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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/24/2000 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 24, 2000, AT 7:00 P.M. The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston and the following Councilmembers present: Clark, Frate, Goulet, Lieberman, and Martinez. Also present were Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Gary Verburg, Interim City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLEL VII SECTION 6(c) OF THE GLENDLE CHARTER A statement was filed by the City Clerk that the six 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 OCTOBER 10, 2000 It was moved by Martinez, and seconded by Lieberman, to dispense with the reading of the minutes of the regular Council meeting held on October 10, 2000, as each member of the Council had been provided copies in advance, and approve them as revised. The motion carried unanimously. PROCLAMATIONS AND AWARDS RECOGNITION OF COMMUNITY SERVICE FOR DEBORAH MANN The Glendale Citizens' Advisory Commission on Neighborhoods was established by the Mayor and Council in January of 1995. The purpose of this commission is to oversee the revitalization of Glendale's older neighborhoods and to make policy recommendations regarding neighborhood issues to the Mayor and Council. Ms. Deborah Mann (Sahuaro District representative) served as a member of the Commission for a total of two years (from 1998 to 2000). As a result of her dedication and hard work, she participated in the review and approval of over $1.7 million in neighborhood grant recommendations and assisted with enhancing the neighborhood grants process. During her two years of service, she invested countless hours in providing direction and guidance to neighborhood leaders and contributed to the success of the Neighborhood Partnership Program. She is to be commended for her efforts and tireless work for the citizens of Glendale. Mayor Scruggs presented a plaque of recognition to Ms. Deborah Mann for her contribution and dedication to serving the citizens of Glendale as a member of The Glendale Citizens' Advisory Commission on Neighborhoods. 1 Ms. Mann said that she has had the opportunity to work both "with" and "against" the City and she preferred working "with" the City. AMERICAN ASSOCIATION OF AIRPORTS EXECUTIVES, AAAE DISTINGUISHED SERVICE AWARD Mr. James McCue, A.A.E., Airport Manager for the Glendale Municipal Airport, has been selected to receive the annual AAAE Distinguished Service Award. This is a national award that is presented by AAAE. The AAAE presents an annual Distinguished Service Award to one of its accredited members. The award is described as being awarded to AAAE men and women who have made outstanding accomplishments in their professional and personal lives. These individuals also contribute to other aviation organizations, serve AAAE and its chapters, and participate in civic and community affairs. Distinguished Service Award winners exemplify the best in airport management by continually bringing credit to the profession and the aviation community. Mayor Scruggs introduced Mr. Larry Cox, A.A.E., President of the Memphis Shelby County Airport Authority and current Chairman of the American Association of Airport Executives. Mr. Cox presented the annual Distinguished Service Award to Mr. James McCue, A.A.E., City of Glendale Municipal Airport Manager. Mr. McCue thanked the Mayor and Council, Dr. Vanacour and Mr. Cox. He said that he was pleased to be able to share the moment with his family, the Aviation Commission, and his dear friends. He thanked the Council for granting the latitude and trust necessary for them to move airport improvements along for the past six years. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 6 by number and title. 1. FINAL PLAT APPLICATION P-99-04"THE VILLAGE ON 59TH: 8559. NORTH 59TH AVENUE This was a request by Brown Family Communities for final plat approval for a subdivision titled "The Village on 59th". The site is located north of the northeast corner of 59th Avenue and Evergreen Road. The subdivision includes 63 single family lots on 14.6 acres, at a density of 4.3 dwelling units per gross acre. Lots range in size from 6,050 square feet to 13,382 square feet, with an average of 6,449 square feet. The minimum lot width is 55 feet. 2 The final plat is in conformance with the existing R1-6 PRD (Single Residence Planned Residential Development) zoning and the preliminary plat approved by the Planning Commission on December 2, 1999. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application P-99-04. 2. REQUEST FOR PROPOSAL 00-56. MANAGEMENT SERVICES FOR THE BANK OF AMERICA BUILDING Four proposals were received to provide management services for the City- owned Bank of America Building. The management services firm shall be responsible for a wide array of services, including, but not limited to, collection and deposit of funds, record keeping, repairs, and maintenance. The firm will also be responsible for the leasing of vacant space in the building. The fees for leasing will be based upon a percentage of the gross rents and will vary from lease to lease, depending on the terms agreed to in the lease. This service shall commence on November 1, 2000 and continue for one year. The specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years, in one-year increments. An evaluation committee, consisting of staff from the Engineering and Finance Departments, as well as the City Attorney's Office, reviewed the offers received. Specific evaluation criteria included capabilities of firm and staff, work plan, cost, references, and compliance with specifications. The offer scored highest by the committee was submitted by NAI Horizon. Funding is available in 0 & M Downtown Building Account Number 01-6248-7330. The recommendation was to award the contract for management services of the Bank of America Building to NAI Horizon in the amount $30,000, taxes included. 3. AWARD OF PROPOSAL 00-62, BONSALL PARK-NORTH ROLLER HOCKEY RINK Two proposals were received to provide a complete replacement of the dasherboard system for the roller hockey rink at Bonsall Park-North. The dasherboard system, which consists of the outer borders of the roller hockey rink, needs to be replaced due to continuous use, age, cracking, and sun deterioration. The new system will consist of a high density polyethylene dasherboard that is designed for outdoor arenas, is compatible with the high heat and ultraviolet rays in the Southwestern Region, and has a full manufacturer's warranty. An evaluation panel, consisting of staff from the Parks and Recreation Department, reviewed the offers. The panel used specific evaluation criteria, which included compliance with specifications, cost, warranty, and project time schedule. The offer scored highest by the panel was submitted by RMF Development Company. 3 Funding is available in the Parks Enhancement Capital Budget, Account Number 36-8519-8300. The recommendation was to award the contract for the replacement of the dasherboards on the roller hockey rink at Bonsall Park-North to RMF Development Company in the amount of $38,760.75, taxes included. 4. AWARD OF BID 00-66, PRINTING OF THE GLENDALE CONNECTION MONTHLY NEWSLETTER Eighteen bids were received to provide the printing of the Glendale Connection Monthly Newsletter. Currently, 64,000 newsletters are printed every month and are mailed with each household's water bill. As part of the requirements of the Invitation for Bid, each company had to submit at least three samples of printed work similar to the Glendale Connection Newsletter and at least three references of companies for which they had done similar print work. Four of the eighteen companies did not submit either the samples and/or the references and those offers were considered non- responsive. The lowest responsive offer was submitted by Valleywide Printing Service Inc. The contract shall begin upon award by the City Council and continue for one year. The specifications contain an option clause that will permit the City, at the discretion of the City Manager to extend this agreement for four additional years, in one-year increments. Funding is available in Marketing's Operating Budget, Account Number 01- 1710-7330. The recommendation was to award the contract for the printing of the Glendale Connection Monthly Newsletter to Valleywide Printing Service Inc. in the amount $36,705.02, taxes included. 5. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT - 61ST AVENUE AND ROSE LANE SEWER REPLACEMENT This was a request for City Council approval of a professional services agreement with the engineering firm of Entellus, Inc. in an amount not to exceed $42,414.06, for the design of replacement sewers in the vicinity of 61st Avenue, along Rose Lane, Claremont Street, Marlette Street, and open alleys. In early 1998, the then existing 6" diameter sanitary sewer in Stella Avenue, from 60th to 61st Avenues, was replaced with a new 8" sewer. Prior to this replacement, sewer back-ups had occurred along this portion of Stella Avenue, which caused significant property damage and considerable customer dissatisfaction. In conjunction with the replacement of the sewer in Stella Avenue, a new sewer was installed in 61st Avenue from just south of Maryland Avenue to Berridge Lane. The Stella Avenue replacement sewer drains into this 61st Avenue sewer. No further problems have occurred in this area since the Stella Avenue sewer replacement project was completed. However, other sewers in this vicinity east of 61st Avenue, including sewers in Rose Lane, Marlette Street and Claremont Street, are also undersized and installed 4 at a shallow depth. Therefore, the potential for future sewer back-ups along these sewers still exist. This project is intended to remedy this situation. On April 20, 2000, utilizing the City's Engineering Department engineering consultant database, a Request for Letters of Interest was sent to the more than 90 firms in the database that list sanitary engineering as an area of expertise. In response to this request, 28 companies sent letters of interest and they were in turn sent the Request for Proposal. On July 25, 2000, a total of 16 proposals were received. City staff, including one representative from the Deputy City Manager's Office, two representatives from the Engineering Department and three representatives from the Utilities Department, reviewed these proposals. Entellus, Inc. was selected as the company which presented the best qualifications, team, and project approach to complete the work required. Subsequent to this selection process, City staff negotiated a scope of services and fee with Entellus, Inc. for project design. Construction services are not included in the scope of services at this time. Funds for this project are available in the 2000-01 Capital Improvements Program, Utilities Funds Account Number 50-9015-8300. The recommendation was to approve the professional services agreement with Entellus, Inc. in an amount not exceed $42,414.06. 