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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/27/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MARCH 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, 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 7 resolutions and 2 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 27, 2001 AND MARCH 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 27, 2001 and the Special Council Meeting held on March 13, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS RECOGNITION OF ED BEASLEY AS THE RECIPIENT OF THE 2001 JACK DEBOLSDKE PROFESSIONAL EXCELLENCE AWARD Mr. Ed Beasley, Assistant City Manager for the City of Glendale, has been recognized with a lifetime achievement award from the Arizona City/County Management Association. He is the recipient of the 2001 Jack DeBolske Professional Excellence Award for his leadership role in developing outstanding municipal programs and his ongoing dedication to public service. The Jack DeBolske Award was established in 1998 and was named after Jack DeBolske, a past Executive Director for the Arizona League of Cities and Towns and the Maricopa Association of Governments. Mr. Beasley has been the Assistant City Manager for the City of Glendale since 1994. He currently serves on the Arizona Joint Board on the Regulation of Physicians Assistants, the Arizona Board of Athletic Training, and the Arizona State Commission on Judicial Performance Review. He has also contributed countless hours of community service in a variety of areas. 1 Mr. Paul Nordin, Town Manager of Fountain Hills and the 2000 President for the Arizona City/County Management Association, presented the 2001 Jack DeBolske Professional Excellence Award to Mr. Ed Beasley. Mr. Beasley expressed his appreciation to Mayor Scruggs, the City Council, the City Manager, and staff for their direction and support. PROCLAMATION OF RECOGNITION FOR GLENDALE POLICE COMMUNICATION SPECIALISTS The professional public safety dispatcher plays a crucial role in the protection of life and property and the preservation of society and its laws. These professionals are the "first responder" to many emergencies in the City of Glendale. Dispatchers with the City of Glendale process over 500,000 telephone calls annually, dispatching approximately 135,000 calls to field personnel. These highly dedicated and deeply motivated staff members serve the citizens of Glendale around the clock. Glendale is proud to have professional telecommunicators who work to improve the emergency response capabilities of our public safety communications systems to better serve Glendale citizens. Mayor Scruggs presented the proclamation recognizing April 9-14, 2001 as Telecommunicators Week to Ms. Sheila Pattee, Police Operations Manager. Ms. Dele Downs, Police Communications Specialist; Ms. Martha Henderson, Police Communications Supervisor; and Ms. Sherrie Clark, Police Communications Supervisor, joined Ms. Pattee in accepting the proclamation. Ms. Pattee thanked Mayor Scruggs and the Council on behalf of all personnel in the 911 Center. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 7 by number and title. 1. REQUEST FOR FUND TRANSFER On March 13, 2001, the Glendale City Council adopted Resolution No. 3448, New Series and Resolution No. 3449, New Series which called and noticed the May 15, 2001 Special Referendum Election. This election was not planned for or budgeted in the Fiscal Year 2000-2001 City Clerk Department Election Budget. The election was called in accordance with the Arizona State Statutes as a result of referendum petitions circulated by the Hayscale, L.L.C. Referendum Committee. The Contingency Fund is used as the source of funding for emergency expenditures. The City Clerk requested that $112,575 be transferred to the City Clerk Department Election Budget to cover expenditures for the Special Referendum Election 2 on May 15, 2001. This is the same amount that was budgeted for the 1999 Bond Election. The recommendation was to approve the immediate transfer of $112,575 from the City of Glendale Contingency Fund to the City Clerk Department Election Budget (01-1220) for expenditures incurred as a result of conducting the May 15, 2001 Special Referendum Election. 2. PURCHASE OF ADULT CENTER BUS On June 27, 2000, the City Council awarded Request for Proposal 00-26, Transit/Dial-a-Ride Buses, to Arizona Bus Sales for the purchase of five buses. The terms of the contract contain an option clause that permits the City, at the discretion of the City Manager, to purchase up to five additional buses over a period of three years at the specified proposal prices and conditions. The Dial-a-Ride van specifications meet the needs of the Adult Center and is handicap accessible. Staff wishes to exercise the City's option of purchasing one bus for the Adult Center as a replacement for a 1987 van. Dial-a-Ride has allowed the Adult Center to utilize the option clause, leaving four purchase options available to Dial-a-Ride. The vehicle is new, with a full-factory warranty, and funds are available in the Vehicle Replacement Fund, Account Number 41-6255-8400. The recommendation was to authorize the purchase of one bus for the Adult Center in the amount of $58,947.65, taxes included. 3. ULTRAVIOLET DISINFECTION SYSTEM MAINTENANCE AND REPAIR PARTS Traditionally, water reclamation facilities used chlorine to kill bacteria; however new technology has evolved. Approximately a year and a half ago, the Arrowhead Water Reclamation Facility (AWRF) converted from using chlorine to kill bacteria to using ultraviolet (UV) disinfecting technology. The West Area Water Reclamation Facility (WARF) also uses this technology. Hundreds of UV lamps emitting UV light into the water are used to irradiate and kill bacteria. The lamps at both facilities are on constantly and must be replaced periodically. Other components must also be replaced regularly as part of the maintenance of the UV disinfecting systems. The repair and maintenance items are available only through the manufacturer Trojan Technologies Inc. Funding is available in the AWRF and WARF Operating Budgets, Account Numbers 50-6432-7520 and 50-6430-7520. The recommendation was to approve the ongoing purchase of maintenance and repair parts for the UV disinfecting systems from Trojan Technologies Inc. in the amount of $100,000 for Fiscal Year 2000-2001 , taxes included. 3 4. APPROVAL OF NEIGHBORHOOD SMALL RANT AWARD: BETHANY HEIGHTS NEIGHBORHOOD 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 three months, there have been three small grant-funding opportunities, all of which have been publicized in program newsletters, media stories, and on the City's Internet website. Including this grant, two different neighborhoods have applied for and received small grant funds over the past three months. As a result of the Spring 2001 Funding Cycle, the following Small Grant request was received: The Bethany Heights Neighborhood Association (45th Avenue — 49th Avenue; Bethany Home Road to Missouri Avenue) is requesting $2,500 in small grant funds to purchase duplicating and mailing services for newsletters and monthly meeting flyers. The Neighborhood Association is pledging $4,008.96 in the form of sweat equity. On March 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 March 7, 2001 regular meeting, the Commission on Neighborhoods unanimously voted (10-0) 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 would be $2,500. The request meets the required one-third neighborhood match requirement of the program. Funds are available in Neighborhood Partnership Fund Number 01- 8968-8330. The recommendation was to approve the Small Grant request as recommended by the Commission on Neighborhoods. 4 5. AWARD OF CONSTRUCTION CONTRACT - EL CAMINITO NEIGHBORHOOD IMPROVEMENTS, 43R0 AVENUE LANDSCAPE AND SIDEWALK This was a request for City Council award of a construction contract to Terrain Systems, Inc. in the amount of $149,461 for the installation of street landscaping and sidewalk improvements. The improvements will be made along the west side of 43rd Avenue, from Royal Palm Road to Alice Avenue, in the El Caminito Neighborhood. This is a collaborative project with joint funding from a neighborhood grant project through the Neighborhood Partnership Program and the City's Arterial Street Landscaping/Beautification Program. This section of 43rd Avenue, from Royal Palm Road to Alice Avenue, was programmed for street landscape improvements in Fiscal Year 2000-2001 through the City's ongoing Arterial Street Landscaping/Beautification Program. On June 6, 2000, the Mayor and City Council approved a Spring 2000 Neighborhood Grant request in the amount of $62,700 from the registered El Caminito Neighborhood to fund the design and construction of a meandering sidewalk along this section of 43rd Avenue in conjunction with the planned landscape improvements. City staff and the project landscape architect worked with representatives of the El Caminito Neighborhood in the development of designs for the project. Five bids were received and opened on March 6, 2001. Terrain Systems, Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $149,461. Funds for the landscape improvements are available in Street Beautification Account Number 62-8559-8300. A budget transfer in the amount of $50,000 needs to be made from Neighborhood Partnership Account Number 01-8968-8330 into Street Beautification Account Number 62-8559-8300 to cover the installation of the sidewalk improvements portion of the project. As with previous neighborhood partnership grant projects, all unspent funds will be used for future neighborhood grant funding cycles. The recommendation was to approve the fund transfer and award the construction contract to Terrain Systems, Inc. in the amount of $149,461. 