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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/12/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 12, 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 Zerkie, 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 two resolutions and five ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JANUARY 22 2002 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the January 22, 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. PROCLAMATIONS AND AWARDS BLACK HISTORY MONTH The month of February has been celebrated throughout this country and state as a month to celebrate and recognize the rich history of Black Americans. Their contributions have contributed to the betterment of this society and have been distinguishably carved in the archives of American history. The City of Glendale further celebrates the history of these contributions by its recognition of the Martin Luther King Holiday. Ms. Lillie Ojala, Director of Applications Development, at American Express was present to accept the award. Ms. Ojala is active with the Central Arizona Refugee Ecumenical Services and is a current member of the City's Personnel Board. She is also a past member of the Housing Advisory Commission Mayor Scruggs proclaimed February 2002 as Black History Month and presented the proclamation to Ms. Lillie Ojala, Director of Applications Development, at American Express. Ms. Ojala thanked the Mayor and Council for the recognition. 1 PROCLAIM FEBRUARY AS WHITE CANE MONTH Lions International was founded in Chicago in 1917 and since that time has grown to be one of the world's largest service organizations. The City of Glendale is fortunate to have the Glendale Sunrise Lions Club and the Glendale Evening Lions Club provide services to the community. The Lions have become particularly identified with their efforts on behalf of the blind and their community service activities emphasize sight conservation. In 1927 in Peoria, Illinois, the white cane came to be used as a symbol for the blind and the near blind and the Lions have used this symbol in their fundraising efforts. Mayor Scruggs proclaimed February as White Cane Month and presented the proclamation to Ms. Erlene Glidden, Mr. Virgil Glidden, Mr. Richard Riley, Mr. Arthur Robinson, and Mr. Don Taylor, representatives of the Glendale Sunrise Lions Club. WESTSIDE FOOD BANK DONATION MONTH PROCLAMATION The Westside Food Bank has witnessed Glendale's growth with pride and optimism. However, in recent months Glendale has seen local layoffs and a softer economy. The community is also experiencing a tremendous increase in people requesting help and a dramatic decrease in available funds. The Westside Food Bank provides special programs such as Kids Café, the Senior Brown Bag Program, and the Bridges to Success Program. The Westside Food Bank distributed more than 32.9 million pounds of food last year, valued at nearly $50 million and their volunteers donated more than 175,000 hours, valued at levels beyond description. Mayor Scruggs proclaimed February 2002 as Westside Food Bank Donation Month and presented the proclamation to Mr. David Siegler, Director of Community Relations and Development for the Westside Food Bank. Mr. Siegler thanked the Mayor and Council for the proclamation and presented Mayor Scruggs with a t-shirt. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 , 2, and 3 by number and title. 1. AWARD OF BID 01-38, MISCELLANEOUS WATER FITTINGS Five bids were received to supply the Utilities Operations Division with miscellaneous water fittings for transmission line repairs. The items will be provided on an "as needed" basis. The contract shall begin April 1 , 2002 and continue for a period of one year. The bid specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. 2 The lowest responsive bid was submitted by Fullerform System Inc. Funding is available in the Utilities Operations line supplies budget, Account Numbers 50-6443- 7520 and 50-6444-7520. The recommendation was to award the purchase of miscellaneous water fittings to Fullerform Systems Inc. in the amount $93,750.42, taxes included. 2. AWARD OF BID 01-58, COPPER PIPE Six bids were received to supply the Utilities Department with copper pipe. The copper pipe will be used in various hook-ups and connections throughout the City for the distribution of water. The copper will be provided on an "as needed" basis beginning March 1 , 2002 and continue for a period of one year. The City has been using copper pipe for over ten years in the distribution of water for any new hook-ups. Many older neighborhoods have plastic piping for their water distribution. As repairs are made on those older lines, new copper pipe will be installed. The bid specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years, in one-year increments. The lowest responsive bid was submitted by Hughes Supply. Funding is available in the Utilities Department Operating Budget, Account Number 50-6442-7520. The recommendation was to award the purchase of copper pipe to Hughes Supply in the amount $84,250.55, taxes included. 3. AWARD OF BID, 01-621 FIRE HYDRANTS AND PARTS Two bids were received to supply the Utilities Operations Division with fire hydrants and repair parts. The items will be provided on an "as needed" basis. Some fire hydrants in the City are more than 20 years old and replacement parts are no longer available. For standardization of hydrants and repair parts, the Fire, Utilities, and Engineering Departments have limited the number of manufacturers to four hydrants that are allowed to be installed in the City. For those four manufacturers, there are two main distributors of those hydrants for the Phoenix Metropolitan Area. The contract shall begin April 1 , 2002 and continue for a period of one year. The bid specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. The lowest responsive bid was submitted by US Filter. Funding is available in the Utilities Operations line supplies budget, Account Numbers 50-6443-7520 and 50- 6444-7520. • The recommendation was to award the purchase of miscellaneous water fittings to US Filter in the amount $88,095.21 taxes included. 