6. APPROVAL OF SETTLEMENT AGREEMENT IN DASHIELL V. CITY OF GLENDALE This was a request for City Council approval of a settlement agreement to resolve the litigation in Dashiell v. City of Glendale in the amount of $7.25 million. This amount will resolve any and all claims against the City made by Mr. Daniel Ray Dashiell. This litigation arises out of a motorcycle accident injury which occurred on January 31 , 1987. A complaint was originally filed against the City on December 30, 1987. The action initially went to trial in April of 1991 and a jury entered a verdict in the City's favor. An appeal followed and this jury verdict in the City's favor was reversed by the Court of Appeals. A new trial was granted and a second trial occurred in April of 1999. At the conclusion of the second trial, the jury rendered a verdict in the amount of $7 million to the Plaintiff, plus interest at the rate of 10% per annum. This verdict was appealed by the City to the Court of Appeals and the Court of Appeals upheld the verdict rendered on September 28, 2000. The final settlement amount represents a discount of accumulated interest since the entry of the trial court judgment. The recommendation was to approve the settlement agreement in the amount of $7.25 million; authorize the City Manager, the Risk Manager and the City Attorney to execute any documents deemed necessary to memorialize the settlement; approve the increase in appropriations to the Risk Management Trust Fund by transferring $3 million in appropriation from General Fund Contingency Account Number 01-2450-7000; authorize the payment of $3 million from the Risk Management contingency to be paid 5 from Account Number 76-1435-7312; authorize the transfer from the General Fund contingency to Account Number 01-2440-7312; and authorize payment of claims in the amount of $4.25 million. CONSENT RESOLUTIONS 7. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA FOR DEANNEXATION OF 0.75 ACRE PARCEL WEST OF NEW RIVER, NORTH OF UNION HILLS DRIVE The City of Peoria has requested that Glendale enter into an intergovernmental agreement (IGA) for the deannexation by the City of Glendale and subsequent annexation by the City of Peoria of a small tract of land located west of New River and north of Union Hills Drive. The property that is the subject of the IGA is privately owned by A. Brent Payne. The area to be deannexed represents a 0.75 acre portion of a 20-acre development known as New River Commerce Park to be developed within the City of Peoria. Mr. Payne cannot obtain final development approval from the City of Peoria as long as this area is located within the City of Glendale. Further, the City of Glendale cannot effectively provide necessary services to the property because of its location west of New River. The City of Peoria supports the deannexation of this area by the City of Glendale, is willing to annex the property into the City of Peoria, and can provide services to the property. The Peoria City Council approved the IGA with the City of Glendale at its September 5, 2000 meeting. There are no costs to the City of Glendale associated with this deannexation. The recommendation was to approve the intergovernmental agreement with the City of Peoria, waive reading beyond the title, and adopt a resolution authorizing the City Manager to execute all documents associated with this transaction. Resolution No. 3415 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA FOR THE DEANNEXATION OF A 0.75 ACRE PARCEL WEST OF NEW RIVER, NORTH OF UNION HILLS. 8. INTERGOVERNMENTAL AGREEMENT WITH REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR TRANSIT SERVICES This intergovernmental agreement (IGA) between the Regional Public Transportation Authority (RPTA) and the City of Glendale is for the provision of public transportation service. The total amount of this agreement is $1,121,475, which includes: 6 Miscellaneous transit activities* $ 71,425 Fixed route service $1,050,050 Total funded by the RPTA $1,121,475 * These funds are allocated in the Fiscal Year 2000/2001 budget for specific uses, including Dial-A-Ride, fixed route bus service, and trip reduction. The existing fixed route services that are provided to the City of Glendale by the RPTA are as follows: Weekday Route 24 Glendale Avenue/43rd Avenue to 67th Avenue Route 59 59th Avenue/Camelback Road to Bell Road Route 67 67th Avenue/Camelback Road to Arrowhead Towne Center Route 90 Olive Avenue Extension/59th Avenue to 67th Avenue Route 106 Peoria Avenue/43rd Avenue to 67th Avenue Route 570 Express on Northern Avenue Route 581 Express on Thunderbird Road The RPTA is also responsible for the customer communications and customer services cost of all fixed route services. Glendale's share for these services is estimated at $87,037. This cost is covered in the Fiscal Year 2000/2001 budget under Account Number 26-4233-7330. In addition to the fixed route provided by RPTA, the City of Glendale purchases fixed route service from the City of Phoenix. This year's cost is estimated at $907,000. Saturday service is now available on a majority of the routes because of the additional funding provided by Arizona Department of Transportation through the Vehicle License Tax. The recommendation was to waive reading beyond the title and adopt a resolution authorizing an intergovernmental agreement between the City of Glendale and the Regional Public Transportation Authority to continue the provision of public transportation services in Glendale. 7 Resolution No. 3416 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. 9. CHANGE ORDER NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR FIXED ROUTE SERVICE FISCAL YEAR 2000-01 This was a change order for year two of the five-year agreement between the City of Phoenix and the City of Glendale, extending from July of 1999 through June of 2004, for continued operation of fixed bus routes within the City of Glendale. The contract amount for Fiscal Year 2000-2001 is $906,400 and funding is provided in the Fiscal Year 2000/2001 Transit budget, Account Numbers 26-4233-7330 and 26-4234- 7330. This agreement covers the following fixed route services: Weekday Route 59 59th Avenue Extension/Bell Road to Union Hills Drive Route 60 Bethany Home Road/43rd Avenue to 67th Avenue Route 80 Northern Avenue/43rd Avenue to 59th Avenue Route 90 Olive Avenue/43rd Avenue to 59th Avenue Route 38 Thunderbird Road/51st Avenue to 67th Avenue Route 70 Bell Road/51st Avenue to Arrowhead Towne Center, half hour service Route 186 Union Hills Drive/51st Avenue to Arrowhead Towne Center Yellow Route Grand Avenue/71st Avenue to 43rd Avenue Saturday Route 24 Glendale Avenue/43rd Avenue to 67th Avenue Route 59 59th Avenue/Camelback Road to Bell Road Route 60 Bethany Home Road/43rd Avenue to 67th Avenue 8 Route 67 67th Avenue/Camelback Road to Arrowhead Towne Center Route 80 Northern Avenue/43rd Avenue to 59th Avenue Route 90 Olive Avenue/43rd Avenue to 67th Avenue Route 170 Bell Road/51st Avenue to Arrowhead Towne Center Additional fixed route service provided to the City of Glendale is paid for by the Regional Public Transportation Authority and is, therefore, not included in this contract. The recommendation was to waive reading beyond the title, and adopt a resolution to authorize execution of the Contract Change Order No, 1, Attachment B, to the intergovernmental agreement with the City of Phoenix for the operation of fixed route bus services in Glendale. Resolution No. 3417 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 CONTRACT CHANGE ORDER NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR THE OPERATION OF FIXED ROUTE BUS SERVICES IN THE CITY OF GLENDALE. 10. DRUG ENFORCEMENT ADMINISTRATION TASK FORCE AGREEMENT The Drug Enforcement Administration (DEA) and the Glendale Police Department have been partners since 1986 in an agreement which assigned one Glendale Police Department officer to the Drug Enforcement Task Force. This partnership has facilitated the open flow of information regarding narcotics trafficking, has expanded the resources of the City's own narcotics unit, and has improved the overall ability of both agencies to disrupt narcotics trafficking. Since 1986, more than 80% of the funds that the City has been awarded through the Racketeering Influenced Crime Organization (RICO) statutes came as a direct result of sharing in asset forfeiture proceeds, on a per capita basis, with DEA and other federal, state, and local law enforcement agencies. The City shares these proceeds as a direct result of having a detective assigned to the DEA. The City's participation helps us maintain close ties with other law enforcement agencies operating throughout the state, nationally, and internationally. Every major law enforcement agency in the Valley is represented on the DEA Task Force. The result is better coordination and use of intelligence. 