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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/30/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 30, 2001, AT 7:00 RM. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Jon Paladini, Acting 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 six 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. Mayor Scruggs welcomed Boy Scout Troop 46 to the meeting. She introduced Dan Calvert, Scoutmaster; Randy Hare, Committee Chairman; Ken Schrecker, Assistant Scoutmaster; and the following boy scouts: Nathan Calvert, Corey Burnett, Sake Sieverling, Doug Hare, Charles Northcutt, and Christopher Shrecker. APPROVAL OF THE MINUTES OF THE OCTOBER 9, 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 October 9, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS RECOGNITION OF REALTY EXECUTIVES FOR COMMUNITY SERVICE Over the past 18 months, the City of Glendale and Habitat for Humanity, Valley of the Sun, Incorporated have been working in partnership to construct new single- family homes in the Heart of Glendale neighborhood. The neighborhood is located in the area of 51st Avenue — 57th Avenue, Lamar to Maryland Avenues, and is one of the oldest neighborhoods in the City of Glendale. Habitat for Humanity and the City have been working as partners to acquire vacant parcels and construct new, owner-occupied single-family homes. With each new Habitat for Humanity home constructed on vacant property, blight is removed and the neighborhood further revitalized. Additionally, the Heart of Glendale neighborhood is part of a larger downtown focus area that the City has committed extensive resources to redeveloping. 1 Habitat for Humanity is a non-profit agency dedicated to providing affordable housing to working families who would otherwise not have the opportunity to own a new home. The agency relies on community volunteer labor and monetary donations, to fund and construct new, single-family homes. Recently, Realty Executives sponsored the construction of a new Habitat home in the Heart of Glendale neighborhood. In doing so, Realty Executives contributed approximately $60,000 in cash to sponsor the construction of a new Habitat home at 6621 North 54th Avenue. Without their very generous donation, the home would have never been built. Realty Executives and its many dedicated employees are to be commended for their corporate philanthropy and reinvestment into the Heart of Glendale neighborhood. The City would like to publicly thank Realty Executives for its very generous donation to the Habitat/Heart of Glendale infill housing partnership. Mayor Scruggs presented a plaque of recognition in appreciation of Realty Executives' corporate philanthropy in Glendale to Ms. Linda Booker, a representative of Realty Executives. Ms. Booker thanked the Council on behalf of Realty Executives. GLENDALE MUSEUM MONTH PROCLAMATION The City of Glendale is proud to be the home of the Bead Museum, the Katydid Insect Museum, Historic Sahuaro Ranch, and Manistee Ranch. The museums provide wonderful cultural opportunities for the citizens of Glendale and to Arizona visitors and offer Glendale students quality education programs. The City of Glendale would like to recognize these museums by proclaiming October 1 to November 9, 2001 as Glendale Museum Month and encourage its citizens to visit the museums and experience the adventures they bring to the community. Mayor Scruggs presented the proclamation proclaiming October 1 to November 9, 2001 Glendale Museum Month to Ms. Carole DeCosmo, Executive Director of the Sahuaro Ranch Foundation. Ms. DeCosmo accepted the award on behalf of all Glendale museums. She stated that the museums are committed to offering quality programs. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN PUBLIC PURCHASING The National Institute of Governmental Purchasing, Inc. (NIGP) Accreditation program is established to formally recognize excellence in public purchasing. There are two tiers offered within the program and the City of Glendale achieved an Outstanding Agency Accreditation, the highest recognition level. The Institute's highest level of award is intended to identify agencies that lead the public procurement profession. NIGP establishes a body of standards reflecting what should be in place for support of operations, business community involvement and effective financial expenditures. The application requires substantial documentation of policies, regulations, professionalism of staff and a demonstration of best practices. These standards of performance focused on the Purchasing Department's contributions and 2 value to the City of Glendale. While the NIGP membership represents 2,100 governmental agencies throughout the United States and Canada, only 35 governments have been able to attain this distinction. Mr. Bill Brewer, the City's Materials Manager, presented the award to the Mayor and City Council. Mr. Brewer asked that Budget Department staff in the audience stand and be recognized. He thanked staff for their contributions. Mayor Scruggs accepted the Certificate of Achievement for Excellence in Public Procurement. She expressed the Council's appreciation and admiration for the quality work done by City staff. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 5 by number and title. 1. APPROVAL OF NEIGHBORHOOD SMALL GRANT AWARD: FOUNTAIN SHADOWS HOMEOWNERSASSOCIATION The Neighborhood Partnership "Small Grants Program" was created to serve as a resource for older neighborhoods and encourage them to seek funding for small-scale neighborhood improvements, enhancements, and creative "neighborhood building" projects. As approved by the Mayor and Council, the Small Grants Program requires each eligible applicant to match at least one-third of the amount requested with any combination of cash, "sweat equity" and/or donated services or materials. Additionally, grant amounts are "capped" at $5,000 per grant. Over the past twelve months, there have been nine small grant-funding opportunities, all of which have been publicized in program newsletters, media stories, and on the City's Internet web site. Including this grant, four different neighborhoods have applied for and received small grant funds over the past twelve months. As a result of the September 2001 Funding Cycle, the following Small Grant request was received: The Fountain Shadows Homeowners' Association (67th to 68th Avenues; Ruth Lane to Orchid Lane) requested $2,400.00 for the installation of a slurry seal coating over the existing asphalt to prevent further deterioration from Diana Avenue and 67th Avenue (entryway to Fountain Shadows). The Neighborhood pledged $1,210.82 in the form of a cash match. On October 3, 2001, the "Small Grants Subcommittee" of the Citizens' Advisory Commission on Neighborhoods met and reviewed this request. The subcommittee voted to recommend approval of the request. The subcommittee then forwarded its recommendation to the full commission for review and approval. At its October 3, 2001 3 regular meeting, the Commission on Neighborhoods unanimously voted (10-0) to accept the findings of the subcommittee and recommend them to the Mayor and Council for formal consideration and approval. If approved by the Mayor and Council, the total amount of the grant award will be $2,400. The request meets the required one-third neighborhood match requirement of the program. Funds are available in the Neighborhood Partnership Fund, Account Number 01-8968-8330. The recommendation was to approve the Small Grant request as recommended by the Commission on Neighborhoods. 2. AWARD OF COOPERATIVE PURCHASE OF STREET SWEEPER The Streets Department is experiencing increased downtime and maintenance costs associated with its 1991 model street sweeper. Due to its age and increasing repair costs, the Equipment Management Department has determined that it is in the best interests of the City to replace the sweeper. The City of Phoenix recently awarded Invitation for Bid # 01-185 for the purchase of ten new street sweepers. The City of Phoenix and Norwood Equipment, Inc. have granted permission to the City of Glendale to purchase one sweeper from their bid at the same price, terms, and conditions. Staff conducted its own survey and does not believe that the City of Glendale would receive better pricing by issuing a new bid for a single unit. The equipment is new with a full-factory warranty, is PM 10 compliant, and meets all current environmental regulations. Funding is available in the Vehicle Replacement Program, Account Number 41- 6255-8400. The recommendation was to award the purchase of one sweeper to Norwood , Equipment Inc. in the amount of $153,961.43, taxes included. 