6. PROFESSIONAL SERVICES AGREEMENT - CITY OF GLENDALE WATER SYSTEM TREATMENT NEEDS STUDY This was a request for City Council approval of a professional services agreement with Black & Veatch in the amount of $44,820 for performance of a water system treatment needs study. The purpose of this study is to determine how much additional water treatment plant capacity the City will ultimately need, where the additional water treatment plant capacity should be built, and how much it will cost to build the additional water treatment plant capacity. 5 Because of the need to have the results of this study available to use with the water and sewer rates study, currently underway, rapid selection of a qualified consultant was required. Black & Veatch was selected because they have worked on several previous City water projects and, consequently, have first-hand knowledge of the City's existing water treatment, storage, pumping, and conveyance system. Funds for this project are available in the 2000-2001 Capital Improvements Program, Utilities Funds, Account Number 50-9213-8300. The recommendation was to approve the professional services agreement with Black & Veatch in the amount of $44,820. Mayor Scruggs asked if Black and Veatch did the original study or was in any way involved in the water and sewer rate study currently underway. Mr. Anderson stated that Black and Veatch was not involved in the original water system master plan or original treatment plant construction at the Cholla Water Treatment Plant. He explained that a financial arm of Black and Veatch is looking at the water sewer rate model, but it is totally independent and separate from their engineering arm. Mayor Scruggs asked Mr. Anderson for assurance that they do not have a firm reviewing and commenting on the validity of work performed by the same firm. Mr. Anderson confirmed that they are independent functions within the organization. He restated for Dr. Vanacour that Black and Veatch was not part of the Cholla Water Treatment Plant, the water system evaluation, or the original rate study. 7. FINAL PLAT APPLICATION P-99-08 "ARROWWOOD": 6725 WEST GREENWAY ROAD This was a request by Infinity Engineering Services, LTD. for final plat approval for a subdivision titled "Arrowwood". The site is located at the southwest corner of 67th Avenue and Greenway Road. The subdivision includes 73 single family lots, on 16.4 acres, at a density of 4.4 dwelling units per acre. Lots range in size from 5,015 square feet to 10,049 square feet. The minimum lot width is 50 feet. The final plat is in conformance with the R1-6 PRD (Single Residence Planned Residential Development) zoning and the preliminary plat approved by the Planning Commission on December 16, 1999. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application P-99-08. 6 CONSENT RESOLUTIONS 8. GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF POLICE MOTORCYCLES The Glendale Police Department was requesting authorization to submit a grant proposal to the Governor's Office of Highway Safety. The grant proposal pertains to the purchase of seven police-equipped motorcycles to be used for speed enforcement and the apprehension of impaired drivers. The seven motorcycles, equipped with police packages, will be used to expand the existing Traffic Enforcement Unit, which consists of fourteen motorcycle officers. The expanded element of the Traffic Enforcement Unit will allow for the deployment of motorcycle officers from the proposed West Public Safety Facility located at North 83rd Avenue and West Bethany Home Road and will service the needs of the community in the Western portion of Glendale. These motorcycles will be utilized to address traffic- related concerns and reduce the rate of traffic collisions. The total grant request is for $105,595. Funding will come from the Governor's Office of Highway Safety. There are no City-match funds requirements. The recommendation was to waive reading beyond title and adopt a resolution authorizing the submittal of projects and acceptance of any grant offers from the Governors Office of Highway Safety for Arizona's (2002) Highway Safety Plan. Resolution No. 3450 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION OF PROJECTS FOR CONSIDERATION IN ARIZONA'S (2002) HIGHWAY SAFETY PLAN. 9. GRANT FOR THE PURCHASE OF MOBILE DATA COMPUTERS FOR GLENDALE POLICE DEPARTMENT The Arizona Governor's Office of Highway Safety (GOHS) is making funds available to programs designed to address problems in the area of traffic records and reporting. The Glendale Police Department was requesting $48,000 in order to purchase Mobile Data Computers (MDC) to be placed in four additional patrol cars. The MDC's will allow the Police Department's investigators to produce an almost immediately available report in a professional format. In 1999, GOHS provided a grant in the amount of $36,000 for the purchase of four MDC's for one-half of the Accident Investigation Unit. The Glendale Police Department intends to purchase MDC's for each of the four remaining traffic investigators who are working without MDC capabilities if this grant is approved. Once issued, the MDC system will allow the investigators to carry laptops with them. They will be able to complete the collision investigation forms at the scene without traveling to a station, which takes away from their available time. The officers will be able to 7 download their reports to the records system at the conclusion of their shift, making the report and statistical data immediately available. Although uncertain of the potential numbers, the Police Department expects to be able to increase the number of collisions investigated by its Accident Investigation Unit. No additional funds will be required of the City of Glendale for the purchase of the MDC's. The Police Department will be requesting funds in Fiscal Year 2001/02 in order to have the MDC's placed in the personal computer replacement fund. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept a grant from the Arizona Governor's Office of Highway Safety for the purpose of obtaining funds to supplement the Police Department's existing traffic effort. Resolution No. 3451 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF MOBILE DATA COMPUTERS FOR THE GLENDALE POLICE DEPARTMENT. 10. ACCEPTANCE OF AN AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE GLENDALE POLICE DEPARTMENT The Department of Public Safety is authorized by A.R.S. 41-1713(B)(3) to contract with public agencies for cooperative assistance and by A.R.S. 41-1825 to expend monies from the Peace Officers' Training Fund for peace officer training. The Department of Public Safety has requested that a Glendale police officer become the Arizona Peace Officer Standards and Training Board In-Service Training Manager. The Arizona Peace Officer Standards and Training (AZPOST) Board agrees to reimburse the Glendale Police Department for certain payroll expenses of the officer- related assignment, specifically regular salary, extra time/overtime compensation, public liability, and hazardous waste insurance. The Glendale Police Department agrees to furnish an up-to-date invoice for each four-week period containing detailed salary and benefit information as may be required to facilitate the reimbursement process. The total amount to be reimbursed to the Glendale Police Department shall not exceed a total of $60,000 annually. The In-service Training Manager's responsibilities will include the following: • Coordinate and facilitate the in-service training programs offered by AZPOST. • Coordinate and assist the Subject Matter Expert (SME) Committees, with each of the instructor certifications overseen by AZPOST. 