9 The City's Police Department borrows DEA electronic equipment on a frequent basis. Having a detective assigned to DEA certainly gives the Police Department a head start when it comes to getting material assistance involving some very sophisticated and expensive surveillance equipment which would not otherwise be available to us. The City of Glendale, currently represented within the DEA, was among the first agencies in Arizona to be offered Clandestine Drug Lab training, equipment, and clean- up funding, largely as a result of their experience working with the City's detectives. The D.E.A. Task Force contributes office space, supplies, clerical assistance, and overtime expenses for the officer assigned. The Police Department is seeking authorization to continue this agreement, effective October 1, 2000, through September 30, 2001, for a total of twelve months. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign all documentation necessary to continue the Intergovernmental Agreement with the Drug Enforcement Administration. Resolution No. 3418 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 DRUG ENFORCEMENT ADMINISTRATION CONCERNING THE DRUG ENFORCEMENT TASK FORCE. 11. AMENDMENT OF THE ANNUAL CONTRIBUTIONS CONTRACT ACCEPTING SEVENTY-FIVE SECTION 8 VOUCHERS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The U.S. Department of Housing and Urban Development (HUD) invited applications for additional Section 8 vouchers under the Fiscal Year 2000 Section 8 Housing Choice Incremental Voucher Funding program. Under this funding system, HUD provides a predetermined number of vouchers per state, and all housing authorities statewide can submit an application for a portion of the allotted vouchers. The Glendale Community Housing Services Division submitted an application and, on September 6, 2000, received notice that 75 vouchers were awarded. These vouchers will be used to place families and individuals currently on the City's waiting list in decent, safe and affordable housing. In order to accept this additional assistance, an amendment to the Annual Contributions Contract between the City and HUD is necessary. The Mayor and Council have previously authorized staff to submit applications for additional Section 8 vouchers provided that the application is in accordance with the City's Five-Year Consolidated Plan. The acceptance of additional vouchers is also included in the goals and objectives as outlined in the Division's Agency Plan, recently approved by Mayor and Council. The Housing Advisory Commission unanimously recommended approval 10 of this amendment to the Mayor and Council during its regular meeting held on September 25, 2000. The recommendation was to waive reading beyond the title and adopt a resolution approving an amendment to the Annual Contributions Contract to accept 75 vouchers from the Department of Housing and Urban Development. Resolution No. 3419 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE AMENDMENT TO ANNUAL CONTRIBUTIONS CONTRACT NO. SF-512 TO ACCEPT AN ADDITIONAL 75 HOUSING CHOICE VOUCHERS. 12. ACCEPTANCE OF A $34,091 PUBLIC HOUSING DRUG ELIMINATION GRANT (PHDEP) TO ENHANCE SECURITY AT THE LAMAR_ HOMES RENTAL COMMUNITY The City has been notified that its application for a $34,091 Public Housing Drug Elimination Program (PHDEP) grant has been approved by the U.S. Department of Housing and Urban Development (HUD). Drug elimination funds are designed for use in public housing developments and may be used for physical improvements to enhance security. In addition to other previously approved funding, this grant will be used to build a masonry wall and wrought iron fencing with gated entries at Lamar Homes, a 51-unit complex that has a population of 154 family members. Also, while the buildings currently have address numbers, enhanced unit numbers that are larger and easily visible will be placed on each individual unit to aid public safety officers with identifying and contacting residents in need of emergency services. The recommendation was to waive reading beyond the title and approve a resolution accepting the $34,091 Public Housing Drug Elimination Program grant from HUD to be used to enhance security at the Lamar Homes rental community. Resolution No. 3420 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A PUBLIC HOUSING DRUG ELIMINATION GRANT OFFER FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO BE USED FOR ENHANCED SECURITY AT THE LAMAR HOMES RENTAL COMMUNITY. It was moved by Lieberman, and seconded by Eggleston, to approve the recommended actions on Consent Agenda Item Nos. 1 through 12, including the approval and adoption of Resolutions No. 3415 New Series, No. 3416 New Series, No. 3417 New Series, No. 3418 New Series, No. 3419 New Series, and 3420 New Series. The motion carried unanimously. 11 LAND DEVELOPMENT ACTIONS 13. DISCUSSION AND DECISION ON WHETHER OR NOT TO INITIATE AN AMENDMENT TO THE C-2 (GENERAL COMMERCIAL) ZONING PREVIOUSLY APPROVED ON 39 ACRES LOCATED AT THE SOUTHWEST CORNER OF 51sT AND OLIVE AVENUES Ms. Molly Hood, Senior Planner, presented this item. On September 14, 1999, the City Council approved GP-99-01 and Z-99-01 which amended the General Plan from Residential 2.5-3.5 dwelling units per acre and Residential 12-20 units per acre to General Commercial, and rezoned the property from C-3 (Heavy Commercial) and A-1 (Agricultural) to C-2 (General Commercial). On July 6, 2000, a Development Master Plan was submitted to the Planning Department, which included a 220,000 square foot superstore on the property. This proposal is a substantial change from the plan shown during the Citizen Participation process and at the time of City Council approval. Significant community concern has been generated by the impacts of this new proposal and questions have been raised about whether it meets the intent of the original conditions of approval. The City Council should review and consider whether or not the new proposal reflects the Council's understanding at the time the zoning was approved and if the public's health, safety and general welfare is sufficiently protected. If the City Council chooses to initiate an amendment to the approved zoning, this item will be brought back to the Council for public hearing and final action after the normal Citizen Participation process and public hearing by the Planning Commission. The recommendation was for the City Council to review the issues and decide whether or not to initiate an amendment to the C-2 zoning approved on September 14, 1999. Mayor Scruggs noted that the Council had received a letter from Ms. Karen Taylor, the attorney representing Hayscale and the Hurley family, requesting that they delay action to exchange finding of facts and continue this item. Mr. Jay Dushuff, an attorney representing Hayscale and the Hurley family, explained that he would be making a motion to postpone this item - either completely or partially. He noted that Ms. Taylor was in labor at the hospital she was the most familiar with this case. In addition, he said that he, Ms. Taylor and the Hurleys only learned about the meeting last Thursday and believed they had insufficient time to prepare for the meeting. He suggested allowing the people who were in favor of the proposed initiation speak, but continuing the item until the next meeting to allow Hayscale and the Hurleys an opportunity to present their case. He guaranteed that the Hurleys would take no further action which would in any way increase their legal position or decrease that of the City. He suggested that there was a misunderstanding 12 of some of the operative facts. He stated that he believed it was important that there be agreement on the facts and chronology. Councilmember Martinez asked Mr. Verburg if there was a need to respond to Mr. Dushuff's request. Mr. Verburg pointed out that this would not be final action. He said the landowners' representatives would have an opportunity to participate and be given due process during the citizen participation phase should the City choose to go forward. He noted that there would also be a public hearing before the Planning Commission, at which time they would be afforded the opportunity to present their position. He said the item would return to the Council if and when action is taken. He stated there was no legal impediment to going forward with the item. Mayor Scruggs opened the public hearing on Agenda Item No. 13. Mr. Stan Clark, a resident of the City of Glendale Barrel District, expressed his opinion that the Council has brought Glendale much prosperity and many wonderful things that make Glendale a good place in which to live. He said that he was concerned with the Super Wal-Mart store being located at 51St and Olive Avenues because it will drive down residential property values and result in the closing of the existing Fry's and Safeway supermarkets, Her said that smaller stores will also be forced to close their doors. He asked the Council not to turn its back on the residents and local business owners. He stated that a Super Wal-Mart store was not the right fit for Glendale and he asked the Council to approve the amendment. Mr. Robert Tautimer, President of the Suncrest Homeowners Association, said that they have a nice family community and have expended a lot of time and money on improving their complex. He stated that he was concerned that the Super Wal-Mart store would lower property values and increase traffic, making the intersection even more dangerous. He added the fact that crime and vandalism would also increase. He stated that he was in support of the amendment. Ms. Barbara Hiltz, a resident of thee C�City ofGlendaleBarrel District, stated that she supported the amendment. She said that she was also concerned about an increase in traffic and noise. She suggested that the Super Wal-Mart store be located at the Manistee Town Center rather than at 51St and Olive Avenues. Mr. Marcus Moran, a resident of the City of Glendale Barrel District, voiced his support of the amendment. He noted that his home faces the property where the Super Wal-Mart store would be built and he would be greatly affected if the project goes through. He acknowledged being in favor of the original project, stating that he even encouraged the Council to approve it. He noted, however, now that he was aware of what the project actually amounts to, he was completely against it. He read an excerpt from a letter sent to the Council from Mr. Tim Stouffer. He said that the Council has to be fair to the homeowners involved. He explained that he had originally been assured by the Hurleys that they would create a positive, quaint, and neighborhood-friendly shopping center. 