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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 5/29/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MAY 29, 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 6k)SoF GLENDLE CHARTER A statement was filed by the City Clerk that the four resolutions and four 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 MAY 1, MAY 8, AND MAY 14,2001 It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on May 1, May 8, and May 14, 2001 and the Special Council Meeting held on April 11, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 5 by number and title. 1. SPRING 2001 NEIGHBORHOOD IMPROVEMENT GRANT REQUESTS As part of the City Council's commitment to revitalizing older neighborhoods, the Mayor and Council established the Glendale Citizens' Advisory Commission on Neighborhoods to make recommendations on neighborhood enhancement and revitalization projects. For Fiscal Year 2000-01, approximately $700,000 in general fund money has been set aside for such projects. Of this amount, approximately $350,000 has been made available to neighborhoods for the Spring 2001 funding cycle. The Commission on Neighborhoods recently concluded a two month review process of seven neighborhood grant requests and was recommending all seven of them for approval (each of the approved grants include a contingency): 1 1. Lo La Mai Mobile Home Park — $64,100.30 to fund the construction of a new, six foot, painted and stuccoed perimeter wall around the neighborhood and install new landscaping on the City right-of-way along 43'.° and Missouri Avenues. The neighborhood pledged $4,305.60 in sweat equity and $7,516 in cash to this project. 2. Orchard Glen Neighborhood - $35,000 to fund a conceptual and architectural study of streetscape and landscaping designs for the area of 59th Drive — 61st Avenue; Glendale to Ocotillo Avenues. The neighborhood pledged $5,529.60 in sweat equity to this project. 3. Casa de Zia HOA - $13,160 to rebuild an existing block perimeter fence on the western portion of the neighborhood to prevent vandalism, trespassing, and other security issues that have caused concern in the neighborhood. The neighborhood pledged $1,336.80 in sweat equity to this project. 4. Orangewood West and 79th Lane - $112,772.45 to construct an eight- foot fence, install new landscaping, curb, gutter, and street improvements along City right-of-way located at 79th Lane and Myrtle Avenue. The neighborhood pledged $2,618.72 in sweat equity to this project. 5. Fountain Shadows HOA - $10,100.80 to help the homeowners association repave and repair the south side of Diana Avenue and portions of its internal street system. The neighborhood pledged $16,339.31 in cash and $300 in sweat equity, for this project. 6. Olive Green Villas HOA - $46,793.40 for new landscaping, wall improvements, and entry signage along the neighborhood's 59th Avenue perimeter area. The neighborhood pledged $5,634.60 in sweat equity and donated materials for this project. 7. Ocotillo-Rose Nei•hborhood Association - $30,000 to fund the • incorporation of decorative sidewalks near the Ocotillo-Rose Park as part of a larger $200,000 Community Development Block Grant-funded curb, gutter and sidewalk project that will begin later this year. The neighborhood has pledged $2,073 in sweat equity, for this project. The total requested, with contingencies factored in, amounts to $311,926.95. Funds for the Spring 2001 neighborhood grant recommendations are available in Account Number 01-8968-8330 (Neighborhood Projects). This item was reviewed by the Mayor and Council at the May 14, 2001 City Council Workshop. The recommendation was to approve the Spring 2001 neighborhood improvement grants as recommended by the Commission on Neighborhoods. 2 2. AWARD OF CONSTRUCTION CONTRACT — 2000 ARTERIAL STREET LANDSCAPE IMPROVEMENTS This was a request for City Council award of a construction contract to Wat-Irr, Inc. in the amount of $165,016.50 for the installation of landscape and irrigation improvements for the following street rights-of-way: Northern Avenue (north side) 45th to 47th Avenues Peoria Avenue (south side) 45th to 49th Avenues Orangewood Avenue (south side) 51st to 53rd Avenues This project is part of the City's 2000-2001 Arterial Landscaping/Beautification Program. The streetscape improvements included in the project include the planting of street trees and shrubs, as well as the installation of ground cover materials and automatic irrigation systems. For the purpose of project and cost efficiency, the installation of traffic signal interconnect conduit along Peoria Avenue (south side), 45th to 49th Avenues, and Northern Avenue (north side), 45th to 47th Avenues, was included in the scope of the design and construction for this project as requested by the Transportation Department. Three bids were received and opened on May 10, 2001. Wat-Irr, Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $165,016.50. The City's design consultant reviewed the bids and qualifications of the low bidder and recommended award of the contract to Wat-Irr, Inc. Engineering staff agreed with this recommendation. Funds for this project are available in Fiscal Year 2000-2001 Capital Improvement Program Street Beautification Account Number 62-8559-8300. However, a transfer in the amount of $44,00 needs to be made from Signal Computerization Account Number 61-9546-8330 into the project account to cover the cost of installation of the traffic signal interconnect conduit. The recommendation was to approve the transfer of funds and award the construction contract to Wat-lrr, Inc. in the amount of $165,016.50. 