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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/9/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 9, 2003, 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; Rick Flaaen, City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 5 resolutions and 2 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 JULY 22, 2003 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the July 22, 2003 Regular 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 UNITY DAY PROCLAMATION This is a request to proclaim September 11, 2003 as Unity Day in the City of Glendale. Unity Day was first celebrated in 1978 by the city of Philadelphia to unify surrounding communities during a tumultuous time for the city. Since its inception, many other cities have embraced the concept and have launched their own local celebrations. On September 11, the City of Glendale will celebrate it's first ever Unity Day Walk and Unity Day Celebration. It will be an opportunity for city officials to join with citizens and demonstrate Glendale's commitment to promote peace, harmony and understanding among people from all walks of life. Unity Day activities and entertainment will include a special tribute to city employees that have served in the United States Armed Forces. Additionally, the City of Glendale will honor our police and firefighters on this day and reflect on how unity is of supreme importance in the aftermath of the events of September 11, 2001. Accepting the proclamation will be City of Glendale Police 1 Sergeant Andre Anderson, Chair of the Unity Day Planning Committee, and Tamika Cheatham, Chair of the City of Glendale Diversity Committee. The recommendation was to proclaim September 11, 2003 as Unity Day in Glendale. Sergeant Anderson thanked the Mayor and Council on behalf of the Diversity Committee and Unity Day team and accepted the proclamation as evidence of the hard work of members of the committee, the community, the City Manager, and the Mayor and Council. He noted the city's efforts to unite its citizens reach as far back as September 1922 when a similar event, known as Community Day, was first held. He invited everyone to celebrate the festivities and cultural events planned for the day. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 14 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions numbers 15 through 19 by number and title. Councilmember Frate requested item number 10 be heard separately. 1 . AWARD OF COOPERATIVE PURCHASING AGREEMENT WITH ZEP MANUFACTURING FOR JANITORIAL SUPPLIES This is a request for City Council approval to enter into a cooperative purchase agreement with Zep Manufacturing Company for the purchase of janitorial supplies. In January 2003, Allegheny County (Pennsylvania) -- on behalf of US Communities -- entered into a contract with Zep Manufacturing to purchase janitorial supplies. US Communities, jointly sponsored by such organizations as the National League of Cities and the US Conference of Mayors, provides a purchasing alliance for public agencies nationwide to achieve bulk volume discounts. When a lead government agency enters into a contractual agreement with a vendor, other participating agencies are able to "piggy back" under the same contract. The pricing and discounts received from participating in this purchasing alliance are far greater than what one agency could ever receive on its own. A cost analysis of the top six items used by Facilities Management for custodial services has revealed a potential annual savings of approximately $10,000. Staff recommends entering into an agreement with Zep Manufacturing for janitorial supplies. The initial term began January 6, 2003 and continues until January 6, 2006. The bid specification contains an option clause that will permit two additional one-year extensions. The recommendation was to approve entering into a cooperative purchase agreement with Zep Manufacturing Company for janitorial supplies in an amount not to exceed $300,000 annually. 2 2. CERTIFICATION FOR BASELINE COURT COLLECTIONS FOR FY 2002- 2003 AND DELEGATION FOR FUTURE CERTIFICATIONS This is a request for City Council to certify the Glendale City Court baseline collections for fiscal year (FY) 2002 — 2003. A.R.S. 12-116.04, which passed this year, requires that 75 percent of any amount above court baseline collections for FY 02 — 03 be sent to the State Treasurer within 15 days after the end of the quarter. The statute requires that the City Council make the following certifications: 1. Certify to the State Treasurer the baseline Glendale City Court collections for each quarter of FY 02 — 03. 2. Certify Glendale City Court revenue each quarter starting with FY 03 — 04 and each quarter thereafter. So that the Council does not have to continually certify each quarter, Glendale City Court requests the Council delegate to Glendale City Court the responsibility of certifying each quarter's collections. The baseline collections for each quarter of FY 2002 —2003 were: Quarter one$ 1,048,974.59 Quarter two$ 1,067,380.79 Quarter three $ 1,226,688.61 Quarter four $1,163,658.27 The recommendation was to certify the baseline Glendale City Court collections for Fiscal Year 2002- 2003 and delegate to Glendale City Court the authority to certify each quarter's collections. 