8 • Evaluate and review lesson plans for each of the in-service training classes to ensure that they fully utilize adult learning principles. • Provide assistance to all agencies and academies by helping to ensure that sufficient certified instructors are available. Benefits to the Glendale Police Department include the following: • Enhanced exposure of the City of Glendale Police Department statewide. • Increased accessibility to police training classes and seminars. The Glendale Police Department would like to assign this officer to the Arizona Peace Officer Standards and Training Board and, since the salary will be reimbursed, the Police Department requested that their authorized strength be increased by one Full-Time Equivalent (FTE). This FTE will then be eliminated after two years or when the assignment is terminated. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the submittal and acceptance of an agreement offer from the Arizona Department of Public Safety on behalf of the Arizona Peace Officer Standards and Training Board for the In-Service Training Manager and increase the Police Department's sworn strength by one FTE. Resolution No. 3452 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY ON BEHALF OF THE ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD FOR AN IN-SERVICE TRAINING MANAGER AND INCREASING THE GLENDALE POLICE DEPARTMENT'S SWORN STRENGTH BY ONE FULL-TIME EQUIVALENT (FTE). 11. COMMUNITY ACTION PROGRAM CONTRACT WITH MARICOPA COUNTY Glendale's Community Action Program provides direct services and referrals to a large number of low and moderate-income Glendale residents each year. Services include energy assistance payments; weatherization assistance; and emergency assistance for families, which includes homeless assistance and temporary rent subsidies. The Maricopa County Human Services Department has proposed to renew its contract to provide partial funding in the amount of $154,961 for the Fiscal Year 2001- 2002 operation of the Community Action Program. This proposed amount is the same amount provided in the current fiscal year. A portion of the Community Action 9 Program's funding is provided through the City of Glendale's General Fund, in the amount of $123,742. The City also provides in-kind contributions for office space, utilities, custodial services and miscellaneous operating expenses. Due to the timing of Maricopa County's budgetary process, it has been requested that the City approve the contract in March of 2001. Any subsequent changes in the contract amount, made by either entity, would be brought back to the City Council in the form of an amendment to the agreement. In addition to the operating funds, Maricopa County also provides direct service funds for various programs. To date this year, those direct benefit dollars have amounted to $219,386. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the submittal of a proposal and intergovernmental agreement with the Maricopa County Human Services Department for partial funding of the Community Action Program. Resolution No. 3453 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 SUBMITTAL OF A PROPOSAL AND THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY HUMAN SERVICES DEPARTMENT FOR EMERGENCY SERVICES, CASE MANAGEMENT, ONE-STOP CAREER CENTER OPERATION AND COMMUNITY SERVICES CONCERNING THE CITY OF GLENDALE'S COMMUNITY ACTION PROGRAM. 12. ARIZONA STATE PARKS HERITAGE FUND HISTORIC PRESERVATION GRANT APPLICATION FOR SAHUARO RANCH The City of Glendale plans to submit a Heritage Fund Historic Preservation grant application. This grant will be used to remove the existing cement patio and walkway surrounding the Historic Sahuaro Ranch's main and guest houses, restore the wood porches as they originally appeared in turn-of-the-century photographs, and install UV protective window film on four Sahuaro Ranch buildings. This project would eliminate serious weather damage problems and significantly increase the interpretive value of the buildings by providing a more complete picture of the lifestyles of Glendale's pioneer ranchers. The total project cost is $166,160. The grant request is for $74,600. If awarded, the cash match of $82,100 (49%) will come from the Grants Administration Matching Fund, Account Number 47-7075-7000. An in-kind match of $6,460 will be contributed by the Sahuaro Ranch Foundation and the Glendale Historical Society. 10 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the submission of the Heritage Fund Historic Preservation grant described herein and the required match, and provide authorization to accept the grant, if awarded. Resolution No. 3454 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 APPLICATION FOR HISTORIC PRESERVATION HERITAGE FUNDS FOR SAHUARO RANCH. 13. ARIZONA STATE PARKS HERITAGE FUND PARKS AND TRAILS GRANT APPLICATIONS In March of 2000, the City Council authorized the submission of a Heritage Fund application for the development of a Grand Canal Linear Park playground and the addition of amenities to the existing trail. The Parks and Recreation Department is re- submitting applications for these projects in 2001; therefore, a current-year Council resolution is required. • Heritage Fund Local and Regional State Park Development Application. A playground would be built on the northeast side of the Grand Canal, near Camelback Road and 75th Avenue. It would be the City's first playground designed specifically for physically-challenged children. The project is supported by the Parks and Recreation Advisory Commission, the Commission on Persons with Disabilities, and homeowners living nearby. The total project cost is $330,989. The match is $174,595 (53%) and the grant request is $156,394. • Heritage Fund Trail Amenities Application. This application proposes the addition of amenities, including shade trees and landscaping, seating areas, a water fountain, and bicycle racks along approximately one-third of the existing multi-use trail from the San Juan playground to Bethany Home Road. This project has the support of neighbors, local bicycle clubs, and equestrian groups. The total project cost is $107,980. The match is $60,000 (55%) and the grant request is $47,980. The required matching funds, a combined total of $234,595, will come from Zone 1 Park Development Impact Fees and park bonds designated for the completion of the Grand Canal Linear Park and Trails System. The recommendation was to waive reading beyond the title and adopt a resolution approving the Heritage Fund grant applications described herein; authorizing the required matching funds for both projects; and authorizing acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies, and Heritage Fund contractual guidelines. 11 Resolution No. 3455 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 APPLICATION FOR TRAILS HERITAGE FUNDS FOR GLENDALE'S GRAND CANAL LINEAR PARK TRAIL RENOVATIONS. Resolution No. 3456 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 APPLICATION FOR LOCAL, REGIONAL AND STATE PARK FUNDS FOR FY2001 GRAND CANAL LINEAR PARK ADA PLAYGROUND DEVELOPMENT. Mayor Scruggs opened the public hearing on Agenda Item No. 13. Mr. Leonard Clark. a resident of the City of Glendale Barrel District, said he agreed with the emergency transfer of funds for the election and he supported the adult center bus. He stated that, while he supported the City's purchase of police motorcycles, he believed the police officers would be better put to use in investigating crimes rather than focusing on speed violators. He said he was in favor of the Arizona State Parks Heritage Fund grants. It was moved by Lieberman, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 13, including the approval and adoption of Resolution No. 3450 New Series, Resolution No. 3451 New Series, Resolution No. 3452 New Series, Resolution No. 3453 New Series, Resolution No. 3454 New Series, Resolution No. 3455 New Series, and Resolution No. 3456 New Series. The motion carried unanimously. LAND DEVELOPMENT ACTIONS 14. REZONING APPLICATION Z-00-21: 7654 AND 7660 NORTH 63RD AVENUE Ms. Teresa Halverson, Planner, presented this application by Mr. Michael Kist to rezone a .95 acre property from R-4 (Multiple Residence) to M-1 (Light Industrial). The site is located approximately 1,020 feet north of the northwest corner of 63rd and Grand Avenues. It is currently vacant. The owner intends to construct an outdoor auto and RV (recreational vehicle) storage facility. The requested M-1 zoning is consistent with the General Plan designation of Light Industrial. M-1 zoning is a better fit for this site than the R-4 district. The character of the area is industrial and the small size of the site makes multiple residence development unsuitable. At its hearing held on February 1, 2001, the Planning Commission recommended approval of Rezoning Application Z-00-21, subject to two stipulations. The stipulations require the dedication of a half-width right-of-way on 63rd Avenue and that all half-street improvements be constructed. No one other than the applicant spoke at the hearing. 