program's capital budget. There is no additional operating or maintenance costs anticipated with this project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $3,318,671.80 Account Name, Fund, Account and Line Item Number: 57th / Skunk Creek, Account No. 2210-65037-550800 The recommendation was to authorize the City Manager to enter into a contract with Sunrise Cross Construction, Inc. in the amount of $3,318,671.80 to construct a new bridge at 57th Avenue and Skunk Creek. CONSENT RESOLUTIONS 6. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA BOARD OF REGENTS FOR A STUDY OF THE GLENDALE AVENUE CORRIDOR - PHASE This is a request for the Council to adopt a resolution approving an Intergovernmental Agreement with the Arizona Board of Regents (Arizona State University) for a study of the Glendale Avenue Corridor by the ASU School of Planning, in collaboration with the Phoenix Urban Research Laboratory (PURL). The cost of Phase I the study will be $23,386. 6 This study is a component of the City Council's efforts to enhance the vitality of the Glendale Avenue Corridor and create a vibrant city center. The Revitalization Strategy addresses several Council Strategic Goals, which include the following: o Vibrant city center o Quality economic development o Strong neighborhoods At the Glendale City Council Goal Review and Strategic Planning Retreat held on November 26, 2007, the Council discussed key objectives and goals for 2008-2009. The primary objective identified by Council was a desire to create a clear vision for redevelopment and revitalization within the city with a specific emphasis on Downtown Glendale. The ASU School of Planning, in collaboration with the PURL, will conduct a two- phase study through two design studios (Planning Studio and Design Studio), with approximately 20 students per studio. Phase I of the study will include the Fall Introduction Urban Planning studio which will engage in a detailed study of the downtown business corridor along Glendale Avenue. The study area extends east- west from 43rd Avenue to 67th Avenue and north-south from Myrtle Avenue to Ocotillo Road. Working with the city, the Planning Studio will assess and analyze district conditions, identify character areas within the focus regions, prepare maps of the study area, identify and meet with stakeholders, examine comparable cases in other cities, identify areas to be preserved or enhanced, and identify development opportunities for future application in development design. The Studio will compile its analyses and documentation into a final presentation, which will provide an overview of the work. The Fall of 2008 semester Planning Studio will provide the groundwork, research, and data which can be used by a Spring 2008 semester Urban Design Studio. The Urban Design Studio will produce a series of formal scenarios and proposed design solutions for the area. At the August 12, 2008 City Council Workshop, the Council engaged in dialogue facilitated by Richard Bowers regarding the City Council goal to enhance the vitality of the Glendale Avenue Corridor and create a vibrant city center. This was the second of a series of four planned Council Workshops on this topic. At the March 18, 2008 City Council Workshop, the Council engaged in dialogue facilitated by Richard Bowers regarding the City Council goal to enhance the vitality of the Glendale Avenue Corridor and create a vibrant city center. This was the first of a series of four planned Council Workshops on this topic. 7 At the Glendale City Council Goal Review and Strategic Planning Retreat held on November 26, 2007 and facilitated by Richard Bowers, the Council discussed key objectives and goals for 2008-2009. Objectives and goals discussed at that time focused on downtown redevelopment and revitalizing the Glendale Avenue Corridor, which is encompassed by the City Center Master Plan (CCMP). The Council adopted the CCMP on July 23, 2002 by Resolution No. 3602 New Series Resulting vision, plans and action will provide an enhanced sense of place, a destination, and an identity for Glendale that will strengthen the sense of community, enhance Glendale's image and attractiveness throughout the region and nation, and strengthen the city's economic foundation. Revitalization and redevelopment plans will provide for more efficacious uses of many properties to better support residential, commercial, and public facilities development at appropriate locations and diminish incompatible uses. Revitalization, infill, and redevelopment of the downtown and existing commercial corridors will offer a fresh vision of downtown as the center of a vigorous and growing community and will result in high-quality public and private investment along the Glendale Avenue corridor and other commercial corridors. On September 16, 2008, a Business Breakfast was held at the Glendale Civic Center to engage the local business community in the Glendale Avenue Corridor initiative. All Councilmembers were invited to attend and participate. On September 20, 2008, a Congress of Neighborhoods was held at the Glendale Civic Center to inform and gather input from a select group of community members. On October 18, 2008, a Visioning Fair was held at Murphy Park to engage the public in creating a vision for the Glendale Avenue Corridor. On October 22, 2008, a Small Group Workshop, conducted by ASU, was held at the Glendale Adult Center with a combination of volunteers, community leaders, residents, and businesspersons who participated in a small group workshop starting with a student presentation followed by focused questions and brainstorming. Council workshops are planned on a quarterly basis throughout 2008 and 2009 to facilitate the necessary discussions that will provide for a comprehensive redevelopment strategy developed through policy direction by the Council. 