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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/24/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JULY 24, 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 GLENDALE CHARTER A statement was filed by the City Clerk that the nine resolutions and five ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JULY 10, 2001 COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the Regular Council Meeting held on July 10, 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 11 and 13 through 16 by number and title. Agenda Item No. 12 was heard separately. 1. 2001 — 2002 PERFORMING ARTS GRANTING PROGRAM FUNDING RECOMMENDATIONS In January of 1996, the City Council approved the Performing Arts Granting Program to motivate, increase, and support the performing arts in Glendale. Disciplines included in performing arts are music, theater, and dance. Individual grant awards cannot exceed $2,500 and are funded from the Municipal Arts Fund. Since the inception of this program, 34 Performing Arts Grants, totaling $79,105, have been authorized for funding. Now in its sixth year, ten grant applications, totaling $25,000, were submitted by the entry deadline of April 23, 2001. At its May 16, 2001, meeting, the Arts Commission evaluated and scored the grant applications according to the criteria established in the grant program guidelines. The evaluation criteria includes the level of artistic quality; ability to serve the needs of the community, including affordability and access; the organization's ability to complete the project; and evidence that the program would not be possible without the grant. At its June 27, 2001 meeting, the Arts Commission recommended funding nine grant applications for the full amount requested. Grants recommended for funding are: Bicentennial North Elementary School ($2,500), Childsplay, Inc. ($2,500), Copperwood Elementary School ($2,500), Dove of the Desert United Methodist Church ($2,500), the Glendale Public Library ($2,500), Horizon Elementary School ($2,500), Ironwood High School ($2,500), Peoria Unified School District ($2,500), and Sahuaro Ranch Foundation ($2,500). Not recommended for funding was Sweetwater Elementary School, which is in the Washington School District located in the City of Phoenix. It was not eligible for funding because it did not meet the requirement that the performance must be held in the City of Glendale. The total amount recommended for funding was $22,500. This project will be funded by the Municipal Arts Fund, Account Number 70-9700-8800. The Municipal Arts Fund has a current balance of $705,536. The recommendation was to authorize the City Manager to execute the contracts and documents to complete the awards. 2. FINAL PLAT APPLICATION FP-01-01: "CAMINO ESTATES": NORTHWEST CORNER OF 71ST AVENUE AND CLAREMONT STREET This was a request by Core Group Consultants for final plat approval for a subdivision titled "Camino Estates". The site is located on the northwest corner of 71st Avenue and Claremont Street. The subdivision includes 80 single-family lots on 20.1 acres, at a density of 3.99 dwelling units per gross acre. Lots range in size from 6,372 square feet to 16,015 square feet, with an average lot size of 7,124 square feet. The minimum lot width is 60 feet. The final plat is in conformance with the existing R1-6 (Single Residence) zoning and the preliminary plat approved by the Planning Commission on November 16, 2000. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application FP-01-01. 3. FINAL PLAT APPLICATION FP-01-03: 6650 WEST PARKSIDE LANE This was a request by Bassett Construction for final plat approval for a subdivision titled "Copper Ridge Estates". The site is located at the northeast corner of 67th Avenue and Parkside Lane. 2 The subdivision includes 12 lots on 15.5 gross acres, at a density of .77 dwelling units per gross acre. Lots vary in size from 1.07 acres to 1.22 acres, with an average lot size of 1.13 acres. The proposed minimum lot width is 156 feet and the minimum lot depth is 296 feet. The final plat is in conformance with the existing RR-45 (Rural Residential) zoning district and the preliminary plat approved by the Planning Commission on March 15, 2001. The recommendation was to approve Final Plat Application FP-01-03. 4. SEWER SERVICE AREA AMENDMENT Russell Ranch is a development located at the extreme southwest corner of the Glendale strip annexation area located between Camelback Road, Citrus Lane, Bethany Home Road, and Perryville Road. A developer has plans to construct a large lot development that meets the Maricopa County development requirements. In order to construct a wastewater treatment facility to serve this area, the City of Glendale must sponsor a change to the Maricopa Association of Governments Regional Sewer Service Area Plan (MAG 208 Plan). Since this area is far removed from existing City sewer systems and the development of a regional system is not under way, the removal of the area from Glendale's sewer service area is a logical solution for this particular area at this time. The recommendation was to allow staff to sponsor the amendment to the Regional Sewer Service Area Plan, which will permit Citizens Water Resources to serve this year. 5. AWARD OF CONSTRUCTION CONTRACT— MANISTEE RANCH PARK This was a request for City Council approval of a construction contract to Nickle Contracting, LLC in the amount of $368,551.42 for the improvements at Manistee Ranch Park. The base bid amount is $348,676.22 and the recommended add alternates total $19,875.20. The work includes the development of pedestrian paths, benching, fencing, restoration of existing landscape and lawns, irrigation, and development of a new parking lot to serve the facility. The bid schedule included five add alternates that addressed various site development issues. Staff requested approval of Add Alternates 1 through 4. Add Alternate 1, in the amount of $7,320, will establish a bubbler type irrigation system for the existing citrus trees. Add Alternate 2, in the amount of $5,824, will provide a concrete header bordering the vehicular drive and pedestrian walkways. Add Alternate 3, in the amount of $2,000, is for the enhancement of the two vehicular entries on Northern Avenue through relocation of the existing monuments. Add Alternate 4, in the amount of $4,731.20, represents the removal of the surface material in the existing vehicular drive to a depth of two inches, and replacement and grading with a pea-gravel slurry. 3 It was decided by the City of Glendale Parks and Recreation Department and the Glendale Historical Society that the additional palm trees included in Add Alternate 5, in the amount of $84,000, were not needed. Three bids were received and opened on June 27, 2001. Nickle Contracting, LLC submitted the low base bid in the amount of $348,676.22. Inclusion of Add Alternates 1, 2, 3, and 4 brings the adjusted low bid to $368,551.42. A transfer in the amount of $49,551 needs to be made from Park Enhancements Account Number 36-8517-8300 into Park Bonds Fund Account Number 36-8510-8330 to cover the cost of this project. The recommendation was to approve the transfer of funds and award the construction contract to Nickle Contracting, LLC for the base bid amount, plus Add Alternates 1, 2, 3 and 4 in the amount of $368,551.42. 