3. AWARD OF PROPOSAL 01-43, RIGHT-OF-WAY LANDSCAPE MAINTENANCE Six proposals were received to provide the City and the Right-of-Way Maintenance Division with landscape maintenance, which includes litter control, shrub/plant maintenance, and weed/pest control, for areas that have been added to the City right-of way in the past two years. All other right-of-way areas are covered by an existing contract. The maintenance contract shall be in effect for a period of one year, beginning November 1, 2001, and ending October 31, 2002. The terms of the contract contain an option clause that permits the City, at the discretion of the City Manager, to extend this 4 agreement an additional four years, in one-year increments. Funding is available in the Right-of-Way Division operating budget, Account Number 12-6224-7330. An evaluation panel consisting of staff from the Streets and Parks Departments reviewed the offers received, using specific evaluation criteria which included compliance with scope of work, capabilities of firm and staff, and cost. The offer scored highest by the evaluation panel was submitted by Westscape Environmental. The recommendation was to award the contract for landscape maintenance to Westscape Environmental in an amount not to exceed $55,000 per year, taxes included. 4. FINAL PLAT APPLICATION P-98-13: 7211 WEST ORANGEWOOD AVENUE This was a request by Keogh Engineering, Inc. for final plat approval for a subdivision titled "Paradise Views". The site is located approximately 660 feet west of the southwest corner of 71st and Orangewood Avenues. The subdivision includes 70 single-family lots on 20 acres, at a density of 3.5 dwelling units per gross acre. Lots sizes vary from 6,600 square feet to 14,958 square feet, with an average lot size of 7,508 square feet. The proposed minimum lot width is 60 feet and the proposed minimum lot depth is 110 feet. The final plat is in conformance with the existing General Plan and the R1-6 (Single Residence) zoning district and the preliminary plat approved by the Planning Commission on May 20, 1999. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application P-98-13. 5. CHANGE ORDER NO. 1 - 59TH AND CHOLLA - STREET AND WATERLINE IMPROVEMENTS, 58 AVENUE PARKING LOT REFUSE ENCLOSURE AND EQUESTRIAN TRAIL RETAINING WALL This was a request for City Council approval of Change Order No. 1, in the amount of $94,404 to the contract with Archon, Inc., for the 59th Avenue and Cholla Street and Waterline Improvements, 58th Avenue Parking Lot Refuse Enclosure, and Equestrian Trail Retaining Wall project. The original contract was awarded to Archon, Inc. on April 24, 2001. This change order is the result of the inclusion of the Del Ray Farms subdivision in the Sewer Main Extension Program. The Del Ray Farms subdivision is bounded by 59th and 61St Avenues and Sunnyside Drive and Cholla Street. The work related to Change Order No. 1 is the Cortez Street sewer improvements, including the installation of a new eight-inch sanitary sewer line and thirteen sewer building connections. This change order also encompasses the construction of three new sanitary sewer 5 manholes and the modification of an existing manhole base to connect the new eight- inch sewer main to existing facilities. The amount of this change order is $94,404, resulting in a revised contract amount of $722,192. Funds for this change order are available in Sewer Main Extension Account Number 50-9249-8300. Engineering staff reviewed the costs and found them to be fair and reasonable. This cost is below the estimated cost of $102,000 that was previously presented to the Council at its May 1, 2001 Workshop. The recommendation was to approve Change Order No. 1 in the amount of $94,404. CONSENT RESOLUTIONS 6. DESIGNATION OF THE APPLICANT'S AGENT TO FINALIZE STATE DISASTER REIMBURSEMENT Following the September 11, 2001 attack on American civilians in New York and Washington, D.C., Arizona Governor Jane D. Hull declared a statewide emergency in the State of Arizona. The City of Glendale incurred costs for deploying additional security measures throughout Glendale and at Luke Air Force Base and is eligible to apply for state disaster relief funds, through the Arizona Department of Emergency and Military Affairs, Division of Emergency Management, for the period of September 11 to17, 2001. To date the eligible, event-related costs compiled by City staff total $31,232.08. The State will determine the final amount to be reimbursed, up to 75% of the total. As part of the cost recovery process, the State Department of Emergency and Military Affairs requires the formal designation of an "Applicant's Agent", who is the City's authorized representative with the power to execute all final cost recovery documents. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to act as the Applicant's Agent for the City of Glendale, authorizing reimbursement from the state. Resolution No. 3508 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, DESIGNATING AN AGENT AND AUTHORIZING THE AGENT TO EXECUTE AN APPLICATION WITH THE ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS FOR THE PURPOSE OF OBTAINING CERTAIN FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT. 6 7. ACCEPTANCE OF ASSISTANCE TO FIREFIGHTERS GRANT The Glendale Fire Department has been awarded a training grant through the Federal Emergency Management Agency's Assistance to Firefighters Grant Program. The program provides funding directly to fire departments for the purpose of protecting the health and safety of the public and fire fighting personnel against fire and fire- related hazards. The grant awarded to the City of Glendale will fund a regional training coordinator to develop a curriculum for the West Side Training Consortium, comprised of eleven West Valley fire departments: Glendale, Peoria, El Mirage, Surprise, Sun City, Sun City West, Goodyear, Avondale, Daisy Mountain, Tolleson, and Luke Air Force Base. Through this multi-agency program which was initiated in 1997, the cost of delivering state and federally mandated training can be shared. Resources are pooled to save costs and training is conducted cooperatively so that companies that respond together can train together. Acceptance of this grant will allow a standardized curriculum to be developed that will improve the coordination and delivery of mandated training to the West Valley. The grant in the amount of $70,445 has been awarded, and matching funds of $21,133 are available in the Grant Administration Matching Fund. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the acceptance of the Federal Emergency Management Agency's Assistance to Firefighters Grant. Resolution No. 3509 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE TRAINING GRANT OFFER FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 8. CHANGE ORDER NO. 2 TO INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR FIXED BUS ROUTE SERVICE This was a change order for year three of the five-year Agreement between the City of Phoenix and the City of Glendale, extending from July of 1999 through June of 2004, for continued operation of fixed bus routes within Glendale. The contract amount for Fiscal Year (FY) 2001-2002, is $1,291,000 and funding is provided in the FY 2001- 2002 Transit budget, Account Numbers 26-4233-7330 and 26-4234-7330. This agreement covers the following fixed route services: Weekday Route 59 - - 59th Avenue Extension/Bell Road to Union Hills Drive Route 60 - - Bethany Home Road/43rd Avenue to 67th Avenue Route 80 - - Northern Avenue/43rd Avenue to 59th Avenue 7 Weekday Route 90 - - Olive Avenue/43rd Avenue to 59th Avenue Route 138 - - Thunderbird Road/51st Avenue to 67th Avenue Route 170 - - Bell Road/51st Avenue to Arrowhead Towne Center, half-hour service Route 186 - - Union Hills Drive/51st Avenue to Arrowhead Towne Center Yellow Route - - Grand Avenue/71st Avenue to 43rd Avenue Saturday Route 24 - - Glendale Avenue/43rd Avenue to 67th Avenue Route 59 - - 59th Avenue/Camelback Road to Bell Road Route 60 - - Bethany Home Road/43rd Avenue to 67th Avenue Route 67 - - 67th Avenue/Camelback Road to Arrowhead Towne Center Route 80 - - Northern Avenue/43rd Avenue to 59th Avenue Route 90 - - Olive Avenue/43rd Avenue to 67th Avenue Route 170 - - Bell Road/51st Avenue to Arrowhead Towne Center Additional fixed route service provided to the City of Glendale are paid for by the Regional Public Transportation Authority and are, therefore, not included in this contract. The recommendation was to waive reading beyond the title, and adopt a resolution to authorize execution of the Contract Change Order No. 2, Attachment B, to the intergovernmental agreement with the City of Phoenix for the operation of fixed route bus services in Glendale. Resolution No. 3510 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF CONTRACT CHANGE ORDER NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR THE OPERATION OF FIXED ROUTE BUS SERVICES IN THE CITY OF GLENDALE. 