12 The recommendation was to conduct a public hearing and approve Rezoning Application Z-00-21, subject to the two stipulations recommended by the Planning Commission. Councilmember Clark asked what the height of the wall surrounding the storage area was. Ms. Halverson stated that the block wall would be eight-feet high. In response to Mayor Scruggs' question, Ms. Halverson assured Mayor Scruggs that the applicant would not be affected by the Grand Avenue Improvements. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Goulet, to approve Rezoning Application Z-00-21, subject to the two stipulations recommended by the Planning Commission. The motion carried unanimously. 15. REZONING APPLICATION Z-00-22: 9700 WEST CAMELBACK ROAD Mr. Ray Jacobs, Zoning Administrator, presented this item. This was a City Council Initiative to rezone from Maricopa County Rural 43 to A-1 (Agricultural) C-O to BP (Business Park) and C-2 P.D. to CSC (Community Shopping Center). The 160-acre property is located between 95th Avenue and Loop 101, from Camelback Road to Bethany Home Road. The City Council initiated this rezoning request at their September 12, 2000 meeting. City zoning must be placed on property within six months of annexation. State Statutes require that City zoning to be similar in density and intensity to the uses permitted by Maricopa County prior to annexation. The request will rezone the northern 80 aces Rural-43 to A-1. The southern 80 acres includes 22 acres of C-O to B-P and 58 acres of C-2 P.D. to CSC. The Vestar Co. proposes to develop the CSC portion of the request. The Agua Fria Towne Center community shopping center is planned for development in two phases. The proposed center proposes to include two big-box retail uses, related shops, and several PAD developments. The proposed Agua Fria Towne Center Master Development Plan is part of this application. At its hearing held on March 1, 2001, the Planning Commission recommended approval of Rezoning Application Z-00-22, subject to six stipulations. No one other than the Vestar Co. representative spoke at the hearing. The recommendation was to conduct a public hearing, and approve Rezoning Application Z-00-22, subject to the six stipulations recommended by the Planning Commission. 13 Mayor Scruggs noted a memorandum dated March 27th and the Citizen Participation final report listed the meetings as being held at the Desert Palms Elementary School at times and the Desert Mirage Elementary School at other times. She asked Mr. Jacobs to correct the errors for the record. She asked if support of the residents was conditioned on the park adjacent to Pendergast Estates. Mr Jacobs said staff had addressed the potential for a park located to the north in Stipulation 6, but the issue was not directly related to the application. Councilmember Clark said the neighborhood understood that the first parcel for development was the one immediately adjacent to Camelback Road. She stated that the parcel immediately west of their location was being rezoned A-1 and, at such time as the owner brings a development plan forward for that parcel, the neighborhood would expect the owner to come forward with a plan that includes acreage for the park site. She stated that the owner of the property indicated a strong willingness to dedicate 10 acres to the City for a park as a buffer between the Pendergast neighborhood and any future development. Councilmember Martinez asked for an explanation of the statement contained in the citizen participation report which states that the applicant tried to explain that the 1980 Ground Water Management Act does not allow agricultural uses to remain in the Phoenix active management area past the end of the third implementation period. Mr. Jacobs said that this was a global concern expressed on agricultural needs displaced by urban development. He said the point was that some agriculture would not be part of the long-term active management plan. Councilmember Martinez asked what the third implementation period referred to. Mr. Jacobs explained that the Arizona Department of Water Resources has different stages and phases of an implementation program in moving Valley communities away from ground water. Mr. Michael Curie with the law firm of Earl Curie & La•arde 3101 North Central Avenue. Phoenix. Arizona, representing the developer and property owner, said they had met several times with various representatives of Pendergast Estates and made a series of changes based on those meetings. He said the residents fully supported the project during the County process. He said they then went through the City process to convert the zoning and he believed the application was well received at the subsequent public meetings. He confirmed for Mayor Scruggs that there was never a link between the application and the park and the residents understood that this was a separate item. Mr. Curley clarified for Councilmember Clark that his client never made a commitment to dedicate 10 acres; however, they have committed to incorporating an open space buffer area into the business park development. Councilmember Clark stated that she must have misheard Mr. Hancock's statement during that citizen participation meeting, because she remembered him stating that he would be willing to donate the land in the interest of providing adequate buffering. Mr. Curley reiterated that they had not committed to donating any land, but were willing to work with the City if they were interested in purchasing the land. 14 Councilmember Clark expressed her disappointment. She stated that she and the neighbors who attended that meeting came away with a different view of the issue. She said she saw a site plan at the meeting that clearly showed a green parcel. Mr. Curley stated that this was where the confusion arose. He explained that the exhibit Councilmember Clark referred to was procured from the City and showed how 95th Avenue would continue north. He said he was careful to explain that the exhibit was a City document and not one they had produced. In response to Councilmember Clark's question, Mr. Curley stated they were not averse to the 95th Avenue alignment or to having a park at that location; however, he did not believe his client was willing to dedicate 10 to 15 acres to the City for that purpose. Councilmember Clark acknowledged the immediacy of the project, stating that she did not believe it would be appropriate to table the item. She said they would need to further discuss this item and come up with a favorable solution when the time comes to develop the agricultural parcel. Vice Mayor Eggleston said the neighbors were mollified on the large development because they thought the park was going to be developed. Mr. Curley stressed the fact that they never represented that they would place a park on their property. He said one of the major concerns for the residents of Pendergast Park was that of cut-through traffic. He said, in response, the City's Parks and Transportation Departments produced an exhibit, showing 95th Avenue veering off to the northwest and that this exhibit, as well as the City's General Plan, shows a park in the vicinity. Mayor Scruggs noted that a meeting was held with residents of Pendergast Estates in November of 2000 regarding annexation into the City. She said the residents expressed support for this project and indicated that the buffer was very important. She said, while there is no problem with this action, the applicant will be faced with the park issue when the A-1 parcel comes forward for development. She said she could not tell if the residents of Pendergast Estates were tying their support of the project to the park. Mr. Curley noted that, during their discussion at the neighborhood meeting, he specifically stated there was no guarantee that the park would be developed at that location. Councilmember Clark said she believed that the neighborhood came away feeling assured that the buffer Mr. Curley referred to would be a park and that their support was tied to that assurance. She said her comfort with the project was based mainly on the neighborhood's comfort with what was being proposed. She said she would be fully prepared to address the park issue when the applicant comes before Council with development plans for the A-1 parcel. Mayor Scruggs asked for confirmation that a buffer would be built by the owner of the property. Mr. Curley discussed the buffers that were included in the zoning stipulations. 15 Councilmember Martinez asked Mr. Warren Smith, Director of Parks and Recreation, if the General Plan shows a park at the location in question. Mr. Smith said it shows a 5 to 10 acre park at 95th and Missouri Avenues. Councilmember Martinez asked if any discussions had occurred concerning the purchase of the property. Mr. Smith said, although they had held preliminary discussions approximately one year ago about the City's plan for a park at that location, there was no discussion of actual acquisition of the property. Mr. Smith confirmed for Mayor Scruggs that the Council would soon see the new Glendale Parks and Recreation Master Plan. Mayor-Scruggs opened the public hearing on Agenda Item No. 15. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Frate, to approve Rezoning Application Z-00-22, subject to the six stipulations recommended by the Planning Commission, including revised stipulation number 1. The motion carried unanimously. BIDS AND CONTRACTS 16. PROFESSIONAL SERVICES AGREEMENT - WEST AREA REGIONAL FACILITY Mr. Grant Anderson, City Engineer, presented this request for City Council approval of a professional services agreement with Olsson Associates in an amount not to exceed $110,250. The services shall include a Site Boundary and Topographical Survey, and the Master Plan design for the approximately 88-acre site at Bethany Home Road and 83rd Avenue referred to as the West Area Regional Facility. The proposed site development, when completed, will include a multi- generational facility, a branch library, and a public safety complex developed around and incorporated into a regional park. Letters of interest were solicited in July of 2000 followed by Requests for Proposals in August of 2000. Twelve firms responded to the Request for Proposals. From those submittals received, five firms were selected to participate in the development of a conceptual study of the project site. Interviews were conducted on November 2, 2000. The selection committee consisted of representatives from the Engineering, Library, Police, Fire, and Parks and Recreation Departments. The Selection Committee endorsed Olsson Associates as the best firm to complete the required services. Funds for this project are available in Western Area Regional Park Account Number 36-8948-8330. 16 The recommendation was to approve the professional services agreement with Olsson Associates in an amount not to exceed $110,250. It was moved by Clark, and seconded by Lieberman, to approve the professional services agreement with Olsson Associates in an amount not to exceed $110,250. The motion carried unanimously. 17. PROFESSIONAL SERVICES AGREEMENT - HIDDEN MANOR SEWER MAIN EXTENSION Mr. Grant Anderson, City Engineer, presented this request for City Council approval of a professional services agreement with the engineering firm of Burgess & Niple, in an amount not to exceed $242,187, for the design of sewers in the Hidden Manor subdivision. The Hidden Manor Homeowners Association submitted a request to participate in the Sewer Main Extension Program for the area bounded by 75th Avenue, 78th Avenue, Villa Theresa Drive and Libby Street. This area includes a total of approximately 248 lots. At its July 18, 2000 City Council Workshop, the Council directed City staff to proceed with the sewer main extension project, provided the required number of property owners (at least 40%) agreed to connect to the City sewer and pay their sewer impact fee. By late October of 2000, approximately 65% of the Hidden Manor property owners had paid their sewer impact fee and agreed to connect to the City sewer within one year after sewer installation. On November 8, 2000, a letter of interest was sent to over 100 engineering firms that have expertise in civil engineering and/or sanitary water engineering. The address list was generated from the Engineering Department's consultants database. A total of 34 companies responded. Using information provided in the statements of qualifications, the list was narrowed down to 20 firms. A request for proposals was sent out on December 1, 2000 to the qualified firms. Eighteen firms submitted proposals. A team of six staff members, three from the Utilities Department and three from the Engineering Department, reviewed the proposals. The firm of Burgess & Niple was selected as the company that presented the best qualifications, team and project approach to perform the Hidden Manor sewer design. Subsequent to this process, City staff negotiated a project scope of work and fee schedule with Burgess & Niple for project design. Construction services are not included in the scope of work at this time. Funds for this project are available in the 2000-2001 Capital Improvements Program, Utilities Funds, Account Number 50-9240-8300. The recommendation was to approve the professional services agreement with Burgess & Niple in an amount not to exceed $242,187. 17 It was moved by Lieberman, and seconded by Goulet, to approve the professional services agreement with Burgess & Niple in an amount not to exceed $242,187. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSE 18. LICENSE NO. 3-749 —THUNDERBIRD RANCH CHEVRON This was a request for a new series 10 (off-sale retail, beer & wine) license for Thunderbird Ranch Chevron, which is located at 6691 West Thunderbird Road. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in the area by one. The applicant has obtained a conditional use permit for the gas station and convenience store use. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the 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 No. 18. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Application No. 3-749 for Thunderbird Ranch Chevron to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 19. SPECIAL EVENT LIQUOR LICENSE FOR THE CIVITAN FOUNDATION OF ARIZONA/SOUTHERN NEVADA INC. - APRIL 27, 2001 This was a request for a special event liquor license for the Civitan Foundation of Arizona/Southern Nevada, Inc. The Civitan Foundation has a camp located outside of Williams, Arizona that is handicapped accessible. The event is a golf tournament/fundraiser, which will be located at The Legend at Arrowhead, 21027 North 67th Avenue. The event will be held from 5:30 p.m. to 1:00 a.m. on Friday, April 27, 2001. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this calendar year. 18 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 License and Control, with the recommendation for approval. 20. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP — APRIL 28, 2001 This was a request for a special event liquor license for Our Lady of Perpetual Help. The event is a dinner to raise funds for operating expenses, which will be located at Our Lady of Perpetual Help, 7521 North 57th Avenue. The event will be held from 6:00 p.m. to 10:00 p.m. on Saturday, April 28, 2001. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 19 and 20. As there were no comments, she closed the public hearing. It was moved by Clark, and seconded by Martinez, to forward Special Event Liquor License Applications for (1) the Civitan Foundation of Arizona/Southern Nevada, Inc. for a golf tournament/fundraiser to be held on April 27, 2001 at The Legend at Arrowhead, 21027 North 67th Avenue; and (2) Our Lady of Perpetual Help for a fundraiser dinner to be held on April 28, 2001 at Our Lady of Perpetual Help, 7521 North 57th Avenue, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - ORDINANCE 21. ZONING TEXT AMENDMENT Z-00-19 LODGES AND FRATERNAL ASSOCIATIONS IN R-4 DISTRICT This was a request by Phoenix West Order of Elks Lodge 2729 to amend the R-4 (Multi-Residence) zoning district regarding Lodges and Fraternal Associations and temporary recreational vehicle parking in conjunction with a Lodge or Fraternal 19 Association. Both uses are proposed to be added to the list of uses, subject to a ,conditional use permit within the R-4 district. Uses subject to a conditional use permit in the R-4 district currently include churches, schools, nursing homes, shelter care facilities, and congregate care facilities. The existing ordinance does not permit temporary recreational vehicle parking other than in a mobile home park. The request for temporary recreational vehicle parking in conjunction with the Lodge relates to a national policy that Elk Lodges provide space for visiting members to park recreational vehicles from 1-3 days before traveling to their next destination. The proposed temporary recreational vehicle parking, although limited to Lodges and Fraternal Associations, represents a significant change to the provisions for parking of recreational vehicles. Staff supported the addition of Lodges and Fraternal Associations to the R-4 district subject to a use permit, but did not support the temporary recreational vehicle parking in conjunction with a Lodge or Fraternal Association. At its hearing held on February 15, 2001, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Z-00-19, with the provision that Lodges and Fraternal Associations be approved as a use subject to a conditional use permit, but recreational vehicle parking was recommended for denial. No one other than the applicant spoke at the hearing. The recommendation was to conduct a public hearing and approve Zoning Ordinance Text Amendment Z-00-19, as recommended by the Planning Commission, and waive reading beyond the title and adopt an ordinance amending the text of the Zoning Ordinance. Councilmember Lieberman recused himself due to a conflict of interest. Mayor Scruggs asked Mr. Flaaen to advise the Council on matters of conflict of interest. She explained that there are various situations where the Mayor and Councilmembers are members of the clubs that come before Council. Mr. Flaaen stated that a legal conflict, as provided for in the Arizona Revised Statutes, occurs when a Councilmember has a substantial interest in a decision to be made by the Council, and that the Councilmember is required to recuse himself or herself. He said substantial interest is defined as a pecuniary or proprietary interest in the outcome and, usually, being a member of a particular club or organization does not constitute a legal conflict. He explained that a conflict of conscience exists when a Councilmember feels, because of his or her association with an organization, that he or she do not have the ability to sit in judgment and give the matter full weight and consideration. Councilmember Clark asked if proprietary interest, in this case, referred strictly to ownership. Mr. Flaaen explained that proprietary interest, in this Statute, refers to some type of ownership interest in the organization. 