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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 12/10/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, DECEMBER 10, 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 resolution and three 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. Mayor Scruggs welcomed and introduced the following members of Boy Scout Troop 667, Firebird District: Adam Conti, James Fox, Jerron Fox, Alex Madisec, Nick Hibbard, Donny Berkowist, Adam Rose, Taylor Radmall, Mathew Dwell, Dustin Brockman and Sean Madisec. She also welcomed their Scout Master and parents Lynn Walker, Joe Fox, Nick Hibbard, Eddie Martin, Kelly Berkowist and Carl Kryger. APPROVAL OF THE MINUTES OF NOVEMBER 19, 2002 It was moved by Goulet, and seconded by Lieberman, to dispense with the reading of the minutes of the November 19, 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 DEER VALLEY ASSOCIATION ROADRUNNERS PROCLAMATION This is a request for City Council to recognize the outstanding accomplishments of the Deer Valley Association Roadrunners Pee Wee Division Youth Football Team. The Roadrunners, with 26 players from Glendale and ranked 12th going into the state playoffs, defeated the #2 ranked Southeast Valley Typhoons by a score of 39-6. In defeating the Typhoons, the Roadrunners captured the Arizona State Championship title for the Pee Wee Division of Pop Warner Football. The team's final record was 10- 2-1. The team, whose members are 9-12 years of age, is coached by Mr. Brad Chocholousek. Six other Glendale parents assisted with coaching the young men to victory. Additionally, the Roadrunners Cheer Team, coached by Ms. Patty Bowers, 1 should be commended for enthusiastic support of the football team. The Cheer Team members range in age from 6-12 years old. Mayor Scruggs presented a proclamation in recognition of the Deer Valley Association Roadrunners' accomplishments to Brad Chocholousek. Mr. Chocholousek said it was a once in a lifetime experience to coach a team he put together, stating the kids played well and were very disciplined. He stated it is an honor and privilege to accept the proclamation on behalf of the team, the cheerleaders, the coaches and parents. CITY S.A.F.E. PROCLAMATION The city of Glendale is proud to proclaim January 2003 as Child Safety Month, as part of the continuation of CITY S.A.F.E. (Survival And Family Education). CITY S.A.F.E. is an educational campaign, which offers residents information about preparing for and coping with home emergencies or local disasters. The campaign was launched in 2002 with a series of open house breakfasts at each of Glendale's seven Fire Stations. Over 1,500 residents joined Mayor Scruggs, the City Council and department representatives to learn about preventative measures in the event of an emergency and visit with local partners, including the American Red Cross, APS, Arizona Cardinals, Arizona Search Dogs, Arrowhead Community Hospital, Kids At Hope, Luke AFB, Mayor's Alliance for Youth, Midwestern University, Southwest Ambulance, SRP, and Thunderbird Samaritan Medical Center. The 2003 campaign will focus on increasing community awareness of important safety topics through educational programs, activities, and events. Each month will be dedicated to a specific safety topic. In addition to child safety, CITY S.A.F.E. will focus on auto theft prevention, financial and identity fraud, and neighborhood and water safety. Mayor Scruggs proclaimed January 2003 as Child Safety Month and presented a proclamation to Chief Randy Henderlite and Lt. Frank Balkcom of the Glendale Police Department. Chief Henderlite stated there is nothing more important to the city and its citizens than the safety and well-being of children. He explained the program was started by Mayor Scruggs last summer and involves every department within the city. He invited everyone to attend the programs being given during Child Safety Month. Lt. Balkcom thanked the Mayor and Council for their leadership, stating they welcome the opportunity to serve the community in this important way. 2 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 3 by number and title, and Ms. Pamela Oliveira, City Clerk, read Agenda Item Number 4 by number and title. 1. EMERGENCY PURCHASE OF COMMERCIAL FRONT LOADER REFUSE TRUCK This is a request for City Council approval to purchase one front loader sanitation truck following the Emergency Purchases of Materials and Services procedure outlined in the City Manager's Directive No. 10. On Tuesday, October 29, 2002, an eight-year-old front loader (D25) was destroyed by fire. The fire appears to have been caused by the rupture of one or more hydraulic lines. The vehicle was a total loss because the fire spread rapidly and consumed the vehicle within a few minutes. The Commercial Sanitation Collection—Front Load division runs seven front load routes. Until the October 2002 fire, the division had eight front load trucks, thus giving the operation one spare collection truck. The loss of the truck leaves the division with no spare collection vehicles. Consequently, if any of the remaining seven trucks requires more than a few hours of repair or maintenance work, scheduled collection service cannot be provided to customers. The provision of scheduled commercial service is especially critical for the division's apartment and restaurant accounts, and the lack of a spare front loader could put the crews behind schedule. In accordance with City Manager Directive No. 10, Emergency Purchases of Materials and Services, Field Operations contacted Materials Management and requested the immediate purchase of a front loader to replace the burned unit. Field Operations staff located two units meeting front loader specifications that were available for immediate delivery: • Heil Environmental Industries LTD had a new 40 yard front loader available for a total price of $152,604.77, tax included. • Norwood Equipment had a similar new 40 yard front loader available for a total price of$153,285.80, tax included. Pricing for the unit is consistent with similar trucks purchased in the past. An emergency purchase requisition for the Heil unit was prepared and the unit was purchased and put into service. Funding is available from proceeds and interest balance in the LaSalle Capital Lease escrow and unspent funds in the following accounts: 3 • Commercial Sanitation Collection—Front Load Division, LaSalle Capital Lease Escrow account: 57-6271-08400 for$126,462.63, and • Commercial Sanitation Collection—Front Load Division, Capital Purchases Over $5,000 account: 57-6271-8400 for $26,142.14. The LaSalle Capital Lease is a lease-purchase financing arrangement for a variety of capital items for many city departments that the Finance Department completed in June 2000. The purchase price will be offset with insurance proceeds in the amount of $58,932.51 per a letter from the insurance carrier dated November 18, 2002. The recommendation was to approve the purchase of one front loader sanitation truck based on the procedures detailed in City Manager Directive No. 10, Emergency Purchases of Materials and Services. 2. PROFESSIONAL SERVICES AGREEMENT - GLENDALE MUNICIPAL AIRPORT RUNWAY EXTENSION AND OVERLAY This is a request for City Council approval of a professional services agreement with Z&H Engineering, Inc., for construction administration services to monitor construction activities to extend and overlay Runway 1-19 at the Glendale Municipal Airport. Z&H Engineering, Inc., provided the design services for this project. Construction administration services were included as part of the original consultant selection process, but require a separate contract from the design services because funding for this phase of the work is provided under a different grant. The services covered under this contract include construction inspection, quality assurance testing, certification of final quantities and providing as-built records. The award of the construction contract, which will extend and widen the runway to a total length of 7,150 feet, is taking place under a separate council action. The City received a $4,623,480 grant from the U.S. Department of Transportation Federal Aviation Administration (FAA) in September 2001, which will provide ninety-one percent ($314,678) of the funding for this project. The City received a $226,960 grant from the Arizona Department of Transportation (ADOT), Aeronautics Division in February 2002, which will provide 4.5% ($15,561) of the funding for this project. The City's share is the remaining 4.5% ($15,561), which is available in Account Number 34- 8024-8330, FAA Grant No. 13 – Runway Widening and Extending. The recommendation was to approve the Professional Services Agreement with Z&H Engineering, Inc., in the amount of$345,800. 4 3. AWARD OF CONSTRUCTION CONTRACT - GLENDALE MUNICIPAL AIRPORT RUNWAY EXTENSION AND OVERLAY This is a request for City Council approval to award a construction contract to Nesbitt Contracting Co., to extend and overlay Runway 1-19 at the Glendale Municipal Airport. The existing runway is 5,350 feet long and in general, sufficient for departures when temperatures are mild and destinations are regional. To fully accommodate corporate type aircraft and operate safely during summer months the Federal Aviation Administration (FAA) recommends a runway length of 7,000 feet. This project will extend the runway 1,000 feet south and 800 feet north, for a total runway length of 7,150 feet. The runway will be widened from 75 feet to 100 feet and overlayed to increase the strength from 37,500 pounds dual wheel loading to 60,000 pounds. The work also includes new runway lighting and paint striping. The City received a $4,623,480 grant from the U.S. Department of Transportation Federal Aviation Administration (FAA) in September 2001, which will provide ninety-one percent ($2,949,267.78) of the funding for this project. The City received a $226,960 grant from the Arizona Department of Transportation (ADOT), Aeronautics Division in February 2002, which will provide 4.5% ($145,842.91) of the funding for this project. The City's share is the remaining 4.5% ($145,842.91), which is available in the Airport Division Account. Six bids were received and opened at 10:00 a.m. on November 14, 2002. Nesbitt Contracting Co., a qualified and licensed contractor, submitted the lowest bid in the amount of $3,240,953.60. The City received a letter of protest regarding Nesbitt's bid from Combs Construction Co., the second lowest bidder. The letter stated that Nesbitt failed to meet the requirement that Disadvantaged Business Enterprise (DBE) participation be no less than 12.3% of the entire bid. On November 21, 2002, Nesbitt submitted DBE information showing participation of 13.97%. This information was submitted within the 10-day period required by the contract documents, therefore the protest was denied. Engineering staff has reviewed the bids and recommends award of the bid to Nesbitt Contracting Co., a responsive and responsible bidder. Funds are available in Account Number 34-8024-8300, FAA Grant No. 13 — Runway Widening and Extending, for the construction of this project. The recommendation was to approve the construction contract to Nesbitt Contracting Co., in the amount of$3,240,953.60. It was moved by Lieberman and seconded by Frate, to table Consent Agenda Item No. 3. The motion carried unanimously. CONSENT RESOLUTIONS 5 4. INTERGOVERNMENTAL AGREEMENT WITH REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR TRANSIT SERVICES This is a request for City Council approval of an Intergovernmental Agreement with the Regional