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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/8/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JANUARY 8, 2002, 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 Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the nine resolutions and four ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE DECEMBER 11 2001 COUNCIL MEETING It was moved by Goulet and seconded by Frate, to dispense with the reading of the minutes of the special Council meeting held on December 11, 2001, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATION CITY S.A.F.E PROCLAMATION The Federal Emergency Management Agency named the City of Glendale Project Impact City for the year 2000. Project Impact assists cities in becoming pro- active in preparing for natural and man-made disasters. The Glendale Fire Department, the City of Glendale Community Services Group, and the City of Glendale Mayor's Office have developed an exciting new public education campaign to address urban disasters and home safety by the name of City S.A.F.E. — Survival And Family Education. From January through July of 2002, each of the seven Glendale Fire Stations will be hosting an open house breakfast for neighborhoods and businesses to attend to learn about preparing for disasters and emergencies should they occur. Mayor Scruggs proclaimed January 2002 as City S.A.F.E. Month and presented the proclamation to Mr. Tom Shannon, Glendale Fire Department Special Operations, HazMat and PIO Battalion Chief. 1 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 and 4 by number and title. Councilmember Clark requested that Agenda Item No. 7 be heard separately. 1. PROFESSIONAL SERVICES AGREEMENT FOR THE RENOVATION OF THE OCOTILLO COMMUNITY CENTER This was a request for City Council approval of a professional services agreement with The Phoenix-New York Company in an amount not to exceed $69,200 for the development of plans and specifications, along with construction services for the renovation and expansion of the Ocotillo Community Center located at 54th Avenue and Ocotillo Road. Several firms were originally solicited in February of 2000 to execute a feasibility study for renovations to the Ocotillo Center. Representatives from the Engineering and Parks and Recreation Departments participated in the process. Community Development Block Grant (CDBG) funds were used to conduct the feasibility study. The City has provided services at the center since August of 1999. Presently 150 neighborhood residents participate in a number of daily programs. The existing 3,700 square foot facility is inadequate to meet the needs of the community. Four public meetings were conducted to gather input for the feasibility study. The feasibility study will serve as the plan for the development of renovation and expansion construction plans. This item was discussed at the Parks and Recreation Commission meeting held on November 19, 2001 and the Commission voted unanimously to approve the plan. Funds for this project are available in Glendale Community Center Account Number 36-8027-8330. The recommendation was to approve the professional services agreement with The Phoenix-New York Company in an amount not to exceed $69,200. 2. AWARD OF CONSTRUCTION CONTRACT — THUNDERBIRD PARK VIEWING BLIND II This was a request for Council approval of a construction contract with Anncole Contracting Corporation in the amount of $89,304 for the construction of three wildlife viewing blinds at the north side of the sedimentation basin at Thunderbird Park. The City constructed a handicapped accessible viewing blind on the west edge of the basin a year ago as the first phase of these improvements. The City received six bids for this project on November 1, 2001 , with Anncole Contracting Corporation submitting the low bid of $89,304. This project is partly funded through an Arizona Game and Fish Department grant in the amount of $51,108 and $13,000 from the Grants Administration Matching Fund, for a total of $64,108. Funds in the amount of $25,196 need to be transferred from Parks Enhancement Account Number 36-8517-8300 to Three Wildlife Viewing Areas Project Account Number 47-9618-7999. The recommendation was to approve the transfer of funds and award the construction contract to Anncole Contracting Corporation in the amount of $89,304. 3. FALL 2001 NEIGHBORHOOD IMPROVEMENT GRANT REQUESTS As part of the City Council's commitment to revitalizing older neighborhoods, the Mayor and Council established the Glendale Citizens' Advisory Commission on Neighborhoods to make recommendations on neighborhood enhancement and revitalization projects. For the Fiscal Year 2001-02, approximately $700,000 in general fund money has been set aside for such projects. Of this amount, approximately $350,000 has been made available to neighborhoods for the Fall 2001 funding cycle. The Commission on Neighborhoods recently concluded a two month review process of five neighborhood grant requests, and recommended four of them for approval (each of the approved grants include a contingency): 1. Sweetwater Estates Neighborhood (wall and landscaping) - $195,387.50 to fund the construction of an 8-foot wall and landscaping along 59th Avenue from just south of the canal to Sweetwater Avenue. The neighborhood pledged $3,041 in sweat equity, $1,658 in non-project sweat equity, $2,180 in donated items, and $890 in a cash match to this project. 2. Glencroft Residents' Association - $59,317 to fund landscaping and irrigation improvements along the east side of 67th Avenue, running the length of the Glencroft facility. The grant request also includes installing neighborhood identification signage on the corners of Alice Avenue and Butler Drive on 67th Avenue. The neighborhood pledged $4,790 in sweat equity and $1,125 in donated items to this project. 3. Covenant Neighborhood Association — $48,527.43 to install sidewalk, curb and gutter along the south side of Alice Avenue, just west of 59th Avenue. The project also includes landscaping and irrigation along 59th Avenue, just south and north of Alice Avenue. The neighborhood pledged $1,658.88 in sweat equity and $600 in donated items to this project. 3 4. Friends and Neighbors of Montara Park — $93,181 .49 to fund the installation of new playground equipment and ramada within Montara Park. The neighborhood pledged $1,382.40 in sweat equity to this project. The total requested, with contingencies factored, amounts to $396,413.11. Because of project savings from previously approved projects, and remaining funds from the Spring 2001 grants cycle, approximately $429,011.35 in funds are available for the Fall 2001 neighborhood grant requests. Funds for the Fall 2001 neighborhood grant recommendations are available in Account Number 01-8968-8330 (Neighborhood Projects). This item was reviewed by the Mayor and Council at the December 11, 2001 City Council Workshop. The recommendation was to approve the Fall 2001 neighborhood improvement grants as recommended by the Glendale Citizens' Advisory Commission on Neighborhoods. 4. AWARD OF A COOPERATIVE PURCHASING AGREEMENT WITH IBM CORPORATION The City has been evaluating the benefit of having a contract with the Western States Contracting Alliance (WSCA). The WSCA was formed by State purchasing directors with the purpose of establishing a means by which participating states could join together in cooperative multi-state contracting in order to achieve cost effective and efficient acquisition of quality products and services. WSCA membership now has 23 states participating, including the State of Arizona. As with the other cooperative purchase programs the City participates in, the intent is to use the leverage of volumes to obtain the best price. This agreement will allow the City to purchase higher performance personal computers and related computer hardware at a price comparable to the previous State contract. The states of New Mexico, Colorado, Utah, and Nevada issued a cooperative competitive procurement on behalf of the WSCA participating states and their political subdivisions. The contract contains provisions requiring the awarded vendor to supply the product or service to WSCA members at the same price, terms, and conditions. Public agencies participate by executing a "participation addendum" with the selected vendor. There is no fee for participating. The City of Glendale would like to enter into an agreement for personal computers with the IBM Corporation, based on a master agreement with the IBM Corporation established by WSCA. Because of the volume of orders associated with the WSCA, the discount on the award is much greater than what the City could obtain by bidding separately. The "participation addendum" is not an exclusive agreement, and the City may purchase personal computers from other vendors at its discretion. The initial term of the agreement expires on September 2, 2002, with two additional one-year extension options. Funding for the personal computers is available in the computer replacement fund, Account Number 42-2335-8400. 