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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/14/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, OCTOBER 14, 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; Pam Kavanaugh, Assistant City Manager; Jon Paladini, Deputy 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 4 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 23, 2003 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the September 23, 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 ARIZONA CITIES AND TOWNS WEEK 2003 This is a request for the City Council to proclaim the week of October 20-26 as Arizona Cities and Towns Week 2003. The residents rely on their local government to provide essential services in order to experience a high quality of life. Through education and awareness it is important to have citizens, community leaders and city staff work together to maintain this quality of life. The recommendation was to present the Arizona Cities and Towns Week Proclamation to Leo Hauguel. Mr. Leo Hauguel thanked the Mayor and Council as well as the Police Department for nominating him for the Proclamation. He encouraged everyone to get involved in their neighborhoods by joining or instigating a block watch program. 1 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 Goulet requested item numbers 14 and 15 be heard separately. Councilmember Eggleston stated he has a conflict of interest with item number 11 and will abstain from the vote. Councilmember Martinez requested item number 1 be heard separately. Councilmember Clark requested item number 6 be heard separately. 2. MAINTENANCE AGREEMENT; LIBRARY COMPUTERS This is a request for City Council to approve a maintenance contract renewal with DYNIX, Inc., the library's automation vendor, for on-call and preventive maintenance for software, server, and network components of the computer system. One of the City Council strategic priorities is leveraging technology for efficiency and convenience. The maintenance agreement for library computers is designed to protect the city's extensive investment in automation at all three library facilities. Last year public access computers registered an average of 836 daily sign-ups, and the library's electronic resources are available to our citizens at home and work on a 24- hour basis. This agreement will provide a method to replace and/or repair broken or defective equipment within a prescribed period of time, minimizing impact upon internal operations and external delivery of services; scheduled preventive maintenance to isolate and correct potential problems; and software upgrades and enhancements. Equipment covered by the agreement includes three servers and one system printer. Network components covered include 14 hubs, three routers, and five switches. DYNIX, Inc. provides proprietary technology with a fixed amount for maintenance costs based upon the library's configuration of equipment. Due to the customized hardware and software configuration of the library's current automation system, it is impossible for any other vendor to maintain the hardware and provide necessary software upgrades. In Arizona, Mesa Public Library, Apache Junction Public Library, and Yavapai Library Network use DYNIX, Inc., and each has a similar yearly maintenance agreement. The library is planning to replace its existing library automation product within the next year because the vendor is phasing out their current software product to take advantage of newer technology. 2 This is a maintenance contract that has been renewed annually with this vendor since 1994. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost _ $81 ,795.51 $81,795.51 Account Name, Fund, Account and Line Item Number: Equipment Maintenance Account No. 01-4510-7450 The recommendation was to authorize the renewal of the maintenance contract with DYNIX, Inc., in the amount of $81 ,795.51. 3. ORCHARD GLEN NEIGHBORHOOD GRANT PROJECT: CONSTRUCTION ADMINISTRATION SERVICES This is a request for the City Council to amend a current design services contract with the Sherman Group, Inc. for an additional $21,063.25 to provide construction and inspection administration services for the Orchard Glen neighborhood grant improvements. Actual construction is scheduled to begin early this fall. The approval of this amendment will facilitate the revitalization of the Orchard Glen neighborhood and the City Center Master Plan area. On May 22, 2002, the Sherman Group, Inc. was hired to design streetscaping and decorative lighting along the east and west sides of 59th Drive from Glendale Avenue to Lamar Road and from 59th Drive and Lamar Road, east to 59th Avenue for the Orchard Glen Neighborhood. The original contract totaling $40,000, was for design only and was reviewed and approved by the Mayor and Council as a part of the Spring 2002 neighborhood grants process. Now that the design work is finished, actual construction will occur later this fall. The cost to inspect and administer these construction improvements (by the Sherman Group, Inc.), amounts to an additional $21,063.25. This will bring the total professional services agreement with the Sherman Group, Inc. to $61,063.25. Because of this additional amount, formal Council approval is necessary. Design and construction funds for the Orchard Glen neighborhood improvement project were previously approved by the Mayor and City Council as a part of the Fall 2002 Neighborhood Partnership grants process. The Orchard Glen neighborhood improvement project will further revitalize the neighborhood and improve the city center area. 3 Budget Impacts & Costs: Grants Capital One-Time Budgeted U n budgeted Total Expense Cost X $21,063.25 $21,063.25 Account Name, Fund, Account and Line Item Number: Community Development Block Grant Account No. 11-8655-8330 The recommendation was to approve the amendment for construction administration in the amount of $21 ,063.25. 4. PROFESSIONAL SERVICES AGREEMENT-GLENDALE MUNICIPAL AIRPORT EASTSIDE TAXIWAY AND APRON This is a request for the City Council to approve a professional services agreement with Z&H Engineering, Inc., to design a new eastside parallel taxiway and parking apron. This project was approved as part of the Glendale Airport Master Plan and will support the future development on the east side of the airport. One of the City Council's strategic priorities is to promote economic development. With construction of the eastside taxiway and parking apron, the property on the east side of the airport becomes available for development for large commercial airport business. The new eastside taxiway will assist aircraft movement associated with future development on the east side of the airport. In 1998 the city hired Coffman Associates to update the Glendale Airport Master Plan. The airport's current number of airport- based aircraft is 241, with 112,000 operations out of the airport annually. The 1998 master plan forecasts an increase in airport-based aircraft to 288 by 2005 and 403 by 2020, with annual operations predicted to increase to 155,000 and 215,000 by 2005 and 2020, respectively. With the addition of the hockey arena, multi-use stadium and westside development opportunities these forecasted outcomes will be strengthened. Engineering staff sent a request for a letter of interest to over 100 professional engineering firms. Fourteen firms responded that they would like to receive the request for proposal (RFP). Of those 14 firms, eight submitted a proposal. The proposal review team, consisting of Glendale Airport, Engineering, and Transportation Department staff, and two outside aviation representatives, selected Z&H Engineering, Inc. to perform the required design services. Council approved the current Airport Master Plan update, which includes the suggested eastside development and expansion, on January 13, 1998. 4 The Glendale Airport plays a major role in meeting the increasing demand for aviation services in the West Valley. With the addition of the arena, multi-use facility and future development opportunities, the need for these services also increases. The construction to lengthen and widen the airport runway was just recently completed. The construction of the eastside taxiway and apron area is the next step in developing the east side of the airport. The growth of the airport will help attract future corporate businesses to the city and West Valley. The eastside taxiway was included in the Airport Environmental Assessment performed for the airport runway expansion project. A public meeting for the environmental assessment was held on May 3, 2001. Notification of this meeting was published in the Arizona Republic and the Tribune, however there was no public attendance. Ninety percent of the funding for the design of this project is provided by a grant for the development of public airports from the Federal Aviation Administration. The remaining 10 percent will be shared by the Arizona Department of Transportation and the city. The city's share, $9,122, is available in the Go Glendale Transportation Plan, Fund 25. Budget Impacts & Costs: Grants Capital One-Time Budgeted U n budgeted Total Expense Cost $157,363 X $9,122 $166,485 Account Name, Fund, Account and Line Item Number: Parallel Taxiway and Connector Taxiways, Account No. 34-8025-8330, $157,363 Parallel Taxiway and Connector Taxiways, Account No. 25-8064-8330, $9,122 The recommendation was to approve the professional services agreement with Z&H Engineering, Inc., in the amount of $166,485. 