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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/27/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 27, 2001, 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; Rick Flaaen, Acting City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDLE CHARTER A statement was filed by the City Clerk that the two resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF FEBRUARY 13, 2001 It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on February 13, 2001, as each member of the Council had been provided copies in advance, and approve them as revised. The motion carried unanimously. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 9 by number and title. 1. AWARD OF PROPOSAL 00-77, PALM TREE TRIMMING Two proposals were received to provide the City's Right-of-Way Division with annual palm tree trimming services on public rights-of-way. An evaluation panel, consisting of staff from the Streets and Right-of-Way Divisions, reviewed the offers using specific evaluation criteria that included compliance with specifications, cost, references, and capabilities of firm and staff. The offer scored highest by the panel was submitted by United Right-of-Way. The initial term of the contract shall be for a one-year period, beginning with City Council approval. The terms of the contract contain an option clause that permits the City, at the discretion of the City Manager, to extend this agreement for an additional four years, in one-year increments. Funding is available in the Right-of-Way Division operating budget, Account Number 12-6224-7330. 1 The recommendation was to award the contract for palm tree trimming to United Right-of-Way in an amount not to exceed $39,656, taxes included. 2. AWARD OF PROPOSAL 01-01, WATER AND SEWER RATE CONSULTING SERVICES The City is in need of a new water and sewer rate model as part of the comprehensive enterprise fund rate study which will be presented in the spring of 2001. Five proposals were received to provide consulting services for a water and sewer rate study and develop a long-range financial planning model. The consulting firm will evaluate the City's water and sewer rate structure and develop an electronic financial planning and rate model. The model will be used by City staff annually in determining the adequacy of water and sewer revenues based on total revenue requirements including, operations and maintenance, indirect costs, capital replacement, debt service, and required reserves. A final report will be due ninety days after award. Funding is available in Utilities Professional and Contractual Services Account Number 50-6410-7330. An evaluation committee, consisting of staff from Management and Budget, Materials Management, Engineering, Utilities, the Deputy City Manager's Office, and the Finance Department, reviewed the offers received. Specific evaluation criteria included: compliance with scope of work and specifications, work plan for achieving city objectives and timeline, qualifications, experience and references, and overall cost. The proposal scored highest by the committee was submitted by the Management Consulting Division of Black & Veatch. Black & Veatch was selected due to its extensive experience, number of local references, technologically advanced computer model, and close proximity of resources. The recommendation was to award the contract for water and sewer rate consulting services to Black & Veatch in the amount $74,900, taxes included. 3. AMENDMENT TO PROPOSAL 96-04, LANDFILL EQUIPMENT SERVICE On May 14, 1996, the City Council authorized an annual contract for landfill equipment maintenance to Empire Machinery for $143,760. On April 14, 1998, the City Council authorized an increase to the original expenditure authority of $100,000 per year, due to increasing annual landfill tonnage, and the required maintenance and service costs relating to the addition of one landfill compactor. Over the past three years, two compactors have been replaced by larger compactors and an additional bulldozer is scheduled to begin service in March of 2001. In addition to the need for accelerated equipment maintenance, substantial unexpected repairs were required this year on several existing machines. 