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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/10/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 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 eleven resolutions and six ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JULY 3Q 2002 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the July 30, 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 2002 RUTH BYRNE HISTORIC PRESERVATION AWARD The Ruth Byrne Historic Preservation Award was established in 1996 to recognize outstanding contributions, by individuals or organizations, to historic preservation in the City. Past recipients have included Richard Coffinger, Mayor Elaine Scruggs, Martha Campbell, Sue Branch, the Glendale Historical Society, Dr. and Mrs. Charles St. Clair, Sandy Kralovitz, and Larry Rovey. The Historic Preservation Commission has selected Ruth Byrne to be the recipient of the City's prestigious Ruth Byrne Historic Preservation Award for 2002. Ms. Byrne is the namesake and founder of the Ruth Byrne Historic Preservation Award and has been actively involved in a variety of preservation activities in the City of Glendale since 1982. Through her volunteer work with the Glendale Arizona Historical Society, Glendale Historic Preservation Commission, and the Sahuaro Ranch Foundation, Ms. Byrne has been an invaluable asset to Glendale's historic preservation efforts. Ms. Byrne values and promotes all aspects of historic preservation, but she has been especially concerned with preserving the buildings and memories of Sahuaro Ranch and Manistee Ranch. 1 Major accomplishments by Ms. Byrne include: • the development of the public tours program at Sahuaro Ranch in 1985; • the preparation and exhibition of "traveling kiosks" depicting the many faces of Glendale past and present during the City's 100th anniversary celebration in 1991 and 1992; • participation in the acquisition of Manistee Ranch in 1995-1996 while serving one of her terms as President of the Glendale Arizona Historical Society; and • promotion and fundraising for the Glendale Newspaper Microfilming Project, which resulted in filming of over 90,000 pages of Glendale newspapers from 1912 to present. The Historic Preservation Commission solicits nominations for the award annually. A subcommittee is formed to evaluate the nominations and make a recommendation to the Commission on the current year's award recipient(s). This award presentation was rescheduled to the September 24, 2002 City Council meeting. PROCLAMATION TO DECLARE SEPTEMBER 15TH - OCTOBER 15TH 2002 AS HISPANIC HERITAGE MONTH Since 1989 by Presidential proclamation, September 15th to October 15th is recognized as National Hispanic Heritage Month. It is recognized that the Hispanic community was of prime importance in Glendale's early development and cultural diversity, from the first Hispanics who came in the early 1880's to labor in the construction of the Arizona Canal, and whose descendants continue to contribute to our community's quality of life. Members of the Hispanic community are united by the proud heritage they share and the important contributions they have made in the United States. Mayor Scruggs presented Hispanic Heritage Month proclamations to Ms. Angelica Mollinedo from the Heart of Glendale Neighborhood and Mr. Carlos Meza, Recreation Programmer, Glendale Community Center. Mr. Meza thanked the Mayor and Council. He commented on the importance of recognizing the Hispanic community's contribution. He stated that his goal was to become the next Councilmember for the Ocotillo District. Ms. Mollinedo stated that she hoped to be a role model for young children, encouraging them to stay away from drugs and out of gangs. She thanked the Mayor and Council and the Glendale Community Center. 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 Numbers 4 through 12A by number and title. 1. RISK MANAGEMENT TRUST FUND CONTINGENCY TRANSFER This was a request to transfer $500,000 from the Risk Management Trust Fund Contingency account to the Risk Management Trust Fund operating account. The Risk Management Program continues to perform very well in meeting its objectives and protecting the City's assets. Changes have been made in the commercial insurance programs for property and equipment as a result of increased values. Organizational growth, rising values of existing assets, and the acquisition of new assets will always be key factors when considering the mix and levels needed in both the self-insured liability area and the commercially-insured property area. The City requires a $50 million liability umbrella. Worldwide capacity for coverage has dropped significantly and efforts to maintain this level of protection has proven difficult and economically challenging. The premium level for a $50 million liability umbrella program costs $225,765 for Fiscal Year 2001-02. The coverage was provided by two different carriers, each offering $25 million programs. This year the lead carrier could not provide the same coverage and only by utilizing four separate carriers could the City build the $50 million umbrella. As a result, the current cost for the renewal program is now at $1 million. While this represents a 300% increase over last year, it is still well below the average cost for coverage for a city the size of Glendale. The City remains the only governmental entity in the State of Arizona that maintained the integrity of its liability program for Fiscal Year 2002-03. The recommendation was to authorize the transfer of $500,000 from Risk Management Trust Fund Contingency Account Number 76-2458-7000 to Risk Management Trust Fund Account Number 76-1435-7312. 2. FINAL PLAT APPLICATION FP-02-03: 6808 NORTH 63RD AVENUE This was a request by Los Vecinos Housing Development, Inc. for final plat approval of the subdivision titled Los Vecinos Unit 1. The site is an infill property located at the northwest corner of 63rd Avenue and Lamar Road. The subdivision includes four single-family lots on 32,600 square feet, at a density of 5.34 dwelling units per gross acre. Lots range in size from 7,098 square feet to 9,780 square feet, with an average lot size of 8,122 square feet. The proposed minimum lot width is 60 feet and the proposed minimum lot depth is 103 feet. 3 The final plat is consistent with the General Plan, R1-6 (Single Residence) zoning, and the preliminary plat. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application FP-02-03. 3. AWARD OF CONSTRUCTION CONTRACT — UNION HILLS DRIVE BRIDGE AT NEW RIVER This was a request to award a construction contract to Hunter Contracting, Inc., for construction of the Union Hills Drive Bridge widening at New River. The existing Union Hills Drive Bridge has four travel lanes and a continuous turn lane that conveys considerable traffic from the areas in the northwest part of the Valley to the Arrowhead Towne Center and the Loop 101. During times of high traffic volumes, traffic backs up, creating delays. This project will provide an additional east bound travel lane which will help to alleviate this situation. Three bids were received and opened at 10:00 a.m. on August 23, 2002. Hunter Contracting, Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $431,518.79. Engineering staff reviewed the bids and recommended award of the contract to Hunter Contracting, Inc., a responsive and responsible bidder. Funds are available to construct this project in the 2002-03 Capital Improvement Budget in 83rd Avenue & Union Hills /Bridge Improvements, Account Number 14-8040- 8300. The recommendation was to approve the contract award to Hunter Contracting, Inc. in the amount of $431,518.79. CONSENT RESOLUTIONS 4. REFINANCE EXISTING LEASE AGREEMENT In June of 2000, the City entered into a lease agreement with LaSalle Bank National Association (LaSalle Bank)to finance various equipment. The agreement with LaSalle Bank contains language that allows the City to refinance the lease in the future. Because of the low interest rate environment, LaSalle Bank was given the opportunity to lower the interest rate on the lease, or have the lease refinanced with another bank. Because of LaSalle Bank's desire to keep the Glendale lease in its portfolio, it responded with a favorable proposal that will save the City approximately $1 million on a present value basis. It is expected that this transaction will be effect on September 30, 2002. 4 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the execution of an amended schedule of payments to an existing lease- purchase agreement between LaSalle Bank National Association and the City of Glendale. Resolution No. 3605 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 PROVIDING FOR THE EXECUTION AND DELIVERY OF AN AMENDED SCHEDULE OF PAYMENTS TO AN EQUIPMENT AND REAL PROPERTY LEASE/PURCHASE AGREEMENT BETWEEN LASALLE BANK NATIONAL ASSOCIATION AND THE CITY; AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE AMENDED SCHEDULE. 5. LIGHT RAIL TRANSIT GOVERNANCE This was a request for the City of Glendale to enter into a Joint Powers Agreement with the cities of Phoenix, Tempe, and Mesa as a member of a non-profit corporation known as Valley Metro Rail, Inc., to construct and operate a light rail transit system and to appoint a representative and alternates to the Valley Metro Rail Board. The cities of Phoenix, Tempe, Mesa, and Glendale are moving forward to complete light rail transit (LRT) projects. The first element of a regional LRT system is a starter corridor that extends 20.3 miles from Spectrum Mall (formerly known as Christown Mall) through downtown Phoenix, Tempe, and into Mesa. The targeted completion date for this starter corridor is 2006. The City of Phoenix made a commitment to its voters to extend the LRT system to Metrocenter by 2010. In 2001, City of Glendale voter approval of a half-cent sales tax for transportation included an extension of the LRT system to downtown Glendale. Valley Metro (formerly the Regional Public Transportation Authority) has been managing preliminary engineering efforts to develop the starter corridor, including track alignment and engineering design concept. However, the Federal Transit Agency requires a firm commitment on the organization that is going to own and operate the starter LRT system before providing funds for final design. Preliminary engineering is typically 30% of final design and is nearly complete for the starter corridor. Therefore, a decision is needed now on rail governance or the project could be delayed. Management and technical staff from cities with an interest in light rail transit have been meeting over the last 18 months to discuss light rail transit governance options. The recommended governance option is a public nonprofit corporation to be known as Valley Metro Rail, Inc. The cities of Phoenix, Tempe, and Mesa have already taken action to join Valley Metro Rail and the City of Glendale is the remaining city to consider joining at this time. Representatives of the cities of Scottsdale and Chandler were part of the discussion but have deferred due to the lack of a dedicated funding source for LRT in their communities. 5 Since the starter corridor is not located within the City of Glendale, from a Federal perspective, it is not necessary for the City of Glendale to join Valley Metro Rail at this time. However, as a participant in the Joint Powers Agreement, the City will have direct input into the initial decision-making process for the design, construction, and operation of the Light Rail Transit Project for the benefit of the City of Glendale. Key components of the proposed bylaws for Valley Metro Rail include: • All votes will be weighted votes. Weighting factors include annual budget contribution to the program, miles of committed track, and planned miles of LRT. No member will have more than 50% of the vote and no member would have less than 2%. Initial estimates of the weighted vote proportions are 50% for the City of Phoenix, 37% for the City of Tempe, 9% for the City of Mesa, and 4% for the City of Glendale. These shares would be adjusted each year to reflect the latest information on budget and mileage. • Members agree to acquire real property within their boundaries as needed for the light rail systems, including the use of eminent domain as necessary. The cities will need to acquire right-of-way for this project since Valley Metro Rail will not have the power of eminent domain. • Cost of extensions to the starter corridor will include reimbursement for regional facilities such as LRT vehicles and maintenance facilities. The contribution of each member agency shall be a minimum of $50,000 each year