3. PURCHASE OF BUS STOP EQUIPMENT This is a request for City Council approval to purchase bus stop shelters, related furniture and equipment to provide increased passenger amenities at bus stops. The City of Phoenix has agreed to a cooperative purchase with Glendale using their Request For Proposal (RFP) 01-004 designating Lacor Streetscape as the vendor of the bus shelters and furniture. The cost for the purchase of 10 bus shelters, 13 benches, 15 trash receptacles and 18 solar lighting units is $97,766.72. The city will contract separately for the site preparation and installation of the shelters, furniture and solar lighting units. A combination of Federal Transit Administration (FTA) grants and city capital funds are available for the purchase of this bus stop equipment. FTA Grant AZ-90- 3 X054 will reimburse the city $76,800. The remaining local share of $20,966.72 is budgeted in Transportation Department Account No. 25-9453-8300 within the Glendale Onboard program. The recommendation was to approve the purchase of bus shelters, benches, trash receptacles and solar lighting units from Lacor Streetscape for a total of $97,766.72. 4. PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF A MULTI- USE BRIDGE, PATH, AND REST AREA AT THE GRAND CANAL AND MISSOURI AVENUE This is a request for City Council approval of a professional services agreement with DMJM+HARRIS for the design and construction administration of a multi-use bridge, path, and neighborhood rest area at the Grand Canal and Missouri Avenue. The project includes the construction of a multi-use bridge across the Grand Canal, a pathway connecting to an existing pathway on the Grand Canal Linear Parkway, a pathway connecting to the intersection of Missouri Avenue and 79th Avenue, and a neighborhood rest area with shade ramada west of the bridge. The project will also include landscaping and lighting design. This project will complete the connection of planned bike routes on Missouri Avenue on each side of the Grand Canal and eliminate a critical barrier to east-west travel on the bikeway system. The project will allow residents living in neighborhoods south of the canal to safely and conveniently walk or bike to the Grand Canal Linear Park northeast of the Canal. The Citizens Transportation Oversight Commission and the Citizens Bicycle Advisory Committee have reviewed this project and recommend approval. Staff selected DMJM+HARRIS from the Engineering Department's pre-qualified list for professional services needed to prepare the construction plans and specifications necessary to construct this project. The services are scheduled to be completed within 12 months of the Notice to Proceed. The fee for the professional services agreement to design and prepare construction plans for the project is $56,688. The fee for construction administration is $24,889. Total funds are available in the Transportation Department's Glendale Onboard Activity, Account No: 25-9465-8300. The recommendation was to approve the professional services agreement with DMJM+HARRIS, Inc., in the amount of $81,577. 5. FINAL PLAT APPLICATION FP-03-01: 8290 WEST MISSOURI AVENUE 4 This is a request by Clouse Engineering, representing U.S. Development Land, LLC (dba Nicolas Homes), for final plat approval for a subdivision titled Missouri Estates. The site is located at the northeast corner of 83rd and Missouri avenues. The gated subdivision includes 64 single family lots on 38 acres at a density of 1.68 dwelling units per acre. Lot sizes vary from 17,000 square feet to 30,141 square feet with an average lot size of 17,854 square feet. The proposed minimum lot width is 110 feet and the proposed minimum lot depth is 130 feet. The final plat is in conformance with the General Plan designation of LDR (Low Density Residential, 1 - 2.5 dwelling units per acre), the SR-17 (Suburban Residence) zoning district, and the preliminary plat that was approved by the Planning Commission on May 17, 2001. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve Final Plat Application FP-03-01. 6. FINAL PLAT APPROVAL FOR FP-03-03: 6605 WEST CACTUS ROAD This is a request by United Engineering Group, representing Village Rose, LLC, for final plat approval for a subdivision titled Village Rose. The site is located south and east of the southeast corner of 67th Avenue and Cactus Road and is considered an infill parcel. The subdivision includes 61 single family lots on 10 acres at a density of 6.1 dwelling units per acre. Lot sizes vary from 3,775 square feet to 5,499 square feet with an average lot size of 4,115 square feet. The proposed minimum lot width is 45 feet and the proposed minimum lot depth is 85 feet. The final plat is in conformance with the General Plan designation of MHDR (Medium-High Density Residential, 5-8 dwelling units per acre), the R1-4 PRD (Single Residence, Planned Residential Development), and the preliminary plat that was approved by the Planning Commission on December 5, 2002. All stipulations of the preliminary plat have been satisfied. The recommendation was to approve final plat application FP-03-03. 