8 The total cost for the study of the Downtown Business Corridor in Glendale conducted by the ASU School of Planning, in collaboration with the Phoenix Urban Research Laboratory is $23,386. The cost includes field trips to the site, materials, printing, and administrative costs for Phase I of the study. Funds are available in the Fiscal Year 2008-09 operating budget for the Marketing Department. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $23,386 Account Name, Fund, Account and Line Item Number: Downtown Redevelopment, Account No. 1000-10810-518200 The recommendation was to waive reading beyond the title and adopt a resolution approving an Intergovernmental Agreement with the Arizona Board of Regents (Arizona State University) for a study of the Downtown Business Corridor in Glendale by the ASU School of Planning, in collaboration with the Phoenix Urban Research Laboratory in the amount of $23,386 for Phase I of the study. Resolution No. 4203 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA BOARD OF REGENTS (ARIZONA STATE UNIVERSITY) FOR A STUDY OF THE DOWNTOWN BUSINESS CORRIDOR OF THE CITY OF GLENDALE TO BE CONDUCTED BY THE ASU SCHOOL OF PLANNING FOR THE FALL INTRODUCTORY URBAN PLANNING STUDIO. 7. INTERGOVERNMENTAL AGREEMENTS WITH U.S. DEPARTMENT OF JUSTICE AND MARICOPA COUNTY ATTORNEY'S OFFICE This is a request for the City Council to approve intergovernmental agreements with the United States Department of Justice (DOJ) and Maricopa County Attorney's Office (MCAO) for the equitable sharing of Racketeering Influenced Corrupt Organizations (RICO) assets seized on criminal cases worked by the Police Department. Participation in these agreements helps the Police Department in fighting the importation, sale and use of dangerous drugs and narcotics. This request supports the Council's strategic goal, one community focused on public safety for citizens and visitors. It continues a partnership with DOJ and MCAO providing benefits with shared resources. The Police Department has shared in assets which have allowed for the continued investigation and convictions of organized drug traffickers in and around the city. 9 RICO allows the government to use legally the ill-gotten proceeds forfeited from individuals or organizations and put them to use in future law enforcements investigations. The funds are not forfeited unless authorized through the courts after due process. Glendale's participation in the equitable sharing program with DOJ and MCAO dates back about two decades. Participation in equitable asset sharing enables the Police Department to continue to target large scale operations to suppress drug importation and sales in Glendale. It promotes close cooperation between federal agencies and the department, while penalizing drug traffickers by taking their ill-gotten assets and charging them criminally. The recommendation was to waive reading beyond the title and adopt the resolutions authorizing the city to enter into intergovernmental agreements with the United States Department of Justice and the Maricopa County Attorney's Office. Resolution No. 4204 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 FEDERAL EQUITABLE SHARING AGREEMENT WITH THE DEPARTMENT OF JUSTICE AND A MEMORANDUM OF UNDERSTANDING WITH THE MARICOPA COUNTY ATTORNEY'S OFFICE CONCERNING SHARED ASSETS INVOLVING THE GLENDALE POLICE DEPARTMENT. 8. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE - SALES TAX This is a request for the City Council to adopt a resolution authorizing the entering into of an Intergovernmental Agreement (IGA) with the Arizona Department of Revenue (ADOR) for the sharing of information as it relates to businesses operating within the City of Glendale. This is consistent with the Council's strategic goal of a city that is fiscally sound by ensuring accurate reporting of revenues collected in the city This IGA will allow the city and ADOR to collaborate regarding taxpayer joint audits and the uniform method of administration, collection and licensing. For example, if there are businesses operating in the state that are located in the city, but are not licensed with Glendale it gives the city another resource to locate and license those businesses. 10 On November 12, 1974, the Council adopted the current intergovernmental agreement. This agreement allowed the city and ADOR to share information regarding the administration, collection, licensing, and audit of businesses operating in the city. The IGA provides for accurate reporting and revenues collected in the city. The recommendation was to waive reading beyond the title and adopt a resolution authorizing an Intergovernmental Agreement (IGA) with the State of Arizona Department of Revenue (ADOR) for the sharing of information as it relates to businesses operating within the City of Glendale. Resolution No. 4205 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE FOR UNIFORM AUDIT FUNCTIONS AND THE SHARING OF INFORMATION AS IT RELATES TO BUSINESSES OPERATING WITHIN THE CITY OF GLENDALE. 