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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/23/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 23, 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 Pam Kavanaugh, Assistant 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 2 resolutions and 7 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 SEPTEMBER 9, 2003 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the September 9, 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 FIRE PREVENTION WEEK PROCLAMATION This is a request for City Council to proclaim the week of October 5th as Fire Prevention Week in the City of Glendale. The purpose of this nationally observed week is to remind citizens of the importance of fire prevention at home, work and school. This year's theme is, "When Fire Strikes: Get Out! Stay Out!" Glendale's Fire Prevention Week activities kickoff with the city's 21st annual Fire Prevention Day Parade on Saturday, October 4, 2003. The parade will begin at 9:30 a.m., proceeding west on Glendale Avenue, from 51st to 59th avenues. Fire Prevention Week is supported by the Arizona Fire and Burn Educator's Association, the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters and the Fire Marshal's Association of North America. Glendale citizens are being asked to participate in fire prevention activities at home, work and school. Fire Chief Mark Burdick and Angela Cabagnaro-Mudd, a 1 member of Glendale Civic Pride and volunteer senior educator for the Glendale Fire Department, will be present to accept the proclamation from Mayor Scruggs. The recommendation was to proclaim the week of October 5th as Fire Prevention Week in Glendale, Arizona. Ms. Cabagnaro-Mudd thanked the Mayor and Council, stating it is an honor to accept the proclamation on behalf of the Fire Department and the City of Glendale. Battalion Chief Elio Pompa stated he is proud to accept the proclamation, pointing out this will be the city's 21st Fire Prevention Parade. He stated the Rick Lupe family will act as Grand Marshall of the parade, explaining Rick Lupe, credited with saving the town of Show Low, was tragically killed in a prescribed fire in June. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING This is a request for City Council to accept the Certificate of Achievement for Excellence in Financial Reporting award for the city's Comprehensive Annual Financial Report (CAFR). The Government Finance Officers Association of the United States and Canada (GFOA) has recently awarded a Certificate of Achievement for Excellence in Financial Reporting for Glendale's CAFR for the fiscal year ended June 30, 2002. This is the 16th year the city has been recognized for excellence in financial reporting. Each year a CAFR is prepared to provide complete, readily available information to the City Council, citizens, the media, other public agencies and New York based bond-rating agencies. Preparation of a CAFR reflects positively on a local government's financial management, as it relates to providing complete public disclosure of its financial condition. It provides valuable information on topics as diverse as employee pension plan performance, debt management, and 10 year trends in general government revenues and expenditures. The recommendation was to accept the Certificate of Achievement for Excellence in Financial Reporting. Mayor Scruggs proudly accepted the award on behalf of the City Council and Glendale citizens. She said it has always been the Council's goal to ensure the city's financial soundness and ability to provide important municipal services. CONSENT AGENDA Ms. Pam Kavanaugh, Assistant City Manager, read Agenda Item Numbers 1 through 4 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions numbers 5 and 6 by number and title. 2 Councilmember Martinez requested item number 2 be heard separately. 1. AWARD OF CONSTRUCTION CONTRACT - GRAND CANAL LINEAR PARK AMERICANS WITH DISABILITIES ACT PLAYGROUND This is a request for City Council approval of a contract with JMH Company, Ltd., for construction of the hardscape, landscape and irrigation for the Americans with Disabilities Act (ADA) playground at 75th Avenue, immediately north of Camelback Road in the Grand Canal Linear Park. The development of this park is consistent with both the Parks and Recreation Master Plan and the Grand Canal Linear Park Master Plan. Creation of this facility supports City Council priorities, specifically, enhancing the quality of life for Glendale residents and improving youth development opportunities. The design for this facility reflects the play apparatus and preferences gathered at a public meeting held on June 5, 2002. Two bids were received and opened on August 27, 2003. JMH Company, Ltd., a qualified licensed contractor, submitted the low bid in the amount of $72,553.35, which is consistent with the engineer's estimate for the work. The bid documents included two alternates: alternate one represents a handicapped parking area for future consideration pending demand; and alternate two represents an enhanced landscaped entrance area. The alternate items were included in this bid to gauge the anticipated costs of those amenities for future construction, and are not intended to be constructed at this time. Funds in the amount of $36,276.67 are available in the Fiscal Year (FY) 2003-04 Capital Improvement Program, Grand Canal Linear Park & Regional Park, Park Bonds Fund Account No. 35-8524-8300 and $36,276.68 in the Grand Canal ADA Playground, Account No. 47-8587-8300. Fifty percent of the funding is from a grant from the Arizona State Parks Heritage Fund. The recommendation was to approve award of the construction contract with JMH Company, Ltd. in the amount of $72,553.35. 