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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/22/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 22, 2002 AT 7:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the three resolutions and two 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 AUGUST 30, 2002 AND SEPTEMBER 10, 2002 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the October 8, 2002 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. PROCLAMATIONS AND AWARDS This year, the City of Glendale is the recipient of the AAA Arizona Automobile Association (AAA)'s prestigious Gold Community Traffic Safety Award. AAA Arizona is honoring Glendale at a state level for having one of the best education programs in the United States for reducing traffic-related injuries and deaths. The American Automobile Association (AAA) is committed to participating in community-based efforts nationwide to make roads safer for all motorists. In order to acknowledge and encourage outstanding efforts on national and state levels, AAA initiated a program recognizing distinctive action. To that end, AAA Arizona presents annual awards for exceptional contributions to traffic safety. Vice President Gary Gibbs and Public Relations Manager Laura Rightenburg presented the Gold Community Traffic Safety Award to the City of Glendale on behalf of AAA Arizona. On behalf of the City of Glendale, Police Chief Randy Henderlite thanked AAA Arizona for the award, stating staff members who developed the intricate programs are the ones responsible for the success of the city's speed reduction program. 1 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 6 by number and title, and Ms. Pamela Oliveira, City Clerk, read Agenda Item Numbers 7 through 9 by number and title. 1. APPROVAL OF A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE WEST AREA WATER RECLAMATION FACILITY EXPANSION This is a request for City Council approval of a Construction Manager at Risk Agreement with the firm of Sundt Construction, Inc. for providing design support services for the West Area Water Reclamation Facility Expansion. These services include: (1) participating in the design of the facilities to identify and help solve potential issues; (2) tracking the project requirements to establish and maintain project budget; (3) maintaining the project schedule; and (4) conducting the bidding for the project and establishing the Guaranteed Maximum Price (GMP) for constructing the project. Establishment of the GMP will complete the design support services for the Construction Manager at Risk and will be awarded by Council as a separate construction contract to the Construction Manager at Risk. On June 20, 2002, a Request for Qualification was advertised in The Glendale Star with responses received from seven construction firms. Three firms were interviewed on August 22, 2002. The interview committee included the Utilities Department Director, Assistant City Engineer, Senior Civil Engineer, Senior Plant Operator, the City's Environmental Program Manager, a senior executive of a licensed contractor and a licensed professional engineer. The licensed contractor and engineer are required by the new law to serve as industry advocates of the selection process. Sundt Construction, Inc. was selected as the best qualified for Construction Manager at Risk for this project. The fee for performing the Construction Manager at Risk design phase services is not to exceed $350,592. Funds are available for this project in the Water & Sewer Fund, West Area Wastewater Plant, account number 50- 9246-8300. The recommendation was to approve the Construction Manager at Risk Agreement with Sundt Construction, Inc., for an amount not to exceed $350,592. 2. APPROVAL OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT - ARROWHEAD RANCH WATER RECLAMATION FACILITY NITROGEN REMOVAL FOR GROUNDWATER RECHARGE 2 This is a request for City Council approval of an amendment to a professional services agreement with the firm of Carollo Engineers to provide engineering services at the Arrowhead Ranch Water Reclamation Facility (ARWRF) for nitrogen removal for groundwater recharge. These improvements will enable the treatment plant to remove nitrogen from the treated effluent to meet the state's standards for groundwater recharge year round. Carollo Engineers conducted a study of the treatment plant and recommended enhancements of the plant processes to prepare the effluent for groundwater recharge. This amendment to Carollo's professional services agreement will provide predesign, design, and construction management to construct the improvements necessary for an efficient nitrogen removal process. To accommodate year-round nitrogen removal, backup recycle pumps will be added to the treatment plant, permanent baffles will be installed in the bioreactor basins, and revisions to the treatment plant process computer program will be included. Funds for this project are available in the Fiscal Year 2002-2003 Capital Improvements Project account, Arrowhead Wastewater Plant, 50-9261-8300. The recommendation was to a approve the amendment to the professional services agreement with Carollo Engineers in the amount of $148,400 for engineering services at the Arrowhead Ranch Water Reclamation Facility. 3. PROFESSIONAL SERVICES CONTRACT FOR LOOP 101/BETHANY HOME ROAD INTERCHANGE DESIGN CONCEPT REPORT AND ENVIRONMENTAL DETERMINATION REPORT (PROJECT 20302) This is a request for the City Council to award a professional services contract, in the amount of $217,517, to HDR Engineering, Inc. for the preparation of the Loop 101/Bethany Home Road Interchange Design Concept Report (DCR) and Environmental Determination Report (EDR). This project is located on State Route 101L (Loop 101) at approximately milepost 6.0, where the Bethany Home Road alignment crosses Loop 101. Current plans call for extending Bethany Home Road from 83rd Avenue, west to 99`" Avenue. The proposed Loop 101/Bethany Home Road interchange is located approximately 600 feet east of the future Bethany Home Road/99th Avenue intersection and is located entirely within existing Arizona Department of Transportation (ADOT) right-of-way. The construction of the National Hockey League Phoenix Coyotes Arena, the Arizona Tourism and Sports Authority (TSA) Multi-Purpose Facility, and surrounding development will create an immediate need for additional access to Loop 101 in this area. The Loop 101/Bethany Home Road Interchange is an important component in the transportation infrastructure for the Glendale Western Area. It is currently anticipated the construction of this project will be phased to provide access to and from the south along Loop 101, prior to the opening of the Multi-Purpose Facility. 3 The work under this professional services contract will include preliminary engineering and environmental assessment needed to move into final design and construction of the interchange. ADOT has prepared a conceptual plan for connecting Bethany Home Road to Loop 101. ADOT has also prepared a State level Environmental Assessment for Loop 101, from McDowell Road to Northern Avenue. This contract will expand on these two documents. The consultant will refine the conceptual plan, assess the environmental impacts, and propose appropriate environmental mitigation measures. The consultant will also provide construction cost estimates commensurate with the level of detail in the DCR and the phased implementation plan. The estimates will be used for future programming. The final work product will include a Final DCR and EDR approved by the City of Glendale and ADOT. HDR Engineering, Inc. was selected for this contract based on a qualifications based selection process, as required by state law. City staff reviewed the City of Glendale Engineering Department Professional Consultants Directory and identified 25 firms offering services in all three of the following disciplines: Civil Engineering, Environmental, and Transportation Planning. City staff then performed a brief review of the U.S. Standard Forms 254 and 255 on file to identify the firms with ADOT/ MAG freeway experience. A