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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/26/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 26, 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 6Jc)OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the three 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 FEBRUARY 12, 2002 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the February 12, 2002 City Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 4 by number and title. 1 . AWARD OF CONSTRUCTION CONTRACT SPRINKLER SYSTEM FOR PUBLIC HOUSING COMMUNITY -GLENDALE HOMES This was a request for the City Council to award a construction contract to Morris Building and Management, Inc. in the amount of $81,000 for the installation of a sprinkler system for a portion of Glendale Homes, 5215 West Ocotillo Road. The sprinkler system will be completed within 45 days of the notice to proceed. On March 28, 2000, the Mayor and City Council approved the Five-Year Community Housing Agency Plan that authorized the annual expenditures of the Capital Fund Program (CFP) grant. These funds are allocated annually by the Department of Housing and Urban Development (HUD) for physical improvement projects. In Fiscal Year 2001, the CFP grant totaled $325,044. A portion of the funds 1 will provide a sprinkler system for water conservation. The improvements were reviewed by the Housing Advisory Commission and were positively received. Five bids were received and opened on February 6, 2002. The low bid of $31,000 was submitted by Landscape Professionals, Inc., but was withdrawn by the contractor. The second lowest bid was submitted by Morris Building and Management, Inc., in the amount of $81 ,000, and was found to be responsive. Funding for the project is available in Account Number 19-4424-7731 . The recommendation was to award the sprinkler contract to Morris Building and Management, Inc. in the amount of $81,000. 2. AWARD OF CONSTRUCTION CONTRACT — PERIMETER WALL FOR PUBLIC HOUSING COMMUNITY - GLENDALE HOMES This was a request for the City Council to award a construction contract to Sunburst Landscaping, Inc. in the amount of $92,704 for the construction of a perimeter wall and gates for a portion of Glendale Homes, 5215 West Ocotillo Road. Construction is to be completed within 45 days of notice to proceed. On March 28, 2000, the Mayor and City Council approved the Five-Year Community Housing Agency Plan that authorized the annual expenditures of the Capital Fund Program (CFP) grant. These funds are allocated annually by the Department of Housing and Urban Development (HUD) for physical improvement projects. In Fiscal Year 2001 , the CFP grant totaled $325,044. A portion of the funds will provide perimeter walls, wrought iron panels and gates to enhance the appearance of the property and provide additional security. The improvements were reviewed by the Housing Advisory Commission and were positively received. Seven bids were received and opened on February 7, 2002. A low bid of $92,704 was received from Sunburst Landscaping, Inc. and was deemed to be a responsive bid. Funding for construction is available in Account Number 19-4424-7731 . The recommendation was to award the construction contract to Sunburst Landscaping, Inc. in the amount of $92,704. 3. MAINTENANCE AGREEMENT — LIBRARY COMPUTERS The City currently has a yearly maintenance agreement with Epixtech, Inc. (formerly Ameritech Library Services), the library's automation vendor, for on-call and preventive maintenance for software, server, and network components of the computer system. The agreement is designed to protect the City's extensive investment in these systems at all three library facilities by providing (1) a method to replace and/or repair broken or defective equipment within a prescribed period of time, minimizing impact upon internal operations and external delivery of services; (2) scheduled preventive maintenance to isolate and correct potential problems; and (3) software upgrades and 2 enhancements. Equipment covered by the agreement includes 3 servers and 1 system printer, and network components covered include 14 hubs, 3 routers, and 5 switches. Epixtech, Inc. provides proprietary technology with a fixed amount for maintenance costs based upon our configuration of equipment. Due to the customized hardware and software configuration, it is impossible for any other vendor to maintain the hardware and provide necessary software upgrades. In Arizona, Mesa Public Library and Yavapai Library Network use Epixtech, Inc. and each has a similar yearly maintenance agreement. During the upcoming year, the Library will be doing a market analysis of library automation systems to determine the best vendor for anticipated future expansion. The renewal cost of the maintenance contract with Epixtech, Inc., is $68,519.98, which is budgeted for in Account Number 01-4510-7450, Equipment Maintenance. The recommendation was to authorize City staff to execute the renewal of the maintenance contract with Epixtech, Inc. in the amount of $68,519.98. CONSENT RESOLUTIONS 5. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR FIXED ROUTE BUS SERVICE This contract change order is for year four of the five-year Intergovernmental Agreement (IGA) between the City of Phoenix and the City of Glendale, extending from July of 1999 through June of 2004, to provide continued operation of fixed bus route service within Glendale. This contract will increase the service level for fixed route bus service to match the level of service in the City of Phoenix on most existing routes, including half-hour service until 10:00 p.m., Monday through Saturday, and hourly service on Sunday and holidays. The amended contract (IGA) is consistent with the goals of the Transportation Package approved by Glendale voters on November 6, 2001. A commitment in the Transportation Plan included the expansion of bus service in order to provide greater transportation options, including increased frequency, the addition of new routes, and the implementation of evening and weekend service. The contract amount for Fiscal Year 2002-2003 is $3,116,000. This amount includes $92,012 for service previously paid by the Regional Public Transportation Authority (RPTA). Funding for the increased level of services was approved by the citizens of Glendale in the November 2001 Special Election and will be provided in the Fiscal Year 2002-2003 Transit budget. Approval of this Change Order is needed at this time for the route extensions to appear in the July 2002 Bus Book. This agreement covers the following fixed route services: Route 24 - - Glendale Avenue/43rd Avenue to 67th Avenue Route 59 - - 59th Avenue/Camelback to Union Hills Drive Route 60 - - Bethany Home Road/43rd Avenue to 67th Avenue 3 Route 67 - - 67th Avenue/Camelback Road to Arrowhead Towne Center Route 80 - - Northern Avenue/43rd Avenue to 59th Avenue Route 90 - - Olive Avenue/43rd Avenue to 67th Avenue Route 106 - - Peoria Avenue/43rd Avenue to 67th Avenue Route 138 - - Thunderbird Road/51st Avenue to 67th Avenue Route 170 - - Bell Road/51st Avenue to Arrowhead Towne Center Route 186 - - Union Hills Drive/51st Avenue to Arrowhead Towne Center Yellow Route - - Grand Avenue/71st Avenue to 43rd Avenue Express Routes 581 and 570 Additional fixed route services provided to the City of Glendale are paid for by the RPTA and are, therefore, not included in this contract. The recommendation was to waive reading beyond the title and adopt a resolution authorizing execution of amendment to Contract Change Order No. 1 to the Intergovernmental Agreement with the City of Phoenix for the operation of fixed route bus services in Glendale. Resolution No. 3534 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF CONTRACT CHANGE ORDER NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR THE OPERATION OF FIXED ROUTE BUS SERVICES IN THE CITY OF GLENDALE. 