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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 8/23/2011 reg 41 ` GLENIVE MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue August 23,2011 7:00 p.m. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Steven E. Frate and the following Councilmembers present: Joyce V. Clark, Yvonne J. Knaack, H. Philip Lieberman and Manuel D. Martinez. Councilmember Norma S. Alvarez was absent. Also present were Ed Beasley, City Manager; Horatio Skeete, 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 6 resolutions and lordinance 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 JUNE 28, 2011 CITY COUNCIL MEETING It was moved by Clark, and seconded by Lieberman, to dispense with the reading of the minutes of the June 28, 2011 Regular City Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. BOARDS, COMMISSIONS AND OTHER BODIES BOARDS, COMMISSIONS AND OTHER BODIES This is a request for City Council to approve the recommended appointments to the following boards, commissions and other bodies that have a vacancy or expired term and for the Mayor to administer the Oath of Office to those appointees in attendance. Arts Commission JoAnn Lee Cholla Appointment 08/24/2011 08/24/2013 1 Citizens Advisory Commission On Neighborhoods Alfred Dixon Mayoral Appointment 08/23/2011 06/30/2013 Parks &Recreation Advisory Commission Rachel Nowakowski Yucca Appointment 08/23/2011 04/09/2013 Make appointments to the boards, commissions and other bodies and administer the Oaths of Office. It was moved by Clark, and seconded by Frate, to appoint JoAnn Lee to the Arts Commission; Alfred Dixon to the Citizens Advisory Commission on Neighborhoods; and Rachel Nowakowski to the Parks & Recreation Advisory Commission, for the terms listed above. The motion carried unanimously. Mayor Scruggs called the appointed commissioner in attendance, Alfred Dixon, forward and issued the oath of office. 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 12 by number and title. Councilmember Clark asked that item number 8 be heard separately. Councilmember Knaack asked that item number 7 be heard separately. 1. SPECIAL EVENT LIQUOR LICENSE, ARIZONA PARKS &RECREATION FELLOWSHIP This is a request for City Council to approve a special event liquor license for the Arizona Parks & Recreation Fellowship. The event will be held at Sahuaro Ranch Sports Complex located at 9802 North 59th Avenue on Friday, September 2, from 4 p.m. to 10 p.m.; and Saturday and Sunday, September 3 and 4, 2011, from 10 a.m. to 10 p.m. The purpose of this special event liquor license is for the ASA Men's "E" Western National Softball Tournament. 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. 2 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, EVE'S PLACE, INC. This is a request for City Council to approve a special event liquor license for Eve's Place, Inc. The event will be held at Westgate City Center located at 6770 North Sunrise Boulevard on Sundays, September 11 and October 2, 2011, from 8 a.m. to 8 p.m. The purpose of this special event liquor license is for a Cardinals football game tailgate party. If this application is approved, the total number of days expended by this applicant will be two 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. LIQUOR LICENSE NO. 5-1369, SALSA BLANCA MEXICAN GRILL This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license for Salsa Blanca Mexican Grill located at 20221 North 67th Avenue, Suite E-7. The Arizona Department of Liquor Licenses and Control application (No. 12078751) was submitted by Jennifer Dawn Kokofakas. The location of the establishment is 20221 North 67th Avenue, Suite E-7 in the Cholla District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 18,921. 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 current number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 07 Bar-Beer and Wine 4 09 Liquor Store -All Liquor 4 10 Liquor Store -Beer and Wine 2 12 Restaurant 11 14 Private Club 1 Total 22 3 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. 4. LIQUOR LICENSE NO. 5-1531, PRONTO MEXICAN FOOD This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license for Pronto Mexican Food located at 8285 West Union Hills Drive, Suite 107. The Arizona Department of Liquor Licenses and Control application (No. 12078769) was submitted by David Ernest Pohl. The location of the establishment is 8285 West Union Hills Drive, Suite 107 in the Sahuaro District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 15,798. 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 current number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 03 Domestic Micro - Brewery 1 06 Bar-All Liquor 1 09 Liquor Store -All Liquor 4 10 Liquor Store - Beer and Wine 1 12 Restaurant 9 Total 16 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. 5. LIQUOR LICENSE NO. 5-1775, YELLOWTAIL SUSHI STEAK This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license for Yellowtail Sushi Steak located at 18255 North 83`d Avenue, Suite 113. The Arizona Department of Liquor Licenses and Control application (No. 12078758) was submitted by Gang H. Lee. 4 The location of the establishment is 18255 North 83rd Avenue, Suite 113 in the Sahuaro District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 14,262. 