13 Mr. John B. Lewis, a resident of the City of Glendale Cholla District, said that his business, Headlines Hairstyling Salon, which is located in the Fry's shopping center at 51st and Olive Avenues, would be jeopardized if a Super Wal-Mart store drove the Fry's and Safeway supermarkets out of the strip malls. He reported that he had spoken with a Fry's executive who did not rule out the possibility of leaving the strip mall should a Super Wal-Mart store enter the area. He questioned what would happen to the other businesses in the area and their employees. He said that the Super Wal-Mart stores destroyed businesses in Show Low and Payson by holding on to their leases on the buildings they vacated, making it impossible for new anchor tenants to move in. He stated that he had recently renewed his lease. He noted that other businesses are waiting to renew their leases until a decision has been made on this issue. Ms. Kathy Lewis, a resident of the City of Glendale Cholla District, identified herself as the co-owner of the Headlines Hairstyling Salon located in the Fry's shopping center. She said that mom and pop stores are the backbone of the City of Glendale and she questioned their viability should a Super Wal-Mart store move into the area. She said real estate professionals have told her that the homes facing the Super Wal- Mart store would decrease $25,000 in value and the decreases would domino down to other surrounding neighborhoods. She said residents were deceived and lied to and they now face the possibility of being cheated out of their hard work, money and homes. She asked the Council to fight for the residents and business owners in the Barrel District. She expressed her opinion that a SteinMart, Starbucks or Trader Joe's, as originally proposed by the Hurleys, would be a benefit to the community. Mr. Mike DePinto, a resident of the CitiolIcrisIale BLIrrel District, said that he supported the amendment because the neighborhood has been deceived. He referred to the boutique style, upscale center which was originally proposed by the Hurleys. He questioned why the City did not do a second independent retail study. He noted that the Sahuaro Character (one of the nine character areas included in the City's General Plan, which encompasses a good portion of the City between the Thunderbird Paseo Park south to the Grand Avenue Corridor) was designed and developed to retain the residential character of vacant parcels to be in-filled with appropriate residential and compatible neighborhood shopping centers. He said that a Super Wal-Mart store does not fit the area and that residents' quality of life should not be traded, bought or sold for mere tax revenue dollars. He asked that the Hurley's development team submit evidence that they attempted to get a Starbucks, SteinMart or Trader Joe's to come into the area. He said he would like to see the area developed, but done so in a responsible manner. He asked why Councilmember James McAllister, at the September 14, 1999 Council meeting, was concerned about adding a stipulation for a conditional use permit for a 24-hour operation. Ms. Susan Stutzman, a resident of the City of Glendale Barrel District, submitted a card indicating her support of the amendment, but chose not to address the Council. 14 Ms. Arline Yzquierdo, resident of the City of Glendale Barrel District, said that the model presented by Wal-Mart did not show the hundreds of vehicles that would be in the parking area. She noted that the entrance indicated on 53td Avenue is in a residential area and would create a dangerous situation for children in the area. Ms. Denise Blau, a resident of the City of Glendale Barrel District, stated that she and her daughter have enjoyed a high quality of life in the City of Glendale for over five years; however, they are now faced with the possibility of a Super Wal-Mart store being built across the street. She said that neighborhood shopping centers were intended to serve the immediate community, not surrounding cities. She agreed that children and pets would be in danger and expressed her opinion that littering, vandalism and crime would also increase. She asked the Council to help keep her community peaceful by keeping the Super Wal-Mart store out. She stated that she supported the amendment. Mr. Dennis Powers, a resident of the City of Glendale Barrel District, explained that he had researched the issue and had even spoken with a Wal-Mart representative. He said he found out that Wal-Mart originally sought to locate its store at the Manistee Town Center, but was unable to work with the owners of that property. He noted that Wal-Mart's original plan was to place a Sam's Club at the 51st and Olive Avenues location. He stated that this raises questions as to when discussions between Wal-Mart and the Hurleys actually began. He asked the Councilmembers if they actually read the staff report, stating that the traffic study indicated the location does not meet the criteria for a supercenter. He said that the public elects officials to represent their best interests and he noted that the only interests being served were those of the property owner and a national retailer. He challenged the Council to re-evaluate its decision, stating a more appropriate development should be found for the location. He speculated whether the Council showed due diligence in representing the public on this issue. Ms. Ma Finle a resident of the Cit of Glendale Barrel District, noted that she purchased her home 16 months ago and would not have done so had she known the City was even considering a Super Wal-Mart store for the Hurley's property. She characterized her neighborhood as being nice, clean and peaceful and asked the Council to keep it that way. She said that she supported the amendment. Mr. Ken Mone a resident of the Cit of Glendale Barrel District, submitted a speaker's card, indicating that he wished to speak in support of the amendment, but was not present to address the Council when called by Mayor Scruggs. Mr. Dennis Kist, a resident of the City of Glendale Barrel District, submitted a speaker's card, indicating that he wished to speak in support of the amendment, but he chose not to address the Council. 15 Mr. Charlie Grim, a resident of the City of Glendale Barrel District, said that the Council has the rare opportunity to go back and correct its mistake and that it is the Council's obligation to stop this disaster before it happens. He voiced his support of the Council's amendment. Ms. Michelle Powers, a resident of the City of Glendale Cactus District, said that the Hurley's counsel had stated they did not feel they had adequate notification to prepare for the meeting. She noted, however, that they had received the same amount of notice as the citizens who were present. She said that, if the property owners were confident they did everything they could and were completely above board, their attorney should be able to address the Council tonight. She questioned whether the public would have an opportunity to rebut the Hurley's attorney should a continuance be granted. She stated that she was in support of the amendment. Ms. Doris Hicks-Tillman, a resident of the City of Glendale Cactus District, said that, prior to the Wal-Mart issue, she had always been impressed with Glendale as a place to live and felt secure that it was a well-run municipality. She explained that she purchased her home based on certain criteria, including the fact that it was well constructed and had well-kept homes in the area that maintained their value. She said that, as a taxpayer and a homeowner, she resented the situation she was now faced with. She stated that stores which have the magnitude of a Super Wal-Mart have no business being in a residential neighborhood. She called upon the Council to do the right thing and to stand up to Wal-Mart. She also called upon the residents to remain strong, united and focused on the goal in order to keep Wal-Mart from building in their community. She stated that she supported the amendment. Ms. Gay Bailey, a resident of the City of Glendale Cactus District, said that she supported the Council's amendment. She thanked the Council for placing the issue on their agenda, stating that it indicates they are taking the citizens' concerns seriously. She urged everyone to take a very careful, cautious and slow pace in studying the issue and taking action on the amendment. She said that she and others want to live and raise their families in their current community, not one damaged by poor decision making. Mr. Jerzy Rakoczynski, a resident of the City of_Glendale Barrel District, pointed out that the 24-hour Super Wal-Mart store at Christown Mall draws homeless people to the area. He noted that 51st and Olive Avenues is one of the worst accident related intersections in Glendale. He stated the fact that increased traffic would only add to the number of injuries and fatalities. He said that the development would make access from his house onto 51st Avenue even more difficult and would reduce his property value. He expressed his opinion that the notification process was inadequate. He asked the Council to do the right thing. He stated that he supported the amendment. 