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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/27/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, NOVEMBER 27, 2001, AT 7:00 P.M. 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; 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 five resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE NOVEMBER 8 AND NOVEMBER 13, 2001 COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the special Council meeting held on November 8, 2001 and the regular Council meeting held on November 13, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS PRESENTATION OF AWARDS FROM THE ARIZONA STATE PARKS BOARD FOR FISCAL YEAR 2001 HERITAGE FUND GRANTS On September 20, 2001 , the Arizona State Parks Board approved funding for the following three City of Glendale projects. 1. A Heritage Fund Local and Regional State Park Development grant award in the amount of $156,394 to develop a playground on the northeast side of the Grand Canal, near Camelback Road and 75th Avenue. This will be the City's first playground designed specifically for physically-challenged children. 2. A Heritage Fund Trail grant was awarded in the amount of $14,735 for additional trail amenities. These include a trailhead, signage, seating areas, a water fountain. and bicycle racks along approximately one-third of the existing multi-use trail in the Grand Canal Linear Park. 1 3. A Heritage Fund Historic Preservation grant was also awarded in the amount of $74,588 for a Sahuaro Ranch Historic Weatherization and Porch Restoration project. The foundation and façade weatherization will protect the ranch buildings from further deterioration and the restoration of the wood porches will re-create an important part of Historic Sahuaro Ranch history. In celebration of these awards and the success of the Heritage Fund Grant Program, Ms. Sue Hilderbrand, Grant Coordinator with Arizona State Parks, presented the grant monies to the Mayor and Council. Mayor Scruggs accepted the Arizona State Parks Fiscal Year 2001 Heritage Fund grant awards. Mayor Scruggs thanked the Arizona State Parks Board for the three grant awards and for the confidence and trust they have shown in the Glendale community. She thanked staff members who put much time and effort into the preparation of the grant applications which resulted in the funding awards. She noted that the Arizona State Parks Heritage Fund has contributed approximately $2.6 million to the City of Glendale since 1994. She said the Historic Preservation $500,000 contribution made the purchase and preservation of the Manistee Ranch historic site a reality. She stated that Heritage grants have also been received to restore Manistee's main house, garage and ranch business office, which are now open for the public to enjoy. She noted that Sahuaro Ranch received four previous grants for its restoration. She said Heritage Parks grants have helped Glendale acquire Manistee Serenity Park and to substantially accelerate the development of Discovery Park, Desert Mirage Park, Greenbriar Park, and Arrowhead Meadows Park. She stated that Heritage Trails grants are helping the City complete and pay for exceptional user amenities and trails throughout the Skunk Creek Linear Park and Trail System and for comprehensive signage along trails and wildlife viewing areas in Thunderbird Conservation Park. She said, in collaboration with the Glendale Elementary School District, a Heritage Fund Grant was awarded to salvage the last remaining unit classroom of the very first elementary school located in the City of Glendale. She said the grants awarded tonight will be used to create open spaces and preserve Glendale's heritage. 2001 RUTH BYRNE HISTORIC PRESERVATION AWARD The Historic Preservation Commission has selected two recipients for the City's prestigious Ruth Byrne Historic Preservation Award for 2001. They are Glendale businesswoman, Mr. Sandy Kralovetz, and Glendale businessman, Mr. Larry Rovey. Ms. Sandy Kralovetz is the owner of the specialty retail store called Sandy's Dream Dolls, located at 7154 North 58th Drive within Catlin Court. Ms. Kralovetz purchased the property and proceeded with the restoration of the 1917 Christian Church Bungalow. Once the restoration of the building was completed, Ms. Kralovetz opened, and continues to operate, her business called Sandy's Dream Dolls. 2 Mr. Larry Rovey is a long-standing member of the Sahuaro Ranch Foundation and is an area dairy farmer. Mr. Rovey has supported the Sahuaro Ranch activities and the preservation of Glendale's agricultural history for many years. The Ruth Byrne Historic Preservation Award was established in 1996 to recognize outstanding contributions, by individuals or organizations, to historic preservation in the City. The Historic Preservation Commission solicits nominations for the award annually. A subcommittee is formed to evaluate the nominations and make a recommendation to the Historic Preservation Commission on the current year's award recipient(s). The Historic Preservation Commission made this year's selections at its meeting held on September 27, 2001. Mayor Elaine Scruggs and Ms. Neva Johnson, Chairperson of the Historic Preservation Commission, presented the award to Ms. Sandy Kralovetz and Mr. Larry Rovey. The City Council joined in honoring them for their contributions to the historic preservation of the City of Glendale. CONSENT AGENDA Dr. Martin Vanacour, City Manager, read Agenda Item Numbers 1 and 2 by number and title. 1. AWARD OF CONSTRUCTION CONTRACT: OCOTILLO-ROSE NEIGHBORHOOD IMPROVEMENTS This was a neighborhood grant project funded through the Neighborhood Partnership Program and the City's Community Development Block Grant Program (CDBG). It was a request for City Council award of a construction contract to Hunter Contracting Company in the amount of $130,274.18 for the installation of new street curb, gutter, standard and decorative sidewalks, handicap ramps, and asphalt pavement. The improvements will be made along portions of 59th Drive, 60th Avenue and 61st Avenue from Maryland Avenue to Keim Drive in the Ocotillo-Rose Neighborhood. In total, this project will result in the construction of 4,882 linear feet of new sidewalk. The project started during the Spring 2000 neighborhood grant cycle, when the Mayor and City Council approved a neighborhood grant request by the Ocotillo-Rose Neighborhood Association in the amount of $10,200 for the design work of these requested neighborhood improvements. Representatives of the Ocotillo-Rose neighborhood worked with City staff, the project engineer, and a consulting landscape architect during the design phase of the project. Upon completion of the design work, construction cost estimates were identified and used to form the basis of a Fiscal Year (FY) 2001-2002 CDBG request in the amount of $200,000 that was subsequently recommended and approved by the City Council on May 8, 2001. As part of the design process, the neighborhood examined 3 several possible "decorative theme" concepts that could be incorporated into segments of the new sidewalk leading towards the Ocotillo-Rose Park. The neighborhood association subsequently submitted a Spring 2001 grant request in the amount of $30,000 that was approved by the Mayor and City Council on May 29, 2001 to fund the incorporation of the decorative themes in the sidewalks as part of the larger CDBG- funded project. The construction bid process for this project was structured with a base bid for the street curb, gutter, standard sidewalk, handicap ramps, and asphalt repair, and one bid add alternate incorporating the decorative theme into 17 panels of the new sidewalk at the street intersections. Twelve bids were received and opened on October 18, 2001 for this project. Hunter Contracting Company, a qualified and licensed contractor, submitted the lowest bid in the amount of $130,274.18 for the base bid amount, plus the bid add alternate. Funds for the construction of these neighborhood improvements are available in Community Development Block Grant Funds Account Number 11-8655-8330. The recommendation was to award the construction contract to Hunter Contracting Company in the amount of $130,274.18. 