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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/10/2012 I GLENIV1 MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue April 10,2012 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: Norma S. Alvarez, Joyce V. Clark, Yvonne J. Knaack, and Manuel D. Martinez. Councilmember H. Philip Lieberman was absent. Also present were Ed Beasley, City Manager; Horatio Skeete, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. Mayor Scruggs called for the Pledge of Allegiance and a moment of silence was observed. COMPLIANCE WITH ARTICLE VII, SECTION 6(g) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 5 resolutions to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE MARCH 27, 2012 CITY COUNCIL MEETING It was moved by Clark, and seconded by Frate, to dispense with the reading of the minutes of the March 27, 2012 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. 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 and 2 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 3 through 5 by number and title. Mr. Beasley, City Manager administratively removed Item 5 from the agenda and it was not heard. 1. LIQUOR LICENSE NO. 5-5459, AYY CHIHUAHUA CANTINA This is a request for City Council to approve a person-to-person transferable series 7 (Bar - Beer and Wine) license for Ayy Chihuahua Cantina located at 5008 West Northern Avenue. The Arizona Department of Liquor Licenses and Control application (No. 07070639) was submitted by Agustin Moreno Loza. The location of the establishment is 5008 West Northern Avenue in the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 22,007. Ayy Chihuahua Cantina is currently operating with an interim permit, therefore, the approval of this license will not increase the number of liquor licenses in the area. 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 3 09 Liquor Store -All Liquor 3 10 Liquor Store - Beer and Wine 4 12 Restaurant 1 14 Private Club 1 Total 14 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. 2. RENTAL AGREEMENTS WITH EMPIRE SOUTHWEST, LLC This is a request for City Council to authorize an additional $200,000 to the agreements with Empire Southwest, LLC for the rental of heavy equipment, fuel, maintenance, and repair costs. These rental agreements with Empire Southwest, LLC will allow the Police Department to continue their search for the remains of a victim in a homicide investigation. The Police Department is asking for an increase because they will exceed the amount initially approved by City Council. The Police Department anticipates receiving financial assistance from the Maricopa County Attorney's Office and the Federal Bureau of Investigation. On February 14, 2012, Council approved the entering into of three rental agreements with Empire Southwest, LLC for the rental of heavy equipment in an amount not to exceed $90,000. 2 Funding is available in the FY 2011-12 RICO funds for the rental of heavy equipment. The final cost is dependent on the length of use, which is unknown at this time. The recommendation is to authorize an additional $200,000 to the agreements with Empire Southwest, LLC for the rental of heavy equipment, fuel, maintenance, and repair costs. CONSENT RESOLUTIONS 3. MARICOPA COUNTY ATTORNEY'S MEMORANDUM OF UNDERSTANDING This is a request for City Council to adopt a resolution authorizing the City Manager to enter into a memorandum of understanding with the Maricopa County Attorney's Office (MCAO) concerning asset forfeiture services for the Glendale Police Department. Asset forfeiture, also known as Racketeering Influenced Corrupt Organizations (RICO), allows the government to legally use the proceeds from criminal enterprises forfeited by individuals or organizations and utilize them in approved law enforcement operations. The funds are not forfeited unless authorized through the courts after due process, which MCAO assists with. The city has been participating in this program for at least two decades. On October 28, 2008, Council approved a memorandum of understanding with MCAO for asset forfeiture services. Participation in equitable asset sharing enables the Glendale Police Department to continue to target large-scale operations to suppress drug importation and sales in the city. It promotes close cooperation between federal agencies and the Glendale Police Department,while penalizing drug traffickers by seizing their illicit assets and charging them criminally. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a memorandum of understanding with the Maricopa County Attorney's Office concerning asset forfeiture services for the Glendale Police Department. Resolution No. 4556 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 MEMORANDUM OF UNDERSTANDING WITH THE MARICOPA COUNTY ATTORNEY'S OFFICE CONCERNING ASSET FORFEITURE SERVICES (RICO) FOR THE GLENDALE POLICE DEPARTMENT. 