3. AWARD OF CONSTRUCTION CONTRACT — HEART OF GLENDALE LANDSCAPE PROJECTIPHASE 1 This was a request for City Council award of a construction contract to Sunburst Landscaping in the amount of $135,185.33 for the installation of landscape and irrigation improvements and various sidewalk improvements within the Heart of Glendale. This project is part of the City's Capital Improvements Program — South of Glendale Avenue. It has been a City Council goal to improve the visual quality of the City's urban environment within the community and specifically in older neighborhoods in the City that were not previously landscaped. 3 The streetscape improvements, for the base bid and the add alternate, include the installation of landscape and irrigation improvements within the street rights-of-way that currently do not have landscaping and minor site improvements, including curbing, handicap ramps, and sidewalks. The construction bidding process for this project was structured with a base bid for improvements along the following streets: Lamar Road (north and south sides) 55th to 53rd Drives Ocotillo Road (north side) 55thto b3--rd Drives 55th Drive (east side) Ocotillo to Lamar Roads 55th Avenue (east and west sides) Ocotillo to Lamar Roads 54th Avenue (east and west sides) Ocotillo to Lamar Roads 53rd Drive (east side) Ocotillo to Lamar Roads and one bid alternate for improvements for the following streets: Lamar Road (north and south sides) 57th Avenue to 55th Drive Ocotillo Road (north side) 57th Avenue to 55th Drive 56th Avenue (east and west sides) Ocotillo to Lamar Roads Three bids were received and opened on May 10, 2001. Sunburst Landscaping, a qualified and licensed contractor, submitted the lowest total bid in the amount of $135,185.33. The City's design consultant reviewed the bids and the qualifications of the low bidder and recommended award of the contract to Sunburst Landscaping. Engineering staff agreed with this recommendation. The total bid amount of $135,185.23 includes the base bid amount of $88,863.91 and Add Alternate No. 1 in the amount of $46,321.32. Funds for this project are available in Fiscal Year 2000-2001 Capital Improvements Program, — South of Glendale Avenue, Account Number 12-8913-8300. Approximately $26,000 will be left in the account, which will be carried over to next year's budget to supplement budgeted funds for landscaping of other portions of the neighborhood in this project. The recommendation was to award the construction contract to Sunburst Landscaping in the amount of $135,185.23. 4. AWARD OF CONSTRUCTION CONTRACT— SPORT COURT LIGHTING This was a request for City Council approval of a construction contract to Kimbrell Electric, Inc. in the amount of $38,335 for the installation of game court lighting at Bicentennial, Chapparal and Heritage Parks. These improvements are part of the Parks and Recreation Department's ongoing plan to upgrade existing facilities. Parks and Recreation Department Project Coordinators notified residents and held public meetings for each park as a part of the planning process for these improvements. 4 Three bids were received and opened on April 25, 2001. Kimbrell Electric Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $38,335. The City's design consultant reviewed the bids and the qualifications of the low bidder and recommended award of the contract to Kimbrell Electric, Inc. Engineering Department staff agreed with this recommendation. Funds for this project are available in Parks Bonds, Park Enhancement Account Number 36-8517-8300. The recommendation was to award the construction contract to Kimbrell Electric, Inc. in the amount of $38,335. 5. BUDGET TRANSFER FOR OUTSIDE LEGAL SERVICES The City Attorney's Office was allocated $34,320 for outside legal services for the entire year. Due to the necessity for retaining specialized outside legal counsel and in-house civil attorney vacancies, a budget transfer is necessary to cover outside legal services. In January, the City Manager authorized the transfer of the City Attorney's salary savings from the attorney vacancies to help supplement the cost for outside legal services. However, further funding is needed before the end of the fiscal year. The transfer of $403,000 from the General Fund Contingency Account to the City Attorney's budget will allow for the payment of incurred and projected outside counsel fees and costs for the remainder of the fiscal year. The recommendation was to authorize the transfer of $403,000 from the General Fund, Contingency Fund Account Number 01-2450-7000 to City Attorney Account Number 01-1510-7330 for outside legal services. CONSENT RESOLUTIONS 6. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL CONTROL SERVICES This was a request to enter into an intergovernmental agreement with Maricopa County for the provision of animal control services, including enforcement of the City's leash law and related animal control ordinances. In November of 1999 Maricopa County determined that a new cost for services methodology needed to be implemented that provided for full cost recovery of field services, such as animal control officers, as well as full cost recovery for shelter-related services. The Maricopa Association of Governments (MAG) convened a special study committee to review the costs associated with this program and the report of the committee outlining the new fees for service was accepted by the MAG Regional 5 Council on March 28, 2001. Maricopa County will provide service 24 hours a day, seven days a week, so that citizens, as well as public safety personnel, will be able to receive service at any time. The intergovernmental agreement is for a one-year period, with two one-year renewals, and will take effect on July 1, 2001. The agreement also provides for cancellation by either party, subject to 180 days' notice. City Council discussed the additional costs for this service at the April 17, 2001 Budget review session and directed staff to include the one-time supplemental request in the Fiscal Year 2001-02 Budget. Funds are available in City Non-Departmental Account Number 01-2440-7330. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with Maricopa County for the provision of animal control services in an amount not to exceed $247,113. Resolution No. 3468 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 MARICOPA COUNTY FOR ANIMAL CONTROL SERVICES. 7. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY SUPERIOR COURT FOR JURY SERVICES This was a request to enter into an intergovernmental agreement with the Maricopa County Superior Court to provide the City Court with qualified jurors for jury trials. The Superior Court has provided jury services based on similar agreements since 1993. The agreement includes a $1,500 one-time annual fee, a $1 .00 charge for printing and postage for each juror Questionnaire and Summons, and reimbursement for juror's mileage. Considerable cost savings result from utilizing this agreement. Funds are available in the City Court operational budget, Account Number 01-1410- 7920. The total cost for jury services is estimated to be $9,335. The agreement will be in effect from July 1, 2001 to June 30, 2002, with a one-year renewal option to June 30, 2003. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager and the City Judge to execute an intergovernmental agreement with Maricopa County Superior Court to provide the Glendale City Court with qualified jurors for jury trials. 6 Resolution No. 3469 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 SUPERIOR COURT OF ARIZONA IN MARICOPA COUNTY FOR JURY SERVICES. 8. MARICOPA COUNTY OVERTIME AGREEMENT The Maricopa County Sheriff's Office, through a grant with the Bureau of Justice Assistance, has funds available to reimburse Arizona law enforcement agencies for overtime costs associated with clandestine methamphetamine lab cases. This new program is available for reimbursement on a first-come, first-serve basis, with a maximum amount of $5,000 available per agency. Reimbursement will be requested from the Maricopa County Sheriff's Office until the grant funds are exhausted. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the Maricopa County Sheriff's Office for the reimbursement of overtime. Resolution No. 3470 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY SHERIFF'S OFFICE FOR THE REIMBURSEMENT OF OVERTIME COSTS ASSOCIATED WITH THE ARIZONA METHAMPHETAMINE PROGRAM. 9. CANVASS OF VOTES AND RESOLUTION ADOPTING RESULTS_OF THE SPECIAL REFERENDUM ELECTION On Tuesday, May 15, 2001, the City of Glendale conducted a Special Referendum Election. Immediately following the Special Referendum Election, an Early Ballot Board and a Ballot Verification Board were convened. The final tabulation results are included in the canvass of votes. The purpose of the "canvassing" of the votes is to permit the members of the Council to review and approve the election results. These results, which include all polling place returns, early ballots, and the ballots to be verified, constitute the official canvass when approved by the City Council and certified by the City Clerk. The recommendation was to waive reading beyond the title and adopt a resolution accepting the canvass of votes of the Special Referendum Election held in the City of Glendale on May 15, 2001. 7 Resolution No. 3471 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE SPECIAL REFERENDUM ELECTION HELD ON MAY 15, 2001; AND ORDERING THAT A CERTIFIED COPY OF THIS RESOLUTION BE RECORDED. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 9, including the approval and adoption of Resolution No. 3468 New Series, Resolution No. 3469 New Series, Resolution No. 3470 New Series, and Resolution No. 3471 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 10. GENERAL PLAN AMENDMENT GP-00-08 AND REZONING APPLICATION Z-00-16:5129 WEST CACTUS ROAD Mr. Brian Friedman, Senior Planner, presented this request by Earl, Curley and Lagarde for State Savings Mortgage to amend the General Plan land use map from Shopping Center to 5-8 residential dwelling units per acre and to rezone from C-2 (General Commercial) to R1-4 PRD (Single Residence, Planned Residential Development) on 22.3 acres located at the southwest corner of 51St Avenue and Cactus Road. The applicant proposes to develop a single-family residential neighborhood. The current General Plan designation of Shopping Center is not appropriate for the property. The location of the Arizona Canal and the Arizona Canal Diversion Channel at the southwest corner of 51St Avenue and Cactus Road severely limits the property from developing commercially. Single-family homes will have less impact than retail, creating less traffic and noise. The proposed R1-4 PRD zoning will allow a maximum of 135 single-family residential lots in a gated community, at a density of 6.1 dwelling units per acre. The minimum lot area is 2,708 square feet, the average lot area is 3,541 square feet, and the largest lot is 6,505 square feet. The minimum lot width is 42 feet and the minimum lot depth is 72 feet. A pool, spa, ramada, restrooms, barbecue, and tot lot is planned for the recreation area located in the center of the site. Additional project features include decorative perimeter walls, extensive landscaping, entry features, and entry signage. At a hearing held on April 19, 2001, the Planning Commission unanimously voted to recommend approval of General Plan Amendment GP-00-08 and Rezoning Application Z-00-16, with Rezoning Application Z-00-16 being subject to seven stipulations. Three people spoke at the hearing. They were concerned about the grade of the site in relation