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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/8/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 8, 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 Cduncilmembers 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 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 SEPTEMBER 24, 2002 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the September 24, 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 PROCLAMATION OF COMMUNITY SERVICE - JUDY ATKINS This was a request to recognize the service of Judy Atkins to the Glendale Arts Commission. The purpose of this commission is to act in an advisory capacity to the City Council on the development and expansion of City of Glendale's public art program. Ms. Atkins served on the Arts Commission from January of 1997 to August of 2002. She completed two terms, including one term as Chair. During her tenure on the Arts Commission, with the support of the Mayor and City Council, the commission acquired 73 works of art. The most notable include: the brick sculpture, "A Tribute to Firefighters," by Jay Tschetter; the "Magic Doors," by Kathy Bradford; and the chandelier, "The Sun and The Moon," by world renowned artist Dale Chihuly. An additional 39 paintings, were purchased at the Glendale Arts Council's Juried Art Show. 1 Also noteworthy is the creation and expansion of the Performing Arts Grant Program, which was initiated in 1996. In the last five years, 54 grants, totaling $126,605, were awarded to organizations and artists for programs in theater, dance, and music. Ms. Atkins has spent numerous volunteer hours reviewing artists' résumés, slides, and concept plans, visiting art galleries, and attending special meetings, dedications, and open houses. She has been an integral part of the Glendale Public Arts program and is to be commended for her commitment, dedication, and contributions to the cultural development of Glendale. Mayor Scruggs presented a plaque to Ms. Judy Atkins for outstanding service to the Arts Commission. Ms. Atkins stated that it was a pleasure to serve on the Commission and thanked the Mayor and Council for their support. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 and 2 by number and title, and Ms. Pamela Oliveira, City Clerk, read Agenda Item Numbers 3 through 5 by number and title. 1. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT — CITY OF GLENDALE WATER SYSTEM SECURITY ASSESSMENT This was a request for City Council approval of a professional services agreement with Michael Baker Jr. Inc., in an amount not to exceed $132,623, to perform a security assessment of the City's drinking water system. As a result of the terrorist attacks of September 11, 2001, the U.S. Environmental Protection Agency (EPA) received a supplemental appropriation from Congress to improve the safety and security of the nation's water supply. The EPA established a non-competitive grant program in an effort to assist publicly-owned utilities in conducting an assessment of their water system. As a publicly-owned utility, the City was eligible for the grant and was awarded $115,000. The City Council adopted the resolution supporting the EPA Drinking Water Security Planning Grant application and authorized acceptance and implementation of the grant on June 25, 2002. The assessment will be conducted under the guidance and direction of the City's Utilities Director, with the assistance of representatives from other departments including Fire, Police, Engineering, and Environmental Resources. The assessment will examine existing water facilities considered critical to the operation and delivery of the City's drinking water supply, including treatment plants, reservoirs, wells, and delivery systems. The assessment will identify key water system security issues, recommend security improvements, and provide probable cost estimates for these improvements. This contract will also provide key City personnel with training so they 2 can assist in the current assessment and in future assessments. The assessment will also help assist in evaluating and updating the City's Utilities Emergency Operations Plan. The assessment will be completed in accordance with the grant requirements and all applicable federal, state, and local regulations, polices and contractual guidelines. Under the current requirements of the EPA, the vulnerability assessment is to be completed by December 31, 2002. On July 25, 2002, a Request for Proposal (RFP) was sent out, utilizing the Engineering Department's consultant database, to more than ninety companies that had listed expertise in civil and environmental engineering; 14 firms responded. These proposals were reviewed and ranked by an evaluation team, consisting of representatives from the Police, Fire, Utilities, Engineering, Environmental Resources, and Management and Budget Departments. Based on the proposal reviews and rankings, the evaluation team chose the firm of Michael Baker Jr. Inc. The EPA Drinking Water Security Assessment Grant funds are available in Account Number 47-7685-7330, Water Security Planning. Additional funds in the amount of $17,623 need to be transferred from Account Number 83-6421-7330, Pyramid Peak Plant, to Account Number 47-7685-7330, to fund this project. The recommendation was to approve the transfer of funds and the professional services agreement with Michael Baker Jr. Inc. in the amount of $132,623. 