4 The recommendation was to enter into a cooperative purchase agreement with the IBM Corporation for personal computers and computer related equipment in an amount not to exceed $400,000 annually. CONSENT RESOLUTIONS 5. CRICKET - LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE AT 7987 N. 53RD AVENUE Cricket Arizona Property, a Delaware corporation ("Cricket") has requested a license from the City for the construction and operation of wireless communications facilities that will be part of Cricket's Valley-wide wireless communications system. The proposed site for Cricket's facilities are located in front of Manistee Manor located at 7987 North 53rd Avenue. The approval of this license is consistent with the City's policy of encouraging wireless communications providers to co-locate their facilities on existing poles (or on poles that will replace existing poles) instead of constructing new monopoles for antennas. As a part of the wireless site, Salt River Project (S.R.P.) will replace one of its existing wooden utility poles with a new metal pole, on which Cricket will attach its antennas. The existing S.R.P. pole is located in the right-of-way between Northern Avenue and Manistee Manor, as will be the replacement pole. Cricket will place its ground equipment for the wireless site behind an existing wall on Manistee Manor's property that will not be visible to the public. Cricket will need only administrative approval from the City to comply with the zoning requirements for the wireless site, because Cricket will be replacing an existing pole for its antennas. The effective date of the proposed agreement will be January 9, 2002 and the agreement will expire on January 8, 2012. However, either party may terminate the agreement without cause at any time after the first year of the agreement by giving the other party one year's advance notice of such termination. Cricket will pay rent in the amount of $900 per month, with an annual inflation adjustment, for its use of the right- of-way. In 1999, the City Council approved two license agreements with VoiceStream Wireless, formerly known as Western Wireless. In those agreements, the City granted VoiceStream the right to attach its antennas on two existing utility poles located in the right-of-way (one pole is owned by A.P.S. located at 5410 West Union Hills and the other pole is owned by S.R.P. located at 6510 West Cactus Road). In 2000, the City Council approved license agreements with AT&T Wireless and Qwest Wireless. In those agreements, the City granted AT&T Wireless and Qwest Wireless the right to attach their antennas for wireless sites on existing utility poles located in the right-of-way. Both of the poles are owned by A.P.S. and both licenses were granted at 5901 West Greenbriar Drive. 5 The terms of the proposed agreement with Cricket are essentially the same as the terms with the above-mentioned wireless providers, including the provisions concerning rent, construction requirements, insurance, indemnification and performance bonds. The Planning, Engineering, Finance, and Risk Management Departments, and the City Attorney's Office have approved this site and/or the contents of the agreement. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a license agreement for a Wireless Communications Site in the City right-of-way with Cricket Arizona Property. Resolution No. 3522 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 CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE IN CITY RIGHT-OF-WAY AT 7987 NORTH 53RD AVENUE. 6. CRICKET - LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE AT 5901 W. BELL ROAD Cricket Arizona Property, a Delaware corporation ("Cricket") has requested a license from the City for the construction and operation of wireless communications facilities that will be part of Cricket's valley-wide wireless communications system. The proposed site for Cricket's facilities are located in front of the car wash located at 5901 West Bell Road. The approval of this license is consistent with the City's policy of encouraging wireless communications providers to co-locate their facilities on existing poles (or on poles that will replace existing poles) instead of constructing new monopoles for antennas. As a part of the wireless site, Arizona Public Service (A.P.S.) will replace one of its existing metal utility poles with a new metal pole, on which Cricket will attach its antennas. The existing A.P.S. pole is located in the right-of-way between Bell Road and the car wash, as will be the replacement pole. Cricket will place its ground equipment for the wireless site private property that will be enclosed by a wall and surrounded by landscaping. Cricket will need only administrative approval from the City to comply with the zoning requirements for the wireless site, because Cricket will be replacing an existing pole for its antennas. The effective date of the proposed agreement will be January 9, 2002 and the agreement will expire on January 8, 2012. However, either party may terminate the agreement without cause at any time after the first year of the agreement by giving the other party one year's advance notice of such termination. Cricket will pay rent in the amount of $900 per month, with an annual inflation adjustment, for its use of the right- of-way. 6 In 1999, the City Council approved two license agreements with VoiceStream Wireless, formerly known as Western Wireless. In those agreements, the City granted VoiceStream the right to attach its antennas on two existing utility poles located in the right-of-way (one pole is owned by A.P.S. located at 5410 West Union Hills and the other pole is owned by S.R.P. located at 6510 West Cactus Road). In 2000, the City Council approved license agreements with AT&T Wireless and Qwest Wireless. In those agreements, the City granted AT&T Wireless and Qwest Wireless the right to attach their antennas for two wireless sites on two existing utility poles located in the right-of-way. Both of the poles are owned by A.P.S. and both licenses were granted at 5901 West Greenbriar Drive. The terms of the proposed agreement with Cricket are essentially the same as the terms with the above mentioned wireless providers, including the provisions concerning rent, construction requirements, insurance, indemnification and performance bonds. The Planning, Engineering, Finance, and Risk Management Departments, and the City Attorney's Office have approved this site and/or the contents of the agreement. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a license agreement for a Wireless Communications Site in the City right-of-way with Cricket Arizona Property. Resolution No. 3523 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 CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE IN CITY RIGHT-OF-WAY AT 5901 WEST BELL ROAD. 8. PHOENIX POLICE DEPARTMENT SKY HARBOR AIRPORT SECURITY AGREEMENT Due to the increased security risks at Sky Harbor Airport, the Phoenix Police Department requested assistance from Valley police departments to provide additional law enforcement presence at the Airport. The Phoenix Police Department will reimburse participating agencies the cost for personnel assigned full-time to airport security. The Glendale Police Department agreed to provide three certified officers to this detail. It was determined that it would not significantly affect police services to the City of Glendale by assisting Phoenix Police Department with three officers for the period of October 1, 2001 through December 31, 2001. Because the Phoenix Police Department requested an immediate response and placement of officers in a timely manner due to the September 11, 2001 terrorist attack, a Memorandum of Understanding was signed 7 in October of 2001 to assist then City of Phoenix with the Sky Harbor security detail. To receive the salary reimbursement, an Intergovernmental Agreement is now necessary. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the City of Phoenix Police Department to assign three officers to the Sky Harbor Airport Security detail. Resolution No. 3525 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 ASSIGNING THREE OFFICERS TO THE SKY HARBOR AIRPORT SECURITY DETAIL. 9. HIGH SCHOOL RESOURCE OFFICER — GLENDALE UNION HIGH SCHOOL DISTRICT The Glendale Police Department and the Glendale Union High School District, on behalf of Apollo High School, have drafted a contract initiating the assignment of one officer to the high school during the current school year. The assigned officer participates in educational programs that help students deal successfully with peer pressure, child abuse, gangs, and related areas. The officer also investigates cases of school-related criminal activities and assists school administrators in addressing these matters. The officer will work on campus while school is in session. During the summer and other recognized breaks, the officer will complete duties as assigned by the Police Department. This type of partnership helps to continue the Police Department's educational efforts in local schools, while increasing police visibility and presence in the community at a lower cost with no decrease in other service levels. Under this agreement, the School District will pay the City $12,204. The remaining portion of the salary is paid by the Community Oriented Policing Services (C.O.P.S.) in Schools Grant. This is the first year of a three-year grant. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the Glendale Union High School District for the assignment of a police officer at Apollo High School. Resolution No. 3526 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE GLENDALE UNION SCHOOL DISTRICT FOR THE ASSIGNMENT OF ONE POLICE OFFICER AT APOLLO HIGH SCHOOL TO AID IN REDUCING CRIME ON THE SCHOOL CAMPUS THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT. 8 10. SECTION 457 DEFERRED COMPENSATION PLAN CHANGES The City provides employees with the opportunity to participate in an Internal Revenue Code Section 457 Deferred Compensation Plan. Two companies, ICMA Retirement Corporation (ICMA-RC) and Nationwide Retirement Solutions (formerly PEBSCO), administer individual participant accounts. Employees may choose either of the two providers through meeting with on-site representatives. Contributions are made through payroll deduction from the employee's budgeted wages. The two companies pay their cost of administering individual accounts through fees charged to the participants. The City is not charged for their services. The federal Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) passed in the summer of 2001 can result in many positive changes for deferred compensation participants. While certain tax relief measures took effect immediately, those pertaining to Section 457 plans took effect on January 1, 2002 to the extent that the new features are not prohibited by an employer's Plan document or State law. Major categories of new features include portability between 457 plans and private sector 401(k) or educational institution 403(b) plans, higher contribution limits including new "catch up" provisions, and more flexible asset distribution rules. While the current Plan document may include flexibility for participants to take advantage of the new features, both ICMA-RC and Nationwide ask that the City adopt their national standard Plan documents to best ensure compliance with EGTRRA. Since each company proposed its own Plan document to cover employees who choose to participate through that provider, staff proposes that the City adopt both proposals within a single Plan document. Participants will be subject to that portion of the document pertaining to their provider. The recommendation was to waive reading beyond title, and adopt a resolution that repeals Resolution No. 3251 and amends and incorporates the Deferred Compensation Plan document for the City of Glendale as administered by ICMA Retirement Corporation and Nationwide Retirement Solutions (PEBSCO). Resolution No. 3527 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REPEALING RESOLUTION NO. 3251 AND ADOPTING A NEW DEFERRED COMPENSATION PLAN DOCUMENT FOR THE CITY OF GLENDALE AS ADMINISTERED BY ICMA RETIREMENT CORPORATION AND NATIONWIDE RETIREMENT SOLUTIONS (PEBSCO). 9 11 . ACCEPTANCE OF STATE GRANT FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE RUNWAY EXPANSION PROJECT The Arizona Department of Transportation, Aeronautics Division, has awarded a grant to the City of Glendale for the State's matching share of Federal Grant No. 13, which was previously accepted by the City of Glendale in the amount of $4,623,480. Federal Grant No. 13 is for lengthening the runway and taxiway an additional 1,800 feet, along with widening the runway 25 feet. The State will provide 4.47% ($226,960) of the cost, with the City share also being 4.47% ($226,960). The City's matching share for Grant No. 13 will be available in the City's Capital Plan Fund 34. The recommendation was to waive reading beyond title and adopt a resolution accepting the grant offered by the Arizona Department of Transportation Resolution No. 3528 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION, AERONAUTICS DIVISION, FOR USE AT THE GLENDALE MUNICIPAL AIRPORT FOR CURRENT RUNWAY EXPANSION. 12. ACCEPTANCE OF A $250,000 PUBLIC HOUSING RESIDENT SELF- SUFFICIENCY SUFFICIENCY (ROSS) GRANT The City has been notified that its application for a $250,000 public housing Resident Self-Sufficiency (ROSS) grant has been approved by the U.S. Department of Housing and Urban Development (HUD). The ROSS grant is designed to encourage self-sufficiency among public housing residents and will be used to develop and administer a 36-month program in the rental communities that will run from 2002 to 2004. A self-sufficiency program will provide families the opportunity for education, job training, counseling and other forms of assistance so they may obtain suitable employment and the life skills necessary to achieve self-sufficiency. The goal is for public housing residents to eventually become welfare-free. A previous self-sufficiency program provided opportunities for over 41% of the public housing residents. When homebuyer education was offered, 19 residents participated, and a single mother was able to leave housing assistance and purchase her own home. Upon approval, a Request for Proposal will be issued to find a contract service vendor to bring on-site services to the public housing residents. The recommendation was to waive reading beyond the title and approve a resolution accepting the $250,000 Public Housing Resident Opportunities for Self- Sufficiency (ROSS) grant to be used to provide a self-sufficiency program for the public housing residents. 10 Resolution No. 3529 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A $250,000 RESIDENT OPPORTUNITIES FOR SELF-SUFFICIENCY (ROSS) GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) TO BE USED FOR A 36-MONTH RESIDENT SELF-SUFFICIENCY PROGRAM IN PUBLIC HOUSING. 13. APPROVAL OF INTERGOVERNMENTAL AGREEMENT W ITH THE ARIZONA .---. .