16 Ms. Patti Wyrick, a resident of the City of Glendale Barrel District, said that she believed additional discussion and more neighborhood and community input was necessary. She expressed concern regarding traffic as it relates to Glendale Community College and questioned whether the City was prepared to widen Olive Avenue to accommodate the increase in traffic. She said that she supported the amendment and looked forward to communicating her beliefs. She stated that the issue affects everyone in the surrounding area, not just those homeowners adjacent to the subject property. Ms. Marilyn Porter, a resident of the City of Glendale Barrel District, said that Ms. Hurley had promised that they would bring nothing larger than a SteinMart to the neighborhood. She said that they had chosen to retire in Glendale and liked their neighborhood. She listed an increase in crime and traffic as her main concerns. She asked the Council to approve the amendment and stop the deceit that has gone on. Mr. Al DeLossa, a resident of the City of Glendale Barrel District, said that, wanting to give the Hurleys and the developers the benefit of the doubt, he had initially questioned how the situation could have occurred. He noted, however, that Mr. Jay Schneider, the Hurley's developer, stated "Right from the beginning, we told the people that there would be a 300,000 square-foot mega store in that, uh, property.". He said that he was in favor of the amendment because a crucial credibility problem needs to be resolved. Ms. Barbara Cheathem, a resident of the City of Glendale Barrel District, voiced her support of the Council's amendment, stating that they would not be there if it were not for a lack of due process. She discouraged the Council from delaying the decision any longer. She noted that, if it were approved, the Hurleys and their representatives would have other opportunities to address the Council. She said that she had reviewed the City of Phoenix's policy and found that it has policies in place that would have kept this type of situation from occurring. She suggested that the City of Glendale could learn from the City of Phoenix's model, as well as the models of other smaller municipalities that have dealt with similar issues. Ms. Tammy Vogel, a resident of the City of Glendale Barrel District, said that she and her daughter had met with Ms. Hurley and were told about an upscale shopping center. She expressed her anger at being lied to and having her children lied to. She said they found a home located about one mile from their current home, but they are unable to sell their current home because of the proposed development. She said that she had been contacted to see if they wanted to get out of their house, but she was aware of the devastating effects bailing out of their home would have on the neighborhood. She said that they have made a commitment to the neighborhood to stay in their house if it does not sell, but hoped the Council would reconsider its decision on this issue. 17 Ms. Susan Soloman, a resident of the City of Glendale Barrel District, submitted a public hearing speaker's card, indicating that she wished to speak in support of the amendment, but she did not come forward when called by Mayor Scruggs. Ms. Dorothy Gallagher, a resident of the City of Glendale Barrel District, said that she had attended the town hall meetings and met with the Hurleys in her home. She stated that she was also concerned about traffic and property values. She raised the issue of teen curfew problems with the introduction of a 24-hour Super Wal- Mart store into the neighborhood, suggesting that it would be a green light for teens to ignore the curfew. She said she supported the Hurley's original concept because she had hoped to have a block watch storefront, providing a police presence in the neighborhood. She said that she also believed the Manistee Town Center location would be more appropriate. She acknowledged the fact that the ownership issues prevented it from being feasible. Mr. Neal Benson, a resident of the City of Glendale Cactus District, said that the Council was not diligent in its efforts to protect the interest of the citizens of Glendale. He urged the Council to proceed with the approval of the amendment and go forward with the public hearing. He asked if the Council had taken the revitalization efforts of downtown Glendale into consideration, stating that traffic would probably bypass the downtown area if a Super Wal-Mart store was approved. Mr. Jay Dushuff asked if it was necessary to declare war by initiating a new zoning case. He renewed his request that the Hurleys be given a chance to make a presentation on the merits of the issues at the Council's next meeting. He questioned whether the Council has the legal right to pass a motion, as they did not specify in the agenda what the proposed initiation would be. Public hearing speaker's cards were received from the following residents of the City of Glendale Barrel District, who indicated that they supported the Council's consideration to initiate an amendment to the C-2 zoning previously granted for the southwest corner of 51St and Olive Avenues, but did not wish to speak Ms. Jane Bachmann Ms. Beverly Black Mr. Warren Doede Ms. Trish Edwards Mr. Dean Frei, Ms. Jerilyn Frei, Mr. and Mrs. B.J. Griffith Ms. Kathy Inoshita Ms. Minow Inoshita Ms. Elaine Ito Mr. Eugene Ruiz Ms. Dee and Mr. Steve Snyder-Johnson Mr. Scott Stewart 18 Mr. Jeff Suttles Ms. Laurie Terry Written comments were received from the following City of Glendale residents, who indicated that they supported the Council's consideration to initiate an amendment to the C-2 zoning previously granted for the southwest corner of 51St and Olive Avenues. Joan Barrclough Gary Dixon Ralph & Cecilia Foster Kay Fulghum Kevin Gibson Tammy Graves Dennis & Patricia Hayes Anne L. & Leroy T. Jacobson Denise Johnson Patricia Johnson The Keen Family Margaret Kinsey James L. McCarthy Helen & Thomas Moriarity Rose Muler Shelly Oldridge Betsy A. Peck James & Marilyn Porter Susan Roehler John Ruffalo Sharon Smith Tim Stouffer Letters were received from the following City of Glendale residents, who indicated that they opposed the Council decision to initiate an amendment to the C-2 (General Commercial) zoning previously approved for the property at the southwest corner of 51st and Olive Avenues. Ursula Baatz Leroy Hues Claudia Shore Mr. and Mrs. W.D. Stepp Debbie Thompson Mayor Scruggs closed the public hearing. 19 It was moved by Eggleston, and seconded by Goulet, to initiate an amendment to the stipulations approved under Rezoning Application Z-99-01 to ensure conformance with the development plan and representations made by the applicant to the Planning Commission, the City Council, and the citizens of Glendale throughout the citizen participation process prior to rezoning. The motion carried unanimously. The meeting was recessed for a short break. BIDS AND CONTRACTS 14. AWARD OF CONSTRUCTION CONTRACT - 75TH AVENUE PEDESTRIAN BRIDGE Mr. Grant Anderson, City Engineer, presented this request for City Council award of a construction contract to Hunter Contracting in the amount of $133,133 for the construction of a pedestrian bridge over the Grand Canal at 75th Avenue. The project is necessary to provide for a continuous sidewalk and safely convey pedestrians and bicyclists along 75th Avenue and keep them out of the street travelway. Three bids were received and opened on October 5, 2000. Hunter Contracting, a qualified and licensed contractor, submitted the lowest base bid in the amount of $133,133. The low bid was slightly over the engineer's estimate, but, upon checking the amounts, Engineering Department staff found these bid amounts to be reasonable. Funds for this project are available in the 2000-01 Capital Improvements Budget Pedestrian Walkway 75th-Camelback Project, Account Number 61-8911-8300. However, a transfer of funds in the amount of $99,500 needs to be made from Street Scallop Account Number 62-8558-8300 into the Project account. The recommendation was to approve the transfer of funds and award the construction contract to Hunter Contracting in the amount of $133,133. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed his opinion that it is great any time runners and bicyclists can be kept away from the traffic. He said he agreed with what the Council was doing and supported it. It was moved by Eggleston, and seconded by Frate, to approve the transfer of funds and award the construction contract to Hunter Contracting in the amount of $133,133. The motion carried unanimously. 