Public Transportation Authority (RPTA) to continue the provision of public transportation services in Glendale. Annually, the RPTA receives about $7,000,000 from the Regional Area Road Fund (RARF) tax to provide regional bus service in the Valley. Approval of this agreement will continue service provided in Glendale for fiscal year 2002-03 at a cost to RPTA of $801,825. This amount reflects a reduction of 10% from the previous year and will continue to be reduced by an additional 10% the next two years until funding runs out in 2005. The RPTA Board approved the Valleywide reductions last year in an effort to reduce RPTA's debt services to the city of Phoenix. The bus service funded with the passage of the Glendale Transportation Tax initiative last November along with the service provided by this agreement, has greatly improved the level of transit service in Glendale. Bus service is now available every half-hour, Monday through Saturday from 5 am. to 10 pm., and hourly on Sunday and Holidays from about 6 am. to 8 pm. Bus service in Glendale is provided on: Grand Avenue Union Hills Drive Bell Road Thunderbird Road Peoria Avenue Olive Avenue Northern Avenue Glendale Avenue Bethany Home Road 67th Avenue 59th Avenue In addition there are two Express routes to downtown Phoenix: Route 570 (59th Avenue and Myrtle Avenue) and Route 581 (59th Avenue and Thunderbird Road). This agreement covers RPTA services to Glendale including regional customer services and communications at a cost of $279,213. Funding is provided for in the fiscal year 2002-03 budget under transportation/transit/fixed route account number 25- 6354-7330. An additional service to Glendale is implementation of the Telework Initiative Grant Program that is a component of the Transportation Demand Management program of the Glendale Transportation Plan. Funding in the amount of $37,861 for this project is provided in the fiscal year 2002-03 budget under transportation/transit/demand management account number 25-6355-7330. The recommendation was to waive reading beyond the title, and adopt a resolution authorizing an Intergovernmental Agreement between the city of Glendale 6 and the Regional Public Transportation Authority to continue the provision of public transportation services in Glendale. Resolution No. 3632 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 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 2 and 4, including the approval and adoption of Resolution No. 3632 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS Mr. Flaaen recommended the Council conduct a joint public hearing on Items 5 and 6, but that separate motions be made on each. 5. APPEAL OF CONDITIONAL USE PERMIT APPLICATION ZU-02-12: 5605 WEST NORTHERN AVENUE This is an appeal of the Planning Commission's approval of a Conditional Use Permit to allow a single retail use exceeding 75,000 square feet of gross floor area and a minor automotive repair facility in the C-2 (General Commercial) zoning district. The site measures 22.09 acres and is located at the southeast corner of 59 Avenue and Northern Avenue in the proposed Northern Crossing shopping center. The applicant is Morrill & Aronson, P.L.C. representing Brenda Rogers. Ms. Rogers lives within 300 feet of the proposed use. The use permit allows a 225,114 square foot Wal-Mart Supercenter that includes a 14,892 square foot Garden Center and a 6,950 square foot Tire & Lube Express facility. At a public hearing on October 17, 2002, the Planning Commission approved Conditional Use Permit ZU-02-12 subject to four stipulations. Mr. Moshier filed the appeal on October 30, 2002. The requests asks the Council to limit Wal-Mart's store hours, delivery hours, outside storage, and outdoor sales. The recommendation was to conduct a public hearing and determine if application ZU-02-12 meets the required findings for Conditional Use Permit approval. If the City Council decides to approve the Conditional Use Permit, the approval should be subject to the four stipulations recommended by the Planning Commission. 7 6. APPEAL OF CONDITIONAL USE PERMIT APPLICATION ZU-02-13: 5809 WEST NORTHERN AVENUE This is an appeal of the Planning Commission's approval of a Conditional Use Permit to allow a single retail use exceeding 75,000 square feet of gross floor area in the C-2 (General Commercial) zoning district. The site measures 14.08 acres and is located at the southeast corner of 59th Avenue and Northern Avenue in the proposed Northern Crossing shopping center. The applicant is Morrill & Aronson, P.L.C. representing William J. Moder. Mr. Moder lives within 300 feet of the proposed use. The use permit allows a 161,171 square foot Lowe's Home Improvement Warehouse that includes a 27,099 square foot Garden Center. At a public hearing on October 17, 2002, the Planning Commission approved Conditional Use Permit ZU-02-13 subject to five stipulations. Mr. Moshier filed the appeal on October 30, 2002. The request asks the Council to limit Lowe's store hours, delivery hours, outside storage, and outdoor sales. The recommendation was to Conduct a public hearing and determine if application ZU-02-13 meets the required findings for Conditional Use Permit approval. If the City Council decides to approve the Conditional Use Permit, the approval should be subject to the four stipulations recommended by the Planning Commission. Mr. Beasley explained in April 2001 the city was dealing with a property that was in a blighted state. He said several residents in the area contacted the city to express concern and a number of businesses were forced to close. He stated the city was unable to move forward with the development of the property for two primary reasons, the market and the property's current owner. He explained City Council directed staff to pursue sustaining the neighborhood by directly being involved in the purchase of the property. He stated the purpose of their endeavor was to sustain the neighborhood, not economic reasons. Mr. Jon Froke, Planning Director, displayed aerial photos depicting the current state of the property and maps depicting the zoning and context of the property. He explained ZU-02-12, located at 5605 West Northern Avenue, is an appeal of the Planning Commission's approval granted by the Planning Commission for a Conditional Use Permit for a big box retailer larger than 75,000 square feet. He said the site is approximately 22 acres and is located south of the southeast corner of 59th Avenue and Northern. He noted the appellants live within 300 feet of the proposed use. Mr. Froke stated the conditional use permit, as approved, allows a 225,100 square foot Wal-Mart Supercenter, including a 14,892 garden center and 6,950 square foot tire and lube express facility. He said the Planning Commission approved the permit subject to four stipulations. He pointed out both conditional use permits are consistent with the city's general plan, Glendale 2025, recently approved by the voters. He stated a lot of citizen participation has occurred since April 2001, noting a considerable number of letters, phone calls and emails in support of the Commission's approval have been received 8 since the Planning Commission's hearing on October 17. With regard to ZU-02-13, Mr. Froke said the site measures approximately 14 acres and the use permit proposes a 161,100 square foot Lowe's Home Improvement Center, including a 27,000 square foot garden center. He noted ZU-02-13 was approved by the Planning Commission subject to five stipulations. Mr. Froke explained Valley West Mall, when originally developed in the early 1970's, encompassed approximately 613,000 square feet of commercial retail space, whereas Northern Crossing proposes approximately 481,061 square feet. He referred to the site plan depicting the general configuration of the entire development. He pointed out the locations of the two major tenants, Lowe's to the west and Wal-Mart towards the east. He stated the building setbacks, amount of buffering, parking lot landscaping, and retention are substantial compared to the original development. Councilmember Clark said she has received a number of requests for stipulations with regard to delivery hours. She asked what is the setback between Wal-Mart and Hayward Avenue. Mr. Froke explained there will be 60 feet from the building to the north right-of-way line for Hayward. He said Hayward Avenue is classified as a collector street, providing an additional 50 to 100 feet of buffer. Councilmember Clark asked if the four storage areas abut the south perimeter wall of the Wal-Mart property. Mr. Froke responded yes, noting a screen wall of up to 12 feet in height will run along Hayward and the storage units will be enclosed on three sides. He pointed out the landscaping plan includes hundreds of plants, including trees, shrubs and ground cover. Councilmember Clark asked if delivery hours and overnight parking of delivery trucks are two separate issues in terms of the Conditional Use Permit. Mr. Froke said the issues are related, noting a stipulation was added to both permits related to overnight parking. Councilmember Clark asked if any limitation has been imposed on delivery hours or on the number of delivery trucks that can be parked in the loading area overnight. Mr. Froke responded no. Councilmember Clark asked if the narrative, as it currently reads, would allow an unlimited amount of nighttime deliveries. Mr. Froke answered yes. Councilmember Goulet asked if a similar tenant at the prior facility would have been allowed to accept nighttime deliveries if the prior facility were still in existence and had been redeveloped. Mr. Froke said yes, pointing out the property has been zoned C-2 for approximately 40 years. Councilmember Goulet asked, if the applicant had six 20,000 square foot users rather than one 225,000 square foot user, would those tenants be allowed unrestricted delivery hours. Mr. Froke responded yes. In response to Councilmember Frate's question, Mr. Froke stated the screen wall would be similar in concept to the one found at the Home Depot at 59`" Avenue and Peoria. Councilmember Frate said the Home Depot wall does a good job of protecting the neighborhood. Councilmember Clark stated the buildings at Valley West Mall were setback considerably further from Hayward than the 60 feet proposed for Wal-Mart. Mr. Froke 9 pointed out, however, the landscaping and screening materials are far superior to that which previously existed on the site. Mr. Froke submitted a list of all correspondence received since the Planning Commission hearing, pointing out 80 percent of all those who contacted the city support the Planning Commission's approval. He noted a lot of input has been received since the Council's information packets were compiled. Mayor Scruggs asked if the applicant is agreeing to restrict deliveries to the hours identified in their narrative. Mr. Froke stated there are no stipulations with regard to delivery hours. He said the applicant is required to submit a project narrative, which is a written description of the project. Mayor Scruggs asked what remedies the city would have if the applicant violates a stipulation or a statement made in the narrative as to the manner of operation. Mr. Froke stated violations are handled by Code Compliance. He confirmed Code Compliance could act on violations stemming from the contents of the project narrative. Mayor Scruggs asked if the applicant is fully aware of the four types of security they are expected to provide. Mr. Froke responded yes. Councilmember Clark asked why stipulations are typically required if conditions set forth in a project narrative can be enforced. Mr. Flaaen