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 current number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 03 Domestic Micro - Brewery 1 06 Bar-All Liquor 1 07 Barr Beer and Wine 1 09 Liquor Store -All Liquor 5 10 Liquor Store-Beer and Wine 5 12 Restaurant 22 Total 35 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. 6. LIQUOR LICENSE NO. 5-1784, MARK-IT This is a request for City Council to approve a new, non-transferable series 10 (Liquor Store - Beer and Wine) license for Mark-It located at 6031 North 67th Avenue, Suite 1. The Arizona Department of Liquor Licenses and Control application (No. 10076176) was submitted by Ali M. Aldami. The location of the establishment is 6031 North 67th Avenue, Suite 1 in the Ocotillo District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 30,272. 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 current number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar-All Liquor 2 07 Bar-Beer and Wine 1 09 Liquor Store -All Liquor 4 10 Liquor Store -Beer and Wine 13 12 Restaurant 2 Total 22 5 The City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. CONSENT RESOLUTIONS 9. 2011 JUSTICE ASSISTANCE GRANT AWARD This is a request for City Council to adopt a resolution authorizing and ratifying the acceptance of grant funding from the 2011 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$122,631. This grant supports Council's goals of one community with high-quality services for citizens and one community committed to public safety. These goals are supported by focusing this funding toward a portion of the cost of replacing the current Computer Aided Dispatch (CAD) and Records Management System (RMS)with a more advanced system that will improve the level of service to citizens. The U.S. Department of Justice has made funding available to cities through the Edward Byrne Memorial Justice Assistance Grant Program. Maricopa County serves as the fiscal agent for this pass-through grant. The grant had an acceptance due date of June 30, 2011. The replacement CAD and RMS software would include modules for booking, records management, dispatch, field reporting, property and evidence management, and crime analysis. Other important outcomes of this project include improved access to "real time" crime data for crime response and analysis and enhanced access to critical information for officers responding to calls for service. On June 22, 2010, Council approved the acceptance of$164,499 from the 2010 Edward Byrne Memorial Justice Grant. On August 11, 2009, Council approved the acceptance of$172,060 from the 2009 Edward Byrne Memorial Justice Grant. This is one-time funding by the U.S. Department of Justice. There is no financial match required for this grant. Ongoing operating costs will be funded by RICO. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $122,631 6 Account Name, Fund,Account and Line Item Number: A specific account will be established in Fund 1840,the city's grant fund, once the agreement is fully executed. The recommendation is to waive reading beyond the title and adopt a resolution authorizing and ratifying the acceptance of grant funding from the 2011 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$122,631. Resolution No. 4503 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 ACCEPTANCE OF GRANT FUNDING FROM THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF $122,631 FOR THE GLENDALE POLICE DEPARTMENT. 10. FY 2011-12 PROJECT SAFE NEIGHBORHOODS GRANT AWARD This is a request for City Council to adopt a resolution authorizing the City Manager to accept the FY 2011-12 Project Safe Neighborhoods grant in the approximate amount of$11,269. This request supports Council's goals of one community committed to public safety and one community with high-quality services for citizens by providing the Police Department a means to focus on reducing crime in the community. This grant award will support the Police Department by providing overtime funding for personnel during the grant period between July 1, 2011 and June 30, 2012. It will increase the time forensic technicians and detectives dedicate to examining ballistic evidence. Results will be entered into the National Integrated Ballistic Information Network (NIBIN) database and compared to records in the database to find matches leading to the solution of crimes and the prosecution of offenders. This grant will benefit the Glendale community and the citizens by allowing the Police Department to use more resources and extended hours on the forensic examination of seized weapons and casings. Entry of that information into the NIBIN database will enable comparison with other records related to violent crimes in the database to find matches that will lead to the solution of crimes and the arrest and prosecution of offenders. There is no financial match required for this grant. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $11,269 7 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 awarded and formally executed. The recommendation is to waive reading beyond title and adopt a resolution authorizing the City Manager to accept and administer the FY 2011-12 Arizona Criminal Justice Commission for Project Safe Neighborhoods grant in the approximate amount of$11,269. Resolution No. 4504 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION, PROJECT SAFE NEIGHBORHOODS TO SUPPORT OVERTIME ENFORCEMENT ACTIVITIES BY THE GLENDALE POLICE DEPARTMENT TO ADDRESS FIREARM VIOLENCE REDUCTION. 