3. AWARD OF CONSTRUCTION CONTRACT - GLENDALE MUNICIPAL AIRPORT PAVEMENT PRESERVATION This is a request for City Council approval of a construction contract with Sunland Asphalt, Inc., to apply an asphalt pavement preservation sealer on certain aircraft parking aprons and taxiways at the Glendale Municipal Airport. In order to keep the pavement surfaces in usable condition, the airport pavement management program recommends the pavement receive a rehabilitation treatment approximately every five years. This project will fill existing asphalt cracks, apply two layers of asphalt concrete preservative sealer and replace appropriate pavement 3 striping. To insure the construction costs would not exceed the project budget, one add alternate was included in the bid schedule. The project, including Add Alternate No. 1, will apply approximately 150,000 square yards of asphalt concrete preservative sealer. Five bids were received and opened at 2 p.m. on Wednesday, September 3, 2003. Sunland Asphalt, Inc., an Arizona Department of Transportation (ADOT) prequalified and licensed contractor, submitted the lowest bid in the amount of $140,735.63. Ninety percent of the funding for this project, $126,662.06, is provided by an ADOT grant for the development of public airports. The city's share is the remaining 10 percent or $14,073.57. Upon completion of the project, ADOT will reimburse the city for their share of the project. Funds in the amount of $14,073.57 are available in the Pavement/Aviation Easement, Account No. 25-8591-8300 and $126,662.06 in the Pavement Preservation, Account No. 34-8592-8300. The recommendation was to approve the award of construction contract with Sunland Asphalt, Inc., in the amount of$140,735.63. 4. APPROVAL OF A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE FOOTHILLS RECREATION AND AQUATIC CENTER This is a request for City Council approval of a Construction Manager at Risk (CMAR) Agreement with D.L. Withers Construction, LC, to provide design support services for the Foothills Recreation and Aquatic Center. On June 10, 2003, Council approved a professional services agreement with Architectural Resource Team, Inc. (ART), to design the Foothills Recreation and Aquatic Center. D.L. Withers Construction, LC, will be the designated CMAR and will provide design support services. These services include participating in the design of the facilities to identify alternate materials or equipment and potential constructability concerns. The CMAR will also help the design professional track the project requirements, establish the budget and maintain the project schedule. The design will include construction-phasing options for Council consideration. Should the design and construction phasing be approved by Council, D.L. Withers Construction, LC, will conduct the bidding and establish the Guaranteed Maximum Price (GMP) for constructing the project. After establishment of the GMP, Council will be asked to approve a construction contract with D.L. Withers Construction, LC. A Request for Qualifications for a CMAR was published on April 24, 2003, with 21 construction firms responding. Three firms were interviewed on July 7, 2003. The interview committee, comprised of representatives from the Deputy City Manager's Office, Parks and Recreation, Planning, Library, Field Operations, Engineering and a senior executive from a licensed contracting company, selected D.L. Withers Construction, LC, as the best qualified firm to perform the required services. 4 Funds are available in Foothills Recreation and Aquatics, Account No. 36-8048- 8330 to cover the CMAR design support services for this project. The recommendation was to approve the Construction Manager At Risk agreement with D.L. Withers Construction, LC, for an amount not to exceed $143,000. CONSENT RESOLUTIONS 5. COST-SHARING AGREEMENT FOR THREE PEDESTRIAN BRIDGES FOR THE GRAND CANAL LINEAR PARK (CONTRACT NO. 03-LR-32-3490) This is a request for City Council to adopt a resolution authorizing and ratifying the execution of the intergovernmental agreement entitled "Recreational Land Use and Cost-Sharing Agreement between the United States Department of the Interior and the City of Glendale, Arizona". The Department of the Interior Bureau of Reclamation administers a grant program that provides partial reimbursement for projects that link federal lands to existing non-federally owned recreational facilities. The City of Glendale has been working with the bureau to obtain a 50 percent cost-sharing arrangement for three pedestrian bridges the city is constructing across the Grand Canal as part of the Grand Canal Linear Park Master Plan. The bridges will be constructed on federally-owned properties along the Grand Canal banks at 79th Avenue, 83rd Avenue and 87th Avenue. Salt River Project (SRP) manages these properties for the federal government. SRP has already issued final design and construction approvals to the city for two of the bridges. The 79th Avenue site is currently in the initial design phase. Once the design is completed, SRP is expected to approve this bridge as well. Additionally, a Heritage Fund grant will be used to develop a rest area for pedestrians, bicyclists and equestrians at this location. In accordance with the attached intergovernmental agreement, the city will be reimbursed 50 percent of allowable costs up to a maximum total of $135,000 for all three bridges which equates to $45,000 per bridge. This cost-sharing arrangement will not affect the city's control or use of the bridges or recreational facilities. The city will be responsible for the maintenance, repair and replacement of the bridges as originally anticipated and budgeted. In future years this intergovernmental agreement may be amended to include federal cost-sharing for other eligible projects. The account for the 79th Avenue bridge is 79th at Missouri Trans Canal, Account No. 47-806 and the city's match will come from Bridge at Grand Canal at Missouri, Account No. 25-9465-8300. The account for the 83rd and 87th Avenue bridge is 83rd & 87th at Bethany Home Trans Canal, Account No. 47-8062 and the city's match will come from Grand Canal Regional Park, Account No. 35-8524-8300. 5 The recommendation was to waive reading beyond the title and adopt a resolution authorizing and ratifying the execution of the intergovernmental agreement entitled "Recreational Land Use and Cost-Sharing Agreement between the United States Department of the Interior and the City of Glendale, Arizona". Resolution No. 3705 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 RATIFYING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED, "RECREATIONAL LAND USE AND COST-SHARING AGREEMENT" WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE TRANS-CANAL BRIDGE PROJECT 6. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION This is a request for the City Council to authorize the entering into of the Fourteenth Intergovernmental Agreement with the cities of Chandler, Mesa and Scottsdale to jointly engage outside counsel to represent their common interests in Gila River General Stream Adjudication. Specific emphasis is on the issues currently on appeal before the Arizona Supreme Court and generally involve the extent to which groundwater will be subject to adjudication, the standards to be applied in determining federal reserved water rights (Indian claims) and how conflicting rights will be resolved. At stake in this lengthy litigation is approximately one-half of the city's water rights. The cities, through a competitive proposal process, hired William H. Anger of the law firm of Engelman Berger, P.C. to provide the legal representation. The cost of legal services for the 14th year will not exceed $130,000 with expert services not to exceed $10,000. These costs will be shared by the participating cities. Glendale's share of legal services for the 14th year will not exceed $30,000 with expert services not to exceed $2,500. Glendale's total share for the 14th year will not exceed $32,500. Funds are budgeted in the City Attorney's Account No. 01-1510-7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the Fourteenth Intergovernmental Agreement and Contract for Legal Services with the cities of Chandler, Mesa and Scottsdale relating to the joint legal representation in the Gila River General Stream Adjudication. Resolution No. 3706 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 FOURTEENTH INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION It was moved by Lieberman and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1, and 3 through 6, 6 including the approval and adoption of Resolution No. 3705 New Series, and Resolution No. 3706 New Series. The motion carried unanimously. 2. AWARD OF CONSTRUCTION CONTRACT - 71ST AVENUE AND FRIER DRIVE ODOR CONTROL DOSING STATION Mr. Larry Broyles, City Engineer, presented this item. This is a request for City Council approval of a construction contract with RDH Environmental Services, LLC, for the construction of an odor control dosing station at 71st Avenue and Frier Drive. Currently, the city has five temporary stations in operation. This is the first odor control station designed to be permanent. Plans are being made to design and construct additional permanent stations in other areas of the city. Hydrogen peroxide will be pumped into the sewer main underneath the intersection to neutralize sewer gas and reduce bacteria that generate the sewer gas odor as it flows south to Camelback Road. A bid opening was conducted on August 29, 2003 with only one bid received. Staff recommends awarding the contract because the single bid was nearly $75,000 less than the engineer's estimate of $350,000. Funds are available in Sewer Odor Control Sites, Account No. 84-9248-8300 for this project. The recommendation was to approve the award of a construction contract with RDH Environmental Services in the amount of$275,610.52. Councilmember Martinez expressed concern that only one bid was received, noting it was $75,000 less than the city's estimate. Mr. Broyles said it is not uncommon on specialized projects to have a limited number of qualified contractors. He said the consultant that designed the project reviewed the bidder's background and recommended award of the contract. Councilmember Clark asked if the bidder has experience with similar projects, if they have done similar work for other municipalities in the valley and, if so, if the consultant contacted those municipalities before approving the contractor's bid. Mr. Broyles offered to find out the answers to Councilmember Clark's questions. Councilmember Martinez asked if it is critical that Council make a decision this evening. Mr. Broyles said award of the construction contract can be delayed for a couple weeks, noting, however, it will delay the start of actual construction and postpone their ability to address odor problems currently being generated by the sewer. Councilmember Martinez suggested Council table the item to allow staff to follow up on Councilmember Clark's questions. Mr. Broyles reiterated that the bidder's background was verified by the design consultant. Councilmember Martinez explained his concern centers on the city's past experience where the city was given inadequate or erroneous 7 information concerning a contractor. Mr. Broyles explained the problem in that situation was between the contractor and their subcontractor. He pointed out the contractor on that project had been given favorable references by other municipalities, stating recommendations are not a guarantee that there will be no problems. Councilmember Frate asked Mr. Broyles if he is comfortable with staff's recommendation to award the contract. Mr. Broyles responded yes. Councilmember Clark stated she is reluctant to table the project, stating the odor control station is intended to address numerous complaints by area residents. Councilmember Goulet asked if the city has authority to stop the project if it is determined within a reasonable period of time that the contractor is, in fact, unqualified to do the project. Mr. Broyles responded yes. Councilmember Martinez asked if the odor problems could be mitigated for a two week period. Mr. Broyles said the Utilities Department performs ongoing maintenance to combat the odor problems. Councilmember Martinez pointed out the city claimed the contractor on the previously cited project was not performing, however, the contractor disagreed and was ultimately threatened with litigation. Mr. Broyles explained the city is required to show proof that a contractor is not qualified before they can be terminated. Councilmember Martinez reiterated his position the city will be better served by delaying the decision for two weeks. Vice Mayor Eggleston disagreed, stating two weeks is a long time to put up with foul odors. It was moved by Eggleston, and seconded by Clark, to approve agenda item No. 2. Mayor Scruggs asked what criteria had to be met for the Contractor to be deemed qualified. Mr. Broyles stated the consultant that designed the project reviewed the low bidder's qualifications and ensured they have the proper licensing. The motion carried by a vote of 6 to 1 with the following Councilmembers voting "aye": Clark, Eggleston, Frate, Lieberman, Goulet, and Scruggs. Councilmembers voting "nay": Martinez. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 7. REZONING APPLICATION ZON-03-01: 7249 NORTH 91ST AVENUE Mr. John Verdugo, Planner, presented this item. This is a request by Earl, Curley, & Lagarde, P.C., representing New Sun Homes, for approval of a rezoning application for an R1-4 Planned Residential 8 Development (PRD) titled Trilogy at Provence. The 37.17 acre site is located on the east side of 91St Avenue approximately 721 feet north of Glendale Avenue. The PRD Plan includes 217 single-family lots, with attached and detached homes, at a density of 5.8 dwelling units per acre. Lot sizes vary from 3,132 square feet to 9,497 square feet, with an average lot size of 4,889 square feet. The proposed minimum lot width is 32 feet and the proposed minimum lot depth is 83 feet. The application is in conformance with the General Plan designation of Medium- High Density Residential (MHDR), 5-8 dwelling units per acre. The R1-4 PRD request was approved by the Planning Commission on September 4, 2003. The recommendation was to conduct a public hearing and approve Rezoning Application ZON-03-01, subject to the 11 stipulations recommended by the Planning Commission. In response to Councilmember Lieberman's question, Mr. Verdugo explained the Civil Engineer for the subdivision performed a lot-by-lot calculation of the square footage to arrive at the average. Councilmember Lieberman questioned whether the applicant's claim of a 4,889 square foot average lot size is accurate. Councilmember Goulet asked if the alleys will be adequately lit. He also asked if the three car garage will be limited to a fixed number of lots and if homes with two car garages will be allowed to add an access gate. Mr. Verdugo stated the issue of an access gate has not come up during discussions with the applicant. He confirmed three car garages are standard for the units. Councilmember Goulet asked if the CC&Rs will prohibit parking in the alley. Mr. Verdugo responded yes. Mr. Mike Curley, applicant's representative, stated they spent a lot of time dealing with access issues and have received signoffs from all applicable departments. He noted similar projects can be found in other core areas around the valley, stating they have been successful because people want to live close to employment and entertainment services. He said, in these environments, people do not equate lot size with quality or value. He reviewed the architectural elements for each of the three product types designed specifically for the subject property. He said all three of the products, though different, will have common architectural themes, noting the garages will not be visible from the street on 75 percent of the units. Mr. Curley stated the subject site was analyzed during the General Plan Update process and, because of its proximity to the core, was designated for 5 to 8 dwelling units per acre. He stated their project totals 5.8 units per acre and includes over 15.5 percent open space. He said, in an attempt to address concerns by the Planning Commission and Rovey Farms, the applicant agreed to eliminate a building lot along 89th Avenue to help increase the project's street appeal and to increase the width of the landscape buffer. In response to Vice Mayor Eggleston's earlier request, Mr. Curley said, while they believe the amount of open space already offered exceeds that found 9 in other similar projects, the applicant is willing to eliminate Lot 154 in order to increase open space in that area. Mr. Curley confirmed for Vice Mayor Eggleston that all of the Chateau units are two story. Vice Mayor Eggleston asked what is the width of the alley. Mr. Curley responded 20 feet. Vice Mayor Eggleston expressed appreciation for the applicant's willingness to eliminate Lot 154 in order to increase the open space. He asked the applicant to also consider dedicating Lot 139 for open space as well. Mr. Curley offered to discuss Vice Mayor Eggleston's request with the applicant, pointing out, however, that the area around Lot 139 is actually about 15 feet wide and the units have 5 foot side yard setbacks, creating another 10 feet of open space between units. Councilmember Lieberman commented Glendale is ready for a project like the one being proposed. He asked if the detached garages are included in the square footage of the house. Mr. Curley responded no, explaining the square footage is limited to the living area. Councilmember Lieberman asked about the price range of the non- detached units. Mr. Curley said the Chateau units will range between $225,000 and $300,000, the attached townhouses will range between $140,000 and $160,000, and the larger lot units will range between $175,000 to $245,000. Councilmember Lieberman said there appears to be a demand for homes with smaller lots. Councilmember Frate asked if the streets will be tree lined. Mr. Curley explained each of the town homes will come with a landscape package and a common association will maintain the landscaping. Councilmember Frate asked if the gated entry will be open during the day or staffed by a guard. Mr. Curley said the gate will typically be left open during the day, but require a code to enter at night. Councilmember Frate agreed with Vice Mayor Eggleston's suggestion that Lot 139 be designated as open space. Councilmember Goulet asked what is the purpose of the open space between buildings. Mr. Curley explained the open space is intended to help break up the lots and act as a pedestrian pathway. Councilmember Goulet asked if access gates could be added to the homes that have two car garages. Mr. Curley responded yes. Councilmember Goulet asked if the applicant has any concerns or issues with the stipulations recommended by staff. Mr. Curley answered no. Mayor Scruggs asked if the applicant has built the same project anywhere else. Mr. Curley said no, noting, however, they have developed numerous other projects throughout the valley and state. Mayor Scruggs opened the public hearing on Agenda Item No. 7. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Goulet, to approve Rezoning Application ZON-03-01. 10 Councilmember Clark said the density issue was settled when the Western Area General Plan Update was adopted. She thanked the applicant for listening to and incorporating her suggestions. She said, while Glendale is not used to this type of development, she believes there will be a demand for the products being proposed. She said, however, she believes large lot development is ideal for western area of Glendale. Vice Mayor Eggleston asked if the applicant will agree to his request to convert Lot 139 into open space. Mr. Curley offered, instead, to increase the minimum space between the buildings on Lots 138 and 139 to 30 feet. Vice Mayor Eggleston stated he would prefer to have Lot 139 turned into open space to give residents more recreational space. Councilmember Martinez stated the project is unique and he likes the diverse housing being offered. He said the applicant has worked with the city and agreed to numerous concessions. He stated, while he appreciates Vice Mayor Eggleston's concern, he believes the applicant's alternative is adequate. In response to Vice Mayor Eggleston's question, Mr. Curley clarified the applicant has, in fact, given up two lots along 89th Avenue. Councilmember Clark amended her motion to include stipulations eliminating Lot 154 and requiring a minimum of 30 feet of open space between Lots 138 and 139. Councilmember Goulet seconded the amended motion. Mayor Scruggs stated she believes strongly in offering diversity in housing because the city has evolved into one of varying tastes and preferences. Upon a call for the question, the amended motion carried unanimously. 8. PROPOSED ANNEXATION NO. 147 LOCATED AT THE SOUTHWEST CORNER OF 91ST AND NORTHERN AVENUES Ms. Kate Langford, Senior Planner, presented this item. This is a request to annex approximately 135 acres located at the southwest corner of 91st and Northern avenues. The annexation is being requested by the property owner. The blank annexation petition was recorded on September 3, 2003. This public hearing is being conducted during the last 10 days of the 30-day waiting period required by state statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first class mail. The proposed annexation area has been posted in at least three visible places and the public hearing has been advertised in The Glendale Star. 11 Once the public hearing has been conducted and the 30-day waiting period expires on October 3, 2003, then signatures may be gathered. If a sufficient number of signatures in favor of annexation are obtained and the required amount of valuation is presented by these signatures, then the City Council will be asked to consider the adoption of an annexation ordinance. The recommendation was to conduct a public hearing on the blank annexation petition as required by state statute. Mayor Scruggs opened the public hearing on Agenda Item No. 8. As there were no comments, Mayor Scruggs closed the public hearing. 9. PROPOSED ANNEXATION NO. 149 LOCATED AT THE SOUTHWEST CORNER OF 95TH AND NORTHERN AVENUES Ms. Kate Langford, Senior Planner, presented this item. This is a request to annex approximately four acres located at the southwest corner of 95th and Northern avenues. The annexation is being requested by the property owner. The blank annexation petition was recorded on September 3, 2003. This public hearing is being conducted during the last 10 days of the 30-day waiting period required by state statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first class mail. The proposed annexation area has been posted in at least three visible places and the public hearing has been advertised in The Glendale Star. Once the public hearing has been conducted and the 30-day waiting period expires on October 3, 2003, then signatures may be gathered. If a sufficient number of signatures in favor of annexation are obtained and the required amount of valuation is represented by these signatures, then the City Council will be asked to consider the adoption of an annexation ordinance. The recommendation was to conduct a public hearing on the blank annexation petition as required by state statute. Councilmember Lieberman pointed out that the map is incorrect. In response to Mayor Scruggs' question, Ms. Langford stated the request was brought forward because annexation was requested by the property owners. Mayor Scruggs asked if the Management Team has discussed how much development on a parcel will be accepted into the annexation process before the city concludes their work on the annexation guidelines for developed properties. Ms. Langford responded no. She said, given the property's location and impending development potential, that it 12 would be in the city's best interest to annex the two parcels at this time. She stated this annexation will not be precedent setting for any other developed properties. Mayor Scruggs cautioned staff to pay close attention to future annexation requests until such time as the guidelines for developed properties is completed. Councilmember Clark asked if the guiding criteria for annexation of developed properties is whether or not it is in the city's best interest. Mr. Flaaen clarified the city is never required to annex a property. He said whether or not an annexation is in the city's best interest is always a guiding factor, but is not necessarily an overriding factor. Mayor Scruggs opened the public hearing on Agenda Item No. 9. As there were no comments, Mayor Scruggs closed the public hearing. 