2 The annual landfill tonnage has increased by 61 ,278 tons since 1998. Last year, the blended average per ton charged to all landfill users amounted to $18.54 per ton. The increase in tonnage resulted in an additional $1 ,136,094.12 being brought into the landfill fund for this year, or an increase of $2,611 ,118 since 1998. In order to maintain the increased revenue stream, staff was requesting an additional increase in expenditure authority in the amount of $259,600, on an as-needed basis for this fiscal year. If approved, the total costs for the year for all services will not exceed $503,360. Funding is available in Landfill Contractual Services Account Number 55-6235-7300. The current contract expires May 31, 2001. A new contract will be issued to include major repairs only, because additional staff has been hired by the City to more economically perform minor repairs and maintenance. The recommendation was to approve the change order in the amount of $259,600 for landfill equipment services. 4. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT - BETHANY HOME ROAD STREET AND STORM IMPROVEMENTS This was a request for City Council approval of Amendment No. 2 to the professional services agreement with Stanley Consultants, Inc. in the amount of $54,334.99 for the performance of additional engineering services. The original professional services agreement was approved by the City Council on May 11 , 1999 in the amount of $599,346. Amendment No. 1, for waterline design and groundwater blending plan, was for $43,457.03. This amendment will bring the total amount of the contract to $697,138.02. The Maricopa County Flood Control District (MCFCD) updated the Maryvale Area Drainage Master Study (ADMS) for the design of the Bethany Home Road Outfall Channel in September of 2000. The design flow values from this report were used for the design of the Bethany Home Road storm drain. In January of 2000, after the Bethany Home Road storm drain design was more than 60% complete, the MCFCD presented a second updated ADMS. The updated ADMS increased the design flow values. The storm drain design had to be re-evaluated and revised to accommodate the new updated design discharges. Additional right-of-way along Bethany Home Road was proposed to construct the desired improvements. The street improvements and storm drain plans were designed to the proposed right-of-way limits. The right-of-way negotiations required more time than anticipated and not all negotiations were successful. The project schedule had to be extended to complete the right-of-way negotiations and the plans revised to conform to the existing right-of-way that was acquired. Funds for Amendment No. 2 in the amount of $54,334.99 are available in Bethany Home Road, 67th to 83rd Avenues, Account Number 61-8816-8330. 3 The recommendation was to approve Amendment No. 2 to the professional services agreement with Stanley Consultants, Inc. in the amount of $54,334.99. 5. AWARD OF CONTRACT FOR IMPROVEMENTS TO THE PUBLIC HOUSING RENTAL COMMUNITIES On September 12, 2000, the Mayor and Council previously approved the acceptance of a Capital Fund Program grant (CFP) provided through the Department of Housing and Urban Development (HUD) to be used to make improvements to the interiors and exteriors of the public housing rental communities. In response to a published solicitation, three bids were received for improvements to the Lamar Homes public housing rental community, located at 6100 West Lamar Road. A low bid of $57,625 was received from Maycon Iron Development, and was deemed to be a responsive bid. The improvements will include the addition of perimeter fencing, wrought iron-gated entries, landscaping and dumpster enclosures. It was proposed to award the contract to the low bidder, Maycon Iron Development. The recommendation was to award a contract to Maycon Iron Development in the amount of $57,625 for the exterior improvements at Lamar Homes rental community. 6. MAINTENANCE AGREEMENT - LIBRARY COMPUTERS The City currently has a yearly maintenance agreement with Epixtech, Inc. (formerly Ameritech Library Services), the library's automation vendor, for on-call and preventive maintenance of the computer systems, peripheral computer equipment and system software. The agreement is designed to protect the City's extensive investment in these systems by providing (1) a method to replace and/or repair broken or defective equipment within a prescribed period of time, minimizing impact upon internal operations and external delivery of services; (2) scheduled preventive maintenance to isolate and correct potential problems; and (3) software upgrades and enhancements. Epixtech, Inc provides proprietary technology; therefore, it is a sole source automation vendor with a fixed amount for maintenance costs, based upon the City's configuration of equipment. Due to the customized hardware and software configuration, it is impossible for any other vendor to maintain the hardware and/or provide necessary software upgrades. Funding has been appropriated in Account Number 01-4510-7450, Equipment Maintenance. The recommendation was to authorize City staff to execute the renewal of this maintenance contract from Epixtech, Inc. in the amount of $76,153.74. 