20 - Councilmember Martinez asked if the individual Councilmember was responsible for determining if a conflict of conscience existed. Mr. Flaaen said they were. Mayor Scruggs asked Councilmember Lieberman if he wished to declare a conflict of conscience since no legal conflict of interest exists. Councilmember Lieberman stated that, based on an earlier conversation with the City Attorney, he believed it would be best for him to declare a conflict of conscience. In response to Vice Mayor Eggleston's question, Mr. Jacobs explained that staff had recommended support of the change in land use, but did not support the request for temporary recreational vehicle parking because it represents a significant change in policy. Vice Mayor Eggleston asked if any zoning category allows temporary parking or storage of recreational vehicles. Mr. Jacobs explained that M-2 and M-1 allows for longer-term parking, while mobile home zoning is the only category that allows temporary recreational vehicle parking. Vice Mayor Eggleston asked what unintentional consequences could occur should the Council allow the temporary parking. Mr. Jacobs explained that the application represents a significant change in existing policy and, if approved, could lead to other similar applications. Councilmember Martinez asked if other organizations would be able to apply for special use permits if the Council approved the amendment. Mr. Jacobs stated that the amendment only applies to lodges and organizations in the R-4 District. Councilmember Goulet asked if there was any requirement or desire on the part of staff that certain types of amenities be available for use by the recreational vehicles should the temporary parking be approved. Mr. Jacobs stated that the applicant had indicated they would provide water and electrical hookup, but had no intention of providing sanitary facilities. Councilmember Goulet expressed his opinion that if temporary parking was approved, appropriate facilities to clean and maintain the recreational vehicles would have to be provided to handle emergency or unforeseen situations. He explained that neighbors have expressed concern about oil or other fluids being discharged onto the surface of the parking lot. Councilmember Clark said uses subject to a Conditional Use Permit in the R-4 District include churches, schools, nursing homes, shelter care facilities, and congregate care facilities. She asked for confirmation that recreational vehicle parking would not be allowed at any of those uses. Mr. Jacobs stated that it would not. Councilmember Clark then asked if churches in an R-4 District could request similar Conditional Use Permits if the Council approved the request for temporary recreational vehicle parking. Mr. Jacobs stated that the amendment would be restricted to a lodge or fraternal association. Councilmember Clark noted that her church hosts several fraternal associations and asked if one of them could make a request for temporary parking. Mr. Jacobs stated that they could not. He explained that the principal use of the site has to be a lodge or fraternal association. Councilmember Clark said she was concerned that someone could make money by establishing a fraternal order on an R-4 piece of property and offering temporary parking. Mr. Jacobs stated his belief that the 21 Council would have the ability to prevent this from happening. He noted that the Conditional Use Permit restricts performance standards of the facility. Mayor Scruggs said she would have preferred taking this item into a Workshop session because it represents major policy change. She stated that, in the past, the Council had been advised that Conditional Use Permits run with the land and not a specific user. She asked how this particular Use Permit could be restricted to a particular type of user. Mr. Jacobs explained that the lodge or fraternal association would first have to established and the right would go away if the property subsequently changed into something else because it is tied to the primary use. Mayor Scruggs asked how they would respond to requests submitted by churches for temporary parking of recreational vehicles without appearing discriminatory. Mr. Jacobs stated that the R-4 zoning does not permit recreational vehicle parking at churches. He agreed that churches may feel slighted. He noted that they would be free to file for a text amendment if they wished to pursue the matter further. Councilmember Clark said she shared Mayor Scruggs' concern about other types of facilities making the same request and the City's ability to control the requests without appearing discriminatory. Councilmember Frate said he believed the Elk's Club had come before Council in an effort to do the right thing; however, he had no doubt that recreational vehicles have parked on the lot on an overnight basis in the past. He asked Mr. Jacobs if they had researched how other cities handle similar requests. Mr. Jacobs said the various communities deal with the issue in different ways. Vice Mayor Eggleston said he was not comfortable changing or redrafting the request at this time. He suggested that they take this item to a Workshop session. it was moved by Eggleston, and seconded by Clark, to table Agenda Item No. 21 (Zoning Text Amendment Z-00-19 Lodges and Fraternal Associations in R-4 District) to a future date and bring back this item for further discussion at a City Council Workshop. The motion carried unanimously. Mayor Scruggs asked staff to further examine various issues, including the legal aspects of Conditional Use Permits for a protective class, what other cities are doing, any time limits imposed on the parking, sanitary conditions, and police protection, prior to the item coming to a Workshop session. 22. ORDINANCE ADOPTING PROCEDRURES FOR SPECIAL ELECTIONS Mr. Rick Flaaen, City Attorney, presented this item. The State Statutes require that arguments advocating or opposing an initiative or referendum measure be filed with the City Clerk for inclusion in the publicity pamphlets not less than sixty days preceding the regular primary election. The purpose of the sixty-day period is to provide the City Clerk sufficient time to print and distribute the publicity pamphlets. Article IX of the 22 Charter of the City of Glendale authorizes the City Council to submit initiative and referendum measures at special elections. Because of the consolidated election dates mandated by the State legislature, the City Council may only call for a special election on limited dates throughout the year. As a result, initiative or referendum petitions may be filed so close to the consolidated election date that a measure to be submitted at a special election cannot be certified for the ballot in time to allow the City Clerk sixty days prior to the election to print and distribute the publicity pamphlets. Cities are permitted by State Statute to establish by ordinance provisions for the printing and distribution of publicity pamphlets for measures to be submitted at special elections when time will not permit full compliance with the statutory requirements. The City Clerk has determined that a minimum period of thirty days prior to the special election is sufficient to allow for the printing and distribution of the publicity pamphlet. The City Clerk has certified a sufficient number of signatures to submit Referendum No. 300-01 at a special election. However, due to the limited number of election dates and the statutory sixty days for the submission of ballot arguments, the referendum measure would not be submitted to the voters for a period of approximately six months after the certification of the signatures by the City Clerk. In order to avoid such a delay in submitting the measure to the voters and, because the City Clerk has determined that thirty days prior to the special election date is sufficient time for the receipt of ballot arguments