6. AMENDMENT TO CONTRACT NUMBER 99-35, GENERAL ENGINEERING SERVICES The City Council approved Contract Number 99-35 on October 12, 1999 to Bryan A. Stirrat and Associates for general engineering services to provide routine and special project support related to landfill development and operation. Examples of these services include routine design activities, permit preparation, contractor project management, environmental controls implementation, and regulatory agency interaction. The initial term of the contract is for three years and contains an option clause that permits the City, at the discretion of the City Manager, to extend the agreement an additional two years, in one-year increments. The Glendale Landfill is required by federal law to install a gas collection and management system by July 1, 2002 to meet the New Source Performance Standards (NSPS). The system was designed by Bryan A. Stirrat and Associates under the existing general engineering services contract. The design was subsequently approved by Maricopa County and the system is planned for construction beginning in August of 2001. The system must be constructed and fully operational by July 1, 2002. Construction management services will be necessary to assist Engineering Department staff with the management of the construction project. The scope of this project is directly related to the existing general engineering services contract with Bryan A. Stirrat and Associates. It is in the best interests of the City to utilize the designer of the system, Bryan A. Stirrat and Associates, for construction management services. The fees and terms and conditions of the contract shall remain consistent with the original contract. Funds are available and will be transferred from Landfill Soil Excavation North-West Parcel Account Number 55-9604- 8330 to NSPS Landfill Gas System Account Number 55-8035-8330. 4 The recommendation was to approve the transfer of funds and an amended contract with Bryan A. Stirrat and Associates to include management and consulting services, as required during the construction of the new NSPS approved gas collection and management system, for an amount not to exceed $143,446. The revised total contract price for general engineering and management and consulting services for Fiscal Year 2001-2002 is not to exceed $498,446, taxes included. 7. ARROWHEAD RANCH AMENITIES CONTRACT AMENDMENT Arrowhead Ranch was developed as the first large master planned project in the City of Glendale. The project was one of the first in the State of Arizona to include lakes that were designed to provide an amenity to the development. The lakes and landscaping in the development provided a permanent use for the water created by the treatment facility. In 1991, the City entered into an agreement with the developer to create a non-profit organization to distribute the water to all of the individual users on the Ranch. Arrowhead Ranch Amenities, Inc., ("Amenities") became the non-profit vendor of the water that fills the lakes and provides irrigation for golf courses and landscaping. The use of treated effluent in Arrowhead Ranch has benefited every resident in Glendale by reducing the volume of groundwater and treated water used per household. Reuse of effluent has allowed the attraction of economic development projects that would have been more difficult to attract without Arrowhead Ranch to showcase the City's potential. Developer Hunt-Stephens constructed the Arrowhead Wastewater Treatment Plant and sold it to the City. Effluent is used by the City to water arterial street rights-of-way on the Ranch, fill private lakes and irrigate golf courses and landscaping. The water is paid for based on an agreement developed with Arrowhead Amenities, Inc. The proposed amendment to the agreement will modify a number of the provisions of the agreement, including the cost of water. The 1991 agreement required that Amenities pay the operating costs of the treatment facility. The new agreement provides for the sale of water to Amenities based on a volume of use charge. It allows the City to recharge water when it is not needed (during the winter months) and recover the recharged water and deliver it during high use periods. This will reduce the amount of water pumped from groundwater wells and will positively impact the City's commitment to the Arizona Department of Water Resources to reduce the mining of groundwater. The proposed rate for effluent from the plant or from the recharge and recovery wells is $120 per acre-foot. The agreement allows the cost to be amended each year based on an inflation factor that will not exceed 4% per year. There is also a provision for adjustments to the agreement every five years. Estimated income from the new agreement will be approximately $357,000. That is equal to a 7% increase over the amount paid by Amenities last year. The proposed cost compares favorably with similar agreements for water throughout Arizona. 5 The recommendation was to adopt the second amendment to the Arrowhead Ranch Amenities, Inc., agreement with the City of Glendale. 8. PROFESSIONAL SERVICES AGREEMENT WITH THE MAGUIRE COMPANY This was a request to enter into a professional services agreement with the Maguire Company to conduct a study on the statewide economic impact of Arizona's military installations. In March of 2001 , the City of Glendale hired Lieutenant General Eugene Santarelli, President of S'Relli Consulting, LLC, a Tucson-based consulting firm. General Santarelli began his consulting company in 1998 after serving in the United States Air Force for 32 years and achieving the rank of Three Star General. The first element of General Santarelli's work was to familiarize himself with the issues facing Luke Air Force Base and its operations and develop a list of recommended actions that state and local leaders should take to help ensure Luke Air Force Base's mission viability. On July 3, 2001, General Gene Santarelli presented to the Council a list of recommended concepts that could be implemented in Arizona to assist Arizona's military facilities. These concepts included a statewide economic impact study of Arizona's military installations, a West Valley area land use plan, and the creation of a statewide commission or alliance to develop a master plan for the future of Arizona's defense community. The first of General Santarelli's recommendations, was the development of a statewide economic impact study of Arizona's military installations. As a result, the City of Glendale solicited a proposal by the Maguire Company to complete this project. The Maguire Company provides consulting services to corporate and government entities. One of the Maguire Company's strongest assets is in the financial and quantitative analysis service area. For the economic impact study project, the Maguire Company agrees to compile data and provide a report demonstrating the statewide economic benefits of Arizona's military installations. The report will also show the impact these installations have on each region, and generally within cities and legislative districts. The Maguire Company proposes that the economic impact study will be completed in approximately three to six months from the time they are provided information from the military facilities. The cost for the economic impact study is $90,000. It is the hope of the city of Glendale that cities throughout the State will join together and jointly fund this project. As of this date, the City of Peoria will contribute $10,000, the City of Surprise will contribute $2,500, the City of Goodyear will contribute $2,500, and the Town of Wickenburg will contribute $1,000. It is believed that other cities will be coming forward soon, as well as the State of Arizona, which will reduce the cost to the City of Glendale. The recommendation was to approve the professional services agreement with the Maguire Company in the amount of $90,000. 6 CONSENT RESOLUTIONS 9. CRIMINAL JUSTICE ENHANCEMENT FUND GRANT The Police Department's Selective Enforcement Unit is involved in operations that include the apprehension of those involved in such property crimes as burglary and theft. This unit has been very successful over the last few years in using grant funds to recover thousands of dollars worth of stolen property. This Criminal Justice Enhancement Fund Grant will provide funding from the Arizona Department of Public Safety in the amount of $22,300 for the Selective Enforcement Unit. These funds will be used to purchase stolen property from reported dealers and to pay the costs of other investigative strategies. There will be no cost to the City in receiving this grant. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an agreement with the Arizona Department of Public Safety to receive the requested funds. Resolution No. 3485 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A $22,300 GRANT FROM THE ARIZONA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL JUSTICE ENHANCEMENT FUND, FOR THE SELECTIVE ENFORCEMENT UNIT OF THE GLENDALE POLICE DEPARTMENT. 10. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR THE SPECIAL TRANSPORTATION SERVICES PROGRAM On May 8, 2001, the City Council approved the allocation of Fiscal Year 2001- 2002 Community Development Block Grant (CDBG) funds in the amount of $8,000 to the Maricopa County Human Services Department for the Special Transportation Services (STS) Program. This program will provide an alternative for transit-dependent elderly and disabled individuals who generally cannot use public transportation because of health problems. Approximately 2,000 trips will be provided to Glendale residents to medical and/or social service appointments outside the City limits. Maricopa County will utilize the CDBG funds for the operational costs of the Special Transportation Services Program, including vehicle fuel and vehicle maintenance. This contract is with another government agency and requires an intergovernmental agreement, which must be approved by a resolution. The allocation of $8,000 will be paid from Community Development Block Grant Account Number 11-7375. 7 The recommendation was to waive reading beyond the title and adopt a resolution authorizing an intergovernmental agreement with Maricopa County to provide Community Development Block Grant (CDBG) funds for the Special Transportation Services (STS) Program. Resolution No. 3486 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 HUMAN SERVICES DEPARTMENT TO PROVIDE TRANSPORTATION SERVICES FOR LOW/MODERATE INCOME INDIVIDUALS IN GLENDALE TO THEIR MEDICAL AND SOCIAL SERVICES APPOINTMENTS. 11. INTERGOVERNMENTAL AGREEMENT WITH THE GLENDALE ELEMENTARY SCHOOL DISTRICT #40 FOR THE "SHOW THEM A BETTER WAY" INTRAMURAL SPORTS PROGRAM On May 8, 2001, the City Council approved the allocation of Fiscal Year 2001- 2002 Community Development Block Grant (CDBG) funds in the amount of $15,000 to the Glendale Elementary School District for the "Show Them a Better Way" Intramural Sports Program. The Intramural Sports Program will be provided at ten schools in the Glendale Elementary School District for students in grades 4 to 6. It is estimated that the program will assist 450 students from low and moderate income families. This contract is with another government agency and requires an intergovernmental agreement, which must be approved by a resolution. The allocation of $15,000 will be paid from Community Development Block Grant Account Number 11-7388. The recommendation was to waive reading beyond the title and adopt a resolution authorizing an intergovernmental agreement with the Glendale Elementary School District to provide Community Development Block Grant funds for the "Show Them a Better Way" Intramural Sports Program. Resolution No. 3487 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 GLENDALE ELEMENTARY SCHOOL DISTRICT #40 FOR THE "SHOW THEM A BETTER WAY" INTRAMURAL SPORTS PROGRAM. 13. RYAN COMPANIES U.S., INC. DEVELOPMENT AGREEMENT This was a request to enter into a development agreement with Ryan Companies U.S. (Ryan). Ryan is interested in leasing approximately 16 acres of land from the City of Glendale at the Glendale Municipal Airport for the purpose of constructing a 160,000 8 square foot manufacturing and office facility. The purpose of the development agreement is to identify public assistance for the project, and outline the general terms for the lease to be negotiated by staff and approved by the City Council at a later date. The City of Glendale will provide up to $620,000 in reimbursements. The reimbursements include up to $460,000 for off-site infrastructure, up to $100,000 to reimburse impact fees, and up to $60,000 to rebate the construction sales tax collected. This project provides several benefits to the community. Ryan will construct a 160,000 square foot manufacturing and office facility that will seed the City's Airport industrial park and attract additional users. The facility will be leased by Ryan to Groen Brothers Aviation, which will employ approximately 400 employees, earning an average wage of $27.00 per hour. The total project capital investment will be approximately $14,000,000. The following summarizes the general terms for the lease: • Up to a 65 year term. • Approximately 16 acres, with a 12 month option to lease an additional 10 acres. • Lease rate of $0.125, with compounded CPI adjustments in Year 11, Year 20, and every subsequent five-year period. The infrastructure portion of this project will be financed by using Economic Development bonds. This project will be incorporated in the Fiscal Year 2001-02 Capital Improvement Program as Project Number 32-9611. Economic Development bonds were issued in Fiscal Year 1999-00 and are available. A transfer of appropriation is required in the amount of $460,000 from Redevelopment Land Acquisition Account Number 32-9606-8100 to Economic Development Infrastructure Account Number 32-9611-8300. This project meets the City Council objective of creating high-quality jobs within proximity to Glendale residents and new capital investment within the community. The recommendation was to waive reading beyond title and adopt a resolution that will authorize the City Manager to enter into a development agreement with Ryan Companies U.S., Inc. and approve the transfer of $460,000 from Redevelopment Land Acquisition Account Number 32-9606-8100 to the Economic Development Infrastructure Account Number 32-9611-8300. Resolution No. 3489 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DEVELOPMENT AGREEMENT WITH RYAN COMPANIES U.S., INC.; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. 9 14. NOTICE OF INTENT TO RAISE SEWER USER CHARGES After an in-depth study of the water and wastewater system, the City Council reviewed the Fiscal Year 2001-02 operating budgets, the Capital Improvement Plan for Fiscal Years 2002-11, and associated rate recommendations during it Council Workshop held on June 5, 2001. As evidenced by the study, the costs of constructing, maintaining, and operating a utility system are continuing to increase. The in-depth study included an evaluation of the existing rate structure, assessment of the sewer rate calculation formula, and evaluation of the Capital Improvement Plan. The Capital Improvement Plan includes expansion of the West Area Wastewater Reclamation Facility and improvements to the 91st Avenue Wastewater Treatment Plant to address both existing and projected treatment requirements. The Council concurred with the findings of the water and sewer rate analysis conducted by Black & Veatch, which incorporated the results of the comprehensive utility system study and directed staff to start the process of adopting the recommended 4% sewer revenue adjustment and modification to the sewer user charge schedule. This is the first 4% adjustment of the recommendation for 4% revenue increases for three years. These adjustments will have varying effects on residential and commercial customers. As required by Arizona State Law, A.R.S. 9-511.01, the Council must adopt a notice of intention to increase water or wastewater rates. Also, as required, a copy of the Black & Veatch Water and Sewer Rate Study is on file with the City Clerk's Office and a public hearing on the proposed increase is scheduled for September 11, 2001. Notice of this public hearing will be published in the Glendale Star not less than twenty days prior to the public hearing date. The recommendation was to waive reading beyond title and adopt a resolution declaring the City's intent to raise sewer user charges and setting the date of a public hearing on the proposed increases for September 11, 2001. Resolution No. 3490 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THIS NOTICE OF INTENTION TO INCREASE SEWER USER CHARGES; SETTING A PUBLIC HEARING ON THE PROPOSED INCREASE; AND FILING A WRITTEN REPORT SUPPORTING THE PROPOSED INCREASE WITH THE CITY CLERK. 