3 It was moved by Eggleston, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 2 and, 3. The motion carried unanimously. CONSENT RESOLUTION 4. ACCEPTANCE OF ARIZONA STATE LAND DEPARTMENT GRANT FOR ORCHARD GLENN NEIGHBORHOOD During the Spring 2001 neighborhood grants process, the Orchard Glen Neighborhood Association (located in the area of Glendale to Maryland Avenues; 59th to 63rd Avenues) applied for and received a $35,000 grant to fund new neighborhood streetscape and rights-of-way improvement designs. The intent of the design work is to develop a new streetscape theme for the neighborhood and use it as a basis to seek future grant funding for actual construction. In the fall of 2001 , the Community Partnership Department worked with the City Grants Administrator to submit a $25,000 "Urban and Community Forestry Project" grant request on behalf of the Orchard Glen neighborhood. It did so based on the intent of the neighborhood to apply for construction funds to build their new streetscape theme, once design work is complete. Subsequently, the Department was notified by the Arizona State Land Department that the grant request in the amount of $25,000 had been approved. In order to accept this grant, the City must adopt a resolution If approved by the Mayor and Council, acceptance of the grant will permit the Orchard Glen Neighborhood to use it as "matching funds" for the Spring 2002 Neighborhood Partnership Grant request which will be submitted by the Orchard Glen Neighborhood Association. The funds are to be specifically used to pay for the new trees that would be planted on the rights-of-way areas in the Orchard Glen Neighborhood. In the event the neighborhood is unsuccessful in its Spring 2002 Partnership grant request, required matching funds in the amount of $25,000 would come from the City's Grants Administration Match Fund. Formal landscape design, incorporating the tree design, is currently underway and will be completed in time for the neighborhood to apply for a Spring 2002 Neighborhood Partnership grant. The goal of the grant is to encourage community participation in planting the trees as well as an education component concerning their proper care and maintenance. The recommendation was to waive reading beyond the title and adopt a resolution authorizing acceptance of the Arizona State Land Department Grant. 4 Resolution No. 3532 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 SUBMITTAL OF AN APPLICATION AND ACCEPTING THE ARIZONA STATE LAND GRANT FOR THE ORCHARD GLEN NEIGHBORHOOD LOCATED IN THE CITY OF GLENDALE. Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, stated that grants have allowed the Orchard Glen Neighborhood Association to make great progress over the past three years. She noted that they were also working on a grant with the Police Department and the United States Department of Justice. She thanked the Mayor and Council for their support. It was moved by Goulet, and seconded by Frate, to pass, adopt, and approve Resolution No. 3532 New Series. Councilmember Goulet thanked all members of the Orchard Glen neighborhood who actively worked to bring the project forward. Upon a call for the question, the motion carried unanimously. PUBLIC HEARING - LAND DEVELOPMENT ACTION 5. REZONING APPLICATION Z-00-28: 17255 NORTH 61St AVENUE Ms. Tabitha Perry, Associate Planner, presented this request by Phillip Schlief to rezone 2.6 acres from A-1 (Agriculture) to SR-17 (Suburban Residence) located at the southeast corner of Greenbriar Drive and 61st Avenue. The owner(s) intend to split the property into three lots and develop custom homes on each lot. The proposed SR-17 zoning proposes less density than currently shown by the General Plan Land Use Map designation of 2.5 — 3.5 dwelling units per acre. The proposed SR-17 zoning will allow future development that is consistent with the existing development patterns located to the east, south and west. On November 15, 2001, the Planning Commission recommended approval of Rezoning Application Z-00-28, subject to two stipulations. The stipulations require documents of dedication for half-width right-of-way dedication on Greenbriar Drive and that all half-street improvements be constructed. The required street improvements are necessary in order to accommodate traffic generated by this proposal, as well as to eliminate a scalloped street effect in this area. No one, except the applicant, spoke at the Planning Commission public hearing. The recommendation was to conduct a public hearing and approve Rezoning Application Z-00-28, subject to the two stipulations recommended by the Planning Commission. 5 Mayor Scruggs opened the public hearing on Agenda Item No. 5. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to approve Rezoning Application Z-00-28, subject to the two stipulations recommended by the Planning Commission. The motion carried unanimously. BIDS AND CONTRACTS 6. AWARD OF CONSTRUCTION CONTRACT FOR O'NEIL RANCH NEIGHBORHOOD IMPROVEMENT GRANT PROJECT Mr. Erik Strunk, Community Partnerships Director, presented this request for City Council award of a construction contract to J. Banicki Construction Inc., in the amount of $443,483, for the installation of new play equipment, shade structures, handicap ramps, a new "spray" irrigation system (rather than flood irrigation) and access road improvements for O'Neil Community Park located at 65th and Missouri Avenues. This is a collaborative project with joint funding from a neighborhood grant project through the Neighborhood Partnership Program and the City's Parks and Recreation Department. On November 28, 2000, the Mayor and City Council approved a Fall 2000 Neighborhood Grant request in the amount of $249,560.04 from the registered O'Neil Ranch Neighborhood Association to fund the design and construction of park improvements to O'Neil Park. City staff and the project landscape architect worked with representatives of the O'Neil Ranch Neighborhood for approximately eight months in the development of the park equipment and irrigation design for