9. INTERGOVERNMENTAL AGREEMENT WITH REGIONALPUBLIC TRANSPORTATION AUTHORITY FOR TRANSIT SERVICES This intergovernmental agreement (IGA) between the Regional Public Transportation Authority (RPTA) and the City of Glendale is for the provision of public transportation service. The total amount of this agreement is $1,401,975 which includes: 8 Miscellaneous transit activities* $ 70,725 Fixed route service $1,331 ,250 Total funded by the RPTA $1,401,975 * These funds are allocated in the Fiscal Year 2001-2002 budget for specific uses, including Dial-A-Ride, fixed route bus service, and Trip Reduction. The existing fixed route services that are provided to the City of Glendale by the RPTA are as follows: Weekday Route 24 - -Glendale Avenue/43rd Avenue to 67th Avenue Route 59 - -59th Avenue/Camelback Road to Bell Road Route 67 - -67th Avenue/Camelback Road to Arrowhead Towne Center Route 90 - -Olive Avenue Extension/59th Avenue to 67th Avenue Route 106 - - Peoria Avenue/43rd Avenue to 67th Avenue Route 570 - - Express on Northern Avenue Route 581 - - Express on Thunderbird Road The RPTA is also responsible for the customer communications and customer service costs of all fixed route services. Glendale's share for these services is estimated at $113,076. This cost is covered in the Fiscal Year 2001-2002 budget under Account Numbers 26-4233-7330 and 26-4234-7330. In addition to the fixed route provided by RPTA, the City of Glendale purchases fixed route service from the City of Phoenix. This year's cost is estimated at $1,291,000. Saturday service is now available on a majority of the routes because of the additional funding provided by Arizona Department of Transportation. The recommendation was to waive reading beyond the title and adopt a resolution authorizing an intergovernmental agreement between the City of Glendale and the Regional Public Transportation Authority to continue the provision of public transportation services in Glendale. Resolution No. 3511 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 AMENDMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES. 10. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR ACCEPTANCE OF FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS Federal funds for Glendale's public transit operation are received through an annual grant from the Federal Transit Administration. The grant comes in one allotment 9 for the region. The City of Phoenix has been designated by the Maricopa Association of Governments as the regional recipient of that grant. The City of Phoenix distributes the funds to other cities in the metropolitan area. This Intergovernmental agreement (IGA) authorizes grant funding for $127,000 for transit vehicle maintenance expenses and $390,000 for capital purchases. The IGA allows the City of Phoenix to reimburse the City of Glendale $101,600 (80%) for the federal share of Dial-A-Ride Fiscal Year (FY) 2000-2001 vehicle maintenance costs, which is included in this fiscal year's operating budget. In addition, this agreement authorizes $312,000 (80%) for the federal share of six 25-foot transit buses, five replacements and one expansion. The local match of $78,000 for these capital purchases is included in the City's Transit capital budget, Account Numbers 26-8603- 8400 and 68-8603-8400. The recommendation was to waive reading beyond the title and adopt a resolution to authorize the execution of an intergovernmental agreement with the City of Phoenix for the reimbursement of the federal portion of Fiscal Year 2001-2002 Dial-A- Ride maintenance expenses and capital purchases made under the Federal Transit Administration Grant AZ-90-X058. Resolution No. 3512 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR THE REIMBURSEMENT OF THE FEDERAL PORTION OF FISCAL YEAR 2001/2002 CAPITAL, MAINTENANCE AND PLANNING EXPENSES MADE UNDER THE FEDERAL TRANSIT ADMINISTRATION GRANT NO. AZ-90-X058. It was moved by Lieberman and seconded by Goulet, to approve the recommended actions on Consent Agenda Item Nos. 1 through 10, including the approval and adoption of Resolution No. 3508 New Series, Resolution No. 3509 New Series, Resolution No. 3510 New Series, Resolution No. 3511 New Series, and Resolution No. 3512 New Series. The motion carried unanimously. LAND DEVELOPMENT ACTIONS - PUBLIC HEARING 11 . GENERAL PLAN AMENDMENT GP-00-09 AND REZONING APPLICATION Z-00-20: 7337 NORTH 59TH AVENUE Mr. Brian. Friedman, Senior Planner, presented this request by Wiser Investments LLC to amend the General Plan land use map from Limited Office to 5-8 residential dwelling units per acre and to rezone from R1-6 (Single Residence) and R-4 (Multiple Residence) to R1-4 PRD (Single Residence, Planned Residential Development) on 13.7 acres located at the southeast corner of 59th and Hayward Avenues. This request would allow a 72 lot single-family residential subdivision, at a gross density of 5.3 residential dwelling units per acre. 10 The requested General Plan designation is appropriate for the site. It is compatible with the adjacent developments to the south and east and provides a transition from the Shopping Center designation to the north. Single-family homes will have less impact than offices, generating less traffic. The proposed R1-4 PRD zoning will allow a maximum of 72 single-family residential lots served by ten private drives. The minimum lot area is 4,736 square feet, the average lot area is 4,767 square feet, and the maximum lot size is 4,888 square feet. The minimum lot width is 45 feet and the minimum lot depth is 105 feet. A Ramada, picnic table and tot-lot is planned for the recreation area located in the center of the site. Additional project features include decorative perimeter walls, landscaping, entry features, and entry signage. At a hearing held on September 20, 2001, the Planning Commission voted to recommend approval of General Plan Amendment GP-00-09 and Rezoning Application Z-00-20, with Rezoning Application Z-00-20 being subject to four stipulations. Four people spoke at the hearing. Two people were opposed and two were in favor of the request. Those opposed were concerned about waiting to make a decision on this project until plans are finalized for Manistee Town Center and changing the zoning to limited retail instead of residential. The recommendation was to conduct a public hearing and approve General Plan Amendment GP-00-09 and Rezoning Application Z-00-20, with Rezoning Application Z-00-20 being subject to four stipulations recommended by the Planning Commission. Councilmember Martinez asked, if developed as apartments, how many apartments would be allowed on the property. Mr. Friedman stated that there could be a gross maximum of 226 units. Councilmember Clark asked if the development would be able to apply for a City grant to have the private streets resurfaced. Mr. Erik Strunk, Director of Community Partnerships, said they could. Councilmember Clark stated that at least one homeowners association each year asks to have their private streets resurfaced. Mr. Strunk said the Commission uses a different set of criteria for homeowners associations, basically requiring that they match whatever up to two-thirds the amount of the funding request. Mayor Scruggs stated that, previously, the request had to meet a public purpose criteria. She asked if that criteria still had to be met. Mr. Strunk said the public/private criteria that currently exists is the same criteria that was approved by the Council when the program was established. He explained that they had developed a formula that allows neighborhoods to pursue grants as long as they meet the two-thirds matching fund requirements. Mayor Scruggs stated that, in the current case, the streets would probably be 95% private use and only 5% public use. Mr. Strunk agreed. He stated that the Commission scrutinizes each request on a case-by-case basis. He said, if the 11 Commission deems a request to be more privately than publicly beneficial, it most likely would not succeed in the grants review process. Councilmember Goulet asked if homeowners associations were often negligent in collecting fees. Mr. Strunk said homeowners associations make every good faith effort to collect fees; however, the amount collected may not be sufficient to cover the cost of necessary improvements. Councilmember Goulet said his homeowners association is very rigorous in collecting what they forecast to be an appropriate amount. He suggested that the subject property's homeowners association could be more aggressive as well. Councilmember Clark referred to a letter received from the applicant's representative dated October 26, 2001. She said the applicant indicated in the letter that they were prepared to restrict houses along the alley to single story, they would agree to build an eight-foot theme wall along Hayward Avenue, and they could shift approximately 30 feet of width from the open space on 59th Avenue into a central part of the site. She asked what would be required to make those representations happen. Mr. Friedman said existing Stipulation 4 covers the single-story restriction. He stated that the applicant will be requesting the eight-foot wall, with additional stipulations. With regard to shifting open space from 59th Avenue to the central part of the site, he cautioned the Council to clearly call out the linear foot on a transfer basis between the center tract and the 59th Avenue tract. Mayor Scruggs pointed out that the Certification of Adequate School Facilities for Residential Rezoning form does not indicate the school district's name. She asked that the form be modified to