6. 800 MEGAHERTZ AMENDMENT TO FIRE COMPUTER AIDED DISPATCH CONTRACT An amendment to the emergency dispatch agreement with the Phoenix Fire Department is needed to include the one-time infrastructure cost of participating in the Phoenix 800 MegaHertz (MHz) Public Safety Radio System (PSRS). This system will replace the existing VHF radio communications currently in use by Valley fire departments that participate in the Phoenix dispatch system. Due to the increased commercial demand for VHF communications by non- emergency users, Valley emergency response agencies are converting their communications to the 800MHz protocol, phasing out their reliance on VHF bands. The 800MHz PSRS will enable all emergency response agencies to communicate directly with each other, without relaying information through the alarm room. It also eliminates interference from non-emergency VHF users scanning emergency bands. All cities participating in the Phoenix Computer Aided Dispatch system are contributing a proportionate share to the infrastructure cost of the new PSRS, based on dispatch volume. Glendale's cost allocation is $3,474,082. Funding for this project, including the cost of purchasing the 800MHz radio equipment, is budgeted in the Capital Improvement Plan. $2,000,000 is budgeted in Fiscal Year 2002, and the balance in Fiscal Year 2003. 4 The recommendation was to waive reading beyond the title and adopt a resolution to amend the dispatch agreement with the Phoenix Fire Department, to include the one-time infrastructure cost of participating in the Phoenix 800 MegaHertz Public Safety Radio System. Resolution No. 3535 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT NO. 29838- 018 WITH THE CITY OF PHOENIX PERTAINING TO THE PARTICIPATION IN THE PHOENIX FIRE DEPARTMENT REGIONAL DISPATCH SYSTEM IN ORDER TO MORE EFFECTIVELY PROVIDE EMERGENCY FIRE, MEDICAL AND OTHER SERVICES. 7. PARKS AND RECREATION PROPOSED MASTER PLAN In 1999 the City Council awarded a contract to Design Workshop to update the Parks and Recreation Master Plan. The current Master Plan was adopted by the City Council in September of 1985. The Parks and Recreation Proposed Master Plan will serve as a strategic planning tool for decisions regarding parks, open space facilities, and recreational programs over the next ten years. The plan was developed through an extensive citizens participation process, which included fourteen focus groups, four public forums, and a citizens survey. The plan identifies and prioritizes action strategies to satisfy the expectations of the community. The major goals of the master plan are: • To provide equitable distribution of parks and recreation amenities; • To provide opportunities for citizen participation in design of parks and facilities; • To develop a system of linked open spaces, parks and recreation facilities to neighborhoods, schools, and employment centers; and • To provide high quality parks and recreational facilities in a safe and cost effective manner. The plan will be implemented through 24 action strategies over the next ten years. Those strategies include: • Innovative land acquisition; • Development of new facilities that offer diverse recreation; • Development of a plan to renovate five older parks a year over the next ten years; and • Creation of new lighted sports fields, playgrounds and courts. 5 The proposed plan was discussed with the Parks and Recreation Commission in July of 2001, and the Commission unanimously recommended approval of the plan by the City Council. Staff presented the plan to the City Council at a workshop session on September 18, 2001, and again on February 5, 2002. The recommendation was to waive reading beyond the title and adopt a resolution approving the Parks and Recreation Master Plan. Resolution No. 3536 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE PARKS AND RECREATION MASTER PLAN FOR THE CITY OF GLENDALE. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Council for the increase in bus service. He said he was happy to see the amount of citizen involvement in the Parks and Recreation Master Plan. He asked that the developers in the area along 59th Avenue, between Northern and Olive Avenues, consider including a park in their plans. It was moved by Eggleston and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1, 2, 3, 5, 6, and 7, including the approval and adoption of Resolution No. 3534 New Series, Resolution No. 3535 New Series, and Resolution No. 3536 New Series. The motion carried unanimously. 4. CHANGE ORDER NO. 1 AND FINAL — MANISTEE TOWN CENTER ASBESTOS ABATEMENT AND BUILDING DEMOLITION Councilmember Lieberman requested that Consent Agenda Item No. 4 be heard separately. Mr. Larry Broyles, City Engineer, presented this request for City Council approval of Change Order No. 1 and Final to the contract with International Environmental Corporation in the amount of $76,404. The construction contract was awarded on November 27, 2001. This change order provides for additional asbestos removal, which was discovered during the demolition of Manistee Town Center. Throughout the demolition, asbestos-containing floor tile and mastic were found and identified underneath a layer of carpet and non-asbestos tile in several of the suites. During the initial asbestos survey, Liesch Southwest conducted an area-by-area walk-through of the 530,000 square foot mall building. Upon visual examination of surface materials, fifty-one samples were collected and identified as containing asbestos material. This excluded four of the suites that were tenant occupied and were not readily accessible for detailed asbestos survey; furthermore, the asbestos survey did not reveal conditions below surface tile and carpet layers. An additional 35,164 square feet of asbestos removal 6 was required. The locations and quantities were thoroughly discussed with the Maricopa County Environmental Services/Air Quality Division. The total amount of this change order is $76,404, resulting in a revised contract amount of $1,267,104. Funds are available in Manistee Land Acquisition Account Number 01-8058-8300. Engineering Department staff has reviewed the costs and found them to be fair and reasonable. The recommendation was to approve Change Order No. 1 and Final to the construction contract with International Environmental Corporation in the amount of $76,404. Councilmember Lieberman said the contractors should have expected going into the project that there would be asbestos under the tile and carpet. He expressed his opinion that the City should not be held responsible because the contractor failed to factor in the additional asbestos removal that would be required. He said the contractors knew from the start that they would come back for a change order. Mr. Broyles explained that the areas in question were not available for the necessary tests during the initial investigation