the project. Seven bids were received and opened at 10:00 a.m. on Thursday, December 20, 2001 . J. Banicki Construction Inc., a qualified and licensed contractor, submitted the lowest bid in the amount of $443,483. Funds in the amount of $208,811 .52 are available for the construction of this project in Account Number 01-8968-8330 (Neighborhood Partnership), and $234,671.48 in Account Number 36-8026-8330 (Park Redevelopment). A budget transfer in the amount of $234,671 .48 needs to be made from Account Number 36-8026-8330 (Park Improvements) to Account Number 01- 8968-8330 (Neighborhood Partnership) to facilitate construction payments to the contractor. The recommendation was to approve the fund transfer of $234,671 .48, and award the construction contract to J. Banicki Construction Inc, in the amount of $443,483. In response to Councilmember Clark's question, Mr. Strunk said construction would begin within the next two months. It was moved by Clark, and seconded by Lieberman, to approve the fund transfer of $234,671.48, and award the construction contract to J. Banicki Construction Inc. in the amount of $443,483. 6 Councilmember Clark recognized Jean Pickett, Chuck Christensen, Shawn Bell, Phyllis Miller and Tony Astemborski. She stated that their efforts were instrumental in bringing the project to fruition. Upon a call for the question, the motion carried unanimously. 7. CHANGE ORDER NO. 1 AND FINAL — BETHANY HOME ROAD STREET AND STORM DRAIN IMPROVEMENTS — 67 TO 75 AVENUES Mr. Patrick Thurman, Assistant City Engineer, presented this request for City Council approval of Change Order No. 1 and Final, in the amount of S257,263.86, to the contract with Nesbitt Contracting, Inc., for the Bethany Home Road Street and Storm Drain Improvements — 67th to 75th Avenues. The original contract was awarded to Nesbitt Contracting, Inc. on February 13, 2001 . This change order contains added work that was directed by the City to satisfy a development agreement with the Glendale Union High School District, a council goal of adding sidewalks to areas lacking pedestrian access and to insure the quality and integrity of the new and improved street by preventing trench failures from underground utilities. The additional work was accomplished at the bid unit prices and there were no contractor requested change orders. To ensure the quality and integrity of the new streets, approximately $92,000 was needed for the re-compaction of a waterline trench that was installed in 1987. This trench has slowly settled over the years and has been a continuous maintenance problem. After removing the existing asphalt, it was found that the problem was more extensive than anticipated and required re-compacting almost double the cubic yards of trench, backfill material. Approximately $38,000 was required to replace an old waterline and water service lines that broke after construction had begun and the City directed the contractor to do the replacements as part of the project. A development agreement with the Glendale Union High School District required another $30,000 to be added to the project to pave the roadway in front of the school at the southwest corner of 75th Avenue and Bethany Home Road. Asphalt sidewalk at a cost of $22,000 was added to the west side of 75th Avenue, from Bethany Home Road to Rose Lane, and the north side of Bethany Home Road, from 75th to 73rd Avenues to, satisfy a Council goal for sidewalks to serve the students going to Independence High School at 75th and Maryland Avenues. The remaining $75,000 was an adjustment to final quantities. The amount of this change order is $257,263.86, resulting in a revised contract amount of $2,035,793.01 . Funds in the amount of $38,183.75 need to be transferred from the Water Line Replacement Account Number 50-9249-8300 to the Bethany Home 67th — 75th Account Number 61-8816-8300. The remaining funds in the amount of $219,080.11 are available in Bethany Home 67th — 75th Account Number 61-8816- 8300. Engineering staff reviewed the costs and found them to be fair and reasonable. The recommendation was to approve the transfer of funds and Change Order No. 1 and Final to Nesbitt Contracting, Inc., in the amount of $257,263.86. 7 Mr. Thurman confirmed for Councilmember Clark that the work has been completed. Councilmember Lieberman said he agreed with the change order. He pointed out the fact that it was City mandated. In response to Councilmember Martinez' question, Mr. Thurman explained that "final quantities" reflect minor variances in line items. He noted that the $75,000 represents approximately 3% of the contract. Councilmember Frate stated that he had spoken with Mr. Larry Broyles, City Engineer, and Mr. Broyles explained to him that the change orders were requested by the City and not the contractor. It was moved by Clark, and seconded by Lieberman, to approve the transfer of funds and Change Order No. 1 and Final to Nesbitt Contracting, Inc., in the amount of $257,263.86. The motion carried unanimously. 8. CHANGE ORDER NO. 1 — 2001-2002 RUBBERIZED ASPHALT OVERLAY PROGRAM Mr. Patrick Thurman, Assistant City Engineer, presented this request for City Council approval of Change Order No. 1 to the contract with Nesbitt Contracting Corporation for the 2001-2002 Rubberized Asphalt Overlay Program in the amount of $286,050.47. Additional pavement overlay was added by the City at bid unit costs, in the amount of $217,976.30. Also included in this change order, for an amount of $68,074.17, is the cost of final adjustments to contract quantities including additional pavement markings, utility adjustments, and other bid items necessary to meet field conditions. The total amount of Change Order No. 1 is $286,050.47, resulting in a revised contract amount of $1,703,827.70. There were no contractor requested change orders added to this project. Funds are available for this project in 2001-2002 Street Maintenance Account Number 12-6232-8300. The recommendation was to approve Change Order No. 1 in the amount of $286,050.47. It was moved by Lieberman, and seconded by Martinez, to approve Change Order No. 1 to the contract with Nesbitt Contracting Corporation for the 2001- 2002 Rubberized Asphalt Overlay Program in the amount of $286,050.47. The motion carried unanimously. 