explained the Conditional Use Permit provides the city with an opportunity to look at possible impacts of the project on the community. He said a project narrative is made a condition, in addition to any other stipulations placed on the project, once the permit is granted. Councilmember Clark asked if the language of the project narrative states the applicant will generally comply with daytime deliveries, but an unlimited number of nighttime deliveries can also be accepted. Mr. Frate stated that is correct with regard to ZU-02-12. He noted the city applies standard stipulations to all conditional use permits, including one requiring substantial conformance with the site plan and narrative. Mayor Scruggs stated a reasonable person would understand "generally" to mean most of the time. She asked if Wal-Mart would be in violation of their project narrative if it ultimately received most of its deliveries at night. Mr. Flaaen said, while it would be enforceable by Code Compliance, they would first have to establish whether Wal-Mart is exceeding their customary number of nighttime deliveries. Councilmember Clark pointed out Lowe's project narrative also states occasional nighttime trailer drop-offs will occur. She stated she is uncomfortable with the vagueness of the language. Mr. Paul Gilbert, on behalf of the Ellman Companies, Wal-Mart and Lowe's, reported the Maya High School site was razed as scheduled. He pointed out that they have had strong support from city staff, the Planning Commission, the Chamber of Commerce and many area residents. He said they are not before Council with a zoning case, noting the property is zoned C-2 with virtually no restrictions. He stated the property had basically no restrictions, no landscaping requirements or drainage requirements at the time the mall was developed. He said their project represents a 10 significant upgrade, with drainage protection that meets the 100-year requirement. He referred to aerial photographs of the property in its current condition and as it existed when the West Valley Mall was there. Mr. Gilbert stated the property is clearly and unequivocally an infill site, noting they have not asked for the variances typically associated with infill projects. He said staff's report states the development is compatible with the General Plan, the proposed setbacks exceed what is typically required in a C-2 zoning district and the proposed site plan meets or exceeds all of the required development standards. He emphasized that redevelopment of the site will significantly enhance the access and circulation pattern on and off the site. Mr. Gilbert stated they have held a lot of neighborhood meetings and have received a lot of neighborhood input, noting this is their third submittal. He said they have made changes in terms of the building architecture, color, landscaping, setbacks, screening, traffic circulation and lighting as a result of the input they received. He reiterated that the project actually represents a reduction in square footage over what was previously located on the property. He stated the applicant will make significant improvements in terms of traffic, even though the project is only expected to increase the daily number of traffic trips by 300. He said the applicant is proposing 695, 24" box trees, 204, 36" box trees and 78, 48" box trees for a total of over 1025 trees. He pointed out they will also be adding shrubbery, ground cover and landscaping setbacks. He said the old center had six access points on Hayward, noting the proposed development reduces the number of access points by half. Councilmember Clark asked if the tire/lube express portion of Wal-Mart would be visible from Hayward. Mr. Gilbert began by pointing out the owner of the row of homes south of Hayward does not oppose their application. He said the high screen wall will obscure virtually all of the tire/lube express operation. Mr. Bob McGavin, Vice President of Corporate Affairs, Wal-Mart, stated the tire/lube express facility will only be visible from two small areas along Hayward. Councilmember Clark asked how frequently the used tires and batteries would be picked up. Mr. McGavin responded weekly. Councilmember Clark asked if wooden pallets and compressed cardboard continue to be the only items they intend to store in the outside storage areas. Mr. McGavin answered yes. He confirmed items would not exceed the height of the screening wall. Councilmember Goulet dismissed concerns about the tire and lube facility being visible from Hayward, stating the houses south of Hayward will face east and west and also have a screen wall on Hayward. Mayor Scruggs showed a picture showing a storage facility at a Wal-Mart located in Surprise, stating they do not want a similar situation to occur at Northern Crossing. She asked Mr. McGavin how he can assure the city it will never face a similar situation. Mr. McGavin explained the Wal-Mart depicted in the pictures was not subject to the same stipulations. He acknowledged storage of layaway items can become an issue during the holiday season, however, this store has been designed to avoid the need for additional outside storage. Mayor Scruggs asked Mr. McGavin to assure the Council 11 they would not leave semi-trucks lined up on the property. Mr. McGavin explained there are seven bays between the two loading docks, therefore, seven trailers could be parked in the docks overnight. He stated no other overnight truck parking would be allowed. Mr. Gilbert referred to Stipulation 4, stating overnight parking of recreational vehicles, semi-truck trailers and other delivery vehicles shall be prohibited, except that semi-trailers may remain in the loading docks overnight. He said the applicant has agreed to that stipulation. Councilmember Martinez asked Mr. McGavin to quantify what they mean by "occasional" overnight deliveries. Mr. McGavin stated, as a general practice, Wal-Mart Supercenters tend to get one to two deliveries of perishable merchandise between the hours of 10:00 p.m. and 6:00 a.m. He noted a third delivery could be necessary at their highest volume times such as the Tuesday before Thanksgiving. He said they are seeking the same rights given to other grocers in the city. He acknowledged the possibility of a fourth delivery being needed if grocery sales exceed their most optimistic projections. He explained their goal is to have the flexibility needed to best serve their customers. Councilmember Martinez asked Mr. McGavin if they would agree to a stipulation restricting the number of deliveries to one or two except during peak holiday seasons. Mr. McGavin said that would be within the Council's discretion, however, they would prefer to maintain flexibility. Mr. Gilbert suggested the stipulation limit the number of overnight deliveries to no more than five. Mayor Scruggs asked Mr. Gilbert if, in the applicant's opinion, they would be in violation of the stipulation if, ultimately, three or more deliveries were made on a nightly basis. Mr. Gilbert responded yes. Mayor Scruggs said, however, the applicant does not want to be penalized for the occasions when a fourth delivery is required to meet demand. Mr. Gilbert agreed. She asked Mr. Gilbert to draft language for a stipulation that would satisfy the public, while maintaining the level of flexibility they require. Councilmember Lieberman asked if the trucks would be a combination of dry and refrigerated trucks. Mr. McGavin said the trucks that arrive between 10:00 p.m. and 6:00 a.m. haul perishable items. He stated general merchandise and dry goods are delivered before 10:00 p.m. Councilmember Frate asked if the nighttime delivery trucks would be owned and operated by Wal-Mart. Mr. McGavin said, while some of the trailers are leased, the trucks would be coming from a Wal-Mart distribution center. Councilmember Frate asked what is the actual square footage of the grocery component of the store. Mr. McGavin stated it usually accounts for 30 to 35 percent of the total square footage. Councilmember Frate agreed it is customary to deliver perishable items at night and non-perishable items during the day. He asked if the driver would remain on site while the items are unloaded or if they would drop the trailer and leave. Mr. McGavin said the truck typically drops the trailer and leaves, most often taking an empty trailer with it. Councilmember Frate stated the traffic circulation patterns are significantly better than the previous shopping center. He asked if a semi-truck could enter through the front driveway off Northern. Mr. McGavin said it is their understanding semi-trucks could 12 utilize that entrance. Mr. Gilbert stated the applicant has agreed not to allow trucks to access the property from 55th Avenue. Mr. McGavin noted the loading docks were designed to minimize the noise. Councilmember Clark asked if any Wal-Mart location has been limited in terms of delivery hours and, if so, how was that handled. Mr. McGavin said some stores have limited delivery hours, however, it does not happen frequently. He stated, while the limitation is not best for the company or its customers, they have learned ways to accommodate the restriction. Mr. Gilbert stated he is unaware of any instance where Wal-Mart agreed to limit delivery hours on a site that was already zoned C2 with no restrictions. Councilmember Clark expressed her opinion the game changed when the city passed the Big Box ordinance requiring a conditional use permit, regardless of the properties zoning. Mr. Flaaen explained the purpose of the Big Box Ordinance was to provide the city with an opportunity to apply stipulations or conditions to mitigate the adverse impacts of the larger buildings. He stated any conditions placed on a big box store must have a rational basis. Mayor Scruggs said her intent in introducing the idea of an ordinance requiring conditional use permits on big box stores was to keep big box stores from locating on lots that were too small. She explained the previous Planning Director set the criteria for big box stores at 75,000 square feet to keep grocery stores from having to go through the conditional use permit process. She said, therefore, they would not be discussing delivery hours and loading docks if the applicant were just a grocery store. Councilmember Goulet pointed out perishables are delivered at night to keep them from being delivered during the heat of the day. He cautioned against setting a specific number of deliveries, stating they would be micromanaging a business with which they do not have expertise. Councilmember Martinez disagreed, pointing out the applicant indicated they would consider such a limitation. He said he would like to see if the applicant could draft language that would satisfy everyone involved. Mayor Scruggs said, as a reasonable person, she understands what is meant by the term "generally" and given Councilmember's experience in the field and affirmation of the customary procedures in terms of deliveries, she would be hesitant to limit the number of deliveries to a specific number. She said, however, she believes the applicant could offer language that would make everyone more comfortable. Mayor Scruggs asked why Wal-Mart should be given the freedom to choose to be open 24 hours a day, seven days a week and how they would make the decision to do so. Mr. McGavin explained Wal-Mart wants to operate on a 24-hour basis because that is what their customers have indicated they want. He stated all Wal-Mart stores and most grocery stores have personnel in the stores 24-hours a day, stocking shelves if not selling merchandise to customers. He said, in their opinion, a 