Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/9/2002 (5) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, APRIL 9, 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, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Councilmember Steven E. Frate was absent. 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 6c OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the seven resolutions and one ordinance 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 MARCH 26, 2002 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the March 26, 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 PROCLAMATION OF RECOGNITION FOR JULIA NIMLOS Ms. Julia Nimlos, a senior at Ironwood High School, was named one of Arizona's two top youth volunteers by The Prudential Spirit of Community Awards. Julia was one of 28,000 high school and middle school students who submitted applications for the year's program. The Prudential Spirit of Community Award is a nationwide program honoring young people for outstanding acts of volunteerism by Prudential Financial in partnership with the National Association of Secondary School Principals. Julia wrote and implemented a foreign-language curriculum to teach French to elementary school students in her district. Julia's curriculum is being taught in six elementary schools and will be launched through French Clubs in the district's other high schools as well. Ms. Julia Nimlos was not present to receive her proclamation. Mayor Scruggs noted that Ms. Nimlos would be presented with her proclamation at the next Council meeting. 1 PROCLAMATIONS OF RECOGNITION FOR THE CACTUS HIGH SCHOOL BOYS AND GIRLS SOCCER TEAMS The Cactus High School boys and girls soccer teams each claimed the 4A state championship title in a historic day of soccer at Arizona State University. It is the first time in Arizona the same school has won the boys and girls title in the same year. This is the fifth time the Cobras have claimed the state championship and the third time for the Lady Cobras. Mayor Scruggs presented a proclamation to Coach Rob Coombs and members of the Cactus Girls Soccer Team. Coach Coombs thanked the Mayor and Council for the proclamation. He stated that the girls had put in an inordinate amount of time and work to achieve their goals. He noted that the girls were also excellent students, with a cumulative GPA of 3.6. He introduced the members of the team who were present at the meeting. Mayor Scruggs presented a proclamation to Coach Jack Altersitz and members of the Cactus Boys Soccer Team. Coach Altersitz thanked the Mayor and Council and commended the members of the soccer team for their achievement. Mr. Mike Amasio, the Team Captain, presented Mayor Scruggs with a state championship t-shirt. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 7 by number and title. Councilmember Clark requested that Consent Agenda Item No. 5 be heard separately. 1. AWARD OF CONSTRUCTION CONTRACT FOR SWEETWATER ESTATES NEIGHBORHOOD IMPROVEMENT GRANT PROJECT This was a request for City Council award of a construction contract to Terra-Cal Construction, Inc. in the amount of $153,700 for the construction of a new, eight-foot wall and right-of-way landscaping along the west side of 59th Avenue, from Sweetwater Avenue to just south of the Arizona Channel Diversion Canal. The Sweetwater Estates Neighborhood Association began this project when it submitted a successful Fall 2000 neighborhood grant request in the amount of $16,500 to fund its design. As a result, neighborhood representatives worked with City staff and the project architect for approximately ten months to complete the necessary design of the wall and landscape features. Based on the completed design work, the neighborhood was able to submit a Fall 2001 neighborhood improvement grant request to fund the construction of the new wall and landscaping features. On January 8, 2002, the Mayor and City Council approved the grant request to fund the construction in the amount of $177,625. 2 Thirteen bids were received and opened at 11:00 am. on Tuesday, March 19, 2002. Terra-Cal Construction, Inc., a qualified and licensed contractor, submitted the lowest, most qualified bid in the amount of $153,700. Funds in the amount of $153,700 are available for the construction of this project in Account Number 01-8968-8330 (Neighborhood Partnership). In addition to the aesthetic improvements, approval of this construction contact will help resolve a long-standing neighborhood concern by ensuring better privacy and sound mitigation to those residents immediately adjacent to 59th Avenue. It is anticipated that the entire project will take approximately 90 days to construct. The recommendation was to approve the award of the construction contract to Terra-Cal Construction Inc. in the amount of $153,700. 2. AWARD OF BID 01-54, STREET AND AREA LIGHTING MAINTENANCE Three bids were received to provide the Transportation Department with the maintenance of the City's street and area lighting systems. This includes the replacement of lamps and the repair and replacement of streetlight poles, along with occasional new light pole installations in City neighborhoods. This contract is a re-bid of an existing contract which is about to expire. One protest was received. It was reviewed by the City Attorney's Office and was deemed to have no merit. The maintenance of the street and area lighting systems will be provided on an "as needed" basis by issuing work orders for each request. The contract shall begin July 1, 2001 and continue for one year. The 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 Fluoresco Lighting & Signs in the amount of $208,040. Funding is available in the Transportation Department's operating budget, Account Number 12- 6324-7330 and Facilities Maintenance operating budget, Account Number 01-6253- 7330. The recommendation was to award the contract for Street and Area Lighting Maintenance to Fluoresco Lighting & Signs in the amount $280,040. 3. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT — COMPUTERIZED TRAFFIC SIGNAL MANAGEMENT SYSTEM This was a request for City Council approval of Amendment No. 2 to the professional services agreement with the firm of TransCore ITS, Inc. (TransCore) in the amount of $53,754 for engineering services to prepare the design of a computerized traffic signal management system on Bell Road, from 51st Avenue to the Loop 101 Freeway. The total amount of the modified contract is $438,922.80. In the original Request for Proposals for the Traffic Signal Management System, four phases were identified to implement the system. Staff recommended approval of Amendment No. 2 3 to the professional services agreement with the firm of TransCore ITS, Inc. because of their familiarity with the City's existing traffic signal network and the successful completion of the conceptual design (phase 1) and Amendment No. 1. TransCore was selected by a five-member panel, made up of Transportation and Engineering Department personnel. On June 22, 1999, Council approved the original professional services agreement. This agreement provided for the development of the conceptual design of the Traffic Signal Management System. Amendment No. 1 authorized TransCore to proceed with final design, preparation of contract documents, and bidding assistance for the design of the Traffic Management Center, along with the design of a fiber optic communications system on Glendale Avenue, from 43rd to 99th Avenue Avenues, and also on 59th Avenue, from Camelback Road to Union Hills Drive. The work outlined in Amendment No. 1 will soon be completed and TransCore has satisfied the contractual requirements and related requests from the Transportation Department. Amendment No. 2 will authorize TransCore to design the conduit and communications system on Bell Road, from 51s' Avenue to the Loop 101 Freeway. Items included in the scope of this phase include preparing the Design Concept Report for the Arizona Department of Transportation, plan design, and writing the specifications and contract documents in order to bid the project. Bell Road is a major arterial roadway that serves the transportation needs of residents and commuters in the northern area of Glendale. The design of a communications system on Bell Road will allow Bell Road to be connected to the computerized traffic signal management system, which will improve traffic flow on Bell Road. A new solicitation will be conducted for future design phases. The Bell Road communication project is a component of the Intelligent Transportation System program that was included in the Transportation Election Package. The City of Glendale has been awarded $665,000 in federal funding from a Congestion Management Air Quality (CMAQ) grant to install the conduit and fiber optic cable on Bell Road. Contract Amendment No. 2 is necessary for the City to begin the design process in order to obligate the CMAQ funding for Bell Road. Funds in the amount of $53,754 are available in Signal Computerized Account Number 61-9546-8330. The recommendation was to approve Amendment No. 2 to the professional services agreement with TransCore ITS, Inc. in the amount of $53,754. 4. PROFESSIONAL SERVICES AGREEMENT — GLENDALE PUBLIC ART PLAN AND CULTURAL PLANNING OVERVIEW This was a request to enter into a professional services agreement with Carol Goldstein and Marc Pally in an amount not to exceed $93,840 to develop a Public Art Master Plan and a Cultural Planning Overview. The plan will establish policies and 4 procedures for the development and operation of a Public Art and Culture Program that will meet the needs of the community and plan for future growth of the arts in the City of Glendale. This plan, if approved, will be the first Public Art Master Plan established since the adoption of the Arts Ordinance in 1983. On January 17, 2001, a Joint Work Session with the City Council and Arts Commission was held to review the Public Art Program and to consider the future development of a Public Art Master Plan. The City Council was supportive of the Arts Commission's efforts to pursue the development of a Public Art Master Plan. A Request for Qualifications (RFQ) was sent to 120 consultants in early June of 2001. The consultants were asked to submit their qualifications, along with a letter of interest, for developing a Public Art and Cultural Master Plan. Four consultants responded to the RFQ. A five-member review panel, consisting of representatives from the Arts Commission and staff from Parks and Recreation, Public Art, and Engineering Departments, discussed and ranked the four submittals. The two highest rated firms were invited for oral interviews, which resulted in the unanimous selection of Carol Goldstein and Marc Pally. Ms. Goldstein is an urban planner and consultant to public and non-profit sector clients in public art and cultural planning. Ms. Pally is a public art consultant, public artist, and curator. The scope of work includes a review and assessment of the current public art program and policies together with one-on-one meetings with the Mayor and members of the City Council, meetings with City staff, the Arts Commission, and interested parties, and meetings with the general public. The final adopted master plan will be presented to the public in an open forum. This project will be funded by the Municipal Arts Fund, Account Number 70- 9700-8800. The Municipal Arts Fund has a current balance of $551,206. The recommendation was to approve the professional services agreement with Carol Goldstein and Marc Pally in an amount not to exceed $93,840. 6. PURCHASE OF ASPHALT DISTRIBUTION TRUCK The Streets Division is in need of a new asphalt distribution truck for the application of liquid asphalt on streets required for efficient street maintenance throughout the City. The new truck will replace a fifteen-year old vehicle which is scheduled for replacement. The normal life-span for this type of equipment is approximately eight years. Lake Havasu City Council recently awarded Invitation for Bid (IFB) STR-01-06 to Freightliner Arizona for the purchase of one asphalt distribution truck. Lake Havasu City, and its successful bidder have granted permission to the City of Glendale to purchase one truck at the same price and terms. The truck is new and has a full factory warranty. The IFB was competitively responded to by four large dealers from the 5 Phoenix metro area, and staff does not believe the City of Glendale would receive better pricing by issuing a new bid for a single unit. The manufacturers of both the asphalt distributor equipment, and truck chassis have experienced price increases on this model, but have agreed to waive the increases for this individual purchase. Originally funding was included in the Street Cleaning budget for a new PM-10 • certified street sweeper. The City has been notified by the Maricopa Association of Governments that the City has been awarded grant funds for two street sweepers. Because the asphalt distribution truck is critical to the City's pavement management programs, staff was requesting that the funds previously identified for a street sweeper be used for the asphalt distribution truck. Funding is available in the Street Cleaning budget, Account Number 12-6233- 8400. The recommendation was to approve the purchase of one new asphalt distribution truck to Freightliner Arizona in the amount of $120,789.16, taxes included. 