8 9. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT- CHOLLA WATER TREATMENT PLANT SOLIDS HANDLING Mr. Craig Johnson, Engineering Project Manager, presented this request for City Council approval of Amendment No. 1 , in the amount of $1,762,932, to the professional services agreement with HDR Engineering, Inc., for the performance of construction management services for the Cholla Water Treatment Plant Solids Handling Facility. On November 14, 2000, the City Council approved the professional services agreement with HDR Engineering, Inc. to perform engineering services related to design and construction for the Cholla Solids Handling Facility. This agreement provided for construction services to be added by amendment, but no scope or fees were established at that time. On January 8, 2002, the City Council awarded the construction contract for this project to Centric/Jones Constructors in the amount of $11 ,495,000. HDR Engineering, Inc.'s construction services will help ensure the integrity of the contractor's work in compliance with the drawings, specifications, design and planning concepts. Their services will include full-time construction inspection of all equipment and materials installed, all project correspondence with the contractor, and coordination and consultation with the City regarding process and quality of work. Additionally, HDR Engineering Inc. will perform the programming and training for the computer system that will provide for the operation of the solids facility and development of an electronic operations and maintenance manual for the facility. This project also provides for the addition of a cul-de-sac at the north end of 47th Avenue, 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 Open House and a Barrel District citizen meeting and were positively received. Citizens will be kept informed through a monthly newsletter which will be provided by the contractor. The cost of Amendment No. 1 is not to exceed $1 ,762,932, for a total contract amount of $3,329,678. Funds for the work to be performed under Amendment No. 1 are available in the 2001-2002 Capital Improvement Program, Utilities Funds, Cholla Solids Handling Facility, Account Number 50-9272-8300. The recommendation was to approve Amendment No. 1 to the professional services agreement with HDR Engineering, Inc. in the amount of $1,762,932. Councilmember Lieberman asked if HDR Engineering was doing the additions. Mr. Johnson explained that HDR Engineering did the designs for the additions, but Centric/Jones will perform the additions. 9 Councilmember Clark asked if the amount should be split between HDR Engineering and Centric/Jones. Mr. Johnson explained that all of the design work was performed by HDR Engineering and their sub-consultants. Councilmember Lieberman asked if the City received a separate bid from HDR Engineering for the additional work. Mr. Johnson responded that the City did not receive a separate bid. Councilmember Lieberman expressed his concern about expending $1 .8 million without going out for bid. Mr. Johnson explained that State law requires the City to select its consultants for professional services through a quality- based selection process. He said the process does not allow the City to ask for number of hours or dollar amounts for the scope of work advertised. He said once the most qualified consultant is identified, the City negotiates a fee for their service. Councilmember Clark asked about the new plant security wall. Mr. Johnson explained that the plant currently has an eight-foot chain link fence. He said plant staff has requested additional security and, in response, the chain link fence will be replaced with a new security wall. Councilmember Clark asked how much it would cost to do the neighborhood improvements. Mr. Johnson stated the cost would not exceed $200,000. Councilmember Frate asked Mr. Johnson to explain the reasoning behind a solids handling facility. Mr. Johnson stated that the solids handling facility was mandated by the Environmental Protection Agency. He explained that the City is no longer allowed to discharge solids back into the canal. He noted that the City of Phoenix has three plants with similar facilities currently operating on the canal. In response to Councilmember Martinez' question, Mr. Johnson explained that the original agreement with HDR Engineering had a provision that the City would award construction administrative services to them in the future. Mr. Johnson confirmed for Mayor Scruggs that it was understood, at the time the original agreement was approved, that they would come back with an amendment to add construction services. Councilmember Lieberman noted that engineering services equals 29.7% of construction. He asked if that was usually the case. Mr. Johnson said it was. He noted that they were 1% over the average of the cost of the City of Phoenix plants. Councilmember Lieberman stated that this was an unfunded mandate, which is costing the citizens of Glendale $14,824,678. Mr. Johnson agreed with Councilmember Lieberman. It was moved by Eggleston, and seconded by Clark, to approve Amendment No. 1 to the professional services agreement with HDR Engineering, Inc. in the amount of $1,762,932. The motion carried unanimously. 