2. AWARD OF CONSTRUCTION CONTRACT — GLENDALE MUNICIPAL AIRPORT AUTOMATED WEATHER OBSERVATION SYSTEM This was a request for City Council award of a construction contract to Rural Electric, Inc. in the amount of $114,464 for the installation of a Federal Aviation Administration (FAA) approved Level III — Automated Weather Observation System at the Glendale Municipal Airport. An automated weather observation system (AWOS) is required by the FAA for standard airport operation. The existing system is out-dated and unreliable. During standard control-tower operations the new AWOS will provide the tower with the current wind speed and direction, ambient temperature, dew point, atmospheric pressure, cloud height and visibility conditions. When the control tower is not in operation, this information will be available by telephone and local ground-to-air broadcast. Two bids were received and opened at 10:00 a.m. on Thursday, November 1 , 2001. Rural Electric, Inc., a qualified and licensed contractor, submitted the lowest bid for $114,464. Grants from the FAA and the Arizona Department of Transportation (ADOT) Aeronautics Division will provide $85,116.55 of the funds needed for the installation costs of the AWOS. Funds in the amount of $29,347.45 need to be transferred from Account Number 15-4310-7330, Airport Operations, into Account Number 34-8590-7999, FAA Grant 12- AWOS, to cover the City's share for the installation of the AWOS. 4 The recommendation was to transfer the funds and award the construction contract to Rural Electric, Inc. in the amount of $ 114,464. CONSENT RESOLUTIONS 3. PEDESTRIAN DESIGN ASSISTANCE PROGRAM GRANT The City of Glendale has been offered a $50,000 pedestrian improvement planning grant from the Maricopa Association of Governments (MAG) Pedestrian Design Assistance Program. This program provides funding for the design of demonstration projects that improve access and facilities for pedestrians, bicyclists and mass transit users. This grant would fund a project entitled "The Old Roma Pedestrian Alleyway-to-Walkway Pilot Project" which proposes the redesign of the alleyway located between the Old Roma Restaurant and the Mad Hatters Antique Shop on Glendale Avenue between 58th Avenue and 57th Drive. The project will include experimentation with a variety of alternative design approaches and the preparation of a set of pedestrian design standards that will help guide and unify future pedestrian alleyway treatments in the Old Towne District. The recommendation was to waive reading beyond the title and adopt a resolution accepting the MAG Pedestrian Design Assistance Program Grant described herein. Resolution No. 3516 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION, ALONG WITH MATCHING FUNDS, TO THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) FOR A $50,000 PEDESTRIAN IMPROVEMENT PLANNING GRANT; AND AUTHORIZING THE ACCEPTANCE OF SAID GRANT IF AWARDED. 4. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR SEAT T BELT AND CHILD RESTRAINT ENFORCEMENT The Glendale Police Department has been offered, for the second year, a grant for $30,000 from the Governor's Office of Highway Safety. The grant will continue to provide overtime funding for seat belt and child restraint enforcement in the City of Glendale through a quarterly enforcement program that will include public information, education, and networking with other agencies participating in the National Buckle-Up America Program. The grant will also provide for the enforcement of all traffic violations. The Glendale Police Department will participate in four quarterly enforcement waves. The overtime factored in each wave is $7,500, not to exceed $30,000 at the end of the project. Each enforcement wave will be one week in duration as follows: 5 Dates Week November 24 through November 30, 2001 Thanksgiving Week February 9 through February 15, 2002 Child Passenger Safety Week May 11 through May 17, 2002 Special Enforcement Buckle-Up America Week August 17 through August 23, 2002 Start of School Week The Glendale Police Department will conduct pre-wave and post-wave observation surveys to determine seat belt and child restraint usage. Survey locations are at the discretion of the Glendale Police Department. Each Enforcement Wave will include the following components: • Maintain a high profile when enforcing vehicle occupant protection laws during all traffic stops • Use of A-frame signs or message sign light bars to announce enforcement • Media coverage There are no City-match funds required. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept a grant from the Governor's Office of Highway Safety for overtime funds totaling $30,000. Resolution No. 3517 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 ACCEPTANCE OF THE GRANT OFFER FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR SEAT BELT AND CHILD RESTRAINT ENFORCEMENT. 5. HIGH INTENSITY DRUG TRAFFICKING AREA — MARICOPA COUNTY CLANDESTINE LAB TASK FORCE SALARY AGREEMENT In May of 1999, the Drug Enforcement Agency (DEA), in conjunction with the High Intensity Drug Trafficking Area (HIDTA) Task Force, received a grant through the federal Community Oriented Policing Services (C.O.P. S.) Program to form a statewide multi-agency clandestine lab task force. The task force is intended to disrupt the illicit manufacturing of narcotics and dangerous drugs in the State of Arizona by immobilizing targeted clandestine laboratory violators and organizations involved in the manufacturing of illegal drugs. The task force is comprised of officers from Valley law 6 enforcement agencies. The Maricopa County Sheriff's Office (MCSO) has requested that the Glendale Police Department continue to participate by dedicating one officer to this endeavor. The MCSO funds this task force and reimburses participating agencies the cost for personnel assigned full-time to the unit (not to exceed $59,048), as well as the clean-up of methamphetamine lab locations. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the MCSO to assign an officer to the HIDTA task force for the reimbursement of salary costs of an officer. Resolution No. 3518 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY SHERIFF'S OFFICE AND THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) TASK FORCE FOR THE REIMBURSEMENT OF SALARY COSTS FOR AN OFFICER ASSIGNED TO THE MARICOPA COUNTY CLANDESTINE LAB TASK FORCE. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he was happy to see that the Council was awarding $130,000 to the Ocotillo/Rose neighborhood, especially since the money is going to a neighborhood group and not a homeowners association. He voiced his support of the High-Intensity Drug Trafficking Area agreement. He urged the Council to ensure that all citizens' civil rights are protected. Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, submitted a public hearing speaker's card in support of Item No. 1, but chose not to address the Council. It was moved by Eggleston, and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 5, including the approval and adoption of Resolution No. 3516 New Series, Resolution No. 3517 New Series, and Resolution No. 3518 New Series. The motion carried unanimously. LAND DEVELOPMENT ACTION 6. WESTERN AREA GENERAL PLAN AMENDMENT APPLICATION NO. G P-00-04 During the past year, the City has been actively involved in sponsoring citizen participation meetings for the "Western Area General Plan Update". This plan proposes future land use and development character for the area that encompasses 7 about 10 square miles located between 83rd and 115th avenues, from Northern Avenue to Camelback Road, and includes unincorporated land within Glendale's strip- annexed area. More than 65% of the land is currently undeveloped or being used for agricultural purposes. The Western Area General Plan Update, Application No. GP-00-04, was originally scheduled for a Council Workshop discussion in November; however due to scheduling conflicts, it could not be heard. In anticipation of this Workshop discussion, the actual approval of the Western Area General Plan Update was publicly noticed for the November 27, 2001 City Council meeting in the Glendale Star. Because of the scheduling conflict, staff recommended that this item be tabled until January 8, 2002 and be presented to the City Council in the form of a Workshop discussion prior to the public hearing and City Council adoption. It was recommended that the City Council table this item and conduct the public hearing for Application No. GP-00-04, Western Area General Plan Update on January 8, 2002. It was moved by Clark, and seconded by Lieberman, to table Agenda Item No. 6 and conduct the public hearing for Application No. GP-00-04, Western Area General Plan Update, on January 8, 2002. The motion carried unanimously. BIDS AND CONTRACTS 7. CONTRACT AWARD: ENVIRONMENTAL ABATEMENT AND DEMOLITION OF MANISTEE TOWN CENTER Mr. lain Vasey, Redevelopment Manager, presented this request to award a construction contract to International Environmental Corporation for the environmental abatement and demolition of the Manistee Town Center Mall. The environmental abatement and demolition is necessary to remove the existing building and prepare the site for future development. The base bid includes the asbestos abatement and demolition of the main mall building. The bid package was offered as a combination of base bid, with two additive alternates. However, neither add alternate will be awarded with this contract. The add alternates were the environmental abatement and demolition of the Maya School building and the demolition of the bank building. The bank will remain until the redevelopment plans for the site are completed and the school demolition will be postponed until the school is relocated. Parking lot lighting and asphalt pavement will remain in place until the site is ready for redevelopment. The award of the contract will be based on the Base Bid. Five bids were received and opened at 11 :00 a.m. on November 21 , 2001 . International Environmental Corporation, a qualified and licensed contractor, submitted the lowest base bid in the amount of $1,190,700. The environmental abatement and demolition 8 work is scheduled to begin on or before December 12, 2001 and be completed within 90 days. The environmental abatement and demolition will be funded in the 2001-02 budget, Account Number 01-8058-8300. This project will require an appropriation transfer of $1,190,700 from General Fund Contingency Account Number 01-2450-7000 to Manistee Project Account Number 01-8058-8300. The recommendation was to award the contract to International Environmental Corporation in the amount of $1,190,700 and authorize the appropriation transfer of $1,190,700 from General Fund Contingency Account Number 01-2450-7000 to Manistee Project Account Number 01-8058-8300. It was moved by Lieberman, and seconded by Frate, to award the contract to International Environmental Corporation in the amount of $1,190,700 and authorize the appropriation transfer of $1,190,700 from General Fund Contingency Account Number 01-2450-7000 to Manistee Project Account Number 01-8058-8300. The motion carried unanimously. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 8 SPECIAL EVENT LIQUOR APPLICATION FOR GOLDEN W.H.E.E.L. — DECEMBER 6, 2001 This was a request for a special event liquor license for Golden W.H.E.E.L. (Women Helping to Educate and Enrich Lives). The Golden W.H.E.E.L. Organization raises scholarship funds for high school seniors and funds for the West Valley Crisis Center. The event is located at 13327 North 65th Drive. This event is the second annual "Denim and Diamonds" dinner intended to raise funds to distribute scholarships. The event will be held from 6:00 p.m. to midnight on Thursday, December 6, 2001. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this calendar year. Pursuant to Arizona Revised Statutes Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor License only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 8. As there were no comments, Mayor Scruggs closed the public hearing. 9 It was moved by Lieberman, and seconded by Clark, to forward the Special Event Liquor License Application for Golden W.H.E.E.L. (Women Helping to Educate and Enrich Lives) for a fundraiser dinner to be held at 13327 North 65th Drive, Glendale, Arizona, on December 6, 2001, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 9 LIQUOR LICENSE NO. 3-794 — FRATERNAL ORDER OF EAGLES F.O.E. 2843 This was a request for a new series 14 (on-sale retail, private club) license for the Fraternal Order of Eagles F.O.E. 2843, which is located at 7575 North 67th Avenue. The Fraternal Order of Eagles is a nationwide civic organization formed for the purpose of community service and volunteerism to raise money for charity. Nationally, the Fraternal Order of Eagles have been involved in the Workman's Compensation Act, Social Security laws and Jobs After 40. Additionally, they have sponsored the Ehrmann Cancer Fund, the Max Bear Heart Fund, the Jimmy Durante Children's Fund, and the Diabetes Fund. There have been no prior liquor licenses at this location. The approval of this license will increase the number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 10. LIQUOR LICENSE NO. 3-795 — BILKO'S SPORTS LOUNGE This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Bilko's Sports Lounge, which is located at 5160 West Northern Avenue. The previous owner operated this business as Bilko's Sports Lounge 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. 