15. AWARD OF CONTRACT FOR PROFESSIONAL SERVICES: GLENDALE LONG RANGE TRANSPORTATION PLAN Mr. Jim Book, Transportation Director, presented this request to award a consultant contract for professional services to prepare a Long Range Transportation Plan for the City of Glendale. This Plan will facilitate the integration of transportation 20 modes and help ensure the effective utilization of transportation resources. Plans for all modes of transportation will be developed, including bicycles, roads, transit and aviation. In the spring of 2000, the State Legislature passed, and the Governor signed, Senate Bill 1001 (Growing Smarter) which requires cities to update their General Plan. The Glendale City Council will need to approve an updated General Plan by December of 2001 and then the Plan needs to be presented to voters. One element of the General Plan is transportation and this element will be updated in this contract in accordance with statutory requirements. The General Plan is a composite of several elements. The Land Use Element will soon be advertised for consultant services and the Parks and Recreation Element is in the process of being completed. The remaining major element that needs to be completed is transportation. The general circulation element and the Bicycle Plan were last addressed in 1990. A Transit Plan needs to be developed to address the recent transit service expansions in the City of Phoenix. Furthermore, an integrated plan for intersection improvements is needed. The Transportation Plan process will include extensive public outreach to neighborhoods and the Plan will include development of a funding plan. This project will not exceed $275,000. An amount of $75,000 in Local Transportation Assistance Funds in Account Number 26-4234-7330 will be transferred to Transportation Plan Account Number 12-6321-7330. Also, $200,000 in Engineering Administration carry-over funds in Account Number 01-6310-7333 will be transferred to the Transportation Plan account. A Request for Proposals (RFP) was advertised on September 12, 2000. Five proposals were reviewed and a five-person review team from the Glendale Transportation and Planning Departments unanimously recommended BRW, Inc. to complete this project. The recommendation was to approve a Professional Service Contract with BRW, Inc. for an amount not to exceed $275,000. Councilmember Clark asked if the plan will have a public participation element. Mr. Book, stated that it would have a very detailed citizen participation plan. It was moved by Lieberman, and seconded by Clark, to approve a professional service contract with BRW, INC. for an amount not to exceed $275,000. The motion carried unanimously. 16. APPROVAL OF AMENDMENT NO. 3T0 PROFESSIONAL SERVICES AGREEMENT - ARROWHEAD RANCH EFFLUENT RECHARGE SYSTEM Mr. Grant Anderson, City Engineer, presented this item. For many years, the City of Glendale has required developers to pay an in-lieu fee for the development of 21 lakes not on their property so that facilities could be provided to store effluent water. The recharge of effluent water minimizes the need for the use of groundwater domestic supply in Glendale. The City is in the final phase of a project to construct one lake on Oasis Park and recharge facilities at Oasis Park and at the Arrowhead Ranch Water Reclamation Facility. This was a request for City Council approval of an amendment to the professional services agreement with Wilson & Company in an amount not to exceed $767,367 for the construction engineering services and startup operation of the effluent recharge and recovery facilities being installed at these two sites in North Glendale. Later in tonight's agenda, Council considered approval of a contract for the actual construction of the lake and recharge facilities. In July of 1999, through a competitive qualifications based selection process, City staff selected Wilson & Company to perform the work needed for this project. The original selection process for the consultant intended to provide for the study, design, and construction phases of the project. On September 14, 1999, the Council approved the professional services agreement with Wilson & Company for the detailed study of the site north of Oasis Park, as well as an evaluation of effluent recharge, storage and recovery options for the site. On March 28, 2000, the Council approved Amendment No. 1 covering design and bidding assistance for the effluent recharge and recovery wells, and a lake and effluent irrigation pump station at the ten-acre site. Subsequently, on July 11, 2000, the Council approved Amendment No. 2 for the design and bidding assistance for effluent recharge and recovery facilities to be installed at the Arrowhead Ranch Water Reclamation Facility to increase the total amount of recharge capabilities for this project. Wilson & Company has performed satisfactorily on the project and has the expertise and familiarity to continue with the next phase. The work under Amendment No. 3 includes project administration and resident engineering services during construction, testing services and other construction phase services during installation of the effluent recharge storage and recovery facilities at both sites. It also includes services to facilitate startup of the facilities and training of City staff, ongoing operational guidance, and analysis services during the initial two- year pilot phase of the recharge facilities. Funds for this work are available in the 1999-2000 and 2000-2001 Capital Improvements Program, Utilities Funds Account Number 50-9269-8330. The recommendation was to approve Amendment No. 3 to the professional services agreement with Wilson & Company in an amount not to exceed $767,367. Councilmember Martinez asked if the landscaping would be kept in its natural state. Mr. Anderson explained that the landscaping installed to beautify the area and the wrought iron fence would be kept intact. He said that the lake and the edge of the lake would be beautified in a way that is pleasing to the neighborhood. It was moved by Frate, and seconded by Goulet, to approve Amendment No. 3 to the professional services agreement with Wilson & Company in an amount not to exceed $767,367. The motion carried unanimously. 22 17. AWARD OF CONSTRUCTION CONTRACT — ARROWHEAD RANCH EFFLUENT RECHARGE SYSTEM Mr. Grant Anderson, City Engineer, presented this request for City Council award of a construction contract to CDM Engineers & Constructors in the amount of $4,653,600 for installation of effluent recharge and storage facilities at the City-owned 10-acre parcel north of Oasis Park and at the site of the Arrowhead Ranch Water Reclamation Facility (ARWRF). As the Arrowhead Ranch community approaches build-out, the volume of effluent produced by the ARWRF increases. However, while the need for effluent is fairly seasonal, it is produced year-round whether it is needed or not. The main purpose of this project is to provide seasonal storage for the effluent during the winter through groundwater recharge. At each of the sites involved in the project, the 10-acre site north of Oasis Park and the ARWRF, four groundwater recharge wells will be installed and one groundwater monitoring well. One of the wells has already been installed at the ARWRF under a contract approved by Council on July 11, 2000 with Zim Industries. The site north of Oasis Park will also have a small lake and an irrigation pump station installed to provide irrigation water for the site itself and Oasis Park. During the warmer irrigation system, recharged effluent will be pumped into the Arrowhead Ranch Effluent Distribution System from wells at the sites. Although exact recharge information will not be available until the facilities are installed and operable, it is currently intended that the total groundwater recharge capabilities of the facilities to be installed will be approximately 2.6 million gallons per day. On September 27, 2000, two bids were received and opened, with CDM Engineers & Constructors submitting the low bid in the amount of $4,653,600. The City's consultant, Wilson & Company, reviewed the bids and the qualifications of the low bidder and recommended award of the contract to CDM Engineers & Constructors. Engineering Department staff agreed with this recommendation. Funds are available for this project in the 2000-01 Capital Improvements Program, Utilities Funds Account Number 50-9269-8300. Recharge facilities are to be available for use by December 31, 2000 and all work under this contract is to be completed by April 11, 2001. The recommendation was to award the construction contact to CDM Engineers & Constructors in the amount of $4,653,600. In response to Councilmember Martinez's question, Mr. Anderson confirmed that they have a full set of odor control scrubbers and covers over all of the open bay areas to control odors. 23 Councilmember Lieberman noted that they were moving forward on this project at a rather quick pace. Mr. Anderson explained that the lake and four of the wells would be done by December 31, 2000, while the other four wells would take until March of 2001. It was moved by Martinez, and seconded by Eggleston, to award the construction contract to CDM Engineers & Constructors in the amount of $4,653,600. The motion carried unanimously. SPECIAL EVENT LIQUOR LICENSES 18. SPECIAL EVENT LIQUOR LICENSE FOR THUNDERBIRD RUGBY CLUB — NOVEMBER 4 & 5, 2000 This was a request for a special event liquor license for the Thunderbird Rugby Club. The event is the annual Thunderbird Rugby International Invitational and fundraiser at the American Graduate School of International Management, which is located at 15249 North 59th Avenue. The event will be held from 10:00 a.m. to 7:00 p.m. on Saturday, November 4, 2000 and from 10:00 a.m. to 7:00 p.m. on Sunday, November 5, 2000. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be 2 of the allowed 10 days this calendar year. Pursuant to 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 No. 18. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward the special event liquor license application of the Thunderbird Rugby Club for the annual Thunderbird Rugby International Invitational and fundraiser to be held on November 4 and 5, 2000 at the American Graduate School of International Management, located at 15249 North 59th Avenue, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 24 PUBLIC HEARING - LIQUOR LICENSES 19. LIQUOR LICENSE NO. 3-727— EXPRESS FOOD MARKET This was a request for a new series 10 (off-sale retail, beer & wine) license for Express Food Market, which is located at 6445 North 51st Avenue, No. 101. The previous owner operated this business as Express Food Market and held a series 10 (off-sale retail, beer & wine) license at this location. A new series 10 license is required for this location because a series 10 license is not transferable. 