4. ADDENDUM TO AGREEMENT WITH SALT RIVER PROJECT FOR UTILITY RELOCATION AND ENHANCEMENTS AT GRAND AND MISSOURI AVENUES This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an addendum to an agreement with Salt River Project (SRP) for the relocation and undergrounding of electric utilities as part of the Grand Avenue infrastructure improvement project. 3 The Arizona Department of Transportation (ADOT) and the City of Glendale are participating in a joint project to improve traffic flows and enhance the appearance of Grand Avenue. The project includes improvements to electric utilities in SRP's service area. The original agreement with SRP consists of design, relocation and undergrounding of electric utilities along Grand Avenue. This addendum provides SRP an additional $15,060 to obtain a railroad permit from the Burlington Northern and Santa Fe (BNSF) Railway in order to perform the required work on BNSF-owned property at Grand and Missouri Avenues. An existing intergovernmental agreement with ADOT will cover the full cost of electric utility work on the Grand Avenue project. On January 24, 2012, Council approved an agreement with SRP for infrastructure improvements at Grand and Missouri Avenues for $38,111.86 and approved an agreement with ADOT for infrastructure improvements along Grand Avenue. The proposed enhancements will improve traffic flow, provide more efficient access to adjacent properties, and enhance the lighting and aesthetics of Grand Avenue. Improvements include landscaping, sign upgrades, sidewalks and the undergrounding of utilities. On June 26, 2008, ADOT held an open house in Glendale for public comments on the Design Concept Report and Environmental Study for Grand Avenue improvements. No comments were received from the public. Proposed improvements on Grand Avenue have been presented at each of the annual GO Program public meetings since 2003. Funding is provided by ADOT through a Maricopa Association of Governments regional area road fund grant and is available in the FY 2011-12 capital improvement program. There are no operating costs associated with this portion of the project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $15,060 Account Name, Fund,Account and Line Item Number: Grand Avenue Infrastructure Improvements, Account No. 1650-67542-518200, $15,060 The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an addendum to an agreement with Salt River Project for relocation and undergrounding of electric utilities as part of the Grand Avenue infrastructure improvement project, in an amount not to exceed $15,060. Resolution No. 4557 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA 4 COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED, "DISTRIBUTION DESIGN & CONSTRUCTION CONTRACT ADDENDUM" WITH SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT FOR THE RELOCATION AND UNDERGROUNDING OF ELECTRIC UTILITIES AS PART OF THE GRAND AVENUE INFRASTRUCTURE IMPROVEMENT PROJECT. 5. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA STATE FORESTRY DIVISION This item was administratively removed from the agenda and not heard. It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4, including the approval and adoption of Resolution No. 4556 New Series, Resolution No. 4557 New Series, and to forward Liquor License Application No. 5-5459, AYY Chihuahua Cantina to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. BIDS AND CONTRACTS 6. AGREEMENT WITH HABITAT FOR HUMANITY CENTRAL ARIZONA Jim Colson, Deputy City Manager, presented this item. This is a request for City Council to authorize the City Manager to enter into an Agreement for Neighborhood Stabilization Program 3 (NSP 3) funds for Acquisition, Rehabilitation and Resale of Foreclosed Homes(Agreement) with Habitat for Humanity Central Arizona(Habitat). In November of 2011, the City of Glendale conducted a request for proposal (RFP) process, following the city's procurement code, to identify a qualified partner to mitigate the impact of foreclosures in our community. Two qualified non-profit agencies responded to the RFP solicitation. The review team evaluated both respondents, which resulted in Habitat for Humanity Central Arizona being recommended for award. The letter of intent to award was posted on the city's website October 6, 2011 for a period of 14 days, no questions or comments were received. This Agreement will allow Habitat to use NSP 3 funds in the amount of$1,296,540 to purchase and renovate 12 foreclosed single-family homes in the target areas of Glendale as outlined in the attached boundary map and indicated below. The homes will be re-sold to income-qualified residents. • North: Orangewood Ave., South: Glendale Ave., East: 53rd Ave., West: 57th Ave. • North: Glendale Ave., South: Ocotillo Rd., East: 63rd Ave., West: 67th Ave • North: Glendale Ave., South: Maryland Ave., East: 59th Ave., West: 63rd Ave. • North: Glendale Ave., South: Maryland Ave., East: 51st Ave., West: Grand Ave. 5 • North: Glendale Ave., South: Maryland Ave., East: 43rd Ave., West: 51st Ave. During the acquisition phase, Habitat will consult with local realtors to identify vacant, foreclosed properties in the city's target areas and obtain the required environmental