10 10. AWARD OF CONSTRUCTION CONTRACT — HIDDEN MANOR SEWER MAIN EXTENSION Mr. Glenn Compton, Senior Civil Engineer, presented this request for City Council award of a construction contract to Miura Contracting, Inc., in the amount of $1,993,131 for installation of sanitary sewers in Hidden Manor. Construction is to be completed within 180 days of the notice to proceed. During the Bond Election held in November of 1999, Glendale citizens approved the sale of $10 million in bonds to install sewers in areas of the City still served by septic tanks. As a result, the Council adopted a resolution at its May 30, 2000 Council meeting to accept the "Sewer Main Extension Program", which outlines the procedures to be used by neighborhoods that wish to install main line sewers to replace existing septic systems. The Hidden Manor Homeowners Association was the first neighborhood group to request that it be included in the sewer main extension program. Hidden Manor is bounded by 75th Avenue, 78th Avenue, Villa Theresa Drive, and Libby Street. A total of 241 lots can be served by the proposed Hidden Manor Sewer Main Extension. At its July 18, 2000 Workshop meeting, the City Council directed staff to proceed with this sewer main extension project, provided the required number of property owners (at least 40%) agreed to connect to City sewer and pay their sewer impact fee. By late October of 2000, approximately 65% of the Hidden Manor property owners had paid their sewer impact fee and agreed to connect to City sewer within one year after sewer installation. On January 23, 2002, six bids were received and opened. The apparent low bid in the amount of $1 ,963,524.50 was submitted by Pierson Construction Corporation, but was later found to be non-responsive and was therefore rejected. The second apparent lowest bid was submitted by Miura Contracting, Inc., in the amount of $1,993,131, and it was found to be responsive. The City's consultant, Burgess & Niple, reviewed the bids and the qualifications of the low responsive bidder and recommended award of the contract to Miura Contracting, Inc. Engineering Department staff agreed with this recommendation. Funds are available for this project in the Fiscal Year 2001-2002 and the Fiscal Year 2002-2003 Capital Improvements Programs Utilities Funds, Sewers for Areas on Septic, Account Number 50-9240-8300. The recommendation was to award the construction contract to Miura Contracting, Inc. in the amount of $ 1,993,131. Councilmember Martinez asked why Pierson Construction Corporation failed to respond. Mr. Compton explained that Pierson Construction discovered a significant calculation error and were deemed non-responsive. 11 Councilmember Clark asked why it took so long to go to bid. She also asked if the sewer impact fee money which had been set aside since October of 2000 had been earning interest. Mr. Compton explained that, prior to selecting a consulting firm to create the design, they spent several months getting 40% of the Hidden Manor property owners to agree to connect to the sewer and pay the impact fees. He said the selection list which was developed during the pre-qualification process should eliminate three to six months from future sewer related projects. Mr. Lynch stated the impact fees were used to offset the cost of constructing and operating the water and sewer project. Vice Mayor Eggleston explained that Hidden Manor was built in Maricopa County several years prior to the existence of the Arrowhead Waste Water Treatment Plant. Mr. Compton agreed with Vice Mayor Eggleston. He noted that the infrastructure included with the Arrowhead Town Center was also needed in order to sewer the area between Bell Road and Union Hills Drive. Vice Mayor Eggleston said the bond was established to help encourage people to hook up to the City's sewer system. Mr. Compton explained that the City's bond program pays for the cost of the sewer in the street and that portion of service that extends from the sewer main to the edge of the right-of-way. He said the property owner is responsible for all onsite work and for properly abandoning the septic tank. He pointed out that Cortez Street, north of Cholla Street, and west to 59th Avenue, was the first area to get sewer under the program. Mayor Scruggs asked what the per lot cost was for hooking up to the City's sewer system. Mr. Compton said Mr. Anderson had estimated it to cost $4,000 to $5,000 per lot. Mayor Scruggs recognized Mr. Frank Eggan, President of the Hidden Manor Homeowners Association. She stated that he has worked very hard to bring City sewer to Hidden Manor. Councilmember Martinez urged viewers of Channel 11, who are currently on septic and are not familiar with the bond program, to contact the City to find out more information. It was moved by Eggleston, and seconded by Goulet, to award the construction contract to Miura Contracting, Inc. in the amount of $ 1,993,131. The motion carried unanimously. 11. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT — HIDDEN MANOR SEWER MAIN EXTENSION Mr. Glenn Compton, Senior Civil Engineer, presented this request for City Council approval of Amendment No. 1 to the professional services agreement with the engineering firm, Burgess & Niple, Inc., in an amount not to exceed $170,250 for construction engineering services during the installation of sewers in Hidden Manor. The period of service covered by this amendment will be 180 days. During the Bond Election held in November of 1999, Glendale citizens approved the sale of $10 million in bonds to install sewers in areas of the City still served by septic tanks. As a result, the Council adopted a resolution at its May 30, 2000 Council meeting to accept the "Sewer Main Extension Program", which outlines the procedures 12 to be used by neighborhoods that wish to install main line sewers to replace existing septic systems. The Hidden Manor Homeowners Association was the first neighborhood group to request that it be included in the sewer main extension program. Hidden Manor is bounded by 75th Avenue, 78th Avenue, Villa Theresa Drive and Libby Street. A total of 241 lots can be served by the proposed Hidden Manor Sewer Main Extension. At its July 18, 2000 Workshop meeting, the City Council directed staff to proceed with this sewer main extension project, provided the required number of property owners (at least 40%) agreed to connect to City sewer and pay their sewer impact fee. By late October of 2000, approximately 65% of the Hidden Manor property owners had paid their sewer impact fee and agreed to connect to City sewer within one year after sewer installation. On March 27, 2001, the City Council approved the professional services agreement with Burgess & Niple, Inc., in an amount not to exceed $242,187, for the preliminary and final engineering design services needed to prepare plans and contract documents for sewers in Hidden Manor. Those services were successfully completed. The amendment includes project administration, resident engineering services, and other construction engineering services needed during installation of the sewers in Hidden Manor. The total amended agreement amount will not exceed $170,250. Funds are available for this project in the 2001-2002 Capital Improvement Program Utilities Funds, Sewers for Areas on Septic, Account Number 50-9240-8300. The recommendation was to approve Amendment No. 1 to the professional services agreement with Burgess & Niple, Inc., in an amount not to exceed $170,250. It was moved by Clark, and seconded by Frate, to approve Amendment No. 1 to the professional services agreement with Burgess & Niple, Inc., in an amount not to exceed $170,250. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSES 12. LIQUOR LICENSE NO. 3-802 — GRAND DRAGON RESTAURANT This was a request for a new series 12 (restaurant) license for Grand Dragon Restaurant, which is located at 4730 West. Olive Avenue. The previous owner operated this business as Hunan Yuan 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. 13 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. 13. LIQUOR LICENSE NO. 3-807 — PASTA POMODORO This was a request for a new series 12 (restaurant) license for Pasta Pomodoro, which is located at 20221 North 67th Avenue, Suite E8. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in the area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department and the County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 12 and 13. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Application No. 3-802 for Grand Dragon Restaurant and Liquor License Application No. 3-807 for Pasta Pomodoro, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 14. AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF GLENDALE TO REQUIRE UNDERGROUND UTILITIES BE PLACED IN CONDUIT Mr. Patrick Thurman, Assistant City Engineer, presented this request for approval of the addition of Section 32.5-9, Conduit Required For Underground Utility Lines, to the City of Glendale Municipal Code Chapter 32.5, Utility Underground Regulations. 14 The City of Glendale does not presently require underground utility lines to be placed in conduit. As a result, some utility companies direct bury their lines. Requiring the use of conduit will reduce the number of street cuts and landscape damage when utility companies have to replace or upgrade their lines. The placement of all utility lines in conduit is consistent with other cities' requirements in the Valley. The recommendation was to waive reading beyond the title and adopt an ordinance amending Section 32.5 of the Municipal Code by adding Section 32.5-9, requiring underground utility lines to be placed in conduit. Ordinance No. 2240 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 32.5 OF THE GLENDALE CITY CODE RELATING TO UNDERGROUNDING OF UTILITIES AND NEW CONDUIT REQUIREMENTS. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2240 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. 15. CITIZENS TRANSPORTATION OVERSIGHT COMMISSION Mr. Jim Book Transportation Director, presented this item. On November 6, 2001, the citizens of Glendale approved a Transportation Package of funding and projects to address Glendale transportation needs. Proposition 402 included a commitment to form a Citizens Transportation Oversight Commission (CTOC) and stated that "the CTOC shall monitor the transportation fund expenditures to ensure that the voter-approved projects in accordance with this measure are completed in a timely and cost effective manner and may recommend adjustments to projects when warranted to serve the best interests of the public". The format and requirements of the Citizens Transportation Oversight Commission, as provided in the attached ordinance, are similar to other commissions established by City Council. The Commission will have 11 members. Appointments will be for two years, except that the length of the first appointments will vary to minimize the number of vacancies occurring in the same period. Openings on this new Commission will be advertised and members of the City Council will make all appointments. The existing Transportation Advisory Commission, which acted in an advisory capacity on transportation issues, would be eliminated and the new Citizens Transportation Oversight Commission will include all duties and responsibilities of the former Transportation Advisory Commission. The Citizens Transportation Oversight Commission will also be directly responsible for monitoring and making recommendations to the City Council on transportation sales tax funded projects and services. 15 The recommendation was to waive reading beyond the title and adopt an ordinance to establish the Citizens Transportation Oversight Commission, as contained in the Transportation Election Package and approved by the voters on November 6, 2001. Ordinance No. 2241 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 2 OF THE GLENDALE CITY CODE BY ESTABLISHING A CITIZENS' TRANSPORTATION OVERSIGHT COMMISSION; AND AMENDING CHAPTER 7 OF THE GLENDALE CITY CODE BY DELETING IN ITS ENTIRETY ARTICLE II (TRANSPORTATION ADVISORY COMMISSION). It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2241 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. 