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 applicant was notified by certified mail of the hearing date, place and time. 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. 20. LIQUOR LICENSE NO. 3-729 — RAQUEL'S This was a request for a new series 12 (restaurant) license for Raquel's, which is located at 5930 West Greenway Road, Suite 1-A. The previous owner operated this business, without a liquor license, as Celena's Tex-Mex Foods. The approval of this license will increase the number of liquor licenses in this area by one. The establishment is over 300 feet from any school. The nearest church, Oasis Bible Church, is within 179 feet of Raquel's. However, the rule prohibiting a retail liquor license from being within 300 feet of a church does not apply to a series 12 (restaurant) license. No protests were filed during the 20-day posting period. The applicant was notified by certified mail of the hearing date, place, and time. 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. Mayor Scruggs opened the public hearing on Agenda Item Nos. 19 and 20. As there were no comments, she closed the public hearing. 25 It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-727 for Express Food Market and No. 3-729 for Raquel's to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried, with Clark voting "nay". ORDINANCES 21. SIDEWALK USE AND DISPLAY, PROPOSED RIGHT-OF-WAY ORDINANCE Mr. lain Vasey, Redevelopment Manager, presented this item. At the September 19, 2000 City Council Workshop, staff presented guidelines that would allow downtown merchants to place items on the public sidewalks. Merchants would be permitted to place items such as chairs, benches, trash receptacles, tables, planters and other items on the sidewalk. The proposed ordinance would maintain the high-quality aesthetic nature of the downtown area and promote a pedestrian-friendly environment. Permit applicants would be required to provide insurance coverage to the City, sign a "Hold Harmless" agreement, and submit a detailed plan showing the proposed furniture items. The proposed regulations meet the Americans with Disabilities Act (ADA) standards for accessible routes. Alcoholic beverages would be permitted on sidewalks on the condition that the requirements and specifications of an establishment's existing liquor license are met. The recommendation was to waive reading beyond the title and adopt an ordinance setting the standards for Sidewalk Use and Display Permits in the downtown area. Ordinance No. 2165 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GLENDALE CITY CODE BY ADDING A NEW CHAPTER 21.3 RELATING TO DOWNTOWN SIDEWALK USE AND DISPLAY PERMIT GUIDELINES. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2165 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 22. ZONING ORDINANCE TEXT AMENDMENT Z-00-17 CORNFIELD MAZE IN A-1 (AGRICULTURAL) ZONING DISTRICT Mr. Dean Svoboda, Planning Director, presented this request by Roger Brown and Jill Brown for New Trails Inc. to amend the zoning ordinance to add "corn maze" as a temporary use, subject to conditions in the A-1 (Agricultural) zoning district. The list of conditions to be met in the administrative review is included through the addition of Section 7.507. 26 The amendment limits this temporary use to 5 to 12 acres and 40 business days within any eight-week period. The sale of concessions, including food and drink, will be allowed. Each site will be approved by City staff, without public notice or hearing. This administrative review will help to ensure compatibility, adequate access, and public safety. Each time a cornfield maze is proposed, it would be subject to administrative review. The Planning Commission unanimously recommended approval of this application on October 5, 2000. No one, but the applicant, spoke at the public hearing. The recommendation was to conduct a public hearing, approve Zoning Ordinance Text Amendment Z-00-17 and waive reading beyond the title and adopt the ordinance amending the text of the zoning ordinance. Mayor Scruggs asked if the property owner would have to renew a permit each year or if it was a one-time approval. Mr. Svoboda said that this would be a unique and individual review each time for each specific site. He explained that staff would conduct a review with a zoning clearance issued. He noted that other permits may be required for health and safety reasons. He pointed out that the nature of surrounding roads and development could change; therefore the conditions they look for to ensure compatibility could change as well. Councilmember Martinez said he hoped the applicants understood that they would have to come back each year. Ordinance No. 2166 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, ARTICLE 5 (ZONING DISTRICT REGULATIONS) AND ARTICLE 7 (GENERAL DEVELOPMENT STANDARDS) TO ALLOW A CORN MAZE AS A TEMPORARY USE, SUBJECT TO CONDITIONS IN THE A-1 (AGRICULTURAL) ZONING DISTRICT; AND DECLARING AN EMERGENCY. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2166 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 23. ABANDONMENT AND RELOCATION OF A WATERLINE EASEMENT AT SINE ELEMENTARY SCHOOL Mr. Grant Anderson, City Engineer, presented this item. Renovation and construction activities at the Sine Elementary School, located at 4932 West Myrtle Avenue, required the relocation of an existing public waterline. The line has been relocated and a new easement has been submitted for the permanent location. Once the Council adopts an ordinance authorizing the abandonment of the old waterline, a 27 new easement will be recorded. No other City or private utilities are affected by this abandonment. There are no costs associated with the abandonment of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the abandonment of a portion of a City waterline easement. Ordinance No. 2167 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 PORTION OF AN UNUSED WATERLINE EASEMENT AT SINE ELEMENTARY SCHOOL LOCATED AT 4932 WEST MYRTLE AVENUE IN GLENDALE ARIZONA 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 Martinez, to approve Ordinance No. 2167 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 24. ABANDONMENT OF UNUSED RIGHT-OF-WAY AND WATERLINE EASEMENT Mr. Grant Anderson, City Engineer, presented this item. Mercy Housing Southwest is in the process of planning and developing "Vista Alegre", a 60-unit low income elderly and senior housing project at the southeast corner of Maryland Avenue and 65th Drive. The City of Glendale has a 20' wide right-of-way for access and utilities to a well site, along with a 15' wide waterline easement to the well site. The well was never used by the City, has been formally closed with the Arizona Department of Water Resources, and was conveyed to Vista Alegre in exchange for additional right-of-way for 65th Avenue. In order for the City Planning Department to act on Mercy Housing's requests for plat approval, it is necessary to abandon the unused right-of-way and waterline easement. There are no costs associated with this abandonment. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning the right-of-way for access and utilities, and the waterline easement to the adjacent owner of record. 28 Ordinance No. 2168 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 THE UNUSED RIGHT-OF-WAY AND WATERLINE EASEMENT AT THE SOUTHEAST CORNER OF MARYLAND AVENUE AND 65TH DRIVE IN GLENDALE ARIZONA 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 Lieberman, to approve Ordinance No. 2168 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 25. NOISE AND AVIGATION EASEMENT BETWEEN CITY OF PHOENIX ("GRANTOR") AND CITY OF GLENDALE ("GLENDALE") NEAR THE NEW RIVER CHANNEL Mr. Jim Brook, Transportation Director, presented this request for authorization of a Noise and Avigation Easement between the City of Phoenix ("Grantor") and the City of Glendale ("Glendale"), both being an Arizona municipal corporation. The "Grantor" being an owner in fee of a certain parcel of land in Phoenix, Arizona, would like to grant a permanent noise and avigation easement to "Glendale", owner and operator of Glendale Municipal Airport. The easement is located in a noise-affected area, that present and future noise effects might be annoying to users of the land for its stated purpose and these noise effects might change over time and result in increased noise. "Grantor" would grant a permanent noise and avigation easement to "Glendale", owner and operator of Glendale Municipal Airport, for the use of "Navigable Airspace" as defined by the Federal Aviation Act of 1958, over all of the following described real estate. This easement and non-suit covenant is granted solely to "Glendale" as operator of Glendale Municipal Airport, and any successor agency, and does not grant any right to private persons or corporations. The recommendation was to waive reading beyond title and adopt an ordinance authorizing this issuance of Noise and Avigation Easement. Ordinance No. 2169 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 ACQUISITION OF AN AVIGATIONAL EASEMENT TO CERTAIN REAL PROPERTY LOCATED IN THE CITY OF PHOENIX, MARICOPA COUNTY, ARIZONA, FOR THE USE OF NAVIGABLE AIRSPACE NEAR THE GLENDALE MUNICIPAL AIRPORT; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. 