assessments and clearances through the city. An outreach to schools, neighborhoods, community groups, churches, and housing shelters will be made by Habitat to identify the opportunities for home ownership to qualified residents. The U.S. Department of Housing and Urban Development (HUD) requires program home buyers to participate in counseling to enhance money management and financial planning skills. Habitat requires home buyers to invest at least 100 hours of sweat equity by working on home rehabilitation projects. Habitat's business model generates substantial cost reductions through the use of volunteer labor to rehabilitate homes and frequent receipt of donated or discounted materials. It is anticipated that Habitat volunteers will donate approximately 864 hours of time on each home rehabilitated. On March 22, 2011, Council formally adopted an amendment to the Community Revitalization Annual Action Plan accepting NSP 3 funds from HUD and allocated $1,296,540 to the acquisition and rehabilitation of foreclosed single family houses, targeting neighborhoods surrounding the Centerline Area. On December 16, 2010, during a public meeting, the Community Development Advisory Committee (CDAC) reviewed and approved the eligibility of the NSP 3 funding. The acquisition, revitalization and resale of foreclosed single family houses will help stabilize neighborhoods and improve the quality of life for the existing neighbors. These units will be completely rehabilitated and incorporated with energy-efficient and green building features, which maintains affordability. HUD requires cities to solicit comments through a public participation plan. On December 16, 2010, during a public meeting, CDAC reviewed and approved the eligibility of the NSP 3 funding. The Public Notice was published in The Glendale Star on December 23, 2010 and December 30, 2010, informing the public about the amendment to the Community Revitalization Annual Action Plan, the five locations in which to view the amendment and the 15-day public comment period. The public comment period began on January 7, 2011 and ended January 24, 2011. In addition, on January 19, 2011, CDAC conducted a public hearing on the Annual Action Plan to accept the NSP 3 funds, and the proposed eligible use of said funds. No comments were received. NSP 3 funds in the amount of$1,296,540 will be used for the project. An in-kind match provided through Habitat volunteers include approximately 10,368 hours of volunteer labor valued at approximately $128,988. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $1,296,540 6 Account Name, Fund,Account and Line Item Number: Neighborhood Stabilization Program 3, Account No. 1311-30910-518200, $1,296,540 The recommendation is to authorize the City Manager to enter into an Agreement for Neighborhood Stabilization Program 3 funds for Acquisition, Rehabilitation and Resale of Foreclosed Homes with Habitat for Humanity Central Arizona. Councilmember Knaack commented this was a great ongoing story in the partnership between Habitat for Humanity and the City of Glendale. Having these families placed in these new homes was one of the best things they could do. She thanked Mr. Roger Schwierjohn for all his dedication and service to the Habitat for Humanity and the City of Glendale. Councilmember Clark agreed with Councilmember Knaack's comments and added that most of the Council has attended one or more of these home dedications. She remarked on the ripple effect these new homes have on the rest of the neighborhood. The neighbors begin to also invest in their properties. She asked staff to take a minute to explain to the public the city's plan to only rehabilitate 12 homes with the $1.2 million. She asked staff to explain how that money is spent so they understand the value of the city's investment. Mr. Roger Schwierjohn, President and CEO of Habitat for Humanity for Central Arizona, explained they estimate based on an average acquisition price of somewhere around $65,000 to $75,000 per house. Additionally, based on the condition of the home, they will spend an additional $35,000 or $40,000 per home to renovate. He explained the extensive work done to each home includes making it energy efficient. Councilmember Clark commented on the many sponsors Habitat for Humanity has that helped defray cost since the cost was sometimes more than the $35,000 or $40,000 per home to renovate. Mr. Schwierjohn indicated that if any money was left over, they will do more than the 12 homes. However, they had to be realistic and use their estimate first. He noted many of the major banks have identified Glendale as one of the cities they want to focus their dollars in. Councilmember Clark stated this really was a positive program that uplifts neighborhoods. She thanked Mr. Schwierjohn once again for all he did in the communities. Mayor Scruggs said she was very proud to have Mr. Schwierjohn as a Glendale citizen and proud of all the great work he had done with Habitat for Humanity for the rest of the citizens for so many years. Thank you. It was moved by Clark, and seconded by Martinez, to authorize the City Manager to enter into an Agreement for Neighborhood Stabilization Program 3 funds for Acquisition, Rehabilitation and Resale of Foreclosed Homes with Habitat for Humanity Central Arizona. The motion carried unanimously. 