15. RESOLUTION OF INTENT TO INCREASE IMPACT FEES Impact fees are one-time charges to developers that are used to offset the costs resulting from new development. In 1994, the City undertook an impact fee study that was completed and implemented on February 1 , 1997. Again in 1999, the City undertook an impact fee study that was completed and implemented on September 25, 2000. Recently, the City Council approved the contract to have Tischler & Associates review the previous study and make recommendations for expanding the fees to cover the actual cost of development to the City. Tischler & Associates completed the study and recommended changes to the current fees. The Council reviewed the 10 recommendations on June 5th, 2001 and directed staff to start the process of adopting the new fees. Arizona State law requires that, prior to increasing impact fees, the City follow several required steps. The first step is to pass a resolution stating the City's intent to increase impact fees. The second step is to publish a notice in the Glendale Star, setting the date of a public hearing regarding the new fees. The third step is to hold a public hearing at least thirty days after the resolution of intent to increase impact fees that is also at least twenty days after the public notice published in the Glendale Star. The fourth step is to adopt an ordinance changing the impact fees at least fourteen days after the public hearing and set the effective date of the new fees at least 90 days after the ordinance is adopted. The recommendation was to waive reading beyond the title and adopt a resolution declaring the City's intent to raise impact fees and setting the date of a public hearing on impact fee increases for September 11, 2001 . Resolution No. 3491 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THIS NOTICE OF INTENTION TO INCREASE DEVELOPMENT IMPACT FEES; SETTING A PUBLIC HEARING ON THE PROPOSED INCREASE; AND FILING A WRITTEN REPORT SUPPORTING THE PROPOSED INCREASE WITH THE CITY CLERK. 16. PRE-ANNEXATION DEVELOPMENT AGREEMENT FOR HICKMAN PROPERTIES The City is entering into a contract to purchase approximately 29.6 acres from the Hickman family. As a condition of the purchase agreement, the City and the property owners agree to enter into a pre-annexation development agreement in order to provide for the orderly annexation of the property and the zoning of the property under City zoning districts most comparable to the County zoning districts in which the Property was located prior to such annexation. As part of the consideration for the execution of this agreement and the purchase agreement, the owners have agreed to relocate the existing pig farm business operations presently being conducted on one of the parcels comprising the property immediately upon conveyance of title of said parcel of the property to the City. The agreement also provides for the removal of the other agricultural uses in a reasonable timeframe. The acquisition, annexation, and zoning of the property will provide substantial benefit to the City by spurring regional economic development and removing a land use that is incompatible with the plan for high-quality development in the surrounding area. The resultant development will generate tax and other revenues for the City and encourage incremental regional development. 11 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into the Pre-Annexation Development Agreement with the Hickman Family. Resolution No. 3492 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH BILLY G. AND GERTRUDE L. HICKMAN, ET AL.; AND DIRECTING THAT THE PRE-ANNEXATION DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Eggleston, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 11 and Nos. 13 through 16, including the approval and adoption of Resolution No. 3485 New Series, Resolution No. 3486 New Series, Resolution No. 3487 New Series, Resolution No. 3489 New Series, Resolution No. 3490 New Series, Resolution No. 3491 New Series, and Resolution No. 3492 New Series. The motion carried unanimously. 12. AMENDMENT TO DEVELOPMENT AGREEMENT NO. C-3998 WITH THE MARLIN GROUP Mr. Jim Colson, Economic Development Director, presented this item. On November 23, 1999 the City of Glendale approved a development agreement with The Marlin Group for the development of class "A" office space and a retail power center at 83rd Avenue and Union Hills Drive. Work to develop the site, the project, the off-site improvements, and the on-site improvements has been delayed for reasons beyond the control of the property owner. An amendment to the development agreement is necessary in order to extend certain dates specified in the development agreement for the completion of certain work and for the payment of rebates to the property owner. In the original development agreement, construction of the Class "A" office space had to commence within 5 years of the effective date of the agreement. The amendment changes the Class "A" office space to be commenced within 5 years from the issuance of the Certificate of Occupancy for the retail space issued by the City. Originally, as a condition precedent to receiving the Transaction Privilege Tax rebate, construction of the 80,000 square feet of retail space had to be completed within three years of the effective date of the agreement. The amendment states that construction has to be completed by December 31 , 2003 and that is based upon the issuance of a Certificate of Occupancy for the first building constructed. The recommendation was to adopt the First Amendment to Resolution No. 3330, which authorized the Development Agreement with The Marlin Group. 12 Resolution No. 3488 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 THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH THE MARLIN GROUP, INC. FOR THE DEVELOPMENT OF CLASS "A" OFFICE SPACE AND A RETAIL POWER CENTER AT 83RD AVENUE AND UNION HILLS; AND DIRECTING THAT THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Clark, and seconded by Lieberman, to approve the recommended action on Consent Agenda Item No. 12 and to pass, adopt and approve Resolution No. 3488 New Series. The motion carried unanimously. LAND DEVELOPMENT ACTIONS 17. DESIGN REVIEW APPLICATION DR-00-33: "ARROWHEAD COMMERCE PARK" — 7290 WEST CAMINO SAN XAVIER Mr. Ricardo Toris, Senior Planner, presented this request by Beus Gilbert for Design Review approval for the Arrowhead Commerce Park. The 21-acre parcel is located at the northeast corner of the 73rd Avenue street alignment and Camino San Xavier, immediately south of the Secluded Acres neighborhood. City Council approval of this development plan is required as a stipulation of the PAD (Planned Area Development) zoning on this property. The applicant's development plan and project narrative show an 18—lot business park development that will accommodate office and light industrial uses. The property will be subdivided at a later date and be served by private streets. All uses in the park will be subject to Development Guidelines. The Development Guidelines include approved building materials and colors, an approved landscape palette, and design standards for perimeter walls, lighting, and building architecture. The project is intended to be a campus-like design compatible with the existing neighborhood. On July 12, 2000, the applicant met with residents to explain the project and receive comments on the site design. Nine residents attended the meeting and expressed support for the project. This request is consistent with the North Valley Specific Area Plan, the PAD zoning, and the City's adopted Commercial Design Expectations. Staff recommended six stipulations to address lighting, perimeter and screen wall design, signage, landscape improvements, and the timing of perimeter wall construction. 