total of eight firms met this minimum qualification. This list of consultants were then ranked based on a more detailed review and evaluation of the submitted 254 and 255 forms. The evaluation was based on the following criteria: firm familiarity and demonstrated experience with ADOT, experience and qualifications of key personnel, and location of office. This evaluation resulted in a ranking. This ranking was then used to establish a short list of the three top ranked firms. The three top rated firms were asked to provide written statements regarding their abilities to prepare the necessary DCR and EDR. The written statements addressed the following areas: project understanding and approach, firm capabilities, key personnel, and schedule. A selection panel, that included four staff members and one ADOT representative, was formed to evaluate the written statements and rank the firms. The selection panel ranked HDR Engineering, Inc. as the top firm to perform the required services. The fee for the professional services contract to prepare the Final Design Concept Report and Environmental Determination Report for this project is $217,517. These services are to be completed within 180 days of the Notice to Proceed. This project will be funded from Street Fund account number 31-9434-8330. Funds, in the amount of $217,517, will be transferred from account number 31-8042-8330 into account number 31-9434-8330, to advance this project and meet the projected opening date. The recommendation was to award the professional services contract in the amount of $217,517 to HDR Engineering, Inc. 4. AWARD OF BID 02-31, AUGER SCRAPER This is a request to award a bid in the amount of $709,870.34 to Empire Machinery for the purchase of one auger scraper for use at the landfill. This equipment 4 is utilized for excavation, transportation, placement of landfill cover material, and for general cell development and maintenance. The auger is needed for soils that contain rock and thick clay layers at the Glendale Landfill. One scraper supports the entire landfill operation. The current 13-year-old auger scraper has over 16,800 service hours logged and is ready for replacement. Comparisons with other local municipally operated landfills support replacement at 3 years or between 6,000 to 8,000 hours. One offer was received from Empire Machinery to supply the city with this special type of auger scraper. Extensive research was performed by staff to locate vendors. The issuance of the invitation for bid confirmed the one source for this specialty type landfill equipment. Staff from Equipment Management and the Landfill reviewed the bid to ensure compliance with specifications. The bid included options for the trade-in of one 1995 water wagon with 12,200 hours, one 1997 compactor with 7,800 hours, and the existing 1990 auger scraper scheduled for replacement. The equipment is being traded because of the reduction in landfill tonnage and age of the equipment. The full price bid of $967,799 was received, minus trade-in values of $70,000, $110,000, and $120,000, respectively, resulting in a purchase cost of $709,870.34 including tax. The bid contains an option clause that permits the city, at the discretion of the City Manager, to purchase an additional unit at the terms and conditions within one year of receipt of the original order, and additional units at mutually agreed upon prices any time within two years of City Council award. This option allows the city to purchase an additional unit, either with or without trade-ins, in the event that unforeseen circumstances occur such as theft or fire. Contingency funds are needed to purchase the scraper. Funding is available in the Landfill Contingency account number 55-2456-7000. The recommendation was to award the purchase of one auger type scraper to Empire Machinery in the amount of $709,870.34, taxes and trade-in values included. Authorize the transfer of $709,870.34 from the Landfill Fund contingency account 55- 2456-7000 to the Landfill operating budget account 55-6235-8400. 5. FINAL PLAT APPLICATION FP-02-05: 8600 WEST EMIL ROVEY PARKWAY This is a request by Coe and Van Loo Consultants Inc., for final plat approval for a subdivision called Rovey Farm Estates North. The site is located between 83`d and 89th Avenues from Emil Rovey Parkway to Northern Avenue. The subdivision includes 389 single-family lots on 161.4 acres at a density of 2.2 dwelling units per gross acre. Lots range in size from 7,015 square feet to 25,257 square feet, with an average lot size of 11,100 square feet. The proposed minimum lot width is 61 feet and the minimum lot depth is 110 feet. 5 The final plat is consistent with the General Plan, the R1-7, R1-8, R1-10, and SR- 12 PRD (Single Residence, Planned Residential Development) zoning on the site and the preliminary plat. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve final plat FP-02-05. 6. FINAL PLAT APPLICATION FP-02-06: 8601 WEST EMIL ROVEY PARKWAY This is a request by Coe and Van Loo Consultants for final plat approval for subdivision called Rovey Farm Estates South. The site is located between 83`d and 89th Avenues from Glendale Avenue to Emil Rovey Parkway. The subdivision includes 408 single-family lots on 132.6 acres at a density of 3.1 dwelling units per gross acre. Lots range in size from 7,002 square feet to 19,101 square feet with an average lot size of 8,840 square feet. The proposed minimum lot width is 61 feet and the minimum lot depth is 110 feet. The final plat is consistent with the General Plan, the R1-7 and R1-10 PRD (Single Residence, Planned Residential Development) zoning on the site and the preliminary plat. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve final plat FP-02-06. CONSENT RESOLUTIONS 7. ARIZONA STATE PARKS TRAILS HERITAGE FUND APPLICATION FOR A BRIDGE OVER THE 71ST AVENUE WASH AT SKUNK CREEK This is a request for approval from the City Council to submit a Trails Heritage Fund application for a grant to purchase and install a 120-foot prefabricated bridge across the 71s` Avenue Wash. This 10-foot-wide pedestrian and bicycle bridge will connect the last remaining segments of the 3.5-mile Skunk Creek Trail System about two blocks north of Bell Road. The bridge would replace the existing asphalt path that crosses the bottom of the creek and wash beds. Neighbors and trail users have asked for a safer, all-weather east-to-west route over the wash, safety lighting and better access for physically limited individuals and wheelchair users. This project will meet all of these requests in an attractive and cost-effective manner. The new bridge will reroute foot and bicycle traffic away from the Bell Road Bridge and provide a safer all-weather east-to-west pathway to other parks and multi- use paths, shops, neighborhoods and bus stops along Bell Road. Removal of the existing path, revegetation of the area and the installation of "Leave No Trace" signage will reduce environmental pollution and mitigate the destruction of local wildlife habitat. The total cost to purchase and install the bridge is approximately $139,842. The grant request is for $69,921 and the required local match is $69,921. Matching funds 6 will come from the following sources: $54,521 from the existing Skunk Creek project account number 35-8523, $15,000 from the Grants Administration Matching Fund, and $400 of in-kind services from community volunteers. The recommendation was to waive reading beyond the title and adopt a resolution approving the Trails Heritage Fund grant application described herein; authorizing the required matching funds; and authorizing acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies and contract guidelines. Resolution No. 3623 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ARIZONA STATE PARKS TRAILS HERITAGE FUND APPLICATION FOR A BRIDGE OVER THE 71sT AVENUE WASH AT SKUNK CREEK. 