5. PROFESSIONAL SERVICES AGREEMENT — 67TH AVENUE IMPROVEMENTS, CAMELBACK ROAD TO GRAND AVENUE This is a request for the City Council to approve a professional services agreement with Kirkham Michael Consulting Engineers for the engineering design and construction services for street improvements to 67th Avenue between Camelback Road and Grand Avenue. The reason for the project is to add curb, gutter, sidewalk and landscaping where needed, improve the intersections at Came!back Road and Glendale Avenue, add five bus bays with shelters, replace a 30-year-old waterline and place the existing utility lines underground. One of the Council's strategic priorities is to improve transportation options in the city. When voters passed a half-cent increase in the sales tax in 2001 to support 5 transportation projects, staff began to implement the Glendale Onboard (GO) program. Improvements are being made to streets, transit, intersections, and bicycle and pedestrian paths. The City of Glendale's Capital Improvement Program (CIP) has prioritized street improvements within the city and established funding to construct the improvements. In November 2001, Glendale voters approved funding for the GO Program for a variety of transportation projects to enhance the quality of life throughout Glendale. These intersection improvements and pavement widening projects under the GO Program include paving, curb and gutter, sidewalk, bus bays, landscaping, lighting, signal modifications, and other street-related improvements. The GO intersections and the CIP street improvements have been combined into one project. A recent water system evaluations study on the condition of the existing water system within the city has indicated that several of the existing waterlines are over 30 years old and should be planned for replacement. The existing 12-inch waterline in 67th Avenue falls into this category and will be replaced as part of this project. City Council awarded the half-cent transportation sales tax program development to URS Corporation in June 2001. Council subsequently approved by ordinance in February 2002 a Citizen Transportation Oversight Committee (CTOC) to identify projects for the GO Program. Two intersections in this project were identified by CTOC for improvements. URS is responsible for the development of design concepts, which will serve as the basis for the final design. Council also approved this project in the 2003-2013 CIP. Engineering Department staff recently selected several firms to provide professional engineering services on an on-call basis for design and construction services. Kirkham Michael Consulting Engineers was selected from this list. 67th Avenue is a major arterial street within the city that carries in excess of 30,000 vehicles per day. Portions of the street have existing curb, gutter, and sidewalk while other segments are without improvements. This project will complete the street improvements between Camelback Road and Grand Avenue as well as convert the majority of the existing overhead utilities to underground. The improvements will include bus bays and turn lanes to improve the traffic flow on the street. A 30-year-old waterline will also be replaced to reduce the chance for leaks, requiring repairs in the new street. URS Corporation has made contact with property owners directly impacted by the improvements. Public meetings were recently conducted at several locations around the city to inform the public of the projects and to receive comments. Kirkham Michael will also conduct public information meetings during the final design process so citizens can see the progress being made and the schedule for the project. Engineering Department staff negotiated a scope of work and fee for design and construction services with Kirkham Michael Consulting Engineers in the amount of 6 $998,175. The streets component is $931,213 and is available in Fund 61 (Street Revenue Bonds) and Fund 25 (Transportation Sales Tax). The waterline component is $66,962 and funding is available in Fund 83 (Water Subfund). Funds in the amount of $697,213 for the design and construction services of this project are available in the Fiscal Years 2003-05 Capital Improvement Program, 67th Avenue-Camelback Road to Grand Avenue, Account No. 61-9568-8300. Funding for the waterline improvements is available in the Waterline Replacement Account No. 83- 9249-8300 in the amount of $66,962. Fund transfers are required from Intersection Improvements, Account No. 25-9448-8300 in the amount of $114,000; from Bus Pullout, Account No. 25-9446-8300 in the amount of $94,000; and from Lane Drop Elimination, Account No. 25-9464-8300 in the amount of $26,000 into 67th Avenue- Camelback Road to Grand Avenue, Account No. 25-9478-8300. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost X $998,175 $998,175 Account Name, Fund, Account and Line Item Number: 67th Avenue, Camelback Road to Grand Avenue, Account No. 61-9568-8300, $697,213 67th Avenue, Camelback Road to Grand Avenue, Account No. 25-9478-8300, $234,000 Waterline Replacement, Account No. 83-9249-8300, $66,962 The recommendation was to approve the fund transfer and the Professional Services Agreement with Kirkham Michael Consulting Engineers in the amount of $998,175. 7. SOUTH HALF OF MARYLAND AVENUE STREET CONSTRUCTION — 91ST TO 951" AVENUES This is a request for City Council approval of the construction of the south side of Maryland Avenue between 91st and 95th avenues. This project is included in the infrastructure improvements that will be completed to serve the new multi-purpose facility that will be the future home of the Arizona Cardinals. The original schedule called for the south half of Maryland Avenue to be completed in fiscal year 2005. However, staff believes it is in the best interest of the city to have the south side of Maryland Avenue improved at the same time as the north half. The north half of Maryland Avenue is being improved as part of the arena project. By advancing the improvements to the south half of Maryland Avenue, full street improvements will be ready for the opening in December. On July 22, 2003 Council adopted a resolution forming a community facilities district (CFD). The CFD will, among other things, install and construct certain infrastructure and parking for the multi-purpose facility. 7 The south side of Maryland Avenue was previously scheduled for completion in the Community Facilities District budget in fiscal year 2005. The arena project only included the north half of Maryland Avenue. Staff initiated the discussion to expedite construction of the south side of Maryland Avenue in order to be completed for the opening of the arena. With the completion of Maryland Avenue for the arena opening, this will assist with the loading and unloading of vehicles attending events at the arena. Staff met with members from the Cardinal and Coyote organizations and has their full support for the completion of the south half of Maryland Avenue. On September 10, 2003 a meeting was held with neighborhood representatives directly east of the stadium site. The group reviewed and was in support of the improvements and configuration of Maryland Avenue. Funding for the south half of Maryland Avenue is included in the Community Facilities District (CFD) budget. However due to the timing of the formation and selling of bonds, CFD funding will not be available in time to fund the improvements to the south side of Maryland Avenue prior to the opening of the arena. Therefore, staff has identified funding in the city's CIP that can be used to temporarily to fund the improvements for the south half of Maryland Avenue. Once the formation of the district is completed and the bonds are sold, the city will be reimbursed by the CFD. This reimbursement is scheduled to occur the end of this calendar year. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost $262,130 X *X $262,130 Account Name, Fund, Account and Line Item Number: Maryland Avenue — South Half Account No. 61-8819-8300 *Funds are currently available in the CIP to fund this project. The recommendation was to approve construction of the south side of Maryland Avenue to be paid from account number 61-8819-8300 in the amount of $262,130. 8. FINAL PLAT APPLICATION FP-03-05: PARADISE VISTAS II - 5658 WEST NORTHERN AVENUE This is a request by Clouse Engineering for final plat approval for a subdivision titled Paradise Vistas II. 8 The proposed final plat is consistent with the General Plan and the existing R1-6 (Single Residence) zoning district. The proposed subdivision adds to the city's residential housing stock by developing a vacant infill property with single-family homes. This development incorporates sound growth management techniques by utilizing the surrounding infrastructure. The site is located on the north side of Northern Avenue, west of 56th Avenue. The subdivision includes 73 single-family lots on 19.7 acres at a gross density of 3.7 residential dwelling units per acre. Lot sizes vary from 6,564 square feet to 14,040 square feet with an average lot size of 7,329 square feet. The proposed minimum lot width is 60 feet and the proposed minimum lot depth is 110 feet. This request meets the requirements of the Subdivision and Minor Land Division Ordinance and meets the Single Family Residential Design Guidelines. The Planning Commission approved the preliminary plat for this subdivision on April 17, 2003. All stipulations of the preliminary plat have been satisfied. This project transforms the existing vacant inf ill parcel into an attractive development, provides housing near existing and planned shopping and nearby amenities and provides for an attractive streetscape along Northern Avenue. The recommendation was to approve final plat application FP-03-05. 9. FINAL PLAT APPLICATION FP-03-06: CASA DE ENSUENO - 7701 NORTH 83RD AVENUE This is a request by Bright Angel Trust for final plat approval for a subdivision titled Casa De Ensueno. The proposed final plat is consistent with the General Plan and the existing SR- 17 PRD (Suburban Residence, Planned Residential Development) zoning district. The proposed subdivision provides meaningful growth to the city's residential housing stock by developing a large lot subdivision for custom homes. It also adds another well- planned neighborhood to the city's residential housing stock. The site is located north of the northeast corner of 83rd and Orangewood avenues. The applicant intends to build a gated subdivision with a private street on this site with 15 large lots on 11.78 acres at a density of 1 .27 dwelling units per acre. Lot sizes vary from 22,720 square feet to 32,450 square feet. The proposed minimum lot width is 122 feet and the proposed minimum lot depth is 158 feet. This request meets the requirements of the Subdivision and Minor Land Division Ordinance, is consistent with the proposed Development Plan, and meets the Single Family Residential Design Guidelines. The Planning Commission approved the preliminary plat for this subdivision on May 15, 2003. All stipulations of the preliminary plat have been satisfied. 