9. PURCHASE OF ST. VINCENT DE PAUL PROPERTY This is a request for the City Council to adopt a resolution approving the purchase of property located at 7016 North 57th Avenue in Downtown Glendale from St. Vincent de Paul, Diocese of Phoenix for revitalization purposes. The purchase of this property encourages revitalization activity and will promote quality economic development in the area. It also helps create a vibrant City Center and supports the Council's goal of purchasing buildings and property in the downtown that support the city's revitalization and business development efforts. The property being purchased is located in Downtown Glendale at 7016 North 57th Avenue and is often referred to as the "St. Vincent de Paul" building. The entire site consists of approximately 13,939 square feet and includes 24 uncovered parking spaces. The existing building on the site is approximately 7,000 square feet in size. An appraisal was completed of the property and a purchase price was offered and accepted by their board in the amount of $735,000. Final payment to St. Vincent de Paul will include customary interest and closing costs. As part of the purchase and sales agreement, the existing tenant will be allowed to occupy the building for up to 180 days following the execution of the Purchase and Sales Agreement. The tenant will be required to pay $1,000 in rent each month during the extended occupancy period. 11 The purchase of this property will provide land for future projects and spur economic development and business activity. The City Council has recently undertaken the revitalization of the Glendale Avenue Corridor and this property is ideally located to support the goals and mission of the project and will provide new opportunities for the area. Funds are available in the Fiscal Year 2008-09 operating budget for the Economic Development Department. • Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $735,000 Account Name, Fund, Account and Line Item Number: Redevelopment Land Acquisition, Account No. 1000-16230-518200 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of a Real Property Purchase and Sales Agreement and Extended Occupancy Agreement in the amount of $735,000 with the Diocesan Council for the Society of St. Vincent de Paul, Diocese of Phoenix for property located at 7016 North 57th Avenue. Resolution No. 4206 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 7016 NORTH 57TH AVENUE IN GLENDALE, MARICOPA COUNTY, ARIZONA, FOR REVITALIZATION PURPOSES; AND DIRECTING THE EXECUTION OF THE FOLLOWING DOCUMENTS: (1) REAL PROPERTY PURCHASE AND SALES AGREEMENT; (2) EXTENDED OCCUPANCY AGREEMENT; AND (3) ANY DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. 10. RESOLUTION EXPRESSING THE CITY'S SUPPORT OF THE PROPOSED SPECIAL AIR TRAFFIC RULE This is a request for the City Council to adopt a resolution endorsing a proposed Special Air Traffic Rule (SATR) published in the Federal Register on September 26, 2008 (Docket No. FAA-2007-26470). The Council goal of an active partnership with Luke Air Force Base is addressed by continuing to build strong relationships and ensure federal support of the Base. This rule requires that general aviation (GA) traffic operating under visual flight rules (VFR) establish communication with the Luke Radar Approach Control (RAPCON) while operating in the vicinity of Luke Air Force Base. This Special Air Traffic Rule is 12 intended to avoid potential midair collisions and is a necessary tool in ensuring the continued viability of Luke Air Force Base and its mission. Preservation of the mission of Luke Air Force Base is vital to the economic viability of the state. The economic impact from Luke each year to the state is $2.2 billion. In addition, LAFB is the largest F-16 fighter pilot training base in the world. The recommendation was to waive reading beyond the title and adopt a resolution endorsing a proposed Special Air Traffic Rule (SATR) published in the Federal Register on September 26, 2008 (Docket No. FAA-2007-26470). Resolution No. 4207 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, SUPPORTING THE PROPOSED SPECIAL AIR TRAFFIC RULE (SATR) PUBLISHED IN THE FEDERAL REGISTER ON SEPTEMBER 26, 2008 (DOCKET NO. FAA-2007-26470) AND URGING THE FEDERAL AVIATION ADMINISTRATION TO ACCEPT THIS ENDORSEMENT AND APPROVE THIS IMPORTANT SPECIAL AIR TRAFFIC RULE. It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 and 2 and Nos. 4 through 10, including the approval and adoption of Resolution No. 4203 New Series, Resolution No. 4204 New Series, Resolution No. 4205 New Series, Resolution No. 4206 New Series, and Resolution No. 4207 Series; and to forward Special Event Liquor License Applications for (1) the Thunderbird Rugby Football Club for an athletic tournament to be held at 15249 North 59th Avenue on November 8 and 9, 2008, and (2) the City of Glendale Special Events Department for the City of Glendale's annual holiday Glendale