7. FINAL PLAT APPLICATION FP-01-08: RIVIERA DRIVE ESTATES, 11850 NORTH 55TH AVENUE This was a request by Lemme Engineering, Inc. for Mr. Don R. Smith for final plat approval for a subdivision titled Riviera Drive Estates. The site is located approximately 650 feet south of the southwest corner of 55th Avenue and Cactus Road. The subdivision includes 12 irrigated single-family lots on 6.2 acres, at a density of 1.9 dwelling units per gross acre. Lots sizes vary from 17,026 square feet to 18,057 square feet, with an average lot size of 17,229 square feet. The proposed minimum lot width is 110 feet and the proposed minimum lot depth is 130 feet. The final plat is consistent with the General Plan, the SR-17 (Suburban Residence) zoning on the property and the preliminary plat. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application FP-01-08. CONSENT RESOLUTIONS 8. SECTION 401(a) DEFINED CONTRIBUTION RETIREMENT PLAN In addition to the City's current 457 Plan, Section 401 (a) of the Internal Revenue Code allows local governments to offer a Defined Contribution Retirement Deferred Compensation Plan ("401A Plan") to employees. A 401A Plan would add a valuable additional retirement planning option to our employees. The benefits of a 401A Plan include being able to save on a pre-tax, annual basis $40,000 or 25% of gross pay, whichever is lower. This is in addition to the $11,000 allowed under the 457 Plan, 6 provided the total between the two remains under the 25% of gross pay cap. The other benefits of a 401A Plan include the ability to roll the Plan into an Individual Retirement Account or other Qualified Retirement Plans upon leaving City service, revocable withdrawal decisions, and the ability for employees to take loans against their balances. This plan can be established at no cost to the City. In addition, strong savings result in a strong economy. Many City employees currently contribute the maximum amount to the City's 457 Deferred Compensation Plan. This report proposes to add another retirement savings plan to allow additional savings over and above the current cap for City employees under the Deferred Compensation Program. The City currently offers its employees a Deferred Compensation Plan ("457 Plan"), authorized by Section 457 of the Internal Revenue Code, to assist them in saving for retirement. While the City does participate in several State retirement plans, many employees choose to supplement their retirement funds by participation in the Deferred Compensation Plan. Many employees have a real need to save for retirement to ensure they will have sufficient funds to meet their retirement needs, or at least meet the guidelines recommended by the financial planning community. For this reason, many of the City's employees are currently saving the maximum allowed under the 457 Plan laws. Current law allows employees to save on a pre-tax, annual basis $11,000 or 25% of their gross pay, whichever is lower. The City has a very successful Deferred Compensation Program. There are many reasons for this, such as the quality of its providers, the dedication and enthusiasm of the providers' local representatives, as well as the overall sophistication and informed nature of the City's employees. For these and other reasons, there is a need for the City to offer its employees more choices and options to save. There are many mutual benefits to both the City and its employees by offering a 401A plan. This provides yet another benefit and incentive for employees. By helping employees better plan and save for retirement, the City strives to eliminate the stress over these issues that can negatively affect its workers both on the job, and in their private lives. In addition, by providing an opportunity for City employees to have more income in their retired years, the City reduces the chance that they will require public services and increase the income they contribute to the economy. The recommendation was to waive reading beyond the title and adopt a resolution that establishes an Internal Revenue Code section 401(a) Defined Contribution Retirement Deferred Compensation Plan document for the City of Glendale as administered by ICMA Retirement Corporation and Nationwide Retirement Solutions (PEBSCO). 7 Resolution No. 3543 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ESTABLISHING AN INTERNAL REVENUE CODE SECTION 401(A) DEFINED CONTRIBUTION RETIREMENT DEFERRED COMPENSATION PLAN FOR THE CITY OF GLENDALE AS ADMINISTERED BY ICMA RETIREMENT CORPORATION AND NATIONWIDE RETIREMENT SOLUTIONS (PEBSCO). 9. HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) — MARICOPA COUNTY CLANDESTINE LAB TASK FORCE OVERTIME AGREEMENT In May of 1999, the Drug Enforcement Agency (DEA), in conjunction with the High Intensity Drug Trafficking Area (HIDTA) Task Force, formed a statewide multi- agency clandestine lab task force. This task force is intended to disrupt the illicit manufacturing of narcotics and dangerous drugs in the State of Arizona by immobilizing targeted clandestine laboratory violators and organizations involved in the manufacturing of illegal drugs. The task force is comprised of officers from Valley law enforcement agencies and DEA has requested that the Glendale Police Department continue to participate by dedicating one officer to this endeavor. The Pima County Sheriff's Office will be reimbursing participating agencies up to $9,594 in overtime costs for the officer assigned to the unit. Council action was taken on November 27, 2001 to enter into an agreement with Maricopa County for the salary costs of the officer assigned to the task force. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an agreement between the City of Glendale and the Pima County Sheriff's Office for the reimbursement of overtime for an officer dedicated to the task force. Resolution No. 3544 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PIMA COUNTY SHERIFF'S OFFICE AND THE HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) TASK FORCE FOR THE REIMBURSEMENT OF SALARY COSTS FOR AN OFFICER ASSIGNED TO THE MARICOPA COUNTY CLANDESTINE LAB TASK FORCE. 10. ACCEPTANCE OF A DEPARTMENT OF JUSTICE, NUNN-LUGAR-DOMENICI EQUIPMENT GRANT The federal Nunn-Lugar-Domenici Domestic Preparedness Program has awarded the City of Glendale Fire Department $310,000 in grant funding, to administer and purchase domestic preparedness Weapon of Mass Destruction training equipment. 8 In planning for the procurement of this equipment, members of Glendale's Fire and Police Departments collaborated with other public safety and allied health agencies in the area to identify equipment and training needs. The Departments also coordinated this equipment request with neighboring mutual aid jurisdictions to ensure that their Weapon of Mass Destruction training and operational needs are addressed. The grant includes funding for training equipment purchases and administrative costs that will be incurred during the implementation of the program. No matching funds are required. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the acceptance of grant funds from the Department of Justice Nunn-Lugar- Domenici Program in the amount $310,000 for Fiscal Year 2001/2002. Resolution No. 3545 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE TO PURCHASE SPECIALIZED EQUIPMENT FROM THE FEDERAL NUNN-LUGAR-DOMENICI PREPAREDNESS PROGRAM. 11. ACCEPTANCE OF A DEPARTMENT OF JUSTICE GRANT FOR DOMESTIC PREPAREDNESS The Office of Justice Programs is providing funds to Arizona state and local emergency response agencies, via Maricopa County, to purchase specialized equipment to enhance their capability to respond to man-made disasters. The Maricopa County Department of Emergency Management has recommended to the State of Arizona, and the Department of Justice, that the City of Glendale receive a domestic preparedness equipment grant totaling $240,000 for Fiscal Year 2000-2001. Funding is provided for the purchase of specific equipment in four authorized categories: Personal Protective Equipment, Communications Systems, Decontamination and some Pharmaceuticals, and Detection Devices. The grant will be used to purchase equipment for police, fire, emergency medical services, and hazardous materials responders. There are no matching funds required. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the acceptance of a domestic preparedness equipment grant from the U.S. Department of Justice, administered through the State of Arizona and Maricopa County, to increase domestic preparedness. 9 Resolution No. 3546 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE TO PURCHASE SPECIALIZED EQUIPMENT TO INCREASE DOMESTIC PREPAREDNESS. 12. CONTRACT WITH U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES TO DEVELOP A METROPOLITAN MEDICAL RESPONSE SYSTEM The United States Department of Health and Human Services is contracting with cities nationally to help them develop a response plan, and enhance their capability to respond to medical emergencies resulting from a chemical, biological, explosive or nuclear terrorist event in their community. The City of Glendale has been identified as one of twenty-four cities selected for funding in the current fiscal year. By contracting with the U.S. Department of Health and Human Services to develop the Metropolitan Medical Response System (MMRS), Glendale will receive funding for training and equipment specific to the mitigation of a medical emergency from a Weapon of Mass Destruction incident. Through this MMRS contract, Glendale will receive support in planning and developing the system, in training effected personnel and in purchasing equipment and pharmaceuticals. Special emphasis will be placed on developing a comprehensive MMRS that will include surrounding jurisdictions, and collaboration with existing public health bio-terrorism programs. Total funding for the first fiscal year is $400,000, with an option of an additional $200,000 the following fiscal year. No matching funds will be required. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the acceptance of a U.S. Department of Health and Human Services contract for the development of a Metropolitan Medical Response System. Resolution No. 3547 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A CONTRACT WITH THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES TO DEVELOP A METROPOLITAN MEDICAL RESPONSE SYSTEM. 13. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF AVONDALE FOR THE USE OF THE CITY OF GLENDALE MUNICIPAL LANDFILL This was a request to enter into an intergovernmental agreement (IGA) with the City of Avondale for the use of the City of Glendale Municipal Landfill for disposal of the City of Avondale's residential refuse and recyclables. The existing IGA with the City of Avondale for landfill services will expire on June 30, 2002. 