as specified in the Bylaws. The City of Glendale has sales tax funds programmed in each year in the 2003-2012 Glendale Capital Improvement Program to complete the design and construction of LRT within the corridor from 19th Avenue to downtown Glendale. • It is anticipated that Valley Metro Rail will enter into an agreement with Valley Metro to employ a portion of the staff needed to implement the program. • Each member of Valley Metro Rail, Inc., shall appoint a representative to act on behalf of such member as to all matters concerning the Corporation and each member shall appoint between one and three alternate representatives, who may act when the representative is not available. Each member's representative shall be a director and the Board of Directors shall consist of the representatives of all the members. Representatives and alternate representatives shall serve for two years, commencing with the first day of the fiscal year for which they were appointed. The recommendation was to waive reading beyond the title and approve a resolution authorizing the entering into of a joint powers agreement with the cities of Phoenix, Tempe, and Mesa for the construction and operation of a light rail transit system for the Valley, and designating the City of Glendale's representative and alternates to serve on the Valley Metro Rail Board. 6 Resolution No. 3606 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A JOINT POWERS AGREEMENT WITH THE CITIES OF PHOENIX, TEMPE AND MESA FOR THE CONSTRUCTION AND OPERATION OF A LIGHT RAIL TRANSIT SYSTEM FOR THE VALLEY; AND DESIGNATING GLENDALE'S REPRESENTATIVE AND ALTERNATES TO SERVE ON THE VALLEY METRO RAIL BOARD. 6. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR CONSTRUCTION OF NOISE WALLS ADJACENT TO LOOP 101 This was a request for approval of an intergovernmental agreement between the City of Glendale and the Arizona Department of Transportation (ADOT) for reimbursement of a portion of the design and construction costs for noise walls along the Loop 101, from Union Hills Drive to 75th Avenue. ADOT required the City to design the noise walls to accommodate an additional four feet of wall height to allow for possible future noise mitigation. ADOT has agreed to reimburse the City of Glendale for the increased cost for the design, construction, and administration resulting from this request. The reimbursement is estimated at $354,949. When received, the reimbursement will be deposited into Deferred Revenue Account Number 61-0061- 2245. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the State of Arizona for the construction of noise walls along the Loop 101, from Union Hills Drive to 75th Avenue. Resolution No. 3607 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF GLENDALE'S NOISE WALL PROJECT ALONG THE EAST RIGHT-OF-WAY OF THE AGUA FRIA FREEWAY (LOOP 101) BETWEEN UNION HILLS DRIVE AND 75TH AVENUE IN THE CITY OF GLENDALE. 7. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE CONSTRUCTION OF THE BETHANY HOME OUTFALL CHANNEL This was a request for approval of an intergovernmental agreement between the City of Glendale and the Flood Control District of Maricopa County (FCDMC) for the construction of storm drain facilities adjacent to the Grand Canal between the Loop 101 7 and 83rd Avenue. The intergovernmental agreement for the design and right-of-way acquisition was approved by the City Council on February 27, 2001. This is the first phase of construction that will implement the recommendations contained in the Maryvale Area Drainage Master Study, which provides a major outfall for the cities of Glendale and Phoenix and will remove approximately 745 homes from the floodplain. The cities of Glendale and Phoenix and the FCDMC have completed a pre- design process that, through a series of public meetings, has determined a location and size of the drainage facilities. The facilities will include open grass-lined channels and large drainage pipes to convey the storm water. The cities and the district have negotiated a cost sharing for the project, with the FCDMC paying 50%t and the cities of Glendale and Phoenix paying 25% each. The construction will be done in phases, contingent on funding availability. The first segment of construction will extend from the Loop 101 drainage channel east, crossing under 91st and 83rd Avenues, and the Grand Canal, to a point east of 83`d Avenue. Payments for the construction of the first phase and all subsequent phases will be programmed over several fiscal years, for a total cost of $37,800,000. The City of Glendale's portion of this cost is $9,350,000. Right-of-way acquisition for the first phase has been completed and construction of this phase is proposed to begin in January of 2003. Funds for the storm drain are included in the five-year Capital Improvement Program. The first segment of the construction will also include construction of a linear park, featuring trails, landscaping, and other park facilities. Payment for the linear park will be made through a separate agreement with the FCDMC. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the Flood Control District of Maricopa County for the construction of the Bethany Home Outfall Channel. Resolution No. 3608 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR THE CONSTRUCTION PHASE OF THE BETHANY HOME OUTFALL CHANNEL FROM THE AGUA FRIA FREEWAY (LOOP 101) TO 6e AVENUE, INCLUDING THE CAMELBACK ROAD STORM DRAIN. 8. MARICOPA COUNTY OVERTIME REIMBURSEMENT FOR POLICE DEPARTMENT This was a request to enter into an agreement with the Maricopa County Sheriff's Office. Through a grant with the Bureau of Justice Assistance, the Maricopa County Sheriff's Office has funds available to reimburse Arizona law enforcement agencies for 8 overtime costs associated with clandestine methamphetamine lab cases. This program is available for reimbursement on a first-come, first-serve basis, with a maximum amount of $5,000 available per agency. Reimbursement will be requested from the Maricopa County Sheriff's Office until the grant funds are exhausted. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the Maricopa County Sheriff's Office for the reimbursement of overtime. Resolution No. 3609 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY SHERIFF'S OFFICE FOR THE REIMBURSEMENT OF OVERTIME COSTS ASSOCIATED WITH THE ARIZONA METHAMPHETAMINE PROGRAM. 9. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR SEAT BELT AND CHILD RESTRAINT ENFORCEMENT This was a request for the Glendale Police Department to accept a third-year grant for $30,000 from the Governor's Office of Highway Safety. The grant will continue to provide overtime funding for seat belt and child restraint enforcement in the City of Glendale through a quarterly enforcement program that will include public information, education, and networking with other agencies participating in the National Buckle-Up America Program. The grant will also provide for the enforcement of all traffic violations. The Glendale Police Department will participate in three quarterly enforcement waves. The overtime factored in each wave is $7,500, with $15,000 budgeted for the Buckle-Up America Week. In total, the waves will not exceed $30,000 at the end of the project. Each enforcement wave will be two weeks in duration as follows: Dates Week November 30 through December 6, 2002 Post Thanksgiving Week February 8 through February 14, 2003 Child Passenger Safety Week May 19 through June 1, 2003 Special Enforcement Buckle-Up America Week The Glendale Police Department will conduct pre-wave and post-wave observation surveys to determine seat belt and child restraint usage. Survey locations are at the discretion of the Glendale Police Department. 9 Each enforcement wave will include the following components: • Maintain a high profile when enforcing vehicle occupant protection laws during all traffic stops; • Use of signs or message sign light bars to announce enforcement; and • Media coverage. There are no City-match funds required. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager and the Police Chief to accept a grant from the Governor's Office of Highway Safety for overtime funds totaling $30,000. Resolution No. 3610 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ACCEPTANCE OF THE GRANT OFFER FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR SEAT BELT AND CHILD RESTRAINT ENFORCEMENT. 10. ACCEPTANCE OF STATE GRANT FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR DRAINAGE STUDY AND MASTER PLAN UPDATE AT THE GLENDALE MUNICIPAL AIRPORT This was a request to accept a grant awarded to the Glendale Municipal Airport from the Arizona Department of Transportation (ADOT), Aeronautics Division, in the amount of $90,000 for a master plan update and eastside drainage study. ADOT originally programmed a master plan update for Fiscal Year 2003-04. However, after considering all of the growth adjacent to the airport, and at the request of the Airport Manager, the master plan update was moved up one year and incorporated into the drainage study. The master plan update will look at growth and development adjacent to the airport and evaluate the impact it will have on airport operations. To receive the grant, the City must provide matching funds of $10,000. Grant matching funds are available for the City share within the Fund 34 Capital Plan. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the Arizona Department of Transportation grant. 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Aenn!xeI aUI •uoade bupIaed 1keaoa!e pue Aenn!xeI ap!sjsee ue jo u6!sep aUI 104 000`081-$ jo junowe aU' u! `uo!s!n!Q so!Ineuoaay `(body) uo!1e1Jodsueal jo iuewjaedaa euozuy aUI wail poda!y Ied!o!unw alepuOIO aUI IN !Demme Iuea6 a jdeooe of fsanbaa a seen ski_ laOdHIV 1VdIOINfIW 31V0N319 3H1 _LV NOHdv 9NINblVd lJVHOQIV UNV AVMIXVI 3aISISy3 91-11 AO NOIS3d 3H1 EIOA NOI1V II0dSNVal AO INJWlaVd34 VNOZIaV 3H1 WOHd INVa9 9IVIS AO 3ONVld330V 'L L SECURITY FENCING ALONG THE WEST PERIMETER OF THE GLENDALE MUNICIPAL AIRPORT. 12A. APPROVAL OF A SUPPLEMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE TOURISM AND SPORTS AUTHORITY This was a request for City Council approval of the supplement to the Development Agreement and Disposition and Intergovernmental Agreement with the Tourism and Sports Authority dated September 3, 2002. The supplement sets forth the City's insurance plan for any liability of the City regarding the Tourism and Sports Authority's Multi-Purpose Facility. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the approval of the Supplement to the Development and Disposition and Intergovernmental Agreement with the Tourism and Sports Authority. Resolution No. 3614 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 EXECUTION AND DELIVERY OF A SUPPLEMENT TO THE DEVELOPMENT AND DISPOSITION AND INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF GLENDALE AND THE TOURISM AND SPORTS AUTHORITY; AND DIRECTING THAT THE SUPPLEMENT BE RECORDED. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his support for several items on the Consent Agenda and the Special Event Liquor Licenses on tonight's agenda. Mr. Ron Prothero, resident of the City of Glendale Ocotillo District, submitted public hearing speaker's cards in support of Agenda Item Nos. 2 and 5. Mr. Prothero stated that he did not wish to speak. It was moved by Eggleston and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 12A, including the approval and adoption of Resolution No. 3605 New Series, Resolution No. 3606 New Series, Resolution No. 3607 New Series, Resolution No. 3608 New Series, Resolution No. 3609 New Series, Resolution No. 3610 New Series, Resolution No. 3611 New Series, Resolution No. 3612 New Series, Resolution No. 3613 New Series, and Resolution No. 3614 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 13. REZONING APPLICATION Z-02-06: 6125 NORTH 59TH AVENUE Mr. Brian Friedman, Senior Planner, presented this request by Erich Spillmann of E & T, LLC to rezone a 21,420 square foot parcel located north of the northeast corner 12 of 59th Avenue and Bethany Home Road from R-4 (Multiple Residence) to C-2 (General Commercial). The proposed C-2 zoning district is consistent with the General Plan designation of General Commercial. The property's size and location limit the likelihood of redeveloping the site as a multiple residence development under the current R-4 zoning. The area is a mixture of multiple residence development, zoned R-4, and commercial properties, zoned C-2. The C-2 zoning district is appropriate for the site. On August 1, 2002, the Planning Commission recommended approval of Rezoning Application Z-02-06, subject to two stipulations. No