to allow timely printing and distribution of the publicity pamphlets, the City Council was asked to adopt an ordinance providing that, when the City Council orders that an initiative or referendum measure be submitted at a special election, not less than thirty days preceding the special election persons may file with the City Clerk arguments advocating or opposing a measure in the initiative or referendum petition. In order to preserve the peace, health, and safety of the City of Glendale and its citizens, and to avoid an unnecessary delay of up to six months in bringing Referendum No. 300-01 to the voters, the City Council was also asked to declare an emergency to exist so that this ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Mayor and Council of the City of Glendale. The recommendation was to waive reading beyond the title, adopt the ordinance, and declare an emergency. Vice Mayor Eggleston asked for confirmation that early ballots would be available on April 12th, with publicity pamphlets being sent 10 days later. Mr. Flaaen explained that publicity pamphlets would be mailed out to all registered voters in the City of Glendale approximately 20 days prior to the election. He noted that the Statute only requires delivery to registered voters 10 days prior to the election to allow voters sufficient time to review and consider the statements made in the publicity pamphlet before making their decision. 23 Councilmember Goulet asked if voters could come to City Hall and obtain the publicity pamphlet prior to receiving one in the mail and, if so, what was the earliest date that they could do so. Mr. Flaaen said the earliest date voters could obtain the information contained in the publicity pamphlet was after it had been printed, approximately April 22nd . Mayor Scruggs asked Mr. Flaaen to explain what the public may and may not say at the public meeting. Mr. Flaaen stated as follows: "Members of the audience should be aware that, when they come to the podium to make their statements, their statements should reflect only to the proposed ordinance which is before the Council now, specifically relating to the issue of providing a 30 day cutoff window for submitting ballot arguments as opposed to the 60 day window. What the members of the public and the audience should not be doing is making statements from the podium supporting or opposing the election or making political statements trying to garner support or opposition to the referendum vote. The reason for that is that the City cannot use its resources, financial or otherwise, to influence the outcome of a City election by permitting individuals to use the podium to support a position one way or the other. That would be using the City resources, both this location, this forum, and also the televised portion of the meeting to support or oppose the referendum coming before the electorate on May 15th. So, for those reasons, we do ask that you not engage in political dialect this evening when you come to the podium. If you do, we will have to ask you to give up the podium and step down." Mayor Scruggs opened the public hearing on Agenda Item No. 22. Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District and Chair of Glendale Citizens for Responsible Development, expressed her support of the ordinance adopting procedures for special elections. She said the Council has been extremely fair to both sides of the issue and she commended their impartiality. She stated that giving 30 days prior to the election to submit pro and con statements will ensure that all interested parties are heard. She apologized for any mistakes that those without legal representation may have made in the past. She stated that she would endeavor to follow any and all guidelines and procedures during the special election. Mr. Brendan O'Sullivan a resident of the City of Glendale Cactus District, encouraged the Council to vote yes on the ordinance and the 30-day limit. Ms. Linda Hamilton-O'Sullivan, a resident of the Citv of Glendale Cactus District, voiced her support of the 30-day time limit. She said, after hearing the prior agenda item discussion, she was aware of how thoughtful and careful the Council is about far-reaching ramifications of its decisions. She expressed her appreciation for the Council's efforts. She stated that the City of Glendale is a leader in this issue and other cities will look to them for guidance. 24 Ms. Debra Kist, a resident of the City of Glendale Barrel District and Treasurer of Glendale Citizens for Responsible Development, stated that she supported the ordinance. She referred to 81 statements which were submitted for the publicity pamphlet on March 16, 2001, 78 of which were paid for by the Hayscale Referendum Committee at a cost of $11,700. She said 32 of those statements will go into the publicity pamphlet. She said she had mistakenly left her telephone number off her statement. She explained that, as a committee, they do not have a phone number. She said, if the ordinance was passed, she was ready to correct the error and reissue the Committee's pro-statement with a phone number. Mr. Dennis Powers, a resident of the City of Glendale_Barrel District, stated that he supported the ordinance and would like to see it go into effect. He questioned why the developers would need more time if they, in fact, have the support of the community. Mr. Charlie Grim, a resident of the City of Glendale Barrel District, said he supported the ordinance because people in the neighborhood have held off making personal decisions until they know the outcome of this issue. Ms. Trish Edwards, a resident of the City of Glendale Barrel District, agreed that the City needs to declare the emergency in an effort to preserve the peace, health and safety of the citizens of the City of Glendale and should go full force with the May 15th referendum election. She said the citizens, the Planning Commission, the City Council, and the Superior Court have all told Hayscale "no", but at each turn they have found a way to redesign the law and statutes. She said Hayscale asked for the special election, which is costing the City of Glendale more than $100,000, and it is now asking that it be postponed. She said she and others who oppose Hayscale will continue to do whatever it takes to maintain their property values, their way of life, and the safety of their neighborhood. Ms. Julie Effron, a resident of the City of Glendale Barrel District, asked the Council to proceed with the vote in May. Mr. Timothy A. Gath, a resident of the City of Glendale Barrel District, voiced his support for the ordinance. Ms. Charlotte Henderson, a resident of the Cid of Glendale Barrel District, stated that she supported the ordinance. She asked that the publicity pamphlet be available on the City's web site for those who are unable to drive to the City Clerk's office and who do not want to wait for the mail. Mr. Stanley H. Walters, a resident of the City pf Glendale Barrel District, stated that he opposed the ordinance. He said, even if the City Clerk's Office was able to produce the pamphlets in an efficient manner, he questioned the Post Office's ability to deliver the pamphlets on a timely basis. He pointed out a grammatical error in the Ordinance, stating that it supports his concern about proceeding hastily with an issue that deserves careful consideration. 25 Mayor Scruggs noted that the grammatical error which Mr. Walters had referred to was in the council communication. Public Hearing Speaker's Cards were received from the following people, who indicated that they were opposed to Agenda Item No. 22 (Ordinance adopting procedures for special elections) and did not wish to speak. Ms. Cynthia L. Beaty, a resident of the City of Glendale Barrel District Mr. Ross Scardina, a resident of the City of Glendale Barrel District Ms. Donna Scardina, a resident of the City of Glendale Barrel District Public Hearing Speaker's Cards were received from the following people who did not indicate whether they were in support of or opposed to Agenda Item No. 22 (Ordinance adopting procedures for special elections). They stated that they did not wish to speak. Mr. Fred Beyer, a resident of the City of Glendale Barrel District Ms. Joan Beyer, a resident of the City of Glendale Barrel District Ms. Diana Dow, a resident of the City of Glendale Barrel District Mr. Richard Sparks, a resident of the City of Glendale Barrel District Public Hearing Speaker's Cards were received from the following people, who indicated that they supported Agenda Item No. 22 (Ordinance adopting procedures for special elections), but did not wish to speak. Ms. Beverly Black, a resident of the City of Glendale Barrel District Mr. William B. Black, a resident of the City of Glendale Barrel District Ms. Mikki Cearfoss, a resident of the City of Glendale Barrel District Ms. Kathryn Inoshita, a resident of the City of Glendale Barrel District Mr. Minoru