8. REVISED AMENDMENT TO THE CITY OF PHOENIX COMPUTER AIDED DISPATCH CONTRACT This is a request to approve Phoenix Fire Department agreement 29838-019 for computer aided dispatching. The Fiscal Year 2001/02 Computer Aided Dispatch (CAD) contract with the Phoenix Fire Department to provide dispatch services to the City of Glendale is being amended to include the 800-megahertz radio system, now known as the Phoenix Regional Wireless Network (PRWN). This system will replace the existing VHF radio communications currently in use by valley fire departments participating in CAD. The PRWN will enable all emergency response agencies to communicate directly with each other, without relaying information through the alarm room. It also eliminates interference from non-emergency VHF users scanning emergency bands. All cities participating in the Phoenix CAD system are contributing a proportionate share of the one-time infrastructure and ongoing maintenance costs of the new PRWN, based on their dispatch volume. The recommendation was to repeal resolution no. 3535 and waive reading beyond the title, adopting a resolution approving Phoenix Fire Department agreement 29838-019, for computer aided dispatching. Resolution No. 3624 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 INTERGOVERNMENTAL AGREEMENT NO. 29838-019 WITH THE CITY OF PHOENIX PERTAINING TO THE PARTICIPATION IN THE PHOENIX FIRE 7 DEPARTMENT REGIONAL DISPATCH SYSTEM IN ORDER TO MORE EFFECTIVELY PROVIDE EMERGENCY FIRE, MEDICAL AND OTHER SERVICES. Mayor Scruggs opened the meeting up for public comment on Agenda Items 1 through 8. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Council for approving the nitrogen removal equipment for ground water recharge. He said he hopes the Heritage Fund will approve the Trails Heritage Fund Grant application. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 8, including the approval and adoption of Resolution No. 3623 New and Resolution No. 3624 New Series. The motion carried unanimously. 9. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR AN INTERIM PRESIDING CITY JUDGE Mr. Rick Flaaen, City Attorney presented this request for City Council to authorize entering into an Intergovernmental Agreement between the City of Phoenix and the City of Glendale for an interim Presiding City Judge. The Phoenix City Judge to be provided by this Intergovernmental Agreement will replace the Honorable Cecil Patterson. Judge Patterson has been performing the duties of interim Presiding City Judge since September 14, 2001, pursuant to Administrative Order No. 2001-96 issued by the Honorable Colin F. Campbell, Presiding Judge of the Maricopa County Superior Court. Judge Campbell has issued Administrative Order No. 2002-100 authorizing the Phoenix City Court to assign a judge to Glendale City Court as interim Presiding City Judge to replace Judge Patterson. Pursuant to the Intergovernmental Agreement,the City of Phoenix will assign the Honorable Elizabeth Finn, a judge of Phoenix City Court, as interim Presiding Judge of the Glendale City Court effective October 28, 2002. The City of Phoenix shall assign Judge Finn to Glendale City Court until her services are no longer required or until the parties otherwise terminate the agreement. The City of Glendale will reimburse City of Phoenix for Judge Finn's salary, including all benefits, while she is assigned to the Glendale City Court. In addition, in accordance with Administrative Order No. 2002- 100, the City of Glendale will reimburse Judge Finn for reasonable mileage expenses from her normal place of employment in City of Phoenix to Glendale City Court. The recommendation was 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 to provide an interim Presiding City Judge. Resolution No. 3625 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA 8 COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR AN INTERIM PRESIDING JUDGE FOR THE CITY OF GLENDALE. Councilmember Martinez asked to have Item 9 heard separately. It was moved by Lieberman, and seconded by Frate, to approve the recommended action on Consent Resolution No. 3625 New Series. Councilmember Martinez said he will vote against the appointment of Judge Finn because, while he believes the Judicial Review Board did an excellent job identifying candidates, he disagrees with their final selection. He said the judge being appointed works for the City of Phoenix, requiring an intergovernmental agreement. He stated, based on the proposed salary, the city will pay approximately $60,000 more per year than is necessary. He explained the proposed salary is about $25,000 more than the city paid the previous Presiding Judge and the other judges' salaries are based on 85 percent of the Presiding Judge's salary. He commended Judge Patterson, James Scorza and Brenda Way on the management controls and processes they put into place. He expressed his opinion that, given the controls and processes are already in place, a number of the candidates are qualified to take over as Presiding Judge. He said, while he explained his position to Judge Finn, he also let her know that once she is appointed he will give her his support and cooperation. He pointed out Judge Finn will also be reimbursed for her mileage traveling to and from Phoenix every day. Mayor Scruggs clarified the assistant judges' salaries will not be tracked with the interim Presiding Judge's salary. She said Judge Finn is her choice because she comes with extensive municipal court experience, whereas Councilmember Martinez's choice has had no time as a judge in a municipal court. She also expressed her appreciation for the controls put in place by Judge Patterson, stating, however, it is important that the city not lose ground by hiring a person with limited or no municipal experience. Councilmember Lieberman said the Judicial Review Panel did a great job of supplying information and selecting the best candidate. He stated Judge Finn has 23 years of experience in limited jurisdictional court, while the second and third choices had none, noting the third choice has not served as a judge for 12 years. He expressed his opinion Judge Finn was the only choice. He agreed Judge Patterson did a magnificent job in straightening out the city's court. Councilmember Clark said she called the references for each of the three choices and found, in some instances, the same references were used for each candidate. She stated, while the references spoke highly about all of the candidates, they made extraordinary comments about Judge Finn. She said, based on Judge Finn's experience and qualifications, she believes her to be the best candidate. 9 Councilmember Goulet said he contacted several attorneys around the valley to obtain their opinions of the candidates. He stated, overwhelmingly, they recommended Judge Finn. He said, based on discussions with Judge Patterson and other personnel during the past several months, he believes Judge Finn to be the most qualified candidate. Councilmember Frate said Judge Finn is a "teacher's teacher", explaining other judges come to her for advice. He stated he fully supports Judge Finn's appointment. Councilmember Martinez pointed out the candidate he favored was a superior court judge for five years, worked at the attorney general's office, headed up the civil rights division and has extensive administrative experience. Vice Mayor Eggleston expressed his opinion the best candidate has been selected. The motion passed by a vote of 6 to 1, with Councilmember Martinez voting nay. PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 10. GENERAL PLAN AMENDMENT GP-02-02 AND REZONING APPLICATION Z-02- 08: NORTHEAST CORNER OF 55T" AVENUE AND BELL ROAD Ms. Teresa Halverson, Planner, presented this request by Continental 137 Fund LLC to amend the City's General Plan from Business Park to Shopping Center, and to rezone from BP (Business Park) to CSC (Community Shopping Center), on a 21.3-acre property located at the northeast corner of 55th Avenue and Bell Road. The applicant is requesting the General Plan amendment and rezoning to develop the site with a community-level shopping center. The General Plan amendment is consistent with the established development pattern in the area. CSC zoning is appropriate for the site and the surrounding area. It is intended to meet the consumer demands through large-scale shopping centers. The proposed zoning district requires that a Development Master Plan be approved with the zoning. Conceptual architecture, landscaping, and site design are included as part of the Development Master Plan. At a public hearing on September 19, 2002, the Planning Commission voted to recommend approval of GP-02-02 and Z-02-08, subject to nine stipulations. The recommendation was to conduct a public hearing and approve GP-02-02. Approve Z-02-08 subject to the nine stipulations recommended by the Planning Commission. 