Glitters Spectacular Weekend to be held at 58th Avenue and Glenn Drive on November 28 and 29, 2008, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 3. LIQUOR LICENSE NO. 3-1209, MERCADO Y CARNICERIA 2 HERMANOS Steve Conrad, Police Chief, and Horatio Skeete, Deputy City Manager, presented this item. This is a request for the City Council to deny a new, non-transferable Series 10 (Liquor, Beer and Wine) license. Mercado Y Carniceria 2 Hermanos is located at 5630 West Camelback Road, Suites 101 and 102. The Arizona Department of Liquor Licenses and Control application (No. 10075672) was submitted by Hisham Hashem Hamid. The location of the establishment is 5630 West Camelback Road, Suites 101 and 102, and is located within the Cactus District. The property is zoned C-2 (General 13 Commercial). This Series 10 is a new license, operating with an interim permit. The population density within a one-mile radius is 21,262. The establishment is over 300 feet from any church or school. 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 5 07 Bar— Beer and Wine 1 09 Liquor Store —All Liquor 3 10 Liquor Store — Beer and Wine 5 12 Restaurant 4 Total 18 The City of Glendale Planning and Fire Departments, as well as Maricopa County Health Department, have reviewed the application and determined that it meets all technical requirements. The Glendale Police Department, pursuant to A.R.S. §4-203.A,. has determined that the applicant has failed to meet the technical requirements showing himself to be capable, qualified, and reliable and has failed to show that the best interest of the community will be substantially served pursuant to A.R.S. §4-201.G. No public protests were received during the 20-day posting period. Based on information summarized under the background and included in more detail in the police report, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control, with a recommendation of denial. Chief Conrad presented the summary. He stated the police department was recommending a denial based on the fact that the applicant made a number of omissions on his original application. He noted these omissions included information about prior criminal activity, compliance actions, and the applicant's failure to disclose ownership of four other liquor license establishments. He added they believe these omissions, along with his reaction to their questions about these omissions, speak directly to this applicant's lack of reliability. He noted one of the applicant's employees was cited for selling beer at this location to an under age person. Based on this information, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of denial. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Application No. 3-1209 for Mercado Y Carniceria 2 Hermanos to the Arizona Department of Liquor Licenses and Control, with a recommendation of denial. The motion carried unanimously. 14 PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 11. REZONING APPLICATION ZON07-20 (ORDINANCE): DESERT RIVER — 7302 NORTH 99TH AVENUE (PUBLIC HEARING REQUIRED) Jon M. Froke, AICP, Planning Director, presented this item. This is a request by Withey Morris, PLC for the City Council to conduct a public hearing and approve a rezoning request for 110 acres from A-1 (Agricultural) to PAD (Planned Area Development). The property is located north of the northwest corner of 99th and Glendale Avenues. The proposed rezoning is consistent with the General Plan objectives of providing a mixed-use employment center with compatible business park, office, community and specialty retail, and restaurants that provide quality economic development for the city. In addition, this proposed rezoning encourages a variety of office, research and production activities. The proposed mix use development titled "Desert River" will include a business park, office, and retail within a single project. There are three districts identified in the PAD development plan and include: Office/Employment, Mixed-Use/Commercial and Business Park. The Planning Commission recommended approval of ZON07-20 on September 18, 2008. The project will allow continued growth in the city's Western Area and contribute to a strong, self-sustaining business park, office, and retail core that can be an economic resource to the community. A public notice for the City Council public hearing was published in The Glendale Star on October 9, 2008, and the property was posted on September 23, 2008. Informational postcards were mailed out to 58 property owners and interested parties on October 10, 2008. No citizens expressed concerns regarding the project during the citizen participation process. The recommendation was to conduct a public hearing, waive reading beyond the title and adopt an ordinance for rezoning application ZON07-20, subject to the stipulations as recommended by the Planning Commission. Vice Mayor Martinez opened the public hearing on Agenda Item No. 11. As there were no comments, Vice Mayor Martinez closed the public hearing. Ms. Vanessa Hickman, of Withey, Morris, PLC., the applicant's representative expressed their gratitude and appreciation to the Mayor, Glendale staff, and specifically 15 Councilmember Clark for their support of this item, as well as for working closely with them over