4 7. AWARD OF CONSTRUCTION CONTRACT — TRAFFIC SIGNAL IMPROVEMENTS AT LUKE AIR FORCE BASE NORTH AND SOUTH GATES This was a request for City Council award of a construction contract to AJP Electric Contracting in the amount of $95,182 for the construction improvements of two traffic signals at Luke Air Force Base Main Gate and South Gate entrances. The City Council approved the funding and acceleration of these improvements at the September 12, 2000 Council Meeting. This project will include new electrical conduits, and upgraded signal equipment with fully protected left-turn phasing on some approaches. Signal interconnection along Litchfield Road is also included. Five bids were received and opened on February 15, 2001. AJP Electric Contracting, a qualified and licensed contractor, submitted the lowest base bid in the amount of $95,182. The Transportation Department staff reviewed the bids and qualifications of the low bidder and recommended award of the contract to AJP Electric. Funds for this project are available in Transportation Department, Traffic Signal Account Number 12-6322-7330. The recommendation was to award the construction contract to AJP Electric Contracting in the amount of $95,182. 8. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES: FALL 2000 NEIGHBORHOOD PARTNERSHIP IMPROVEMENT GRANTS On November 28, 2000, the Mayor and City Council approved six Neighborhood Partnership improvement grant requests. Of these, three require formal design by an architect. This was a request for City Council approval of a professional services agreement with Premier Engineering, Inc., in the amount of $38,005 to perform design services for the following three Fall 2000 Neighborhood Partnership improvement grants: 1. O'Neil Ranch Neighborhood — The neighborhood received a $249,560.05 grant to install new park equipment and irrigation improvements within O'Neil Park. The cost to design this project will amount to $18,085. 2. Shamrock Mobile Home Park — The neighborhood received a $79,444.94 grant to install sidewalk and landscaping along the south side of Glendale Avenue from approximately 84th to 85th Avenues. The cost to design this project will amount to $5,250. 3. Sweetwater Estates — The neighborhood received a $16,500 grant for design services to design an eight-foot wall and landscaping along the west side of 59th Avenue, from just south of the Thunderbird-Paseo Park and Salt River Project Canal, to Sweetwater Avenue. The cost for the design services will amount to $14,670. The balance of the funds will be applied to future neighborhood grant cycles. 5 On December 12, 2000, a request for proposal was issued for landscape design services for the Fall 2000 neighborhood grants. On January 8, 2001 , two firms responded with proposals that were reviewed and ranked by a staff review team. Among the criteria used to evaluate the responses were qualification and experience, understanding of the project scope, project scheduling and coordination, overall capability to perform the requested work, the location of the firm's office, and the current workload level(s) of the firm. As a result of the review process, Premier Engineering was selected as the best, most responsive, and qualified consultant. If approved by the Mayor and City Council, design work will commence and architects from the firm will begin working immediately with representatives from each of the neighborhood associations. Funds for the design services are available in the 2000-2001 Neighborhood Partnership budget, Account Number 01-8968-8330. The recommendation was to approve the professional services agreement with Premier Engineering, Inc. in the amount of $38,005. 9. APPROVAL OF NEIGHBORHOOD SMALL GRANT AWARD: SUNCREST HOMEOWNERS' ASSOCIATION The Neighborhood Partnership "Small Grants Program" was created to serve as a resource for older neighborhoods and encourage them to seek funding for small-scale neighborhood improvements, enhancements, and creative "neighborhood building" projects. As approved by the Mayor and Council, the Small Grants Program requires each eligible applicant to match at least one-third of the amount requested with any combination of cash, "sweat equity", and/or donated services or materials. Additionally, grant amounts are "capped" at $2,500 per grant. Over the past twelve months, there have been eight small grant-funding opportunities, all of which have been publicized in program newsletters, media stories, and on the City's Internet web site. Including this grant, seven different neighborhoods have applied for and received small grant funds over the past twelve months. As a result of the Fall 2000 Funding Cycle, the following small grant request was received: The Suncrest Homes Association (51St Lane — 52nd Avenue; Sanna Drive south to Olive Avenue) was requesting $1 ,806.45 for the installation of thorny plant material and irrigation on the inside portion of its perimeter fence located along Sanna Drive, to enhance the security and appearance of the neighborhood. The Neighborhood is pledging $2,990.15 in the form of a cash match. 