24-hour operation is 13 positive for the area as well because the increased activity results in a reduction in crime related activities. Mayor Scruggs asked if it is Wal-Mart's general practice to close all but one entrance late at night. Mr. McGavin said the stores are handled on a case-by-case basis, emphasizing their desire to create a safe shopping experience. He confirmed there would be at least one uniformed security officer on patrol in the parking lot 24 hours a day and a uniformed patrol associate in the store as well as 24-hour a day roof- top camera surveillance and an in-house closed-circuit television security system. Mr. Gilbert pointed out the existing center would have been allowed to operate 24 hours a day under the existing zoning. Councilmember Frate asked what would preempt Wal-Mart from being open 24 hours a day. Mr. McGavin stated sales would have to justify the additional cashiers, explaining that is the only part of the store not fully staffed when the store is closed. Councilmember Frate asked if security incidences increase during evening or late-night hours. Mr. McGavin said to his knowledge, the company has not made a decision to not operate on a 24-hour basis based on loss prevention issues. He stated they are very proud of their security. Councilmember Martinez asked if any of their 24-hour stores have later decided to limit operations to daytime hours. Mr. McGavin said he is unaware of any Superstore scaling back their hours, however, some of their general merchandise stores have chosen to do so. Mayor Scruggs reported receiving a phone call from a concerned citizen who met privately with Mr. McGavin to discuss how they could make the Supercenter conform with how they believe it should operate. She said that person stated she specifically asked Mr. McGavin if Wal-Mart would locate at Manistee Town Center if they were not given the freedom to choose to be open 24 hours. She asked Mr. McGavin to share that discussion with the Council. Mr. McGavin said the company's position is that the development would become substantially less attractive if they are not free to operate on a 24 hour basis, therefore they would have to reconsider if such restriction were imposed. Mayor Scruggs asked if the person asked him if he considered the restriction a "deal breaker". While he did not recall her specific question, Mr. McGavin said, if she had asked him if he considered the restriction a deal breaker, he would have responded yes. Mr. John Moshier, Appellants' attorney, stated he also represents the United Foods and Commercial Workers Local 99 who has actively supported community groups throughout the state. He explained the appellants do not oppose the redevelopment of Northern Crossing and, in fact, welcome it. He said they are not asking Council to deny the Conditional Use Permit, but rather that reasonable stipulations be added to avoid undue neighborhood impact. He explained his clients are asking for assurances that their neighborhood will be reasonably quiet at night. He stated there has been virtually no traffic at the subject site for many years and it has 14 never seen the level of traffic the proposed development is expected to attract. He said the traffic impact statement estimates an additional 22,600 trips per day added to the roads, pointing out the roads already carry a heavy load. He stated the site has never hosted a 24-hour operation or been subject to 24-hour deliveries. He submitted a copy of the developer's traffic study for the record, noting it indicates the development will significantly worsen traffic conditions in the neighborhood. He said the intersections at 59th Avenue and Northern and 5151 Avenue and Northern are already at capacity and the proposed development would take them far beyond capacity. He pointed out the ' traffic study recommends the acquisition of additional roadway on 59th Avenue north of Northern. He said the city conducted its own Wal-Mart Supercenter traffic impact analysis in December 2000 and was surprised by the large amount of additional traffic it predicted would visit Wal-Mart in the middle of the night. He stated the nighttime activity will be a tremendous change for the neighborhood, which has been largely residential for many years. He noted 145 additional homes are projected to come in immediately across the street from the subject site. Mr. Moshier rebutted the applicant's attorney's claim that other developments could be much worse, stating no one has the right to develop the property based on zoning that existed prior to the big-box ordinance being enacted. He said it is the Council's duty to review the situation and determine what stipulations, if any, are appropriate. He stated the zoning ordinance criteria for Conditional Use Permits are laid out in the staff report and require the Council to make a finding that the proposed use will not be detrimental to or have an adverse effect on the surrounding neighborhood. He said Council is empowered to impose stipulations to mitigate impacts, expressing his opinion Council cannot logically, rationally or fairly conclude that a proposed 24-hour operation in an area where one has not previously existed will not have an impact on the surrounding area. Mr. Moshier said the appellant is proposing four stipulations. The first would prohibit 24-hour operations and limit the hours of operations to 6:00 a.m. to 10:00 p.m.. He said the applicant argues that smaller grocery stores operate on a 24-hour basis, noting, however, they do not serve the semi-regional trade area Super Wal-Mart's serve. He explained Super Wal-Mart's are designed to attract people from a much larger trade area, resulting in considerably more traffic. Mr. Moshier asked for a second stipulation prohibiting nighttime deliveries and restricting deliveries to the hours of 6:00 a.m. to 10:00 p.m.. He said the applicant has admitted one to four trucks will make nighttime deliveries to the site every night. He expressed concern about the noise associated with the trucks, both in the loading docks and as they drive down the streets. He pointed out Wal-Mart's representative admitted they have found ways to work with restricted delivery hours. He advised the Council of a presently pending proposed amendment to the City of Phoenix Commercial Zoning District Ordinance for C-2 zoning, Section 623, wherein deliveries at large scale retail developments in excess of 100,000 square feet will be permitted between the hours of 6:00 a.m. and 10:00 p.m.. He said the proposed amendment shows that his clients' request is not uncommon or unreasonable. Mr. Moshier stated 15 the language used in the project narrative is ambiguous and unenforceable. He said, in reality, the applicant will have nighttime deliveries whenever they want. He suggested the applicant could find a way to work with limited delivery hours if they truly want to work with the neighborhood. Mr. Moshier said, while the applicant indicated there will be no outdoor storage other than the four storage units referenced in their narrative, he would recommend the Council solidify such agreement through a stipulation. He also recommended a stipulation be imposed prohibiting outdoor sales, auto sales or other events that would increase the impact to surrounding neighborhoods. Vice Mayor Eggleston asked Mr. Moshier if he had seen a flyer sent out last week regarding the appeal. Mr. Moshier responded no. Vice Mayor Eggleston described the flyer as having pictures depicting violence and crime scenes as well as listing the four proposed stipulations. He said, while its depictions were troublesome, he was more concerned by the fact that it did not identify who was responsible for its distribution. He asked Mr. Moshier if he is aware of or has any information about the person or group responsible for distributing the flyer. Mr. Moshier assured the Council that neither Brenda Rogers nor Bill Moder had anything to do with the flyer. He said he has not seen the flyer and does not know its parentage. Councilmember Goulet asked if the proposed amendment to the Phoenix ordinance would apply only to new development that does not have existing rights. Mr. Moshier said only presently operating existing uses would be grand-fathered in. He stated a case similar to the subject development would not qualify as an existing use and would, therefore, not be exempted from the restriction. Mayor Scruggs asked Mr. Flaaen to comment. Mr. Flaaen said zoning generally goes with the land depending on whether or not it is vested at the time. He refused to speculate with regard to Phoenix's proposed amendment, stating it is not pertinent to the discussion. Mayor Scruggs asked what the city spent to raze the vacant buildings. Mr. Beasley responded $1.2 million. In response to Mayor Scruggs's question Mr. Moshier clarified that his clients do not oppose the development and, in fact, welcome it subject to the requested stipulations. Mayor Scruggs said Mr. Moshier claimed his clients are concerned because the intersections at 59th Avenue and Northern and 51st Avenue and Northern are already at capacity. . She asked Mr. Moshier why their clients would support the project if their proposed stipulations are imposed when they will have no impact on traffic at any time other than during the late night, early morning hours. Mr. Moshier said his clients are realistic, care about their community and know the site needs to be developed as a commercial retail use. He stated they realize there will be additional traffic congestion during the day, however, are more concerned that the use be quiet between 10:00 p.m. and 6:00 a.m.. 16 Councilmember Martinez asked Mr. Moshier if his clients would be satisfied with the city's ordinance concerning outdoor sales. Mr. Moshier said his clients would prefer an additional stipulation prohibiting used car sales. Mr. Flaaen clarified Glendale's zoning ordinance already prohibits car sales on the subject property. Mayor Scruggs asked Mr. Flaaen to explain why car sales are permitted at Glendale Community College on occasion. Mr. Flaaen explained Glendale Community College is owned and operated by a separate legal entity that is not subject to the city's zoning. In response to Councilmember Frate's question, Mr. Flaaen stated the stipulation prohibiting ongoing outdoor sales would be similar to the one imposed on the Home Depot development. He said the city's Code Compliance Officers would take action if outdoor sales were held on a continuous basis. The meeting recessed for a short break. Mayor Scruggs opened the public hearing on Items 5 and 6. Mr. Bob Bohart, a resident of the City of Glendale Ocotillo District, stated the 246 households in his neighborhood support the development, as he believes the majority of Glendale citizens do. He said he does not believe store hours or delivery hours should be restricted, noting the city does not place similar restrictions on other grocery stores. He noted the residential development projected for Hayward Avenue will have an eight foot wall creating an additional buffer. He pointed out people who purchase homes in that area will be aware of the development. He asked the Council to uphold the Planning and Zoning Commission's decision and not impose additional stipulations. He said he believes the United Food Workers Union is the primary force behind the opposition. Mr. Al DeLossa, a resident of the City of Glendale, said he opposed the Wal-Mart Supercenter proposed for 51st Avenue and Olive. He stated, at that time, he and others who opposed the development felt the Wal-Mart would be better suited for Manistee Town Center. He said he is disappointed to see some of the same people now opposing Wal-Mart as a tenant at Northern Crossings, expressing his opinion it is unethical. With regard to Mr. Moshier's proposed stipulations, Mr. DeLossa said agreeing to a stipulation prohibiting 24-hour operations would eradicate the deal, noting the same tactic was used to prevent Wal-Mart from coming in at 51st Avenue and Olive. He stated the two situations are very different, explaining Manistee has always been a commercial site, whereas 51St Avenue and Olive was agricultural. He voiced his support of Wal-Mart at Northern Crossings. He stated Wal-Mart and Lowe's will attract other businesses and will benefit both the neighborhood and the city as a whole. He referred to the flyer mentioned by Vice Mayor Eggleston, expressing his opinion the union produced and distributed the flyer. He pointed out the union has opposed and fought against Wal-Mart from the beginning. 