to the existing grade of the backyards of the homes along the western property line, construction of the wall adjacent to the existing homes, two-story 8 homes adjacent to the neighborhood, and possible overcrowding of Marshall Ranch Elementary School. The recommendation was to conduct a public hearing and approve General Plan Amendment GP-00-08 and Rezoning Application Z-00-16, with Rezoning Application Z- 00-16 being subject to the seven stipulations recommended by the Planning Commission. Councilmember Clark asked Mr. Friedman how he had reconciled the fact that there are ten design guidelines not met with this rezoning application. Mr. Friedman clarified that it meets all of the design criteria within the single-family residential design guidelines for house product. Councilmember Clark noted that 83% of the lots are under the minimum lot size prescribed in the Zoning Ordinance and that the side yard setbacks are not consistent with the Zoning Ordinance requirements. She asked what amenity package was offered to offset the deviations from the residential design guidelines. Mr. Friedman stated that the applicant believes the package they produce and the design quality will result in a house product and subdivision that far exceeds any standard R1-4 or R1-6 subdivision and staff agrees with the applicant's position. Mr. Michael J. Curley, with the law firm of Earl, Curley & LagardeP�C. located In Phoenix, Arizona, the applicant's representative, explained that the patio home concept in the proposal brought before the Council came to the Council with the support of the neighborhood and the Planning Commission. Six neighborhood meetings were held over a two-year period and the majority of the concerns were addressed in the application. Mr. Curley stated that, by the City's own General Plan standards, this area is not conducive to C-2 development. He reviewed the staggering concept that will mitigate the concerns typically seen with patio home developments. He noted the various floor plans and elevations. He noted the large landscape setback along the west boundary line designed to mitigate the concerns of adjacent single- family property owners. Tremendous support was demonstrated for this site design concept. Mr. Curley reviewed the subdivision access points and the many amenities. He stated that there is a tremendous amount of fill on the site, which they have agreed to remove from the site at a cost of $250,000. With respect to concerns about the impact on the neighborhood schools, Mr. Curley noted that this project does not lend itself to families with children and should not have a negative impact on the school system. Nonetheless, they have come to an agreement with the school district. Councilmember Frate stated that he had visited a similar community in the City of Chandler and he was very impressed with the quality of the development. He agreed that the development is more conducive to an adult lifestyle and that is what he had perceived in Chandler. In response to a comment made by Councilmember Fate, Mr. Curley read into the record a stipulation addressing the developer's dedication of an equestrian easement along a specific portion of Cactus Road. 9 Vice Mayor Eggleston stated that a neighbor of the proposed development had shared with him a concern about the fill dirt. Mr. Curley reiterated the applicant's commitment to removing the fill dirt. Vice Mayor Eggleston noted the fact that the same person was opposed to the idea of living adjacent to two-story homes and suggested that the products to the rear of the development be single-story. Mr. Curley stated that there would be a range between 70 and 120 feet separation between the two developments, which will create sufficient separation. He explained why the subdivision products have to be laid out in the manner proposed. He described the landscaping that would be installed on the property. Councilmember Lieberman reminded everyone that he has historically been opposed to lots smaller than 7,000 square feet. However, when he looked at this subdivision, he thought it was an ideal project for the land. He, therefore, stated his support for the project. Councilmember Clark stated that the proposed concept is appropriate for an in- fill project. She noted, however, that she was troubled with the potential that the homes will go to buyers who do not necessarily fit into the market that the developer is trying to attract. She asked for information about the kind of house product that would be marketed. Mr. Curley stated that the base price of the homes in the City of Chandler subdivision ranges between $120,000 and $150,000, but the average cost is almost 20% more after upgrades. This demonstrates that the buyers are interested in investing in a nicer home with significant options/upgrades. Those same options and upgrades will be available in the City of Glendale. He confirmed that the products will offer flexibility in the home option packages. Mayor Scruggs noted that this is a new housing product to the City of Glendale. She asked if Mr. Curley was involved in the City of Chandler zoning case. Mr. Curley said he was not, but he was involved in two other similar projects by other developers. He compared the proposed development to the referenced development in the City of Chandler, and noted that the City of Glendale development compares favorably. Mayor Scruggs asked how the City of Chandler reconciled the inconsistencies between their zoning ordinance requirements and the housing product/development they approved. She also asked about the City of Chandler development zoning classification. She noted that the City of Glendale's design guidelines were fashioned after those of the City of Chandler. She asked if the City of Glendale needs to adopt different design guidelines for this type of product. Mr. Curley explained that the City of Chandler takes a completely different approach to the patio home type of development. He agreed that the City of Glendale design guidelines do not apply to a patio home development. Mayor Scruggs suggested that the City of Glendale consider looking at different guidelines for different products. She agreed that a variety of housing products is important to a city, as the lifestyles of its residents change. 