10 The Budget Office calculated the costs associated with providing disposal services for refuse tipped at the City's landfill to determine the appropriate cost- recovery fees. Terms of the agreement include an initial three-year term, with an option to renew six times for subsequent three-year terms. The first three-year term of the IGA will commence on July 1, 2002. The tipping fee for refuse will be $24.00/ton (includes the $0.25/ton ADEQ tax). The refuse tipping fee is subject to an inflationary adjustment beginning on July 1 , 2005, with additional adjustments every three years thereafter. The City will not be charging a tipping fee for recyclables in exchange for receiving all revenue generated from the sale of the Avondale recyclables. There will not be a tipping fee for the introductory three-year period of the IGA because the MRF currently has capacity during its one shift to handle additional tonnage at only a marginal increase in costs because of supplies like baling wire. The tipping fee for recyclables is subject to renegotiation, with a new fee to become effective on July 1, 2005. The City of Avondale plans to implement a curbside recycling collection program within the next 12-18 months. City of Avondale residents will be charged $10.00 for one self-haul load, up to 2,000 pounds, every thirty calendar days. After that one self-haul load per every thirty calendar days, the Avondale resident will be charged the posted gate rate, which is currently $26.25/ton (includes the $0.25/ton ADEQ tax) for refuse and $16.50/ton (no ADEQ tax on this item) for woodwaste. All appliances containing Freon will be assessed a separate fee to cover the landfill's cost of Freon removal. Currently, Freon removal costs $5.00/unit for refrigerators and $8.00/unit for air conditioners. The Freon removal fee is subject to change at any time to reflect the market cost of this contracted service. This intergovernmental agreement benefits the City of Glendale by providing more paid tonnage across which landfill operational and capital costs can be spread. The City of Avondale is on pace this fiscal year to bring about 28,000 tons to the Glendale landfill. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute the intergovernmental agreement with the City of Avondale regarding the use of the City of Glendale Municipal Landfill for disposal of the City of Avondale's residential refuse and recyclables. Resolution No. 3548 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF AVONDALE TO PROVIDE LANDFILL SERVICES FOR THE CITY OF AVONDALE. 11 14. NOTICE OF MAY 21, 2002 GENERAL ELECTION State law provides that the City Council of a municipality may adopt and publish a Notice of General Election. This notice contains important information regarding the General Election, including a list of polling places. The Notice of General Election is published twice in the Glendale Star, the City of Glendale's official newspaper, in both English and Spanish. There are two versions of the May 21, 2002 Notice of General Election resolution. The reason for providing two versions is the uncertainty of whether Proposition No. 101 will appear on the ballot. There is current litigation going on with regard to this proposition. Although the Council will approve only one of the resolution versions, it is necessary to be ready to go with either version in order to meet statutory requirements relating to noticing such election. Due to this litigation, the City is planning to print two versions of the ballot and publicity pamphlet. One version contains both Proposition Nos. 100 and 101. The other version contains only Proposition No. 100. The recommendation was to waive reading beyond the title and adopt a resolution giving notice of the City of Glendale General Election to be held on May 21, 2002. Resolution No. 3549 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, PROVIDING NOTICE OF THE GENERAL ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR COMPENSATION; PROVIDING FOR A PROPOSED AMENDMENT TO ARTICLE IX OF THE CHARTER OF THE CITY OF GLENDALE RELATING TO BALLOT TABULATION BY AN INITIATIVE OF THE PEOPLE. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14, including the approval and adoption of Resolution No. 3543 New Series, Resolution No. 3544 New Series, Resolution No. 3545 New Series, Resolution No. 3546 New Series, Resolution No. 3547 New Series, Resolution No. 3548 New Series, and Resolution No. 3549 New Series. The motion carried unanimously. 5. VISUAL IMPROVEMENT PROGRAM AGREEMENTS Mr. James Mason, Redevelopment Manager, presented this item. In July of 2001 , pursuant to City Council direction, the Paint, Pave Plant and Sign Program was combined with the Downtown Façade Program to form the Commercial Visual Improvement Program. The Commercial Visual Improvement Program assists in the 12 improvement of commercial or industrial properties by offering a rebate of up to 50% of any qualified improvement costs. All commercial or industrial properties in the City's Redevelopment District, and all commercially-zoned properties in the City of Glendale over 15 years of age, are eligible for assistance. Improvements to the façades of buildings, permanent landscaping, parking facilities and other external improvements are permitted. The objective of the program is to encourage commercial and industrial property owners and long-term tenants to reinvest in and renovate their properties so as to improve the aesthetic nature of the property and to bring properties up to current building and property code standards. Incentives to program participants are in the form of cash rebates up to a maximum of 50% of eligible pre-approved improvement costs. The Economic Development Department has been working with several redevelopers and business owners on the redevelopment of under-performing commercial sites in Glendale. Staff has approved several small projects this fiscal year, which total $14,735. Four applications for major redevelopment projects will require City Council approval for reimbursement: • Glendale Central Center (northeast corner of 54th and Glendale Avenues); total investment is estimated at $378,540. • Knaack Insurance (southeast corner of 55th Drive and Glendale Avenue); total investment is estimated at $450,792. • GLC Glendale Holdings (southwest corner of 51St and Glendale Avenues); total investment is estimated at $477,000. • Mark Mitsubishi (4434 West Glendale Avenue); total investment is estimated at $356,332. The four projects are following required City procedure and are working with the Planning or Building Safety Departments on design review and construction document review. Through discussions with the property owners concerning project costs, staff determined what each owner needs financially to develop a successful project. Also staff has taken into consideration the fund balance and requests for applications by property owners for smaller projects that may request assistance this fiscal year. Staff recommended that the four major projects receive reimbursement approval in the following "not to exceed" amounts contingent upon completion of the required design review process and submittal of paid receipts. Knaack Insurance $180,000 Glendale Central Center $168,000 Glendale Holdings $100,000 Mark Mitsubishi $120,000 Total: $568,750 13 Currently the balance in the Visual Improvement Program fund is $616,447.65. Encumbrance of $568,750 in the project fund (Account Number 8922-01-8320) will leave a balance of $47,697.65 to be available for smaller projects which may make application before the end of this fiscal year. The recommendation was to authorize the City Manager to enter into the four agreements for reimbursement from the Visual Improvement Project fund (Account Number 8922-01-8320). Councilmember Clark asked what the applicants' total investments would be as compared to that of the City. She also asked how the City had arrived at the amount each applicant would receive. Mr. Mason explained that the amount requested by the applicants is balanced against the amount available in the fund. Councilmember Clark stated that she supported the Mitsubishi and State Farm Insurance projects. With regard to Glendale Central Center and Glendale Holdings, she asked what guarantee the City had that the applicants would not re-lease their property to the thrift store at the end of the three years. Mr. Flaaen stated that he had not seen the exact agreement. He noted, however, that a revision that would limit or dictate the type of tenant would not be permissible. Councilmember Clark said two of the projects were extremely attractive, but she did not like or support the other two. She said, for that reason, she would have to vote against the item. Councilmember Lieberman expressed his opinion that improvements are desperately needed at 54th and Glendale Avenues. He said 51st and Glendale Avenues acts as a second entrance into downtown Glendale and should be enhanced and improved. He said he was excited about all four projects. It was moved by Eggleston, and seconded by Goulet, to authorize the City Manager to enter into Visual Improvement Project agreements with Knaack Insurance in an amount not to exceed $180,000, Glendale Cultural Center in an amount not to exceed $168,000, GLC Glendale Holdings in an amount not to exceed $100,000, and Mark Mitsubishi in an amount not to exceed $120,000, representing reimbursement from the Visual Improvement Project fund for major redevelopment projects. Councilmember Goulet said it would be shortsighted to vote against the item because all four projects will be good for Glendale. He stated that the projects will stimulate redevelopment of the area, and, for that reason, he strongly supported them. Councilmember Martinez stated that he, too, strongly supported the projects. Mayor Scruggs explained that the item was placed on the consent agenda because it was previously discussed at Council workshop. Upon a call for the question, the motion carried, with Clark voting "nay". 14 BIDS AND CONTRACTS 15. 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 Calyber Contracting in the amount of $1,973,884 for installation of sanitary sewers in Hidden Manor. On February 12, 2002, the City Council awarded the Hidden Manor Sewer Main Extension construction contract to Miura Contracting, Inc. On February 23, 2002, the President and major owner of Miura Contracting, Inc., Mr. Wayne Moldenhauer, was killed in an accident. Representatives of Miura contacted City staff and indicated that without Mr. Moldenhauer, they were not confident that Miura could successfully complete the Hidden Manor project. Subsequently, on March 26, 2002, the City Council rescinded the construction contract with Miura Contracting, Inc. Concurrently, the Hidden Manor Sewer Main project was advertised for re-bidding. On March 21, 2002, four bids were received and opened. The lowest was submitted by Calyber Contracting, in the amount of $1,973,884, which is approximately $20,000 lower than the Miura bid received in February. The City's consultant, Burgess & Niple, reviewed the bids and the qualifications of the low bidder and recommended award of the contract to Calyber Contracting, a responsive and responsible bidder. Engineering Department staff agreed with this recommendation. The spread between the four bids (30.45%) is less than the spread between the six bids received in February (41.88%). Also, three of the four bidders submitted bids in February, and all three bidders submitted lower bids in March than they did in February. Since the project plans were not changed from the bid in February, it is likely that the lower bids indicate a slow period in the construction industry. Funds are available for this project in the Fiscal Year 2001-2002 and 2002-2003 Capital Improvements Program, Utilities Funds, Sewers for Areas on Septic, Account Number 50-9240-8300. Construction is to be completed within 180 days of notice to proceed. The recommendation was to award the construction contract to Calyber Contracting in the amount of $ 1,973,884. It was moved by Clark, and seconded by Eggleston, to award the construction contract to Calyber Contracting in the amount of $ 1,973,884. The motion carried unanimously. 15 16. AWARD OF CONSTRUCTION CONTRACT — CATLIN COURT PHASE V DEVELOPMENT Mr. William Passmore, Associate Civil Engineer, presented this request for City Council award of a construction contract to JMH Co. in the amount of $121 ,684.56 for the construction of improvements to the historic Catlin Court area bounded by Palmaire to Myrtle Avenues and 57th to 59th Avenues. The improvements will be constructed on Myrtle and 57th Avenues. This is a continuing project, started in 1991 and funded alternating years, for the enhancement of the streetscape in the Catlin Court area. The completion of the streetscape improvements will likely require two more phases. The improvements include brick paver sidewalk headers, landscaping, irrigation systems, electrical receptacles, and new pedestrian lights. To ensure that the construction costs would not exceed the budget for this project, one Add Alternate was included in the bid schedule. Add Alternate No. 1 is for the installation of brick paver sidewalk headers in the section on Myrtle Avenue between 58th Drive and 59th Avenue. Ten bids were received and opened at 2:00 p.m. on Thursday, March 7, 2002. JMH Co., a qualified and licensed contractor, submitted the lowest bid, which includes the base bid and Add Alternate No. 1 in the amount of $121 ,684.56. Engineering staff reviewed the bids and recommended award of the bid to JMH Co., a responsive and responsible bidder. The number of bids and variance in bid amounts for a project of this nature typically indicates a slow period in the construction industry. JMH Co. has performed work on a previous phase and has a good understanding of the work required. Funds to cover the cost of this project are available in Catlin Court Account Number 62-9558-8330. The recommendation was to award the construction contract to JMH Co. in the amount of $121,684.56. Councilmember Lieberman recommended that staff update the aerial photos. He noted that the current aerial photos do not show the City of Glendale Civic Center. It was moved by Lieberman, and seconded by Martinez, to award the construction contract to JMH Co. in the amount of $121,684.56. The motion carried unanimously. 