Inoshita, a resident of the City of Glendale Barrel District Ms. Elaine Ito, a resident of the City of Glendale Barrel District Mr. Jack Janus, a resident of the City of Glendale Barrel District Ms. Dee Snyder-Johnson, a resident of the City of Glendale Barrel District Mr. Steve Snyder-Johnson, a resident of the City of Glendale Barrel District Ms. Lynn D. Newman, a resident of the City of Glendale Barrel District Ms. Joyce L. Newman, a resident of the City of Glendale Barrel District Ms. Michelle Powers, a resident of the City of Glendale Cactus District Mr. Kevin M. Schmidt, a resident of the City of Glendale Barrel District Ms. Valerie L. Schmidt, a resident of the City of Glendale Barrel District Ms. Susan Stutzman, a resident of the City of Glendale Barrel District Mr. Jeffery P. Suttles, a resident of the City of Glendale Barrel District Ms. Tammy Vogel, a resident of the City of Glendale Barrel District Mr. Tom Waite, a resident of the City of Glendale Barrel District Ms. Marion Waters, a resident of the City of Glendale Barrel District Mr. John D. York, a resident of the City of Glendale Barrel District 26 Mayor Scruggs closed the public hearing on Agenda Item No. 22. Ordinance No. 2189 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 CODE OF THE CITY OF GLENDALE CHAPTER 15 BY ADDING A NEW SECTION 15-4 RELATING TO THE PROCEDURES FOR SPECIAL ELECTIONS; AND DECLARING AN EMERGENCY. It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2189 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 23. BOARDS AND COMMISSIONS Appointments are to be made to the following Boards or Commissions that have a vacancy or expired term. Effective Term Date Expires Board of Adjustment Laureta, Gayle (Vice-Chair) Appointment 03/27/2001 06/29/2001 Commission on Persons With Disabilities Scarpa, Matthew F. (Yucca) Re-appointment 03/27/2001 02/26/2003 Historic Preservation Commission Johnson, Neva (Chair) Appointment 04/13/2001 04/12/2002 Byrne, Ruth (Barrel) Appointment 04/13/2001 04/12/2003 Shady, Becky Jo (Mayoral) Appointment 04/13/2001 04/12/2003 Woodley, Karen (Yucca) Appointment 04/13/2001 04/12/2003 Library Advisory Board Eubanks, William (Chair) Appointment 04/13/2001 04/12/2002 Dewey, Judith (Sahuaro) Appointment 04/13/2001 04/12/2003 Bailey, Harry (Yucca) Appointment 04/13/2001 04/12/2003 27 Parks & Recreation Advisory Commission Taylor, Cecil (Chair) Re-appointment 04/09/2001 04/08/2002 Grosscup, Phyllis (Vice-chair) Appointment 03/27/2001 03/27/2002 Kolodzieg, John H. (Yucca) Re-appointment 04/09/2001 04/08/2003 Planning Commission Potocki, Albert (Cactus) Re-appointment 03/27/2001 03/24/2003 Potocki, Albert (Chair) Appointment 03/27/2001 03/24/2002 Monaghan, Paul (Vice-Chair) Appointment 03/27/2001 03/24/2002 Santoli, Jo (Ocotillo) Appointment 03/27/2001 03/24/2003 Socaciu, Michael (Yucca) Appointment 03/27/2001 03/24/2003 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Eggleston, to appoint the applicants listed above to the Board of Adjustment, the Commission on Persons With Disabilities, the Historic Preservation Commission, the Library Advisory Board, the Parks & Recreation Advisory Commission, and the Planning Commission, for the terms listed above. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Lieberman, to hold a Special City Council Budget Workshop at 8 a.m. on Tuesday, April 3, 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, and a Regular City Council Workshop at 1:30 p.m. on Tuesday, April 3, 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. It was moved by Lieberman, and seconded by Goulet, to hold a Special City Council meeting at 10:30 a.m. on Friday, March 30, 2001, in the City Council Chambers. The motion carried unanimously. CITIZEN COMMENTS Mayor Scruggs stated that the limitations on public comment previously explained by Mr. Flaaen remain in effect during the Citizen Comment portion of the hearing. 28 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he was concerned about strife and conflict that would result between neighborhoods because of the upcoming issues. He thanked the Council for their efforts to promote cooperation. He stated that he had attended an Industrial Development Authority special meeting to discuss a resolution granting preliminary approval of $35 million in bonds for Midwestern University and he found it to be very educational. He pointed out that the March 15th edition of Public Announcements misstated the amount as $35,000. He said more people might have been interested had they known it actually involved $35 million. He said, although they had granted preliminary approval for the $35 million in bonds, the public hearing was announced in the March 22nd edition of the Glendale Star, stating that citizens could submit questions and concerns about the bonds to Midwestern University. He asked if it was common practice to have a public hearing after the vote had been taken. With regard to the transportation issue, he stated that he was in favor of the trolley, bus system, and Dial-A-Ride service. He suggested extending the trolley service to Peoria Avenue. He explained his position that, by offering people access to other areas of the West Valley, people would be more willing to visit Glendale. He expressed concern about the progress of the Bicycle Committee and suggested it be separate from the Transportation Commission. He suggested increased policing of the school zone area at Sahuaro Ranch Elementary. He said people going to Glendale Community College tend to disregard the speed limit signs. He asked for a stop light on 59th Avenue, between Olive and Northern Avenues, due to the Brown Family Homes development being built at that location. He asked the City to do something in recognition of Caesar Chavez' birthday. Ms. Danva Butter, a resident of the City of Glendale Cactus District, said property rights are the most important issue faced by the citizens of Glendale. She expressed concern about the property rights being compromised and taken away by the government. She stated that individual owners who are trying to develop or redevelop the older areas of the City are not assisted by the government, either because of ignorance or indifference. She explained that the owners of the properties are required to come to the City for variances on a number of aspects of their projects and have to wait, in some cases, more than a year for those variances. She stated that the City has expressed a desire for single-family development and has even helped Habitat for Humanity on several occasions. She asked why the City had not helped others who were attempting to redevelop neighborhoods by re-evaluating zoning classifications. She suggested creating sub-classifications for broader zoning classifications. She said downzoning done by the City takes away property rights and vastly reduces property values. She referred to an R-4 area that was downzoned to single family ten years ago and asked if anything has been accomplished since then. Mr. Joseph Butter, a resident of the City of Glendale Cactus District, cautioned the Council that reducing the time period with regard to the special election, outside of the current issue, could open opportunities for someone to sneak in a special vote. 29 Mr. Flaaen informed Mr. Butter that his opportunity to speak regarding the ordinance had passed. Mr. Butter referred to Zoning Ordinance 00-29. He stated that the Council had granted alley access while, in the past, it had refused to do so. He questioned whether the matter was politically motivated because of the person asking for the variance. He stated that it does not provide fairness to others who are asking for similar variances. He expressed his opinion that downzoning the neighborhood was a planned City initiative . He asked if the citizens of the neighborhood were informed of the issue prior to the public hearings. He asked the Council to refrain from taking away the residents' property rights. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet congratulated Mr. Beasley on receiving the 2001 Jack Debolske Professional Excellence Award. He also congratulated Los Cosenos for the dedication of two new homes in his district. Vice Mayor Eggleston stated that WorldPort had been well attended and was a lot of fun. Councilmember Martinez also congratulated Mr. Beasley. He stated that the award was well deserved. Councilmember Frate noted that Saturday was Make a Difference Day. He stated that it was not too late to participate. He said he had received figures from Glendale's 2000 census count, which shows the City of Glendale's population at 218,812, which is an increase of 48%. Mayor Scruggs encouraged everyone to attend the Glendale Arts Council's Annual Preview Party on Friday, March 30th at 7:00 p.m. at Sahuaro Ranch Park in the Fruit Packing House. ADJOURNMENT There being no further business, the meeting was adjourned at 9:55 p.m. Pamela Oliveira - City Clerk 30