---..._ DEPARTMENT OF TRANSPORTATION (ADOT) FOR INTERSECTION IMPROVEMENTS AT 67TH AVENUE AND LOOP 101 FREEWAY INTERCHANGE This was a request for approval of an intergovernmental agreement with the Arizona Department of Transportation (ADOT) to construct intersection improvements at the intersection of 67th Avenue and Loop 101, Agua Fria Freeway. The intersection improvements include the construction of an additional left turn lane that will provide dual left turn lanes for southbound traffic on 67th Avenue to turn eastbound onto the Loop 101 Freeway. The project also includes the construction of an auxiliary lane for eastbound Loop 101 Freeway between 67th and 59th Avenues. This new auxiliary lane will facilitate the addition of the new left turn lane being constructed on 67m Avenue. Construction plans for this project are complete and the project contract bidding process is pending the finalization of utility and environmental approval required by ADOT. Construction of these improvements will help alleviate traffic congestion at this intersection, improve traffic safety, and improve air quality. The estimated construction project cost is $504,621. The majority of construction cost is funded by ADOT and estimated at $312,.018. The City's portion of the project construction cost is estimated at $192,603 with funds available from Transportation Department's Intersection Improvement Account Number 12-8567-7300. The consultant's total estimated design cost of this project is $81,580, which is being paid by the City of Glendale. ADOT will reimburse the City of Glendale the estimated $56,750.00 cost, which is ADOT's portion of the design. The City of Glendale's portion of the design cost is fixed at, $24,830. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign any and all documentation relating to this request. 11 Resolution No. 3530 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT 67TH AVENUE AND LOOP 101 FREEWAY INTERCHANGE. Ms. Debbie Lesko, a resident of the City of Glendale Sahuaro District, thanked the Councilmembers for their consideration of the Sweetwater Estates Neighborhood grant. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said it appeared that the Councilmembers were taking an active role in their neighborhoods. He expressed his opinion that the neighborhood improvement grants will have a positive impact on crime rates. He agreed with the Council's decision to assign a police officer at Apollo High School. He commended the Council for being proactive in their efforts to assist people in becoming self-sufficient. Mr. Clark also voiced his support of the runway expansion. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 6 and 8 through 13, including the approval and adoption of Resolution No. 3522 New Series, Resolution No. 3523 New Series, Resolution No. 3525 New Series, Resolution No. 3526 New Series, Resolution No. 3527 New Series, Resolution No. 3528 New Series, Resolution No. 3529 New Series, and Resolution No. 3530 New Series. Councilmember Martinez thanked Mr. Jim Book, the City's Transportation Director, for the intersection improvements planned at 67th Avenue and the Loop 101 freeway interchange. Councilmember Goulet thanked members of the Glencroft Residents' Association for attending the meeting and commended them for getting involved in the process. He encouraged them to submit other projects in the future. Upon a call for the question, the motion carried unanimously. 7. CRICKET - LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS SITE IN O'NEIL PARK Mr. Art Lynch, Finance Director, presented this item. Cricket Arizona Property, a Delaware corporation ("Cricket") has requested a license from the City for the construction and operation of wireless communications facilities that will be part of Cricket's Valley-wide wireless communications system. The proposed site for Cricket's facilities includes replacing the second light pole along the right field line of the softball field along with a facility to be constructed just south of the light pole for the necessary ground equipment and cabinets. This facility is a split-faced masonry wall with a metal 12 gate painted to match the surroundings. The enclosure will be 10' wide by 16' long. Cricket's proposal also includes landscaping around this wall and a park bench. The approval of this license is consistent with the City's policy of encouraging wireless communications providers to co-locate their facilities on existing poles (or on poles that will replace existing poles) instead of constructing new monopoles for antennas. As a part of the wireless site, Cricket will replace the existing light pole to support the additional facilities, on which Cricket will attach its antennas. Cricket will need only administrative approval from the City to comply with the zoning requirements for the wireless site, because Cricket will be replacing an existing pole for its antennas. Cricket held a neighborhood meeting on November 5, 2001 at O'Neil Park regarding this wireless proposal. Of the 1,500 notifications mailed to the citizens, five citizens attended the meeting. The response from most citizens who attended was positive. The effective date of the proposed agreement will be January 9, 2002 and the agreement will expire on January 8, 2012. However, either party may terminate the agreement without cause at any time after the first year of the agreement by giving the other party one-year's advances notice of such termination. Cricket will pay rent in the amount of $2,750 per month, with an annual inflation adjustment, for its use of the Park. In 1998, the City Council approved a license agreement with Qwest Wireless, formally known as U.S.West Wireless to place its facilities on the southeast light pole of the soccer field south of the ramadas at Sahuaro Ranch Park. The terms of the proposed agreement with Cricket are essentially the same as the terms with the above mentioned wireless provider, including the provisions concerning rent, construction requirements, insurance, indemnification and performance bonds. The Planning, Engineering, Risk Management, Finance, and Parks and Recreation Departments, and the City Attorney's Office have approved this site and/or the contents of the agreement. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a license agreement for a Wireless Communications Site in O'Neil Park with Cricket Arizona Property. Resolution No. 3524 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 CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE AT O'NEIL PARK. 13 It was moved by Eggleston, and seconded by Frate, to approve the recommended action on Consent Agenda Item No. 7, including the approval and adoption of Resolution No. 3524 New Series. Councilmember Clark stated that she was not on the Council when approval was given for wireless poles in Sahuaro Ranch Park and she personally disapproved of using parks for wireless telecommunication devices. She expressed her opinion that parks are for the enjoyment of the City's residents and should be free from the visual pollution that the poles create. Acknowledging the need for such devices, she stated that she did not object to their being located in City rights-of-way. Councilmember Martinez asked how many antennas could be placed on one pole. Mr. Lynch explained that the contracts limit the number of antennas to three. He noted that the vendors are charged with minimizing the visual impacts of the poles. Councilmember Martinez asked if stealth devices could be used to mitigate the visual impacts. Mr. Lynch said they had looked at different alternatives and the vendor did not feel that it would be economically feasible to stealth this particular antenna. Councilmember Goulet disagreed with Councilmember Clark's characterization of the pole as visual blight. He said vendors choose a location for their antennas based on the need to provide technology in that particular area. Councilmember Clark said the industry is very lucrative and she is troubled when she is told that it would not be economically feasible for the vendors to camouflage their antennas. She stated that it would be difficult to deny future requests for additional antennas if this one was approved, resulting in a proliferation of cell phone towers. Mayor Scruggs explained that when cell phone usage first increased it took the City by surprise and the Council was regularly presented with numerous applications for cell phone poles. She said the Council could not prevent wireless service from coming to the City of Glendale and, therefore, they developed a policy that, when possible, vendors use existing poles in the area. She noted that Sahuaro Ranch and O'Neil Parks already have very intensive ball fields lights. She said the policy was an attempt to minimize the visual impacts of the antennas by reducing the number of new poles. She stated that she was personally concerned about the ground equipment that goes with the antennas. She said it is very difficult to camouflage. She suggested that vendors find a way to share ground equipment boxes, thereby reducing the number of boxes needed. Councilmember Martinez asked if another provider would be able to use the same ground equipment. Mr. Lynch explained that multiple vendors could share the same ground equipment area if their antennas were located in the same area. He pointed out that the Council would review each request on an individual basis and could, at that time, consider whether it would be possible to consolidate the ground equipment. He noted that the proposed contract allows subleasing. 