17 Mr. Joe Appleby, a resident of the City of Glendale Ocotillo District, said they liked living in the area when Valley West Mall was in full swing and are now faced with an opportunity to have an even better mall. He expressed his opinion it would be unfair to restrict Wal-Mart and Lowe's hours of operation and delivery when other similar businesses are not similarly restricted. He stated the city will benefit from sales taxes and the majority of the citizens are anxiously awaiting completion of the development. Mr. David Chidester, a resident of the City of Glendale Barrel District, said he has lived in the area since 1972 and saw the original mall constructed and razed. He stated he has no problem with Wal-Mart and will deal with the increased traffic. Ms. Mena Chidester, a resident of the City of Glendale Barrel District, said prosperity has to come before her personal choice. With regard to overnight trailers, she pointed out as many as seven trailers have been parked on the vacant lot overnight. She said no one complained about the trailers being parked on the property overnight until Wal-Mart entered the picture. She pointed out Montgomery Ward had an oil and lube center, stating the community survived. She said Wal-Mart is very safety conscious, noting programs are in place to handle missing children situations, 24-hour camera surveillance is utilized and security guards patrol the premises. She stated Wal-Mart and Lowe's have to provide a safe and secure environment to protect their assets. She said we live in a 24-hour society, therefore 24-hour operations and nighttime deliveries are commonplace. She said the intersections surrounding the development will be no more congested than the majority of other intersections throughout the valley. Mr. Corwin Johnson, a resident of the City of Glendale, said he has lived in the community for over 19 years and chose to purchase a house in his neighborhood because it had a major mall and better schools. He expressed his opinion that the city has been presented with a planned opportunity to make the city a better place to live. He expressed concern that the United Food Workers Union 99 has become a major voice in how the city is run. He said the union's executive officers have declared war on Wal-Mart corporation and will do whatever necessary to convince people to oppose the development. He agreed with the applicant's position that 24-hour operations reduce crime. He expressed his opinion it would be far better to approve the applicant's request without imposing additional stipulations, stating any limitations imposed on Wal- Mart's hours of operation or deliveries should be imposed on all businesses within the city as well. He said he would support no overnight parking on the property, but believes the project should be approved as requested. Mr. William Nelson, a resident of the City of Glendale Ocotillo District, stated he is the 2002 Chairman for the Board of.Directors of the Glendale Chamber of Commerce, representing 850 businesses in the Glendale area. He voiced the Chamber's support of the Conditional Use Permit request for Northern Holdings LLC. He said they view the Northern Crossing project as a significant economic development initiative for Glendale for the following reasons: 1) Northern Crossing will not only create new jobs, but 18 redevelop a business area of the community that has suffered for a number of years while complimenting the surrounding neighborhood; 2) the anchor tenants proposed for Northern Crossing include the number one retailer in the world and one of the leading home improvement companies in the United States; and 3) it will generate millions of tax dollars for the City of Glendale. He stated the two anchor tenants will generate the traffic needed for other smaller tenants to be successful and experience has shown that such anchors are good neighbors, participating in and giving back to the communities they serve, working with municipalities in designing their buildings to be aesthetically pleasing and employing good business practices. He said the project will provide the revitalization Glendale residents have clamored for and bring an under utilized section of the business community back to life. He stated the Chamber also believes the Northern Crossing project will assist in driving more traffic to Glendale's center city business area, assisting in keeping downtown businesses thriving. On behalf of the Chamber, he urged the Council to vote in favor of the Conditional Use Permit requests by Northern Holdings LLC. He said they look forward to the development and the rejuvenation it will bring to the business area. Ms. Mary Renner, a resident of the City of Glendale Barrel District, said she has lived in Glendale all of her life. She stated she has no objection to Wal-Mart, but she does object to the proposed 24-hour operation. She expressed her opinion the store should close by at least 12:00 a.m. She stated she is confident the Council will intervene if any problems should arise. Mr. Robin Berryhill, a resident of the City of Glendale Ocotillo District, stated she supports Northern Crossing. She said she attended neighborhood meetings and Planning and Zoning Commission hearings speaking in support of both Conditional Use Permits. She expressed her opinion the area is long overdue for a quality shopping center, such as the one proposed by the Ellman Companies. She said the applicant has responded to citizen concerns with modifications to landscaping, additional retainer walls and buffers. She said the proposed stipulations appear to be a means of preventing Wal-Mart and Lowe's from being developed. She asked why these stores should be restricted from operating on a 24-hour basis when other stores do it. She pointed out the neighborhood is far from quiet now, with a fire station only a few blocks away, a train one mile to the south and an airplane flight pattern above. She suggested the city restrict all businesses in the city to operating hours of 7:00 a.m. to 10:00 p.m. if the proposed stipulations are imposed. She said shopping areas must keep pace with the fast growing population. She referred to the flyer mentioned by Vice Mayor Eggleston, stating she followed the return address to a mailbox at Mail Boxes and More. She noted the flyer said the proposed stipulations would protect their homes and families from noise, crime, trash and traffic, stating if that were true the stipulations should be adopted nationwide. She suggested Kroger is behind the opposition, stating they do not want competition from a successful company in a right-to-work state. She urged Council to approve the conditional use permits without imposing the additional stipulations. 19 Mr. Cameron Barryhill, a resident of the City of Glendale Ocotillo District, stated he wants the Wal-Mart to be built because it has a lot of stuff, you can get more for your money and it would be closer to his house. He asked Council to approve Wal-Mart's conditional use permit. Ms. Mickey Lund, a resident of the City of Glendale Barrel District, stated, while she appreciates the right of the people to appeal the issue, she would ask them to respect the right of other residents who disagree with the appeal. She said she disagrees with the appeal because the property has been zoned commercial since the early 1970's and deliveries in the past were brought in from 55th, 59th and Hayward Avenues without the benefit of any soundproofing walls, landscaping or side loading docks. She said the new tenants are willing to eliminate deliveries on 55th Avenue and post a sign prohibiting overnight parking. She stated existing rules already govern outdoor sales and the proposed storage will be behind a wall in the rear of the stores. She said the stores are entitled to the same options and advantages as their competitors, including being open 24-hours a day. She noted Fry's and Safeway at 51st Avenue and Olive have the ability to be open 24-hours a day and have operated under those hours in the past, pointing out both stores backed up to or sided on residential properties. She pointed to the success of the 99¢ Store on Glendale Avenue as proof of the need for a convenient shopping center to serve residents in the area. She stated how people often find it necessary to take their money to neighboring communities. She said as a homeowner and realtor she firmly believes the declining mall and now vacant land has negatively effected home values and put the area in a bad light. She stated the Council now has an opportunity to put the area on equal footing with the rest of Glendale. She said, although she respects her neighbors' right to appeal the Planning Commission's decision, she resents the outside forces that are involved for their own motives. She stated the voices of the majority need to be heard and the Council needs to uphold a decision that will bring life back to a dead zone. Mr. Richard Wheeler, a resident of the City of Glendale, stated he has lived in the area for 42 years and sees no reason to object to the development. He said his son, who lives in the Manistee Estates development, also supports the proposed development. He urged Council to approve the conditional use permits, stating the area needs nice restaurants, banks and other services it has lost over the years. Mr. Jim LaRue, a resident of the City of Glendale, stated his business deals with sound and, in his opinion, the noise generated from truck deliveries will not be as bad as the noise from the train one mile away or the sirens on the fire trucks as they go up and down 55th Avenue. He said he was disappointed to find out overnight RV parking would be prohibited, stating the presence of law-abiding, respectable people would further deter crime. He expressed concern about the traffic, asking the city to find solutions for accessing 59th Avenue going south and Northern Avenue going east. With regard to the flyer previously mentioned, he expressed his opinion the negative impacts 20 the flyer suggests are more likely to result from the five liquor licenses on Council's agenda tonight than they are from the Wal-Mart. Mr. Wesley Houck, a resident of the City of Glendale Barrel District, stated it is due time for the city to provide reputable businesses at 59th Avenue and Northern. He said the city needs the stores, noting Wal-Mart provides excellent service and maintains a clean, very secure environment. He suggested those who oppose the Wal-Mart and Lowe's provide the city with other tenants that would provide the city with the same revenues. Mr. Marcus Rogers, a resident of the City of Glendale Ocotillo District, said they moved into the neighborhood because it was quiet. He stated he and his wife