to determine if asbestos was present. Councilmember Lieberman stated that he could not support this item because the contractor knew from the start that a change order would be necessary. Mr. Broyles agreed that the contractor could have included the amount as a contingency in his original bid. He explained that it would have resulted in a higher bid and, consequently, higher insurance and bonding requirements. Mayor Scruggs asked if the City's Engineering Department played any role in the contractor deciding not to include the item as a contingency item in the original bid. Mr. Broyles said the City could not confirm that additional asbestos removal would be necessary at the time it considered the original bids. He said it was a joint decision not to include a contingency. Mayor Scruggs asked if the City would have had to pay the full amount if the original bid had included the contingency and the additional asbestos removal ultimately was deemed unnecessary. Mr. Broyles said the City would have paid the additional price because it was a lump sum bid. Councilmember Martinez asked Mr. Broyles if, in his opinion, the price paid was fair for the work done. Mr. Broyles responded in the affirmative. Councilmember Goulet asked Mr. Broyles if he believed it would be in the City's best interest to overbid a contract to cover any future change orders. Mr. Broyles said it is typically City policy not to include additional contingency items in the bid process. Councilmember Goulet asked if it was City policy to disrupt existing businesses to conduct testing to determine the cost of awarding a contract. Mr. Broyles said they typically do not do so. Councilmember Goulet asked if the change order could have been significantly higher or lower. Mr. Broyles responded in the affirmative. He explained that they negotiate the price based on actual quantities. 7 Councilmember Lieberman asked if it would be possible for the contractor to indicate in its original bid that the site had not been surveyed sufficiently and that additional change orders may be necessary in the future. Mr. Broyles explained that bids are based on the plans and specifications provided by the designer and a contractor would be qualifying his bid if additional monies were added to cover unforeseen conditions. Councilmember Lieberman asked if the contractor would be required to bond for the additional amount. Mr. Broyles responded in the affirmative. He stated that the cost is included as part of the change order. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said the original bid amount seemed inadequate at the time, even to him. He stated that he no longer supported the request and suggested that the Council, at a minimum, table the item to determine what steps could be taken to ensure that this situation does not occur again. Councilmember Lieberman noted that 35,000 square feet equates to less than 8% of the building's total square footage, whereas, the change order reflects 15.6% of the total contract cost. Mr. Broyles confirmed for Mayor Scruggs that the work had already been completed. Mayor Scruggs asked what would happen if the Council voted not to approve the change order. Mr. Flaaen explained that the contractor would likely file a suit for breach of contract and, if successful, would be awarded the amount owed, plus attorney fees. Councilmember Frate asked if it would be unsafe to disturb asbestos in an occupied space. Mr. Broyles said it was more a matter of disrupting ongoing business. He stated that samples could be taken in a safe manner. Councilmember Clark stated that she would support the request because the work had already been done. She expressed concern about the bid process and change orders and asked if the issue could be addressed in greater detail at a future meeting. Councilmember Lieberman said he would feel better about the change order if the amount requested was proportionate to the square footage. He asked Mr. Flaaen if the first bidder's contract gives them an exclusive right for a change order. Mr. Flaaen said, while feasible, bidding a separate item out in the midst of a contract would not be the most efficient way to conduct business. Mr. Broyles noted that the change order is reviewed to determine if the costs are fair and reasonable. He said they will obtain additional quotes if the original contractor's change order is found to be unreasonable and the contractor is unwilling to negotiate. Councilmember Lieberman stated that he would also like to discuss the bid and change order process further at a future meeting. Mayor Scruggs clarified that the $76,000 adds approximately 6% to the overall project cost. 8 It was moved by Goulet and seconded by Frate, to approve Change Order No. 1 and Final to the construction contract with International Environmental Corporation, in the amount of $76,404 (Consent Agenda Item No. 4). The motion carried by a vote of 6 to 1, with Councilmember Lieberman voting "nay". PUBLIC HEARING - AND DEVELOPMENT ACTIONS 8. REZONING APPLICATION Z-01-22: 6848 6856, 68641AND 6872 NORTHWEST GRAND AVENUE Ms. Teresa Halverson, Planner, presented this application by Mr. Howard Anderson, representing Mr. and Mrs. Vern Eagle, Webb Distributors, and San Plumbing Supply, to rezone 7 acres from C-3 (Heavy Commercial) and R-4 MH (Multiple Residence Mobile Home) to M-1 (Light Industrial). The site is located approximately 1400 feet north of the northwest corner of 67th and Grand Avenues. There are currently three businesses located on the four parcels. Eagle Redwood Furniture and San Plumbing do not plan to expand their businesses at this time. The auto body repair facility that occupies the middle two parcels will be removed and Webb Distributors will relocate to that location. They will construct a new office and warehouse building. The requested M-1 zoning is consistent with the General Plan designation of Light Industrial. M-1 zoning is a better fit for this site than the R-4 MH and the C-3 zoning districts. The character of the area is industrial and mobile home development is unsuitable for this site. The existing and proposed uses fit M-1 zoning better than the existing C-3. At its hearing held on January 17, 2002, the Planning Commission recommended approval of Rezoning Application Z-01-22, subject to one stipulation. No one, other than the applicant, spoke at the hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-01-22, subject to the one stipulation recommended by the Planning Commission. In response to questions posed by Councilmember Clark, Ms. Halverson said there are apartments to the north and east of the subject property. Councilmember Clark asked if the City reviews a business to ensure that it is environmentally safe and will not cause excessive noise or odors. Ms. Halverson explained that everything in an M-1 zoning district must be in an enclosed building. She said this particular business is a wholesaler and does not manufacture any products. She stated that environmental issues are typically addressed during a building's design process. Mayor Scruggs opened the public hearing on Agenda Item No. 8. 9 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, asked if any residents who currently live in the area would be misplaced. He also expressed concern about environmental issues. Mayor Scruggs closed the public hearing on this item. It was moved by Clark, and seconded by Martinez, to approve Rezoning Application Z-01-22, subject to the one stipulation recommended by the Planning Commission. The motion carried unanimously. 