one, except the applicant, spoke at the Planning Commission hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-02-06, subject to the two stipulations recommended by the Planning Commission. Councilmember Clark asked if the applicant intended to redevelop the property. Mr. Friedman stated that he did not know. Councilmember Clark asked if the applicant was aware that half-street improvements along 59th Avenue would have to be made at such time as the property is redeveloped. Mr. Friedman clarified that the improvements are in the form of a dedication of additional right-of-way. Councilmember Clark asked how the City would use the 55 feet of additional right-of-way. Mr. Friedman stated that it would be additional property that the City could use should it choose to expand the arterial roadway in the future. Councilmember Clark asked if the existing buildings would have to be demolished if the City utilized the additional right-of-way. Mr. Friedman responded that they would not. He explained that the buildings are vested in their current location. Mr. Erich Spillmann of E & T, LLC, the applicant, offered to answer questions. Councilmember Clark asked Mr. Spillmann if he was aware that a 55 foot dedication of right-of-way would be required and how it would impact his buildings. Mr. Spillmann stated that all of the buildings have the same setback and would have to be demolished if the City utilized the additional right-of-way. Mayor Scruggs asked Mr. Flaaen to comment on whether the buildings would have to be torn down. Mr. Flaaen said, as long as the buildings are not located within the 55 foot right-of-way, the buildings would be legal non-conforming uses and would not have to be relocated or torn down if the right-of-way was extended. Mr. Jon Froke, Planning Director, stated that the buildings, as they exist today, do not infringe on the current or proposed right-of-way. Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there were no comments, Mayor Scruggs closed the public hearing. 13 It was moved by Goulet, and seconded by Clark, approve Rezoning Application Z-02-06, subject to the two stipulations recommended by the Planning Commission. The motion carried unanimously. 14. PUBLIC HEARING - PROPOSED ANNEXATION.NO. 142 (7701 NORTH 91ST AVENUE) Ms. Kate Langford, Senior Planner, presented this request to annex approximately 60 acres located at the northeast corner of 91st Avenue and the Orangewood Avenue alignment. The annexation request was initiated by the property owner. Two parcels owned by the Peoria Unified School District (PUSD) are included within the proposed annexation area. The forty-five acre parcel is intended to be the future location of the Raymond S. Kellis High School, which is currently under design by the PUSD. The second parcel, approximately fifteen-acres in size is tentatively reserved for an elementary school site; however, no design plans have been prepared at this time. The actual need for an elementary school at that particular location will be determined by the PUSD at some point in the future. The blank annexation petition was recorded on August 16, 2002. This public hearing is being conducted during the last ten days of the thirty-day waiting period required by State Statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first-class mail. The proposed annexation area has been posted in at least three prominent places and the public hearing has been advertised in the Glendale Star. Once the public hearing has been conducted and the thirty-day waiting period has expired (the 30-day waiting period ends on September 15, 2002), signatures may be gathered. If a sufficient number of signatures in favor of annexation are obtained and the required amount of valuation is represented by these signatures, then the City Council will be asked to consider the adoption of an annexation ordinance. The recommendation was to conduct a public hearing on the blank annexation petition as required by State Statute. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, Mayor Scruggs closed the public hearing. No action was taken by the Council. 14 PUBLIC HEARING — SPECIAL EVENT LIQUOR LICENSES 15. SPECIAL EVENT LIQUOR LICENSE FOR ST. LOUIS THE KING CHURCH, OCTOBER 41H — OCTOBER 6'2002 This was a request for a special event liquor license for St. Louis the King Church. The event is the annual fall festival, which will be located at St. Louis the King Church, 4331 West Maryland Avenue. The event will be held from 5:00 p.m. to midnight on Friday, October 4, 2002; from 11:00 a.m. to midnight on Saturday, October 5, 2002; and from 11:00 a.m. to midnight on Sunday, October 6, 2002. If this license is approved, the total days expended by this applicant will be 3 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 16. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP SCHOOL, OCTOBER 121" — OCTOBER 131H 2002 This was a request for a special event liquor license for Our Lady of Perpetual Help School. The event is the annual fall festival, which will be located at Our Lady of Perpetual Help School, 7521 North 57th Avenue. The event will be held from noon to 10:00 p.m. on Saturday, October 12, 2002 and from 9:00 a.m. to 8:00 p.m. on Sunday, October 13, 2002. If this license is approved, the total days expended by this applicant will be 3 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Numbers 15 and 16. As there were no comments, Mayor Scruggs closed the public hearing. 15 Mayor Scruggs said Mr. Leonard Clark had submitted a public hearing speaker's card for these items; however, Mr. Clark had previously commented on the special event liquor licenses during consideration of the Consent Agenda. It was moved by Lieberman, and seconded by Frate, to forward liquor license applications for (1) St. Louis the King Church for its annual fall festival to be held at St. Louis the King Church, 4331 West Maryland Avenue, on October 4, 5, and 6, 2002, and (2) Our Lady of Perpetual Help School, for its annual fall festival to be held at Our Lady of Perpetual Help School, 7521 North 57th Avenue, on October 12 and 13, 2002, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 17. LIQUOR LICENSE NO. 3-833 SERGIO'S PIZZA PIZZA This was a request for a new series 12 (restaurant) license for Sergio's Pizza Pizza, which is located at 15224 North 59th Avenue, No. 1. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 19. LIQUOR LICENSE NO. 3-835 COMBO CLUB This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for the Combo Club, which is located at 6444 West Glendale Avenue. The previous owner operated this business as El Torito 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 State of 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 determined that it meets all technical requirements. 16 LI. syounoo an 1! wise Nien JequiewHounoo -seped eqp ueemjaq sienew i!Ap eJ Jena! keloid 841 peumno sans! NI Ian pequiclxe OH -isanbai eq1 Auap Oj younoo Jo suoseei Nen Au e ajejs jou seop lsajoJd leqj pejejs ueueldi pau!wqns SM tjo!qm 'sapid lo Jegel ey1 u! peleis sem se `moJose tfinoiql 6u!o6 Li! iseJew! 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(ionbu aps-go) 6 sepes e to Jejsueil uosJed e Jot lsenbei e SUM ski_ 'ON 13>ii:IVI1'J stionon KLI1VflO SA:13018Yd 17E8-C 'ON 3SN3011 tionon '9I. -Aisnowluoun papa° uogow aqj lenoadde Jo; uogepumwooei 8111 1-111m laquo0 pue sasuaon Jonbn o luawliedaa euozpv JO awls OLfl O 'gm ocituo9 .101. 9C9-C •oN pue enld BZZIci S,016.10S J0j. mg-C •oN suouenddv asuaon Jonbn pmmioi 01 *gip Aq pepuooes pus `ueuuagan Aq panow sem 11 -6upeay oliqnd aqi pasoio ays `siumuwoo ou 818M aiaq1 sy61. - pus siaqwnN weu epueBy uo 6ulieaq onqnd aqi pauado s66ruos JoAew •ienoidde Joj uoRepuewwooei 9141 141!M loiwoo pus sesueon JonbnJO wewpedeci euozpy JO eiels eqj 01 uoReo!idde 9111 piervuoi pue 6u!Jeeq oqqnd e Tonpuoo 01 SUM uoRepuewwooei aqi approval or denial of the license would materially affect any future litigation that might occur. Mr. Flaaen stated that the Council's action is only a recommendation to the Liquor Board and would have no effect on potential litigation between the parties. Mayor Scruggs opened the public hearing on Agenda Item Number 18. Mr. Faris Sayegh, a resident of the City of Phoenix, expressed his opinion that the City Council would help the transfer go through if they did not deny the request. He said the transfer would be fraudulent if it does not go through escrow. He stated that he was speaking on behalf of Mr. James D. Moore, the person holding a lien and security interest on the property. Mr. Dave A.•leton a resident of the Cit of Glendale Cactus District, stated that there is no legal basis behind the premise that it would be fraudulent to sell the personal property without going through escrow. He said Mr. Moore received a contract that gave him more than four times his investment. He noted that the sale did not go through an escrow company. He said denying the transfer would prevent the new buyer from taking over the business and cause him to close the business, resulting in a loss of tax revenue to the City. He agreed with Mr. Flaaen that the matter should be settled through litigation, and not through the licensing process. Councilmember Goulet asked Mr. Appleton if he would avoid escrow if selling a home and, if so, how would a buyer be assured of true ownership. Mr. Appleton explained that the rules and requirements for the sale of real property are different than those for the sale of personal property. Mr. Flaaen advised the Council to focus on the transfer of the liquor license. Councilmember Goulet asked Mr. Appleton if he felt the item should be tabled for discussion among the parties. Mr. Appleton responded that it should not be tabled. He said tabling the item would likely result in the business being closed. He urged the Council to recommend approval of the transfer. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Eggleston, to forward Liquor License Application No. 3-834 for Farmer's Quality Liquors & Market No. 2 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Councilmember Clark pointed out the fact that, if approved, the person to whom the license was transferred could end up with a license and no building. She stated that she will not support the transfer. 18 Councilmember Martinez commented that the Council is responsible for looking solely at the transfer of the license. He said, for that reason, he would support the request. Councilmember Lieberman stated personal property was being disputed and there is no claim to the deed of the property in the letter. Therefore, the Council should follow the advice of the City Attorney and not take the escrow issue into consideration. Vice Mayor Eggleston pointed out that the letter of protest is directed to the Liquor Board and not the City Council. He noted that there have been a minimal number of police reports for the location. Mayor Scruggs explained that the Liquor Board is looking for Council's recommendation only with regard to the continuation of a Series 9 License at the subject location. Upon a call for the question, the motion carried, with Lieberman and Clark voting "nay". ORDINANCES 20. DEEDS AND EASEMENTS ORDINANCE Mr. Rick Flaaen, City Attorney, presented this item. The City of Glendale is conveyed real estate properties by quit-claim deed, warranty deed and/or easements from property owners no longer desiring to retain ownership of their properties. Staff allows these properties to accumulate and presents them to Council for a one-motion consideration. In the past, these properties have been used for sidewalks, streets, alleyways, parks, water and sewer lines, and other public utilities. In order to utilize these properties for similar use in the future, it is necessary that Council adopt an ordinance dedicating these properties for public use. The recommendation was to waive reading beyond the title and adopt an ordinance dedicating certain real property for public use. Ordinance No. 2274 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR STREET, PUBLIC UTILITY, SIDEWALK, ALLEY, WATER AND SEWER, PARKS AND OTHER PURPOSES; ORDERING THE DOCUMENTS RECORDED; AND DEDICATING TO PUBLIC USE THE PROPERTY DESCRIBED THEREIN. 19 It was moved by Frate, and seconded by Clark, to approve Ordinance No. 2274 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. 