11. INTERGOVERNMENTAL AGREEMENT WITH U.S. DRUG ENFORCEMENT ADMINISTRATION This is a request for City Council to adopt a resolution authorizing the Police Chief to enter into an intergovernmental agreement (IGA) with the United States Department of Justice, Drug Enforcement Administration (DEA) for the assignment of two Glendale detectives to the DEA Phoenix Task Force. This request supports Council's goal of one community committed to public safety by continuing a partnership with the DEA that provides the benefit of a coordination of efforts and shared resources. Task Force agents and detectives partner with Glendale's narcotics detectives in large scale drug suppression operations. Participation in the Task Force helps the Police Department fight the importation, sale and use of dangerous drugs and narcotics. The DEA will pay overtime incurred up to $17,202.25, annually, as the result of task force activities. Council previously approved intergovernmental agreements with the DEA Task Force in September 2010, September 2009 and October 2008. Participation in the Task Force benefits the Police Department through sharing of information, which leads to large scale operations to suppress drug importation and sales. It promotes close cooperation between the DEA and the department. Removing drug traffickers and the effects of their operations from city neighborhoods is an ongoing priority for law enforcement. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the Police Chief to enter into an intergovernmental agreement with the United States Department of Justice, Drug Enforcement Administration Task Force. 8 Resolution No. 4505 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 UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) FOR ASSIGNMENT OF TWO GLENDALE POLICE DETECTIVES TO THE PHOENIX DEA TASK FORCE. 12. AMEND INTERGOVERNMENTAL AGREEMENTS WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR USE OF CITY INSPECTORS This is a request for City Council to adopt a resolution authorizing the City Manager to enter into amendments to the two intergovernmental agreements with the Arizona Department of Transportation (ADOT) for use of city inspectors on roadway improvement projects in the City of Glendale. This request supports Council's goal of one community with high-quality services for citizens through roadway improvement projects that continue to improve the transportation infrastructure within the city. It also supports Council's goal of one community that is fiscally sound by generating revenue for the city with ADOT's use of city inspectors on federally funded projects. Glendale received federal funds through the Maricopa Association of Governments for an intersection improvement project at 51st and Northern Avenues, and a pavement overlay project on Bell Road from 59th to 70th Avenues. These projects have been constructed by ADOT and included the use of city inspectors for construction engineering services and inspections. Approved intergovernmental agreements with ADOT for these two roadway improvement projects need to be amended to allow for the use and payment of city inspectors. By amending these IGAs, city inspectors will be allowed to share staffing responsibilities on these roadway improvement projects and receive reimbursement from ADOT for inspection services. Through the use of the city's inspectors, ADOT is able to reallocate their staff to other projects. On October 12, 2010, Council approved an intergovernmental agreement with ADOT for a pavement overlay project on Bell Road between 59th and 70th Avenues. On November 25, 2008, Council approved an intergovernmental agreement with ADOT for intersection improvements at 51St and Northern Avenues. By amending these agreements, Glendale will generate approximately $50,000 in revenue through reimbursements from ADOT for city inspection services. 9 The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into amendments to the two intergovernmental agreements with the Arizona Department of Transportation allowing for the use of city inspectors on roadway improvement projects in the City of Glendale. Resolution No. 4506 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 AMENDMENTS TO THE INTERGOVERNMENTAL AGREEMENTS WITH THE STATE OF ARIZONA, DEPARTMENT OF TRANSPORTATION, FOR USE OF CITY INSPECTORS ON STREET PROJECTS IN THE CITY OF GLENDALE. It was moved by Frate and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 6 and 9 through 12, including the approval and adoption of Resolution No. 4503 New Series, Resolution No. 4504 New Series, Resolution No. 4505 New Series, and Resolution No. 4506 New Series; and to forward Special Event Liquor License Applications for Arizona Parks and Recreation Fellowship and Eve's Place, Inc and Liquor License Application No. 5-1369 for Salsa Blanca Mexican Grill, No. 5-1531 for Pronto Mexican Food, No. 5-1775 for Yellowtail Sushi Steak, No. 5-1784 for Mark-It