10 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. 11 . LIQUOR LICENSE NO. 3-796 — KAHLUA'S BAR & GRILL This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Kahlua's Bar & Grill, which is located at 5106 North 51st Avenue. The previous owner operated this business as Kahlua's Bar & 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. 9, 10, and 11. Mr. Bruce Griffis, a resident of the City of Glendale Barrel District, President of Area 2843 of the Fraternal Order of Eagles, explained that the Fraternal Order of Eagles has held a license in the area of 51st and Glendale Avenues for 48 years and has recently moved. He stated that, in their opinion, they were re-opening a license they previously held. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his support of Liquor License No. 3-794 for the Fraternal Order of Eagles. Mayor Scruggs closed the public hearing. 11 It was moved by Lieberman, and seconded by Eggleston, to forward Liquor License Application No. 3-794 for Fraternal Order of Eagles F.O.E. 2843; Liquor License Application No. 3-795 for Bilko's Sports Lounge; and Liquor License Application No. 3-796 for Kahlua's Bar and Grill, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Councilmember Clark noted that one of the applicants had 14 burglar alarm calls. She suggested that the City develop a mechanism to charge for repeated alarm calls. Upon a call for the question, the motion carried unanimously. ORDINANCES 12. TRANSPORTATION SALES TAX Mr. Tim Ernster, Deputy City Manager, presented this item. Glendale voters approved Proposition No. 402 in support of the Transportation Election Package at a Special Election held on November 6, 2001. The Transportation Election Package includes a new half-cent sales tax to pay for transportation projects and programs for all modes of transportation. The new half-cent sales tax will be an ongoing source of revenue and will be deposited directly into a Transportation Sales Tax Fund. With City Council ratification, the new transportation half-cent sales tax will become effective January 1 , 2002. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing a new half-cent sales tax for transportation projects and programs as contained in the Transportation Election Package and approved by the voters on November 6, 2001. Ordinance No.2228 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 CHAPTER 21.1 OF THE GLENDALE CITY CODE BY INCREASING THE CITY OF GLENDALE SALES (PRIVILEGE AND USE) TAX RATES BY ONE-HALF OF ONE PENNY PER ONE DOLLAR OF SALES FOR TRANSPORTATION PROJECTS AND SERVICES; DIRECTING THE ESTABLISHMENT OF A SEPARATE TRANSPORTATION FUND; AND SETTING FORTH AN EFFECTIVE DATE. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2228 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. 12 13. ANNEXATION OF 237 ACRES LOCATED BETWEEN NORTHERN AND GLENDALE AVENUES AT 91ST AVENUE Ms. Kris Luna, Property Manager, presented this item. A public hearing was held on October 30, 2001 to receive public comment related to a proposed annexation initiated by the City of Glendale. Holding this public hearing satisfied the statutory requirement for this step in the annexation process. One party spoke at the hearing in opposition to the proposed annexation. The next step in the process is the adoption of an ordinance authorizing the annexation of this area into the City. The boundaries of the proposed annexation are between Northern Avenue on the north, Glendale Avenue on the south, 95th Avenue on the west, and the 89th Avenue alignment on the east. The total area includes approximately 237 acres. The annexation petitions have been circulated and the City has received sufficient signatures to meet the statutory requirements for annexation. Owners of at least one-half of the value of real and personal property and more than one-half of all property owners in the proposed annexation area have signed the 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. Mayor Scruggs closed the public hearing. Mr. Jerry Kosowsky, a resident of Maricopa County, Arizona, stated that he had, on behalf of Glendale Media I, L.L.C., previously voiced concerns over the annexation, but his comments fell on deaf ears. He said he had been unable to obtain information from the City and, should Council vote to continue with the annexation, he would pursue every available option to reverse the action. He asked the Council to table the issue until Glendale Media I, L.L.C.'s concerns have been addressed. Mayor Scruggs closed the public hearing. Ordinance No. 2229 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. 137. 13 It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2229 New Series. The 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. RESOLUTIONS 14. FEDERATED DEVELOPMENT AGREEMENT Mr. Jim Colson, Economic Development Director, presented this request to enter into a development agreement with Federated Insurance. Federated Insurance has agreed to lease approximately 40,000 square feet of a 75,000 square foot office facility being constructed at the Talavi Business Park by Opus West. Federated Insurance agrees to maintain a local corporate office at the property for a period of not less than ten years and plans on hiring 180 employees. The City of Glendale will provide up to $500,000 in rebates and incentives. The rebates and incentives include up to $250,000 to reimburse direct fees, up to $50,000 to rebate the construction sales tax collected, and up to $200,000 in an Employment Development Incentive for new qualified full-time positions created. This project provides several benefits to the community. At 75,000 square feet, this will be one of the largest non-municipal or medical, Class-A office developments in the City. This project also helps solidify the Talavi Business Park as an office location. The project will create approximately 180 office jobs, with an average wage of $18.00 per hour. Total project capital investment is estimated at $8,000,000. This project meets the City Council objective of creating high-quality jobs within proximity to Glendale residents. Funding for the construction sales tax rebate is available in Account Number 01- 2480-7326. In order to fund the reimbursement of direct fees and the Employment Development Incentive, an amount of $450,000 must be transferred from Contingency Account Number 01-2459-7000 into Economic Opportunities Fund Account Number 01-2495-7330. 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 Federated Insurance and, further, approve the transfer of $450,000 from Contingency Account Number 01-2459-7000 to Economic Opportunities Fund Account Number 01- 2495-7330. 