6 On February 7, 2001, the "Small Grants Subcommittee" of the Citizens' Advisory Commission on Neighborhoods met and reviewed this request. The subcommittee voted to recommend approval of the request. The subcommittee then forwarded its recommendation to the full commission for review and approval. At its February 7, 2001 regular meeting, the Commission on Neighborhoods unanimously voted (9-0) to accept the findings of the subcommittee and recommend them to the Mayor and Council for formal consideration and approval. If approved by the Mayor and Council, the total amount of the grant award will be $1 ,806.45. The request meets the required one-third neighborhood match requirement of the program. Funds are available in the Neighborhood Partnership Fund, Account Number 01-8968-8330. The recommendation was to approve the Small Grant request as recommended by the Commission on Neighborhoods. CONSENT RESOLUTIONS 10. AGREEMENT FOR THE SALE OF EFFLUENT WATER BY THE SUBREGIONAL OPERATION GROUP TO PINNACLE WEST The Subregional Operation Group (SROG) owns and operates the 91st Avenue Wastewater Treatment Plant and is comprised of the cities of Glendale, Mesa, Phoenix, Scottsdale, and Tempe. The Subregional Operation Group was formed in 1979 to provide regional wastewater treatment for cost efficiency and economy of scale. The City of Glendale has been a member of SROG since its inception. Pinnacle West Energy (PWE) Corporation has approached SROG with the request to purchase up to 6,500 acre-feet of treated effluent per year. This water will be used as the primary cooling water at the Redhawk Electric Generating Facility. The agreement provides for the sale of effluent at $75 per acre-foot for calendar years 2002-2007 and $100 per acre-foot for calendar years 2008-2026, along with an annual escalator clause. In order to enter into an agreement with Pinnacle West Energy Corporation, each City within the SROG must approve the purchase. This proposed agreement presents an opportunity for SROG and the City of Glendale to recoup $45 more per acre-foot than the City is currently receiving from other contracts and lays the groundwork for the future sales of effluent water. The proposed agreement adds a take or pay clause and an escalator agreement, which is not part of the contract with Palo Verde. 7 The recommendation was to approve a resolution authorizing the City Manager to enter into an agreement with SROG to approve the sale of up to 6,500 acre-feet of treated effluent to PWE annually. Resolution No. 3446 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 CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITIES OF MESA, PHOENIX, SCOTTSDALE, TEMPE, AND THE PINNACLE WEST ENERGY CORPORATION FOR THE SALE AND PURCHASE OF TREATED WASTEWATER EFFLUENT FOR USE AT THE REDHAWK FACILITY. 11. INTERGOVERNMENTAL AGREEMENT FOR THE DESIGN AND RIGHT-OF- WAY ACQUISITION OF THE BETHANY HOME OUTFALL CHANNEL This was a request for approval of an intergovernmental agreement between the City of Glendale, the City of Phoenix, and the Flood Control District of Maricopa County (FCDMC) for the design and construction of storm drain facilities adjacent to the Grand Canal between Loop 101 (97th Avenue) and 67th Avenue. The drainage facilities will be constructed within both the City of Glendale and the City of Phoenix. This drainage facility will provide a major outfall for the City of Phoenix and for a large portion of the City of Glendale, removing approximately 745 homes from the floodplain. The drainage facility is to be built in the existing Grand Canal Linear Park between 75th and 83rd Avenues and along the projected linear park between 83rd Avenue and the Loop 101 drainage channel. As part of this project, the FCDMC will provide landscape and aesthetic improvements to return the existing park to its original status and to improve the undeveloped areas of the Grand Canal Linear Park. In an effort to consolidate efforts, the Parks and Recreation Department wishes to work with the FCDMC consultant to provide public input opportunities and design for the entire Grand Canal Linear Park beyond the FCDMC's responsibility. This will allow the park to be constructed concurrent with the drainage facilities. The consultant will be providing the City of Glendale Parks and Recreation Department with design services and public input opportunities that are considered extra