the past year to bring forward this dynamic and exciting quality proposal. Councilmember Clark congratulated the applicant on this dynamic project. She noted the applicant had worked very diligently and had exceeded every requirement given by the city. Councilmember Frate stated this project will allow for continued growth in the western area. He said this builds on Council's goals, which are to provide jobs and opportunities in the west valley. Ordinance No. 2660 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 7302 NORTH 99TH AVENUE FROM A-1 (AGRICULTURAL) TO PAD (PLANNED AREA DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2660 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, and Frate. Members voting "nay": none. PUBLIC HEARING - ORDINANCES 12. AMENDMENT TO GLENDALE CITY TAX CODE INCORPORATING STATUTORY CHANGES (PUBLIC HEARING REQUIRED) Diane Goke, Deputy Finance Director, presented this item. This is a request for the City Council to conduct a public hearing and adopt an ordinance that amends Chapter 21.1 of the Glendale City Code by adopting statutory changes recently adopted by the Arizona Municipal Tax Code Commission. The adoption of a current Model City Sales Tax Code is consistent with the Council's strategic goal of a city that is fiscally sound by ensuring that revenue streams are collected pursuant to state law. The League of Cities and Towns puts together a package of changes to the Model City Tax Code that should be adopted to maintain consistency and uniformity among all cities. This year's recommended changes include: (1) clarification of the definition of Out-of-State Sales, (2) deductions and exemptions for Solar Energy Devices, and (3) the exclusion of architectural and engineering fees from gross income. 16 On April 1, 1987, the Council approved the adoption of the Model City Tax Code. This code gives Glendale the ability to maintain its sales tax base while providing more uniformity in the application and administration of local transaction privilege (sales) tax. The Council approved several amendments to the Code since the original adoption, including the latest amendment on December 11, 2007. The Model City Tax Code provides taxpayers a uniform tax code with consistent language that is used throughout the state. These changes are expected to have no impact. Cities through their Unified Audit Committee, and the League of Arizona Cities and Towns worked with the industry on these changes. Interested business representatives participated in preparing the proposal. The Municipal Tax Code Commission then held public hearings to receive business community input, and then acted to approve the amendments. The recommendation was to conduct a public hearing, and waive reading beyond the title and adopt an ordinance amending the Glendale City Code as it relates to the Model City Tax Code. Vice Mayor Martinez opened the public hearing on Agenda Item No. 12. As there were no comments, Vice Mayor Martinez closed the public hearing. Councilmember Clark asked to clarify this ordinance for the public. She stated the changes being made in the City of Glendale relate to the clarification of the definition of out-of-state sales. She added that the clarification dealt with deductions and exceptions for solar energy devices and technical exclusion of architectural and engineering fees from gross income. She noted these changes were only technical clarifications that do not affect the public's taxes. Ordinance No. 2661 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 21.1 (MODEL CITY PRIVILEGE (SALES) TAX CODE) BY ADOPTING STATUTORY CHANGES APPROVED AND ADOPTED BY THE MUNICIPAL TAX CODE COMMISSION THROUGH 2008; ESTABLISHING AN EFFECTIVE DATE OF DECEMBER 1, 2008; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES FOR VIOLATIONS. It was moved by Lieberman, and seconded by Clark, to approve Ordinance No. 2661 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, and Frate. Members voting "nay": none. 17 ORDINANCES 13. ABANDONMENT OF RIGHT-OF WAY: BEHREND DRIVE BETWEEN 57TH AND 59TH AVENUES, MIDWESTERN UNIVERSITY CAMPUS Larry J. Broyles, P.E., City Engineer, presented this item. This is a request for the City Council to adopt an ordinance abandoning a portion of Behrend Drive between 57th and 59th Avenues, reserving to the city needed waterline easements. On April 2, 1998 Midwestern University dedicated as public right-of-way a 50- foot wide portion of Behrend Drive, between 57th and 59th Avenues. Midwestern University recently redesigned a portion of its campus and now requests the city abandon this portion of Behrend Drive to accommodate the new design. There have been no objections to this abandonment from private utility companies, or from other city departments, as long as the city retains its waterline easement. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning a portion of Behrend Drive between 57th and 59th Avenues, reserving to the city needed waterline easements. Ordinance No. 2662 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 ABANDONMENT OF A PORTION OF BEHREND DRIVE BETWEEN 57TH AND 59TH AVENUES TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; RESERVING TO THE CITY THE AREAS FOR RIGHT-OF-WAY AND UTILITIES; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2662 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, and Frate. Members voting "nay": none. 14. DEEDS AND EASEMENTS ORDINANCE Darcie McCracken, Deputy City Clerk, presented this item. This is a request for the Council to formally accept real estate properties on behalf of the City of Glendale. 