10 Councilmember Clark reiterated that the proposed development will work at this location. She agreed that the City needs to develop strong guidelines to ensure that quality products are built in the City of Glendale. Councilmember Goulet commented on other successful infill projects and noted his support fort his project. Mayor Scruggs opened the public hearing on Agenda Item No. 10. As there were no comments, Mayor Scruggs closed the public hearing. Councilmember Martinez said that, at first, he was concerned with the density and not meeting the design standards. He indicated that he was now more comfortable with the project. He reminded the Council that, in 1998, over 400 apartments were proposed for the site. He said he much preferred an infill development with 135 quality home products. He stated that was appreciative of the applicant's work with the neighborhood. He said he was excited to see the product. Councilmember Clark requested that she be informed of the mix of home ownership once the development is built out. It was moved by Lieberman, and seconded by Goulet, to approve General Plan Amendment GP-00-08 and Rezoning Application Z-00-16, with Rezoning Application Z-00-16 being subject to the seven stipulations recommended by the Planning Commission, in addition to an eighth stipulation that an equestrian easement shall be provided along Cactus Road between the curb and the detached sidewalk within the City of Glendale right-of-way. On the northwest corner and the northeast corner of the site, where the sidewalk is attached to the curb, an equestrian easement shall be provided. The motion carried unanimously. 11. REZONING APPLICATION Z-01-02: 7533 NORTH 75TH AVENUE Ms. Teresa Halverson, Planner, presented this application by Mr. Jim West to rezone a 4.9-acre property from R1-6 (Single Residence) to M-1 (Light Industrial). The site is located approximately 320 feet north of the northeast corner of 75th and Orangewood Avenues. It is currently occupied by a meat packing and processing facility. The owner intends to develop the property with industrial uses similar to the adjacent Glendale Business Park. The requested M-1 zoning is consistent with the General Plan designation of Light Industrial. M-1 is a better fit for this site than R1-6. The character of the area is industrial and the small size of the site makes single-family residential development unsuitable. 11 At its hearing held on April 5, 2001, the Planning Commission recommended approval of Z-01-02 subject to two stipulations. The stipulations require dedication of half-width right-of-way on 75th Avenue and that all half-street improvements be constructed. No one other than the applicant spoke at the hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-01-02, subject to the two stipulations recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 11. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Frate, to approve Rezoning Application Z-01-02, subject to the two stipulations recommended by the Planning Commission. The motion carried unanimously. 12. GENERAL PLAN AMENDMENT GP-01-04 AND REZONING APPLICATION Z-01-07: SOUTHEAST CORNER OF 107THAVENUE AND GLENDALE AVENUE Ms. Teresa Halverson, Planner, presented this request by the City of Glendale and Mr. Joe Soldoveri to amend the City's General Plan from Business Park to Light Industrial, and to rezone from A-1 (Agriculture) to M-1 (Light Industrial) a 66.9 acre property located at the southeast corner of 107th and Glendale Avenues. The applicants are requesting the General Plan amendment and rezoning in order to develop the site according to the Glendale Municipal Airport Master Plan. The General Plan amendment is consistent with the established development pattern in the area. The Airport Master Plan shows this area to be used for commercial/industrial uses. The proposed uses need to have access to the airfield. Development of the property for industrial uses will be consistent with the industrial development seen in the area. M-1 zoning is appropriate for the site and the surrounding area. The required M- 1 zoning standards will ensure compatibility with the surrounding industrial uses. There is enough frontage on Glendale Avenue to provide safe, adequate access to the property. The Planning Commission voted to recommend approval of General Plan Amendment GP-01-04 and Rezoning Application Z-01-07 on May 3, 2001, subject to two stipulations. No one, but the applicant, spoke at the hearing. The recommendation was to conduct a public hearing and approve General Plan Amendment application GP-01-04 and Rezoning Application Z-01-07, with Rezoning Application Z-01-07 being subject to the Planning Commission's recommendation. 12 Mayor Scruggs opened the public hearing on Agenda Item No. 11. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Lieberman, to approve General Plan Amendment Application GP-01-04 and Rezoning Application Z-01-07, with Rezoning Application Z-01-07 being subject to the Planning Commission's recommendation. The motion carried unanimously. LAND DEVELOPMENT ACTION 13. ZONING VARIANCE APPLICATION APPEAL ZV-00-33: _ 6626 WEST SWEETWATER AVENUE Mr. Rick Flaaen, City Attorney, instructed the City Council on the procedures required for handling this application. Ms. Tabitha Perry, Associate Planner, presented this request by Nicolae and Robin Horga to appeal the Board of Adjustment's denial of Variance Application ZV-00-33. The variance was a request to reduce the required east side setback to 21 feet where 50 feet is required, front setback to 13 feet where 75 feet is required, and lot coverage of 25% where 10% is required in the A-1 (Agricultural) zoning district. A motion for approval of the original request failed with a 0 to 7 vote. The Board of Adjustment moved to amend the original motion to a front yard setback of 30 feet and lot coverage to 20%. A motion for approval failed with a 3 to 4 vote. On March 8, 2001, the Board of Adjustment conducted a noticed public hearing on Variance Application ZV-00-33. The Board of Adjustment denied the request after determining that it did not meet all of the required findings required by the Arizona State Statutes and the Glendale Zoning Ordinance. The required findings are as follows: • 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; • Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same district; • The variance is the minimum necessary to alleviate the property hardship; and • Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the City in general. 13 The record of the March 8, 2001 Board of Adjustment hearing consists of the following exhibits: • Nicolae and Robin Horga's letter of appeal dated March 14, 2001. • The Planning Department's report to the Board of Adjustment with attachments. • Verbatim minutes of the March 8, 2001 Board of Adjustment meeting. The recommendation was to review the record of the Board of Adjustment, consider the Horgas' 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 of Adjustment's decision. In response to a question posed by Councilmember Martinez, Mr. Flaaen explained that it appears the Board of Adjustment's main concern was the 30-foot front yard setback. However, the Board of Adjustment took a vote that denied all setback adjustment requests. Absent the applicant's request for reconsideration by the Board of Adjustment, the applicant would have to wait a year to come back to the Board of Adjustment to renew the variance request. Ms. Robin Horga, the applicant, expressed her appreciation to the Council for hearing the request. She recapped the history of the situation and the variance request. She noted that the staff report concurred that the application met findings one and two. With respect to finding three, Ms. Horga stated that she was asking for the amended setbacks from the Board of Adjustment to accommodate the project in question. She explained why this is the only feasible and financially viable area to build onto her home and stated the reason why other alternatives are not feasible. With respect to finding four, Ms. Horga's position was that this is the smallest home in the subdivision, and the proposed addition will only increase its value and benefit the neighborhood. Additionally, there are three very large pine trees that create a hazard to her house and the foundation. These would be removed. She noted that, within Thunderbird Acres, there are many different setbacks, some as little as 22-feet. She said she felt the 30-foot setback was a reasonable and fair amount to request. Councilmember Goulet asked if the pool was present when the homeowner purchased the home. Ms. Horga stated that it was not. Councilmember Goulet asked if the homeowner had checked with the City about procedural steps for a remodeling project prior to purchasing the home. Ms. Horga answered that she did not. She said, based on her extensive previous experience, she had no idea she would need any type of variance. Councilmember Clark asked for and was provided clarification on the amount of living space versus "under roof" space in the home. She estimated that the addition is fifteen feet wide and will provide an additional bedroom and family room. 14 Ms. Horga described the requested setback and the distance from the sidewalk for Councilmember Martinez. Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Frate, to affirm, in whole, the Board of Adjustment's decision. Councilmember Clark stated that, although she sympathized with the applicant, the Council must make its decision based on the record and Ms. Horga's clarifications. She felt that the Board of Adjustment's decision was not arbitrary or capricious. Councilmember Lieberman stated that he had looked at the property and found no evidence that would lead him to believe the Board of Adjustment acted in a capricious or arbitrary manner. He said he would, therefore, support the Board of Adjustment's decision. Councilmember Martinez stated that it was clear the Board of Adjustment struggled with this case, yet it was unable to approve the request because it did not meet all four findings. Upon a call for the question, the motion carried unanimously PUBLIC HEARING - LIQUOR LICENSES 14. LIQUOR LICENSE NO. 3-765 - JIMBO'S This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Jimbo's, which is located at 12224 North 51St Avenue. The previous owner operated this business as Jimbo's and held a series 6 (on- & off-sale retail, all liquor) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the 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. 15 15. LIQUOR LICENSE NO. 3-766 - CHIPOTLE MEXICAN GRILL NO. 1225 This was a request for a new series 12 (restaurant) license for Chipotle Mexican Grill No. 1225, which is located at 5880 West Thunderbird Road, No. 1. There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in this area by one. The establishment is over 300 feet from any school 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. 