29 It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2169 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 26. TRANSFER OF LEASE AGREEMENT: DESERT MIRAGE GOLF COURSE Mr. Warren Smith, Director of Parks and Recreation, presented this item. In April of 1997 the City of Glendale entered into a lease agreement with Par Golf, Limited Liability Company L.L.C. for the operation of Desert Mirage Golf Course. Par Golf L.L.C. made a request to transfer the assigned rights under the terms of the lease agreement to Glendale Mirage Golf L.L.C. Glendale Mirage Golf (GMC) will assume the existing debt and direct its affiliate, Shamrock Golf, to manage and operate Desert Mirage Golf Course. Mr. Patrick J. McGroder III is the Managing Partner of GMC, along with Mr. Robert Ramsey. They have participated in the construction, ownership, and management of many successful golf courses in the Valley. These include Ahwatukee Golf and Country Club, Apache Sun, The Links at Queen Creek, Pepperwood Golf Club, Foothills Golf Club, River Run Golf Club, and their most recent acquisition, the Silverado Golf Club in Scottsdale. GMC intends to make major improvements in terms of the operations and management of the Desert Mirage Golf Course, but is not seeking any changes to the terms of the lease agreement nor increases in the debt against the property. The partners will improve marketing of the course, grounds, and the clubhouse. The Chief Financial Officer has reviewed a letter of financial capabilities from Northern Bank Trust, which demonstrates Glendale Mirage Golf's ability to successfully assume the lease agreement. This item was reviewed at the Workshop session held on October 17, 2000 and staff was directed to bring the item forward for formal action. The recommendation was to waive reading beyond the title and adopt an ordinance to transfer the lease agreement from Par Golf L.L.C. to Glendale Mirage L.L.C. and authorize the City Manager to execute the documents. Ordinance No. 2170 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 MAYOR AND/OR CITY MANAGER AND THE CITY CLERK TO EXECUTE AN ASSIGNMENT OF LEASE AGREEMENT BETWEEN PAR GOLF, L.L.C. AND GLENDALE MIRAGE GOLF L.L.C. CONCERNING THE DESERT MIRAGE GOLF COURSE. 30 It was moved by Frate, and seconded by Lieberman, to approve Ordinance No. 2170 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. BOARDS AND COMMISSIONS 27. BOARDS AND COMMISSIONS An appointment is to be made to the following commission that has a vacancy or expired term. Effective Term Date Expires Transportation Advisory Commission Lenox, Al (Cholla) Re-appointment as Chair 11-07-2000 11-07-2001 Lenox, Al (Cholla) Re-appointment 11-07-2000 11-07-2002 The recommendation was to make the appointment to the Transportation Advisory Commission as referenced above. It was moved by Martinez, and seconded by Eggleston, to re-appoint Mr. Al Lenox, a Cholla District appointee, to the Transportation Advisory Commission for a term commencing on November 7, 2000 and expiring on November 7, 2001, and as Chair of the Commission for a term commencing November 7, 2000 and expiring on November 7, 2002. 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 on Tuesday, November 7, 2000, at 1:30 p.m. in Room B-3 of the City Council Chambers, 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, said that it was a miracle no one was harmed in the Pioneer Elementary School hostage situation that occurred today and it was a day to be thankful. He stated that school uniforms would make it easier for the police to identify potential problems. He assured the Council that he appreciated their rules for civilized behavior on the part of citizens of Glendale, including himself. He said that it was not his place, or anybody's place, to personally attack the Council. He asked the Council to exercise care so as not to give the impression of overstepping the bounds of response and hampering a citizen's First 31 Amendment right to free speech. He explained he does not remain after the meetings because he believes if he were to get too friendly with the Council it would be difficult to say what needs to be said. He stated that the Councilmembers were all very nice people and he respected the fact that he was allowed the opportunity to address the Council. He said that men and women currently serving in the Middle East might have parents who would benefit from a Meals on Wheels program or other assistance from the City. Mr. Dennis Powers a resident of the City of Glendale Cactus District, challenged the Council to re-evaluate the process of noticing rezoning issues. He stated that Glendale's public notice signage is not as adequate as that of other cities and is difficult to read. He recommended that notices be published in newspapers with a larger circulation. Mr. Ken Money, a resident of the City of Glendale Barrel District, submitted a Citizen Comments Card, but did not come forward when called by Mayor Scruggs. Mr. Randy Johnson, a resident of the City of Glendale Sahuaro District, complimented the City on their handling of the Pioneer Elementary School hostage situation. He noted that he is the parent of three children involved in the incident. He said he sits on the Board of the Glendale Chamber of Commerce and is a very active member of the Parent-Teacher's Organization, and intends to support the City of Glendale as he believes they supported his children today. He said that Wal-Mart has been a significant part of the community and employees are strongly encouraged to take an active voice in their community, to support issues, and to serve their customer base as best they can. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark thanked the Police Department Negotiation Squad and SWAT Team for their handling of the Pioneer Elementary School incident. She noted that two of her neighborhoods held block watch parties last Saturday night, despite the bad weather. She thanked the hosts of those parties for their graciousness. Councilmember Goulet thanked all of the people who took the time to speak on this evening's agenda. He said that they hosted the second year of the Habitat for Humanity Build in the community last week and he thanked Habitat for their continued commitment to the City of Glendale. He also thanked the corporate sponsorship and encouraged anyone interested in volunteering to contact his or her Neighborhood Partnership office. He thanked staff for their assistance and his fellow Councilmembers for their support of this endeavor. He noted that the City of Glendale hosted a "Raise the Roof Day" last Saturday and several volunteers showed up to do much needed work on a family's home. He agreed that the professional skills exhibited by the Glendale Police Department resulted in the successful outcome of the hostage situation. He thanked Mr. David Dobrotka, Glendale Police Chief, and the tactical teams involved. He commended the teacher for her clear-headed thinking and said the 32 school's planning and preparation paid off. Councilmember Goulet noted that he had attended several G.A.I.N. (Getting Arizona Involved in Neighborhoods) Night parties in his district on Saturday night. Councilmember Lieberman also thanked the Glendale Police Department. He stated that he has always felt they were the finest in the state. He said that the outcome was extremely satisfactory and the City of Glendale and the Peoria School District handled the situation very well. He said that he went to one of eight G.A.I.N. (Getting Arizona Involved in Neighborhoods) Night parties in his district. He congratulated Mr. Ed Beasley, Assistant City Manager, on the Lincoln J. Ragsdale award that he had received the previous Friday. Vice Mayor Eggleston complimented the Police Department on a job well done. He mentioned the Sahauro Ranch grand re-opening last week and encouraged everyone to take the tour. Also, noting that the Civic Center has only been in operation for 10 months, he said that it is busy. Councilmember Martinez thanked Mr. David Dobrotka, Glendale Police Chief, and his staff for their handling of the school hostage situation today. He also commended the teacher involved. Councilmember Frate complimented the Police Department. He noted that the incident occurred close to his home. He thanked the neighborhoods that participated in G.A.I.N. (Getting Arizona Involved in Neighborhoods) Night, stating that all of the parties in his district were well attended. He said that he had attended the banquet at which Mr. Beasley received the prestigious Lincoln J. Ragsdale award. He thanked Mr. Beasley for his service and congratulated him on the award. Mayor Scruggs said that it is extremely important to her that the meetings are run fairly and that everyone is given equal opportunity to express their opinion. She informed the citizens that re-visiting an item on the agenda during the Public Comments portion of the meeting is not permitted. She stated that she heard Mr. Powers talk about the need for better signage and Mr. Johnson talk about the corporate citizenship of his employer, but does not believe either of them re-visited Agenda Item 13. She noted that a hotline (623-930-4044) would be put into operation tomorrow morning for information relating to Agenda Item 13. She said it was too bad that some of the G.A.I.N. (Getting Arizona Involved in Neighborhoods) Night parties were cancelled due to poor weather. She complimented one host family who moved their party inside and had approximately 75 people in their house. She congratulated the Police Department and the Peoria School District on the successful outcome of the Pioneer School incident. She reminded citizens about Project Impact, noting that Glendale is the only city in the state to receive the designation of a Project Impact community for 2000. She said that today's school incident was a good example of why the community needs to come together to have plans on how to protect itself, possibly prevent some disasters, and react properly when disasters do happen. She encouraged everyone to get 33 involved with the program, stating that there is a role for each and every person. She thanked everyone for his or her participation during the meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 10:30 p.m. \ AMA— Pamela Oliveira - City Clerk 34