17. AWARD OF PROPOSAL 01-57, ARTICULATING LOADERS Mr. Stuart Kent, Deputy Director of Field Operations, presented this item. Three proposals were received to supply the City with three replacement articulating loaders. 16 Two units will be used in the Streets Division for loading material at City facilities, as well as excavation for City-wide projects. The third unit will be used at the Materials Recovery Facility (MRF) for receiving incoming material from the curbside recycling program and as a back-up for the woodwaste operation. All equipment is new, with a full-factory warranty. The individual price for the two Streets Division loaders is $122,219, the MRF loader is $208,918. All unit prices are pre-tax and prior to trade-in. There is no sales tax added to the purchase of the MRF loader due to its manufacturing classification. The MRF loader is a larger unit than the Streets loader, and also is equipped with a waste handler arrangement developed specifically for use in transfer stations and recycling centers. The proposal included options for the trade-in of three City owned loaders scheduled for replacement. The 1979 and 1986 Streets Division loaders and the 1993 MRF loader have trade-in values of $5,000, $10,000, and $45,000 respectively, which was applied to the overall purchase price of each machine. The MRF loader has approximately 12,000 operating hours. The standard replacement time for a loader in this type of environment and of equal size is 7,500 hours. An evaluation panel, consisting of staff from Equipment Management, the Materials Recovery Facility, and the Streets Division, reviewed the offers received using specific evaluation criteria, which included compliance with specifications, cost, warranty, and delivery schedule. The offer scored highest by the evaluation panel was submitted by Empire Machinery. The proposal contains an option clause that permits the City, at the discretion of the City Manager, to purchase an additional three loaders at the same terms and conditions, within one year of receipt of the original order, and additional units at mutually agreed upon prices any time within two years of the City Council award. Funding for the Streets Division loaders in the amount of $243,892.60 is available in the Vehicle Replacement Fund, Account Number 41-6255-8400. Funding for the MRF loader in the amount of $163,918 is available in Landfill MRF Operations Lease Purchase-Loader Account Number 55-6275-08400. The recommendation was to award the purchase of the three articulating loaders to Empire Machinery in the amount of $407,810.60, taxes and trade-in values included. Councilmember Lieberman asked if the City had $407,810.60. Mr. Kent stated that the Landfill Division of the Facilities Management Department did not have the funds, but other departments in the City could purchase at the same price. It was moved by Lieberman, and seconded by Clark, to award the purchase of the three articulating loaders to Empire Machinery in the amount of $407,810.60, taxes and trade-in values included. The motion carried unanimously. 17 PUBLIC HEARING - LIQUOR LICENSES 18. LIQUOR LICENSE NO. 3-810 FOOD CITY NO. 20 This was a request for a location transfer of a series 9 (off-sale retail, all liquor) license for Food City No. 20, which is located at 4335 West Glendale Avenue. Food City currently holds a series 10 (off-sale retail, beer and wine) license at this location. The approval of this license will not increase the total number of liquor licenses in this area. If the series 9 license is approved, the series 10 license will be cancelled. Food City's series 9 license that it requests to transfer is currently located in Chandler. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning 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. 19. LIQUOR LICENSE NO. 3-811 VIETNAM RESTAURANT This was a request for a new series 12 (restaurant) license for Vietnam Restaurant, which is located at 5850 North 43rd Avenue. The previous owner operated this business as Pearl Korean 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. 20. LIQUOR LICENSE NO. 3-812 NITE OWL TAVERN This was a request for a person transfer of a series 7 (on- & off-sale retail, beer & wine) license for Nite Owl Tavern, which is located at 6162 North West. Grand 18 Avenue. The previous owner operated this business as the Nite Owl Tavern and held a series 7 (on- & off-sale retail, beer and wine) 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 a recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Numbers 18, 19 and 20. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-810 for Food City No. 20, No. 3-811 for Vietnam Restaurant, and No. 3-812 for Nite Owl Tavern, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCE 21. AUTHORIZATION OF NEW POSITIONS FOR COYOTES ARENA AND SURROUNDING MIXED-USE DEVELOPMENT Ms. Deborah Mazoyer, Building Safety Director, presented this item. Staff was requesting City Council authorization of eleven new positions to ensure the timely and efficient plan review and inspection of the Coyotes Arena and the surrounding mixed- use development. These positions will be fully funded by revenues from the permit and plan review fees collected from the development on this site. Eight of the positions are for the Building Safety Department, two are for the Fire Department, and one is for the Finance Department. The positions will be limited to three years. Staff will review the workload of the project after three years and make recommendations to the Council on future staffing needs. Employee agreements shall include a clause for the City to terminate employment within 30 days upon notification, should anticipated development activity not meet expected workload expectations. The first five positions listed will be hired during this fiscal year, with the remaining six positions to be hired during fiscal year 2002/03. The eleven new positions requested are as follows: Specialist Inspector-Electrical — This position will perform both the electrical plan review and inspection for this project. Yearly salary cost: $56,783. 