13 The recommendation was to approve Design Review Application DR-00-33, subject to six stipulations recommended by staff. Mr. Paul Gilbert with the law firm of Beus Gilbert located in Phoenix Arizona, the applicant's representative, stated that they were in complete agreement with staff's stipulations and would comply with the North Valley Specific Area Plan and the City's commercial design expectations. Mr. Bruce Campbell, residing in the city of Scottdale, Arizona, offered to answer any questions that the Council might have. There were no questions for Mr. Campbell It was moved by Lieberman, and seconded by Martinez, to approve Design Review Application DR-00-33, subject to the six stipulations recommended by staff. The motion carried unanimously. Councilmember Martinez stated that this was a good project. He said it would complement other development. Councilmember Goulet said he appreciated the applicant's willingness to provide a good product. BIDS AND CONTRACTS 18. PRELIMINARY AND FINAL DESIGN OF BICYCLE IMPROVEMENTS TO GLENDALE AVENUE BETWEEN 99TH AVENUE AND NEW RIVER ROAD Mr. Jim Book, Transportation Director, presented this request for City Council approval of a professional services agreement with INCA Engineers, Inc. in an amount not to exceed $288,835 for the design of improvements along Glendale Avenue between 99th Avenue and New River Road to accommodate bicycle traffic. The project includes widening Glendale Avenue to provide a minimum five-foot bike route between 99th Avenue and New River Road, leading up to and leaving the New River Bridge. The project will also include a means for bicycles to cross New River. The new bike route would connect existing facilities on Glendale Avenue, from 67th to 99th Avenues, and from New River Road to Litchfield Road, thus eliminating a major barrier to cyclists between downtown Glendale and Luke Air Force Base. A request for letters of interest was developed and sent to 40 consulting firms throughout the Valley, as well as publicly advertised in the Glendale Star and East Valley Tribunes newspapers. Ten firms responded. Staff prepared a request for proposals (RFP) in order to obtain the professional services needed to prepare the construction plans and specifications necessary to construct this project. The RFP was sent to 10 consulting firms; eight firms responded. A team of employees from the Transportation and Engineering Departments reviewed and ranked the eight proposals. After review of the proposals, staff selected the firm of INCA Engineers, Inc. to perform 14 the required services. A summary of these rankings was presented to the Council in their packets. The basic services in the agreement include design and bidding services. The basic services are scheduled to be completed within 18 months of the Notice to Proceed. The fee for the professional services agreement to design and prepare construction plans for the project is $288,835. Funds in the amount of $240,000 for design are available through a Federal Congestion Mitigation and Air Quality (CMAQ) grant, with a required City contribution of $48,835. Funds are available in the Capital Improvement Program, Account Number 62-9443-8330. It is expected that construction funds will be provided by a Federal grant administered by the Arizona Department of Transportation. The recommendation was to approve the agreement with INCA Engineers, Inc. in the amount of $288,835. Mr. Book clarified for Councilmember Lieberman that the project is expensive because the bridge is basically being rebuilt. It was moved by Clark, and seconded by Goulet, to approve the agreement with INCA Engineers, Inc. in the amount of $288,835. The motion carried unanimously. 19. APPROVAL OF AGREEMENT, 95TH AVENUE INTERCEPTOR SEWER, CAMELBACK ROAD TO MARYLAND AVENUE Mr. Larry Broyles, Acting City Engineer, presented this request for approval of a professional services agreement with the engineering firm, Morrison-Maierle Arizona, Inc., in an amount not to exceed $221,900, for the engineering services required for the installation of an interceptor sewer in the 95th Avenue corridor from Camelback Road to Maryland Avenue. The December 2000 "West Area Sewer Depth Study" prepared by HDR Engineering identified the need for a new sewer along the 95th Avenue corridor to serve the area south of Glendale Avenue between 91St Avenue and Outer Loop Highway. The proposed development of an arena for the National Hockey League Coyotes has created the need for this sewer to be installed by the spring of 2003. The firm of Morrison-Maierle Arizona, Inc. was selected from the Engineering Department's list of ten pre-qualified engineering firms to perform the engineering services needed for the 95th Avenue Interceptor Sewer project. A transfer of funds in the amount of $221,900 needs to be made from Contingency Account Number 50-2455-7000 into 95th Avenue Interceptor Sewer Account Number 50-9241-8300. 15 The recommendation was to approve the transfer of funds and the professional services agreement with Morrison-Maierle Arizona, Inc. in an amount not to exceed $221,900. Vice Mayor Eggleston asked if conduit for fiber optic cable could be installed in the sewer lines. Mr. Broyles replied that they had researched the concept and believed it would be dependent on the capacity of the existing sewer lines. Vice Mayor Eggleston suggested that they forward the idea on to the design company. It was moved by Martinez, and seconded by Frate, to approve the transfer of funds and the professional services agreement with Morrison-Maierle Arizona, Inc. in an amount not to exceed $221,900. The motion carried unanimously. 20. AWARD OF CONSTRUCTION CONTRACT — CITY OF GLENDALE LANDFILL GAS EXTRACTION SYSTEM Mr. Larry Broyles, Acting City Engineer, presented this request for City Council award of a construction contract to AESE/Golden Environment in the amount of $1,435,192.90 for the construction of the City of Glendale Landfill Gas Extraction System. The need for expanding the gas management system at the landfill was discussed with the City Council at its February 6, 2001 Workshop regarding the proposed Landfill Development Plan and was identified as part of the Landfill Improvement Program as presented to the City Council on March 6, 2001. By federal law, the Glendale Landfill is required to install an expanded gas collection and management system to meet the New Source Performance Standards (NSPS). The existing gas collection system which was installed at the Landfill in 1996 is a perimeter gas extraction system designed to prevent the lateral migration of methane gas, as required at the time. In January of 2000, based on a required annual emissions inventory report, it was determined that the Landfill was subject to the new source performance standards requirements. Regulations now require the control of methane and other greenhouse gas emissions that migrate vertically from the surface of the Landfill. The new gas management system will add 28 interior gas extraction wells and associated piping and will connect to the existing perimeter collection system. An additional flare station will also be added for the increase in gas collected from the new wells. Maricopa County has approved the New Source Performance System design. The system must be constructed and in operation by July 1, 2002. Four bids were received and opened on July 3, 2001 with AESE/Golden Environment submitting the low bid in the amount of $1,435,192.90. The City's design consultant, Bryan A. Stirrat and Associates, reviewed the bids and qualifications of the low bidder and recommended award of the contract to AESE/Golden Environment. Engineering Department staff agreed with this recommendation. 