to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 7. LIQUOR LICENSE NO. 5-2045, DIRTY PELICAN GRILL Susan Matousek, Revenue Administrator, presented this item. This is a request for City Council to forward to the Arizona Department of Liquor Licenses and Control a recommendation of denial for a new, non-transferable series 12 (Restaurant) license for Dirty Pelican Grill located at 6718 West Deer Valley Road, Suites 101-104. The Arizona Department of Liquor Licenses and Control application (No. 12078714) was submitted by Paul Daniel Wicher. The location of the establishment is 6718 West Deer Valley Road, Suites 101-104 in the Cholla District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 16,830. This series 12 is a new license; however, if approved, this license would not increase the number of liquor licenses in the area because it would replace the previous one held at this location. The current number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 07 Bar -Beer and Wine 3 09 Liquor Store -All Liquor 1 10 Liquor Store - Beer and Wine 3 12 Restaurant 1 Total 8 10 The City of Glendale Planning and Fire Departments have reviewed the application and determined that it meets all technical requirements. However, as a result of information obtained in the course of the background investigation for this application, the Glendale Police Department is recommending denial. This recommendation is based on the findings of false and misleading information on the application, questions of ownership, the applicant's capability, qualification, and reliability, and restaurant requirements. On June 30th, during an on-site inspection and a conversation that the Glendale Police Investigator had with Mr. Wicher it was clear that a person by the name of Mr. Damian Hartze was involved in preparing the business for opening, the day-to-day operations, and a controlling person on business accounts. The Investigator concluded this when Mr. Wicher could not provide all the invoices for the liquor on the premises. He stated that he thought the alcohol came from another business where Mr. Hartze is a majority owner. This is a violation of state law. The business property is leased to Shark Bite LLC, which was set up and managed by Mr. Hartze up until June 28th of this year, when the Articles of Incorporation for this LLC were amended to show Mr. Wicher and his wife as the current members. Despite the amendment showing that Mr. Hartze no longer has an interest in Shark Bite LLC, he remains as a guarantor of the lease payments for the property on behalf of Shark Bite LLC and according to the applicant, Mr. Hartze is still a controlling person on the Shark Bite LLC business bank account. Although the liquor application lists Mr. Wicher as the applicant, it is evident that Mr. Wicher is merely a front person for Mr. Hartze. Mr. Hartze cannot obtain a liquor license under his name due to Federal and State tax liens in excess of $500,000. He has previously been denied a liquor license by the Liquor Board in November 2009 in Goodyear based on insufficient information regarding the financing of that establishment and due to the tax liens. It is also noteworthy that on the application, Mr. Wicher states that he is currently employed as a DJ at another establishment in which Mr. Hartze is a majority owner. Finally, during the on-site inspection, it was observed that the establishment was set up to resemble a bar rather than a restaurant, with many mounted televisions, seating which consists of about 75% of high-top tables, and bar-like food menu. Unlike a Series 12 (restaurant) liquor license, the Arizona State Liquor Department can only issue a finite amount of Series 6 (Bar) licenses. This may be an attempt for Mr. Wicher to circumvent the Series 6 quota. No public protests were received during the 20-day posting period. Based on this information provided under the background, it is staffs recommendation to forward this application, and relevant supporting documents, to the Arizona Department of Liquor Licenses and Control with a recommendation of denial. 11 Councilmember Knaack stated her support of staffs recommendation to forward this application and relevant supporting documents to the Arizona Department of Liquor Licenses and Control with a recommendation of denial. She noted these were very serious infractions made by the applicant and commends the city and the police department for their findings. 8. OFF-TRACK WAGERING LICENSE NO. 5-2106, TURF PARADISE AT STINGERS Susan Matousek, Revenue Administrator, presented this item. This is a request for City Council to approve a new Off-Track Wagering (Teletracking and Pari- Mutuel) License. Turf Paradise is requesting to operate within Stingers at 10040 North 43rd Avenue, Suite 1-H. The application was submitted by David Johnson. The location of the off-track wagering will be within Stingers at 10040 North 43rd Avenue, Suite 1-H, in the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 21,743. Under the provisions of A.R.S. § 5-111(A), the Arizona Department of Racing may issue a permit to operate an additional wagering facility only if the Council recommends approval of such license. The City of Glendale Planning, Police, Building Safety and Fire Departments have reviewed the application and determined that it meets all technical requirements. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Racing with a recommendation of approval. Councilmember Clark asked if the applicant was available for questions. Mr. David Johnson, Vice President, representing Turf Paradise Race Track, came forward to respond to questions. Councilmember Clark commented on the many police calls for fights and assaults on the site and asked Mr. Johnson if he had expressed his concerns to management. Mr. Johnson explained he was aware of the problems and hopes to correct them. He noted this application was subject to Council's approval and if there is a problem and Council was not happy, they have the right to deny the application. However, he hopes to be given the opportunity to correct the problems. Councilmember Clark asked if they provide security within the location. Mr. Johnson stated no, however, they do have a security system in place. He indicated that security was provided by Stingers and they have provided a security plan to the city. Regarding Item 7, Vice Mayor Frate noted the applicant for the Dirty Pelican can still present information to the Arizona Department of Liquor Licenses should he believe his application is applicable and the board will review it. It was moved by Clark, and seconded by Lieberman, to forward the application for the Dirty Pelican, 5-2045, to the Arizona Department of Liquor Licenses and Control with the recommendation for denial. It was additionally moved to forward the application for 12 Stingers Off-Track Wagering License 5-2106 to the Arizona Department of Racing with the recommendation of approval. The motion carried unanimously. ORDINANCES 13. UPDATE SIGNATURE AUTHORIZATION Diane Goke, Finance Director, presented this item. This is a request for City Council to adopt an ordinance updating the city's signature authority for banking transactions. These authorizations need to be periodically updated due to changes in the organizational structure of the city. It is recommended that the following individuals be authorized signers, effective immediately: Name Position Signature Authorization Ed Beasley City Manager City Manager Horatio Skeete Assistant City Manager City Manager/Treasurer Pam Hanna City Clerk City Clerk James Colson Deputy City Manager Deputy City Manager Sherry Schurhammer Executive Director Executive Director Stuart Kent Executive Director Executive Director Diane Goke Finance Director Finance Director SUPERINTENDENT SIGNATURE Name Position Signature Authorization Stuart Kent Executive Director Superintendent of Streets The recommendation is to waive reading beyond the title and adopt an ordinance updating the signature authority for banking transactions. Ordinance No. 2780 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 DESIGNATED OFFICERS TO DEPOSIT CITY FUNDS IN DESIGNATED BANK; DIRECTING SAID BANK TO RECOGNIZE THE SIGNATURES OF SAID OFFICERS ON ELECTRONIC FUND TRANSFERS, CHECKS FOR DEPOSIT AND/OR WITHDRAWAL; AND DECLARING AN EMERGENCY. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2780 New Series. Motion carried on a roll call vote,with the following Councilmembers voting "aye": Clark,Lieberman,Knaack,Martinez,Frate,and Scruggs. Members voting "nay": none. RESOLUTIONS 14. RESOLUTION SUPPORTING THE GRAND AVENUE CORRIDOR 13 Jamsheed Mehta, AICP, Executive Director, Transportation Services, presented this item. This is a request for City Council to adopt a resolution supporting the preservation of the Grand Avenue Corridor to remain as an expressway facility and state highway under the control of the Arizona Department of Transportation (ADOT). This request will support Council's goals of one community with quality economic development and one community with high-quality services for citizens by supporting Grand Avenue as a heavily travelled expressway facility, and studying additional transportation options that would help meet travel demand and support economic development opportunities. In 2003, ADOT proposed transferring control of US 60 (Grand Avenue) over to the local jurisdictions. The proposal was stopped through the cooperation and coordination of the West Valley cities. At the end of 2010, ADOT once again began to explore the possibility of a transfer of Grand Avenue to local municipalities. This proposal ignited a dialogue among West Valley communities and the Maricopa Association of Governments (MAG) about the proper role of Grand Avenue as a heavily travelled expressway. Following a meeting on this issue in April 2011 with ADOT, MAG drafted a joint-letter to the Director of ADOT, that was signed by the Mayors of El Mirage, Glendale, Peoria, Phoenix, Surprise, and Youngtown, as well as the District 4 Supervisor of Maricopa County, expressing their desires to preserve Grand Avenue as an expressway facility that remains a state highway under the control of ADOT. ADOT agreed to drop their consideration of a transfer of Grand Avenue to local municipalities, and in exchange the cities committed to work in a stakeholder process to develop a vision and plan for the US-60/Grand Avenue Corridor between Interstate 17 and Loop 303 in the West Valley that will support and protect the future viability of