14 Mr. Scott Quinn, the applicant's representative, said Cricket's equipment is self-contained and resembles a transformer. He noted that the Federal Communications Corporation (FCC) only allows a limited number of companies to provide service in the Phoenix area. Councilmember Martinez asked Mr. Quinn if another provider would be able to place equipment within their lease area. Mr. Quinn said, unless the equipment becomes smaller, they would not have room for another carrier. In response to Mayor Scruggs' question, Mr. Quinn explained that Cricket first looks for existing verticality, i.e. church towers, utility poles, and so forth, when deciding where to install an antenna. Vice Mayor Eggleston said neighborhood residents prefer that the antennas be placed on existing utility poles rather than on free-standing poles. Mr. Quinn agreed with Vice Mayor Eggleston. Upon call for the question, the motion passed by a vote of 6 to 1, with Councilmember Clark voting nay. LAND DEVELOPMENT ACTION 14. WESTERN AREA GENERAL PLAN AMENDMENT APPLICATION NO. GP-00-04 The City of Glendale has been actively involved in sponsoring citizen participation opportunities for the "Western Area General Plan Update" since December of 2000. The General Plan amendment proposes future land use and development guidelines for the study area which includes approximately 10 square miles bounded by 83rd Avenue, 115th Avenue, Northern Avenue, and Camelback Road. The majority of the land within the study area is undeveloped, approximately 65%. Unincorporated land within Glendale's strip-annexed area is included in the Western Area. The Western Area General Plan Update, Application No. GP-00-04, had been rescheduled from November 27, 2001 for public hearing on January 8, 2002 due to scheduling conflicts. The intent was then to conduct a single workshop in December of 2001. The City Council was presented this item at the December 11, 2001 Workshop. Discussion included such issues as: the potential number of neighborhood commercial within the Western Area, what the legal definition of "vested zoning" is and how that may apply to some of the commercial sites within the area, and the variety of housing styles and the number of dwelling units within the Western Area. As a result of the lengthy number of items remaining on the Executive Session and Regular City Council Agenda, the Workshop discussion was closed after an hour and a half of discussion. The City Council expressed a desire to continue the discussion at the next available Workshop. January 8, 2002 was the next available Workshop for the Western Area 15 General Plan Amendment. The January 8' 2002 Workshop date necessitates the continuation of the public hearing from the January 8, 2002 date to January 22, 2002. In light of the scheduling requirements, staff recommended that this item be tabled until January 22, 2002. 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 22, 2002. At the meeting, staff advised Mayor Scruggs and the City Councilmembers that February 26, 2002 was a more appropriate date for this hearing. It was moved by Clark, and seconded by Lieberman, to table Agenda Item No. 14 and conduct the public hearing for Application No. GP-00-04, Western Area General Plan Update, on February 26, 2002. The motion carried unanimously. BIDS AND CONTRACTS 15. AWARD OF CONSTRUCTION CONTRACT — SKUNK CREEK LINEAR PARK Mr. Larry Broyles, City Engineer, presented this request for City Council award of a construction contract to Archon, Inc. in the amount of $1 ,074,056. In July of 1999, the Council endorsed a master plan for the development of a linear park that would start at 51St Avenue and continue along the Skunk Creek Flood Control Channel to the City of Peoria boundary at 73rd Avenue, a distance of approximately three and one half miles. This construction project is based upon the plans and specifications developed utilizing the Park Master Plan. The improvements include a paved concrete multi-use path, equestrian trail, landscaped areas, trail crossings, signage and trail head lighting. The City received bids on December 13, 2001, from eight companies interested in executing the improvements for the Skunk Creek Linear Park, with Archon, Inc., submitting the low bid in the amount of $1,074,056. After review of the bids, staff recommended award of the contract to Archon, Inc. Funding for this project includes a Heritage Grant in the amount of $66,579 for trail signage. Funds for development are available in Skunk Creek Regional Linear Park Account Number 36-8523-8300. The recommendation was to award the construction contract for the construction of the Skunk Creek Linear Park to Archon, Inc. in the amount of $1,074,056. 16 Councilmember Lieberman noted a 40% differential between the low and high bids. He expressed concern that the low bidder would come back with future price adjustments. He asked for assurances that there would not be future change orders. Mr. Broyles said the Engineering Department performs a thorough review of the plans and specifications, especially when there is a large differential between bids; however, there is no guarantee that the low bidder will not return with a change order. Councilmember Frate asked when the project would be completed. Mr. Broyles said construction would commence approximately 20 to 30 days after award of the contract and was scheduled for 120 consecutive calendar days. Councilmember Martinez said he shared Councilmember Lieberman's concern about future change orders. He asked if the contractor could be held responsible for any costs not included in the bid. Mr. Broyles said the contractor is obligated to construct the project for the bid amount. Mayor Scruggs said the Cholla District has waited 15 years for this project. She expressed her opinion that it will be a great amenity. Councilmember Martinez agreed that the park would improve the area. It was moved by Martinez, and seconded by Frate, to award the construction contract for the construction of the Skunk Creek Linear Park to Archon, Inc., in the amount of $1,074,056. The motion carried unanimously. 16. AWARD OF CONSTRUCTION CONTRACT - FOOTHILLS PARK PHASE II Mr. Larry Broyles, City Engineer, presented this request for City Council award of a construction contract to Diamond Building Group for a base bid amount of $1 ,983,861.60, plus Add Alternate No. 1 in the amount of $197,296, and Add Alternate No. 4 in the amount of $43,576, for a total contract amount of $2,224,733.60. The City received four bids on September 27, 2001 , with Diamond Building Group submitting the lowest base bid in the amount of $1 ,983,861.60. The bid package included the base bid and five add alternates consisting of the following: • Base Bid: Main skate court facility, restroom, ramadas, equestrian trail, pedestrian and bicycle paths, benches, tables, bicycle racks, picnic grills, drinking fountains, and landscaping. • Add Alternate 1: Parking lot, landscape and hardscape on the north side of the flood control channel south of the existing ballfields. • Add Alternate 2: Site work, landscaping, multi-purpose path and barbecue facilities on the narrow parcel extending from 47th Avenue west to 59th Avenue atop the north flood control embankment and bordered by Honeywell's south boundary. 