19 Specialist Inspector-Mechanical/Plumbing — This position will perform both the mechanical/plumbing plan review and inspection for this project. Yearly salary cost: $56,783. Specialist Inspector-Structural — This position will perform the architectural, life safety and ADA inspection for the project. Yearly salary cost: $56,783. Plans Examiner — This position will perform the architectural, life safety and ADA (Americans With Disabilities) plan review for the project. Yearly salary cost: $58,204. Structural Plans Examiner — This position requires a registered structural engineer and will perform the structural plan review and assist the inspectors in resolving complex structural issues in the field. Yearly salary cost: $65,850. Development Plans Technician - This position would assist in the routing and tracking of the construction plans for the hockey arena and its related 600,000 square feet of development. Yearly salary cost: $50,189. General Inspector/Tenant Improvements — This position will allow the Building Safety Department to dedicate a tenant improvement inspector to the arena and surrounding development. Yearly salary cost: $51,448. Cross Connection Control Specialist — This position will perform both the cross- connection plan review and inspection for this project. Yearly salary cost: $61,152. Two Fire Inspectors — These positions will track, inspect and witness the testing of all fire protection systems and features of the arena and surrounding commercial development, as well as all tenant improvements within the project. Yearly salary cost: $62,682. each. Debt Management and Investment Reporting Accountant 2 — This position will assist with new projects' debt and financial reporting as well as invest funds to maximize investment earnings and ensure cash is available for debt payments. Yearly salary cost: $57,082. Account Number 91-5215-7330 has been established for the permit and plan review fees related to this project. The recommendation was to waive reading beyond the title and adopt an ordinance to authorize the increase of full-time employees to the Building Safety Department by eight positions, the Fire Department by two positions, and the Finance Department by one position, to be funded by the permit and plan review fees of the Coyotes Arena and surrounding mixed-use development. 20 Ordinance No. 2251 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, INCREASING THE AUTHORIZED STRENGTH OF THE BUILDING SAFETY DEPARTMENT BY EIGHT (8) FULL-TIME POSITIONS; INCREASING THE AUTHORIZED STRENGTH OF THE FIRE MARSHAL'S OFFICE BY TWO (2) FULL-TIME POSITIONS; AND INCREASING THE FINANCE DEPARTMENT BY ONE (1) FULL-TIME POSITION ALL RELATING TO THE ARENA DEVELOPMENT PROJECT AND SURROUNDING MIXED-USE DEVELOPMENT. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2251 New Series. Councilmember Clark emphasized the fact that the positions are limited to three years, with a 30-day notification clause. She explained that revenue from permits and plan review will reimburse the City for the cost of the positions and, at the end of three years, the City will evaluate which, if any, of the positions should be retained. Upon a call for the question, the motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, and Scruggs. Members voting "nay": none. REQUEST TO EXCUSE COUNCILMEMBER FRATE It was moved by Eggleston, and seconded by Lieberman, to excuse Councilmember Frate from tonight's Council meeting. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold City Council Budget Workshops at 8:00 a.m. in Room B-3 of the City Council Chambers, on Tuesday, April 16, 2002 and Tuesday, April 23, 2002, each Budget Workshop to be followed by an executive session pursuant to A.R.S.38-431.03; and to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday April 16, 2002, to be followed by an Executive Session pursuant to A.R.S.38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Tom Cramer, a resident of the City of Glendale Cholla District, discussed a situation that had occurred last summer, where he suffered a fall and, rather than waiting for the fire department to respond, he chose to have his wife take him to the hospital. He explained that the Fire Department would have arrived with a paramedic and the fire department would have had to summon an ambulance from Southwest before transporting him to the hospital. He did not feel there was time to go through 21 this. He suggested that the City staff each fire house with a fire department regulated ambulance. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark reminded everyone of the Juried Fine Arts show being held at the fruit packing shed at Saguaro Ranch Park. She encouraged everyone to attend. She noted that it is free of charge. Councilmember Goulet announced that he would be hosting a district meeting the following evening at the home of Natalie and Scott Stahl. He invited members of all registered neighborhoods to attend. Councilmember Lieberman said he believed the Council had accomplished a tremendous amount tonight, all for the betterment of Glendale. He invited everyone to attend the grand opening ceremony of the Gabrielle Liese Research Library at the Bead Museum on Saturday, April 20th from 4 to 6 p.m. Vice Mayor Eggleston stated that this was a busy week, with the Coyotes groundbreaking event, the Juried Fine Arts show, and Youth Fest 2000. Mayor Scruggs announced that the Jazz and Blues Festival in downtown Glendale was scheduled from 19th through the 21st of April. ADJOURNMENT There being no further business, the meeting was adjourned at 8:00 p.m. Pamela Oliveira - City Clerk 22