10. PROPOSED ANNEXATION NO. 150 OF 91ST AVENUE RIGHT-OF-WAY LOCATED BETWEEN THE MISSOURI AVENUE ALIGNMENT AND THE MONTEBELLO AVENUE ALIGNMENT Ms. Kate Langford, Senior Planner, presented this item. This is a request to annex approximately three acres of 91st Avenue right-of-way. The portion of right-of-way included in this annexation area is located between the Missouri Avenue alignment and the Montebello Avenue alignment. The proposed annexation will support the implementation of the Event Management Plan for the Glendale arena that is scheduled to open in December 2003. The blank annexation petition was recorded on September 3, 2003. This public hearing is being conducted during the last 10 days of the 30-day waiting period required by state statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing. All property owners within the area to be annexed have been notified by first class mail. The proposed annexation area has been posted in at least three visible places and the public hearing has been advertised in The Glendale Star. Once the public hearing has been conducted and the 30-day waiting period expires on October 3, 2003, then signatures may be gathered. If a sufficient number of signatures in favor of annexation are obtained, and these signatures represent the required amount of valuation, then the City Council will be asked to consider the adoption of an annexation ordinance. The recommendation was to conduct a public hearing on the blank annexation petition as required by state statute. Ms. Langford confirmed for Councilmember Clark that the property is owned by Maricopa County, but that the City of Glendale initiated the request for annexation. She noted the county is eager to have the right-of-way annexed. She clarified the right-of- way is 68 feet wide. 13 Mayor Scruggs opened the public hearing on Agenda Item No. 10. As there were no comments, Mayor Scruggs closed the public hearing. ORDINANCES 11. ANNEXATION ORDINANCE FOR 5.8 ACRES LOCATED AT THE NORTHWEST CORNER OF 75TH AVENUE AND ROSE GARDEN LANE (ANNEXATION AREA NO. 148) Ms. Kate Langford, Senior Planner, presented this item. This is a request to annex approximately 5.8 acres generally located at the northwest corner of 75th Avenue and Rose Garden Lane. The property owner is requesting the annexation. This site was deannexed by the City of Peoria on October 1, 2002. The next step in the process is for the Glendale City Council to adopt an ordinance that describes the area to be annexed and declares that the annexation of this 5.8-acre site shall be contingent upon fulfillment of the conditions required in the Arizona Revised Statutes, § 9-471. Once the annexation ordinance is adopted by Glendale, the request is forwarded to the Maricopa County Board of Supervisors for final action. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale city limits, as defined in the annexation ordinance for Annexation Number 148. Ordinance No. 2336 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 148 Mayor Scruggs opened the public hearing on Agenda Item No. 11. Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District, asked about the property's zoning. Mr. Flaaen stated staff will provide Ms. Lewis with her answer, explaining it is inappropriate for Council to answer questions during public comment. Ms. Lewis said Peoria uses 75th Avenue rather than 83rd Avenue as its main thoroughfare, therefore, she is concerned about anything that would add more traffic to 75th Avenue. She expressed her opinion that Peoria's refusal to open the Loop 101 at 83rd Avenue is self-serving. 14 Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2336 New Series. Mayor Scruggs directed staff to meet with Ms. Lewis. Upon a call for the question, the 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. 12. CHANGE IN LOOSE TRASH SET-OUT SCHEDULE It was moved by Clark and second by Lieberman to table item No. 12 until the next regular council meeting to be held on October 14, 2003. The motion carried unanimously. This is a request for City Council to approve an ordinance amending the Glendale City Code related to the collection of loose trash, which is provided as a monthly service to all single family residences. Loose trash (uncontained refuse) is material that typically will not fit into a refuse container and can include vegetation, appliances, furniture and other oversized items. Currently, the city code allows residents to set-out loose trash for collection one week prior to the week of service. During the May 6, 2003 City Council workshop, staff presented a recommendation to reduce the number of days residents may place loose trash out for collection from one week prior to the scheduled service week, to the weekend prior to the service week. The weekend will be defined as beginning at 6:00 am. Saturday. This change effectively reduces the set-out time from seven days to two days and will reduce visual blight and opportunities for scavenging or fire. The City Council concurred with this proposal and staff was directed to make the necessary operational and ordinance changes. To achieve as much voluntary compliance as possible, an extensive informational campaign has been initiated to notify residents of the change. Information will be disseminated through the City of Glendale website, KGLN, two separate articles in the Glendale Connection, and articles in the Neighborhood Partnership newsletter that is circulated to over 185 registered neighborhoods throughout the city. Media releases will be issued to each of the local newspapers and new signboards will be developed for the sides of our refuse trucks announcing the change. Sanitation inspection staff will also be reminding residents of the upcoming change when they come into contact with them. Because many residents use the service infrequently, staff is recommending that the change be initiated in January 2004 to allow as much notice to the public as possible. Therefore, the effective date of the ordinance is December 26, 2003. 15 The recommendation was to waive reading beyond title and adopt an ordinance changing the set-out time for the collection of uncontained refuse. 