9 This project transforms the existing vacant parcel into an attractive large-lot development with custom homes, provides housing near amenities and provides for an attractive streetscape along 83rd Avenue. The recommendation was to approve final plat application FP-03-06. 10. LIQUOR LICENSE NO. 3-892 SAL'S PIZZA & PASTA This is a request by Dennis Basile for the City Council to approve a new series 12 (restaurant) license for Sal's Pizza & Pasta located at 20020 N. 59th Avenue, Suite 103. The previous owner operated this business as Arizona Pizza Café and held a series 12 license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses & 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. The Planning Department, Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. No protests were filed during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 11 . LIQUOR LICENSE NO. 3-893 PARKSIDE EATERY This is a request by Vanessa Jaacks for the City Council to approve a new series 12 (restaurant) license for Parkside Eatery located at 5739 W. Glendale Avenue. The previous owner operated this business as Jacka's Alley Grill and held a series 12 license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses & 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. The Planning Department, Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. No protests were filed during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 10 12. LIQUOR LICENSE NO. 3-896 GLENDALE ARENA This is a request by Michael Braden for the City Council to approve a person and location transfer of a series 6 (on- & off-sale retail, all liquor) license for the Glendale Arena located at 9400 W. Maryland Avenue. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. The Planning Department, Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. No protests were filed during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 13. LIQUOR LICENSE NO. 3-897 CRAIGER'S RESTAURANT & LOUNGE This is a request by Craig Kimmell for the City Council to approve a person transfer of a series 6 (on- & off-sale retail, all liquor) license for Craiger's Restaurant & Lounge located at 5400 N. 59th Avenue. The previous owner operated this business as Top Rack and held a series 6 license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses & 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. The Planning Department, Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. No protests were filed during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. CONSENT RESOLUTIONS 16. INTERGOVERNMENTAL AGREEMENT FOR THE LOOP 101/MARYLAND AVENUE BRIDGE DESIGN CONCEPT AND ENVIRONMENTAL STUDIES This is a request for the City Council to approve an Intergovernmental Agreement with the Arizona Department of Transportation (ADOT) for the development 11 of the design concept report and environmental assessment of the Maryland Avenue Bridge over Loop 101. This request supports the Council strategic priority to create transportation options. The Maryland Avenue Bridge over Loop 101 will serve as the primary access to the planned park and ride lot on Maryland near Loop 101. The bridge will provide additional access to the Glendale sports facilities and the surrounding area, thereby relieving traffic congestion on Glendale Avenue and 91st Avenue. The bridge will also provide an alternate bicycle route across Loop 101. The current bicycle route is on Glendale Avenue. In November 2001 , Glendale voters approved pedestrian, bicycle, and park and ride improvements as part of the city's transportation election. The Regional Public Transportation Authority (RPTA) and ADOT have programmed money for the construction of a park and ride lot and connecting roadways in the vicinity of Loop 101/Glendale Avenue. In August 2002, the City of Glendale entered into agreements with the State Tourism and Sports Authority (TSA) and the National Football League Arizona Cardinals to locate a multi-purpose facility near Loop 101 and Maryland Avenue. The facility will serve as the home of the Arizona Cardinals and the Fiesta Bowl beginning with the 2006 football season. The city, RPTA, TSA, and Arizona Cardinals have studied various alternatives for the location of the park and ride lot, access to the lot, and access to the sports facilities. The Maryland Avenue Bridge over Loop 101 is an important component for providing access to these facilities. Following the November 2001 transportation election, Council directed staff to begin implementation of the overall transportation plan. Staff has worked with the RPTA, TSA, and Cardinals representatives on the location, design concepts, and access for the park and ride lot. In addition to creating transportation alternatives, this project will help support a number of additional Council strategic priorities. Moving bicycle traffic from Glendale Avenue to Maryland Avenue will enhance public safety. The improved access in this area will help support economic development at Westgate and the surrounding area. Moving event traffic west directly to 99th Avenue will lessen the impact the arena and stadium will have on the existing neighborhood east of 91St Avenue. The Maryland Avenue Bridge is an important component of the transportation system in this part of Glendale. The success of development in this area will enhance the overall quality of life for Glendale residents. The Citizens' Transportation Oversight Commission has recommended the Maryland and Loop 101 park and ride as part of the Glendale Onboard (GO) Transportation Program. Staff and Arizona Cardinals representatives met with representatives of the neighborhood east of the sports facilities to discuss traffic impacts and proposed roadway improvements. 12 City of Glendale funds for the proposed Loop 101 and Maryland Avenue park and ride are programmed as part of the GO Transportation Program at an estimated cost of $950,000. The design concept and environmental studies covered under this Intergovernmental Agreement will require $200,000 of these funds. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost $200,000 X $200,000 Account Name, Fund, Account and Line Item Number: Park-and-Ride Lot - L101/Glen. Account No. 25-9455-8330 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign an Intergovernmental Agreement with the Arizona Department of Transportation for the development of the design concept report and environmental assessment of the Maryland Avenue Bridge over Loop 101. Resolution No. 3708 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE LOOP 101/MARYLAND AVENUE BRIDGE DESIGN CONCEPT AND ENVIRONMENTAL STUDIES 17. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR REGIONAL DISPATCH SERVICES This is a request for City Council to renew an agreement with the City of Phoenix to provide computer aided dispatching (CAD) to the Glendale Fire Department for FY 2003-04. Through this contract Glendale is assessed for dispatch services at a rate of $8.75 per call, based on the previous calendar year's call volume. In 2002, the Glendale Fire Department was dispatched to 19,913 emergencies, compared to 19,489 in 2001 . The technical service and maintenance fees are based on the number of pieces of dispatch equipment deployed in Glendale's fire vehicles. The 56-piece inventory of equipment included in this agreement is itemized on Exhibit A of the attached contract. The entire community benefits by Glendale's continued participation in Phoenix's valley-wide dispatch system. The city receives state-of-the-art technology and dispatch services without bearing the cost of maintaining and staffing a separate dispatch facility. 13 The budget for dispatch services in FY 2003-04 is $289,886.75, an increase of $64,978.45 over FY 2002-03. The increase represents $3,710 for dispatching, $5,268.45 in technical service fees, and the addition of an equipment maintenance fee of $1,000 each on 56 pieces of equipment. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost $289,886.7 $289,886.7 5 5 Account Name, Fund, Account and Line Item Number: CAD Contract Account No: 01-3330-7330 The recommendation was to waive reading beyond the title and adopt the resolution authorizing the City Manager to enter into an intergovernmental agreement with the City of Phoenix for regional dispatch services in the amount of $289,886.75 for FY 2003-04. Resolution No. 3709 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX PERTAINING TO THE PARTICIPATION IN THE PHOENIX FIRE DEPARTMENT REGIONAL DISPATCH SYSTEM IN ORDER TO MORE EFFECTIVELY PROVIDE EMERGENCY FIRE, MEDICAL AND OTHER SERVICES 18. INTERGOVERNMENTAL AGREEMENT FOR WESTERN MARICOPA ENTERPRISE ZONE This is a request for the City Council to authorize the formation of an enterprise zone, designate the boundaries of the enterprise zone, and to authorize the city to enter into an intergovernmental agreement (IGA) with Maricopa County and other municipalities to establish the enterprise zone commission. The Western Maricopa Enterprise Zone designation will assist with the City Council's goal of job creation by enhancing opportunities for private investment within the designated zone. The primary goal of the Arizona enterprise zone program is to improve the economies of distressed areas in the state. The program does this by enhancing opportunities for private investment in certain areas that are called enterprise zones. The state and local communities provide incentives to foster investment in these areas, 14 and to reduce or remove unnecessary governmental regulatory barriers to economic development. In 1989, the Arizona House and Senate adopted legislation to set up an enterprise zone program for the State of Arizona. Over the years, the program has been extended three times and modified repeatedly. In 2001, state legislation was passed that specified procedures to be followed for the designation of zones when the 2000 census data became available. The Western Maricopa Enterprise Zone was established by state legislation on January 1, 1994 for a period of five years. In 1999, a new zone was established with new boundaries. The existing zone expires in January 2004. The application for the new Western Maricopa Enterprise Zone is due on October 31, 2003. The boundary for the new zone includes the cities and towns of Avondale, Buckeye, El Mirage, Glendale, Goodyear, Guadalupe, Peoria, Phoenix, Surprise, Tolleson, Youngtown, and the Gila River Indian Community and the County of Maricopa. Following is the schedule for action by each of the governmental entities: City of Avondale - October 6 Town of Guadalupe - September 25 Town of Buckeye - October 7 City of Peoria - October 7 City of Phoenix - October 22 City of Surprise - October 9 City of El Mirage - September 25 City of Tolleson - September 23 Gila River Indian Community - October 15 Town of Youngtown - September 18 City of Glendale - October 14 Maricopa County - October 22 City of Goodyear - October 14 March 11, 2003: Resolution No. 3647 approved support of the continuation of the Arizona Enterprise Zone Program. October 27, 1998: Resolution No. 3245 approved re-authorization and new intergovernmental agreement (IGA) for the Western Maricopa Enterprise Zone. January 9, 1996: Resolution No. 3020 amended IGA for the Western Maricopa Enterprise Zone Program. September 14, 1993: Resolution No. 2837 amended the West Maricopa Enterprise Zone Boundary. July 27, 1993: resolution No. 2833 approved the West Side Enterprise Zone. Increased investments in enterprise zones tend to strengthen property values (or keep property values from falling), and encourage job creation to promote the vitality of the local economies. There is a direct benefit to businesses within the zone, but also there is a requirement that a percentage of employees must live within the zone, so it also benefits citizens with opportunities for employment. 15 The Western Maricopa Enterprise Zone commission has contracted with WESTMARC to be the zone administrators. The cost of that annual contract is divided evenly between all the communities participating in the zone. This year there is a one- time cost to be shared by participating communities for consultant services for research and mapping necessary for the new application. Budget Impacts & Costs: Grants Capital One-Time Budgete Unbudgete Total Expense Cost d d $1,700 $1 ,700 Account Name, Fund, Account and Line Item Number: Economic Development Account No. 01-5409-7330 Waive reading beyond the title and adopt a resolution authorizing the application for creation of an Enterprise Zone; establishing the boundaries of the Enterprise Zone; and authorizing the entering into of an intergovernmental agreement with Maricopa County and other municipalities to establish the Enterprise Zone commission. Resolution No. 3710 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 APPLICATION FOR CREATION OF AN ENTERPRISE ZONE; ESTABLISHING THE BOUNDARIES OF THE ENTERPRISE ZONE; AND AUTHORIZING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY AND OTHER MUNICIPALITIES TO ESTABLISH THE ENTERPRISE ZONE COMMISSION 19. GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT AGREEMENT This is a request for the City Council to approve execution of the Gila River Indian Community (GRIC) water rights settlement agreement. The GRIC water rights settlement agreement documents the city's water rights in the Gila and Salt Rivers. The Gila River Indian Community reservation was established by an act of Congress in 1859, and was subsequently expanded in size several times. The reservation now comprises 372,000 acres. However, the federal government never quantified the amount of water to which the Gila River Indian Community (Community) was entitled, and the Community began legal battles as to its water rights in 1924. The exact quantity and nature of the Community's water rights have been litigated in the Gila River General Stream Adjudication for the last several years, but no final ruling has been made. The Community is also involved in enforcement actions in U.S. District 16 Court, regarding the Globe Equity Decree, which determined certain rights to water from the Gila River. The Community water rights claims potentially threaten the use of surface water and groundwater by many other water rights claimants and groundwater uses within Arizona, including the City of Glendale. Final resolution of the Community's water rights will avoid years of prolonged uncertainty concerning the availability of water supplies, and the related expense of litigation. City Council has received numerous updates regarding the progress of the settlement over the years. After many years of negotiation, several entities have developed a settlement agreement with the Gila River Indian Community. The parties include the United States of America; the State of Arizona; the Salt River Project; the Roosevelt Irrigation District; the Arizona Water Company; the Arizona cities of Casa Grande, Chandler, Coolidge, Glendale, Goodyear, Mesa, Peoria, Phoenix, Safford, Scottsdale, and Tempe; the Arizona towns of Florence, Mammoth, Kearney, Duncan and Gilbert; the Maricopa- Stanfield Irrigation & Drainage District; the Central Arizona Irrigation and Drainage District; Franklin Irrigation District; the Gila Valley Irrigation District; the San Carlos Irrigation and Drainage District; the Hohokam Irrigation and Drainage District; the Arlington Canal Company; the Buckeye Irrigation Company; the Buckeye Water Conservation and Drainage District; the Central Arizona Water Conservation District; the Phelps Dodge Corporation and the Arizona Game and Fish Commission. The parties have agreed to provide certain water resources and other resources to the Community, and not to contest the Community's use of other water resources. In exchange, the Community, and the United States as trustee for the Community, agree to waive claims that could potentially diminish the other parties' (non-Indian parties) own use of water. The Settlement Agreement, which is considered permanent, will become enforceable upon the occurrence of several events which are specified in the authorizing Arizona Water Settlement Act (Act). The Act which was introduced in Congress on February 23, 2003, provides for adjustments to the Central Arizona Project (CAP), as well as authorizing the Gila River Indian Community water rights settlement. Of particular interest to the City of Glendale are the provisions of the Act relating to the cities' receipt and use of CAP water. Pursuant to the Act, Glendale will receive 3,053 acre feet of reallocated municipal and industrial (M&I) priority CAP water. Glendale's water delivery subcontracts will be extended for 100 years and such contracts will be recognized as "permanent service" subcontracts. The annual capital repayment charge for M&I water also is now in the process of being substantially reduced based upon this settlement. The city also has the potential opportunity to lease Gila River Indian Community CAP water in the future. The settlement agreement and the Act also provide clarity regarding how shortages are shared among CAP users thereby potentially avoiding protracted future litigation. 17 The settlement process also has resulted in the Arizona Department of Water Resources adopting a rule that allows cities to include Indian lease water as part of their assured water supply calculations. Because of the size of the agreement and related documents, it is not attached to this communication. It is available for inspection in the City Clerk's Office. The City Council has periodically received updates over the years regarding the progress of the adjudication and settlement. The settlement protects Glendale's substantial Salt River Project surface water rights from the substantial claims of the Gila River Indian Community. A negotiated settlement of the Gila River Indian Community's water rights claims also avoids future litigation costs. This cost savings can't be estimated, but we anticipate that, without a settlement, litigation costs would be substantial. The Superior Court Special Master has held numerous hearings throughout the Salt and Gila River watersheds over the past 10 years. Entering into this GRIC water rights settlement agreement has the potential opportunity to lease 3,053 acre feet of Gila River Indian Community CAP water in the future and reduce the current adjudication legal fees and costs. The budgeted adjudication legal fees will cover any costs associated with the proposed settlement. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost $32,500 $32,500 Account Name, Fund, Account and Line Item Number: Professional & Contractual Account No. 01-1510-7330 Waive reading beyond the title and adopt a resolution authorizing the entering into of the Gila River Indian Community Water Rights Settlement Agreement. Resolution No. 3711 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 GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT AGREEMENT RELATING TO THE WATER RIGHTS IN THE SALT AND GILA RIVERS Mayor Scruggs opened the public hearing on the Consent Agenda and Consent Resolution Items nos. 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 16 through 19. 