include that information. Mr. Michael J. Curley, with the Phoenix law firm of Earl, Curley & Lagarde, P.C., the applicant's representative, noted that the request came to the Council with a recommendation for approval from staff, the Planning and Zoning Commission, and, generally, from the neighbors who live south of the property. He expressed his opinion that the quality of homes built at Manistee Ranch cannot be questioned. He stated that the same quality would been seen in the proposed development. He noted that the homes in the proposed project would be upgraded beyond similar products in Manistee Ranch in terms of door and window treatments, porches, and backyard patios. Mr. Curley said he was initially reluctant to proceed with the case because of the 45-foot lot sizes, knowing of the City's desire to discourage small lots. He stated, however, after reviewing all of the facts, he had changed his mind. He pointed out that every other major single-family developer has passed on the site because of its size, shape, and associated infrastructure and marketing costs. He said Richmond American Homes is unique in that they already have a major subdivision in the area; therefore, an advertisement program and personnel are already in place. He said the owner of the property had considered developing four-plexes on the property, which could be done without public hearings or Commission or Council approval. He noted that 80% of the property could also be developed with apartments. He said, based on 12 those facts, he concluded that a single- family development was a better alternative. He stated that they had held several meetings with neighborhood groups and all attendees clearly indicated they wanted the property developed. Mr. Curley stated that the applicant had agreed to develop the lots along the south property line as single-story homes. He read the letter sent by Richmond American Homes dated October 26, 2001 into the record, wherein the Applicant requested inclusion of four additional stipulations. He stated that the applicant was willing to move 30 feet of the open space along 59th Avenue to the central part of the development. Councilmember Goulet asked if the applicant would build a substantially stronger wall because of its additional height. Mr. Curley said the eight-foot wall would be an engineered wall. He explained that the increased height was in response to concerns expressed about the impact of the redevelopment of Manistee Town Center. Councilmember Clark asked Mr. Curley how they would disclose information regarding the redevelopment of Manistee Town Center to potential buyers. She asked for assurances that the notice would be prominently and publicly displayed. Mr. Curley said Richmond American needs to protect itself in terms of full disclosure. He offered to modify the stipulation's language to require that the notice be prominently displayed and include the site plan. Councilmember Clark suggested that buyers sign or initial a statement at closing indicating their knowledge of the redevelopment plans. Mr. Curley agreed to provide, for the City Attorney's review, some form of acknowledgment which they would then include in their closing documents. Councilmember Frate asked how the homes would be priced. Mr. Curley said they would range from the low $100,000's to the low $200,000's. With regard to the smaller lot sizes, Councilmember Frate stated that smaller lots are desirable to a certain portion of the home-buying market. Councilmember Lieberman noted that the backyards would not accommodate swimming pools. Mr. Curley said the smallest backyard is 15 feet and would accommodate a small pool. Mayor Scruggs opened the public hearing on Agenda Item No. 11. Ms. Cheryl Christman, a resident of the City of Glendale Ocotillo District, expressed her concern that apartments, commercial offices, and retail developments would result in higher incidents of crime and vandalism. She pointed out that retail sales are down and the American economy is not flourishing. She stated that it would be risky to add additional retail or commercial space. She said she was in support of the proposed project. 13 Mr. Bob Bohart, a resident of the City of Glendale Ocotillo District, said Richmond American made a presentation to his neighborhood and all but one household supported the proposed project. He said they preferred homes to apartments and believed that Manistee would offer adequate commercial and retail space. He said the homes were comparably priced to those in his neighborhood. He stated that the development would benefit from, and be a benefit to, Manistee Town Center. Ms. Rose Ann Appleby, a resident of the City of Glendale, Ocotillo District, said she was speaking on behalf of several residents who want to keep their neighborhood the safe, quiet, and comfortable neighborhood it has always been. She said everyone was glad to learn that homes would be built between their homes and the mall and they approved of Richmond American's proposed project. She said people who move into the homes should not be concerned about the mall. She noted that they enjoyed living next to the mall when it was thriving and look forward to its revitalization. She agreed that there are people in the market who look for smaller homes on smaller lots. She stressed that they do not want to see an apartment, office, or commercial development on the property. Mr. Rod Williams, a resident of the City of Glendale Ocotillo District, stated that he had served for two years on the Citizen's Advisory Commission on Neighborhoods and four years on the Planning and Zoning Commission. He said, while serving on those commissions, he saw numerous instances where homeowners associations were unable to collect adequate funds to repair streets and consequently came to the City for the necessary funds. He questioned whether the City of Glendale Police Department would respond to incidents that occur on the development's private streets. He also asked if garbage trucks would serve the private streets or if garbage cans would have to be put along Hayward Avenue for pickup. He said, during his tenure with the Planning and Zoning Commission, they continually worked to increase lot sizes. He noted that, approximately four years ago, the Mayor and Council reached a consensus to have at least 7,000 square foot minimum lot sizes. He pointed out that the lots in the proposed project are 4,725 square feet. He said the developer's request for a 50.5% lot coverage leaves 2,300 square feet for front, sides, and rear yards of open space. He stated the project is one of crowded conditions and future problems and the developer's greatest concern is the bottom line. Mr. Bruce Agenter, a resident of the Citu 9f Scottsdale, submitted a public hearing speaker's card in support of the proposed project, but did not address the Council. Public hearing speaker's cards, indicating that they supported the request, but did not wish to address the Council, were received from: Ms. Alice M. Beebe, a resident of the City of Glendale Ocotillo District Mr. Robbie Ramey, a resident of the City of Glendale Ocotillo District Mr. Joe Appleby, a resident of the City of Glendale Ocotillo District 14 As there were no additional comments, Mayor Scruggs closed the public hearing. Councilmember Lieberman said there are no small lots on Frier or Belmont Avenues. He agreed that the Council had decided it did not want lots that were smaller than 7,000 square feet. He said failure to approve the proposed project would not ensure that apartments were built on the property. He suggested that the developer build three 60 foot lots, which would be much closer to the Council's recommended minimum lot size. He said he suggested building the eight-foot wall because he believes the homes should be shielded from the mall development. He stated that he would not vote for 72 homes on the subject property. Councilmember Frate asked staff to respond to Mr. Rod Williams' concerns about police response and trash collection on the private streets. Mr. Friedman stated that sanitation services would be direct-lot pickup, utilizing the ten private drives. He said police and fire would have the same access privileges. Councilmember Goulet said he has been an advocate for an infill project at the subject site for a number of years and he believed a single-family home development would be the best alternative. He stressed the need to look at the individual characteristics of infill lots. He said he did not believe a better project would be submitted later should the Council decide to deny the applicant's request. He expressed his appreciation to the applicant for meeting with the neighbors and incorporating their suggestions. Councilmember Clark stated that she has always opposed the project in principal. She acknowledged, however, that the situation in not as clear cut as she had originally thought. She said she would not support the project because she believed the lots were too small. She expressed concern that the smaller model home would be the predominant seller. She stated that she was also concerned that the homeowners association would not collect enough in fees to cover the costs of maintaining and resurfacing the private streets and, consequently, turn to the City for the necessary funds. She noted that staff had originally indicated Limited Office would be an appropriate use for the property. She said she believed it would make a good buffer use. Councilmember Martinez stated his support of the project. He stated his belief that it is the best use for the property, based on the length of time the property has been vacant and its irregular size. He expressed his opinion that the project is a quality project and is a good opportunity for the City to make use of an infill property. Mr. Curley read into the record two stipulations he had drafted in response to the concerns raised by Councilmember Clark. 