14 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said it was good to see the City attracting this type of business, especially in light of many other corporations leaving the state. He suggested that the City be innovative in its future attempts to attract businesses. He said he hoped that most of the 180 office jobs would given to citizens of Glendale. Resolution No. 3519 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 FEDERATED INSURANCE; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. It was moved by Frate, and seconded by Martinez, to pass, adopt and approve Resolution No. 3519 New Series. Mayor Scruggs congratulated and thanked the Economic Development Department team for this opportunity. She said the agreement fulfills the goals and objectives held by this and previous Councils to bring high quality jobs to the City of Glendale. Upon a call for the question, the motion carried unanimously. 15. GLENDALE/101 (COYOTES) ARENA/MIXED-USE PROJECT DEVELOPMENT AGREEMENTS It was moved by Eggleston, and seconded by Goulet, to go into Executive Session, pursuant to A.R.S. 38-431.03, sub-paragraphs A.3 and A.4, in order to obtain legal advice and clarification from the City's attorneys regarding the agreements which the Council will be asked to consider in Agenda Item No. 15. The motion carried unanimously. The Council meeting adjourned to Executive Session at 7:50 p.m. The Council meeting reconvened at 9:00 p.m. Mr. Jim Colson, Economic Development Director, presented this request to enter into development agreements, and ancillary documents and agreements, with The Ellman Companies, affiliates and related parties for the development of a 223-acre mixed-use project that will contain at least 1.6 million square feet of retail development; a multi-purpose facility that meets or exceeds National Hockey League (NHL) standards; and substantial additional development including restaurants, Class-A office, entertainment and recreational uses, hotels and residential units. The development agreements establish the relationships, rights and obligations of the various parties as they pertain to the management use and lease of the arena, the development/construction of the arena, and the development of the mixed-use project. 15 The agreements ensure that the NHL Coyotes will play their home games in the multi- purpose facility for at least thirty full hockey seasons. The development agreements provide for the City to fund up to $180,000,000 for the construction of the multi-purpose facility. The $180,000,000 will consist of up to $30,000,000 in general obligation bond funding, which will be repaid through secondary property taxes and up to $150,000,000 in excise tax based funding, which will be repaid through revenue generated directly from the project. The Ellman Companies, affiliates, and related parties have provided certain financial guarantees to provide the City assurance that development will occur according to an agreed-upon development schedule. This project meets the City Council objective of establishing a high-quality, destination development that will create new jobs, significantly increase tax revenues, and deliver a diversity of retail, entertainment, and dining opportunities. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into development agreements with The Ellman Companies, affiliates, and related parties and declaring an emergency. Mr. Beasley explained that the Council has reviewed numerous documents, including the site plan and square footage and use agreement, legal obligations on both sides, a financial breakdown, and comparative analysis agreements. He reviewed dates of various citizen meetings held since the beginning of April 2001. Mr. Colson said, since April 11, 2001 they had spent a tremendous amount of time identifying and negotiating specific business and legal points and the agreements being presented to Council represent the results of those negotiations. He said they had also spent a great deal of time working with the neighborhoods to obtain input. Mr. Colson introduced members of the teams representing the City, The Ellman Companies and The Coyotes. Mr. Art Lynch, Finance Director, introduced members of the financial team. Mr. Colson stated that they had worked hard to assemble a team of the most qualified people to put together the best possible project. Mr. Patrick McGarry, President of Shamrock Sports, said, because the design of the project is in its early stages, the development agreement had to include mechanisms to ensure that public trust would be maintained and the City would get an arena that met its expectations. He said the agreement provides that the new arena will exceed every measure when compared to the America West Arena. He explained that the Coyotes arena will have more seats, all with a view to the floor; more suites, each on a private concourse; a club level with VIP amenities, better access for deliveries and concert setups, better acoustics and sound system, and video boards. He said they had also required that the arena be materially similar to the Nationwide Arena located in Columbus Ohio, which represents the latest in technology and sustainable design. He said the arena's marketability and location will ensure that it achieves economic growth. Mr. McGarry explained that locating eating and shopping experiences in the direct path of the critical mass created by the arena leverages the City's investment to its highest 16 level. He said the City has taken a very innovative approach to financing the arena. He explained that the parking revenues, team rent, and projected revenues from sales taxes will ensure that the City meets its obligation for debt. He stated that the parking surcharge will help ensure that the mixed-use development is successful and will prevent landowners from turning their land into surface parking lots for cash. He said, in his opinion, the citizens of Glendale should be proud of their elected officials and City staff for creating an economic model that he was certain would be copied by others. Mr. Grant Woods, an attorney with the law firm of Leonard, Clancy & McGovern, P.C., complimented City staff on their determination and perseverance. He said they had earned the respect of all parties involved. He expressed his opinion that the arena will serve as a catalyst to bring people from the East Valley to Glendale. He read three letters of congratulations addressed to the Mayor and City Council from Governor Jane Dee Hull; Mr. James Wires, Speaker of the House; and Gary Betman, Commissioner of the National Hockey League (NHL). Mr. Woods introduced Mr. Steve Ellman, Chairman and Chief Executive Officer of The Ellman Companies. He stated that Mr. Ellman was involved throughout the entire process and would be a great partner for the City and community. Mr. Steve Ellman said, since signing the memorandum of agreement on April 11, 2001, they have had the opportunity to work closely with City staff and outside consultants. He expressed his appreciation to all those involved in the process, particularly Mr. Ed Beasley, Mr. Jim Colson, Mr. Art Lynch, and Mr. Rick Flaaen. He introduced members of the team representing the Ellman Companies and thanked Mr. Woods for finding a new home for the Coyotes. He acknowledged the City Council. He stated that he valued the Council's support and dedication to the City's