9. REZONING APPLICATION Z-01-24: 6808 NORTH 63RD AVENUE Mr. Beasley requested that this item be removed from the agenda. He stated that it would be re-submitted at the March 26, 2002 Council meeting. It was moved by Goulet, and seconded by Frate, to table Agenda Item No. 9 (Rezoning Application Z-01-24) and bring it back to the Council at its March 26, 2002 City Council meeting. The motion carried unanimously. 10. WESTERN AREA GENERAL PLAN AMENDMENT APPLICATION NO. G P-00-04 The Western Area General Plan Amendment, Application No. GP-00-04, has been discussed with the City Council at workshops held on December 11, 2001, January 8, 2002, and January 15, 2002. The Western Area General Plan Update was initiated by the City Council in December of 1999, after a series of Workshops that began in 1997. The proposed Western Area Plan's major features are the continuation of the employment reserve, creation of a regional activity center, strengthening the area's image as the western "Gateway to Glendale", and the introduction of four new land use designations. The four new land use designations contained in the proposed amendment are Neighborhood Shopping Center (NSC), Community Shopping Center (CSC), Corporate Commerce Center (CCC), and Sports/Entertainment Mixed Use (SEMU). In 2001 the City Council adopted new zoning districts that can be utilized to implement the NSC and CSC land use designations. The CCC and SEMU land use designations may be implemented with the Planned Area Development (PAD) zoning district. A new zoning district may be needed to further accommodate the CCC designation. In the interim, the Planned Area Development (PAD) zoning district is being utilized. Employment generating land uses are the emphasis of the Western Area amendment. Little change is proposed west of the Agua Fria Freeway (Loop 101). This land area is predominately designated as Business Park (BP) and Light Industrial (LI). 10 Changes between 115th Avenue and the Loop 101 include (1) the addition of the Western Area Water Reclamation Facility; (2) adjusting the location of the commercial opportunity at Glen Harbor Boulevard and Glendale Avenue; (3) adjustment of the New River corridor in accordance with plans from Federal Emergency Management Agency (FEMA); (4) correction of the alignments of 99th Avenue and the Loop 101; and (5) the adjustment of the commercial opportunities at the intersection of 99th and Glendale Avenues. The proposed General Plan Amendment characterizes the land area east of the Loop 101 to 83rd Avenue as a mixture of employment, retail, entertainment and residential development. The corridor from the eastside of the Loop 101 to 91St Avenue is the area of greatest change. Three of the new land use designations occur within this area — Community Shopping Center, Corporate Commerce Center, and Sports/Entertainment Mixed Use. The corridor between 83rd and 91st Avenues is proposed as predominately residential, with some neighborhood commercial located at the intersection of arterials. The overall residential density is slightly lower than that of the existing General Plan. The new Neighborhood Shopping Center designation occurs within this area. The Corporate Commerce Center and the Sports/Entertainment Mixed-Use designations include an opportunity for limited residential development. There are two criteria for residential development that each of the designations contain. The first criterion is that a minimum of 30% of the employment or retail use be established prior to any residential development. The second criteria is that a maximum of only 15% of the total acreage within a single area designated either Corporate Commerce Center or Sports/Entertainment Mixed Use is permitted to be residential. It was moved by Eggleston, and seconded by Goulet, to table Agenda Item No. 10 (Western Area General Plan Amendment Application No. GP-00-04) and bring it back to the City Council at an undetermined future Council meeting. The motion carried unanimously. BIDS AND CONTRACTS 11. EMERGENCY WATER MAIN BREAK REPAIR — 59TH AND NORTHERN AVENUES Mr. Larry Broyles, City Engineer, presented this item. During the morning of December 18, 2001, a water main break occurred at the intersection of 59th and Northern Avenues. After the Streets Division barricaded the area and the Utilities Department shut down the water, an assessment was made of the extent of the damage and the repairs that were needed. After consultation with the Engineering Department, it was determined that the oldest pipes had been in place since 1964 and the decision was made to replace the older Asbestos Cement Pipes (ACP) throughout the intersection. Although the specific cause of the water main break is not known for certain, it is suspected that the combination of cold weather, winter time water pressure (system water pressures in Glendale are typically highest during the winter months) and 11 the age of pipe all contributed to the break. To help alleviate future water main breaks, staff is in the process of developing a comprehensive water main replacement program that will focus on replacement of the older water mains, especially ACP 30 years of age and older. It is also intended that emphasis will be placed on replacing the older water mains that are in major intersections and major arterial streets. It is hoped that this program will be underway early in Fiscal Year 2002-2003. Because of the extensive damage and waterline replacement required, the Construction Engineering Division was asked to hire the contractors to make the repairs. The services of five contractors were required to make the repairs. They worked around the clock for six days and the intersection was re-opened on December 24, 2001. Pierson Construction repaired and replaced the waterlines at a cost of $144,246.12; Specialized Surfacing removed and replaced the damaged asphalt pavement for $49,364.20; JMH Co. replaced the curb, gutter and sidewalk at the southwest corner for $9,347.67; Kimbrell Electric Inc. replaced the traffic signal loops for $9,200; and Complete Parking Lots Inc. restriped the crosswalks and traffic lanes for $3,756. The total amount of the repair was $215,913.99. Funds in the amount of $215,913.99 need to be transferred from Utilities Contingency Account Number 50-2447-7000 to Waterline Replacement Account Number 50-9249-8300. The recommendation was to approve the transfer of funds and payment for the emergency repair of the 59th and Northern Avenues water main break in the amount of $215,913.99. Councilmember Clark said she was pleased that the City was going to embark on a program to prevent similar situations from occurring in the future. She asked if the cost to repair other intersections would be similar. Mr. Broyles explained that the costs were extensive and could have been substantially lower if the problem had been found before the water main actually broke. Councilmember Clark asked if the City had cameras that are capable of going through the pipes to assess their condition. Mr. Broyles said those cameras are typically used in sewer lines. He explained that water lines are pressurized and do not have the same access. Councilmember Martinez asked if older neighborhoods would be impacted by the program. Mr. Broyles said older neighborhoods were included in the overall evaluation and will be made part of the program. He explained that they are currently attempting to prioritize areas by establishing the age of the waterline pipes and determining the history of breaks in various neighborhoods. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, agreed that the City should spend the necessary funds to upgrade the waterlines. He noted that a similar break occurred at the same intersection approximately one year ago. 12 It was moved by Lieberman, and seconded by Martinez, to approve the transfer of funds and payment for the emergency repair of the 59th and Northern Avenues water main break in the amount of $215,913.99. The motion carried unanimously. PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES 12. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP SCHOOL — APRIL 27, 2002 This was a request for a special event liquor license for Our Lady of Perpetual Help School. The event is the Monte Carlo Night fundraiser, which will be located at Our Lady of Perpetual Help School, 7521 North 57th Avenue. The event will be held from 6:00 p.m. to 11:00 p.m. on Saturday, April 27, 2002. If this license is approved, the total days expended by the applicant will be 1 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the 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 Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item No. 12. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said Our Lady of Perpetual Help, like many other places of worship, helps the community in its fight against drug use. He strongly urged the Council to approve the request. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Frate, to forward the Special Event Liquor License Application for Our Lady of Perpetual Help School for a Monte Carlo Night fundraiser, to be located at Our Lady of Perpetual Help School, 7521 North 57th Avenue, on April 27, 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 13. LIQUOR LICENSE NO. 3-803 — LOS COMPAS LOUNGE This was a request for a person transfer of a series 7 (on- & off-sale retail, beer & wine) license for Los Compas, which is located at 7018 North 54th Avenue. This 13 person transfer is due to a change in the legal entity (sole proprietor changing to a corporation). 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. A conditional use permit has been issued to this location for the dancing and live music that the applicant intends to provide. The establishment is over 300 feet from any church. The nearest school, the Center for Neurodevelopmental Studies, is within 212 feet of this location. However, the 300-foot rule prohibiting retail liquor establishments within 300 feet of a school does not apply because the liquor license was at this location prior to the school. The Planning Department, the Police Department, and the County Health Department have reviewed the application and determined that it meets all technical requirements. One protest was received within the 20-day posting period. The protest was received from the owner of the nearby mobile home park with 33 signatures. Of the 33 signatures, 32 are within the one-mile radius. The basis for the protest is the close proximity to a school, loud music, exceeding occupancy requirements, disturbances in the parking lot, and people leaving trash at the property during the day when the business is not open. The protest letter mentioned a concern with regard to the distance from the school, formerly a church, to the bar. In checking with the State of Arizona Department of Liquor Licenses and Control regarding the issuance of this liquor license at this location, its records indicate that this license has been at this location since 1981. Staff met separately with the applicant and the owner of the mobile home park. 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. It was moved by Goulet and seconded by Clark, to table Agenda Item No. 13 (Liquor License Application No. 3-803 — Los Compas Lounge) and bring it back to the City Council at an undetermined future Council meeting. The motion carried unanimously. 15. LIQUOR LICENSE NO. 3-806 — SHISH KEBAB HOUSE This was a request for a person transfer of a series 7 (on- & off-sale retail, beer & wine) license for Shish Kebab House, which is located at 5023 West Olive Avenue. This person transfer request is due to a change in the legal entity of the business (a partnership changing to a corporation). 14 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. 17. LIQUOR LICENSE NO 3-809 — ARISONG CAFE KARAOKE This was a request for a new series 12 (restaurant) license for Arisong Café Karaoke, which is located at 4362 West Olive Avenue. The previous owner operated this business as the Arisong Café Karaoke and held a series 12 (restaurant) license at this location. A new license is required because a series 12 license is not transferable. The applicant is currently operating this establishment pursuant to an interim permit issued by the State of Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 15 and 17. Mr. Leonard Clark, a resident of the City of Glendale Barrel_District, expressed his opinion that the Council should approve the liquor license applications for Shish Kebab House and Arisong Café Karaoke, considering other major retailers in the area sell liquor. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward Liquor License Application No. 3-806 for Shish Kebab House and Application No 3-809 for Arisong Café Karaoke to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 15 14. LIQUOR LICENSE NO. 3-805 — GYPSIES NITE CLUB This was a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Gypsies Nite Club, which is located at 6505 North 59th Avenue. The previous owner operated this business as the End Zone 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 Item 14. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, addressed both Item Nos. 14 and 16. She asked the Council to give the applications careful consideration. She stated that the area has experienced a number of liquor related problems. She said they were working hard to address problems in their neighborhood and having more liquor licenses would impede their progress. Ms. Rosilyn Miller, a resident of the City of Glendale Ocotillo District, stated that she was opposed to Liquor License Application No. 3-808 for Super Carniceria El Gallito because a Circle K located next door to the establishment already sells liquor. She agreed that problems in the neighborhood were attributable to liquor. Ms. Zdravka Stephanie Smircic, owner of Gypsies Nite Club, agreed that the neighborhood has problems. She noted, however, that the problems are drug, not alcohol, related. She stated that liquor bottles are not permitted to be removed from bars and, therefore, any bottles strewn throughout the neighborhood were purchased elsewhere. Mayor Scruggs closed the public hearing on Agenda Item No. 14. It was moved by Eggleston, and seconded by Lieberman, to forward Liquor License Application No. 3-805 for Gypsies Nite Club to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 16 Councilmember Clark stated that she would not support the application because she believed it would directly impact the quality of life in surrounding neighborhoods. She said she is concerned when she sees 42 licenses within a one-mile