21. DEDICATION OF RIGHT-OF-WAY AT 83RD AVENUE NORTH OFBETHANY HOME ROAD Mr. Larry Broyles, City Engineer, presented this request to dedicate the western 30 feet of the property along the frontage road of the West Area Public Safety Facility and the West Area Regional Park located at 83rd Avenue and Bethany Home Road for use as a public right-of-way. This dedication of right-of-way will allow street widening along 83rd Avenue and will also allow utility companies the ability to relocate their facilities outside of the paved roadway. The City owns all of the necessary land and will record a document that will dedicate this area. There is no cost associated with this dedication. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to enter into an agreement for the dedication of real property. Ordinance No. 2275 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 THE CITY MANAGER TO EXECUTE A DEDICATION OF RIGHT-OF-WAY AT 83RD AVENUE NORTH OF BETHANY HOME ROAD IN THE CITY OF GLENDALE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2275 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. 22. ABANDONMENT OF WATERLINE EASEMENT-SOUTHEAST CORNER OF CACTUS ROAD AND 67TH AVENUE Mr. Larry Broyles, City Engineer, presented this request to abandon an existing ten-foot waterline easement located within the vacant property on the southeast corner of Cactus Road and 67th Avenue. The developer, Landmark Engineering, has submitted plans for a re-plat of this property and will need to realign the waterline easement in order to develop this property and serve the new layout. Currently there are no waterlines located within this easement. No objections to the abandonment have been received by any department within the City of Glendale. There are no costs associated with this abandonment. 20 The recommendation was to waive reading beyond the title and adopt an ordinance abandoning this easement. Ordinance No. 2276 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 THE ABANDONMENT OF A WATERLINE EASEMENT LOCATED SOUTH OF CACTUS ROAD AND WEST OF 65TH AVENUE IN THE CITY OF GLENDALE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Frate, and seconded by Lieberman, to approve Ordinance No. 2276 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. 23. ABANDONMENT OF WATERLINE EASEMENT AND RIGHT-OF-WAY AT 72ND DRIVE SOUTH OF BETHANY HOME ROAD Mr. Larry Broyles, City Engineer, presented this request to abandon an existing 6 foot waterline easement and an existing 50 foot right-of-way located along 72nd Drive, south of Bethany Home Road. This area is being developed to accommodate 19 residential lots and, because no utilities are located within this easement and right-of- way, they are no longer needed. No objections to the abandonment have been received by any department within the City of Glendale, nor from any outside utility company. There are no costs associated with this abandonment. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning this easement. Ordinance No. 2277 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 THE ABANDONMENT OF A WATERLINE EASEMENT AND RIGHT-OF-WAY LOCATED ALONG 72ND DRIVE SOUTH OF BETHANY HOME ROAD IN THE CITY OF GLENDALE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2277 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. 21 24. LAND EXCHANGE - PYRAMID PEAK WATER TREATMENT PLANT Mr. Larry Broyles, City Engineer, presented this request to grant a land exchange between the City of Glendale and Makaus Construction. The exchange of land is located at the City's Pyramid Peak Water Treatment Plant (PPWTP). As a condition of development by the City of Phoenix, Makaus Construction is required to realign a portion of Pyramid Peak Road adjacent to our plant site. The road must be realigned to extend to the Central Arizona Project Canal and not infringe on the City's property. The City of Glendale will need to dedicate 1.695 acres of right-of-way to the City of Phoenix by map of dedication, and another .2435 acres to Makaus Construction by Warranty Deed for a total of 2.0594 acres. In exchange for this, the City will receive 2.0594 acres from Makaus Construction, which currently lies directly south of PPWTP and the developer will create a new entrance to the plant from the roadway. An environmental study has been completed on this site and there is no indication of contamination. There are no costs associated with this land exchange. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to enter into an agreement for the exchange of real property. Mayor Scruggs asked how the land exchange can be considered equal when Makaus Construction is giving the City 2.0594 acres and the City is only giving up 1.938 acres in return. Mr. Flaaen explained that the land exchange is considered equal as long as the land values are equal. Mr. Broyles stated that the roadway is being dedicated to the City of Phoenix, with the remainder of the land being exchanged with the City of Phoenix. Mayor Scruggs asked Mr. Broyles if he was comfortable that the land values are equal. Mr. Broyles responded in the affirmative. Ordinance No. 2278 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 THE LAND EXCHANGE LOCATED NEAR THE CITY OF GLENDALE'S PYRAMID PEAK WATER TREATMENT PLANT WITH MAKAUS CONSTRUCTION AND THE CITY OF PHOENIX; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Martinez, and seconded by Clark, to approve Ordinance No. 2278 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. 25. SALT RIVER PROJECT EASEMENT AT 67TH AVENUE AND BETHANY HOME ROAD Mr. Larry Broyles, City Engineer, presented this request to grant an easement to Salt River Project (SRP) to relocate electrical lines on the east side of 67th Avenue north 22 and south of Bethany Home Road. The City's Transportation Department has requested that SRP relocate a 69KV electrical line and underground a 12KV electrical line in order to construct the intersection improvements as part of the Transportation Department Safety Improvements Project. This easement would consist of approximately 29,376 square feet and will be located in the already existing City right- of-way. SRP has agreed to relocate these facilities upon the granting of this easement. Costs associated with the relocation of these utilities have been paid for as part of the Transportation Department Safety Improvements Project. There are no additional costs associated with the granting of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a conveyance of easement. Ordinance No. 2279 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 THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT IN FAVOR OF SALT RIVER PROJECT TO RELOCATE UTILITY