16. ADOPTION OF THE JUDICIAL SELECTION ADVISORY BOARD ORDINANCE Mr. Cecil B. Patterson, Jr., Acting City Judge, presented this item. On December 18, 2001 and January 8, 2002, the City Council met in Workshop session to discuss changes to the ordinance regarding the manner in which judges are appointed, re- appointed, and compensated. It was the recommendation of the Acting Presiding Judge, Mr. Cecil B. Patterson, Jr., and the Acting Court Administrator, Mr. Jim Scorza, to establish a Judicial Selection Advisory Board to aid in this process. The Board would be responsible for seeking and encouraging qualified candidates to apply for vacant positions of judge of the City Court, conducting investigations of candidates' and incumbents' background and qualifications, and making recommendations on appointment or re-appointment to the City Council. This process is consistent with other Valley cities. The Board, subject to the approval of the City Council, would consist of the following seven voting members: (1) the Maricopa County Superior Court Presiding Judge or his designee; (2) an Appellate court judge appointed by the Chief Justice of the Arizona Supreme Court; (3) a member of the Maricopa County Bar Association who shall reside in the City of Glendale and who shall be appointed by the City Council from among the nominees recommended by the Association's Board of Directors; (4) a member of the State Bar of Arizona who shall reside in the City of Glendale and who shall be appointed by the City Council from among three nominees recommended by the State Bar's Board of Governors; and (5) three public members who shall be selected by the City Council who are residents of the City of Glendale and who are not employees of the City of Glendale. The salary of the presiding judge will be set by the City Council. The salary of all city judges will be set at 85% of the presiding judge's salary. In addition, the salary of the presiding judge and city judges will increase during their term of office by the same 16 percentage of increases granted to other city employees that are not dependent on the employee's performance. Further, the salary of all city judges will be increased during their term of office to reflect any adjustments necessary to set the city judges' salary at 85% of the presiding judge's salary. The recommendation was to waive reading beyond the title and adopt an ordinance amending the Glendale City Code as it relates to the method of selecting and compensating city judges at the Glendale City Court. Ordinance No. 2242 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GLENDALE CITY CODE, CHAPTER 13, ARTICLE I, REGARDING THE METHOD OF SELECTING AND COMPENSATING CITY JUDGES; AND ADDING A NEW ARTICLE III CREATING A JUDICIAL SELECTION ADVISORY BOARD. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2242 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. 17. AUTHORIZATION OF NINE POSITIONS TO THE CITY COURT Mr. Jim Scorza, Acting Court Administrator, presented this request to increase the City Court full-time positions by nine. On January 15, 2002, the City Council met in Workshop session to discuss the re-organization of the City Court. The Court, working with the Human Resources Department, created a structure that facilitates the redistribution of certain processes, allowing management to assign specific business processes as primary responsibilities to court personnel. The new structure divides supervision and management into four functional areas. A change in the distribution of workload is needed to facilitate a greater efficiency and accountability. The distribution requires funding of an additional court supervisor and court clerk. The Court utilizes four temporary employees, funded through a grant, to perform ongoing data entry functions at the court. Grant funds for two of these temporary positions will run out in June, requiring authorization of City funding to convert two of these positions into two full-time court clerks. Hourly money is currently utilized to fund two temporary employees to perform collection functions of the Court. The Court would transfer funds from Account Number 01-1410-6020 to Account Number 01-1410-6010 to convert these positions to full-time, adding a collections representative and a court clerk. 17 Currently, a police officer is paid overtime to provide added court security. By adding a full-time officer to the Court budget, the position would be funded at base pay. Funds to pay the officer's salary comes from monies generated by a surcharge that is deposited into a Court revenue account. The Court currently provides interpreting services through an agency in a variety of languages for $45 to $60 an hour. The largest portion of the budget is expended on Spanish interpreters. Converting some of the funds into two full-time Spanish interpreters allows for permanent staffing to provide the much needed service. Ongoing language interpreting funds would be transferred from Account Number 01-1410-7333 to Account Number 01-1410-6010 to cover the expense of the full-time interpreters. As discussed at the January 15, 2002 City Council Workshop, the necessary funding for these positions are already included in the Fiscal Year 2002/2003 budget estimates. The recommendation was to waive reading beyond the title and adopt an ordinance to authorize the increase of full-time employees to the City Court by nine and authorize the transfer of $21,188 from the City's contingency fund, Account Number 01- 2450-7000 to Account Number 01-1410-7330. Councilmember Lieberman asked how much would need to be transferred from the City's contingency fund to pay for the employees next year. Mr. Scorza stated that they would need approximately $180,000. Ordinance No. 2243 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 REORGANIZATION OF THE GLENDALE CITY COURT; AND INCREASING THE AUTHORIZED STRENGTH OF THE GLENDALE CITY COURT BY NINE (9) FULL-TIME POSITIONS. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2243 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. 18. ADOPTION OF THE CITY COURT FEES Mr. Jim Scorza, Acting Court Administrator, presented this item. On January 15, 2002, the City Council met in Workshop session to discuss amending the City Court Security Surcharge Ordinance. It was the recommendation of the Acting Presiding Judge, Mr. Cecil B. Patterson, Jr., and the Acting Court Administrator, Mr. Jim Scorza, to add a default fee and collection fee in order to recover costs incurred by staff performing these functions. It was also recommended that use of the court security surcharge fund be expanded to include technology expenses and other needed improvements to the court. 