17 • Add Alternate 3: The group ramada facilities and related hardscape on the north embankment east of 57th Avenue and south of the existing ballfields. • Add Alternate 4: The square clover bowl skate facility and sport lighting adjacent to the skate park included in the base bid. • Add Alternate 5: The grassing, irrigation system and related site work for the entire flood channel base within the project limits. Based upon budgeted funds and the priorities for development established at the public meetings, the improvements contained in the Base Bid and Add Alternates Nos. 1 and 4 were recommended for construction at this time. Funds are available in Skunk Creek Linear Park Account Number 36-8523-8300 in the amount of $682,953.60, Parks Bond Fund Skate Park North Account Number 36- 8946-8300 in the amount of $377,800, and DIF Funds Zone 3 Park Development Account Number 14-8527-8300 in the amount of $1,163,980, for a total amount of $2,224,733.60. The recommendation was to authorize the City Manager to execute the contract and transfer funds in the amount of $728,645.60 from Skunk Creek Linear Park Account Number 36-8523-8300 and $1,118,288 from DIF Fund Zone 3 Park Development to Foothills Phase II/Skate Park Account Number 36-8946-8300. Councilmember Lieberman expressed his opinion that the $377,800 in the Skate Park North account should be included in the recommendation. Mr. Warren Smith, Parks and Recreation Director, explained that the $377,800 already exists in the Skate Park account and the recommendation was to transfer additional money into the account. Mr. Smith assured Mayor Scruggs that the money is available to build the park. Mayor Scruggs asked how long it would take to construct the park. Mr. Broyles stated that the construction period would be 180 calendar days. Councilmember Clark as if both Skunk Creek projects would start at the same time. Mr. Broyles replied in the affirmative. Mr. Smith confirmed for Councilmember Martinez that the remaining section of landscaping for Sunset Vista Park was included in the Skunk Creek Linear Park contract award. Councilmember Frate asked where the skateboard site would be located. Mr. Smith stated that it would be located west of 57th Avenue. 18 It was moved by Martinez, and seconded by Goulet, to award a construction contract to Diamond Building Group for a base bid amount of $1,983,861.60, plus Add Alternate No. 1 in the amount of $197,296, and Add Alternate No. 4 in the amount of $43,576, for a total contract amount of $2,224,733.60; and authorize the City Manager to execute the contract and transfer funds in the amount of $728,645.60 from Skunk Creek Linear Park Account Number 36-8523-8300 and $1,118,288 from DIF Fund Zone 3 Park Development to Foothills Phase II/Skate Park Account Number 36-8946-8300. The motion carried unanimously. 17. AWARD OF CONSTRUCTION CONTRACT - 83RD AVENUE BRIDGE AT NEW RIVER - - - - Mr. Larry Broyles, City Engineer, presented this request to award a construction contract to Hunter Contracting, Inc., in the amount of $3,983,006.71, for construction of the 83rd Avenue bridge over New River. The project is necessary to provide an all- weather crossing of New River to safely convey traffic across the river and reduce traffic congestion on 83rd Avenue and on Union Hills Drive. Currently, 83rd Avenue is a dip crossing of New River with the road grade at the river invert. This segment of 83rd Avenue conveys considerable traffic from the areas in the northwest part of the valley to the Arrowhead Town Center and to the freeway. During times of moderate flow in New River, 83rd Avenue must be closed and all traffic must utilize Union Hills Drive. Construction of a bridge over 83rd Avenue became a high priority in early 2001, when 83rd Avenue was closed for an extended period due to flow in New River. On April 10, 2001, a contract was awarded to the firm of Premier Engineering Corporation, partnered with Stantec Consulting Inc., Entranco, Bolduc-Smiley, and RAM to design a bridge and roadway across New River. The design of the bridge and related roadway required obtaining a permit from the Corps of Engineers, meeting Federal Emergency Management Agency criteria, coordination with the City of Peoria on the traffic signal, and close coordination with the designers of the Walmart being constructed adjacent to the site. The consultants did an exceptional job completing the design of the bridge and roadway and obtaining all permits in only seven months. The City recently approved an intergovernmental agreement with the Flood Control District of Maricopa County (FCD) to share in the cost of construction of a grade control structure on New River in the vicinity of the 83rd Avenue bridge on a 50/50 basis. The grade control structure has been incorporated into the scope of the bridge project and the FCD will reimburse Glendale for half the cost of the grade control structure. The estimated reimbursement for the design, construction, and administration will be approximately $680,340. To expedite the construction of the bridge, 83rd Avenue will be closed to the public south of Union Hills Drive. Advance notification of this closure will be accomplished through local publications, electronic message boards, and the Internet. The closure is expected to last approximately eight months. 19 Seven bids were received and opened at 10:00 a.m., on December 5, 2001. Hunter Contracting, Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $3,983,006.71. Funds are available in the 2001/02 Capital Improvement budget in 83rd Ave/Union Hills Street/Bridge Improvements Account Number 14-8040- 8300 to construct the project. The recommendation was to award the construction contract to Hunter Contracting, Inc. in the amount of $3,983,006.71. Councilmember Martinez asked Mr. Broyles if they had considered using the Wal-Mart property for access to Union Hills while 83rd Avenue is closed. Mr. Broyles said the offsite improvements for Walmart will be completed in mid-February; however onsite improvements thereafter could interfere with their ability to use the property to access Union Hills. Councilmember Martinez asked the residents in the area to be patient during construction and to focus on the end result. Mayor Scruggs asked Mr. Broyles to review why they will completely close 83rd Avenue. Mr. Broyles explained that they chose to close 83rd Avenue because of its proximity to Union Hills Drive, which leaves insufficient room for a detour. He noted that rain during construction would close a detour anyway. He said closing the road shortens the completion of the project by approximately two months. It was moved by Martinez, and seconded by Frate, to award the construction contract to Hunter Contracting, Inc. in the amount of $3,983,006.71. The motion carried unanimously. 18. AWARD OF CONSTRUCTION CONTRACT — CHOLLA WATER TREATMENT PLANT SOLIDS HANDLING Mr. Larry Broyles, City Engineer, presented this request for City Council award of a construction contract to Centric/Jones Constructors, in the amount of $11,495,000 for the construction of the Cholla Water Treatment Plant Solids Handling Facility. Water treatment plant solids are generated as a result of the water treatment activities at the Cholla Water Treatment Plant and have been discharged to the Arizona Canal since the time of the plant's original construction in the late 1970s. The City of Glendale is now required by the Environmental Protection Agency (EPA) to construct solids handling facilities to remove and prevent the discharge of solids into the Arizona Canal. Awarding the construction contract at this time will allow the City to comply with the requirements of the Environmental Protection Agency by permanently eliminating solids discharge into the Arizona Canal. The facilities that are designed will incorporate the needed facilities to collect, thicken, and de-water the solids which will then be disposed of at the City of Glendale Landfill. The design also includes construction of chemical containment facilities and new chemical storage tanks for the Cholla Water Treatment Plant. The Maricopa 20 County Department of Environmental Services has directed that the current chemical storage facilities be modified to include containment for chemical spills and provisions for proper disposal. The project also provides for the addition of a cul-de-sac at the north end of 47th Ave., a new landscaped bike path leading north to the Arizona Canal from the cul-de- sac, landscape improvements to both sides of 49th Avenue adjacent to the plant boundary, and a new plant security wall along 49th and Cholla Avenues. These improvements were discussed at a Neighborhood Public Open House and Barrel District citizen meeting and were positively received. Seven bids were received and opened on December 6, 2001, with Centric/Jones Constructors submitting the low bid in