2. AWARD OF CONSTRUCTION CONTRACT - 715T AND GREENWAY NEIGHBORHOOD PARK This was a request for the City Council to award a construction contract to Archon, Inc. for the construction of a neighborhood park located at 71St Avenue & Greenway Road, adjacent to the Granada Estates neighborhood. The scope of work under this contract includes making the site improvements required for the construction of the neighborhood park, with amenities that include lighted basketball and sand volleyball courts, landscaping, irrigation, ramadas, play equipment areas, and security lighting. The development of this park meets or exceeds the goals outlined in the Parks and Recreation Master Plan. The design phase of this facility included citizen participation with the community through public meetings. Seven bids were received and opened on August 29, 2002. Archon, Inc. submitted the lowest bid in the amount of $455,337.80. Staff recommended that Alternate No. 1, which includes a sand volleyball facility, complete with a picnic ramada and court lighting, be added to the contract in the amount of $32,700 for a total of $488,037.80. Engineering Department staff reviewed the bids and recommended award to Archon, Inc., a responsive and responsible bidder. The differential between the low and second low bidder reflects the current construction market. The City has 3 experience with the low bidder and knows it to be a reputable firm. Funds for this project are available through the Development Impact Fee funds, Park Development 71s/Paradise, Account Number 14-8929-8300. The recommendation was to approve the award of contract to Archon, Inc. in the amount of $488,037.80. CONSENT RESOLUTIONS 3. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION This was a request for City Council approval of an intergovernmental agreement with the cities of Glendale, Chandler, Mesa, and Scottsdale to jointly engage outside counsel to represent their common interests in the Gila River General Stream Adjudication, with specific emphasis on the issues currently on appeal before the Arizona Supreme Court. These issues generally involve the extent to which groundwater will be subject to adjudication, the standards to be applied in determining federal reserved water rights (Indian claims) and how conflicting rights will be resolved. At stake in this lengthy litigation is approximately one-half of the City's water rights. The cities, through a competitive proposal process, hired Bill Anger of the law firm of Ulrich & Anger, P.C. to provide the representation. It is necessary to amend the contract to provide for a thirteenth year. The cost of legal services for the thirteenth year will not exceed $120,000, with expert services to not exceed $10,000. These costs will be shared by the participating cities. Glendale's share of legal services for the thirteenth year will not exceed $30,000, with expert services to not exceed $2,500. Glendale's total share for the thirteenth year will not exceed $32,500. Funds are budgeted in the City Attorney's Account Number 01-1510-7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement and contract for legal services with the cities of Chandler, Mesa, and Scottsdale relating to the joint legal representation in the Gila River General Stream Adjudication. Resolution No. 3620 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION. 4 4. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR AZTEC COMPUTER SUPPORT This was a request for City Council approval of an intergovernmental agreement with Maricopa County to provide an automation trainer for the state computer system used by the Glendale City Court in conjunction with 17 other Maricopa County courts. The computer system (AZTEC) was implemented by the Administrative Office of the Courts, with the understanding that all counties would hire their own trainers. AZTEC field trainers will provide needed assistance in teaching the staff how to correctly use its automated system. Frequent automation upgrades, together with staff turnover and changes in statewide laws and procedures, require committed resources to maintain proficiency through dedicated trainers. Having consistent training by the same individuals will lead to better quality data in the systems. Currently, the Court does not have regular access to a trainer. On an emergency basis, a trainer may be available through the Supreme Court. Annually, the Steering Committee, with one member from the courts of the cities of Avondale, Buckeye, Carefree, Cave Creek, El Mirage, Fountain Hills, Gila Bend, Glendale, Goodyear, Guadalupe, Litchfield Park, Peoria, Scottsdale, Surprise, Tolleson, Wickenburg, and Youngtown, shall determine the budget needs to operate the program. The City Court will provide its proportionate share of the amount, as required. The initial fiscal year funding in the amount of $29,484.96 will be provided by Fill the Gap grant through the Supreme Court. The budget and the amount of each pro-rata share shall be established before the commencement of the upcoming fiscal year by the Steering Committee and through each city's Council. Unless otherwise established by the Steering Committee, and as allowed by law, this agreement shall automatically renew on an annual basis, effective July 1, 2003 and thereafter. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager and the Presiding City Judge to execute an intergovernmental agreement with Maricopa County to provide the Glendale City Court with an AZTEC trainer that will provide ongoing computer system training. Resolution No. 3621 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 MARICOPA COUNTY SUPERIOR COURT FOR THE MARICOPA COUNTY AZTEC FIELD TRAINER PROGRAM. 