18 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Mayor and Council for the Orchard Glen Neighborhood Grant Project. He said infill projects help save desert lands on the outskirts of the city. He voiced his support of the Intergovernmental Agreement for the Loop 101/Maryland Avenue Bridge Design Concept. He said the Western Maricopa Enterprise Zone Intergovernmental Agreement and the Gila River Indian Community water rights settlement agreement will be good for the city. Mayor Scruggs closed the public hearing. It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, and 16 through 19, including the approval and adoption of Resolution No. 3708 New Series, Resolution No. 3709 New Series, Resolution No. 3710 New Series, and Resolution No. 3711 New Series, and to forward Liquor License Applications No. 3-892 for Sal's Pizza & Pasta, No. 3-893 for Parkside Eatery, No. 3-896 for Glendale Arena, and No. 3-897 for Craiger's Restaurant & Lounge to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs pointed out Vice Mayor Eggleston would not be allowed to vote on any of the items unless Item 11, for which Vice Mayor Eggleston declared a conflict of interest, was removed from the motion. An Amended Motion was made by Lieberman and seconded by Clark to approve the recommended actions on Consent Agenda Item Nos. 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, and 16 through 19, including the approval and adoption of Resolution No. 3708 New Series, Resolution No. 3709 New Series, Resolution No. 3710 New Series, and Resolution No. 3711 New Series, and to forward Liquor License Applications No. 3-892 for Sal's Pizza & Pasta, No. 3-893 for Parkside Eatery, No. 3-896 for Glendale Arena, and No. 3-897 for Craiger's Restaurant & Lounge to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. It was moved by Lieberman and seconded by Clark to approve the recommended actions on Item No. 11. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Martinez, Frate, and Scruggs. Councilmember Eggleston abstained from voting. 1. AWARD OF PROPOSAL 03-22, SOLID WASTE CONSULTING SERVICES Mr. Stuart Kent, Field Operations Deputy Director, presented this item. This is a request for the City Council to approve the award of proposal for solid waste consulting services. 19 Consistent with the Council goals of providing financial stability and coordinating exceptional service delivery, the contractor will assess both the financial and operational efficiency of the landfill, recycling, and refuse collection operations. Solicitations were requested from 40 vendors to provide the city with professional solid waste consulting services, and 10 vendors came to the pre-proposal conference. Two proposals were received. An evaluation committee consisting of staff from field operations, finance, budget and engineering reviewed the offers received. Specific evaluation factors included project approach, operational and financial competency, documentation preparation, meetings and presentations, references and cost. The offer scored highest by the committee was submitted by R.W. Beck Incorporated. R.W. Beck Incorporated will focus their efforts on identifying opportunities and consequences regarding four key issues: Should the city continue to provide commercial sanitation services, should the city consider contracting out the operation of the landfill, should the city contract out the operation of the materials recovery facility, and should the city consider contracting out the collection of loose trash. The consultant will also complete a solid waste rate analysis projection for the next five years. Staff presented a solid waste assessment to the City Council on May 6, 2003. During this meeting the key issues for further study were identified. Professional and independent assessments of any operation are an excellent way to review current operating procedures, identify financial opportunities or constraints, and determine if changes in a program or service are warranted. Staff will work closely with R.W. Beck to ensure data collected is accurate and interpreted correctly. It is estimated that the consultant will spend 950 hours gathering and analyzing data and preparing the final report. Budget Impacts & Costs: Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost X $123,900 $123,900 Account Name, Fund, Account and Line Item Number: Solid Waste Administration, Account No. 55-6281-7330 The recommendation was to award the proposal 03-22 for solid waste consulting services to R.W. Beck Incorporated in an amount not to exceed $123,900, taxes included. 20 In response to Councilmember Martinez's question, Mr. Kent explained, while URS's bid was approximately $14,000 lower, cost is only one component of the evaluation and R.W. Beck was found to be the most responsive bidder across all of the criteria. It was moved by Martinez and seconded by Frate, to approve the recommended actions on Consent Agenda Item No. 1. The motion carried unanimously. 6. PROFESSIONAL SERVICES AGREEMENT — ZONE 4 WATER TREATMENT PLANT Mr. Craig Johnson, Assistant City Engineer, presented this item. This is a request for the City Council to approve a professional services agreement with the firm of Black & Veatch for performance of the engineering services needed to complete the site selection and design of the Zone 4 Water Treatment Plant. This project was recommended in the City of Glendale Water Treatment System Needs Study and will support future development in the primary service area west of 75th Avenue and south of Northern Avenue. The Zone 4 Water Treatment Plant will provide a new source of drinking water with state-of-the-art technology, enhance the quality of life for Glendale residents, help ensure public health and promote economic development. In May 2001, Black & Veatch completed the City of Glendale Water Treatment System Needs Study. The study recommended that a new western Glendale water treatment plant be constructed by 2005. The water system needs were further defined and refined in the Comprehensive Water Facilities Planning and Design Project — Phase I completed in September 2003. The results of this project recommend that the proposed Zone 4 Water Treatment Plant be constructed with an initial capacity of 10 million gallons per day (expandable to 20 million gallons per day) and that it be built in the vicinity of 71st and Northern avenues. The proposed Zone 4 Water Treatment Plant is to be in service by the end of 2006. On May 14, 2002, City Council approved a professional services agreement with Black & Veatch for completion of the Comprehensive Water Facilities Planning and Design Project— Phase I. The proposed Zone 4 Water Treatment Plant will provide a new state-of-the-art drinking water source for western Glendale and the City Center Master Plan area. Currently, the Cholla Water Treatment Plant provides the majority of the drinking water served in these areas. 21 As part of the Phase I work, a list of potential sites for the Zone 4 Water Treatment Plant was developed. This list was narrowed down to two sites that were found to have the best overall potential for the plant. On September 15, 2003, a public open house was held to allow property owners and residents in the vicinity of these two sites the opportunity to get information about the site selection process, the proposed water treatment plant and any other issues of concern. The Engineering Department staff negotiated a scope of work and fee for the services to be performed under this agreement, which include site acquisition assistance, as well as preliminary and final design services for the facilities listed above in the amount of $4,236,440. Funds for these services are available in Utilities Department Additional Water Storage, Account No. 83-8056-8300. Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost _ X $4,236,440 $4,236,440 Account Name, Fund, Account and Line Item Number: Utilities Department Additional Water Capacity Account No. 83-8056-8300 The recommendation was to approve the professional services agreement with Black & Veatch in the amount of $4,236,440. Councilmember Clark asked how will the plant be financed and if Council will further discuss the issue when it considers water rates and needs at its November workshop. Mr. Johnson explained the plant was approved as part of last year's Capital Improvement Program, therefore, it does not need to be tied to Council's discussion at the November workshop. Mr. Johnson clarified for Vice Mayor Eggleston that the $4.2 million for Design Work includes selection of the site, however, acquisition of the property will be subject to a separate Council action. He explained the plant will be primarily used for SRP surface water to be delivered to the western area, however, groundwater treatment capabilities will be added in the future. Vice Mayor Eggleston asked if the second phase will increase capacity from the 10 million gallons per day expected in the first phase to 20 million gallons per day. Mr. Johnson responded yes. He assured the Council that plans for future expansion will be taken into consideration during the design stage. Vice Mayor Eggleston asked if the additional capacity is necessary to allow the city to expand to 115th Avenue. Mr. Johnson answered yes. Councilmember Lieberman asked if a decision has been made with regard to the final site. Mr. Johnson said a final decision will be made once the appraisals have been completed. 