15 Mayor Scruggs said she would support the request for several reasons. She said, while the Council adopted single-family residential design guidelines, they were not intended to apply to infill properties that require special consideration. She said the land currently has R-4 zoning; therefore, unless the property owner is willing to do something else, apartments could be built without any input from the City. She agreed that the City needs to recognize the changing lifestyles of the City's residents and to offer diverse housing products to meet their needs. She expressed her confidence in Richmond American Homes to develop a quality project. She noted that a less than quality project would affect their ability to sell their homes in the development across the street. She referred to other similar developments. She stated that they are all nice, stable neighborhoods and show that smaller lot developments can be sustainable. It was moved by Goulet, and seconded by Frate, to approve General Plan Amendment GP-00-09 and Rezoning Application Z-00-20, with Rezoning Application Z-00-20 being subject to the 4 stipulations as recommended by the Planning Commission and the 5 stipulations proposed by the developer to the City Council. The stipulations are as follows: (1) Development shall be in substantial conformance with the development plan and narrative for "Palm Terrace" dated August, 2001; (2) A maximum of 72 lots shall be permitted; (3) All half-street improvements on 55th Avenue, 59th Avenue and Hayward Avenue adjacent to the property will be completed at the time of development. Required improvement standards are determined by City of Glendale Design Guidelines for Site Development and Infrastructure Construction; (4) Houses on lots 4, 5, 12, 13, 20, 21, 28, 29, 36, 37, 44, 45, 52, 53, 60, 61, 68 and 69 shall be limited to one story homes; (5) 30 linear feet of open space area will be deleted from the 59th Avenue open space area and be relocated to the middle open space area; (6) The developer will disclose in its Public Report for the Department of Real Estate and in its CC&Rs, and will place a notice in the sales office on the property disclosing the fact that Manistee Town Center will be redeveloping and that it will likely include several large, i.e., "Superstore" retail users. Said display in the sales office will be prominently displayed and will also include a copy of the Manistee Town Center site plan. Lastly, the applicant shall prepare a separate disclosure statement to be signed by the prospective purchaser, acknowledging the redevelopment plan for Manistee Ranch. Said disclosure statement shall be submitted to the City Attorney's Office for their review and comment prior to final plat approval; (7) The developer will build an 8-foot theme wall along Hayward Avenue and an 8-foot lot wall along the south property line; (8) Overhead utilities in the south alley will be undergrounded; and (9) The following amenities will be included in the project: (a) enhanced theme walls and entry signage which match those existing at Manistee Ranch; (b) a tot-lot and ramada; (c) house product will match the quality of those being built in Manistee Ranch and, in addition, all windows and doors will have pop-outs. Front entries and rear patios will be covered and will have enhanced stucco columns and parapet roofs;(d) decorative lights will be installed on the front return walls of garages; and (e) all front-yard landscaping on individual lots will be provided by the developer in order to ensure the overall quality appearance of the subdivision. The motion carried by a 16 vote of 5 to 2, with the following Councilmembers voting "aye": Eggleston, Frate, Martinez, Goulet, and Scruggs. Councilmembers voting "nay": Lieberman and Clark. 12. REZONING APPLICATION Z-01-19: 9301 WEST GLENDALE AVENUE Ms. Molly Hood, Project Planning Manager, presented this Planning Commission Initiative to rezone approximately 233 acres from Maricopa County Rural-43 to A-1 (Agricultural). In July of 2001, the City Council annexed the property between the Loop 101 Freeway and 91St Avenue and Glendale Avenue and the Maryland Avenue alignment. State Statutes and the Glendale Zoning Ordinance authorize the City to enforce the County zoning on newly annexed lands for a maximum of six months after annexation. City zoning should be established within that timeframe. Under the Arizona Revised Statutes, the initial City zoning is to be similar to the use or densities permitted by Maricopa County prior to annexation. The current zoning of the property is Maricopa County Rural 43 that allows agriculture and one dwelling unit per acre. The most comparable City zoning district is the A-1 (Agricultural) district that allows agricultural and one dwelling unit per 40 acres. The proposed A-1 (Agricultural) zoning district often serves as the interim zoning district prior to development requests that are based on the General Plan. The A-1 district is consistent with the existing agricultural land use and satisfies the requirements of the Zoning Ordinance and Arizona Revised Statutes. The recommendation was to conduct a public hearing and approve Rezoning Application Z-01-19. Mayor Scruggs opened the public hearing on Agenda Item No. 12. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to approve Rezoning Application Z-01-19. The motion carried unanimously. BIDS AND CONTRACTS 13. AWARD OF PROPOSAL 01-08, SECURITY GUARD SERVICES Stuart Kent, Deputy Director of Field Operations, presented this item. On June 26, 2001, the City Council extended the contract for Security Guard Services (RFP 96- 21) through October 31, 2001 , to permit additional time for receipt of competitive proposals. The competitive evaluation process resulted in a tie score between the top two proposers. A Request for Best and Final Offers (BAFO) was requested from Blackstone Services and Arizona Sterling Protection. Subsequent to the submission of the BAFO's, the World Trade Center and Pentagon attacks occurred. A continuation to the BAFO's was made, with requests for additional information to address security 17 issues related to the heightened state of security of the nation and the City. The evaluation committee was asked to rank the vendors based on the information obtained throughout the proposal process. This ranking also resulted in a tie. Due to the current global situation, staff recommended that it was in the best interests of the City to retain the current security guard company, Arizona Sterling Protection, as this company is already familiar with the City's facilities, security requirements, and personnel. It was estimated that a new security guard company would require approximately six months to obtain the same level of service that the current contractor presently provides. In accordance with Section 2-145 (1)(i), competition is not applicable and waiver of the formal procurement process was recommended. Arizona Sterling's proposal requested a three-year contract, with an option to extend two additional years in one- year increments. The resultant contract does have a provision for termination for convenience if it is determined that a new procurement would be desirable. The contract provides security guard services for City Hall, the Operations Center, Sahuaro Ranch Park, Manistee Ranch, the Landfill, the former Spring City Knitting building, the Glendale Municipal Cemetery, the Libraries, and the Airport. Funding is available in the following department account numbers: Facilities Management Account Number 01-6253-7330 - $238,861.44; Manistee Ranch Account Number 01-6249-7330 - $54,399.60; Landfill Account Number 55-6235-7330 - $101,881.40; Airport Account Number 15-4310-7330 - $50,136.40; Cemetery Account Number 01-6225-7330 - $68,781 .96; Operating Budgets and $98,017.92 would be available from the Library Security Account Number 01-4510-7330. The recommendation was to waive the formal procurement process and award the contract to Arizona Sterling Protection for three years, with an option to extend two additional years at the discretion of the City Manager. The contract amount for security guard services is not to exceed $612,078.72 per year, taxes included. Councilmember Martinez asked if it was in the