economic growth and development. He singled out Mayor Scruggs as the person who ultimately deserves credit for the project. He stated that she had demonstrated fabulous leadership. He said the project will generate hundreds of millions of dollars for the City and thousands of jobs for its citizens. He said the Coyotes are committed to winning the Stanley Cup and The Ellman Companies are committed to building the urban village envisioned by the City. Mr. Jerry Moyes stated that he moved to Glendale 35 years ago and had never seen as much excitement in the West Valley as has been exhibited about this project. He pointed out the fact that the players themselves will be an asset to the community. Mr. Shawn Hunter, President of the Phoenix Coyotes, spoke on behalf of the players, coaches, and management. He said they were proud to call Glendale home. He stated that the City will be proud of the team, both on and off the ice. Mr. Wayne Gretzky, Managing Partner in Charge of Hockey Operations of the Phoenix Coyotes, stated that they have tremendous athletes and people are coming to realize how great the game of hockey is. He stressed the importance of members of the community taking an interest in professional sports. He gave credit for the opportunity to come to Glendale to Mr. Steve Ellman and Mr. Jerry Moyes. 17 Mr. Tim Wright, Senior Vice President - Real Estate Operations of the Ellman Companies, stated that they were on the verge of a development that will cause people in the East Valley to come to the West Valley. He said they started conducting citizen participation meetings immediately following the submittal of their PAD application. He said the meetings were well attended, both by Councilmembers and by citizens of Glendale. He stated that they received good input and tried to implement it into their plans for the property. He said, since acquiring the development rights to the southeast corner of the property and in response to citizen comments, they had brought 93rd Avenue to the south property line. He stated that they would conduct additional citizen participation meetings to elicit responses to the new site plan and would further refine the development to meet the City's needs. He explained that the project will have a variety of uses, first-class restaurant sites, a hotel site, a power center component, a neighborhood center component, and a number of specialty and entertainment type uses. He stated that development will occur in a manner that meets the growing needs of the West Valley and will provide a reason for people throughout the Valley to come to the west side. Mr. Jay Ruffner, an attorney with the law firm of Fennemore Craig, acknowledged the efforts of the parties involved. He said the legal documents include an Arena Management, Use and Lease Agreement, an Arena Development Agreement, a Mixed Use Development Agreement, a Team Guarantee and a Safety and Security Agreement. Mr. Bill Eggleston, an attorney with Fennemore Craig, explained that the Arena Management, Use and Lease Agreement provides for the management and operation of the arena facility and for the Coyotes to play in the facility for the 30 years. He stated that the parties to this agreement include the City, the Arena Manager, two development entities, and the team. He said the term of the agreement is 30 years, with up to three renewal periods. He said, while no shortfalls were anticipated, an order of payment of operating expense shortfalls had been identified. He rioted that any shortfall would be guaranteed by the team, the Arena Sub-Manager, and two of the development entities. He noted that the team had also agreed to post a $1 million operating reserve account. He reviewed specific details of cash flows to the City and the rights and obligations to all parties of the agreement. He explained that the arena management's rights include the right to receive a management fee in the amount of $125,000 per quarter, plus 1.5% of operating revenues. He noted that the management fee would not be paid anytime operating expenses were not current or when the team had not made the required renewal and replacement contribution. He said the Arena manager is generally obligated to do everything necessary to prepare the arena for opening and to operate the agreement during the term. He stated that the arena management has to maintain the arena in at least the quality of America West Arena and comply with all legal and NHL requirements. Mr. Eggleston said the team's rights include the right to receive exclusive revenues, including those related to hockey events, advertising, naming rights, and suite licenses. He said they have the right to control concessions, advertising, naming 18 rights and broadcasts, except the Manager has the ability to engage in two licenses per year that otherwise would violate any exclusive advertising rights the team may have granted to its advertisers. He said the team controls the suites and premium seats. He stated that the team is obligated to play its games in Glendale for 30 years and, if it fails to do so, the City is entitled to seek an injunction or, if unable to seek an injunction, it would be entitled to significant liquidated damages. Mr. Eggleston stated the City's rights include one suite for all events and use of the arena for up to four events per year that would otherwise be considered competing or feature events. He said the City also has the right to use the arena for an unlimited number of charitable, non-profit events. He stated that the City has an obligation to impose taxes uniformly and not to participate in a competing facility. Mr. Ron Ballard, an attorney with Fennemore Craig, explained that the development agreement governs the actual development of the arena project itself. He said the parties to the Development Agreement are the City of Glendale, Arena Development, LLC referred to as "The Arena Developer" and Coyote Center Development, LLC, referred to as "The Entertainment Developer." He stated that the City of Glendale will own the arena, the parking, and certain infrastructure and other public improvements. He said the land is to be acquired at the Entertainment Developer's cost. Therefore, there is no profit built into the land acquisition. He said the design of the arena must comply with NHL requirements and applicable law and must meet or exceed the quality of America West Arena and be substantially similar in quality and design to the Nationwide Arena in Columbus, Ohio. He explained that the development agreement contains provisions for the selection of a Construction Manager who will supervise construction of the project and be responsible for cost overruns. He stated that the City is to contribute up to $180 million, with $30 million financed by General Obligation Bonds and $150 million financed through other bonds and financial obligations. He said the Arena Developer is required to contribute any construction costs in excess of the $180 million. He noted that the Arena Development funds are only authorized for distribution pursuant to a budget approved by the parties. He said the City is to pay the cost of consultants, advisors