22 Councilmember Clark asked if the proposed plant was part of the first study conducted by Black & Veatch wherein sewer rates were increased four percent for three consecutive years. With regard to Vice Mayor Eggleston's question concerning expansion to 115th Avenue, Mr. Ken Reedy explained the needs assessment indicates additional capacity will be needed. He said the proposed project will provide the necessary capacity to fulfill the city's immediate need and allow it to grow. Mr. Meyer of Black and Veatch, responded the first study included the design and construction costs of this plant. Mayor Scruggs asked if the 2001 study took the city's new General Plan into consideration. Mr. Meyer explained the 2001 study looked only at the western part of the city, whereas the 2003 study was a comprehensive look at the entire city. Mayor Scruggs pointed out the changes to the General Plan occurred in the western area. Mr. Meyers explained that, while the General Plan was being updated when they conducted the 2001 study, they did take some of the changes and population projections from the new General Plan into consideration towards the end of the study. He reiterated, however, that the 2001 study did not look at the city as a whole and how the water treatment plants and wells interact with each other. Mayor Scruggs asked if Council's approval of the proposed plant would also approve at least one of the groundwater treatment plants discussed during the Council's last workshop. Mr. Meyer explained approval would be strictly for the 10 million gallon surface water treatment plant. In response to Councilmember Clark's question, Mr. Meyer explained the expansion to 20 million gallons per day also relates solely to surface water. He clarified future capacity was not part of the original design, however, provisions will be onsite to allow for future expansion. Mayor Scruggs asked for clarification as to whether the site will be designed for the future addition of groundwater treatment. Mr. Meyer said the future addition relates to surface water, however, the site is overall master planned to accommodate a 10mgd groundwater treatment facility in the future. Mayor Scruggs asked if the money for land acquisition and construction is in the current funded CIP and if those costs were part of the 2001 Black & Veatch study. Mr. Johnson explained the CIP has funding appropriated in this year for Black & Veatch's service, as well as the purchase of the property. He stated funds for construction have been appropriated in the 2004, 2005 and 2006 CIP. Mr. Reedy noted staff will discuss the needs assessment and proposed rate increases at Council's November 4 workshop. Mayor Scruggs expressed concern about approving a plant that is dependent upon rate increases the Council has not yet accepted. Mr. Reedy explained funding for the proposed project is available and part of the previously approved list of CIP projects. He confirmed for Mayor Scruggs that the project will not contribute to future rate increases. 23 Councilmember Clark asked if construction of the plant is in any way dependent upon the suggested rate increases proposed by Black & Veatch in its May 2003 letter. Mr. Reedy answered no. It was moved by Clark and seconded by Lieberman, to approve the recommended actions on Consent Agenda Item No. 6. The motion carried unanimously. 14. LIQUOR LICENSE NO. 3-898 SUPER CARNICERIA SAN MARTIN Mr. Michael Bailey, Regulatory and Communications Manager, presented this item. This is a request by Jaime Ramos for the City Council to approve a new series 10 (off-sale retail, beer & wine) license for Super Carniceria San Martin located at 6114 N. 59th Avenue. There have been no prior liquor licenses at this location. The approval of this license will increase the total number of liquor licenses in this area by one. The establishment is over 300 feet from any school or church. The Planning Department, Police Department, and the Maricopa County Health Department have reviewed the application and have determined that it meets all technical requirements. One protest was received during the 20-day posting period. The basis for the protest is concern that adding another liquor license to a neighborhood that already has existing problems with drugs, crime, and homeless people will further increase problems. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. Councilmember Goulet asked if the number of existing licenses in a given area is disclosed to applicants requesting a license. Mr. Bailey responded yes. He stated the applicant in this case was informed that 40 licenses, including 12 Series 10 licenses, already exist in the surrounding one mile radius. Councilmember Goulet asked if staff discusses with the applicant the number of calls for service and alarm activations recorded for a particular location when an application is submitted. Mr. Bailey said it generally depends on the reasons behind the calls for service. Councilmember Goulet asked if staff felt compelled to discuss the 36 non-criminal activities and 69 alarm activations recorded with the applicant in this case. Mr. Bailey said, since the calls were based primarily on non-criminal and alarm activities, they were not concerned. Mr. Jaime Ramos, through Mr. Martin Vasquez, Management Intern, interpreting, offered to answer questions. 24 Councilmember Goulet asked what need exists that justifies the addition of another Series 10 license to this area. Mr. Ramos's, through his interpreter, explained the public has requested that he obtain a liquor license for his store. Councilmember Goulet asked how long has the applicant owned the store. Mr. Ramos indicated three months. Councilmember Goulet asked if he is familiar with any of the calls for service recorded for that location. Mr. Ramos' responded yes. Councilmember Clark noted the previous owner was denied a similar request four years ago because there was no need for another Series 10 license. She asked if Mr. Ramos was informed by the seller of their previous attempt to obtain a license when he purchased the store. Mr. Ramos' interpreter explained the previous owner did not follow through on the license application. Councilmember Clark asked if the need has only been identified in the past three months. Mr. Ramos' interpreter clarified this is the first application filed within the past four years. Councilmember Lieberman asked if another Series 10 license is located within the same shopping center. Mr. Ramos' interpreter stated Food City has a license, however, it is further than 150 feet from the store. Councilmember Martinez asked if Mr. Ramos owns other Carnicerias. Mr. Ramos' interpreter responded no. Councilmember Martinez asked if other Carnicerias locations have licenses. Mr. Ramos' interpreter said he believe so. Mr. Bailey clarified three other Series 10 licenses exist within 500 to 600 feet of the applicant's store. He explained the subject location was previously a market, however, it did not have a liquor license. Mayor Scruggs asked if Mr. Ramos was aware that the market did not have a liquor license at the time he purchased the store. Mr. Ramos responded yes. It was moved by Goulet and seconded by Clark, to forward Liquor License Applications No. 3-898 for Super Carniceria San Martin to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for denial. Councilmember Clark stated granting of the license would meet no compelling need for that area of the city. Councilmember Goulet agreed, explaining the neighborhood has made significant efforts to improve the area. He noted two registered neighborhoods west and north of the subject site are opposed to additional liquor licenses because of the significantly negative impact they would have on the area. Councilmember Lieberman pointed out seven Series 6 licenses also exist in the area. He expressed his opinion the neighborhood already has more than enough establishments that sell liquor. 25 Mayor Scruggs reiterated there are three other Series 10 liquor licenses within 500 to 600 feet of the establishment. The motion carried unanimously. 15. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A MULTI-USE PATHWAY Ms. Debbie Burdett, Associate Traffic Engineer, presented this item. This is a request for the City Council to approve an Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) for construction of a multi-use pathway through the Thunderbird Paseo. The new path will connect the existing Marshall Ranch pathway to the Sweetwater Avenue bicycle route using a federally funded grant. This project will help the city in meeting the Council strategic priorities of ensuring public safety and awareness, creating transportation options, and enhancing quality of life. Installing a hardscape surface to cross the Thunderbird Paseo near Marshall Ranch Elementary School will ensure public safety and awareness. In addition, completing this gap in the 55th Avenue bicycle route will encourage bicycling and walking as viable transportation options. Creating transportation options and increasing the comfort of users through shaded rest areas and drinking fountains will also enhance the quality of life for Glendale residents and visitors. The project includes construction of an Americans with Disabilities Act (ADA) approved pathway across the Arizona Canal Diversion Channel (ACDC) and Salt River Project (SRP) Arizona Canal property. Enhancements to the Thunderbird Paseo Park area will be accomplished through the addition of park benches, a drinking fountain, and landscaping along the pathway. The pathway will include a box culvert crossing of the low flow channel. Currently, the ACDC and low flow channel are barriers for pedestrians and bicyclists. Having a path linking the north and south legs of the 55th Avenue bicycle system at the Marshall Ranch/Sweetwater Avenue location has been a top priority of the Glendale Bicycle Advisory Committee and is key to providing a safe and convenient connection to homes, schools, and businesses in the area. In June 2000, Council approved funds for a design contract with INCA Engineers, Inc. to complete preliminary and final design. By providing a connection to the existing Marshall Ranch Bridge over the Arizona Canal, this new pathway will introduce a convenient means of crossing the Thunderbird Paseo, resulting in shorter commute times for 55th Avenue bikeway corridor users. Rest areas on each end of the pathway will give users a shaded place to rest and relax. This project was originally developed at the request of the Glendale Bicycle Advisory Committee. The design concept report and project plans have been reviewed 26 and presented at regularly scheduled committee meetings. Also, a public meeting was held in November 2001 to discuss the project with area residents. Meeting notices were distributed via flyer to Bicycle Advisory Committee