7. FINAL PLAT APPLICATION FP-03-04: 5849 WEST NORTHERN AVENUE This is a request by JMA Engineering Corporation, representing the City of Glendale, for final plat approval for a replat of the Manistee Town Center commercial subdivision titled Northern Crossing. The site is located on the south side of Northern Avenue between 55th and 59th avenues. The commercial subdivision includes 11 lots on 55 acres. Lot sizes vary from 13,896 square feet to 877,177 square feet. 5 The final plat is in conformance with the General Plan designation of PC (Planned Commercial) and the C-2 (General Commercial) zoning district. The recommendation was to approve Final Plat Application FP-03-04. 8. AWARD OF CONSTRUCTION CONTRACT - SAHUARO RANCH PORCH CONSTRUCTION This is a request for City Council approval of a contract with MRA Construction, Inc., for the construction of the original porch at the Main House and Guest House at Sahuaro Ranch Park. These improvements are consistent with the Sahuaro Ranch Historic Master Plan. Under this contract, the porch that was located on the east side of the Main House and Guest House will be recreated. The original porch had deteriorated and was removed years ago. Five bids were received and opened on August 20, 2003. MRA Construction, Inc., a qualified licensed contractor, submitted the lowest bid in the amount of $116,000. Funds are available in the Fiscal Year 2003-04 Capital Improvement Program, Sahuaro Ranch Porch Restoration, Account No. 47-8586-8300. Funds include $74,600 from the Arizona State Parks Historic Preservation Heritage Fund and $41,400 from the city's grant matching funds. The recommendation was to approve the contract award to MRA Construction, Inc. in the amount of$116,000. 9. VISUAL IMPROVEMENT PROGRAM AGREEMENT — GRANDVIEW PLAZA This is a request for City Council to authorize the City Manager to enter into a Visual Improvement Program agreement with the property owner of Grandview Plaza located at 5802 W. Camelback Road. The Commercial Visual Improvement Program assists in the 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 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. 6 An application has been received for major renovations to the Grandview Plaza located at 5802 W. Camelback Road. The property owner wants to work with the city to improve the appearance of this center that sits at one of the main entrance corners into Glendale. Total investment for the planned renovations is estimated at $350,000. Staff recommends that the project receive approval for reimbursement not to exceed $150,000 contingent upon completion of the required design review and construction plan review process and submittal of paid receipts. Funds are available in Economic Development Visual Improvement Program Account No: 01-8922-7330. The recommendation was to authorize the City Manager to enter into a Visual Improvement Program agreement with the property owner of Grandview Plaza located at 5802 W. Camelback Road. 11 . LIQUOR LICENSE NO. 3-889 SASSI JIM'S PLAY PEN LOUNGE This is a request for a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Sassi Jim's Play Pen Lounge located at 9250 N. 43rd Avenue, Nos. 17 & 18. The previous owner operated this business as Time Out Bar and held a series 6 (on- & off-sale retail, all liquor) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the 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 Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 12. LIQUOR LICENSE NO. 3-890 BENITOS MEXICAN FOOD This is a request for a new series 12 (restaurant) license for Benitos Mexican Food located at 13828 N.51st Avenue. The previous owner operated this business as Benitos Mexican Food and held a series 12 (restaurant) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the 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 7 Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 13. SPECIAL EVENT LIQUOR LICENSE FOR ST. HELEN'S CHURCH This is a request for a special event liquor license for St. Helen's Church. The event is Octoberfest that will be located at St. Helen's Church, 5510 W. Cholla Avenue. The event will be held from 6:30 p.m. to 11:30 p.m. on Saturday, October 11, 2003. If this license is approved, the total days expended by this applicant will be one of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issued a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 14. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP SCHOOL This is a request for a special event liquor license for Our Lady of Perpetual Help School. The event is the annual carnival that will be located at Our Lady of Perpetual Help School, 7521 N. 57th Avenue. The event will be held from 11:00 a.m. to 10:00 p.m. on Saturday, October 18, 2003 and from 11:00 a.m. to 8:00 p.m. on Sunday, October 19, 2003. If this license is approved, the total days expended by this applicant will be three of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issued a special event liquor license only if the City Council recommends approval of such license. Forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. CONSENT RESOLUTIONS 15. ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT FOR CONTINUATION OF THE VICTIMS' RIGHTS PROGRAM 8 This is a request for City Council authorization to accept a one-year grant from the Arizona Office of the Attorney General. The grant will provide funds to the Glendale Police Department to continue victims' rights support. This is the eleventh consecutive year of the program. The Glendale Police Department has been awarded $67,000 and the Glendale City Prosecutor's Office has been awarded $4,800 in order to accomplish the mandates of A.R.S. Title 13, Chapter 40, Crime Victims' Rights and A.R.S. Title 8, Chapter 3, Article 7, Victims' Rights for Juvenile Offenses. The funding will be utilized to offset costs associated with the performance of duties that are mandated under victims' rights laws. There is no match or additional cost to the City of Glendale associated with accepting this funding. Services provided through this grant would include direct victim assistance by a Victim Assistance Caseworker working in cooperation with the Glendale City Court and Prosecutor's Office; the publication and distribution of victims' rights brochures and informational materials, and the maintenance of systems necessary for the timely notification of victims regarding the status of their cases and the status of arrested suspects moving through the city's criminal justice system. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to submit and accept the grant award from the Arizona Office of the Attorney General in the amount of $67,000 to Account No. 47-7039 and $4,800 to Account No. 47-7641. Resolution No. 3700 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFERS AND AUTHORIZING THE SUBMISSION AND EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE ARIZONA OFFICE OF THE ATTORNEY GENERAL FOR PARTIAL REIMBURSEMENT OF THE COSTS OF IMPLEMENTING AND MAINTAINING THE MANDATED VICTIMS' RIGHTS 16. CRIMINAL JUSTICE ENHANCEMENT FUND GRANT This is a request for City Council authorization to accept a one-year $15,000 grant from the Arizona Department of Public Safety. The grant will provide funds to the Police Department's Selective Enforcement Unit. The Selective Enforcement Unit is involved in operations that include the apprehension of those involved in property crimes, specifically burglary and theft. This unit has been very successful over the past few years in using grant funds to recover thousands of dollars worth of stolen property. There are no matching costs associated with this grant. The funds will be placed in Grant Account No. 47-7051. 9 The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to accept the grant award of $15,000 from the Arizona Department of Public Safety on behalf of the Glendale Police Department. Resolution No. 3701 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 FROM THE ARIZONA DEPARTMENT OF PUBLIC SAFETY, CRIMINAL JUSTICE ENHANCEMENT FUND, FOR THE SELECTIVE ENFORCEMENT UNIT OF THE GLENDALE POLICE DEPARTMENT 17. ARIZONA CRIMINAL JUSTICE COMMISSION GRANT FOR CONTINUATION OF THE VICTIMS' SERVICES PROGRAMS This is a request for City Council authorization to accept a $7,400 grant from the Arizona Criminal Justice Commission. The grant funds have been awarded to the Glendale Police Department to continue services to victims of crime. The funding will partially support the salary of a Victim Assistance Caseworker assigned as an advocate in the Glendale City Court. There are no new costs to the City of Glendale associated with accepting this funding. The required match will be met using previously approved budgeted funds in the Police budget for FY 2003/2004. This funding cannot be used to supplant other governmental funds that would otherwise be available to provide victim services. Services provided by this grant would include coordination of community social services and assistance with court-related issues for victims of domestic violence. The funds will be placed in Grant Account No. 47-7654. This is a one-year grant. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to accept the grant award of $7,400 from the Arizona Criminal Justice Commission to continue services to victims of crime. Resolution No. 3702 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR THE CONTINUATION OF THE VICTIMS' SERVICES PROGRAMS 18. INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES RELATING TO CENTRAL ARIZONA WATER CONSERVATION DISTRICT V. UNITED STATES OF AMERICA, ET AL. This is a request for the City Council to approve the Eighth Intergovernmental Agreement and the Contract for Legal Services with the cities of Chandler, Goodyear, Mesa, Peoria and Scottsdale relating to the Central Arizona Water Conservation District v. United States of America, et al. This lawsuit involves the much-published dispute 10 between the Secretary of Interior and Arizona over the repayment obligations of the Central Arizona Project (CAP). A decision in favor of the U.S. could cost Glendale as much as $600,000 to $700,000 each year in increased CAP water costs. As in any litigation with many parties, a large group of similarly-situated parties with common representation can have a much greater effect than those same parties would have individually. The judge has approved a settlement among the parties. The settlement includes several steps that must be taken before a final judgment will be entered. The law firm of Engelman