do not object to the development or to Wal-Mart as a tenant. He said, however, they do object to the crime it will bring to the area. He expressed his opinion his neighborhood has been somewhat overlooked, explaining, while Wal-Mart does a very good job of keeping their grounds secure, they will not pay to keep the surrounding neighborhood secure. He stated the magnitude of the development will create unwanted traffic in the middle of the night when people are trying to sleep. He dismissed claims by the applicant that they would only have one or two deliveries made at night, stating their open ended comments imply more deliveries will occur. He asked the Council to impose restrictions on the operating and delivery hours, stating he is confident the applicants have the resources to work around such restrictions. He said they want to maintain the neighborhood's health and appearance and avoid the nighttime problems they foresee with the proposed 24-hour operations. He pointed out the property was not surrounded by residential developments when it was first zoned C-2 and questioned whether a 12 foot wall will be sufficient to shield the residents from the development. He reiterated that they support the Wal-Mart, but do not want 24-hour operations or deliveries allowed. Mr. Jack Janus, a resident of the City of Glendale Barrel District, stated neighborhoods around Wal-Mart stores are typically dirty. He said his attempts to speak with managers at different Wal-Mart stores have been unsuccessful. He asked Wal-Mart to be a good citizen for the community and to help keep it clean and healthy. He stated they do not want noise and traffic 24-hours a day. He noted he sent an email to the Council explaining his position. Ms. Nancy Houck, a resident of the City of Glendale Barrel District, stated she used to shop at Valley West Mall and misses it terribly. She stated Manistee was a big disappointment and something has to be done to revitalize the area. She noted, as owners of an RV, she and her husband have spent the night in many Wal-Mart parking lots and has never been bothered by delivery truck noise. She urged Council to proceed with Northern Crossings as proposed, stating she strongly supports ZU-02-12 and ZU-02-13. Mr. Fred Evans, a resident of the City of Glendale Ocotillo District, said he moved to the area believing it would be a fairly descent place to raise his children, but since 21 moving there he has seen urban decay take over the area. He said he objects to the proposed 24-hour operations, stating people will come in at all hours of the night, destroying the neighborhood. He said 24-hour operations will make him no longer feel safe in his house. Ms. Debra Kist, a resident of the City of Glendale Barrel District, stated she is the Treasurer of Glendale Citizens and Businesses for Responsible Development. She assured Council their organization had no knowledge of or connection to the flyer previously referenced. She stated 80 percent of the 90 people she contacted yesterday supported their stipulations. She acknowledged the property has been zoned C-2 for 37 years, stating, however, that at that time big-box, 24-hour stores with all night deliveries did not exist. She said most stores have tried 24-hour operations, but were unsuccessful. She stated there are no 24-hour Home Depots or Lowe's and the Wal- Mart at 59th Avenue and Bell closes at midnight. She disputed Wal-Mart and Lowe's claims of having listened to and worked with the citizens, stating Wal-Mart refused to limit its hours of operation and deliveries and Lowe's refused to switch locations with Wal-Mart. She expressed her opinion the two 24-hour Wal-Mart stores scheduled to open at 83`d Avenue and Bell and 91St Avenue and Camelback will adequately serve the city's needs. She asked to have the words "generally" and "occasionally" redefined, reworded or eliminated from the agreement and replaced with a stipulation prohibiting deliveries after 10:00 p.m. She noted the Fry's at 51st and Olive limits deliveries to 10:00 p.m. and Sun City prohibits all deliveries between 10:00 p.m. and 6:00 a.m. She dismissed concerns about deliveries made during the heat of the day, stating the trucks back up to the door, therefore, frozen items are never in the heat. She stated Kohl's and Home Depot are excellent examples of good neighbors, pointing out Council spent 45 minutes discussing the effects of lighting on the neighborhood when considering Kohl's application, expressing her opinion that, until tonight, the same concern has not been shown to the neighborhood surrounding Northern Crossings. She stated this project is not the only key to balancing Glendale's budget and the safety and preservation of the neighborhoods is important. She said they are not asking the city to shut down the development, but to act responsibly. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he supports Wal-Mart, but is deeply disappointed in the unsubstantiated attacks being made on the Union. He stated the city no longer needs to beg big developers to come to the city or to grovel for multi-billion dollar corporations. He said it is wrong to attack the union and accuse them of distributing the flyer without giving them an opportunity to defend themselves. Mr. Clark said people outside the city will come to the Wal-Mart at Northern Crossing, driving on our streets and increasing crime in the city. He stated a 24-hour Wal-Mart is not needed. Mayor Scruggs offered to allow any union member interested in addressing the Council an opportunity to speak and asked them to fill out a speaker's card. 22 Mr. Bill Moder, a resident of the City of Glendale, stated he has lived in the area for 30 years. He said he is not opposed to Wal-Mart or Lowe's, but does object to the proposed 24-hour operations. He expressed his opinion the airbrakes on the trucks will wake residents and the increased traffic will be miserable. He asked Council to restrict Wal-Mart's hours to provide him with some relief, asking if they would want a similar store across the street from their homes. Due to the late hour, Mayor Scruggs limited the remaining speakers to two minutes each. Ms. Kimberly Brener, a resident of the City of Glendale Ocotillo District, stated she supports economic development and likes that the property is being developed. She said, however, she opposes the request for 24-hour operations. She took offense to some of the people's comments, stating she is acting on her own behalf and is not affiliated with anyone. She expressed her appreciation for Councilmember Clark's attempts to protect residents in the area. She asked Council to take the necessary steps to address the concerns of immediate neighbors and to avoid the potential problems Mr. Moshier listed. Mr. Rick Tannehill, a resident of the City of Glendale Barrel District, stated he supports the redevelopment, but also supports the neighbors' request for additional stipulations. He said the vague wording used in terms of late night deliveries is unacceptable and should be replaced with a firm stipulation. He stressed the importance of prohibiting outdoor front storage containers, tent sales and garden shop sales. He said seasonal outdoor sales of Christmas trees and so forth should only be allowed by special permit. He asked Council to hold the applicants responsible and ensure they will be good neighbors. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, stated the flyer implying Wal-Mart will cause domestic abuse, child abuse and drug abuse is absurd. She stated she is a 24-hour midnight shopper, explaining she goes out after the kids have been put to bed and her husband is home. She said the railroad track and police station near her house result in a lot of noise, but she knew that when she purchased her house and has learned to live with it. She questioned whether stipulations should be placed on emergency vehicles using their sirens after 10:00 p.m., stating they make more noise than any delivery truck. She asked the Council to provide shopping opportunities in the area and to refrain from placing so many restrictions on the applicant that they no longer find it beneficial to proceed. Mr. Mike Fitz, a resident of the City of Peoria, Executive Director, Los Vecinos Housing Development, stated they have worked in central Glendale for nine years and urged the Council to approve the Conditional Use Permits without further stipulation. He explained a community has to offer opportunities and access to shopping to thrive, stating Northern Crossing has the potential to meet that need. 23 Mr. Tom Cramer, a resident of the City of Glendale Cholla District, thanked the city for their foresight two years ago to look at what it could do to save the Manistee Town Center area. He stated the $14 million the city spent to purchase the land bought a future for the inner-city. He said the residents should be grateful the city was able to secure Wal-Mart and Lowe's as tenants. He urged residents who live around the property not to fear the future, but to embrace the increase in property values and quality of life that the development will bring. Mr. Dennis Pangowski, a resident of the City of Glendale Barrel District, took issue with the tire and lube facility and the storage of cardboard boxes and wooden pallets, suggesting they create a fire hazard. He suggested all delivery trucks access the property off Hayward rather than through the main entrances. Ms. Susan Hemphill, a resident of the City of Phoenix, stated she has been a member of the union for 36 years and is upset with the "guilty until proven innocent" atmosphere. She stated she and her fellow union members are good citizens who enjoy their wages, benefits and pensions. She stated she does not agree with the flyer and does not know who is responsible for its distribution. She stated she does not and will not shop at Wal-Mart, noting they are openly anti-union. Mayor Scruggs reported a number of speaker cards were submitted for the record, including two in opposition to the items and 19 in support. Mayor Scruggs closed the public hearing. Mr. Gilbert, discussing the loading docks, clarified the wall will, in fact, be 10 feet high, with the loading dock buried approximately 4 feet at the lowest point. He proposed adding the following language with regard to nighttime deliveries in an attempt to alleviate citizen concerns: "After 10:00 p.m., deliveries will be limited to perishable items only, consistent with practices common to the grocery industry." Councilmember Frate asked how the applicant would ensure grocery carts are not removed from their property. Mr. McGavin stated they plan to equip the location with a Smart Cart system which equips every cart with a locking device. He explained the wheels on the carts lock when they hit a trigger mechanism at the perimeter of the parking lot. He pointed out it is in Wal-Mart's interest to keep the carts on the premises, stating replacements can be very costly. Councilmember Martinez proposed the following alternative language: "There will be at least one delivery of perishables at night, on the weekends there may be two and there could be occasions when there could be more, but this would be the exception." Mr. Garcia said they would be reluctant to identify a particular number of deliveries. Councilmember Clark stated she and Councilmember Martinez visited with the applicant during the break and she feels the applicant's proposed language is still too vague. She encouraged the applicant to identify a finite number of nighttime deliveries. 