members as well as parents of children who attend Marshall Ranch Elementary School. In addition, a notice was printed in the Glendale Star in October 2001. Those in attendance were in support of the project and the selected pathway alignment. The fee for construction of the project is $603,976. Funds in the amount of $282,400 for construction are available through a Federal Congestion Mitigation and Air Quality (CMAQ) grant, while an additional $272,107 in Transportation Enhancement grant funds are also available. The city's required contribution for matching funds is $49,469. Grants Capital One-Time Budgeted Unbudgeted Total Expense Cost $554,507 $49,469 X $603,976 Account Name, Fund, Account and Line Item Number: Street Construction Account No. 31-9431-8300 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to sign any and all documentation relating to this Intergovernmental Agreement. Resolution No. 3707 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A MULTI-USE PATH ACROSS THUNDERBIRD PASEO PARK AT 55TH AVENUE AND MARSHALL ELEMENTARY SCHOOL AT THE ARIZONA CANAL DIVERSION CHANNEL IN THE CITY OF GLENDALE Ms. Burdett confirmed for Councilmember Frate that the city accepted the same grant four years ago for the bridge over the low-flow channel. Councilmember Frate asked when will the bridge actually be built. Ms. Burdett explained the project is awaiting federal approval of the design, stating, however, they expect ADOT to award the contract and begin construction in the Spring of 2004. She said they have not yet determined how long it will take to construct. Mayor Scruggs explained the city is using CMAQ funds and Transportation Enhancement Funds. She asked if the city had to compete with other cities to obtain the funds. Ms. Burdett responded yes. Mayor Scruggs asked staff to prepare a chronology of how the project slipped off schedule. 27 Councilmember Lieberman noted Glendale is only bearing 8.5 percent of the cost of the project. Councilmember Frate pointed out the bridge will now meet ADA requirements as an approved trail. It was moved by Frate, and seconded by Clark, to pass, adopt and approve Resolution No. 3707 New Series. The motion carried unanimously. ORDINANCES 20. AIRPORT LAND LEASES FOR HANGAR DEVELOPMENT Mr. Mark Ripley, Airport Manager, presented this item. This is a request for the City Council to approve three land lease agreements for the three remaining parcels in the north hangar complex at the Glendale Airport to Mike Ruiz dba Advanced Real Estate Resources, Inc. and Glendale Airpark Hangars, LLC. One of Council's strategic priorities is to promote economic development. This hangar development is being marketed to corporate executives and professionals whose relocation to Glendale will enhance a growing business sector. The city issued a request for proposal for the three remaining parcels of land in the north hangar complex to complete the development. The city received two proposals on parcel 1 and three proposals on parcels 4 and 7. A review panel individually scored the proposals and Mr. Ruiz's proposals scored the highest on all three parcels. Mr. Ruiz proposes building large executive hangars on the two largest parcels, minimum of seven hangars on the next to largest parcel and a minimum of eight hangars on the largest parcel and a combination hangar/office, minimum of one, on the smaller parcel. The lease term for all three parcels is 20 years with two 10-year options. The leases incorporate an initial construction period that is active until the date a certificate of occupancy is issued on the first hangar, at that time the 20-year term will take effect. The initial annual lease rate for parcel 1 is $1,447.50, with an increase to $2,895.00 on the date a certificate of occupancy is issued for the hangar/office. The initial annual lease rate for parcel 4 is $2,742.00, with an increase to $5,484.00 on the date a certificate of occupancy is issued on the first hangar. The initial annual lease rate for parcel 7 is $3,568.00, with an increase to $7,136.00 on the date a certificate of occupancy is issued on the first hangar. 28 There will be a Consumer Price Index adjustment at the end of each year during the full term of these leases. The Council approved similar agreements in January 1996, March 1998 and January, April and June of 1999. Adequate aircraft storage facilities is important in meeting the needs of executives and professionals relocating to Glendale. As the city works at attracting new business to the western part of the city, the airport becomes a very valuable marketing tool. Having an airport near a commercial development makes it far more attractive to companies that want to locate retail, satellite offices or corporate headquarters. The Aviation Advisory Commission reviewed Mr. Ruiz's proposals and voted unanimously on January 22, 2003, to recommend to Council approval of the lease agreements. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the leasing of land at the Glendale Municipal Airport to Advanced Real Estate Resources, Inc. and Glendale Airpark Hangars, LLC. Ordinance No. 2343 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY MANAGER AND CITY CLERK TO EXECUTE THREE LAND LEASE AGREEMENTS FOR HANGAR DEVELOPMENT AT THE GLENDALE MUNICIPAL AIRPORT Councilmember Goulet asked when will the leases start. Mr. Ripley explained the lease agreements range from one year to 18 months. Mayor Scruggs opened the public hearing on Item 20. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, commended the Council for its vision, expressing his opinion the airport's ability to cater to a larger corporate clientele will encourage growth in Glendale. He urged the city to ensure the highest security measures are employed. Mayor Scruggs closed the public hearing. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2343 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. 21 . SALT RIVER PROJECT IRRIGATION EASEMENT, SOUTHWEST CORNER OF 918' AND MARYLAND AVENUES 29 Ms. Kathie Sholly, Property Manager, presented this item. This is a request for City Council to grant an irrigation easement in favor of Salt River Project (SRP) for relocation of their facilities to accommodate the construction of Maryland Avenue for the arena development. The easement consists of approximately 1,269 square feet, and is located within the south half of Maryland Avenue, west of 91st Avenue. The City Council supports the development of the Coyotes Hockey Arena and the Cardinals Multi-use Stadium. Granting this easement accommodates construction of the infrastructure that supports development of these facilities. Granting the easement accommodates roadway design that improves traffic circulation in and around the development. As part of the ongoing development of the Coyotes and Cardinals complexes, SRP is relocating and undergrounding its irrigation facilities as needed to accommodate the development. As needs to relocate are identified, requests for easements for the new facilities are brought forward. Waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an irrigation easement in favor of Salt River Project. Ordinance No. 2344 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ORDINANCE NO. 2344 NEW SERIES. AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRRIGATION EASEMENT ON THE SOUTHWEST CORNER OF 91ST AND MARYLAND AVENUES IN 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. 2344 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. 22. CHANGE IN LOOSE TRASH SET-OUT SCHEDULE REMOVE FROM THE TABLE) It was moved by Lieberman and seconded by Clark to remove item No. 22 from the table. The motion carried unanimously. Mr. Stuart Kent, Field Operations Deputy Director, presented this item. 30 This is a request for the City Council to approve an ordinance amending the Glendale City Code related to the collection of loose trash. Adoption of this ordinance will reduce the number of days residents may place loose trash out for collection from seven days to two days. Because many residents use the service infrequently, staff is recommending that the change be initiated in January 2004, thereby making the effective date of the ordinance December 26, 2003. By reducing the number of days loose trash may be set-out for collection, visual blight will be reduced as will opportunities for scavenging and debris piles being set on fire. This will assist in projecting a positive image of the city and enhance the quality of life for Glendale residents. 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 is being defined as starting at 6:00 A.M. Saturday. The City Council concurred with this recommendation and staff was directed to make the necessary operational and ordinance changes. This item was tabled at the September 23, 2003 City Council meeting to the October 14, 2003 City Council meeting. The proposed change to the set-out schedule for loose trash was also discussed at the May 6, 2003 City Council workshop. The City Council is committed to improving the image of Glendale and to preserving neighborhoods. By reducing the number of days that loose trash can be set- out prior to collection, residents will notice less visual blight. This proposed change is also consistent with the recently adopted property maintenance codes. The proposed change was advertised in five different area newspapers, announced in the past two issues of the Glendale Connection, has been the subject of several newspaper articles, and has been included in several neighborhood newsletters. Additional announcements, advertising, and meetings with neighborhood associations are planned for the remainder of the calendar year. Remove from table, waive reading beyond title and adopt an ordinance changing the set-out time for the collection of loose trash. Ordinance No. 2345 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 18, ARTICLE III, SECTION 18-110 RELATING TO SET OUT TIMES FOR THE COLLECTION OF UNCONTAINED REFUSE; AND ESTABLISHING AN EFFECTIVE DATE 31 It was moved by Lieberman and