Berger, P.C. has been hired to represent the cities of Chandler, Glendale, Goodyear, Mesa, Peoria and Scottsdale in this lawsuit. The attorney handling this matter is William H. Anger. Mr. Anger has successfully represented many of these same cities before the Arizona Supreme Court in matters related to the Gila River Adjudication. The cost of this representation will be equally shared by the cities. The City of Glendale will be responsible for 16.666% or $16,666 for services rendered under this contract. Funds for this project are in the City Attorney's Office budget Account No. 01-1510-7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the Eighth Intergovernmental Agreement and the Contract for Legal Services relating to the joint legal representation in the case of Central Arizona Water Conservation District v. United States of America, et al. Resolution No. 3703 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF THE EIGHTH INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, GOODYEAR, MESA, PEORIA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE CASE OF CENTRAL ARIZONA WATER CONSERVATION DISTRICT v. UNITED STATES OF AMERICA, ET AL 19. SPRINT LICENSE AGREEMENT FOR A WIRELESS COMMUNICATIONS SITE AT 17260 N. 59TH AVENUE This is a request for City Council to approve a wireless communications site for Sprint Spectrum, L.P., (Sprint) a Delaware limited partnership, at 17260 N. 59th Avenue. The proposed site for Sprint's facilities is located in front of an Arizona Public Service Company (APS) substation at 5901 West Greenbriar Drive. The approval of this license is consistent with the city's policy of encouraging wireless communications providers to co-locate their facilities on existing poles (or on new poles that will replace existing poles) instead of constructing new monopoles for antennas. As a part of the wireless site, APS will replace one of its existing wooden utility poles with a new metal pole on which Sprint will attach its antennas. Sprint will place its 11 ground equipment for the wireless site inside the APS substation, where it will not be visible to the public. The effective date of the proposed agreement will be September 9, 2003, and the agreement will expire on September 8, 2013. However, either party may terminate the agreement without cause at any time after the first year of the agreement by providing the other party with one-year advance notice of such termination. Sprint will pay rent in the amount of $916.20 per month, with an annual inflation adjustment, for its use of the right-of-way. Funds will be placed in 01-4695, Lease Revenue (Communications). The City Council has approved wireless license agreements for use of the right- of-way for AT&T, Qwest, Cricket, and VoiceStream. The terms of the proposed agreement with Sprint are essentially the same as those mentioned above including provisions concerning rent, construction, insurance requirements, indemnification, and bonds. The Planning Department, Risk Management, the City Attorney's Office, Engineering, and Finance have approved this site and/or the contents of the agreement. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a License Agreement for Wireless Communications Site at 17260 N. 59t Avenue with Sprint Wireless, L.P. Resolution No. 3704 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH SPRINT SPECTRUM, L.P. FOR A WIRELESS COMMUNICATIONS SITE AT 17260 NORTH 59TH AVENUE Mr. Leonard Clark, a resident of the City of Glendale Barrel District, spoke in favor of the Arizona Office of the Attorney General's Grant for continuation of the victim's right program. He also commented on the importance of the intergovernmental agreement related to the Central Arizona Water Conservation District. It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 9 and 11 through 19, including the approval and adoption of Resolution No. 3700 New Series, Resolution No. 3701 New Series, Resolution No. 3702 New Series, Resolution No. 3703 New Series, Resolution No. 3704 New Series, and to forward Liquor License Applications No. 3-889 for Sassi Jim's Play Pen Lounge, No. 3-890 for Benitos Mexican Food, and Special Event Liquor License Applications for St. Helen's Church for the Octoberfest event to be held at St. Helen's Church, 5510 West Cholla Avenue on October 11, 2003 and Our Lady of Perpetual Help School for its annual carnival event to be held at Our Lady of Perpetual Help School, 7521 North 12 57 Avenue on October 18 and 19, 2003 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 10. LIQUOR LICENSE NO. 3-888 SILVER Q BILLIARDS This is a request for a person & location transfer of a series 7 (on- & off-sale retail, beer & wine) license for Silver Q Billiards located at 6670 W. Cactus Road, No. 108. There have been no prior liquor licenses at this location. The license the applicant intends to transfer is currently located at 4419 W. Indian School Road and held by Pizza Hut. The approval of this license will increase the number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. Mr. Bailey confirmed for Councilmember Frate that the license will not be transferred until it is approved by the state. He said prior to the existing business, the Apple Dumpling Gang American Village existed at