City's best interest to not go out for another bid. Mr. Kent said the process would not preclude the City from going back out to bid during the three years. He said they had met with the vendors, who understand the City's position and are comfortable with staff's recommendation. Councilmember Lieberman asked how many people would be hired and what hours would be covered. Mr. Kent said they provide service at a variety of facilities, including the Field Operations Center, the Glendale Landfill, the Glendale Airport, the Sahuaro Ranch historic property, the Manistee Ranch historic property, the cemetery and all of the libraries. He explained that they work with each facility to determine their individual security needs and can alter the hours of operations if the facility's operating hours change. Councilmember Lieberman asked if the security officers would carry weapons. Mr. Kent said they would not. Councilmember Lieberman asked if the City 18 would have an opportunity to review a security officers' backgrounds prior to their being assigned to the City's facility. Mr. Kent said they do not currently review backgrounds; however, they have asked for additional information concerning training and employee retention strategies. He stated that, in the past, the City has asked the vendor to terminate a person they felt was not performing and the vendor has always responded effectively. He noted that the vendor requires all security officers to attend an initial training program, as well as a continuing education program. It was moved by Eggleston, and seconded by Goulet, to waive the formal procurement process and award the contract to Arizona Sterling Protection for three years, with an option to extend two additional years at the discretion of the City Manager. The contract amount for security guard services is not to exceed $612,078.72 per year, taxes included. The motion carried unanimously. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 14. SPECIAL EVENT LIQUOR LICENSE — THUNDERBIRD ALUMNI RUGBY ASSOCATION — NOVEMBER 3 THROUGH NOVEMBER 4_2001 This was a request for a special event liquor license for the Thunderbird Alumni Rugby Association. The event is the Thunderbird Rugby International Invitational, which will be located at the American Graduate School of International Management, 15249 North 59th Avenue. This event is a fundraiser for the Thunderbird Rugby Team. This event will be held on Saturday, November 3, 2001 from 9:00 a.m. to 10:00 p.m. and on Sunday, November 4, 2001 from 10:00 a.m. to 6:00 p.m. The total days expended will be 2 of the allowed 10 days this calendar year. Under the provisions of Arizona Revised Statues, Section 4-203.02, the City is required to recommend approval or disapproval of the license to the State of Arizona Department of Liquor Licenses and Control. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Frate, to forward the Special Event Liquor License application for the Thunderbird Alumni Rugby Association, for the Thunderbird Rugby International Invitational, a fundraiser for the Thunderbird Rugby Team, to be held on November 3 and 4, 2001 at the American Graduate School of International Management, 15249 North 59th Avenue, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously 19 PUBLIC HEARING - LIQUOR LICENSES 15. LIQUOR LICENSE NO. 3-791 —THE ROADHOUSE This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for The Roadhouse, which is located at 7941 West Glendale Avenue. The previous owner operated this business as J & G Roadhouse Grill 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. Mayor Scruggs opened the public hearing on Agenda Item Nos. 15. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Eggleston, and seconded by Frate, to forward Liquor License Application No. 3-791 for The Roadhouse to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously 16. LIQUOR LICENSE NO. 3-792 — GRAND STOP 4 This was a request for a new series 10 (off-sale retail, beer & wine) license for Grand Stop 4, which is located at 6707 West Glendale Avenue. The previous owner, Circle K No. 238, currently has a series 9 (off-sale retail, all liquor) license at this location. Circle K intends to transfer its license to another location. The previous owner is still operating this establishment while the application for this new license is pending. The approval of the application for a series 10 license will increase the number of liquor licenses in this area by one until and unless the existing series 9 license is transferred to a different location. If the series 10 license is approved, the State of Arizona Department of Liquor Licenses and Control will require the previous owner to de-activate its series 9 license. Accordingly, the approval of the series 10 license will not increase the number of active liquor licenses in the area. 20 One protest was filed by a resident within the one-mile radius from the applicant's premises. The grounds for the individuals protest was that she believed there are too many liquor licenses in the area. The establishment is over 300 feet from any school or church. 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. Councilmember Clark asked to have this item heard separately. She pointed out that there are 18 liquor licenses within a one-mile radius. She said all, but four, sell all liquor either on or off premises. She asked if the preponderance of liquor licenses was for the sale of liquor on and off premises. Mr. Art Lynch, Finance Director, stated that it was. He noted that the requested Series 10 license would not increase the total number of licenses in the area because the currently existing Series 9 license would be deactivated. In response to Councilmember Lieberman's question, Mr. Lynch confirmed that Circle K is vacating the premises and the new store would be called the Grand Stop 4. Councilmember Lieberman asked when Circle K would transfer its license. Mr. Lynch stated that there had been no indication as to when that would occur, which is why that license would become inactive if, and when, the Series 10 license is approved. Mayor Scruggs opened the public hearing on Agenda Item No. 16. Mr. "Yousif "Jerry" Nab, resident of the City of Phoenix, said he looked forward to owning a business in the City of Glendale. He stated that he has owned a business in the City of Phoenix for several years and has not had a single violation. Mayor Scruggs asked Mr. Najib how he would clean up the violations which the current business has. Mr. Najib said he is usually on the premises and makes sure that his employees check identifications. Mayor Scruggs asked Mr. Najib what he would do about the intoxicated people who loiter around on the property, the indecent exposures, suspicious vehicles, and so forth. Mr. Najib said he had experienced the same problems when he first took over his business in the City of Phoenix. He said he often called the police to have people removed from the property. He stated that his employees make sure the area is clean and that there are no open containers of alcohol on the premises. Councilmember Goulet asked Mr. Najib if he intended to sell the same type of merchandise that Circle K sold. Mr. Najib stated that he intended to offer more grocery items. 21 As there were no further comments, Mayor Scruggs closed the public hearing. Councilmember Clark said, while she believed the applicant's intentions were good, he cannot be at both stores at the same time. She expressed her opinion that liquor would be the main product sold and the establishment would do nothing to uplift or improve the neighborhood. Councilmember Goulet said, although he appreciated the owner's intent to bring in a more diversified product line, he was troubled by the list of activities occurring at the site. He said, based on the owner's comments, he would support the request. He added that he would be watching to see that the owner lives up to his assurances. Mayor Scruggs asked Mr. Lynch if Circle K had been contacted to determine if it would stay in business should Mr. Najib's license be denied. Mr. Lynch said they had not had any discussions with Circle K regarding their intent. Vice Mayor Eggleston noted that the Series 10 license does not include hard liquor, which the existing Series 9 license permits. He expressed his opinion that the State Liquor Board would vote as it sees fit, regardless of the City's position. Councilmember Lieberman said Circle K has shown that they will close their stores, if necessary. He pointed out that one store in Phoenix and one store in Glendale have already closed. Councilmembers Martinez and Frate voiced their support of the application. It was moved by Martinez, and seconded by Lieberman, to forward Liquor License Application No. 3-792 for Grand Stop 4 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs said the location itself has been a problem; however, it appeared that their only choice was to approve the application or risk the current owner either continuing to do business under their Series 9 license or closing the store completely. Upon a call for the question, the motion carried by a vote of 6 to 1, with the following Councilmembers voting "aye": Eggleston, Frate, Lieberman, Martinez, Goulet and Scruggs. Councilmembers voting "nay": Clark. 