7 RESOLUTIONS 7. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR POLICE DEPARTMENT RECORD COMPUTER SYSTEM Debora Black, Interim Police Chief, presented this item. This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement(IGA) with the City of Phoenix Police Department for use of its Police Automated Computer Entry (PACE) system. This IGA specifies the use of the PACE system. The purpose of the IGA is to outline conditions under which the Phoenix and Glendale Police Departments allow the sharing of law enforcement information. Glendale Police Department is currently an active user of the PACE system, and routinely enters law enforcement information into PACE and utilizes PACE for investigative purposes. The Glendale Police Department has been using the PACE system for at least two decades. The fee to access to this system is $17,600 annually. If approved, this IGA will remain in force for ten years. Entering into this IGA will continue to enhance and foster the exchange of criminal justice information,to assist in criminal investigations, and improve officer and public safety. Funds are available in the FY 2011-12 operating budget of the Police Department. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $17,600 Account Name, Fund,Account and Line Item Number: Communications, Account No. 1000-12230-523400, $17,600 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 City of Phoenix Police Department for use of its Police Automated Computer Entry system. Resolution No. 4559 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 CITY OF PHOENIX POLICE DEPARTMENT FOR USE OF ITS POLICE AUTOMATED COMPUTER ENTRY (PACE) SYSTEM BY THE GLENDALE POLICE DEPARTMENT. It was moved by Knaack, and seconded by Martinez, to pass, adopt and approve Resolution No. 4559 New Series. The motion carried unanimously. 8 8. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR RECIPROCAL SOLID WASTE DISPOSAL SERVICES Frank Lomeli, Deputy Director, Public Works, presented this item. This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement (IGA) with the City of Phoenix for reciprocal solid waste disposal services. The agreement provides for a mutual exchange of solid waste tonnage and disposal services at respective Glendale and Phoenix solid waste facilities. The cities of Glendale and Phoenix have exchanged solid waste tonnage and disposal services through IGA's since 1995. This IGA allows solid waste vehicles from each city to utilize the landfill and transfer facilities owned by the other city depending on collection route locations. The advantages include efficiencies in vehicle routing and fuel economy, avoidance of excessive travel times and distances, solid waste services provided to residents more quickly and cost effectively, and pollution reduction. Tonnage is tracked by both cities on a monthly basis and the city with more disposal tonnage at the end of the fiscal year pays the posted gate rate for that disposal facility. Glendale and Phoenix exchange an equivalent tonnage amount of approximately 12,000 tons annually. Upon Council approval, the IGA will become effective immediately and will continue thereafter until June 30, 2015. The IGA contains an option that will permit the City Manager, at his discretion, to extend the term for one additional three-year period, on the terms and conditions acceptable to both Glendale and Phoenix. The IGA has already been approved by the Phoenix City Council. On March 19, 2009, the City Manager executed the first amendment to the IGA with Phoenix extending the term of agreement for one additional three-year period. On February 28, 2006, Council adopted the IGA with Phoenix for waste tonnage exchange and reciprocal solid waste disposal services, and authorized the City Manager to extend the term for one additional three-year period. On July 25, 1995, Council adopted the first IGA with Phoenix for waste tonnage exchange and reciprocal solid waste disposal services. The IGA was renewed by Council on December 12, 2000, and later extended by the City Manager on January 2, 2004. 