5. AUTO THEFT PUBLIC AWARENESS GRANT This was a request for the City Council to accept a grant award of $20,000 from the Arizona Automobile Theft Authority for the purchase of approximately 3,300 anti- 5 theft devices. These devices will be given to owners of motor vehicles that are statistically proven to be most likely stolen in a given area in hopes of halting the continuous rise in auto thefts. The devices will be purchased at a reduced cost and will be given to the vehicle owners free of charge. The Glendale Police Department will work jointly with the Communications Department in educating the public on the increase of auto thefts and how they can assist police in combating this problem. Public awareness, tips, and current statistical information will be published in the local media, as well as aired on local television stations. Public service announcements will air on the City's cable channel, KGLN. The City of Glendale, like every other city in the Valley, has experienced a dramatic increase in auto thefts over the past three years. For calendar year 2001, auto theft rose 42% over calendar year 2000. Due to the high rates and/or costs of vehicle thefts throughout the Valley, it is time to implement an expanded approach to reduce vehicle thefts. There is no match or additional costs to the City of Glendale associated with this grant. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the grant award of $20,000 from the Arizona Automobile Theft Authority. Resolution No. 3622 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY FOR AN AUTO THEFT PUBLIC AWARENESS PROGRAM. Mayor Scruggs opened the meeting up for public comment on Consent Agenda Items 1 through 5. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed his opinion that parks help reduce crime because they gives youths and families a place to go. He said, for this reason, he supported the construction contract for the neighborhood park. He stated that he feels safer because of Glendale's Water Security Assessment. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 2, 3, 4, and 5, including the approval and adoption of Resolution No. 3620 New Series, Resolution No. 3621 New Series, and Resolution No. 3622 New Series. The motion carried unanimously. 6 NEW BUSINESS 6. CITY JUDGE REAPPOINTMENT This was a request to consider the re-appointment of Mr. John David Burkholder as City Judge, for a two-year term, beginning November 1, 2002 and ending October 31, 2004. Mr. Burkholder's current term expires on October 31, 2002. Pursuant to the Glendale City Code, Chapter 13, Article I, Section 13-6, the salary of the City Judge shall be set at 85% of the Presiding City Judge's salary. The recommendation was to consider the reappointment of Mr. John David Burkholder as City Judge, for a two-year term, beginning November 1, 2002 and ending October 31, 2004, at a salary of 85% of the Presiding City Judge's salary. It was moved by Eggleston, and seconded by Frate, to re-appoint Mr. John David Burkholder as City Judge, for a two-year term, beginning November 1, 2002 and ending October 31, 2004, at a salary of 85% of the Presiding City Judge's salary. 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, October 15, 2002, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. CITIZEN COMMENTS Ms. Patricia Edwards, a resident of the City of Glendale Barrel District and a member of Glendale Citizens and Businesses for Responsible Development, said she has faithfully attended various City and developer participation meetings, signing in, providing input, and asking questions. She stated that she had received no response with regard to citizen input and did not receive an invitation to the Planning and Zoning meeting scheduled for October 17, 2002. She stated that Mr. Brian Varney, City Planner, had told her the notices were sent out on September 27 and that she should have received one. She said he had also told her that notices were posted both on the property and in the Glendale Star. She pointed out that it is very difficult to read a notice when driving past a property and not all citizens receive the Glendale Star. She said the process fails if she is not directly informed as an interested party. She noted that five other interested parties she contacted had not received a notice either. She stated that Mr. Jeffrey Hecht, Director of Public Affairs for The Ellman Companies, indicated he had the list of interested parties, but neglected to provide mailing labels to the City. She demanded that the Council look into, and correct, the problem. With regard to the applications of big-box stores, Ms. Edwards suggested that the Planning and Zoning Commission prohibit 24-hour operations and deliveries between the hours of 10:00 p.m. and 6:00 a.m. She also suggested that they place the Wal-Mart store on 7 59th Avenue. She explained that it would provide for better access to the store and be less distracting to people who live in the Manistee neighborhood. She said, while Northern Crossings is not the larger of the two Ellman projects, she hoped it does not become the "stepchild" project. Ms. Kathy Lewis, a resident of the City of Glendale Barrel District and a representative of Glendale Citizens and Businesses for Responsible Development, stated that she had signed in on every list and directly expressed the group's interest to the Ellman Companies, the City Council and the City Clerk's Office. She stated that no members of the group had received a written notice from the Planning and Zoning meeting. She said she had spoken with Mr. Jon Froke, Planning Director, who expressed his concern over the situation and stated that he would look into the matter. She stated that they want Northern Crossings to be a quality development and need to be informed of the meetings to see that this occurs. She encouraged everyone to attend the Planning and Zoning Commission meeting on October 17. She said, despite assurances by the Ellman