10 Councilmember Lieberman asked if Stipulation 2 restricting convenience uses on freestanding pads less than 1.5 acres in size came from city staff. Ms. Halverson, in staff's experience, convenience uses on pads less than 1.5 acres in size compromise the development. She said the Planning Commission actually recommended the stipulation. Councilmember Lieberman noted Council approved a pad with several convenience uses on July 23, 2002, stating he does not remember any such stipulation being included. He said he received a letter from the applicant showing 11 other pads developed with convenience uses that do not conform to the 1.5 acre requirement within one mile of the subject property. Ms. Halverson acknowledged convenience uses have been approved on pads less than 1.5 acres, stating, however, they believe the 1.5 acre requirement allows for the quality development Glendale seeks. Councilmember Lieberman questioned whether it is fair to ask this particular applicant to restrict convenience uses to pads that are at least 1.5 acres in size when other developments have not been held to the same standard. He asked if any other development on Bell Road has been subject to the same stipulation. Ms. Halverson said she is not aware of any other rezoning case that had the same stipulation. Councilmember Lieberman asked if the requests approved Thursday for the Northern Crossings development were held to the same standard. Ms. Halverson explained the stipulation is part of the zoning, whereas the cases heard Thursday were for conditional use permits. Councilmember Lieberman asked for more information about the high-pressure sodium fixtures and metal halide lights. Ms. Halverson said lighting was a concern expressed at both neighborhood meetings held by the applicant. She explained metal halide lights glare more than high-pressure sodium lights; therefore, high-pressure sodium lighting is preferred. Councilmember Lieberman asked if the lighting fixtures could be shielded to prevent light from shining into the neighborhoods. Ms. Halverson stated a citywide ordinance requires all lights to be fully shielded. She said, however, even fully shielded metal halide lights tend to glare more than high-pressure sodium lights. Councilmember Lieberman asked why the applicant so strongly supports the metal halide lights. Mr. Reedy explained metal halide lights are frequently used on baseball fields and at auto dealerships, emitting a very white light and allowing for the visual observation of colors at night, while high pressure sodium light is a mono- chromatic yellow fixture that makes it more difficult to see variations in pastel colors. He pointed out, however, the primary purpose of lighting in parking lots is to see objects, not colors. Councilmember Lieberman asked if there is a cost difference between the two types of lighting. Mr. Reedy said the cost varies depending on the bulb's wattage. Councilmember Lieberman asked if the Police Department has ever specifically requested something other than high pressure sodium lights be installed in a parking lot. Mr. Reedy said not to his knowledge. Councilmember Martinez said he believes the Police Department prefers high pressure sodium lighting. Chief Henderlite said they have had complaints about high pressure sodium lights washing out lighter colors, however, witnesses are typically general about the color of vehicles when making statements. He stated the police 11 generally look for a particular style of vehicle, rather than a specific color. He said, while they do not have a specific preference with regard to high-pressure sodium and metal halide lights, that they do not like the yellow low-pressure sodium lights. Mr. Reedy noted the City Council voted five years ago to change all future fixtures to high- pressure sodium lights. Councilmember Clark asked if metal halide lights are compatible with the Dark Skies Ordinance. Mr. Reedy said the Dark Skies Ordinance requires shielded fixtures, explaining metal halide lights are shielded, but are more reflective. Councilmember Martinez asked if, in staff's opinion, high pressure sodium lights provide the neighborhood with the best protection from glare. Mr. Reedy said a number of fixtures would meet the neighborhood's expectations, however, high pressure sodium lights are the city's typical solution. Councilmember Goulet asked if the lighting on the north side could be shielded from the homes and directed towards the center. Ms. Halverson said that is what the applicant has proposed. Councilmember Goulet asked if they try to ensure new lighting is compatible with existing lighting in the area. Ms. Halverson said most of the development to the west has high-pressure sodium lighting, however, older developments to the east could have metal halide lights. Mayor Scruggs asked if Stipulation 2 basically allows the applicant one pad at the immediate northeast corner of 55th Avenue and Bell Road rather than the two pads they are proposing. Ms. Halverson said that is correct if a convenience use is proposed, however, two non-convenience uses would be allowed. Mayor Scruggs acknowledged the spacing would provide for additional landscaping and a more spacious environment, expressing concern, however, that they are applying the stipulation to one applicant rather than making it a standard part of the city's design guidelines. She referred to a list of convenience uses located on pads that are less than 1.5 acres in size as well as another list of 12 uses, some of which are less than 1.5 acres in size. She said it appears those developers were given the opportunity to decide how much land they would dedicate to convenience uses, whereas the city is dictating how much land this particular applicant has to dedicate. Mr. Froke explained this is the second Community Shopping Center property to come forward in Glendale and because it is a relatively new designation, staff took a closer look at pad development. He said staff has found that some of the parcels previously approved for convenience uses were too small and required a variance for parking. He agreed larger pad sites work better based on parking requirements, landscaping and buffering. Mayor Scruggs asked if the city would refuse an applicant if they requested 1.4 acres, rather than 1.5 acres, or if the intent is to achieve good mobility, visibility and landscaping. Mr. Froke stated it is not their intent to impede the applicant's ability to develop the corner, suggesting the applicant might offer an alternative solution to the stipulation. Mayor Scruggs asked Mr. Froke if he foresees his department coming to Council with a recommendation that addresses the issue on a citywide basis. Mr. Froke said they could, but he does not want to hold the applicant up while a study is performed. Mayor 12 Scruggs asked, if a size limitation were not placed on the pads and a .9 acre convenience use were approved, if the Planning Department could reject the applicant's request for a second convenience use on the remaining .8 acre. Mr. Froke responded yes. Councilmember Lieberman disagreed that a Community Shopping Center should be held to a 1.5 acre standard, explaining a convenience use should require the same amount of space regardless of its location. Mr. Froke explained the subject shopping center is very large and important to the city. He confirmed for Councilmember Lieberman that the land was a state land parcel at one time, however, the state sold it to the current owner. Councilmember Clark said, while she does not disagree with staff's position, she believes the standard should be applied consistently throughout the city, noting convenience uses at WestGate are considerably