the amount of $11 ,495,000. The City's consultant, HDR Engineering Inc., and Engineering Departmental staff reviewed the bids for completeness and recommended award to Centric/Jones Constructors. Funds are available for this project in the 2001-2002 Capital Improvements Program, Utilities Funds, Cholla Solids Handling Facility, Account Number 50-9272- 8300. The recommendation was to award the construction contract to Centric/Jones Constructors in the amount of $11 ,495,000. In response to Councilmember Clark's question, Mr. Broyles stated that he was not aware of any solid waste being sent to the City of Phoenix. Councilmember Lieberman explained that solids from wastewater treatment plants are sent to the 91st Avenue Plant. He noted that the solids discussed in this item come from a water treatment plant. Councilmember Lieberman pointed out there was a 39.17% differential between the high and low bids. He expressed concern that the low bidder could return to Council with a change order in the future. Mr. Broyles said the Engineering Department compared the costs with those associated with the solid waste handling facility recently completed by the City of Phoenix and were confident that the bid was good. Vice Mayor Eggleston pointed out the fact that five of the seven bids received were very close. It was moved by Eggleston, and seconded by Goulet, to award the construction contract to Centric/Jones Constructors in the amount of $11,495,000. The motion carried unanimously. 21 PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 19. SPECIAL EVENT LIQUOR LICENSE FOR THE GLENDALE LODGE NO. 12, INC., FRATERNAL ORDER OF POLICE —JANUARY 26, 2002 This was a request for a special event liquor license for the Glendale Lodge No. 12 Inc., Fraternal Order of Police ("F.O.P."). The event is a fundraiser to raise funds for a member of the F.O.P. who has been diagnosed with cancer. The event will be located at the F.O.P. Lodge, which is located at 6821 North 57th Avenue. The event will be held from 5:00 p.m. to 1 :00 a.m. on Saturday, January 26, 2002. 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 noted the applicant's request that the date of the event be changed from January 12, 2002 to January 26, 2002. Mayor Scruggs opened the public hearing on Agenda Item No. 19. 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 Glendale Lodge No. 12 Inc., Fraternal Order of Police, for a fundraiser to be held at 6821 North 57th Avenue, Glendale, Arizona, on January 26, 2002, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 20. LIQUOR LICENSE NO. 3-797 —ABACUS INN This was a request for a new series 12 (restaurant) license for Abacus Inn, which is located at 20329 North 59th Avenue, Suite A10. 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. 22 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. 21 . LIQUOR LICENSE NO. 3-798 — MI MEXICO SEAFOOD & MEXICAN GRILL This was a request for a new series 12 (restaurant) license for Mi Mexico Seafood & Mexican Grill, which is located at 6120 North 59th Avenue. 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 Stare of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 22. LIQUOR LICENSE NO. 3-799 — BARWINKLE'S This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Barwinkle's, which is located at 5930 West Greenway Road, No. 27. The previous owner operated this business as Barwinkle's and held a series 6 (on- & off-sale retail, all liquor) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school. The nearest church, The Redeemed International Church is within 190 feet of this location. However, the 300- foot rule prohibiting retail liquor establishments within 300 feet of a church does not apply because the liquor license was at this location prior to the 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. 23 Mayor Scruggs opened the public hearing on Agenda Item Nos. 20, 21, and 22. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Application No. 3-797 for Abacus Inn; Liquor License Application No. 3-798 for Mi Mexico Seafood & Mexican Grill; and Liquor License Application No. 3-799 for Barwinkle's, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 23. AUTHORIZATION TO TRANSFER AND EXPEND FUNDS TO IMPLEMENT THE TRANSPORTATION PROGRAM Mr. Jim Book, Transportation Director, presented this item. On December 11, 2001, the City Council met in Workshop session to discuss implementing the Transportation Program approved by voters on November 6, 2001 . As part of the election process, commitments were made to the citizens of Glendale to deliver new transportation services, including enhanced Dial-a-Ride service, expanded community programs, and new street and bicycle projects. The expanded community programs will be started in one year and the street and bicycle projects will be completed in five years. At the December 11th meeting, the Council was supportive of early actions to implement the program. In anticipation of a successful transportation election, the Fiscal Year 2001 - 2002 budget included $1.1 million in contingency funding authorization to expedite implementation of the transportation election package. To begin the implementation process, staff was requesting that Council authorize the transfer of the $1.1 million in appropriations from Fund 26, Contingency, to Fund 25, Transportation Program. In addition, the Council was asked to authorize four new positions to ensure delivery of the Dial-a-Ride, GUS, and Luke Link transit services approved by the voters. A more complete implementation plan will be addressed as part of developing the Fiscal Year 2002 - 2003 budget. In accordance with voter actions, funding is needed in Fiscal Year 2001 - 2002 to initiate new Dial-a-Ride service on weekends, as well as provide longer service hours on weekdays; initiate Saturday service on the Luke Link and operate later on weekdays; and to begin GUS service two hours earlier. In addition, funding is needed to expand community outreach programs, including Go Glendale and Slow Down Friday, and to start preliminary engineering on street and bicycle projects. The estimated costs of these programs in Fiscal Year 2001 - 2002 are $215,000 for transit, $70,000 for community programs, and $100,000 for preliminary engineering. One new dispatcher and three new driver positions are needed to expand the transit service hours for Dial- a-Ride, GUS, and Luke Link. 24 The recommendation was to waive reading beyond the title and adopt an ordinance to authorize (a) transfer of $1.1 million in appropriations from Fund 26, Contingency, to Fund 25, Transportation Program, and (b) approve four new transit positions to ensure delivery of Dial-a-Ride, GUS and Luke Link services approved by the voters. Ordinance No. 2234 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 TRANSFER AND EXPENDITURE OF FUNDS TO IMPLEMENT THE TRANSPORTATION PROGRAM; AND INCREASING THE AUTHORIZED STRENGTH OF THE GLENDALE TRANSPORTATION DEPARTMENT BY FOUR (4) FULL-TIME POSITIONS TO ENSURE DELIVERY OF DIAL-A-RIDE, GUS AND LUKE LINK SERVICES. Councilmember Clark asked for an explanation of the funding for the four new positions. Mr. Book stated that all positions would be funded as part of the Transportation Program. Councilmember Lieberman said a lot more people will use public transportation as the grid is completed. Mayor Scruggs asked how much the service costs would be on an annual basis. Mr. Book said the $215,000 represents the half-year charges. He stated that they were working with the Regional Public Transportation "Authority (RPTA) and Valley Metro to expand other services as well. Mayor Scruggs asked about the annual cost for the additional drivers. Mr. Book said the $215,000 for the expanded Dial-A-Ride, Luke, and Gus service includes the cost of one dispatcher and three drivers. Mayor Scruggs noted that the initiative to repeal the food sales tax, if successful, would take 10% of the funding away from the Transportation tax approved by the voters in November of 2001. Councilmember Lieberman asked how much revenue the 1 cent sales tax would generate. Mr. Book stated that the sales tax was projected to bring in $17 million annually; however, the repeal of the food sales tax would lower that number by $1 .7 million. Mayor Scruggs opened the public hearing on Agenda Item No. 23. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his support of the ordinance. He said the improved service would help the elderly, students, and physically challenged citizens. Mayor Scruggs closed the public hearing on Agenda Item No. 23. Councilmember Martinez agreed that the expanded services would help a number of people. 25 It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2234 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. 24. AUTHORIZATION FOR PURCHASE AND ACQUISITION OF A PUMP STATION SITE AT 99TH AVENUE AND CAMELBACK ROAD Mr. Larry Broyles, City Engineer, presented this item. On September 22, 1998, the City Council adopted Ordinance No. 2026 New Series authorizing the acquisition of the pump station site located at 99th Avenue and Camelback Road by purchase or under the power of eminent domain. All attempts at negotiations failed and the City filed a condemnation suit against the owners of the property. In September of 2001, the City's attorneys were instructed to settle the condemnation case by purchasing the remainder of the property, approximately 19 additional acres. The funds were forwarded to the seller upon receipt of the final order of condemnation executed by the Court on October 10, 2001. The amount of $3,709,081.15 was transferred from Land Acquisition, 99th and Camelback Account Number 50-9215-8100 on October 12, 2001. It was necessary to adopt an ordinance ratifying the final purchase and approve the transfer of funds. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the purchase of approximately 20 acres of land and authorize the transfer of funds to cover the expenditures made for the settlement of a condemnation case. Ordinance No. 2235 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 EXPENDITURE OF FUNDS FOR THE PURCHASE OF ADDITIONAL PROPERTY NECESSARY FOR A PUMP STATION SITE LOCATED AT THE NORTHEAST CORNER OF 99TH AVENUE AND CAMELBACK ROAD IN THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA; AND AUTHORIZING THE EXECUTION OF ANY AND ALL NECESSSARY DOCUMENTS TO EFFECTUATE THE PURCHASE OF SAID ADDITIONAL PROPERTY. It was moved by Lieberman, and seconded by Clark, to approve Ordinance No. 2235 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. ANNEXATION OF 60 ACRES LOCATED AT THE SOUTHWEST CORNER OF NORTHERN AND 87th AVENUES Mr. Larry Broyles, City Engineer, presented this item. A public hearing was held on November 13, 2001 to receive public comment related to a proposed annexation of 26 60 acres of land located at the southwest corner of Northern Avenue and the 87th Avenue alignment. This land will be part of a proposed subdivision, the remainder of which is currently within Glendale City limits. No public comments were made at the hearing. The next step in the process is the adoption of an ordinance authorizing the annexation of this area into the City. 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. Ordinance No. 2236 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. 138. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2236 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. CORPORATE HOLDINGS AMENDMENT Mr. Mark Ripley, Airport Manager, presented this item. In December of 1997, Corporate Holdings, Inc., was awarded a ground lease for 177,546 square feet of land at the City of Glendale's Municipal Airport. The Corporate Holdings, Inc. lease agreement permits the construction of fourteen hangars on three parcels of real property located at the Glendale Municipal Airport designated as Phase I, Phase II, and Phase III. The Phase I parcel contains 67,500 square feet, the Phase II parcel contains 45,000 square feet, and the Phase III parcel contains 65,046 square feet. The lessee has requested to amend this lease to allow for the reconfiguration of Phase I, Phase II, and Phase III properties into two Phases. The new Phase I, also known as the north parcel, will contain 88,773 square feet. The new Phase II, known as 27 the south parcel, also contains 88,773 square feet. Each phase will ultimately have seven hangars. Phase I shall have all seven hangars completed by December 31, 2002. The option on Phase II must be exercised on or before December 31, 2004. All seven hangars in Phase II shall be completed by December 31 , 2005. The fee schedule has been adjusted to accommodate the change from three phases to two phases. The change in the fee schedule will allow the City to collect the same revenue as the original lease agreement. The recommendation was to waive reading beyond title and adopt an ordinance amending the lease agreement with Corporate Holdings, Inc. Ordinance No. 2237 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 AN AMENDMENT TO LEASE AGREEMENT WITH CORPORATE HOLDINGS, INC. TO CONSTRUCT HANGARS AT THE GLENDALE MUNICIPAL AIRPORT. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2237 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. BOARDS AND COMMISSIONS 27. BOARDS AND COMMISSIONS Appointments are to be made to the following Boards or Commissions that have a vacancy or expired term. Effective Term Date Expires Aviation Advisory Commission Simon, Eric (Barrel) Appointment 01/08/2002 11/23/2003 Commission on Persons with Disabilities Butler, Carol M. (Barrel) Re-appointment 02/27/2002 02/26/2004 Scholtes, Lorraine (Cactus)Re-appointment 02/27/2002 02/26/2004 Grossman, Stan (Cholla) Re-appointment 02/27/2002 02/26/2004 Jones, Patricia E. (Cholla) Re-appointment 02/27/2002 02/26/2004 Hayes, Stephanie (Mayoral)Re-appointment 02/27/2002 02/26/2004 Planning Commission Monaghan, Paul (Mayoral) Re-appointment 03/25/2002 03/24/2004 28 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Eggleston, to appoint Eric Simon to the Aviation Advisory Commission; Carol M. Butler, Lorraine Scholtes, Stan Grossman, Patricia E. Jones, and Stephanie Hayes to the Commission on Persons with Disabilities; and Paul Monaghan to the Planning Commission, for the terms listed above. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to hold a City Council Workshop at 1:30 p.m. on Tuesday, January 15, 2002, 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. Leonard Clark, a resident of the City of Glendale Barrel District, said he had noticed a big difference in the quality of life since moving to the City of Glendale 15 years ago. He stressed the importance of government programs that are offered to citizens during difficult economic times. He asked the Council to develop programs for homeless people in the West Valley. He thanked the Police Department for their community policing. He urged anyone with information about the recent robbery and murder that occurred at a local convenience store to come forward. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark stated that she had delivered 200 to 300 pounds of citrus fruit to the Westside Food Bank. She encouraged others who own fruit trees to donate to the Food Bank. Councilmember Goulet thanked Mr. lain Vasey, Redevelopment Manager, for his help over the years and wished him well in Las Vegas. He welcomed Mr. Terry Zerkle, the City's new Assistant City Manager. Councilmember Lieberman also welcomed Mr. Zerkle and wished Mr. Vasey well. Vice Mayor Eggleston reminded everyone that Glendale Glitters ends this weekend. Councilmember Martinez said all of the Cholla District projects on this evening's agenda will enhance the quality of life for the district's residents. 29 Councilmember Frate recognized personnel from the Fire and Police Departments for the outstanding jobs they do during the holidays. He also recognized personnel from the Streets Department, the Engineering Department, the Water Department, and the Environmental Resources Department who worked diligently during the holidays because of the asphalt spill at 67t and Glendale Avenues and the water main break at 59th and Northern Avenues. He thanked Ms. Debbie Lesko from the Sweetwater Estates Neighborhood and Ms. Jennifer Metro from Friends and Neighbors of Montara Park for applying for neighborhood grants. Mayor Scruggs announced that the dedication of Coyote Ridge Elementary School was scheduled for January 10, 2002 at 6:00 p.m. She noted that the Children's Crisis Center barn raising will be held on January 11 , 2002 at 7:30 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 9:00 p.m. rr -T' Pamela i eira - City Clerk 30