radius. Councilmember Goulet stated that the neighborhood to the west has been trying to stimulate redevelopment and send a message to the community about quality of life in the neighborhood. He said it is naive to say that liquor does not contribute to problems in a community. He stated that he would not support the application. Mayor Scruggs asked if the establishment would revert back to the previous owner if the license was not approved. Mr. Flaaen explained that the State of Arizona Department of Liquor Licenses and Control does not necessarily look at the need of the neighborhood when considering person-to-person transfers because the establishment already exists. He said they look at the quality and character of the individual making the application. He stated that, in most cases, the establishment would revert back to the previous owner. Mayor Scruggs expressed her respect for those who spoke in opposition to the application. She stated, however, that it would be difficult to deny this application when it would simply revert back to the previous owner and continue business as usual. Councilmember Martinez said, although he appreciated the concerns of the neighborhood, he would support the application because it is not a new license. Councilmember Clark acknowledged that the Council has no say in the Liquor License Board's decision. However, she noted that it is important to send them a message. Mayor Scruggs said the message that a recommendation to deny the application would send is that the applicant is unable to run the establishment. She cautioned against sending messages at times when they cannot effect change. She stressed the fact that her support of the application does not diminish her appreciation for what residents in the neighborhood are trying to accomplish. Councilmember Frate voiced his support of the application. He said he hoped the new owner would make improvements to the building's outside appearance. Upon a call for the question, the motion carried by a vote of 5 to 2, with Clark and Goulet voting "nay". 16. LIQUOR LICENSE NO. 3-808 — SUPER CARNICERIA EL GALLITO Mr. Michael Bailey, Regulatory & Communications Manager, presented this request for a new series 10 (off-sale retail, beer & wine) license for Super Carniceria El Gallito, which is located at 6311 West Maryland 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. 17 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. Councilmember Clark pointed out that there are 46 liquor licenses in very close proximity. She asked Mr. Bailey why a portion of the nearby school, which is within 300 feet of the subject location, does not count according to the 300 Foot Rule. Mr. Bailey explained that current law measures from building to building, which, in this case, is 305 feet. He said the fence line would be used if an area of the school property was used for a playground, recreation area, or development area. He noted that the fence line actually measures at 295 feet. He confirmed that Council could consider potential future uses of the school property. Councilmember Goulet asked Mr. Bailey to explain the method by which someone posts an application on a property. He also asked for information about the process the applicant went through to apply for the license. Mr. Bailey said the City posts the property for 20 days. Councilmember Goulet pointed out that trucks parked at the front of the property would obscure the signs from view. He asked if the application is posted anywhere else on the property and what are the dimensions of the signs. Mr. Bailey said the notice is placed on the window. He acknowledged that the notice could be obstructed from view. He said the sign is approximately 20"x24" and no other signs are posted on the property. Councilmember Goulet asked Mr. Bailey when he had become aware that the applicant was intending to apply for this type of license, compared to when construction of the site began. Mr. Bailey said they had received the application after the applicant had undertaken the developmental process and construction of the facility. Mr. Bailey confirmed for Councilmember Martinez that the building already exists. Councilmember Martinez questioned whether a 20"x24" sign would be adequate to inform passersby of the applicant's intent. He stated that, based on comments he had heard and the fact that a Circle K is located next door, he would not support the application Mayor Scruggs opened the public hearing on Item 16. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, cited the number of existing liquor licenses and the criminal activity and blight that already occurs in the neighborhood as reasons not to support the application. She noted that the Planning Department sends letters to residents in the area when it posts a property. She suggested that a similar form of notification would be appropriate for liquor licenses. 18 Ms. Rosilyn Miller, a resident of the City of Glendale Ocotillo District, agreed that postings need to be more apparent. She said she had received notices for zoning changes, but did not receive any notice of the liquor license application. Mr. John Flores, a resident of the City of Glendale Ocotillo District, identified himself as the President of the Ocotillo Rose Neighborhood Association. He said he opposed the application because there are 13 liquor licenses within the boundaries of his neighborhood (Maryland Avenue to Bethany Home Road and 59th to 63rd Avenues). He stated that 63ta and Maryland Avenues are main routes for children on their way to school. He said the building's windows could not be seen until last Sunday because of equipment parked in front of the establishment. Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, said he was totally against the application. He stated that they had experienced numerous problems at that corner. He said the site has inadequate parking and the neighborhood does not need another liquor license. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, cited the school as his main reason for opposing the application. He challenged the Council to make the City's lobbyists at the State Legislature do something about the density of liquor licenses allowed in a given area. He stated that, although he supports small business, family and the quality of life in neighborhoods have to come first. He asked the Council to vote against the application. Mrs. Sharon Hoyle, a resident of the City of Glendale Ocotillo District, said she and her neighbor had been working for three years to get improvements in the area. She said she visited the site earlier in the week and never saw a permit. She expressed her opinion that the area does not need another liquor license and the establishment would serve to undermine their efforts to maintain a middle-class neighborhood. Ms. Marlee Brinkerhoff, a resident of the City of Glendale Ocotillo District, said excessive speed on the street has been a problem and the crossing guards cannot be expected to be responsible for everything. She stated that she opposed the application. Mr. Edward Gonzales, a resident of the City of Glendale Ocotillo District, spoke on the applicant's behalf. He stated that it is a family business. He expressed his opinion that the liquor license would not increase liquor sales in the neighborhood, nor would their clientele come only to purchase liquor. Mayor Scruggs closed the public hearing