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 City of Phoenix for reciprocal solid waste disposal services; and further authorizing the City Manager, at his discretion, to extend the term in accordance with the provisions of the intergovernmental agreement. Councilmember Clark asked since tonnage was tracked by both cities on a monthly basis and the city with more disposal tonnage at the end of the fiscal year pays the posted gate rate for that disposal facility, who typically ends up paying the end year fee or does it alternate between 9 cities? Frank Lomeli, Deputy Director, Public Works, stated historically, the city of Phoenix ends up paying the posted gate rate. The overage over a seven year span has been between 13 to 300 tons. Councilmember Clark asked how this affected the capacity of our landfill. Mr. Lomeli explained the city does have the capacity to handle additional tonnage, especially now since they have seen a decrease. Councilmember Clark expressed her concern with Phoenix putting in an additional 300 tons and the landfill life expectancy. Mr. Lomeli explained they did their best every month through a monthly tracking report to balance those tons the best they can. Councilmember Clark inquired as to the year the additional 300 tonnage occurred. Mr. Lomeli replied it was FY 2006/07. Councilmember Clark asked how much the city was saving being involved with this IGA. Mr. Lomeli noted their general analysis indicates their saving to be approximately 6000 miles annually. Councilmember Clark noted this might be saving the city a lot on fuel costs these days. Mr. Lomeli agreed and indicated sanitation trucks averages about three miles per gallon. Mayor Scruggs said she wanted to go back to this overage and put it in perspective. She noted the material Council received on this says that Glendale and Phoenix exchange an equivalent tonnage amount of approximately 12,000 tons annually. She continued that without this IGA, Glendale would still have that same 12,000 tons going into our landfill. She stated the 300 additional tonnage is somewhere between one and one hundredths of a percent to three percent She believed that would be a three percent differences so it really is negligible. Mr. Lomeli agreed. Mayor Scruggs said for those who are wondering why the city is doing this ....sending 12,000 tons to the Phoenix landfill; and, accepting 12,000 tons in our landfill, it is as Councilmember Clark just pointed out, the savings in the gasoline or diesel fuel, was really a big deal. Resolution No. 4560 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 RECIPROCAL SERVICES AGREEMENT FOR LANDFILL DISPOSAL SERVICES WITH THE CITY OF PHOENIX. It was moved by Martinez, and seconded by Clark, to pass, adopt and approve Resolution No. 4560 New Series. 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 8:30 a.m. in the City Council Chambers on Tuesday, April, 17, 2012, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. 10 MOTION TO EXCUSE COUNCILMEMBER LIEBERMAN It was moved by Frate, and seconded by Martinez, to excuse Councilmember Lieberman from tonight's Council meeting. The motion carried unanimously. CITIZEN COMMENTS Darcy Serlin, a City of Phoenix resident, stated there were no Albertsons, Bashas', Fresh & Easy, Frys, Safeway, Target grocers, Whole Foods or Walmart Super Centers in the Yucca District. A Walmart Neighborhood Market Place was the only major grocer operating in the Yucca District. She added the Yucca District also did not have a library, dog park, swimming pool facility, recreation center, fishing lake or softball and soccer fields. She explained the enormous need for a swimming pool in the area with the triple digit heat just around the corner. She noted the debt the city has incurred creating sports venues in the Yucca District while creating no community projects. Andrew Marwick, a City of Phoenix resident, provided his observations about the freeways in Arizona and their effect on development in the area. He does not agree with the proposed highway development scheduled in and around Luke Air Force Base and Westgate area. Arthur L. Thruston, a Cactus District resident, stated he has been vindicated and proven not crazy. He told the Council many times all he knew about the city was what he read in the newspapers, saw on television, etc. However, he felt secure that the Mayor and City Council were taking care of things. He recently read that Mayor Scruggs said she didn't know more than she read in the newspapers with regard to the Coyotes', etc. He expressed concern. Mr. Thruston continued recently, Mayor Scruggs and Vice Mayor Frate had announced they would not be seeking a next term and candidates have been coming out of the woodwork. He agrees with all the wonderful things that have been said about Mayor Scruggs' period in office. However, was surprised to hear that now the Council was going to fix the budget, except, he thought that's what they had been doing for 20 years. He read from an article that talked about wanting the NHL to grant a payment plan to the city. He believes it was pretty bad when the NHL has to save the city because of the errors that have been made. He reiterated that he'd said before Mayor Scruggs was his favorite Mayor and still is. COUNCIL COMMENTS AND SUGGESTIONS Vice Mayor Frate reminded everyone to always watch children around water. Councilmember Martinez invited everyone to his Cholla District meeting on April 18th at the Foothills Library stating at 6:30pm. Councilmember Knaack encouraged everyone to attend the Jazz and Blues Festival this weekend. She hopes to see everyone out there having a great time. 11 ADJOURNMENT There being no further business, the meet'I.! was adjourned at 7:50 p.m. ''� Pamela annaq-City Clerk 12