Companies, they had not received information concerning re- submissions. She reiterated their position that 24-hour operations and deliveries between 10:00 p.m. and 6:00 a.m. should be prohibited. She said overnight parking, outside storage boxes, tent sales, sidewalk sales, and car/truck sales should also be prohibited. She stated that large delivery trucks should be restricted from entering the surrounding neighborhoods and the delivery zones should be gated between 10:00 p.m. and 6:00 a.m. She expressed concern about traffic on Hayward and 55th Avenues. She agreed that the largest tenant, Wal-Mart, should be placed at the 59th and Northern Avenues intersection. She asked that the building facades be kept in character with downtown Glendale and that a trolley depot be located on the property. She recommended that graffiti control be built into the buildings and that the development be safe, secure, and well maintained. She suggested that a police substation be located at the center. She noted that the Ellman Companies have offered to reserve a space for such a use. Ms. Debra Kist, a resident of the City of Glendale Barrel District and a representative of Glendale Citizens and Businesses for Responsible Development, stated that she was also on the interested parties list for the Manistee development and was not informed of the Planning and Zoning meetings pertaining to the project. She said the development will have an enormous effect on all of the City of Glendale. She noted that Glendale Citizens and Businesses for Responsible Development has worked with the City's Planning Department, the Ellman Companies, and neighbors to ensure it is a neighborhood-friendly and compatible center. She referred to their list of recommended stipulations. She suggested that another meeting be held to review the changes that have occurred since the last meeting. Among their recommended stipulations were: (1) that the development have a minimum eight-foot wall along the back perimeter; (2) that the marquee be maintained at a height that is safe for pedestrians and traffic; (3) that fines for violations be enforced after a second violation occurs, with no more than three days allowed for violations to be corrected; and (4) that no gas stations remain open without an employee present at all times. She also 8 recommended that the big-box stores be required to retrofit or return the property to its original state. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he was pleased that the City of Glendale has been trying to improve the City's atmosphere and beauty. He stated that Saturday's Fire Parade was very impressive and he was amazed by the sense of "family" he felt. He spoke of a former City of Gilbert resident, who is currently a NASA astronaut, despite the fact that he was unable to speak English at the age of five. He stressed the importance of educating young people and encouraging them to reach for their dreams. He said the City will have to pull together more than ever during these difficult economic times. Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, said he had also attended all of the Northern Crossing meetings, but was not notified of the upcoming Planning and Zoning Commission meeting. He stated that they have tried to ensure Northern Crossings will be a great development and hoped to be able to continue participating in the process. He expressed concern about speeding on 63rd Avenue, between Glendale Avenue and Bethany Home Road. He noted that he and a friend clocked 43 cars exceeding 45 miles per hour. He noted that the speed limit in that area is 25 miles per hour. He said there were 13 vehicles going over 50 and 10 vehicles going over 60 miles per hour. He stated that no police offers were spotted in a three-hour period. He said the neighborhood has grown considerably and he was concerned about the safety of the children. He urged the City to do more to curtail speeding, including posting more speed limit signs in the neighborhood. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet congratulated Mr. John Burkholder on his reappointment to the position of City Judge . He thanked Mr. Mark Burdick, Fire Chief, and Mr. William Benson, Fire Department Life Safety Services Captain, for their outstanding efforts on the fire parade. He announced that the first of three community meetings to discuss changes to the existing City Code will be held at Foothills Elementary School on October 17. Councilmember Lieberman congratulated Mr. John Burkholder and thanked the Fire Department for the tremendous parade. He noted that Gang Night is scheduled for October 19 and encouraged all residents to participate. Vice Mayor Eggleston thanked the citizens and neighborhood leaders who showed up at the Public Safety building to prepare for the upcoming event. Councilmember Martinez congratulated Mr. Burkholder. He thanked Mr. Burdick and his staff for the great job they did on the parade. He said the park that the Council approved as part of the Consent Agenda has been a long time coming. He announced that a meeting will be held at Arrowhead Elementary School to discuss the proposed 9 Eckard's Drug Store to be located at 75th Avenue and Deer Valley Road. He urged all those interested to attend. Councilmember Frate welcomed students from Cactus and Ironwood High Schools. He said he would be hosting a district meeting on October 16 at Kachina Elementary School. He also congratulated Mr. Burkholder on his re-appointment. He commented on the success of the fire parade. He urged everyone to watch children around water. ADJOURNMENT There being no further business, the meeting was adjourned at 7:45 p.m. L Pamela liveira - City Clerk 10