the site. Councilmember Martinez asked if food would be served. Mr. Bailey responded no. He noted other establishments throughout the city also offer billiards as a sideline. Councilmember Martinez asked if the number of service calls for those establishments is similar to the number of calls at a billard hall. Mr. Bailey responded yes. Councilmember Frate explained adjacent business owners have come to him with their concerns, noting one will be forced to relocate if the application is approved. He said, while he has no problem with a billiards hall, he is troubled by the request for a liquor license. He pointed out the applicant was not in attendance to answer questions, stating he would like to know to what degree the business's ability to succeed is based on the acquisition of a liquor license. He noted several new residential developments have recently been approved in the immediate area. He stated he will not support the application. Councilmember Martinez stated he is also troubled by the liquor license, expressing his opinion that an establishment that only offers billiards and liquor is not a good idea. He said he will not support the application either. Vice Mayor Eggleston stated he too will not support the application, expressing his opinion the proposed use is inappropriate for the area. 13 Councilmember Goulet asked Mr. Froke about the property's zoning and if developers in the area should have known to expect a similar application. Mr. Froke explained the site was zoned C-2 in the 1970's and developed as a shopping center in the 1980's. Councilmember Goulet asked if it would be reasonable to assume other uses could come in that meet the zoning requirements, but that would also be considered detrimental to the surrounding area. Mr. Froke said C-2 zoning allows certain uses outright and others through Conditional Use Permits. He confirmed a billiard hall is a permitted use in C-2. In response to Mayor Scruggs' question, Mr. Bailey stated the deadline for the application was August 24, however, because Council was not in session during the month of August, an extension was granted by the state. Mayor Scruggs asked if the application would be subject to a hearing if it carries a recommendation for denial. Mr. Bailey responded yes. Mayor Scruggs asked if there are more than one similar establishments in the city. Mr. Bailey said there are other smaller establishments that offer billiards as a sideline, noting some also serve food. He pointed out, however, this would be the first true billiard hall in the city. It was moved by Frate, and seconded by Martinez, to forward Liquor License Applications No. 3-888 for Silver Q Billiards to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Mayor Scruggs stated she will support the motion for denial with the understanding that Councilmember Frate will reflect the concerns of businesses and residents in the area at the State Liquor Board Hearing. She said it seems as though the proposed establishment will cause a great deal of unrest and disruption to the neighborhood. The motion carried by a vote of 6 to 1 with the following Councilmembers voting "aye": Clark, Eggleston, Frate, Lieberman, Martinez, and Scruggs. Councilmembers voting "nay": Goulet. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 20. REZONING APPLICATION Z-02-21: 18621 NORTH 53RD AVENUE Ms. Kate Langford, Senior Planner, presented this item. This is a request by loan Radu to rezone a 1.5-acre site from A-1 (Agriculture) to SR-30 (Suburban Residence). The site is located north of the northeast corner of 53rd Avenue and Union Hills Drive. The owner intends to process a Minor Land Division in order to create two lots and develop each lot with a single-family residence. The proposed SR-30 zoning is consistent with the General Plan Land Use Map designation of LDR (Low Density Residential), 1-2.5 dwellings units per acre. The 14 proposed SR-30 zoning will allow lot sizes and future development that are consistent with the existing development to the east, south, and west. On August 7, 2003, the Planning Commission recommended approval of Z-02- 21, subject to two stipulations. The recommendation was to conduct a public hearing and approve Z-02-21 , subject to the two stipulations recommended by the Planning Commission. Vice Mayor Eggleston asked when the Al zoning was put into place. Ms. Langford said the zoning existed from the time the area was annexed into the city. She explained the city's minimum acreage for Al zoning is 40 acres, therefore, all of the parcels created prior to annexation have a non-conforming status. She said the requested rezoning will allow the property owner to split the property in half, creating two legal parcels. She clarified that rezoning of the subject property would in no way change or alter the zoning for any other properties in the area or the allowances available to other property owners through the A-1 zoning category. She confirmed the new zoning would diminish some of the subject property's animal privileges. Councilmember Clark pointed out residents in the area voiced concerns that the new homes would be the only ones with a sidewalk, that they could be built at a higher elevation, and that they could impact the