24 She commended the applicant on their attempt at new language, stating, however, it does not do what she believes it needs to do. Councilmember Lieberman referred to a list of operating hours for other stores in the surrounding area, asking if the city would retroactively restrict their business hours as well. He questioned why they would impose restrictions on Wal-Mart that have not been imposed on any other companies. He supported the applicant's offer to restrict nighttime deliveries to perishable items. Mr. Paiadini explained Council has three options to proceed, approve the use permits as approved by the Planning Commission, deny the use permits or approve the use permits with modified stipulations. He stated Council can consider all of the information presented to it by staff, the applicant and the appellants, as well as the historic use of the property and the credibility or interests of competing or conflicting arguments and facts. He reiterated that the appellant does not oppose the use permit, stating, therefore, the only question before Council is whether approval should include a modified list of stipulations. He reminded the Council that they are able to impose additional conditions on the particulars of big-box development, so long as the conditions are tied or connected to the fact that the stores are larger than 75,000 square feet. He said the appellant has made two basic requests, that the hours of operation be limited and that deliveries be restricted to daytime hours. He stated the Council is required to ask whether the size of the building alone creates a significantly greater impact from overnight use or overnight deliveries than would be created by a store that is smaller than 75,000 square feet. Councilmember Lieberman said he has stayed at more than 60 Wal-Mart's over the past five years. He pointed out RV's today cost more than an average home sold in Glendale. He said, with only one exception, all of the Wal-Mart's he visited have been clean and he has never read or heard of an RV or motor home being broken into. He expressed his opinion the Wal-Mart will be a great addition to the neighborhood, bringing value to the area once again. Councilmember Goulet thanked those who worked to bring the development to fruition and the citizens who took time to address the Council on the issues. He stated the center has come up at every district meeting over the past four years and it is a proven fact that the area is underserved. He noted receiving anonymous hate messages about the horrible thing the city is doing in attempting to develop the property. He said he has asked various city departments, including the Police Department, the Economic Development Department and the Planning Department, for data that proves the problems purported by the opposition will occur. He said nothing has ever been demonstrated that supports the claims. He stated the area needs this kind of development because the people who live in the area need to have choices. He expressed his opinion the use will be bigger, better and bolder than the city ever envisioned for the central part of the city. He reported the city has received hundreds of communications in support of the development. 25 Councilmember Clark thanked the citizens who attended and contributed to the meeting. She stated the Council committed to the redevelopment of the dying mall several years ago and she was hopeful when the Ellman Companies agreed to include it in their deal to develop the Coyote's Arena. She said she would not deliberately move in next to a Wal-Mart or Lowe's because in her opinion big-box superstores preclude the ability to have a descent quality of life. She expressed concern for the surrounding neighborhoods, stating, however, she will reluctantly vote in favor of the Conditional Use Permits. She explained she originally intended to recommend additional stipulations, with the exception of a restriction on 24-hour operations. She said she has since been reassured about the outdoor storage and outdoor sales issues. She stated she is still concerned about the delivery hours, suggesting Wal-Mart could concede to the residents' request for no deliveries after 10:00 p.m. Vice Mayor Eggleston voiced his opinion the Planning Commission made excellent recommendations. He said he supports the language proposed by the Applicant concerning overnight deliveries. With regard to comments made by Susan Hemphill, Vice Mayor Eggleston reported Ms. Foley with Local 99 informed him they were sending out a flyer of that type. He expressed disappointment that those responsible for its distribution failed to come forward and take responsibility. Councilmember Frate stated the Council made a commitment to turn a non- performing eyesore into an asset for the community. He said he is not insensitive to citizen concerns, noting he attended all of the neighborhood meetings pertaining to the development. He pointed out he is a proud retiree of the Teamster's Union. Also, he took an oath to faithfully and impartially perform his council duties. He expressed his opinion closing for six hours would neither make or break the largest retailer in the United States, however, nothing gets done to everyone's satisfaction. He stated, considering the assurances they were given tonight, he will support the Planning Commission's recommendation. Councilmember Martinez stated he has supported the project from the beginning and believes it is greatly needed. He explained Council took action to purchase the property in an attempt to protect the neighborhoods and no one else was willing to step forward and develop the property. He noted the city's agreement with the Coyote's was made with the proviso that they develop the Manistee Town Center property as well. He said both sides have made very good arguments, but the Planning Commission found the required findings were met and the stipulations they recommended were well thought out. He stated, therefore, he will support the conditional use permits. He also thanked everyone for taking the time to come to the meeting and present their comments Mayor Scruggs said a number of members on the Council have taken a lot of verbal abuse and, at times, feared physical abuse because of the proposed development. She noted she was involved in five opportunities where the city tried to secure the development of Manistee Town Center, none of which succeeded. She said, however, they learned a lot during those negotiations about the process a 26 developer goes through when considering the purchase of a property. She said, unfortunately the area did not match up with what most of the merchants and retailers were looking for. She stated, as time went on, the property owner became more difficult to deal with and developers were unwilling to enter into an agreement unless the city owned the land. She explained Mr. Beasley was able to establish a relationship with the property owner and an opportunity presented itself for the city to purchase the property. Mayor Scruggs referred to the flyer, stating they were aware that it was distributed by the United Food and Commercial Workers Union. She rebutted the opposition's claims that big-box stores result in increased crime stating, in fact, the former Manistee Town Center had 134 calls to the Police Department for incidences on the premises between the Spring of 1999 and the Spring of 2001 even though none of their stores exceeded 75,000 square feet. She said from October 2000 to May 2001 alone, 81 calls were made including assault, burglary, stolen vehicles, criminal damage, drugs, liquor law violations, theft, DUI and possession of weapons. She said during that time at least one, if not two of the city's police force had to be on the premises at all times, pointing out Wal-Mart will now provide the security patrol. She said the claims regarding the ill- effects of 24-hour operations have also not been proven. She stated, therefore, she believes the proposed uses to be appropriate for the site and that they meet the required findings for Conditional Use Permit approval. It was moved by Goulet and seconded by Lieberman, to deny the appeal of Conditional Use Permit ZU-02-12 and move to affirm the recommendation of the Planning Commission, subject to the four original stipulations and the additional stipulation offered by Mr. Gilbert which reads: "In addition to what is agreed to in the narrative, after 10:00 p.m. deliveries will be limited to perishable items only consistent with practices common to the grocery industry." The motion carried unanimously. It was moved by Goulet and seconded by Lieberman, to deny the appeal of Conditional Use Permit ZU-02-13 and move to affirm the recommendation of the Planning Commission, subject to the five original stipulations. Councilmember Clark reiterated that deliveries will primarily occur between the hours of 6:00 a.m. and 10:00 p.m., however an occasional nighttime trailer drop off will occur. It was moved by Clark and seconded by Frate, to amend the motion to deny the appeal of Conditional Use Permit ZU-02-13, adding a sixth stipulation restricting deliveries to the hours of 6:00 a.m. to 10:00 p.m. Councilmember Clark pointed out the Home Depot at 59th Avenue and Peoria are restricted to receiving deliveries only between the hours of 5:30 a.m. and 10:30 p.m. and K-Mart and Kohl's deliveries are restricted to the hours of 6:00 a.m. and 10:00 p.m. 27 Upon a call for the question, the motion to amend the motion to deny the appeal of Conditional Use Permit ZU-02-13 carried unanimously. 7. REZONING APPLICATION Z-02-18: 8702 WEST GLENDALE AVENUE This is a request by Coe and Van Loo Consultants Inc. to amend the existing R1-7 PRD (Single Residence, Planned Residential), R1-8 PRD, R1-10 PRD, and SR-12 PRD zoning for Rovey Farm Estates to revise the front yard setback. The project consists of 294.1 acres located between Northern Avenue and Glendale Avenue and 83`d Avenue and 89`h Avenue. The zoning was approved on May 14, 2002, subject to 13 stipulations. Stipulation number 12 reads "All lots shall have a minimum setback of 20 feet from back of sidewalk to garage." At the time the development plan was approved the developer assumed all garages would be front-loaded. Since then the homebuilders have decided to provide a side entry garage option and need a 15-foot front setback to accommodate them. The amendment to the front yard setback for side entry garages will have no impact on the individual lots since the existing development plan provides for a 15-foot front yard setback to the living area in the R1-7 PRD, R1-8 PRD, and R1-10 PRD zoning districts and 20-feet in the SR-12 PRD zoning districts. The amendment will not reduce the front yard setback but will allow a shift in the location of the living area to allow for a side entry garage to be placed where the living area would otherwise be located. This will create movement and variety along the street frontage without compromising the rear yard depth. On November 7, 2002 the Planning Commission recommended approval of Z-02- 18. The recommendation was to conduct a public hearing and approve rezoning application Z-02-18. Mayor Scruggs opened the public hearing on Agenda Item No. 7. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Frate, to approve Rezoning Application Z-02-18. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 8. LIQUOR LICENSE NO. 3-850 HOOPER'S PUB This is a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Hooper's Pub located at 5114 W. Northern Avenue. The previous owner 28 operated this establishment as Mugs Up and held a series 6 (on- & off-sale retail, all liquor) license at this location. 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. 