18 The Budget Office calculated costs associated with staff time spent on activities related to default judgments to determine an appropriate fee. The Court will assess a $45 default fee for each default judgment entered on a civil traffic violation upon failure to appear or failure to pay a civil sanction. The implementation of a default fee allows the City of Glendale to be consistent with all other Valley cities. A city judge may waive all or any part of the fee if the payment of the fee would cause hardship to the defendant. This ordinance also authorizes the Court to recover from a defendant who fails to pay a financial obligation owed to the City Court, any fees and charges assessed by a collection agency, which is used by the Court in attempting to collect delinquent obligations. The collection fees and charges assessed by the collection agency would be added to the defendant's balance due. By amending the ordinance from Security Surcharge to City Court Fees, this authorizes use of the court security account to be expanded not only to pay for security related expenses, but also to pay for technology-related expenses and other needed improvements to the Court. The recommendation was to waive reading beyond the title and adopt an ordinance amending the Glendale City Code as it relates to fees of the Glendale City Court. Ordinance No. 2244 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 13, ARTICLE I, RELATING TO CITY COURT FEES. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2244 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. RESOLUTION 19. CITY COURT FEES Mr. Jim Scorza, Acting Court Administrator, presented this item. It was the recommendation of the Acting Presiding Judge, Mr. Cecil B. Patterson, Jr., and the Acting Court Administrator, Mr. Jim Scorza, to add a default fee for each default judgment entered on a civil traffic violation upon failure to appear or failure to pay a civil sanction. The implementation of a default fee allows the City of Glendale to be consistent with all other Valley cities. The Budget Office calculated costs associated with staff time spent on activities related to default judgments to determine an appropriate fee. 19 In accordance with Glendale City Code, Section 13-9, the Glendale City Court shall assess a $45 default fee for each default judgment entered on a civil traffic violation as a result of a defendant's failure to appear or failure to pay a civil sanction. A city judge may waive all or any part of the fee if the payment of the fee would cause hardship to the defendant. The recommendation was to waive reading beyond the title and adopt a resolution approving fees assessed by the Glendale City Court. Resolution No. 3533 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, SETTING FORTH THE FEES IMPOSED BY THE GLENDALE CITY COURT; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Clark, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3533 New Series. The motion carried unanimously. NEW BUSINESS 20. ASSISTANT CITY JUDGE APPOINTMENT The Honorable Jean L. Baxter was re-appointed to a two-year term as City Judge on April 27, 2001. Ms. Baxter has requested a transfer to an Assistant City Judge position for the remainder of her term. The recommendation was to appoint Ms. Jean L. Baxter to Assistant City Judge for the remainder of her current term. It was moved by Eggleston, and seconded by Clark, to appoint Ms. Jean L. Baxter to Assistant City Judge for the remainder of her current term. The motion carried unanimously. BOARDS AND COMMISSIONS 21 . 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 Commission on Persons with Disabilities Grossman, Stan (Chair) Appointment 02/27/2002 02/26/2003 Flowers, Deborah (Vice-Chair) Appointment 02/27/2002 02/26/2003 20 Effective Term Date Expires Community Development Advisory Committee Turbridy, John (Chair) Appointment 04/01/2002 03/31/2003 Historic Preservation Commission Johnson, Neva (At-Large) Re-appointment 04/13/2002 04/12/2004 Johnson, Neva (Chair) Appointment 04/13/2002 04/12/2003 Library Advisory Board Kultala, Winifred (Cholla) Re-appointment 04/12/2002 04/11/2004 Kultala, Winifred (Chair) Appointment 04/12/2002 04/11/2003 Judith Dewey (Vice-chair) Appointment 04/13/2002 04/12/2003 Parks & Recreation Advisory Commission Jared, Chuck (Cactus) Appointment 04/09/2002 04/08/2004 Trish, David F. (Cholla) Appointment 04/09/2002 04/08/2004 Planning Commission Potocki, Albert (Chair) Re-appointment 03/25/2002 03/24/2003 Bohart, Bob (Vice-Chair) Appointment 03/25/2002 03/24/2003 Lund, Lillian "Mickey" (Barrel) Appointment 03/25/2002 03/24/2004 Arce, Ernie (Sahuaro) Appointment 03/25/2002 03/24/2004 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above to the Commission on Persons with Disabilities, the Community Development Advisory Committee, the Historic Preservation Commission, the Library Advisory Board, the Parks & Recreation Advisory Commission, and the Planning Commission, for the terms listed above. The motion carried unanimously. 21 REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold a City Council Workshop at 1:30 p.m. on Tuesday, February 19, 2002, in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to ARS 38-431.03; and to hold an Executive Session pursuant to ARS 38-431.03 at 9:00 a.m. on Thursday, February 21, 2002 in the 4th Floor Conference Room at City Hall. The motion carried unanimously. CITIZEN COMMENTS No requests to speak were received. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Goulet invited residents of the Heart of Glendale to attend a presentation on the Habitat for Humanity program being held at the Community Center at 11 :00 a.m. on Thursday, February 14, 2002. Councilmember Lieberman stated that, by passage of the ordinances and resolutions, he hoped the City Court will once again be fully functional. Councilmember Frate thanked Ms Ann Chaney, Neighborhood Leader, Brandywine Estates Neighborhood Association, for inviting him to their block party. Mayor Scruggs reminded viewers of the City Safe Open House scheduled for Saturday, February 23, 2002 at Fire Station 152 located at 6850 West Bethany Home Road. ADJOURNMENT There being no further business, the meeting was adjourned at 8:35 p.m. iff# • Pam— •veira - City Clerk 22