22 ORDINANCES 17. OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-7 The "Official Zoning Map of the City of Glendale" is part of the Zoning Ordinance and identifies zoning district boundaries for all property within the City. The zoning information depicted on the map can only be changed by the City Council through the adoption of an ordinance. Staff keeps the map up-to-date to reflect the Council's approval of zoning applications. These map changes are then periodically brought to City Council for a formal map amendment. The City Council approved 28 zoning applications on individual properties between September of 1996 and April of 2000. Official Supplemental Zoning Map ZMA-7 will formally amend the zoning map to reflect these changes. This will not affect the Council's previous action on these applications. The recommendation was to waive reading beyond the title and adopt the ordinance for Official Supplementary Zoning Map ZMA-7. Dr. Vanacour asked that this item be tabled for one month due to technical difficulties. It was moved by Clark, and seconded by Goulet, to table Agenda Item No. 17 for one month. The motion passed unanimously. 18. MODIFICATIONS TO THE FLOODPLAIN MANAGEMENT CHAPTER OF THE CITY OF GLENDALE MUNICIPAL CODE BOOK Mr. Larry Broyles, City Engineer, presented this request for approval of a modification to Chapter 17 of the City of Glendale Municipal Code Book concerning Floodplain Management. The Federal Emergency Management Agency (FEMA) has recently published revised Flood Insurance Rate Maps (FIRM) for the City of Glendale. In order to meet the requirements of FEMA and remain in the National Flood Insurance Program (NFIP), it is necessary for the City to formally adopt the revised Flood Insurance Study and the accompanying maps. The Floodplain Management ordinance must therefore be revised to adopt the new study and map. To simplify the process and eliminate the need to modify the ordinance each time FEMA publishes a new study and maps, Section 17-11. Basis for establishing areas of special flood hazard should be modified to read as follows: 23 The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Maricopa County, Arizona and incorporated areas, dated July 19, 2001 , with accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFM), dated July 19, 2001, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared a part of this ordinance. The flood insurance study is on file at the office of the City Clerk and a copy is on file in the office of the City Engineer. The recommendation was to waive reading beyond the title and adopt an ordinance amending Section 17-11 of the City of Glendale Municipal Code. In response to Councilmember Clark's question, Mr. Broyles stated the revisions are a result of changing some aspect of the flood plane. Councilmember Clark asked if staff could prepare a new flood plain map for publication on the city's website. Mr. Broyles agreed it would be a good idea and said he would look into including it on the Engineering Department's website. Ordinance No. 2222 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 17, ARTICLE I REFERRED TO AS THE FLOODPLAIN MANAGEMENT ORDINANCE OF THE CITY OF GLENDALE; AND DECLARING AN EMERGENCY. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2222 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. 19. ERECT-A-TUBE, INC. ASSIGNMENT OF LEASE AGREEMENT Mr. Mark Ripley, Airport Manager, presented this item. Erect-A-Tube, Inc. created Partners in Flight, Inc., as a hangar association to operate and manage a hangar complex containing 18 individual units located on the northwest corner of the Airport. The City Attorney's office reviewed the sublease agreement between Partners In Flight and the individual hangar tenants to confirm that the interest of the City is protected, while allowing the hangar association to exist. Items incorporated in the agreement include the Airport rules and regulations, minimum operating standards, and the ability to conduct hangar inspections. Erect-A-Tube, Inc. requested a ratification of the assignment of ground lease (C-3871) between Erect-A-Tube, Inc. and the City of Glendale to Partners in Flight, Inc. 24 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the ratification of the assignment. Ordinance No. 2223 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 EXECUTION OF AN ASSIGNMENT OF LEASE AGREEMENT WITH ERECT-A-TUBE, INC. AND PARTNERS IN FLIGHT, INC. FOR THE CONSTRUCTION, OPERATION AND MANAGEMENT OF AIRCRAFT HANGARS AT THE GLENDALE MUNICIPAL AIRPORT. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2223 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. AIRPORT OFFICE LEASE RENEWAL WITH TEMPLE AIR SERVICE Mr. Mark Ripley, Airport Manager, presented this item. Temple Air Service requested renewal of its lease for 226 square feet of office space in the terminal building at the Glendale Municipal Airport. This company has been a tenant in the terminal building at the Glendale Airport for the last five years. The base term of this lease will be for one year, with four successive one-year renewal options. Annual rent (less tax) for the office lease space will be $3,330.60 for the first year of the lease. This is comparable to what is presently being charged for office space in the terminal. There will be a Consumer Price Index (CPI) increase adjustment at the end of each year of the lease. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the renewal of lease for office space at the Glendale Municipal Airport to Temple Air Service. Ordinance No. 2224 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH TIM BROWN, DBA TEMPLE AIR SERVICE FOR OFFICE SPACE AT THE GLENDALE AIRPORT TERMINAL BUILDING. It was moved by Clark, and seconded by Goulet , to approve Ordinance No. 2224 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 25 21. HANGARS UNLIMITED L.L.C. RATIFICATION OF ASSIGNMENT OF LEASE AGREEMENT Mr. Mark Ripley, Airport Manager, presented this item. The City of Glendale awarded a lease to John and Sharon Crothers in October of 1997 for the construction of aircraft hangars. On October 27, 1999, John and Sharon Crothers purportedly assigned their lease to Ann Boatman doing business as Hangars Unlimited L.L.C. Hangars Unlimited L.L.C. recently completed a twin maintenance/aircraft storage hangar just south of the terminal building. Upon completion of the facility, Hangars Unlimited L.L.C. contacted staff requesting to have their lease extended for three years. This would give Hangars Unlimited L.L.C., a base term of twenty years, with two ten- year options to renew, with the same terms stated in the original lease agreement. Following the recently established procedure where the City Attorney's office reviews all assignments for adherence to the principal of the agreement, the City Attorney's office has constructed an assignment agreement that will extend the lease agreement, while increasing the insurance requirements. Hangars Unlimited, L.L.C. requested a ratification of the previous assignment on the Airport lease agreement with the City of Glendale. Hangars Unlimited L.L.C. requested that the City ratify the following purported lease assignment associated with lease agreement C-3650, the assignment dated November 4, 1999, from John and Sharon Crothers. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the ratification of the assignment. Ordinance No. 2225 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, RATIFYING THE PREVIOUS ASSIGNMENT TO LEASE AGREEMENT NO. C-3650 FOR THE OPERATION OF AN AIRCRAFT AIRFRAME, ENGINE AND ACCESSORY MAINTENANCE AND REPAIR SERVICE BUSINESS AT THE GLENDALE MUNICIPAL AIRPORT; AND AUTHORIZING THE EXECUTION OF AN ADDITIONAL ASSIGNMENT OF LEASE AGREEMENT BETWEEN THE CITY OF GLENDALE AND HANGERS UNLIMITED L.L.C. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2225 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 NEW BUSINESS — PUBLIC HEARING 22. PUBLIC HEARING - PROPOSED ANNEXATION IN THE VICINITY OF 91ST AVENUE NORTHERN TO GLENDALE Ms. Kris Luna, Property Manager, presented this item. The proposed annexation area includes approximately 237 acres located between Glendale and Northern Avenues, portions of which fall on either side of 91st Avenue. Property owners within the area are aware of the City's desire to include this land within the Glendale City limits. The blank petition was recorded on October 1, 2001. This public hearing is being held within the thirty-day waiting period required by State Statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first-class mail. The property has been posted in at least three conspicuous places and this hearing has been advertised in the Glendale Star. Once this public hearing has been held and the thirty-day waiting period is up, the City may proceed with gathering the signatures required by law to continue the annexation process. If a sufficient number of signatures in favor of the annexation are obtained, the Council will then be asked to consider the adoption of an annexation ordinance. The recommendation was to hold a public hearing to receive public input concerning the proposed annexation of this area into the City. Mayor Scruggs opened the public hearing on Agenda Item No. 22. Mr. Jerry Kosowsky, a resident of Marico•a CounAy, spoke on behalf of Glendale Media I, LLC. He reviewed Glendale Media's previous attempts at annexation, which were delayed or denied by the City. He said the City now wants to bifurcate their property, putting a City strip through the middle of their project. He said their property would no longer be contiguous in the County and, consequently, the zoning process would have to start over. He noted that they would most likely lose over $30,000 in fees paid to the County. He urged the Council to allow them to finish their zoning with the County, at which time they could annex into the City of Glendale. He estimated that previous annexation attempts have cost them more than $1 million. As there were no further comments, Mayor Scruggs closed the public hearing. No action was taken on this item. 27 23. HOLD OVER OF JUDGE BURKHOLDER'S TERM AS ASSISTANT CITY JUDGE --- - Mr. Cecil B. Patterson, Jr., Acting City Judge, presented this item. The term of office of Mr. John Burkholder, the City's Assistant City Judge, expires on October 30, 2001. The Acting City Judge cannot make a recommendation concerning re- appointment at this time, as the City of Glendale does not currently have a formal, published, or objective criteria for the evaluation of judicial performance in the Glendale Municipal Court The Acting City Judge requested that the City Council hold over Mr. Burkholder in his current term of office for a period of one year in order to establish a protocol for the evaluation of judges within the Court. The recommendation was to approve the hold over of the term of office of Mr. John Burkholder, the City's Assistant City Judge, for a period of one year. It was moved by Eggleston, and seconded by Martinez, to hold over the term of office of Mr. John Burkholder, the City's Assistant City Judge, for a period of one year. The motion carried unanimously. NEW BUSINESS 24. MANISTEE TOWN CENTER DEVELOPMENT AGREEMENT Mr. Jim Colson, Economic Development Director, presented this item. During May of 2001, the City of Glendale acquired the 54-acre Manistee Town Center property. For a number of years it has been an underperforming property. The City entered into a memorandum of agreement with The Ellman Companies for a coordinated and orderly development of the former mall site. After significant negotiations and discussions with The Ellman Companies, staff brought the preliminary development agreement to the Mayor and Council at the October 16th Workshop session. Based on the feedback and direction provided by the Mayor and Council, staff modified the development agreement which was brought to the Mayor and Council at tonight's meeting. Key terms of the agreement provide that the City will demolish the existing mall and convey the site to The Ellman Companies for redevelopment. The Ellman Companies will develop an attractive and viable retail center, consistent with the General Plan and other City goals. The Ellman Companies have committed to redevelop the site within a maximum time of five years. The Ellman Companies will reimburse the City for a significant portion of its out-of-pocket costs related to the acquisition and clean-up of the site. 28 Based on the direction of the Mayor and Council, staff has prepared a brief presentation, highlighting the development agreement, for review by the Mayor and Council. The recommendation was to waive reading beyond the title, and adopt a resolution authorizing the City Manager to enter into a development agreement with The Ellman Companies for redevelopment of the Manistee Town Center site. Councilmember Lieberman said he had gone through five revisions of the development agreement. In addition, he had asked many questions during a series of three meetings, all of which were answered to his satisfaction. He stated that he was anxious to get started and would vote in support of the resolution. Councilmember Clark said the agreement is the result of many hours of work and serves the interests of three basic parties: the neighborhood, the City, and The Ellman Companies. She said she, too, would support the resolution. Resolution No. 3513 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 NORTHERN AVENUE DEVELOPMENT, LLC (MANISTEE TOWN CENTER); AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Goulet, and seconded by Clark, to pass, adopt and approve Resolution No. 3513 New Series. Councilmember Martinez stated that he also had numerous questions which were satisfactorily answered. He expressed his opinion that the project would be beneficial to the neighborhood and the City in general. Mayor Scruggs corrected the resolution. She pointed out that the reference to Northern Avenue Development, LLC should read Northern Avenue Holdings, LLC, both in the title and in Section 1 of the resolution. Councilmember Goulet stated that the project has been a long time in coming and represents a great opportunity for the City. Upon a call for the question, the motion carried unanimously. 25. BOARDS AND COMMISSIONS Appointments are to be made to the following Boards or Commissions that have a vacancy or expired term. 29 Effective Term Date Expires Personnel Board Beck, Bob (Chair) Appointment 12/23/2001 12/22/2002 Transportation Advisory Commission Hill, Bryan (Sahuaro) Re-appointment 11/07/2001 11/06/2003 Meyer, Mark (Yucca) Appointment 11/07/2001 11/06/2003 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint Bob Beck to the Personnel Board; and Bryan Hill and Mark Meyer to the Transportation Advisory Commission, for the terms listed above. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to vacate the City Council Workshop on November 6, 21001 and to hold a Special City Council Workshop at 1:30 p.m. on Tuesday, November 13, 2001, in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to ARS 38- 431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Tom Pfeifer, a resident of the Cityof Glendale Sahuaro _District, approached the Council to discuss Proposition 402. Mr. Paladini stated that City Resolution 3136 Article 5.5 does not permit political statements during the Citizen Comment period. He said it is in the Mayor's discretion to determine whether a political statement is being made. Mayor Scruggs referred to the Guidelines for Public Comments adopted by the City Council. She explained that a ballot matter is considered a political speech and is not permitted under Citizen Comments. Mr. Pfeifer explained that his intent was to offer information which was not provided by the City and he left the lectern. 30 Ms. Debra Kist, a resident of the City of Glendale Barrel District, said she had heard that Wal-Mart could be the anchor tenant at Manistee Town Center, although Wal-Mart had previously stated that they had never looked at Manistee for a supercenter. She questioned whether the savings realized on products would be worth working with a company second only to the U.S. government in the number of lawsuits. She submitted copies of a variety of complaints against Wal-Mart that she had obtained from the Internet. She said she abhors Wal-Mart's practices. She said Wal-Mart seems to have a blatant disregard for customers and employees. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark congratulated the City's Visitor's Center on its one year anniversary. She welcomed The Ellman Companies to the City of Glendale. She stated that this was the first of many agreements they looked forward to entering into with The Ellman Companies.. Councilmember Goulet said they had dealt with two troublesome parcels in the City tonight and he believed the changes would be good for the City. He asked everyone to drive with caution on Halloween. He encouraged everyone to vote in next Tuesday's election. Councilmember Lieberman thanked staff, particularly Mr. Art Lynch, Mr. Jim Colson, and Mr. Ed Beasley, as well as Mr. Tim Martin, Mr. Tim Wright, and Mr. Steve Ellman from The Ellman Companies for their efforts in developing the agreement. He welcomed The Ellman Companies to the City of Glendale. He invited everyone to attend the Halloween festivities at Sahuaro Ranch Park. He also encouraged everyone to vote on November 6th Vice Mayor Eggleston welcomed The Ellman Group and the new development at Manistee Town Center. Councilmember Frate thanked the Parks and Recreation Department for doing an outstanding job on the hometown festival. He congratulated Mr. Victor Mendez on his appointment to Director of the Arizona Department of Transportation. Mayor Scruggs thanked staff, the contract people involved, Mr. Ellman, The Ellman Group, and everyone else involved in the contract. ADJOURNMENT There being no further business, the meeting was adjournejYat 99 15 p.m. Pamela Oliveira - City Clerk 31