9. LIQUOR LICENSE NO. 3-851 DON MARCO MEXICAN FOOD This is a request for a new series 12 (restaurant) license for Don Marco Mexican Food located at 10222 N. 43mtl Avenue, Suite 3. 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. 10. LIQUOR LICENSE NO. 3-852 SHISH KEBAB HOUSE This is a request for a new series 12 (restaurant) license for Shish Kebab House located at 5023 W. Olive Avenue. The previous owner operated this business as Shish Kebab House and held a series 7 (on- & off-sale retail, beer & wine) license at this location. There will be no increase of active licenses in the area. The inactive series 7 will be transferred at a later date. 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. 29 11. LIQUOR LICENSE NO. 3-853 EL TECOLOTE BAR This is a request for a person and location transfer of a series 7 (on-.& off-sale retail, beer & wine) license for El Tecolote Bar located at 6162 NW Grand Avenue. The previous owner operated this business as Nite Owl and held a series 7 (on- & off-sale retail, beer wine) license at this location. There will be no increase of active licenses in the area. The inactive series 7 held by the Nite Owl will be transferred at a later date. 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. 12. LIQUOR LICENSE NO. 3-855 SONG HAU This is a request for a new series 12 (restaurant) license for Song Hau located at 5850 N. 43rd Avenue, Suite 107. The previous owner operated this establishment as Vietnam Restaurant 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 Numbers 8 through 12. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward liquor license applications (1) No. 3-850 for Hooper's Pub, (2) No. 3-851 for Don Marco Mexican Food, (3) No. 3-852 for Shish Kebab House, (4) No. 3-853 for El Tecolote Bar, and (5) No. 3-855 for Song Hau to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 30 PUBLIC HEARING — ORDINANCE 13. SALE AND CONVEYANCE OF PROPERTY TO B & B HOLDINGS, INC. FOR THE MULTI-PURPOSE FACILITY Mr. Rick Flaaen, City Attorney, presented this item. This is a request for Council to authorize the City Manager to execute a Purchase Agreement and Escrow Instructions to transfer title to the unimproved property described in Exhibit "A" of said purchase agreement to B & B Holdings, inc. (d.b.a. Arizona Cardinals) for the Multi- Purpose Facility ("Stadium"). On August 30, 2002, the City entered into a Development Agreement with the Cardinals. Under the Agreement, the City committed to creating a Community Facilities District to own, construct and maintain the parking lot for the Stadium. The Agreement also contemplated, among other things, a three-part deal in connection with acquisition of Stadium site property from the Rovey Family: • First, with consent from the Rovey Family, the City would use its condemnation authority to acquire the Rovey property. Pursuant to the Agreement, the Cardinals have agreed to reimburse the City for all of the costs of acquisition of the Rovey property. • Second, upon completion of the condemnation action, the City will convey the Rovey property to the Cardinals. • Third, the Cardinals will in turn convey part of the property (approximately 26 acres) to the Tourism and Sports Authority for the Stadium site and the remainder to the Community Facilities District for parking for the Stadium. The ordinance and agreement in front of the Council deals with the second leg of the transaction (the sale and conveyance of the Rovey property from the City to the Cardinals upon completion of the condemnation). Because the Cardinals are reimbursing the City for all costs of acquisition (including all legal, court and other transactional costs), there are no costs to the City resulting from this transaction. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute the documentation necessary to complete the sale and conveyance of the subject property to B & B Holdings, Inc. (d.b.a. Arizona Cardinals). Ordinance No. 2288 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE SALE 31 AND CONVEYANCE TO B & B HOLDINGS, INC. (DBA ARIZONA CARDINALS) OF THE UNIMPROVED PROPERTY DESCRIBED IN THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR THE MULTI-PURPOSE FACILITY; AND DECLARING AN EMERGENCY. Mr. Flaaen confirmed for Councilmember Clark that the city will be fully reimbursed the purchase price as well as all costs and expenses incurred by the city in acquiring the property. He emphasized there will be no cost to the city. Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2288 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. ORDINANCES 14. INTERIM FINANCING FOR UPCOMING BOND SALES Mr. Art Lynch, Chief Financial Officer, presented this item. This is a request for City Council to adopt two ordinances resulting in acceptance of Bank of America's proposal to provide up to $120 million of interim financing. Projects to be funded at this time include $65 million of anticipated arena financing along with $55 million of budgeted capital improvement program (CIP) projects throughout the City. Bonds are anticipated to be sold by May 1, 2003 to provide long-term, permanent financing of these projects. The arena financing is the next step in implementing the City's $180 million commitment. Previously the City issued $27 million of general obligation bonds to pay primarily for infrastructure and land at the arena site. The $60 million pays for arena construction in accordance with the City's Arena Development Agreement. Budgeted CIP projects that are funded by this financing proposal include the new Field Operations Complex (30-8563), the Adult Center Relocation (36-8057), Multi- Generational Center North (36-8945), Bethany Home Outfall (65-8012), Public Safety Digital Communication System (60-9408), Sound Walls (61-9627), and Fire 800 MHz Radio System (60-9412). The CIP will be reviewed by Council in February and staff recognizes there could be changes or deferrals to the budgeted list of projects. However, locking in a financing mechanism for the current projects, whether they proceed now or are deferred to a later date, is prudent fiscal policy. Based on current market conditions, it is advantageous and desirable for the City to proceed to finance these projects at this time and to lock in immediately the financing 32 terms offered by the Bank. The emergency clause allows the City to immediately lock in those financing terms and avoid the risk of market changes prior to closing the transactions. The funding mechanism's structure is similar to the flexibility of a line of credit. The financing arrangement allows the City to draw down funds as they are needed to pay expenditures. Therefore, it is proposed that the City enter into a financing arrangement with Bank of America, N.A. pursuant to which the Bank will purchase Series 2002C bonds of the City of Glendale Municipal Property Corporation, secured by certain City excise taxes, to fund the arena related costs and the Bank will purchase Series 2002D Bonds of said Corporation, secured by certain City excise taxes, to fund other City capital projects. The Series 2002C ordinance also permits the City to enter into additional preliminary agreements with the Arizona Municipal Financing Program (AMFP) to expedite long-term, permanent financing of these projects. The recommendation was to waive reading beyond the title and adopt two ordinances: an ordinance with respect to the Series 2002C Bonds and related documentation and an ordinance with respect to the Series 2002D Bonds and related documentation and accepting the proposal of Bank of America, N.A. for an interim financing structure pending the proposed sale of long term excise tax and/or general obligation bonds by or on behalf of the City. Ordinance No. 2289 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, (1) AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENT TO THE SERIES 1999 LEASE AGREEMENT WITH THE CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION RELATING TO THE FINANCING OF A MULTIPURPOSE ARENA COMPLEX; (2) PLEDGING CERTAIN EXCISE TAXES AND RECEIPTS IMPOSED OR RECEIVED BY THE CITY; (3) APPROVING THE FORM OF AND REQUESTING THE EXECUTION AND DELIVERY BY CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION OF A SERIES 2002 SECOND SUPPLEMENTAL TRUST INDENTURE AND SERIES 2002C BONDS, SUCH SECOND SUPPLEMENT TO LEASE AGREEMENT AND A PURCHASE AGREEMENT WITH RESPECT TO SUCH SERIES 2002C BONDS WITH BANK OF AMERICA, N.A.; (4) DELEGATING TO THE CHIEF FINANCIAL OFFICER OF THE CITY THE AUTHORITY TO DESIGNATE THE AMOUNT ,OF ADVANCES OF PRINCIPAL AND THE FINAL PRINCIPAL AMOUNT, MATURITIES, INTEREST RATES AND OTHER MATTERS WITH RESPECT TO SUCH SERIES 2002C BONDS; (5) AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; (6) DELEGATING TO THE CHIEF FINANCIAL OFFICER AUTHORITY TO APPROVE A LOAN AGREEMENT WITH THE ARIZONA MUNICIPAL FINANCING PROGRAM; AND (7) DECLARING AN EMERGENCY Ordinance No. 2290 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, (1) AUTHORIZING THE EXECUTION AND DELIVERY OF A 33 THIRD SUPPLEMENT TO THE SERIES 1999 LEASE AGREEMENT WITH THE CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION RELATING TO THE FINANCING OF CERTAIN PUBLIC INFRASTRUCTURE; (2) PLEDGING CERTAIN EXCISE TAXES, AND RECEIPTS AND REVENUES IMPOSED OR RECEIVED BY THE CITY; (3) APPROVING THE FORM OF AND REQUESTING THE EXECUTION AND DELIVERY BY CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION OF A SERIES 2002 THIRD SUPPLEMENTAL TRUST INDENTURE AND SERIES 2002D BONDS, SUCH THIRD SUPPLEMENT TO LEASE AGREEMENT AND A PURCHASE AGREEMENT WITH RESPECT TO SUCH SERIES 2002D BONDS WITH BANK OF AMERICA, N.A.; (4) DELEGATING TO THE CHIEF FINANCIAL OFFICER OF THE CITY THE AUTHORITY TO DESIGNATE THE AMOUNT OF ADVANCES OF PRINCIPAL AND THE FINAL PRINCIPAL AMOUNT, MATURITIES, INTEREST RATES AND OTHER MATTERS WITH RESPECT TO SUCH SERIES 2002D BONDS; (5) AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; AND (6) DECLARING AN EMERGENCY It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2289 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. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2290 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. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to vacate the December 24, 2002 Council meeting and to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, January 7, 2003, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS No comments were made. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark noted the Council will not meet again until the new year. She wished everyone a Merry Christmas. Councilmember Goulet stated he is grateful for the action taken with regard to Northern Crossing. 34 Councilmember Lieberman wished everyone a safe and enjoyable Christmas and New Year. Vice Mayor Eggleston said he attended last Saturday's dedication of the Veteran's Memorial and found it to be a very touching ceremony. He wished everyone a Merry Christmas as well. Councilmember Martinez wished everyone a happy holiday season. Councilmember Frate stated he, 13 firefighters, three children and two dogs stood in front of K-mart at 67th Avenue and Bell passing out leaflets about a clothing and toy drive. He noted they had two pickup loads of brand new toys and clothing within three hours. He said they will do the same thing each of the next two Saturdays. He said those not able to get to K-Mart can drop donations off at the fire stations. Mayor Scruggs announced Randy Henderlite will be officially named as Police Chief tomorrow. She wished everyone happy holidays. ADJOURNMENT There being no further business, the meeting was adjourned at 12:30 a.m. 0041: - - Pamela .liveira - City Clerk 35