Grand Avenue. Glendale staff agreed that the Grand Avenue Corridor needed to be studied holistically and that a comprehensive concept is needed to assist local jurisdictions in developing more compatible and consistent land use, economic development, and transportation plans. MAG has agreed to lead the effort to create a Grand Avenue Corridor Optimization and Access Management Plan. For the past few years, several jurisdictions came together informally as the "Grand Avenue Coalition" to discuss the expansion of public transit options along Grand Avenue. These conversations have been primarily limited to the possibility of implementing a commuter rail line along the BNSF Railway running parallel to Grand Avenue. However, in response to the repeating threat of a transfer, and the potential loss of Grand Avenue as a major expressway, the West Valley communities along Grand Avenue recognized the need to expand the scope of the Coalition and to formalize a commitment from each community to collaborate and coordinate their activities in the development of Grand Avenue. The proposed resolution has been developed in cooperation with the other West Valley communities and MAG. 14 Glendale Transportation Staff fully participated in the Grand Avenue Commuter Rail Corridor Development Plan and the Grand Avenue Major Investment Study Phase II as undertaken by MAG. Residents throughout the city will benefit from additional collaboration between Glendale, MAG, ADOT, and other West Valley communities to protect Grand Avenue as a heavily travelled expressway and from developing a comprehensive vision for the Grand Avenue Corridor that seeks to maximize transportation options and economic development opportunities. The recommendation is to waive reading beyond the title and adopt a resolution supporting the preservation of the Grand Avenue Corridor to remain as an expressway facility and state highway under the control of the Arizona Department of Transportation. Vice Mayor Frate thanked Mayor Scruggs for stepping up and taking the lead in getting the cities together to work on this problem. He stated he was happy with the outcome and believes it was for the better of all the cities. Resolution No. 4507 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 GRAND AVENUE CORRIDOR. It was moved by Knaack, and seconded by Martinez, to pass, adopt and approve Resolution No. 4507 New Series. The motion carried unanimously. 15. INDUSTRIAL DEVELOPMENT AUTHORITY REVENUE BONDS FOR MIDWESTERN UNIVERSITY Brian Friedman, Economic Development Director, presented this item. This is a request for City Council to adopt a resolution authorizing the issuance of Industrial Development Authority (IDA) revenue bonds for Midwestern University in an amount not to exceed $50,000,000. This request is consistent with Council's goal of one community with quality economic development. Midwestern University is a highly-respected university attracting both students and visitors,positively impacting revenues to the city. Under the provision of A.R.S. § 35-742, Glendale is not liable or obligated for the payment of the debt obligations issued by the IDA. In addition, under the provisions of A.R.S. § 35-721(B), the proceedings of the IDA for its issuance of bonds require the approval of the Council, as the governing body of the IDA. A portion of the proceeds of the Bonds (together with other monies provided by Midwestern) will be used to assist the University in financing or reimbursing itself for costs incurred for capital projects at the Glendale and Downer's Grove campuses. The costs include construction and equipping of a dental institute, optometry institute and parking decks at the Glendale 15 campus, and construction and equipping of a new basic science building, parking deck expansion, commons addition, land for a clinic, as well as land and improvements for a dental clinic at the Downer's Grove campus. On April 13, 2010, Council adopted a resolution authorizing the issuance of IDA revenue bonds for Midwestern University in the amount not to exceed $160,000,000 to pay outstanding commercial paper notes in full. Since 1996, the IDA issued a number of series of revenue bonds or commercial paper revenue notes to assist Midwestern in financing the development of the improvements which comprise the Midwestern campus in Glendale. Midwestern University creates a professional, well-educated medical workforce for Glendale. This action will benefit the community by providing a financing mechanism for Midwestern University, a long-time partner with the City of Glendale. The IDA held an open board meeting on June 23, 2011 to preliminarily approve the financing for the issuance of revenue bonds. On August 10, 2011, the Authority Board held an open board meeting to act by Resolution to grant final approval to the financing and to approve the issuance of the Bonds. On August 10, 2011, prior to the meeting, a representative of the IDA conducted a public hearing as required by §147(f) of the Internal Revenue Code of 1986. There was no public input at that time. Under the provision of A.R.S. § 35-742, Glendale is not liable or obligated for the payment of the debt obligations issued by the IDA. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the issuance of Industrial Development Authority revenue bonds for Midwestern University in an amount not to exceed $50,000,000. Councilmember Clark asked if it was typical procedure for an IDA to issue bonds to an entity where the bulk of the money will be expended out of state and will not provide a direct benefit to Glendale or Arizona. Brian Friedman, Economic Development Director, explained that this procedure was typical for this type of application and the city has done this in the past for Midwestern University. Councilmember Clark inquired as to any other cases in Glendale's history or in the history of IDA's where the money typically moves out of state. Mr. Friedman noted that at the moment, he could not identify any, however will get back to the Councilmember with an answer. Vice Mayor Frate noted that Midwestern University was the largest medical school in the state of Arizona. He thanked the University for their partnership with the city of Glendale. Councilmember Martinez also expressed his appreciation for the University's continued contributions to Glendale. 16 Mayor Scruggs thanked Midwestern University for choosing Glendale as their home. She congratulated them on all their successes. Resolution No. 4508 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF GLENDALE, ARIZONA OF ITS REVENUE BONDS, MIDWESTERN UNIVERSITY, SERIES 2011 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000. It was moved by Martinez, and seconded by Knaack, to pass, adopt and approve Resolution No. 4508 New Series. The motion carried unanimously. MOTION TO EXCUSE COUNCILMEMBER ALVAREZ It was moved by Frate, and seconded by Lieberman, to excuse Councilmember Alvarez from tonight's Council meeting. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Frate, and seconded by Knaack, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 6, 2011, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Jamie Aldama, an Ocotillo resident, commented on Councilmember Alvarez's recent accident and her rehabilitation. He stated that Councilmember Alvarez was very resilient and hopes to recover fully. He compared her to a mighty cactus which weathers storms, extreme heat and cold as well as hits to its structure, and still endures. He indicated that Councilmember Alvarez vows to fully recover and continue her promise to the citizens of Glendale and is ready to serve her community and withstand the storm. Ken Jones, an Ocotillo resident, commented on the problems the city has with the Coyote deal and the Casino dilemma. He suggested the public vote on these issues to see where the citizens stand on these important matters. He voiced his support for the casino and the many benefits this will bring the city. He asked the Council to admit that hockey did not work here and cannot pay its way. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark commented on the advisory the Council received from the Transit Department. She read the press release which stated that bus service might be impacted as early 17 as Wednesday, August 24th; however, Glendale's Dial-a-Ride and Neighborhood Circulator will not be affected. For more information, please call 602-253-5000 or go to www.phoenix.gov/publictransit/strike. She remarked on her visit to see how Councilmember Alvarez was doing on her recovery She stated the Councilmember was doing remarkably well and will be back in no time. She wished her a speedy recovery. She also commented on the recent passing of Max Klass. He was Glendale's Mayor for 10 years. She stated he had been an innovator and was a champion for growth in Glendale. He will be greatly missed. Councilmember Lieberman asked for a moment of silence for the 28 soldiers who recently lost their lives in Afghanistan when their helicopter was shot down a few weeks ago. Vice Mayor Frate welcomed the Boy Scout troops attending tonight's meeting. He noted school was back in session and asked drivers to watch out for children. He asked people to watch children around water since there continues to be accidents. Also, please check on the elderly in this extreme heat wave. Councilmember Martinez noted the city was in the process of redistricting Glendale and thanked everyone who attended and became involved in the redistricting meetings. He also thanked Pam Hanna, City Clerk and her staff for the excellent work done on this project. Councilmember Knaack stated she was sad to hear about Councilmember Alvarez accident and wished her a speedy recovery. She praised Mr. Aldama for the kind word said for Councilmember Alvarez. She also thanked Mayor Scruggs for her leadership on the issue of Grande Avenue and was glad for the outcome. She was pleased to be back after the summer break. Mayor Scruggs commented on the passing of Max Klass and all his contributions to Glendale. She noted some of his greatest accomplishments were leading the way in obtaining a federal grant to purchase the land for Sahuaro Park Ranch and the first Glendale airport. He also started a recycling program back in the 70's; however, somehow it went away and is now back. She stated he was a great man that will be greatly missed. ADJOURNMENT There being no further business, the eting w s adjourned at 8:02 p.m. dAlt �� w' Pam a Hanna- City Clerk 18