work by the FCDMC. Therefore, the Parks and Recreation Department will be using capital improvement project funds designated for design and construction of the Grand Canal Linear Park to cover any scope of work that is not part of the Bethany Home Outfall Channel Project. The Parks and Recreation Department has $250,000 available in Zone 1 Grand Canal Linear Park Account Number 14-9002-8300 for the additional scope of work. The cities of Glendale and Phoenix and the FCDMC have completed a pre- design process that, through a series of public meetings, have determined the 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 FCDMC have negotiated a cost sharing for the project, with the FCDMC paying 50% and the Cities of Glendale and Phoenix paying 25% each. 8 The design and construction will be done in phases contingent on funding availability. The first segment of design will extend from the Loop 101 drainage channel east, crossing under 91s and 83rd Avenues, and the Grand Canal, to a point east of 83`d Avenue. Payments for the design will be programmed for two fiscal years, at a total amount of $450,000. Right-of-way acquisition and construction of Phase One is proposed to begin when funds become available in Fiscal Year 2002-2003. The total estimated cost for Phase One of the storm drain project is estimated at $14,800,000, including design and right-of-way. The City of Glendale's portion of this cost is estimated at $3,700,000. Funds for the storm drain will come from the sale of flood control bonds in the following schedule: $200,000 in Fiscal Year 2000-2001 , $250,000 in Fiscal Year 2001-2002, and $3,250,000 in Fiscal Year 2002-2003. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign any and all documentation relating to this request. Resolution No. 3447 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 AND THE CITY OF PHOENIX FOR THE DESIGN AND RIGHT- OF-WAY ACQUISITION FOR THE BETHANY HOME OUTFALL CHANNEL. It was moved by Lieberman, and seconded by Eggleston, to approve the recommended actions on Consent Agenda Item Nos. 1 through 11 including the approval and adoption of Resolution No. 3446 New Series and Resolution No. 3447 New Series. The motion carried unanimously. PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 12. REZONING APPLICATION Z-00-18: 5924 WEST CHOLLA STREET Ms. Victoria Carella, Senior Planner, presented this application by the West Valley Unitarian Universalist Church to rezone a 2.1 acre property from A-1 (Agricultural) to RR-45 (Rural Residential). The site is located at the northwest corner of Cholla Street and 59t Avenue. It is currently vacant. The owner intends to develop a church on the site. The RR-45 district allows churches subject to conditional use permit approval. The requested RR-45 zoning is consistent with the General Plan designation of Residential, 1 — 2.5 dwelling units per gross acre. The proposed zoning will allow future development that is compatible with existing development in the area. 9 At its hearing held on January 4, 2001, the Planning Commission recommended approval of Rezoning Application Z-00-18, subject to one stipulation. The stipulation requires all half-street improvements on Cholla Street adjacent to the site be completed with the first phase of development of the property. No one other than the applicant spoke at the hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-00-18 subject to the stipulation recommended by the Planning Commission. Mayor Scruggs called for the applicant. Mr. William J. Norman, a resident of the City of Peoria, Secretary of the Church Board and Chairperson of the Building Committee, commented on the request. Mayor Scruggs opened the public hearing on Agenda Item No. 12. As there were no comments, she closed the public hearing. It was moved by Clark, and seconded by Goulet, to approve Rezoning Application Z-00-18, subject to the stipulation recommended by the Planning Commission. The motion carried unanimously. 13. ZONING VARIANCE APPLICATION APPEAL FOR ZV-00-29: 6741 NORTH 55TH DRIVE Mr. Ray Jacobs, Zoning Administrator, presented this request by Mr. Mel Smith to appeal the Board of Adjustment's approval of Variance Application ZV-00-29. The variance request will allow 5 foot and 10 foot side setbacks where 20 feet is required in an R-3 (Multiple Residence) zoning district. The property is located at 6741 North 55th Drive. On December 14, 2000, the Board of Adjustment conducted a noticed public hearing on Variance Application ZV-00-29. The Board approved the request after determining that it did meet all the findings required by the Arizona State Statutes and the Glendale Zoning Ordinance. The required findings are as follows; 1. There are special circumstances or conditions applicable to the property including its size, shape, topography, location, or surroundings, which were not self imposed by the owner; 2. Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties of the same classification in the same zoning district; 3. The variance is the minimum necessary to alleviate the property hardship; and 10 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the City in general. The record of the December 14, 2000, Board of Adjustment hearing consists of the following exhibits: A. Planning Department's staff report to the Board of Adjustment with attachments. B. Verbatim minutes of the December 14, 2000, Board of Adjustment meeting. C. Mr. Mel Smith's letter for appeal dated December 28, 2000. The recommendation was to review the record of the Board of Adjustment, consider Mr. Mel Smith's appeal, and, based upon the evidence before the Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's decision. Councilmember Clark asked why the Council would encourage this project to have alley access. Mr. Jacobs explained that it is appropriate to have alley access due to the location of the carport. He confirmed for Councilmember Clark that other properties in the area have alley access. He said, if the alley provides access to existing properties and the alley is in reasonable repair, the City usually permits the alley to remain. Mayor Scruggs reviewed the rules for the hearing, as set forth in Section 3.709 of the City Zoning Ordinance. Mayor Scruggs called upon Mr. Mel Smith, who chose not to make any comments. Mr. Chris Wolf, President and Chief Executive Officer of Habitat for Humanity, Valley of the Sun, Inc., said he supported the previous variance on ZV-00- 29. He noted that it was part of a revitalization effort and given only after a number of open hearings. Councilmember Goulet asked Mr. Wolf if it was typical for homes in the area to have alley access. Mr. Wolf said, although they have the ability to provide off-street parking by going to much narrower setbacks, alley access provides for better side yards. Councilmember Clark asked Mr. Wolf why they did not place the carport towards the front of the property to allow street access. Mr. Wolf explained that they negotiated the location of the carport with City staff and, because of the narrowness of the property, alley access was found to be the most appropriate option. He explained that a front carport would provide only three or four foot side setbacks. Councilmember Clark noted that most subdivisions place the garage at the front of the house. She 11 asked why this project was not being built to that same standard. Mr. Wolf explained that most subdivisions, where the garage is at the front of the house, place the living area to the back. He said placing the living area towards the front of the house provides a much safer living environment and encourages community-oriented neighborhoods. Councilmember Martinez asked for confirmation that those who attended the neighborhood meetings generally supported the project. Mr. Wolf said the only opposition they had received was from one gentleman who was under the impression they were building multi-family rental units. He said, once the gentlemen understood that they were building single-family owner-occupied homes, they had received no other substantial opposition. He noted that they had held several open neighborhood meetings before they even considered building the first home. Councilmember Lieberman asked how many other 50-foot lots were in the immediate area. Mr. Wolf said the majority of the neighborhood is made up of 50-foot wide lots and all of the lots they had purchased, with one exception, were 50-foot wide. Councilmember Lieberman asked how the rest of the lots work with the 20-foot side setback requirements. Mr. Wolf said every lot they have purchased or attempted to purchase has required, or will require, a zoning variance based on the current R-3 zoning. Councilmember Lieberman asked what the lots on either side of the subject property have done for side yards. Mr. Wolf said many of the lots in the neighborhood were built prior to the R-3 zoning; therefore the existing structures were grandfathered in. He stated that none of the single-family homes in the community have 20-foot setbacks. Mayor Scruggs again offered Mr. Mel Smith the opportunity to address the Council. Mr. Smith declined. It was moved by Eggleston, and seconded by Goulet, to affirm the Board of Adjustment's decision. Councilmember Martinez said, after reviewing the record, he believed the four findings had been met. He spoke about the neighborhood's previous condition and the Council's effort to improve it. Councilmember Clark said she appreciated what Habitat for Humanity has done for people throughout the country and believed it was a most worthwhile organization. She stated, however, that she would not support the project because the house next door has a carport in the front. She expressed her opinion that Council should not encourage alley access. She asked Habitat to find a way to put the carport towards the front of the property. Councilmember Goulet said they have seen a dramatic improvement in the neighborhood and it is important to consider what is being added to the neighborhood. He expressed his appreciation for the efforts of Habitat for Humanity. 