16. LIQUOR LICENSE NO. 3-767 - LALO'S AT THE RANCH This was a request for a new series 12 (restaurant) license for Lalo's at the Ranch, which is located at 20219 North 59th Avenue, Suite A2. The previous owner operated this business as Lalo's at the Ranch and held a series 12 (restaurant) license at this location. A new license is required because a series 12 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 14, 15, and 16. As there were no comments, she closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Applications No. 3-765 for Jimbo's; No. 3-766 for Chipolte Mexican Grill No. 1225, and No. 3-767 for Lalo's at the Ranch to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 16 PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSE 17. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE SISTER CITIES PROGRAM, INC. SEPTEMBER 14, 2001 - SEPTEMBER 152001 This was a request for a special event liquor license for the Glendale Sister Cities Program, Inc. The event is Fiesta Glendale, which will be located in downtown Glendale between 58th and 59th Avenues, and between Glendale Avenue and Glenn Drive. This event is sponsored by the City of Glendale. No liquor will be sold in Murphy Park. The event will be held from 1:00 p.m. to midnight on Friday, September 14, 2001 and from 1:00 p.m. to midnight on Saturday, September 15, 2001. If this license is approved, the total days expended by this applicant will be 2 of the allowed 10 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.02, the state of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs inquired about the event closing time. She said it was her belief that all events sponsored by the City ended at 10 p.m. Dr. Vanacour stated that he would investigate the matter and, if he found something in the City of Glendale ordinances prohibiting an event from going until midnight, the time would revert back to 10 p.m. In response to a suggestion made by Councilmember Goulet, Mr. Flaaen indicated that the Council could stipulate that liquor sales must cease at such time as is permitted under the current City of Glendale ordinance, but no later than 12 midnight. Mayor Scruggs said she believed the City had self-imposed a 10 p.m. event deadline because of the proximity of the event location to residences. She said she was concerned that the Council's action might override the Special Events Department's control over event times. She said her desire was that they retain the ability to restrict event closures to 10 p.m., if that was appropriate. Mr. Flaaen concurred with Mayor Scruggs. Mayor Scruggs opened the public hearing on Agenda Item No. 17. As there were no comments, she closed the public hearing. 17 It was moved by Lieberman, and seconded by Clark, to forward the Special Event Liquor License Application for Glendale Sister Cities Program, Inc., for an event called Fiesta Glendale, to be held on September 14 and 15, 2001, to be located in downtown Glendale, between 58th and 59th Avenues, and between Glendale Avenue and Glenn Drive, with the stipulation that the hour of closing is determined by the City ordinance. The motion carried unanimously. PUBLIC HEARING — ORDINANCE 18. ZONING ORDINANCE TEXT AMENDMENT Z-01-05: SECTION 3.200 REGARDING FEES Ms. Tabitha Perry, Associate Planner, presented this Planning Commission Initiative to amend Section 3.200 regarding the fees required by the Zoning Ordinance. The amendment will state that, "All fees shall be due at the time of application or submission of the request. The City of Glendale or the City of Glendale Councilmembers, when acting in their official capacity, shall be exempt from all fees required by this ordinance." The existing ordinance does not define when fees for some services are required. The amendment clarifies that fees are due when an application or request is filed. The proposed amendment also recognizes that City officials or Councilmembers are exempt from fees when acting in their official capacity. At its April 5, 2001 hearing, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Z-01-05. At the hearing one citizen spoke in opposition to the amendment. The recommendation was to conduct a public hearing, approve Zoning Ordinance Text Amendment Z-01-05, waive reading beyond the title, and adopt an ordinance amending the text of the zoning ordinance. Ordinance No. 2193 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, ARTICLE 3 (ADMINISTRATION) BY AMENDING SECTION 3.201 RELATING TO FEES; AND SETTING FORTH AN EFFECTIVE DATE. Mayor Scruggs opened the public hearing on Agenda Item No. 18. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2193 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. 18 19. SRP IRRIGATION EASEMENT, BETHANY HOME ROAD BETWEEN 74TH AND 77 AVENUES Mr. Larry J. Broyles, Acting City Engineer, presented this item. The City's Bethany Home,Road street improvements will require Salt River Project to relocate an existing irrigation facility. Salt River Project has therefore requested an irrigation easement within the right-of-way on the south side of Bethany Home Road between 74th and 75th Avenues. The relocation of this line is currently in construction. There are no costs associated with the granting of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement in favor of Salt River Project for an irrigation easement. Ordinance No. 2194 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRRIGATION EASEMENT IN FAVOR OF SALT RIVER PROJECT FOR STREET IMPROVEMENTS IN BETHANY HOME ROAD TO RELOCATE AN EXISTING IRRIGATION FACILITY IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2194 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. 