18 The Deeds and Easements Ordinance is comprised of properties that have been deeded to the City. The deeds have all been recorded with Maricopa County. The recommendation was to waive reading beyond the title and adopt an ordinance formally accepting the real estate properties on behalf of the City of Glendale. Ordinance No. 2663 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY CONVEYED TO THE CITY OF GLENDALE. It was moved by Knaack, and seconded by Frate, to approve Ordinance No. 2663 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. NEW BUSINESS 15. REAPPOINTMENT OF CITY JUDGE Alma Carmicle, Human Resources Director, presented this item. This is a request for the City Council to reappoint City Judge John Burkholder to a four-year term. His current term expires October 31, 2008. Judge John Burkholder has served as City Judge in Glendale since 1995 and is eligible for reappointment to a four-year term. The Judicial Selection Advisory Board unanimously recommends Judge Burkholder's reappointment based on the results of his reappointment interview, letters of recommendation received on his behalf, confidential survey results conducted by a private research firm, and other reappointment materials. The confidential survey and questionnaire on reappointment was mailed to nearly 400 recipients. Public input on reappointment was sought through advertisement in The Arizona Republic, The Glendale Star and Maricopa Lawyer (published by the Maricopa County Bar Association). The survey results and all letters of input have been provided to the Mayor and Council, along with letters of recommendation. The recommendation was to reappoint City Judge John Burkholder to a four- year term. 19 It was moved by Lieberman, and seconded by Goulet, to reappoint City Judge John Burkholder to a four-year term, commencing November 1, 2008. The motion carried unanimously. Councilmember Clark congratulated Judge John Burkholder on his reappointment. She stated he has done great work and looks forward to his continued work with the City Court. Vice Mayor Martinez also congratulated Judge John Burkholder. He stated he had been very impressed when reviewing reports which indicated the highest possible recommendations from his peers. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Lieberman, and seconded by Clark, to vacate the regularly scheduled City Council workshop on November 4, 2008 due to the general election. It was further moved to hold a Special Meeting and Executive Session pursuant to A.R.S. 38-431.03 of the Glendale City Council at 9:00 a.m. in room B-3 of the City Council Chambers on Thursday, November 6, 2008. It was further moved to vacate the regularly scheduled City Council evening meeting on November 11 due to the city being closed in observance of Veteran's Day. It was further moved to hold a special meeting and Executive Session pursuant to A.R.S. 38-431.03 of the Glendale City Council at 10:00 a.m. at the Glendale Media Center, 9494 West Maryland Avenue, on Tuesday, November 18, 2008. Finally, it was moved that the next regularly scheduled City Council Workshop session be held at 1:30 p.m. in room B-3 of the City Council Chambers on Tuesday, November 18 to be followed by an Executive Session pursuant to A.R.S. 38-431.03. MOTION TO EXCUSE MAYOR It was moved by Lieberman, and seconded by Frate, to excuse Mayor Scruggs from tonight's Council meeting. The motion carried unanimously. CITIZEN COMMENTS None COUNCIL COMMENTS AND SUGGESTIONS 20 Councilmember Clark invited her constituents to her district meeting this coming Monday night at 6:30pm. Please call her office for further information. She added they were arranging to give away some child car seats at the meeting. Councilmember Goulet commented on the Centerline Project downtown. He thanked all who had taken the time to attend the meetings. He also thanked ASU students for their participation. Councilmember Lieberman thanked his constituents for the great attendance at his last neighborhood meeting. He also thanked the people who participated in the Anthony Holly Motorcycle Run this past Saturday. He stated it was an absolute success. He encouraged everyone to vote on Election Day. Councilmember Frate also encouraged everyone to vote. He suggested people who worked late visit places with early voting. He invited everyone to the Sahuaro Park Ranch Annual Halloween event. He reminded everyone, as he always does, to please watch children around water. Councilmember Knaack commented on the Sahuaro Park event on Halloween night. She encouraged everyone to attend this award winning event. She added this was a safe event for the entire family. Vice Mayor Martinez stated he was glad to see the construction of the bridge over Skunk Creek at 57th Avenue on the agenda tonight. He said this project had been a long time coming. ADJOURNMENT There being no further business, the meeting was adjourned at 7:40 p.m. Pamela Hanna - City Clerk 21