16 A transfer in the amount of $250,588 needs to be made from Soil Extraction Account Number 55-9604-8330 into NSPS Landfill Gas System Project Account Number 55-8035-8300 to cover the cost of this project. The recommendation was to approve the transfer of funds and award the construction contract to AESE/Golden Environment in the amount of $1,435,192.90. Councilmember Lieberman asked if the system produces enough methane gas to sell. Mr. Norm Gumenik, Landfill Supervisor, stated that they were looking at doing a gas-to-energy system, however, regulatory requirements dictate that the gas collection system be in place first. Mr. Broyles noted that Arizona Public Service (APS) had previously considered using the gas. He said he believed that they will again express interest. Mr. David Yamamoto, a resident of the City of Glendale Yucca District referred referred to an article published in the June 19, 2001 edition of The Christian Science Monitor, describing how Denmark uses the byproducts of one industry as feedstock for the next process. He asked if a feasibility study had been conducted or if outside consultants had been contacted. Copies of the article were left with the City Clerk. It was moved by Frate, and seconded by Eggleston, to approve the transfer of funds and award the construction contract to AESE Golden Environment in the amount of $1,435,192.90. The motion carried unanimously. 21. ARROWHEAD RANCH EFFLUENT RECHARGE SYSTEM — CHANGE ORDER NO. 1 ..__...--- Mr. Larry Broyles, Acting City Engineer, presented this request for City Council approval of Change Order No. 1 to the contract with CDM Engineers & Constructors for the Arrowhead Ranch Effluent Recharge System project. Actual field conditions resulted in the need for more work to properly develop the wells than was originally anticipated during project design. This additional work was needed to ensure that the completed wells will operate as effectively as possible in their role of recharging and recovering effluent. In addition, the contractor was asked to furnish and install monitoring well transducers to provide remote monitoring of water levels in these wells, which will result in a savings in labor over the life of the project, compared with manual monitoring. Also included are adjustments to bid item quantities. The amount of this Change Order is $198,026.94, resulting in a revised contract amount of $4,851,626.94. A transfer in the amount of $198,026.94 needs to be made from Utilities Contingency Account No. 50-2455-7000 into Outer Loop Effluent Line Account Number 50-9269-8300. The recommendation was to approve the transfer of funds and Change Order No. 1 for CDM Engineers & Constructors in the amount of $198,026.94. 17 It was moved by Martinez, and seconded by Frate, to approve the transfer of funds and Change Order No. 1 for CDM Engineers & Constructors Inc. in the amount of $198,026.94. The motion carried unanimously. 22. PURCHASE OF SHOTSPOTTER SYSTEM Mr. David Dobrotka, Police Chief, presented this item. The Glendale Police Department requested authorization to purchase a ShotSpotter System from Trilon Technology. Trilon Technolgy, a sole source vendor, is the only company currently manufacturing this type of system. The ShotSpotter System uses a progressive patented technology that locates gunfire by triangulating the sound and pinpointing the shot to within twenty-five feet of its actual location of being fired. The cost for a permanently mounted system covering two square miles, including ancillary expenses, is a $277,500 one-time fee, with approximately $49,500 yearly costs thereafter. Funding for this equipment was approved in the Fiscal Year 2001-2002 Police Department Budget, Account Number 01-3210-8400. Upon approval, scheduled delivery and installation is anticipated to occur within six months. The recommendation was to authorize the Police Department to purchase the ShotSpotter System from Trilon Technology in the amount of $277,500. Councilmember Goulet asked how quickly a system could be implemented once it is purchased. Mr. Dobrotka pointed out that the contract states scheduled delivery and installation is anticipated to occur within six months of approval. Councilmember Goulet asked how soon they could expect to see results. Mr. Dobrotka predicted the system would be operational within six months. He stated that the public educational component would take approximately one month. Councilmember Lieberman asked what type of warranty would the system have. Mr. Sergei Droban, Detective with the Criminal Investigations Division of the Police Department, explained that the amount requested includes the cost of a service agreement. Councilmember Lieberman asked what the average response time was in other cities that have the same equipment. Mr. Droban stated that they anticipated receiving indication of a shot being fired within six seconds. Councilmember Lieberman said the system would not help in situations where shots are fired from moving vehicles, but would help locate perpetual violators. Mr. Droban agreed that it would help identify perpetual violators. He noted, however, that information obtained by the system could also be helpful in bringing resolution to other major crime scenes. He explained that a dispatch screen would pinpoint the exact location from which a gun was fired. 18 Councilmember Martinez asked if the system could identify all shots fired. Mr. Droban said the system would be capable of identifying any shots fired within range of the sensor. Councilmember Clark asked what the system's range was. Mr. Droban stated that the purchasing agreement includes a two-mile range. Councilmember Clark asked if the system would be able to differentiate between gun fire and thunder. Mr. Droban said it would. Councilmember Frate asked if the system was fully automated. Mr. Droban replied that it was. He explained that the system has a central dispatching system, which makes an audible alert when a presumed shot is fired. He said a dispatcher then identifies it as a gun shot and makes the appropriate dispatch. It was moved by Lieberman, and seconded by Frate, to authorize the Police Department to purchase a ShotSpotter System from Trilon Technology in the amount of $277,500. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 23. LIQUOR LICENSE NO. 3-777 LALO'S STEAKHOUSE This was a request for a series 12 (restaurant) license for Lab's Steakhouse, which is located at 5939 West Bethany Home Road. In 1995, this location operated as El Fieston, which held a series 12 (restaurant) license that had been cancelled. The approval of this license will increase the number of 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 Police and Planning Departments reviewed the application and determined that it meets all technical requirements. The Health Department's decision is currently pending. 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, contingent on Lalo's Steakhouse receiving the Health Department's approval before the City Council takes action. 24. LIQUOR LICENSE NO. 3-778 — PREGO ITALIAN KITCHEN & PIZZERIA This was a request for a new series 12 (restaurant) license for Prego Italian Kitchen & Pizzeria, which is located at 5166 West Olive Avenue. Pizza Hut held a series 7 (on- & off-sale retail, wine and beer) license at this location that is in the process of transferring to 8860 North 43rd Avenue. The approval of this license will increase the number of liquor licenses in the area by one until the series 7 (on-sale retail, wine and beer) license is transferred. 19 The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The City's Planning and Police Departments and the County Health Department 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. 23 and 24. Mr. Charlie Grim, a resident of the City of Glendale Barrel District, stated that he lives near Prego Italian Kitchen & Pizzeria. He said he had no objection to their serving beer and wine. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Applications No. 3-777 for Lalo's Steakhouse and No. 3-778 for Prego Italian Kitchen & Pizzeria to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Councilmember Frate noted that the application of Lalo's Steakhouse is contingent on receiving the Health Department's approval. Mr. Art Lynch, Finance Director, reported that the applicant had received approval from the Health Department today. Upon a call for the question, the motion carried unanimously. ORDINANCES 25. ZONING ORDINANCE TEXT AMENDMENT Z-01-17 MULTI-PURPOSE ARENAS IN A-1 ZONING DISTRICT Ms. Molly Hood, Planning Project Manager, presented this Planning Commission Initiative to amend the A-1 (Agricultural) zoning district to add multi-purpose arenas, publicly or privately owned or operated, with a minimum of 12,000 permanent seats to the list of permitted uses. The amendment requires that multi-purpose arenas locate a minimum of 500 feet from any existing building occupied for single family purposes and City Council approval of a sign package. The amendment also adds a provision to Special Development Standards — Map 5 Special Building Heights and Floor Area Ratio that the maximum building height for multi-purpose arenas be 125 feet. The amendment is the best available alternative that will allow preliminary work to commence on the new National Hockey League (NHL) arena for the Coyotes at Loop 101 and Glendale Avenue while a general plan amendment, rezoning action, and specific development standards are finalized for the project. The amendment includes 20 provisions that include the spacing requirement from single-family uses and a maximum building height to mitigate any potential impacts on surrounding properties. The recommendation was to conduct a public hearing, approve Zoning Ordinance Text Amendment Z-01-17, and waive reading beyond the title and adopt an ordinance amending the text of the Zoning Ordinance and Map 5 Special Building Heights and Floor Area Ratio. Mr. Paul Gilbert with the law firm of Beus Gilbert located in Phoenix. Arizona, the applicant's representative, offered to answer any questions that the Council might have. There were no questions for Mr. Gilbert. Mayor Scruggs opened the public hearing on Agenda Item No. 25. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2203 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, ARTICLE 5 (ZONING DISTRICTS) BY ADDING MULTI- PURPOSE ARENAS AS A PERMITTED USE IN THE A-1 (AGRICULTURAL) DISTRICT WITH PROVISION FOR SPECIAL DEVELOPMENT STANDARDS INCLUDING DISTANCE FROM EXISTING SINGLE-FAMILY RESIDENTIAL AND SPECIAL SIGN PACKAGE APPROVAL AND MAP 5 SPECIAL BUILDING HEIGHTS AND FLOOR AREA RATIO (GLENDALE AVENUE AND CAMELBACK ROAD/95TH AVENUE TO 115TH AVENUE) TO ALLOW A MAXIMUM BUILDING HEIGHT OF 125 • FEET FOR MULTI-PURPOSE ARENAS; AND DECLARING AN EMERGENCY. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2203 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 26. PROPOSED ANNEXATION OF AREA BETWEEN GLENDALE AND MARYLAND AVENUES, ALONG WITH THE WEST SIDE OF 91sT AVENUE TO THE LOOP 101 Ms. Molly Hood, Planning Project Manager, presented this item. A public hearing was held on June 26, 2001 to receive public comment related to a proposed annexation initiated by the City of Glendale. Holding this public hearing satisfied the statutory requirement of this step in the annexation process. No one appeared at the hearing to speak either in favor of or against the proposed annexation. The next step is the adoption of an ordinance authorizing the annexation of this area into the City of Glendale. The boundaries of the proposed annexation area are south of Glendale Avenue and north of Maryland Avenue, between 91st Avenue and the Loop 101. The area includes approximately 233 acres. 21 The City has received sufficient signatures to meet the statutory requirements for annexation. Owners of at least one-half of the value of the real and personal property and more than one-half of all property owners in the proposed annexation area have signed the annexation petition. The signatures have been reviewed for accuracy and sufficiency. The original signed petition has been filed with the Maricopa County Recorder to satisfy statutory requirements. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale City limits, as defined in the annexation petition. Ordinance No. 2204 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 136. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2204 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. 27. THE 2001 AMENDMENTS TO THE CITY TAX CODE OF THE CITY OF GLENDALE RELATED TO MULTI-JURISDICTIONAL AUDIT Mr. Art Lynch, Finance Director, presented this item. On April 1, 1987, the Glendale City Council approved the adoption of the Model City Tax Code. This Code gives the City of Glendale the ability to maintain its sales tax base, while providing more uniformity in the application and administration of local transaction privilege (sales) tax. The proposed amendments to the Model City Tax Code are needed to comply with Senate Bill 1513, Chapter 297, passed by the Forty-Fourth Legislature (fiscal year 2000) and to conform to A.R.S. §42-6003, §42-6005 and §42-6056. Senate Bill 1513 provides that the Department of Revenue and the cities that conduct privilege license and use tax audits after July 18, 2000 are required to present the option to the taxpayer that, at its election, a multi-jurisdictional audit may be performed for all of the Arizona taxing jurisdictions in which the taxpayer operates. The bill also requires that the cities establish a Municipal Tax Hearing Office to adjudicate any taxpayer protest pertaining to the audits conducted for and by those cities that have their own audit staff. The proposed amendments include the addition of a new section that would address the outcome when the taxpayer accepts or declines an audit or when a municipality accepts or declines participation in a joint audit and the revision of the appropriate sections for the Municipal Tax Hearing Office. 22 The proposed amendments to the Tax Code were approved by the Municipal Tax Code Commission on April 20, 2001. In order to maintain the consistency and uniformity in reporting requirements, The League of Arizona Cities and Towns has requested adoption of the amendments by all Arizona cities and towns. The recommendation was to conduct a public hearing, waive reading beyond the title and adopt an ordinance modifying the Glendale Model City Tax Code. Mayor Scruggs opened the public hearing on Agenda Item No. 27. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2205 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 MODEL CITY PRIVILEGE (SALES) TAX CODE DEALING WITH MULTIJURISDICTIONAL AUDITING AND CENTRALIZED HEARING ADMINISTRATION; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING PENALTIES FOR VIOLATIONS. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2205 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. 28. ZONING TEXT AMENDMENT Z-01-11 PRIVATE SCHOOLS AND CHILDREN CARE FACILITY IN THE C-2 DISTRICT Mr. Ray Jacobs, Zoning Administrator, presented this request by Mr. Richard Bellah on behalf of the Arizona Baptist Children's Services to amend the C-2 (General Commercial) district regarding private schools and children's residential care facilities. The Arizona Baptist Children's Services is interested in acquiring the former Charter Hospital located at 6015 West Peoria Avenue. The facility would be used to accommodate the various children's services included in the request, counseling, and administrative offices. They were directed to file a text amendment to accommodate the proposed Children's Residential Care facility and private school. The text amendment was reviewed for suggested changes at the July 17, 2001 City Council Workshop. The definition of children's residential care facility has been revised, based on Workshop discussion, to include a minimum building size requirement, a minimum parcel size, and requirement for a location in an independent building. The text amendment has been revised to eliminate private schools from the request. Special education programs will be included in the operation of the Children's Residential Care Facility. At its hearing held on June 7, 2001 , the Planning Commission recommended approval of Zoning Text Amendment Z-01-11 . No one other than the applicant spoke at the hearing. 23 The recommendation was to conduct a public hearing, approve Zoning Text Amendment Z-01-11, waive reading beyond the title, and adopt an ordinance amending the text of the Zoning Ordinance. Mayor Scruggs opened the public hearing on Agenda Item No. 28. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2206 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 2 (DEFINITIONS AND RULES OF CONSTRUCTION) AND ARTICLE 5 (ZONING DISTRICT REGULATIONS) RELATING TO CHILDREN'S RESIDENTIAL CARE FACILITIES IN C-2 (GENERAL COMMERCIAL) SUBJECT TO CONDITIONAL USE PERMIT; AND SETTING FORTH AN EFFECTIVE DATE. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2206 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. PUBLIC HEARING — NEW BUSINESS 29. PURCHASE OF HICKMAN FAMILY PROPERTIES LOCATED ON 91ST AVENUE AND THE ORANGEWOOD ALIGNMENT AND NORTHERN AVENUE WEST OF 91ST AVENUE Mr. Rick Flaaen, City Attorney, presented this item. At the July 17, 2001 City Council Workshop, the Glendale City Council determined that there was substantial benefit to the residents of Glendale to enter into an agreement to purchase the Hickman properties and instructed staff to finalize a contract to purchase such property from the Hickman family. The parcels will be purchased under one agreement and consist of approximately 19 acres on 91st Avenue, currently developed with an egg ranch and 2 single-family homes, and approximately 11 acres located on the south side of Northern Avenue, with minimal agricultural improvements. An appraisal was completed that determined the value of the property, including real estate and improvements, to be $9,392,000. The agreement to purchase provides for a total purchase price not to exceed $7,000,000. Payments are to be made by the City over periods of time, controlled by the transfer of segments of the property to the City. The total sales price includes payment for both real and personal property. Independent valuation consultants were contracted to develop estimated values used in the negotiation of the purchase price. A payment schedule has been established, which provides for the City to make payments over time. The schedule also provides for the cessation of agricultural operations in a timely and reasonable fashion. Funds to meet the first payment 24 obligation of $500,000, which will become due by the end of July, 2001 , are available in the Economic Development Project Fund, Account Number 8100-01-8039. Future payments will be funded from each fiscal year's revenues out of the General Fund. The acquisition, annexation, zoning, and redevelopment of this property will spur regional development by removing a land use that is incompatible with the planned high-quality development in the surrounding area. The recommendation was to waive reading beyond the titles and adopt an ordinance authorizing the City Manager to enter into an agreement for the purchase of the Hickman properties located in the vicinity of 91st and Northern Avenues, and adopt a resolution of condemnation stating that the purchase agreement has been entered into in lieu of a condemnation action to acquire the property. Mr. Flaaen confirmed for Councilmember Martinez that the revision which was discussed during Executive Session had been taken care of. Mayor Scruggs asked what provisions had been made to provide copies of the revised documents to the press. Mr. Flaaen said the final revised documents that were presented to the Council would be available to the press tomorrow morning. Mr. Flaaen confirmed for Councilmember Clark that the infrastructure issue she previously mentioned had been resolved. Mr. Joe Moritz, with the law firm of Francis J. Slavin P.C., attorneys for the applicant, offered to answer any questions the Council had. There were no questions for Mr. Moritz. Mr. Glenn M. Hickman, of Hickman's Eqq Ranch, Inc. and Hickman Land Company, L.L.C., thanked staff, particularly Mr. Ed Beasley, Assistant City Manager, for their assistance. He expressed his opinion that the deal will benefit both parties. Councilmember Lieberman thanked Mr. Hickman for his family's willingness to comply with the Council's wishes and for their patience. Vice Mayor Eggleston expressed his appreciation to the Hickman family. Councilmember Martinez stated that it was always Council's intent that no harm come to the Hickman family and he felt the deal would be good for both parties. Mayor Scruggs stated that she appreciated the Hickman family's patience and goodwill. Mr. Tom Cramer of Cramer Real Estate, a resident of the City of Glendale Cholla District, said he had encouraged the Hickman family to get more from the City. He pointed out the fact the City is getting 30 acres of prime land for $7 million. 25 Ordinance No. 2207 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN REAL PROPERTY (HICKMAN FAMILY PROPERTIES) LOCATED ON 91ST AVENUE AND THE ORANGEWOOD ALIGNMENT AND NORTHERN AVENUE WEST OF 91ST AVENUE IN GLENDALE, MARICOPA COUNTY, ARIZONA, AND DIRECTING THE EXECUTION OF A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2207 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. Resolution No. 3493 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 AGREEMENT IN LIEU OF CONDEMNATION WITH BILLY G. AND GERTRUDE L. HICKMAN, ET AL It was moved by Clark, and seconded by Goulet, to pass, approve and adopt Resolution No. 3493 New Series. The motion carried unanimously. BOARDS AND COMMISSIONS 30. 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 Arts Commission Atkins, Judy (Chair) Appointment 08/23/2001 08/22/2002 Goeppinger, Kathleen H.(Vice-Chair)Appointment 08/23/2001 08/22/2002 Citizen's Advisory Commission on Neighborhoods Stahl, Natalie (Ocotillo) Appointment 07/24/2001 06/29/2003 Community Development Advisory Committee Arce, Ernie (Sahuaro) Appointment 07/24/2001 06/30/2003 26 • Effective Term Date Expires Historic Preservation Commission Jordan, Carl (At-Large) Appointment 07/24/2001 04/12/2002 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above to the Arts Commission, the Citizen's Advisory Commission on Neighborhoods, the Community Development Advisory Committee, and the Historic Preservation Commission, for the term listed above. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 4, 2001 to be followed by an Executive Session pursuant to ARS 38- 431.03. The motion carried unanimously. It was moved by Eggleston, and seconded by Frate, to vacate the City Council Workshop and Regular Meetings scheduled in the month of August 2001. Councilmember Martinez asked if vacating the August meetings would preclude the Council from calling for a special meeting should the need arise. Mr. Flaaen stated that the Mayor would have the authority to call a special meeting pursuant to Section 2- 17 of the City Code. Upon a call for the question, the motion carried unanimously. CITIZEN COMMENTS Mr. Charlie Grim, a resident of the City of Glendale Barrel District, spoke regarding the safety and noise issues surrounding the Cardinals Stadium. He stated that the current site is becoming less viable. He recommended that the West Valley cities stand strong to bring the arena to the City of Avondale, as originally proposed. He said the area between the City of Avondale site and the hockey arena would be the site of major development. 27 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark acknowledged that she has, at times, been a source of frustration to Mr. Hickman. She stated that, despite their disagreements, she considers the Hickman family to be valuable members of the community. She wished the Hickmans health and good fortune in the future. Councilmember Lieberman wished the Hickman family well. He asked citizens to drive safely and to watch their children around water. Councilmember Martinez noted that the Councilmembers would be available during the month of August should citizens need to contact them. Councilmember Frate thanked City employees for donating blood. Mayor Scruggs said tonight's meeting was very significant in that several of the items pave the way for orderly, planned development in the western part of the City. ADJOURNMENT There being no further business, the meeting was adjourned at 8:45 p.m. 461 Pamela Oliveira - City Clerk 28