and certain bond issuances, while the Arena Developer is to pay its development fee and pre-opening expenses. Mr. Jay Ruffner stated that the Mixed Use Development Agreement is between the City and two Ellman development companies for the development of the remainder of the site not occupied by the arena, the arena parking, and public infrastructure. He explained that its purpose was to provide for the private commercial development of the property. He said the entire site will be purchased by the Entertainment Developer, who will then transfer the land for the arena, parking, and public improvements to the City. He said approvals for the commercial development of the site is subject to all applicable laws and procedures that the City has in place and will include entertainment, retail, office, hotel, residential, and parking uses, as well as private infrastructure. He stated that the agreement provides for future conveyances of the arena parking land in exchange for replacement parking in anticipation that the flat arena parking may have a higher and better use for development. He said the 19 agreement sets forth a schedule for certain development minimums and for cross- easements with respect to use of arena and private parking. He noted that any disputes under the agreement would be subject to arbitration. Mr. Ruffner reviewed the Team Guarantee. He explained that it is provided by The Coyotes Hockey Limited Liability Company, the NHL, and the owner of the NHL Franchise and is intended to provide the City with assurances that the minimum development set forth in the Mixed Use Development Agreement is constructed. He stated that, if the minimum development is constructed, the team has no guarantee; however, if the minimum development is not constructed or the development does not generate the minimum taxes set forth in Schedule A, the team would guarantee the difference between the qualified tax revenues reported and the target set forth in the Team Guarantee, up to a maximum liability for 13 years. Mr. Ruffner stated that the agreements cover all aspects of putting together a project of this size and complexity. He acknowledged that all agreements contain an element of risk. He stated that, in their view, the City's interests are very well protected. Mr. Lynch reviewed the financing concepts and debt structure of the project. He said they had tried to take a conservative approach to financing, looking at the strong retail development opportunities. He explained that the bond financing component of this project includes a General Obligation Bond, which would be paid back through property tax revenues, and a Municipal Property Corporation Financing, which is an excise tax guarantee for the bonds. He identified three major components that the City is involved in constructing: the arena, the infrastructure and parking. He said the City would be responsible for paying debt service with any money above and beyond costs coming to the City as a tax revenue. He said the generation of revenue for dedicated purposes will also benefit the citizens in the area of transit and public safety. Mr. Lynch commented on the changing economy. He stated that they had tried to assume a zero percent growth rate in revenue bases for the City over the 30 year period. He said the bottom line was that the construction obligation for the City would remain $180 million, debt service costs would remain approximately the same, and excess revenue would total approximately $103 million. He said they envisioned $475 million in excess revenue should the economy improve and everything go according to plan. Mr. Colson noted that Representative Robert Wendun, the House Majority Whip, came to the meeting in support of the arena, but had to leave. Mr. Colson introduced Representative Roberta Voss, District 19. Representative Roberta Voss acknowledged the outstanding job done by the Mayor and City Council. She stated that the Coyotes Sports Complex will be incredible for Glendale and the entire West Valley. 20 Mr. Colson noted that a Safety and Security Agreement is part of the Arena Management and Use Agreement. He explained that it provides that the cost for salaries and administration for police and fire will be covered and that they will work with the City's Police and Fire Departments to provide security in and outside the arena. The recommendation was (1) to waive reading beyond the title; (2) for Council to amend Section 2 of the resolution to include the requirement that all agreements include the terms of the letter dated November 27, 2001 to Mr. Ed Beasley, the Assistant City Manager, from Mr. Steve Ellman as Chairman and Chief Executive Officer of The Coyotes Hockey, LLC; Arena Development, LLC; Arena Management Group, LLC; Coyotes Center Development, LLC; and Glendale-101 Development, LLC; (3) for Council to adopt the resolution, as amended, authorizing the City Manager to enter into the Arena Development Agreement, the Mixed Use Development Agreement, the Arena Management, Use and Lease Agreement and ancillary and necessary agreements thereto; and (4) for Council to declare an emergency so the resolution becomes effective immediately. Mayor Scruggs opened the issue for public comment. L. Mickey Lund, a resident of the City of Glendale Barrel District, thanked the Council for bringing an exciting development to Glendale that will increase the City's tax base. Mr. Joseph Butter, a resident of the City of Glendale Cactus District, said the Coyotes are a great franchise. He asked if taxes would be increased as a result of the development. Ms. Danya Butter, a resident of the City of Glendale Cactus District, said that, although she was happy that the Coyotes were coming to Glendale, she did not want to pay the costs. She asked if the City would need to borrow money from its citizens. She said she would not agree with an increase in taxes. Mr. Tim Weaver, a resident of the City of Glendale Cholla District, congratulated the Council on the Bechtel Company moving to Glendale. He said the Coyotes deal, which was agreed to without the benefit of a public vote, would cost the City $180 million. He pointed out the fact that the City gave Mr. Ellman and his company naming rights. He expressed his opinion that the resolution does not qualify as an emergency. He said the emergency clause is a means for the City to avoid a potential referendum. He asked the Council to vote "no" on the issue and bring it before the public for a vote. Mr. Bob Bohart, a resident of the City of Glendale Ocotillo District, said this development was a good catalyst for the West Valley. He thanked the Mayor, the Council, city staff and The Ellman Companies for bringing the Coyotes to Glendale. Mr. Rick DeStephens, a resident of the City of Glendale, spoke in opposition. He said the City was using tax money to support rich business owners. 21 Mr. Tom Traw, a resident of the City of Glendale Yucca District, stated that he was excited about the project. He said he believed it would be pivotal to development in the West Valley. Mr. Tom Cramer, a resident of the City of Glendale Cholla District, voiced his support of the project. He stated, however, that the City should negotiate further with regard to the naming rights. Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District and a business owner in the Barrel District, submitted a public hearing speaker's card in support of the project; however, she chose not to address the Council. Mayor Scruggs closed the issue to public comment. Resolution No. 3520 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 EXECUTION AND DELIVERY OF THREE SEPARATE DEVELOPMENT AGREEMENTS WITH THE COYOTE CENTER DEVELOPMENT, LLC, THE GLENDALE-101 DEVELOPMENT, LLC, THE ARENA DEVELOPMENT, LLC, THE COYOTES HOCKEY, LLC, AND THE ARENA MANAGEMENT GROUP, LLC, FOR A MULTI-PURPOSE ARENA DEVELOPMENT AND MIXED-USE RETAIL; DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED; DIRECTING THE REIMBURSEMENT OF EXPENDITURES FROM BOND PROCEEDS AND AUTHORIZING THE FINANCE DIRECTOR TO FILE ALL REQUIRED AND NECESSARY DOCUMENTS THEREFORE; AND DECLARING AN EMERGENCY. It was moved by Clark, and seconded by Goulet, to amend Section 2 of Resolution No. 3520 New Series by adding the following language: "That the agreements are approved as they stand on this date with the inclusion in all of the agreements the terms of the letter dated November 27, 2001 to Assistant City Manager, Ed Beasley, from Steve Ellman as Chairman and Chief Executive Officer of the following companies: The Coyotes Hockey, LLC; The Arena Development, LLC; The Arena Management Group, LLC; The Coyotes Center Development, LLC; and The Glendale-101 Development, LLC". Councilmember Lieberman said he had read every line of the agreements and came up with numerous questions throughout the process. He stated that the legal staff on both sides were superb and they had addressed all of his concerns. He said he would support the project and was happy to welcome the Coyotes to Glendale. He thanked everyone for their efforts. He noted that a number of concessions were made by both sides. Councilmember Clark stated that she, too, supported the agreements. She thanked staff, Mr. Jay Ruffner, and Mr. Tom Hocking. She said each side had made concessions during the seven and a half months it took to finalize the agreements, but, 22 in the end, they created an agreement that serves the best interest of the citizens of Glendale. She said all of the Councilmembers had conducted careful, thoughtful deliberation and had not taken entering into the agreements lightly. She welcomed Mr. Steve Ellman, Mr. Shawn Hunter, Mr. Wayne Gretzky, and Mr. Tim Wright. She said she was pleased and proud to have them as the newest members of the community. Councilmember Goulet said the process had been long and slow. He stated that it was difficult to grasp the concept of vision when dealing with public policy. He said the revitalization of Manistee Town Center would help turn that part of the community around. He thanked Mr. Grant Woods, attorney with the law firm of Leonard, Clancy & McGovern, P.C.; Mr. Steve Ellman; Mr. Shawn Hunter; and Mr. Wayne Gretzky, as well as all of the attorneys and consultants involved in developing the agreements. He stated that he also had the highest regard for City staff. Councilmember Martinez said this vote will be the most important he has made since joining the Council. He said the Council had spent innumerable hours going over documents and asking questions and staff spent hundreds of hours in negotiations. He stated that the agreement would benefit the citizens of Glendale for many years to come. He said the redevelopment of Manistee Town Center was a pivotal part of the deal. Councilmember Frate complimented City staff and the Coyotes for their collaborative efforts. He said everyone brought something to the discussions and worked together to create an agreement that would benefit the City of Glendale. Vice Mayor Eggleston supported the comments made by his colleagues. Mayor Scruggs thanked City staff, the consultants, the attorneys, and her colleagues. She said their patience, perseverance and dedication helped get them to this point. She stressed the fact that a property tax increase was never contemplated. Upon a call for the question, the motion carried unanimously. It was moved by Clark, and seconded by Frate, to pass, adopt and approve Resolution No. 3520 New Series, as amended. The motion carried unanimously. BOARDS AND COMMISSIONS 15. BOARDS AND COMMISSIONS An appointment is to be made to the following Commission that has a vacancy or expired term. 23 Effective Term Date Expires Commission on Persons with Disabilities Foster, Charles W. (Cactus) Appointment 11/27/2001 02/27/2003 The recommendation was to make an appointment to the Commission on Persons with Disabilities. It was moved by Martinez, and seconded by Goulet, to appoint Charles W. Foster to the Commission on Persons with Disabilities, for the term commencing November 27, 2001 and expiring on February 27, 2003. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to hold a Special City Council Budget Goal Setting Workshop at 7:30 a.m. on Friday, November 30, 2001 at the Glendale Civic Center, followed by an executive session, pursuant to ARS 38-431.03; to vacate the regularly scheduled City Council Workshop on December 4, 2001; and to hold a City Council Workshop at 1:30 p.m. on Tuesday, December 11, 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 Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District, stated that she had previously spoken about the Manistee Town Center and asked that consideration be given to tenant responsibility. She said no tenants have been identified, but all need to be accountable to the citizens of Glendale. She denied all comments that her statements were "anti-Wal-Mart". She stated that the Glendale Citizens for Responsible Development had not singled out any one business and were only asking for quality development of the site. She said she believed The Ellman Companies would build a positive, quality development. She congratulated the City Council on the outstanding agreements. Ms. Debra Kist, a resident of the a City of Glendale Barrel District, congratulated the City Council and welcomed the Coyotes to Glendale. She suggested that the City add stipulations to the zoning, which restrict 24-hour operations, limit delivery hours, and prohibit outside storage and overnight parking in an effort to protect the surrounding neighborhood. She also suggested the inclusion of a small sub-station for the Police Department. 24 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet noted that a community meeting regarding the Manistee Town Center would be held at the Adult Center on Wednesday night, November 21St He said a third meeting had been scheduled for November 29tn at Glendale American Elementary School. He encouraged everyone who was interested to attend the meetings. He thanked John and Virginia Flores for their work on the Ocotillo/Rose Neighborhood Association grant. Councilmember Frate acknowledged the significance of the Federated Insurance Agency agreement which was approved tonight. ADJOURNMENT There being no further business, the meeting was adjourned at 10:55 p.m. .� Pameiveira - C eterk 25