neighborhood's water pressure. She asked Ms. Langford to explain how their concerns are being addressed. Ms. Langford agreed water pressure changes could be a problem, explaining the area was developed several years ago and likely has small water lines. She said the issue has been passed on to the Utilities Department. With regard to the sidewalk issue, she pointed out Stipulation 2 requires half-street improvements as determined by the City's Engineering Design and Construction Standards. She explained in situations where large lot or rural development is predominant, the actual degree of improvements is determined at the time a building permit is issued. She said their intent is to secure two full driving lanes, however, sidewalk and curb and gutter requirements are often waived to a future date when similar improvements do not exist elsewhere in the neighborhood. She stated, unlike other lots in the area, the new lots will be required to provide their own water retention, which could require a difference in elevation. Mayor Scruggs opened the public hearing on Agenda Item No. 20. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Martinez and seconded by Clark to approve Rezoning Application Z-02-21 subject to the Planning Commission's stipulations. The motion carried unanimously. 21. REZONING APPLICATION ZON-03-02: 14043 NORTH 64TH DRIVE Ms. Kate Langford, Senior Planner, presented this item. 15 This is a request by Daniel Bender, representing Earl & Patricia Hopper, to rezone a two-acre site from A-1 (Agriculture) to SR-30 (Suburban Residence). The site is located north of the northeast corner of 64th Drive and Thunderbird Road. The applicant intends to process a Minor Land Division in order to create two one-acre lots and develop the southern lot with a single-family residence. The northern portion of the site is currently developed with a single-family residence. The proposed SR-30 zoning district is consistent with the General Plan designation of Low Density Residential (LDR). The proposed request will be compatible with the surrounding area. The site is bounded by SR-30 zoned properties to the north and east. On July 17, 2003, the Planning Commission recommended approval of ZON-03- 02, subject to one stipulation. Three property owners, other than the applicant, spoke in support of rezoning at the Planning Commission public hearing. The recommendation was to conduct a public hearing and approve ZON-03-02, subject to the stipulation recommended by the Planning Commission. Daniel Bender, Applicant's representative, explained the applicant intends to build a home on the south acre of the property which, until now, has remained vacant. In response to Vice Mayor Eggleston's question, Mr. Bender said the subject property is two acres in size, while the other 18 properties in the area measure one acre each. Mayor Scruggs opened the public hearing on Agenda Item No. 21. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Frate and seconded by Martinez, to approve Rezoning Application ZON-03-02, subject to the Planning stipulations. The motion carried unanimously. 22. REZONING APPLICATION ZON-03-04: 7634 WEST CAMELBACK ROAD Mr. Jon Froke, Planning Director, presented this item. The Planning Commission requests City Council to approve rezoning 20 acres from R1-6 (Single Residence) to SR-17 (Suburban Residence). The property is located along both sides of 76th Lane, north of Camelback Road, south of the Grand Canal, west of the Camelback Village Estates subdivision, and east of the Meadows 2 subdivision. 16 The initiation was a result of the General Plan discussion in January 2002. Residents expressed their desire to have their neighborhood rezoned to an SR (Suburban Residential) zoning district. The proposed SR-17 zoning request seeks to maintain the rural character of the area, preserve the existing large lot character, and be consistent with the General Plan. The R1-6 zoning district allows a small lot, high- density subdivision. The Planning Commission unanimously approved rezoning application of ZON- 03-04 with no stipulations at its July 17, 2003 Planning Commission meeting. The recommendation was to conduct a public hearing and approve rezoning application ZON-03-04. Mr. Froke confirmed for Vice Mayor Eggleston that the area is zoned R1-6, but that the lots are larger than typically found in R1-6, explaining the area was developed in the 1970's at which time Glendale only had R1 zoning. Mayor Scruggs noted the three citizens, listed below, submitted cards in favor of the application who did not wish to speak. Ms. Deborah Faillace, a resident of the City of Glendale Yucca District O. R. Whitaker, a resident of the City of Glendale Yucca District Mr. Robert Gillespie, a resident of the City of Glendale Yucca District Mayor Scruggs opened the public hearing on Agenda Item No. 22. At this time, Public Hearing Speaker's cards were handed in from the following people, the cards indicated that they opposed the item and did not wish to speak. Mr. Earl Denning, a resident of the City of Glendale Yucca District Mr. Roy P. Tolmachoff, a resident of the City of Glendale Yucca District Mayor Scruggs closed the public hearing on Agenda Item No. 22. It was moved by Clark, and seconded