13. BUREAU OF RECLAMATION AND SALT RIVER PROJECT RIGHT-OF- WAY LICENSE AT 95TH AVENUE NORTH OF CAMELBACK ROAD Ms. Kathie Sholly, Property Manager, presented this item. This is a request for City Council to approve a right-of-way license agreement with the Bureau of Reclamation (BOR) and Salt River Project (SRP) for a portion of 95th Avenue, north of Camelback Road. As part of the development of the Agua Fria Towne Center, a BOR irrigation facility was relocated and placed underground by the developer, Vestar. The developer gave the BOR ownership of the strip of land for its new irrigation facility location. The developer then constructed the road improvements over the BOR land. The new BOR irrigation pipe is located beneath the sidewalk along the west side of 95th Avenue. So that the BOR formally acknowledges the city's sidewalk, landscaping, and similar roadway improvements within its land, the city has been asked to enter into a license agreement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to enter into a Right-of- Way License with Salt River Project on behalf of the Bureau of Reclamation. Councilmember Clark asked if the license agreement involves the transfer of any money to or from either party. Ms. Sholly responded no. Ordinance No. 2338 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A RIGHT-OF-WAY LICENSE AGREEMENT WITH THE UNITED STATES BUREAU OF RECLAMATION AND SALT RIVER PROJECT FOR A PORTION OF 95TH AVENUE NORTH OF CAMELBACK ROAD; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED It was moved by Frate, and seconded by Clark, to approve Ordinance No. 2338 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. 14. SALT RIVER PROJECT ELECTRICAL EASEMENT AT ROVEY SUBSTATION, MARYLAND AVENUE NEAR 95TH AVENUE Ms. Kathie Sholly, Property Manager, presented this item. 16 This is a request for City Council to ratify the granting of an electrical easement to Salt River Project (SRP). This easement is located north of Maryland Avenue, east of 95th Avenue, at the northwest corner of the Rovey Substation site serving the area of the Coyotes and Cardinals developments. SRP had previously been granted an easement, but during construction discovered that the location of the easement was not the best suited to the final design. As a result, SRP asked the city to grant a new easement for the revised location of its facilities, which have already been installed. In exchange, SRP agreed to execute a Quit Claim Deed to the city, relinquishing any rights it might have in the old easement. The recommendation was to waive reading beyond the title and adopt an ordinance ratifying the execution of an electrical easement in favor of Salt River Project. Ordinance No. 2339 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, RATIFYING THE EXECUTION OF AN ELECTRICAL EASEMENT IN FAVOR OF SALT RIVER PROJECT AT THE NORTHWEST CORNER OF THE ROVEY SUBSTATION SITE SERVING THE AREA OF THE COYOTES AND CARDINALS DEVELOPMENTS; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2339 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. 15. SALT RIVER PROJECT ELECTRICAL EASEMENT AT MARYLAND, WEST OF 91ST AVENUE Ms. Kathie Sholly, Property Manager, presented this item. This is a request for City Council to grant a power distribution easement to Salt River Project (SRP). This easement crosses Maryland Avenue, west of 91st Avenue. The easement consists of three crossings of Maryland Avenue near 95th and 93rd avenues, and near the Rovey Substation site. The easement will enable SRP to provide service to the Coyotes and Cardinals developments. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a power distribution easement in favor of Salt River Project. Ordinance No. 2340 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A POWER DISTRIBUTION EASEMENT AT MARYLAND AVENUE, WEST OF 91ST AVENUE IN 17 FAVOR OF SALT RIVER PROJECT TO PROVIDE SERVICE TO THE COYOTES AND CARDINALS DEVELOPMENTS; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2340 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. 16. ABANDONMENT OF 22,810 SQUARE FEET OF RIGHT-OF-WAY, WEST OF 51ST AVENUE AND NORTH OF GLENN DRIVE Ms. Kathie Sholly, Property Manager, presented this item. This is a request to abandon a portion of an undeveloped right-of-way located west of 51st Avenue, between Glenn Drive and Myrtle Avenue. A portion of the south half of this right-of-way has previously been abandoned. The right-of-way does not continue through to any roadway. No street improvements have been made, nor is the right-of-way necessary for access purposes. There are no utilities or other facilities within the area proposed to be abandoned. Approving the abandonment request would relieve the city of liability for right-of- way that is unused for public purposes and is difficult to maintain, and would relieve the city of liability for private improvements, such as fences and sheds, that have been constructed within the right-of-way. The area to be abandoned contains a total of 22,810 square feet. No objections to the abandonment have been received from any other city departments or utility companies providing service in the area. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning this portion of unused right-of-way. Ms. Sholly confirmed for Mayor Scruggs that the right-of-way will never be needed. In response to Councilmember Lieberman's question, Ms. Sholly explained the property will return to the adjacent property owner of record. Ms. Sholly clarified for Mayor Scruggs that the right-of-way measures 20 feet at its widest point. Ordinance No. 2341 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF 22,810 SQUARE FEET OF RIGHT-OF-WAY WEST OF 51ST AVENUE AND NORTH OF GLENN DRIVE 18 TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE It was moved by Eggleston, and seconded by Frate, to approve Ordinance No. 2341 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. 17. ABANDONMENT OF 4,920 SQUARE FEET OF RIGHT-OF-WAY, WEST OF 51ST AVENUE AND NORTH OF GLENN DRIVE Ms. Kathie Sholly, Property Manager, presented this item. This is a request to abandon a portion of an undeveloped right-of-way located west of 51st Avenue, between Glenn Drive and Myrtle Avenue. A portion of the south half of this right-of-way, from 51st Avenue west approximately 200 feet, has previously been abandoned. The right-of-way does not continue through to any roadway. No street improvements have been made nor is the right-of-way necessary for access purposes. There are no utilities or other facilities within the area proposed to be abandoned. Approving the abandonment request would relieve the city of liability for right-of- way that is unused for public purposes and is difficult to maintain. Abandoning the right-of-way will also enable the owner of the adjacent property, Town Square Apartments of Glendale Limited Partnership, to more effectively lay out the elements of its courtyard homes development. The area to be abandoned contains a total of 4,920 square feet. No objections to the abandonment have been received from any other city departments or utility companies providing service in the area. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning this portion of unused right-of-way. Ordinance No. 2342 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF 4,920 SQUARE FEET OF RIGHT-OF-WAY WEST OF 51ST AVENUE AND NORTH OF GLENN DRIVE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2342 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. 19 BOARDS AND COMMISSIONS 18. BOARDS AND COMMISSIONS Appointments are to be made to the following commissions that have a vacancy or expired term. Effective Term Date Expires Aviation Advisory Commission Jones, Billy S. (Vice-Chair) Re-appointment 11/24/2003 11/23/2004 Yucca Simon, Eric (Barrel) Re-appointment 11/24/2003 11/23/2005 Citizens Commission On Neighborhoods Lenox, Nancy (At-Large ) Appointment 09/23/2003 06/30/2004 Cholla Commission on Persons With Disabilities Caufield, JoAnn F. Cholla Appointment 09/23/2003 02/27/2004 Beaver, Michael L. Cholla Appointment 09/23/2004 02/27/2005 Gentry, Barbara Yucca Appointment 09/23/2004 02/27/2005 Community Development Advisory Committee Ronquillo, Dolores CAP Board Appointment 09/23/2003 07/01/2005 Ortega, Cheryl CAP Board Appointment 09/23/2003 09/24/2004 Historic Preservation Commission Swanton, Brian (At-Large) Appointment 09/23/2003 04/13/2005 Ocotillo Personnel Board Levine, Ben (At-Large) Re-appointment 12/23/2003 12/22/2005 Cholla 20 The recommendation was to make appointments to the Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above, for the terms listed above, to the Aviation Advisory Commission, Citizens Commission On Neighborhoods, Commission on Persons With Disabilities, Community Development Advisory Committee, Historic Preservation Commission, and Personnel Board. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, October 7, 2003, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Ms. Robin Berryhill, a resident of the City of Glendale Ocotillo District, said she has attended meetings, wrote an article in the Glendale Star and phoned the City Manager's Office to find out when the New Property Maintenance Codes would come before the City Council. She stated she was surprised to find out the codes passed on July 2. She said Councilmember Frate promised to put her on a list to be notified of upcoming meetings, however, she did not receive any notification of meetings. She stated, while she agrees the update was necessary, she does not agree with the way in which it was done. She said the city is asking for major repairs to be completed in a short time, suggesting timetables should have been established for minor and major repairs. She said, while Glendale's decision making process allowed for public input, the final decision was made by city employees. She expressed her opinion the final draft should have included a citizen participation committee. She stated she believes residents willingly comply with the city's codes when they can afford to do so and suggested the city take a friendlier approach. She said the police would be required to obtain a search warrant in order to search a residents yard, however, a code enforcement officer is not held to the same standard. She asked what, if any, safeguards are in place to prevent residents from using code issues as a means of retaliating against neighbors. She asked if the $99 fee the city places on a resident's water bill if they do not comply with code requirements is legal, expressing her opinion a review or report should occur first. She asked how the $99 fee is used and if a resident's water could be shut off if they refuse to pay the fee. A written copy of Ms. Berryhill's comments was submitted for the record. Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District, suggested the city look into expanding the Talavi Business Park to the northeast corner of 59th Avenue and Bell Road. She thanked Councilmember Clark for looking into an Empty Big Box Ordinance, stating it is long overdue. She commented on Scottsdale's abuse of the fighter jet refueling, stating they are out of line. She asked why the Coyotes' 21 coming out party was held at Arizona Mills in Tempe when Glendale is their new home. She said she would like an apology and an explanation from the Coyotes. Ms. Debra Kist, a resident of the City of Glendale Barrel District, also expressed disappointment in the Coyotes' lack of respect when choosing a site to unveil their new uniforms. She said it appears no one wants to pay for a police substation at Manistee, even though it is in the best interest of Glendale residents. She suggested the city approach the Coyotes for a contribution. She said Planning and Zoning is scheduled to review the Conditional Use Permit for the Wal-Mart Superstore at 59th Avenue and Bell Road, expressing her opinion there needs to be further discussion. She suggested the city consider replacing the Costco building with a business park that could provide high paying jobs for Glendale residents. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark reported the new public safety facility at 83rd Avenue and Bethany Home Road was dedicated last week. She complimented the architects, city staff and everyone involved in bringing the building to fruition. She announced a district meeting will be held on September 25 at Bicentennial Elementary School. She apologized with regard to the mailing for last week's district meeting, explaining the notices were mailed on September 4, but were not received until after the meeting. Councilmember Goulet invited everyone to attend the fire parade on the first Saturday in October. He noted new kiosks have been placed around the downtown area. Councilmember Martinez thanked the Boy Scout troop that attended last night's district meeting and invited them to attend future meetings as well. Councilmember Frate invited neighborhood leaders and Block Watch Captains to the Gang Night kick off on October 3 at the main public safety building at 57th Drive and Glendale Avenue. He urged residents to watch children around water. ADJOURNMENT There being no further business, the meeting was adjourned at 9:15 p.m. _____D e,- - � 14.-m--- Pamela Hanna - City Clerk 22