on this item. Councilmember Clark asked Mr. Gonzales if the establishment was a franchise. Mr. Gonzales responded that it was not. 19 Councilmember Goulet asked Mr. Gonzales how he was involved in the project. Mr. Gonzales explained that he had helped the applicant with the application and was asked to speak on the applicant's behalf. He stated that he had presented similar applications in the past. Councilmember Goulet asked Mr. Gonzales why he did not follow procedure and file a liquor license application prior to starting construction. Mr. Gonzales said the remodeling blueprints had to be submitted before the Liquor Board would consider the liquor license application. Councilmember Goulet asked Mr. Gonzales why he believed another license was needed in the area. Mr. Gonzales said they believed their clientele will be drawn from the existing establishments and that they would not add to the number of liquor purchases in the area. He said liquor is expected to be 10% of their overall sales. Councilmember Goulet asked how much of the establishment would be devoted to liquor or liquor-related products. Mr. Gonzales stated that it would be less than 10% of the business. Councilmember Lieberman noted that the applicant's documentation from a similar establishment does not depict a liquor department. Mr. Gonzales explained that they did not want to include propaganda for a service they had not been approved to offer. It was moved by Goulet, and seconded by Clark, to forward Liquor License Application No. 3-808 for Super Carniceria El Gallito to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Councilmember Lieberman asked that the recommendation reflect the Council's unanimous opposition to the application. Councilmember Martinez said, while he supports small business, he could not support adding a new license to the neighborhood. He again suggested that the Council look into liquor license postings. Councilmember Martinez recognized the fact that the State Liquor Board makes the ultimate decision. He suggested, however, that new applications for off-premises liquor sales be included in the citizen participation ordinance. Councilmember Clark said she supported Councilmember Martinez' suggestion. She stated that it would fit into the citizen participation process. She emphasized the fact that at least three criteria had not been met: (1) the applicant has shown no need or necessity for an additional license at this location; (2) it is detrimental to the neighborhood and will negatively effect the neighborhood quality of life; and (3) the establishment's close proximity to the school could deny the school use of a portion of its property. Councilmember Goulet said it was a quality of life issue. He noted that the subject area is the densest square mile in the City. He said adding another license would only increase problems. He urged the applicants to contact the City early in their planning process. He said he would support improving the means by which residents are informed of liquor license applications. He said it was unfortunate that a number of business applications filed do nothing to add to the neighborhood's quality of life. He 20 urged the Liquor Board to consider the people who live in the neighborhood prior to approving the application. Upon a call for the question, the motion carried unanimously. ORDINANCES 18. ARIZONA PUBLIC SERVICE EASEMENT AT THE PYRAMID PEAK WATER TREATMENT FACILITY Mr. Larry Broyles, City Engineer, presented this item. On December 2, 2001, the Council granted a utility easement to Arizona Public Service Company (APS) at the Pyramid Peak Water Treatment Plant. The easement granted to APS would allow APS to cross a 120-foot area that is owned by the Central Arizona Project (CAP). Prior to Council approval, APS had been verbally assured by CAP that their request for an easement over this area would be approved. However, on December 18, 2001, CAP denied their request. APS has requested that the City realign the current easement in order to accommodate the installation of the powerline around the CAP property. The poles that APS would be installing will be 90 degrees, with approximately a 6-foot diameter. This request consists of granting APS approximately 15 feet of additional easement. APS has agreed to compensate the City an additional $523.76 for the use of this area. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement with Arizona Public Service. Ordinance No. 2245 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY FOR THE INSTALLATION OF POWER LINES AND RELATED FACILITIES AT THE PYRAMID PEAK WATER TREATMENT FACILITY IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2245 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. 21 19. ABANDONMENT OF AN EASEMENT LOCATED AT 79TH AVENUE AND OCOTILLO ROAD Mr. Larry Broyles, City Engineer, presented this item. Core Group, a residential developer has submitted plans to develop Porta Estates, on a 5-acre site located at the southwest corner of 79th Avenue and Ocotillo Road. During initial meetings with City staff, it was discovered that a 25-foot waterline easement, containing an abandoned City waterline, is located along the northern boundary of the property. Core Group has requested that the City grant an abandonment of the easement in order to remove a cloud on their title and to move forward with the project. The appropriate City departments have reviewed the proposed abandonment and have no objections. There are no costs associated with this abandonment. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning an easement located at 79th Avenue and Ocotillo Road. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he would support approval of the item if the City was absolutely certain that the water line would never be needed again. Ordinance No. 2246 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 ABANDONMENT OF A WATER LINE EASEMENT LOCATED AT 79th AVENUE AND OCOTILLO ROAD, GLENDALE, ARIZONA TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2246 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. 20. AGRICULTURAL LEASE ON 20 ACRES OF LAND AT 99TH AVENUE AND CAMELBACK Mr. Larry Broyles, City Engineer, presented this item. In October of 2001, the City acquired approximately 20 acres of land that was being farmed by Gingg Farms. Gingg Farms has requested that the City continue leasing this property to them until the City determines what it proposes to do with the property. There are no immediate plans for the sale or use of this property, which was purchased for the pump station site located at the southeastern corner of the parcel. 22 The lease proposal is for $1 ,500 per acre or $30,000 annually. The term of the lease is three years, ending in December of 2004. There is a clause in the lease allowing the City the option of terminating the lease due to sale, transfer, or development of the property, providing the City gives the lessee six months' notice of its intent. The lease of the property will allow the City to maintain a presence on the property that will discourage trespassing and potential illegal dumping. The lessee will be responsible for the payment of all irrigation fees associated with farming activities and will insure the property with comprehensive public liability insurance. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to enter into an agricultural lease with Gingg Farms. Mr. Leonard Clark a resident of the Cit of Glendale Barrel District, said Gingg Farms appears to be a hard working business that has helped stop trespassing and illegal dumping at 59th and Alice Avenues. Ordinance No. 2247 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 AGRICULTURAL LEASE AGREEMENT WITH GINGG FARMS ON 20 ACRES OF LAND AT 99TH AVENUE AND CAMELBACK ROAD. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2247 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. 21. UPDATING OF SIGNATURE AUTHORITY Art Lynch, Chief Financial Officer, presented this item. The City has authorized signatures for deposit or withdrawal of checks. These authorizations need to be periodically updated due to changes in organization structure. It was recommended that the following individuals be authorized signers, effective immediately: Name Position Signature Authorization Ed Beasley City Manager City Manager Terry Zerkle Assistant City Manager City Manager Chris Zapata Deputy City Manager City Treasurer Pam Oliveira City Clerk City Clerk Art Lynch Chief Financial Officer Assistant City Treasurer Acting City Tax Collector 23 In addition, the City will have the two signatures as required for all checks over $50,000. The Assistant City Treasurer's signature is imprinted by machine and the second signature is signed on the check by hand. This ordinance would authorize the City's bank to honor the above signatures on electronic fund transfers, checks, and drafts. The ordinance also re-affirms the authority of the following signatories pertaining to the non-banking activities of the City. SUPERINTENDENT SIGNATORIES Name Position Signature Authorization Ken Reedy Deputy City Manager, Superintendent of Streets Public Works Larry Broyles City Engineer Assistant Superintendent of Streets The recommendation was to waive reading beyond the title and adopt the ordinance updating signature authority. Ordinance No. 2248 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 DESIGNATED OFFICERS TO DEPOSIT CITY FUNDS IN DESIGNATED BANK; DIRECTING SAID BANK TO RECOGNIZE THE SIGNATURES OF SAID OFFICERS ON ELECTRONIC FUND TRANSFERS, CHECKS FOR DEPOSIT AND/OR WITHDRAWAL; AND DECLARING AN EMERGENCY. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2248 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. BOARDS AND COMMISSIONS 22. BOARDS AND COMMISSIONS Appointments are to be made to the following boards or commissions that have a vacancy or expired term. 24 Effective Term Date Expires Library Advisory Board French, Eleanor (Ocotillo) Appointment 04/13/2002 04/12/2004 Rea, Anna (Barrel) Re-appointment 04/13/2002 04/12/2004 Parks & Recreation Advisory Commission Grosscup, Phyllis (Barrel) Re-appointment 04/09/2002 04/08/2004 Grosscup, Phyllis (Vice-Chair) Appointment 02/26/2002 02/25/2003 Stahl, Scott (Vice-Chair) Appointment 02/26/2002 02/25/2003 Personnel Board Herman, James F. (Chair) Appointment 02/26/2002 02/25/2003 Ojala, Lillie (Vice-Chair) Appointment 02/26/2002 02/25/2003 Butterworth, Stan (Cholla) Appointment 02/26/2002 02/25/2004 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint Eleanor French and Anna Rea to the Library Advisory Board; Phyllis Grosscup and Scott Stahl to the Parks & Recreation Advisory Commission; and James F. Herman, Lillie Ojala, and Stan Butterwroth to the Personnel Board, 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 Joint City Council and Planning Commission Special Workshop session at 4:00 p.m. on Thursday, February 28, 2002, in the Hummingbird Room at the Glendale Foothills Branch Library, 19055 North 57th Avenue; to hold two City Council Workshops at 1:30 p.m., in Room B-3 of the City Council Chambers, on Tuesday March 5, 2002 and Tuesday March 19, 2002, both workshops to be followed by executive sessions pursuant to A.R.S. 38-431.03; and to vacate the regularly scheduled City Council meeting at 7:00 p.m. on Tuesday, March 12, 2002. The motion carried unanimously. 25 CITIZEN COMMENTS Mr. Bud Rouse, a resident of the City of Glendale Sahuaro District, thanked the Council, on behalf of the Ocotillo Homeowners Association, for the Home Depot store at 59th and Peoria Avenues. He said the store has addressed all of the residents' initial concerns. He also thanked Councilmember Frate for attending their neighborhood meetings and for meeting with City staff and their homeowners board to resolve their concerns. He expressed his appreciation to Mr. Gary Fulk, Planning Department Land Use and Design Review Manager, and Mr. Jon Froke, Planning Director, for their assistance. He noted that they were adding palm trees on Mercer Lane to enhance the entrance to their neighborhood. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Council for their efforts in improving the quality of life for Glendale citizens. He asked if the City had any plans for a park on 59th Avenue, between Olive and Northern Avenues. He expressed his appreciation for the City's efforts to keep Luke Air Force Base. He stated that recent events have made it an even more important and vital base. He also thanked the City's Police Department. He stated that the City is very fortunate to have such an experienced police chief. He expressed concern about the cocaine and heroine use epidemic that is spreading from the City of Phoenix into the City of Glendale. He asked the City to do more in terms of intervention and prevention. Mayor Scruggs asked Mr. Warren Smith, Director of Parks and Recreation, to contact Mr. Clark regarding his question concerning a park on 59th Avenue. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark thanked those involved in creating the Parks Master Plan. She stated that it was truly a community effort. She also thanked Mr. Elio Pompa, a captain with the Glendale Fire Department, who invited Councilmembers to attend a mass casualty drill. She said it was amazing to see the level of cooperation between 14 different emergency-aid agencies. Councilmember Goulet thanked Glendale Fire Station #152, located at 6850 West Bethany Home Road, for hosting the previous Saturday's Safe City Open House. He stated that parks are valuable City assets. He noted that the City is in the final planning stages for a very unique 38-acre park to be located at 63`d and Grand Avenues. He said they will continue to work with the Parks Department to renovate existing parks and partner with developers to plan for open space. Councilmember Lieberman reminded everyone that March 12th is election day. Councilmember Martinez thanked the citizens who had participated in last night's neighborhood meeting at Arrowhead Elementary School. He said he had attended a ground breaking ceremony for Phase II Foothills Regional Park and Skunk Creek Linear Park this morning. He thanked Parks and Recreation Department staff and the Parks 26 and Recreation Commission for all of their hard work. He said the skateboard park should be a reality by late summer. Mayor Scruggs reported that Friday, March 1St is Read Across America Day. She encouraged everyone to read with their children. She said Luke Days is scheduled for March 23rd and 24th and the United States Air Force Thunderbirds will perform. She noted that the American Graduate School of International Management (Thunderbird) is hosting WorldPort that same weekend. ADJOURNMENT There being no further business, the meeting was adjourned at 9:15 p.m. Pamela • iveira - City Clerk 27