by Frate, to approve Rezoning Application ZON-03-04. The motion carried unanimously. ORDINANCES 23. GLENDALE CITY CODE CHANGE RELATING TO BICYCLE LICENSING Mr. Randy Henderlite, Police Chief, presented this item. 17 This is a request for City Council approval of an ordinance modifying Chapter 8 of the Glendale City Code by repealing the requirement to license bicycles in Glendale. This section of the code was adopted on October 23, 1951. The regulations regarding bicycle licensing and registration enforcement are outdated. The Police Department determined that no part of Article I or Article II, in Chapter 8, is currently being utilized and does not see a reason for these articles to remain codified. Conduct a public hearing, waive reading beyond the title and adopt an ordinance modifying Chapter 8 of the Glendale City Code pertaining to bicycle licensing. Ordinance No. 2334 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 GLENDALE CITY CODE, CHAPTER 8 BY REPEALING ARTICLES I AND II RELATING TO BICYCLES; RENUMBERING THE REMAINING ARTICLE III; AND RENAMING CHAPTER 8 Councilmember Clark asked if the proposed change will impact skate board licensing. Chief Henderlite responded no. Councilmember Clark pointed out the last page of the ordinance refers to motorized skateboards. Chief Henderlite explained the ordinance intermingles bicycles and motorized skateboards, however, they only want to repeal the licensing of bicycles. Mayor Scruggs noted the city does not have the authority to license motorized skateboards. Mayor Scruggs opened the public hearing on Agenda Item No. 23. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he tries to utilize his bicycle and bus transportation when traveling to and from work. He said he likes that the city is cleaning up out-dated ordinances, however, he would like to see more people utilize bicycles as a form of transportation, possibly warranting the need for licensing again in the future. Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2334 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 24. DEEDS AND EASEMENTS ORDINANCE Mr. Larry Broyles, City Engineer, presented this item. This is a request for City Council to accept real estate properties conveyed by quit-claim deed, warranty deed and/or easements from property owners, pursuant to 18 Article VII, Sec. 15 of the City Charter. Staff presents these periodically to Council for a one-motion consideration. These properties have been used for sidewalks, streets, alleyways, parks, water and sewer lines, and other public utilities. In order to utilize these properties for similar use in the future, it is necessary that Council adopt an ordinance dedicating these properties for public use. The recommendation was to waive reading beyond the title and adopt an ordinance dedicating certain real property for public use. Ordinance No. 2335 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, ACCEPTING DEEDS AND EASEMENTS FOR STREET, PUBLIC UTILITY, SIDEWALK, ALLEY, WATER AND SEWER, PARKS AND OTHER PURPOSES; ORDERING THE DOCUMENTS RECORDED; AND DEDICATING TO PUBLIC USE THE PROPERTY DESCRIBED THEREIN Mr. Broyles confirmed for Mayor Scruggs that one of the properties was located near the Pyramid Peak Water Treatment Plant. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2335 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 16, 2003, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Mayor and Council for proclaiming September 11 as Unity Day in the City of Glendale, stating it will help turn the anniversary of a tragedy into a positive event. He encouraged people of every race, ethnicity and religion to participate. He stated he previously agreed with Council's passage of the Camping Act, however, he believes more charitable establishments are needed so those without a home have a place to go. He said he has noticed more transients in his neighborhood and is concerned about his family's safety. He applauded the Council's efforts to improve older parts of the city. 19 COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark encouraged everyone to participate in Unity Day, stating it is an excellent opportunity to teach our children about tolerance. Councilmember Goulet wished Mr. Frank Egan a speedy recovery after undergoing surgery last month. Councilmember Lieberman announced Glendale Fiesta will be held this weekend, noting many national performers will participate. Councilmember Martinez congratulated Colin Festina on reaching the rank of Eagle Scout. He announced the skateboard park at the Foothills Park opened today. He stated a meeting regarding Phase Ill soundwalls will be held tomorrow evening at Arrowhead Elementary School and a neighborhood meeting to discuss street and sidewalk improvements along 67th Avenue will be held on Wednesday, September 17 at Mountain Ridge High School. Councilmember Frate noted shade structures were erected over the play equipment at Kings Park. He thanked the neighborhood group and other citizens who recently made landscaping improvements along 67th Avenue. He recognized Mr. Bob Boston and Mr. Jess Munoz who recently retired. ADJOURNMENT There being no further business, the meeting was adjourned at 8:25 p.m. Pamela anna - City Clerk 20