smaller than 1.5 acres. She said, rather than applying the standard to a single developer, she believes the applicant should be given what is being requested, pointing out the Planning Department can prevent a second convenience use if deemed inappropriate through the conditional use permit approval process. With regard to lighting, Councilmember Clark said she supports staff's recommendation, stating metal halide lights are very bright and intense. Councilmember Martinez expressed his opinion two convenience uses on the property would be too much given the amount of traffic in the area. He suggested the applicant and city work to reach a compromise. Councilmember Frate asked Mr. Froke to explain staff's rationale for requiring the parcel to be at least 1.5 acres in size. Mr. Froke said staff felt 1.5 acres would allow for better circulation, greater building setback,and more landscaping. Councilmember Frate agreed with staff's recommendation, stating he was concerned about potential congestion. Councilmember Clark asked if the land slopes differently in north Glendale than in south Glendale, noting the property's retention basin is located on the northeast corner. Mr. Froke explained the exhibit showing the retention area is a conceptual master plan based on conceptual grading and drainage plans prepared by the applicant. He pointed out retention basins are planned in the eastern portion of the site and along Bell Road. Councilmember Martinez asked if a smaller pad would create pedestrian conflicts. Mr. Froke responded yes. Councilmember Goulet asked how visitors to the site will know where one parcel ends and another begins. Mr. Froke agreed it is difficult to tell in the field where a property line stops, stating it is usually identified with a landscape buffer. Councilmember Goulet asked if any kind of landscaping definition will be required 13 between Out Parcel 2 and the parking spaces for Kohl's. Mr. Froke stated planned shopping centers do not have designated parking spaces. Mayor Scruggs asked if staff intends to require the same 1.5 acre minimum pad size for convenience uses in Neighborhood Shopping Centers as well. Mr. Froke said they would certainly consider a similar stipulation with regard to future applications. Mayor Scruggs asked if locating two convenience uses next to each other is staff's main concern. Mr. Froke said yes, explaining they are also concerned about what may happen on the immediate northeast corner of 55th Avenue and Bell. Mayor Scruggs asked if they could achieve the same mobility, visibility and aesthetic goals if, rather than a definition of minimum size, the stipulation allowed not more than one of the out parcels to be a convenience use. Mr. Froke responded yes. Mayor Scruggs explained she is concerned that defining a specific pad size could result in the corner remaining vacant. Mr. Froke clarified for Vice Mayor Eggleston that a convenience use is any establishment that has a drive-thru or pickup window. Steve Bauer, applicant's representative, thanked Mr. Froke and city staff for their assistance. He said they have undertaken a very extensive citizen participation plan and held two fruitful neighborhood meetings. He stated they have concerns with Stipulation 2 because they do not know if they will have one, two or even any convenience uses at this time. He pointed out the city requires another level of review for convenience uses, stating site specific details can be addressed at that time. With regard to the light issue, Mr. Bauer said Kohl's requires metal halide lights for their retail projects because of safety reasons. He stated they have agreed to put the lights in the northern area on poles no higher than 15 feet, with no poles in the back of the stores. He explained metal halide lights provide white light, which would be essential should Kohl's decide to install security cameras. He pointed out auto dealerships with metal halide lights typically emit between 20 and 50 foot candles of light, whereas the metal halide lights the applicant proposes emit 5 foot candles. He stated the applicant concurs with the Planning Commission's stipulation prohibiting gasoline sales and has agreed to restrict delivery hours to the standard established at the Planning Commission hearing. Vice Mayor Eggleston asked if restricting the number of convenience uses to one would be acceptable to the applicant. Mr. Bauer explained their issue with the stipulation is one of flexibility. He said they would rather not limit the site to one convenience use, reiterating their position that the conditional use permit approval process gives the city the authority to determine if a second convenience use is inappropriate at the time a request is submitted. He said their original plan had an out parcel on the east side, which was later moved to the west side of 55th Avenue because of the signal light at 55th Avenue. Mayor Scruggs asked Mr. Bauer which stipulation the applicant would like least; one requiring a minimum pad size of 1.5 acres for a convenience use or one that limits 14 them to one convenience use at the northeast corner of 55th Avenue and Bell Road. After consulting with the applicant, Mr. Bauer said they would prefer a stipulation limiting the number of convenience uses to one. Councilmember Frate asked Mr. Bauer how residents in the neighborhood to the north felt about the applicant's lighting plan. Mr. Bauer explained their lighting discussions focused on the design of the fixtures, not the light source itself. Councilmember Frate expressed concern that neighbors will object to the whiter light emitted from the metal halide lights and complain that they do not match other lights in the neighborhood. • Councilmember Martinez asked about the wall-mounted lights on the north. Mr. Bauer explained the lights immediately behind the building will be wall-packs. He noted the pole mounted lighting in that area of the parking lot will be lower than those further away from the neighborhood. Councilmember Martinez asked if the lights to the north could be high-pressure sodium, with the metal halide lights used in the rest of the parking area, suggesting the neighborhood would find that solution more amenable. Mr. Bauer said they could blend the two light sources. Councilmember Martinez asked Mr. Froke if a combination of the two light sources could be utilized. Mr. Froke stated the city has never mixed light sources on one sight and he would prefer one consistent light source throughout the project for aesthetic reasons. He explained, while the fixtures would be the same, the color of light emitted would be different. Councilmember Clark said the wattage of the metal halide lights appears to be the key issue. Councilmember Goulet agreed with Mr. Froke that the lighting should be consistent throughout the project. He said he also supports the applicant's proposed lighting for safety reasons. He suggested the lighting could be designed in such a way that it provides white light throughout the site without negatively impacting the neighborhood. Councilmember Martinez pointed out some of the homes north of the site are two story. He explained he was not suggesting the city mix light sources throughout the city, stating his suggestion was offered as a compromise in this particular case. Councilmember Lieberman suggested they change Stipulation 2 to allow only one of the two pads to be a convenience use. He also suggested Stipulation 6 be modified to require lower wattage lighting adjacent to the neighborhood. The meeting recessed for a short break. Councilmember Martinez asked Mr. Erin Kachinski to explain more about the lighting. Mr. Kachinski stated external shielding would block the light from adjacent properties to the north. He said the wall lights further to the east would be full-cutoff and 15 shielded in a similar fashion. He clarified there are no light poles directly behind the building. Mayor Scruggs opened the public hearing on Agenda Item No. 10. Rick Tannehill, a resident of the City of Glendale Barrel District, commended Kohl's for the way in which they worked with the Planning and Zoning Commission and Council staff and for the efforts they have made to accommodate citizen needs. He noted Kohl's agreed to limit merchandise deliveries to the hours of 6:00 a.m. to 10:00 p.m. He stated he supports the development and the applicant's proposed metal hal- light lighting. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Frate, to approve General Plan Amendment GP-02-02 and Rezoning Application Z-02-08, subject to the nine Stipulations recommended by the Planning Commission, modifying Stipulation 2 to read: "No more than one pad on the northeast corner of 55th Avenue and Bell Road may have a convenience use" and modifying Stipulation 6 to read: "In conjunction with construction plan submittal, a lighting plan will be provided for the center that recognizes and demonstrates shielding and sensitivity to the resident properties abutting single family subdivisions.". The motion passed unanimously. 11. GENERAL PLAN AMENDMENT GP-02-04 AND REZONING APPLICATION Z-02- 10: 7205 NORTH 51st AVENUE Mr. Brian Friedman, Senior Planner, presented this request by St. John's Evangelical Lutheran Church to amend the General Plan Land Use Map from 3.5-5 to 12-20 residential dwelling units per acre and to rezone from R1-6 (Single Residence) to R-4 SCO (Multiple Residence, Senior Citizen Overlay). The property is a 2.16-acre site located north of the northeast corner of 51st Avenue and Myrtle Avenue. This request would allow development of a 43-unit senior citizen apartment complex. Since the adoption of the 1989 General Plan there has been little change in the area and no new development. The existing 3.5-5 residential dwelling units per acre designation is not attracting the single family detached residences originally anticipated. The requested designation of 12-20 residential dwelling units per acre is an acceptable designation for this site because the zoning district development standards will mitigate the higher density. The proposed R-4 SCO zoning request is compatible with the proposed General Plan. This request will not negatively impact the existing church and elementary school adjacent to the site. 16 At a public hearing on September 19, 2002, the Planning Commission voted to recommend approval of GP-02-04 and Z-02-10, with the zoning request subject to two stipulations. The recommendation was to conduct a public hearing and approve GP-02-04. Approval of Z-02-10 should be subject to the two stipulations recommended by the Planning Commission. Tamara Caraway, applicant's representative, concurred with the Planning Commission's recommendation and staff's presentation. She requested approval of the application and offered to answer questions. There were not questions. Mayor Scruggs opened the public hearing on Agenda Item No. 11. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his support of the rezoning application, suggesting the school children would benefit from the presence of elderly people. Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Martinez, to pass and adopt General Plan Amendment GP-02-04 and Rezoning Application Z-02-10, subject to the recommended stipulations. The motion passed unanimously. 12. GENERAL PLAN AMENDMENT GP-02-05 AND REZONING APPLICATION Z-02- 12: 6880 WEST MYRTLE AVENUE Ms. Tracy Stevens, Senior Planner, presented this request by Earl, Curley, and Lagarde to amend the General Plan Land Use Map from 12-20 dwelling units per gross acre to Residential 5-8 dwelling units per gross acre on 8.59 acres located at the northeast corner of Myrtle Avenue and 69th Avenue. This is also a request to rezone the property from R-3 (Multiple Residence) to R1-4 PRD (Single Residence, Planned Residential Development). The requested General Plan amendment is appropriate for this site. It is consistent with the other land use designations adjacent to the project boundaries, is compatible with the surrounding area, and meets the City's long term goals for this area. The proposed zoning district is appropriate to implement the amended General Plan. The proposed zoning would allow a maximum of 42 single-family homes, with an overall density of 4.89 dwelling units per gross acre. The development provides for a variation in lot sizes where appropriate and consistent with adjacent developments. At a public hearing on September 19, 2002, the Planning Commission recommended approval of GP-02-05. The Commission also recommended approval of Z-02-12, subject to four stipulations. 17 The recommendation was to conduct a public hearing and approve General Plan Amendment GP-02-05. Approve Z-02-12, subject to the stipulations recommended by the Planning Commission. Councilmember Lieberman said Council decided a while ago that it did not want any lots smaller than 60 feet with at least 15 feet separation between homes. Ms. Stevens stated the minimum side setbacks for the R1-4 zoning district are zero and 10. Councilmember Lieberman said, regardless, Council decided it did not want smaller lots. He said he is not in favor of the request. Mayor Scruggs asked how the subject parcel relates to the Summer Field Place • parcels Council approved recently. She also asked if this project is considered an infill project. Ms. Stevens stated it is considered an infill project, explaining the surrounding properties are existing R1-4 and R-3. She said all of the surrounding properties have the same R1-4 development standards. She stated, therefore, the zoning application is consistent with the General Plan Amendment and the surrounding area. Mayor Scruggs asked if the proposed development would be developed to match the surrounding properties. Ms. Stevens said Cherokee Development is the developer and their proposed products will match the existing house products in Summer Field Place. Councilmember Goulet pointed out it has been difficult to attract a developer for the subject parcel because of its small size. He said the developer appears to be receptive to bringing in a product that will compliment the surrounding neighborhoods and will bring street improvements to the area. He stated, therefore, he supports the application. Councilmember Martinez stated his support for the project. He commented on the various benefits of good in-fill projects. Councilmember Frate commended the developer on their perseverance in working with the city to bring in a quality development. He stated he supports the project. David Prescott, applicant's representative, stated they agree with the Planning Commission's recommendations and staff's report. He pointed out Cherokee Development was responsible for the improvements on 67th, Orangewood and Myrtle Avenues. He stated there has been no opposition from residents in the existing neighborhoods. Mayor Scruggs opened the public hearing on Agenda Item No. 12. Leonard Clark, a resident of the City of Glendale Barrel District, said he needs more time to determine if this is a good deal for the city, explaining Glendale is becoming much more attractive to developers and property values are increasing. He asked the city to take into account when considering future applications that properties 18 previously considered undesirable could be more attractive now given the changes in Glendale. Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Frate, to approve General Plan Amendment GP-02-05 and Rezoning Application Z-02-12, subject to the stipulations recommended by the Planning Commission. Councilmember Clark stated she supports the application because it will finish off an area in a compatible way. She cautioned against devaluing infill parcels and willingly accepting less than what is desired or needed in a given area, stating it sends the wrong message. Upon a call for the question, the motion passed by a vote of 6 to 1 with Councilmember Lieberman voting nay. 13. PUBLIC HEARING - PROPOSED ANNEXATION NO. 145 - NORTHWEST AND SOUTHWEST CORNERS OF 91ST AVENUE AND BETHANY HOME ROAD ALIGNMENT Ms. Kate Langford, Senior Planner, presented this request by Clarence Pendergast to annex approximately 240 acres. The property is located on the west side of 91s1 Avenue, on both the north and south sides of the Grand Canal where 91st Avenue and the Bethany Home Road alignment intersect. The annexation request was initiated by the property owner. A portion of the proposed annexation area is intended to be included in the development of the new multi-purpose Arizona Cardinals facility. The blank annexation petition was recorded on October 1, 2002. This public hearing is being conducted during the last 10 days of the 30 day waiting period required by State Statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first-class mail. The proposed annexation area has been posted in at least three visible places on the site and the public hearing has been advertised in the Glendale Star. Once the public hearing has been conducted and the 30 day waiting period has passed (30-day waiting period expires on October 31, 2002), signatures may be gathered. If a sufficient number of signatures in favor of annexation are obtained and the required amount of valuation is represented by these signatures, the City Council will be asked to consider the adoption of an annexation ordinance. The recommendation was to conduct a public hearing on the blank annexation petition as required by State Statute. 19 Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there were no comments, Mayor Scruggs closed the public hearing. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSE 14. SPECIAL EVENT LIQUOR APPLICATION FOR THUNDERBIRD ALUMNI RUGBY ASSOCIATION — NOVEMBER 2 3. 2002 This is a request for a special event liquor license for Thunderbird Alumni Rugby Association. The event is the Thunderbird Rugby Invitational, which will be located at the American Graduate School of International Management, 15249 N. 59th Avenue. The event will be held from 9:00 a.m. to 10:00 p.m. on Saturday, November 2, 2002 and from 10:00 a.m. to 6:00 p.m. on Sunday, November 3, 2002. If this license is approved, the total days expended by this applicant will be 2 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward to the Department of Liquor Licenses and Control with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 14. Patrick Carroll, a resident of the City of Glendale, asked Council to support the application and offered to answer questions. There were no questions. Mayor Scruggs closed the public hearing. It was moved by Frate, and seconded by Martinez, to forward the special event liquor license for Thunderbird Alumni Rugby Association to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 15. LIQUOR LICENSE NO. 3-841 TEXACO STAR MART (75TH AVENUE) This is a request for a new series 10 (off-sale retail, beer & wine) license for Texaco Star Mart, which is located at 6937 N. 75th Avenue. The previous owner operated this business as Texaco Star Mart and held a series 10 (off-sale retail, beer & wine) license at this location. A new license is required because a series 10 license is not transferable. 20 The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 16. LIQUOR LICENSE NO. 3-842 TOKYO LOBBY - SUSHI This is a request for a new series 12 (restaurant) license for Tokyo Lobby - Sushi, which is located at 5775 W. Bell Road, No. 9. There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in the area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 17. LIQUOR LICENSE NO. 3-843 TEXACO STAR MART (CACTUS ROAD) This is a request for a new series 10 (off-sale retail, beer & wine) license for Texaco Star Mart, which is located at 5881 W. Cactus Road. The previous owner operated this business as Texaco Star Mart and held a series 10 (off-sale retail, beer & wine) license at this location. A new license is required because a series 10 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. 21 The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 18. LIQUOR LICENSE NO. 3-844 SPROUTS FARMERS MARKET This is a request for a new series 10 (off-sale retail, beer & wine) license for Sprouts Farmers Market, which is located at 5665 W. Bell Road. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. 19. LIQUOR LICENSE NO. 3-845 OUTBACK STEAKHOUSE This is a request for a new series 12 (restaurant) license for Outback Steakhouse, which is located at 5605 W. Bell Road. The previous owner operated this business as Outback Steakhouse and held a series 12 (restaurant) license at this location. A new license is required because a series 12 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward to the Arizona Department of Liquor Licenses and Control with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 15, 16, 17, 18 and 19. Ron Prothero, a resident of the City of Glendale Ocotillo District, stated he opposes Liquor License Applications 3-841 and 3-843, given the devastation drunk driving has on society. He suggested the city and state should make it more difficult for people to drink and drive, stating it is too convenient to purchase alcohol while purchasing gas. 22 Randy Nations, on behalf of Texaco. Sprouts Farmers Market and Outback Steakhouse, said he owns and operates Arizona Liquor Industry Consultants. He stated Applications 3-841 and 3-843 are existing licenses, explaining state law requires them to reapply for the license because Texaco hired a management company to operate the two locations. He noted his company sends under-aged spotters to Texaco twice each month to see if they are selling alcohol to minors. Councilmember Clark stated the Texaco at Cactus is going into an area where few liquor licenses exist, whereas the one at 75th Avenue is in an area where there are a number of existing licenses. She expressed concern about the number of calls for service at the two locations, urging the applicant to increase security, especially at the 75th Avenue store. Mr. Nations said they are aware of the past problems. He pointed out, however, gas stations are often the only location in an area that has a telephone. He spoke of instances where people involved in domestic violence situations have used their phone to contact the police. Councilmember Clark pointed out there were 63 calls for service last year, 39 of which were for burglary or theft. Mr. Nations clarified Outback Steakhouse was required by state law to reapply for their liquor license because their partnership changed. In response to Mayor Scruggs' question, Mr. Nations agreed the applications are strictly a procedural step. He explained that once a location has been approved for a license the only thing a city can challenge is new ownership, pointing out there is no new ownership in these cases. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-841 for Texaco Star Mart (75th Avenue), No. 3-842 for Tokyo Lobby— Sushi, No. 3-843 for Texaco Star Mart (Cactus Road), No. 3-844 for Sprouts Farmers Market, and No. 3-845 for Outback Steakhouse, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — ORDINANCE 20. ZONING ORDINANCE TEXT AMENDMENT Z-02-07: G-O (GENERAL OFFICE) ZONING DISTRICT AMENDMENT Mr. Jon Froke, Planning Director, presented this request by Withey, Anderson, and Morris P.L.L.C. on behalf of Banner Health Systems to amend the Zoning Ordinance definitions and sign regulations to add new provisions for major medical centers. 23 This request will add two definitions to the ordinance. A major medical center is defined as a full service hospital and a medical campus of affiliated uses on at least 10 acres. The other definition is for hospital emergency signs which are defined as signs that either direct the public to, or identify the location of, a hospital emergency facility. There are four types of signs proposed with this amendment. Freestanding signs will provide project identification on streets and direct visitors to appropriate entrances. Directory signs internal to the site will identify offices and services, guiding traffic through the project. Wall signs will identify offices and services in the buildings of the medical center. Signs that identify hospital emergency facilities will be freestanding and on the wall. At a public hearing on September 19, 2002, the Planning Commission unanimously recommended approval of this application. The recommendation was to conduct a public hearing; approve Z-02-07; waive reading beyond the title and adopt an ordinance amending the Zoning Ordinance of the City of Glendale. Ordinance No. 2280 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 THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, ARTICLE 2 (DEFINITIONS AND RULES OF CONSTRUCTION) AND ARTICLE 7 (GENERAL DEVELOPMENT STANDARDS) BY ADDING NEW DEFINITIONS AND SECTIONS FOR "MAJOR MEDICAL CENTER" AND "HOSPITAL EMERGENCY SIGNS"; AND SETTING FORTH AN EFFECTIVE ' DATE. Mr. Froke confirmed for Councilmember Lieberman free standing signs fit within the city's sign ordinance. Mayor Scruggs opened the public hearing on Agenda Item No. 20. Mike Withey, applicant's representative, expressed his opinion the ordinance is critical to hospitals and the health and welfare of their patients and visitors. Mayor Scruggs closed the public hearing. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2280 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. ORDINANCE 21. SALT RIVER PROJECT EASEMENT AT CAMELBACK ROAD AND 113TH AVENUE ALIGNMENT 24 Ms. Kathie Sholly, Property Manager, presented this request to grant an irrigation easement to Salt River Project (SRP) along a portion of the City's Camelback Ranch property located at the northeast corner of Camelback Road and 113th Avenue alignment. This easement will accommodate a new irrigation pipe required by the Maricopa County Flood Control District (MCFCD) for its Camelback Ranch Levee project. The easement will be 20 feet wide and 140 feet long, along the north side of Camelback, and 6 feet wide, 27 feet long along, the east side of the 113th Avenue alignment next to the outfall channel maintained by MCFCD. SRP has completed the installation of the irrigation pipe, which replaces an open outfall ditch. By granting this easement, the City recognizes SRP's right to own and maintain the pipe, thereby reducing liability to the City. There are no costs associated with the granting of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement in favor of Salt River Project for an irrigation easement. Ordinance No. 2281 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA AUTHORI-ZING THE CITY MANAGER TO EXECUTE AN IRRIGATION EASEMENT LOCATED AT THE NORTHEAST CORNER OF CAMELBACK ROAD AND 113TH AVENUE IN FAVOR OF SALT RIVER PROJECT TO ACCOMMODATE A NEW IRRIGATION PIPE FOR THE CAMELBACK RANCH LEVEE PROJECT; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. Mayor Scruggs opened the public hearing on Agenda Item No. 21. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Martinez, to approve Ordinance No. 2281 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. BOARDS AND COMMISSIONS 22. BOARDS AND COMMISSIONS Appointments are to be made to the following boards or commissions that have a vacancy or expired term. Effective Term Date Expires 25 Aviation Advisory Commission Heyden, Ronald H. (Cholla) Re-Appointment 11/28/2002 11/23/2004 Struke, Steve (Ocotillo) Re-Appointment 11/24/2002 11/23/2004 Dewey, R. Andrew (Mayoral/ Appointment 11/24/2002 11/23/2004 Cholla) Commission on Persons With Disabilities Munoz, Joe (Barrel) Appointment 10/22/2002 02/27/2004 Parks & Recreation Advisory Commission Rose, Monis (At-Large) Appointment 10/22/2002 05/27/2003 Personnel Board Herman, James F. (At-Large) Re-appointment 12/23/2002 12/22/2004 (Cactus) Ojala, Lillie (At-Large) Re-appointment 10/22/2002 05/27/2004 (Sahuaro) The recommendation was to make appointments to the Board or Commission. It was moved by Martinez, and seconded by Eggleston, to appoint the applicants listed above, for the terms listed above, to the Aviation Advisory Commission, the Commission on Persons with Disabilities, the Parks and Recreation Advisory Commission and the Personnel Board. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, November 5, 2002, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03; and it was further moved that a Special City Council retreat be held at 8:30 a.m. in the Board Room of the Glendale Civic Center on Wednesday, November 6, 2002. The motion carried unanimously. CITIZEN COMMENTS 26 Leonard Clark, a resident of the City of Glendale Barrel District, expressed his opinion the quality of life in Glendale is improving. He thanked Veterans in Glendale, stating he appreciates their service. He also recognized teachers in Glendale for the hard work they do on behalf of the city's children. He expressed concern about the amount of traffic on 59th Avenue given the proposed Wal-Mart and Lowe's at Northern Crossings. He said, while he does not oppose the Wal-Mart, he does oppose a 24 hour operation. He urged the city not to give more incentive than absolutely necessary, stating he is concerned Wal-Mart will hurt small businesses in the area. Debra Kist, a resident of the City of Glendale Barrel District and representative of Glendale Citizens and Businesses for Responsible Development, said she attended the Planning and Zoning Commission meeting last week on Northern Crossing and asked to clarify a couple things. She said a person asked who Glendale Citizens and Businesses for Responsible Development were to dictate business to businesses, explaining they are asking, not dictating, all companies wishing to do business in Glendale become a partner with their neighbors and considerate of our lifestyles and safety. She pointed out most 24-hour stores have reduced their hours because they did not find it to be productive, safe or cost efficient. She said Wal-Mart gave the impression their "occasional" night time deliveries would occur every night. She stated the first two stipulations they offered were the most important to those who attended the neighborhood meetings and have not been properly addressed. She asked the Council to discuss their stipulations in a workshop and place on their agenda the addition of the first two stipulations. She urged the Council to remand the issue back to the Planning and Zoning Commission for further study and citizen participation. She welcomed Kohl's to Glendale and thanked them for their efforts to make it a family center. She thanked Mr. Monaghan for requesting "No Overnight Parking" signage and Mr. Socaciu for his persistence in trying to clarify issues and for looking out for the welfare of citizens of Glendale. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark said G.A.I.N. Night last Saturday was successful, apologizing for being unable to attend. She invited everyone to attend the ground breaking ceremony for the public safety facility on Wednesday, October 30 at 2:00 p.m.. Councilmember Goulet invited interested parties to attend the third public meeting on the proposed changes to the city code to be held at 9:30 a.m. at the main library. Councilmember Lieberman invited people to the fourth meeting on the proposed code changes on Wednesday, November 6 at 7:00 p.m. at Unit 4. Vice Mayor Eggleston thanked those people from the Barrel District who helped with last week's G.A.I.N. Night. 27 Councilmember Martinez apologized for being unable to attend G.A.I.N. Night and expressed his desire to attend next year. Councilmember Frate thanked the Police Department and neighborhood leaders who participated in G.A.I.N. Night. He noted Glendale had no major incidents last weekend, attributing the lack of problems to the activity going on in the neighborhoods. He spoke about an incident on October 8 wherein Glendale Fire went out on a citizen assist, helping a person who had fallen out of his wheelchair while trying to negotiate an outside door with no ramp. He said the engineer medic, Pat Martin, measured the area, called his wife and had plywood and tools delivered to the fire station and, with the help of Engine 151 and Engine 150's crew, they built a ramp between calls and installed it that night. Mayor Scruggs also apologized for being unable to participate in G.A.I.N. Night. She commended the Police Department for doing an outstanding job of organizing the night. She congratulated Rob Currey on receiving the Common Award for his outstanding community outreach and community service. She also congratulated the Peoria Unified School District on the success of their Leadership Day. ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 p.m. Pamela Oliveira - City Clerk 28