LINES FOR THE EXPANSION OF 67TH AVENUE AND BETHANY HOME ROAD IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2279 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. PUBLIC HEARING — RESOLUTION 26. PROPOSED INCREASE TO SEWER USER CHARGES Mr. Ken Reedy, Deputy City Manager, presented this request for the City Council to hold a public hearing and adopt the resolution implementing sewer user charge adjustments, effective with the October 2002 sewer utility billing. On July 9, 2002, the City Council adopted a notice of intention to increase sewer user charges. The City Council has reviewed the Fiscal Year 2002-03 operating budgets and the Capital Improvement Plan for Fiscal Years 2003-12 for the water and wastewater systems. The operating budget included no supplemental requests and the Capital Improvement Plan includes projects such as the expansion of the West Area Wastewater Reclamation Facility and improvements to the 91st Avenue Wastewater Treatment Plant, which address both existing and projected treatment requirements. The inclusion of these budget plans in the water and sewer rate model developed by Black & Veatch resulted in no change to the rate recommendations presented to the Council during a Workshop session held on June 5, 2001. 23 The water and sewer rate analysis conducted by Black & Veatch recommended an annual 4% sewer revenue adjustment for three years and modification to the sewer user charge schedule. The Council approved the first 4% increase on September 25, 2001. This will be the second adjustment in the three-year process. The proposed rate adjustments will have varying effects on residential and commercial customers. The majority of residential customers will see minimal increases, based on usage, ranging from $0.22 to $0.99 on their monthly bill. The City has complied with the public notice procedures set forth by Arizona State law, which require that a public hearing be held prior to Council vote on the proposed wastewater rate increase. Also as required, a copy of the Black & Veatch Water and Sewer Rate Study is on file with City Clerk's Office. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution implementing sewer user charge adjustments effective with the October 2002 sewer utility billing. Resolution No. 3615 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ESTABLISHING SEWER SERVICE USER FEES PURSUANT TO GLENDALE CITY CODE, CHAPTER 33, ARTICLE III, SECTION 33-174; AND SETTING FORTH AN EFFECTIVE DATE. Mayor Scruggs opened the public hearing on Agenda Item No. 26. As there were no comments, she closed the public hearing. It was moved by Eggleston, and seconded by Martinez, to pass, adopt and approve Resolution No. 3615 New Series. The motion carried unanimously. PUBLIC HEARING — NEW BUSINESS 27. CLASS B BINGO APPLICATION FOR THE FRATERNAL ORDER OF EAGLES OSBORN AERIE NO. 2843 Mayor Scruggs presented this request for a new Class B bingo license for Fraternal Order of Eagles Osborn Aerie No. 2843, which is located at 7575 North 67th Avenue. There have been no prior bingo licenses at this location. A Class B bingo license is defined as a game that collects no more than $300,000 in gross revenues. Class B bingo licenses are issued only to qualified organizations, such as fraternal organizations. The designated manager for the bingo games is Mr. Richard Christiansen. All applicable fees have been paid. The bingo games will be held on Tuesday evenings at 7:00 p.m. The Tax and License Division, the Police Department and the Planning Department have approved the application. 24 Under A.R.S. Sec. 5-404(1), the City Council is required to recommend approval or disapproval of an application for a bingo license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Revenue, Bingo Section, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 27. As there were no comments, she closed the public hearing. It was moved by Goulet, and seconded by Lieberman, to forward the application of Fraternal Order of Eagles Osborn Aerie No. 2843 to the State of Arizona Department of Revenue, Bingo Section, with the recommendation for approval. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 17, 2002, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Council for their efforts to improve the quality of life for the citizens of Glendale. He said it was his hope that Glendale's neighborliness will be a model for the rest of the country. He acknowledged that drug problems are spreading, not only in Glendale, but across the nation. He encouraged the Council to find other means of addressing the problem, beyond traditional law enforcement efforts. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark welcomed the Cardinals to Glendale. She said Glendale will see a lot more development directly related to the Coyotes and Cardinals stadiums. She invited Yucca District residents to a redistricting meeting on September 18th at Desert Mirage Elementary School at 7:00 p.m. Councilmember Goulet invited residents to attend the 9-11 commemorative event to be held on Wednesday evening, September 11th, at the Civic Center and City Hall amphitheater. Councilmember Lieberman urged everyone to attend the 9-11 commemorative event. He offered the City's assistance to the Blue Sky Mobile Home Park in its efforts to rebuild after being damaged by last week's monsoon storm. 25 Councilmember Martinez thanked the City's Fire and Police Departments for their quick responses during the storms. He congratulated Mr. Mark Burdick on being named the City's new Fire Chief. Councilmember Frate stated that he had attended a press conference at Phoenix Children's Hospital, at which a new program called Tubby Tag was announced. He explained that the program targets bathtub drowning prevention. He noted that tags are available at the Lazy Boy Furniture Gallery located at 59th Avenue and Bell Road, as well as at fire stations throughout the City. Mayor Scruggs announced that an Open House will be held Saturday, September 14th at the Wigwam Resort in Litchfield Park, from 10:00 a.m. to 1 :00 p.m., to review the results of the Department of Commerce's research and analysis regarding the various land areas within Luke Air Force Base's airspace. She encouraged everyone to attend. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. :/01 Pamela Oliveira - City Clerk • 26