12 Councilmember Lieberman said he believed the lot meets the four findings and, while he would also prefer locating the carport towards the front of the property, he believed the Board of Adjustment was correct in its finding. Upon a call for the question, the motion carried on a roll call vote, with the following members voting "aye": Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": Clark. ORDINANCES 14. PROPOSED CODE REVISIONS Mr. Dan Gunn, Code Compliance Manager, presented this item. At a Workshop meeting held in October of 2000, staff presented proposed new codes that would expand the City's enforcement authority to deal with nuisance-related issues. At a subsequent Workshop session held in October of 2000, staff presented various proposed revisions that would consolidate and clarify codes that apply to Chapter 25 — Nuisances. At the direction of the City Council, staff was asked to clarify seven of the proposed revisions. The City Council also requested that staff review the City's current codes as they relate to loud music emitted from vehicles, i.e. boom boxes. At a Council workshop held in January of 2001, staff presented clarification on seven of the proposed revisions and, in collaboration with the Police Department, presented proposed revisions to deal with noise from engine braking and from boom boxes. These proposed revisions would apply to codes in Chapter 24 — Motor Vehicles and Traffic and Chapter 25 - Noise. Council directed staff to bring the proposed new codes and the proposed code revisions forward for formal adoption. The proposed new codes would regulate palm tree maintenance as it relates to health and safety, recurring illegal dumping on vacant lots, odors, and the number of vehicles that may be displayed for sale in a twelve-month period at a residence. The various proposed code revisions would consolidate and clarify existing codes that apply to Chapter 25 — Nuisances. With more citizens accessing the codes on Glendale's web site, the proposed revisions will provide citizens a better understanding of the most commonly violated City codes. The proposed revisions to Chapter 24 — Motor Vehicles and Traffic and Chapter 25 — Noise, will provide the City enforcement authority to deal with noise from engine braking and boom boxes. The current City codes do not regulate this type of noise nuisances. The recommendation was to waive reading beyond the title and adopt an ordinance approving the proposed new codes and various proposed Code revisions and amending other codes to conform to the requirements of the code revisions. 13 Ordinance No. 2186 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 GLENDALE CITY CODE CHAPTERS 6, 18, 24, 25, 26, AND 29.1 RELATING TO NUISANCES. Councilmember Clark asked what efforts would be made to get information about the revisions to the City Code out to the public. Mr. Gunn said he and Mr. Jerry McCoy, Marketing/Communications Manager, were working to get information out through the Marketing Department via the City's cable television Channel 11, the Connection, and newspapers. Councilmember Frate asked how soon the City Code revisions would take effect. Mr. Gunn said, once adopted, there would be a 30-day waiting period before the revisions actually go into effect. Mayor Scruggs stressed the importance of letting people know about the City Code revisions. She said she hoped that the Marketing Department would use all means available to get the information out to the public. Mr. Gunn said it was their intention to get the information out in as many ways as possible. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2186 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. 