20. APS UTILITY EASEMENT._OASIS AQUIFER RECHARGE FACILITY, 79TH AVENUE NORTH OF UNION HILLS Mr. Larry J. Broyles, Acting City Engineer, presented this item. Arizona Public Service has requested a utility easement at 19000 North 79th Avenue. This easement is necessary in order to provide the City's Oasis Aquifer Recharge Facility with electrical service. Arizona Public Service has been granted a right-of-entry to begin construction at this facility. There are no costs associated with granting this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement in favor of Arizona Public Service for a utility easement. Ordinance No. 2195 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ORDINANCE NO. 2195 NEW SERIES. AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT IN ORDER TO PROVIDE THE CITY'S OASIS WATER RECHARGE FACILITY WITH ELECTRICAL SERVICE IN 19 GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Martinez, and seconded by Lieberman, to approve Ordinance No. 2195 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. 21. UNDERGROUND POWER EASEMENT TO ARIZONA PUBLIC SERVICE COMPANY LOCATED AT SKUNK CREEK NORTH OF BELL ROAD Mr. Larry J. Broyles, Acting City Engineer, presented this item. Arizona Public Service Company has requested an easement to install and maintain underground electrical power lines at Skunk Creek, north of Bell Road. Increased growth in the Arrowhead area has mandated the need for additional feeder cable to act as a back up to relieve pressure and prevent power outages. The plan includes installation of two five-inch conduits tunneled under Skunk Creek. The Army Corp of Engineers has reviewed this project and concluded that it would not require a 404 permit (allowing the City to work within a river bottom), but would fall under Section 404 Utility Discharge Line. The Flood Control District of Maricopa County has also been contacted and has no opposition to Arizona Public Service Company's proposal to underground at this location. There are no costs associated with the granting of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the execution of an underground power easement in favor of Arizona Public Service Company. Ordinance No. 2196 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY TO INSTALL AND MAINTAIN UNDERGROUND ELECTRICAL POWER LINES AT SKUNK CREEK, NORTH OF BELL ROAD, IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Lieberman, to approve Ordinance No. 2196 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. 20 BOARDS AND COMMISSIONS 22. BOARDS AND COMMISSIONS An appointment is to be made to the following commission that has a vacancy or expired term. Effective Term Date Expires Citizen's Advisory Commission on Neighborhoods Tosh, Susan (Yucca) Appointment 05/29/2001 06/30/2003 The recommendation was to make the appointment to the Commission. It was moved by Martinez, and seconded by Clark, to appoint Susan Tosh (Yucca District appointee) to the Citizen's Advisory Commission on Neighborhoods for a term commencing on May 29, 2001 and terminating on June 30, 2003. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to enter into an Executive Session this evening, May 29, 2001, following the adjournment of this evening's Council meeting, for the purpose of discussing the recruitment process for the position of City Manager and receiving an update from the City Attorney regarding the scope and application of Execution Session items, pursuant to A.R.S. 348-431-03. The motion carried unanimously. It was moved by Eggleston, and seconded by Frate, to hold a Regular City Council Workshop at 1:30 p.m. on Tuesday, June 5, 2001, in Room 3-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. It was also moved to hold a Special Budget Evening Meeting at 5:30 p.m. on Tuesday, June 5, 2001, in the City Council Chambers. The motion carried unanimously. CITIZEN COMMENTS Ms. Vicki Hilb, a resident of the City of Glendale Sahuar o District, stated that she moved to Glendale four years ago and she and her son have been victims of stalking, property damage, threats, and other crimes. She called for the City to dedicate resources to help its residents in these types of situations. Mayor Scruggs asked that Dr. Vanacour have the Police Department contact Ms. Hilb. 21 Mr. Robert R. Edwards, a resident of the City of Glendale Cholla Districts advised the Council of a problem with one of his neighbors, who has 20 to 40 rabbits in a residential neighborhood not zoned for this type of activity. He said he had called the City's Code Enforcement Department and the Maricopa County Humane Society - to no avail. Mayor Scruggs asked Dr. Vanacour to look into the matter. Ms. Linda Hamilton-O'Sullivan, a resident of the City_of Glendale_Cactus District, voiced her concern that Hayscale, Inc., in pursuit of the Walmart development, caused the City to expend a large sum of money, which could have been better spent. She called for the City to try to recover those costs and noted that the City of Glendale is being watched by the nation in reference to this situation. She said she was also concerned with what she felt was a misleading advertising campaign by Hayscale. Mayor Scruggs directed the City Attorney to respond to Ms. Hamilton-O'Sullivan. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark encouraged residents to attend upcoming public meetings on the Western Area Plan and the Bethany Home Outfall project. Councilmember Goulet noted that there would be a Sands Estate neighborhood meeting on Thursday, May 31st at Landmark School. Councilmember Lieberman cautioned parents with small children to watch their children carefully around water. Councilmember Martinez agreed with Councilmember Lieberman's cautionary statement. Councilmember Frate encouraged Glendale residents to display their flags on Memorial Day. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. Pamela Oliveira - City Clerk 22