15. REAL ESTATE EXCHANGE AGREEMENT WITH FIRST SOUTHERN BAPTIST CHURCH OF GLENDALE Mr. Larry Broyles, Assistant City Engineer, presented this item. In June of 2000, the City of Glendale purchased 5.1 acres of property from the First Southern Baptist Church of Glendale at 59th Avenue and Brown Street. The property was purchased to construct an Adult Center being relocated from the downtown area. As the design of the Adult Center progressed, the boundaries of the original purchase were changed to accommodate more parking for the Adult Center. The easterly portion of the property was retained by the Baptist Church to construct a new campus. The site design of the two facilities did not provide for adequate shared parking as anticipated in early negotiations. The City of Glendale and Church staff worked out an exchange agreement, which simplifies the property boundaries. Terms of the agreement provide for the exchange of approximately one-half acre from the Church to the City and approximately one-fifth of an acre from the City to the Church. Additionally, the Church will grant an easement for parking over one-half acre to be used as shared parking to be maintained by the City. There are no costs associated with the exchange of property. 14 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 and to sign any and all documentation necessary to complete this transaction. Ordinance No. 2187 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 EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF GLENDALE AND THE FIRST SOUTHERN BAPTIST CHURCH OF GLENDALE AT 59TH AVENUE AND BROWN STREET, IN MARICOPA COUNTY, ARIZONA, FOR SHARED PARKING AND REALIGNED BOUNDARIES BETWEEN THE CHURCH AND THE GLENDALE ADULT CENTER, AND DIRECTING THE EXECUTION OF A REAL ESTATE EXCHANGE AGREEMENT AND ESCROW INSTRUCTIONS. Mr. Tom Cramer, Sr., a resident of the City of Glendale Cholla District, voiced his support for the request. He said the property, where the Church is currently located, is owned by the City of Glendale and, because of the Civic Center, the Church is unable to expand. He said the Church's new location at 59th Avenue and Brown Street is a good example of how the City can work in partnership with a property owner. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2187 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 16. BOARDS AND COMMISSIONS Appointment is to be made to the following boards and/or commissions that have a vacancy or expired term. Effective Term Date Expires Citizen's Advisory Commission on Neighborhoods Lugo, Louis (At-Large) Appointment 02/27/2001 06/30/2002 15 Effective Term Date Expires Commission on Persons With Disabilities Gentry, Donnell Chair Appointment 02/27/2001 02/26/2002 Schooley, June Vice-Chair Appointment 02/27/2001 02/26/2002 Schooley, June (Barrel) Re-appointment 02/27/2001 02/26/2003 Baldwin, Pam (Sahuaro) Re-appointment 02/27/2001 02/26/2003 Maxon, Elaine (Sahuaro) Appointment 02/27/2001 02/26/2003 Soto, Veronica (Cactus) Appointment 02/27/2001 02/26/2003 Scholtes, Lorraine (Cactus) Appointment 02/27/2001 02/26/2003 Housing Advisory Commission Arnold, Mary (At-Large) Appointment as Chair 02/27/2001 07/01/2001 Benavides, George(At- Large) Appointment as Vice-Chair 02/27/2001 02/27/2002 Library Advisory Board Frei, Kevin (At-Large) Appointment 02/27/2001 05/26/2002 Parks & Recreation Advisory Commission Kelly, Christopher (At-Large) Appointment 02/27/2001 05/26/2002 Marshall, Erica Kay (At-Large) Appointment 02/27/2001 05/26/2002 Stahl, James Scott (Ocotillo) Re-appointment 04/09/2001 04/08/2003 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above the Citizen's Advisory Commission on Neighborhoods, the Commission on Persons With Disabilities, the Housing Advisory Commission, the Library Advisory Board, and the Parks & Recreation Advisory Commission, for terms listed above. 16 Mayor Scruggs pointed out that, for the first time in history, three of the nominees are teens who will be appointed as full-voting members of the Boards and Commissions. Upon a call for the motion, the motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Goulet, to hold a City Council Workshop at 1:30 p.m. on Tuesday, March 6, 2001, 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 No requests from citizens to speak at the meeting were received. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark paid tribute to Ms. Lillian Hamilton, Director of Neighborhood Services, who had recently passed away. She suggested that a public housing facility be named after Ms. Hamilton, in memory of her contributions to the City. Councilmember Lieberman agreed that they had lost a good friend, a valuable City employee, and a great asset to the City of Glendale. He said he would also support naming a project after Ms. Hamilton. Vice Mayor Eggleston and Councilmember Martinez stated that they, too, would miss Ms. Hamilton. Councilmember Frate agreed that Ms. Hamilton will be missed. He congratulated the teen appointees. Mayor Scruggs expressed the Council's pride in the teen appointees. She said the words of tribute expressed about Ms. Hamilton were felt throughout the community. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. . / Pame! Oliveira - City Clerk 17