seconded by Clark to remove Ordinance No. 2345, New Series from the table. The motion carried unanimously. Mayor Scruggs opened the public hearing on Item 21. Ms. Robin Berrvhill, a resident of the City of Glendale Ocotillo District, expressed her opinion the amendment is unfair, suggesting it be delayed for further study and until after the city's annual clean up to allow citizen's to comply with new property maintenance codes. She stated the restrictions should not apply to homes served by alleys as alleys are intended for storing trash. A written copy of her comments was submitted for the record. Mayor Scruggs closed the public hearing. It was moved by Goulet and seconded by Frate, to approve Ordinance No. 2345 New Series. Councilmember Clark asked that the motion be amended to adopt the ordinance modifying Section 18-110c to read "No resident shall place uncontained refuse out for collection earlier than Thursday of the week proceeding the scheduled pick up week. Councilmember Lieberman agreed. Goulet amended his original motion, modifying Section 18-110c of the Ordinance to read: "No resident shall place uncontained refuse out for collection earlier than Thursday of the week proceeding the scheduled pick up week. Councilmember Frate seconded the amended motion. Councilmember Goulet clarified alleys were designed as an access to property, not to store garbage. Councilmember Martinez asked about changes in the number of trips a household is allowed to make to the landfill. Mr. Kent stated staff is working on the proposed landfill changes and will bring them to the Council's next workshop. He explained the current ordinance allows residents to deposit one load of up to 2,000 lbs each month free of charge. He said any amount over 2,000 lbs is charged at a residential rate of $19.80/ton. He stated the proposed change would allow residents to deposit an unlimited number of loads, each weighing up to 2,000 lbs, free of charge. He explained the proposal is being brought forward for a number of reasons, but, primarily to eliminate the need to track the amount of trash deposited by each resident. Mayor Scruggs pointed out there have been a number of citizen complaints regarding current landfill procedures. Councilmember Clark said she received a number of calls from citizens, particularly senior citizens, who felt a loose trash pick-up allowing two days prior to the pick-up week would be a hardship. She stated she and staff originally explored the idea 32 of an exemption for senior and disabled citizens, however, they could not find a way to make that work. She said, consequently, Mr. Reedy suggested they decrease the number of days to four or five with the possibility of lowering it to two days in the future. Councilmember Martinez voiced his opposition to the amended motion, stating he has received calls from citizens and homeowners associations in support of the shortened timeframe. Councilmember Frate stated he received six calls from people who wanted the timeframe to remain seven days. He said registered neighborhood leaders in his district support the two day timeframe. He questioned what benefit a four day timeframe would have, suggesting it would only increase the workload for inspectors. Vice Mayor Eggleston asked if not allowing people to put refuse out prior to 6:00 a.m. on the Saturday before pickup will lighten the inspectors' workloads. Mr. Kent explained the city's inspectors do not work on weekends. He said, while they will work with whatever Council decides, staff continues to recommend moving to a two day timeframe, pointing out it works towards Council's goal of preserving neighborhoods. Councilmember Lieberman said he could support the amended motion. He asked how the city intends to inform residents of the change. Mayor Scruggs stated she empathizes with both the proponents and opponents of the change. She said, however, she supports the amended motion because it will provide citizens more flexibility. Councilmember Martinez noted receiving calls when Council was discussing the budget, suggesting the city eliminate or reduce the schedule of its loose trash pickup. He said the presence of loose trash is bad for neighborhoods and results in visual blight. He said, therefore, he will not support the amended motion. Upon a call for the question, the motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman and Scruggs. Members voting "nay": Eggleston, Martinez and Frate. 23. DEEDS AND EASEMENT ORDINANCE Ms. Kathie Sholly, Property Manager, 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 Article VII, Sec. 15 of the City Charter. One of the City Council strategic priorities is managing growth and preserving neighborhoods. The Deeds and Easement Ordinance conveys properties necessary to complete municipal objectives. 33 The Deeds and Easement Ordinance is compiled of recently conveyed properties. 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. It is to the advantage of the City of Glendale to dedicate the described properties for public use. Glendale citizens directly benefit from the city's ownership of properties utilized for public amenities. The recommendation was to waive reading beyond the title and adopt an ordinance dedicating certain real property for public use. Ordinance No. 2346 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 Councilmember Lieberman asked if a surveyor will survey each property individually. Ms. Sholly explained the property owner will be required to have a registered land surveyor or civil engineer survey the property to be dedicated. Vice Mayor Eggleston opened the public hearing on Item 23. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, asked if the city is tracking property taxes paid to the County Assessor. Vice Mayor Eggleston closed the public hearing. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2346 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, October 21, 2003, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. 34 CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, reported an increased police presence in his neighborhood. He urged the city to advocate for funding to address safety issues concerning police cruisers. He thanked the City Council for its support of veterans and their families. He suggested the city do more to assist families who have a parent serving overseas. He suggested the city offer its citizens health related programs, explaining such programs may help residents of the city obtain lower insurance rates. He stressed the important role churches have played in the city's history, expressing his opinion the city should do what it can to accommodate churches. Mr. Victor Villegas, through his interpreter, Brady Bratcher, explained he represents two dozen JD Steel workers who have been on strike for the past six months. He said he first came to Council when JD Steel was mistreating its workers while building the Coyotes Arena. He stated, thanks to the City Council, Perini Building Company ordered JD Steel to give its employees a work break. He stated JD Steel is now working on the Glendale Water Reclamation Plant expansion and their workers continue to suffer from poor working conditions, do not receive sick pay, are not able to obtain affordable health insurance and do not feel they can do their jobs safely. He said he and his fellow striking co-workers want to return to work with dignity and bring justice to those who continue to work for JD Steel. He stated they have spoken several times with Sundt Construction and Consolidated Rebar, but need the City Council's support and involvement in the situation. Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, stated he is appalled by the 59th Avenue and Grand Avenue project. He said the project does little for Glendale citizens and is hurting business in the downtown area. He referred to a handout provided by ADOT, stating the loss of 22 businesses and $4 million while the project is completed is a crime against the city. He spoke about the devastating impact the project is having on small family owned businesses. He expressed his opinion the fly-over and underpass options presented by ADOT are better and will cost $4 to $7 million less. Ms. Robin Berryhill, a resident of the City of Glendale Ocotillo District, recapped comments she made at the September 23, 2003 Council meeting concerning the Property Maintenance Codes. She continued, stating there are numerous legal issues, including Constitutional violations. She asked the city to amend the Property Maintenance Codes and made the following suggestions: 1) Add a timetable for major and minor repairs with a minimum of 90 days allowed to establish a plan for major repairs; 2) Establish a grievance process, separate from court, to resolve neighborhood issues; 3) Grandfather properties that are not hazardous or in immediate danger with a provision that the property be brought into compliance upon sale of the property; 4) Redefine the code enforcement process to be more user friendly; and 5) Make the identity of the person complaining a matter of public record. She said she hoped the city would contact her concerning her previous comments, however, to date, they have 35 not. Ms. Berryhill disagreed with Councilmember Goulet's comments concerning alleys being a means of access rather than for trash storage. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark thanked the Police and Fire Departments for the wonderful Fire Prevention Day Parade. She announced the third of her four district meetings is scheduled for 6:30 p.m. on Thursday at Discovery Elementary School. Councilmember Goulet encouraged everyone to turn out for Gang Night. Councilmember Lieberman encouraged residents to attend the Glendale Civic Pride Ambassadors' recruiting meeting at Manistee Ranch at 8:00 a.m. this Saturday. He commented that, on numerous occasions, he has stopped commercial trucks from dumping garbage on piles set out for loose trash pickup. Vice Mayor Eggleston announced the next Barrel District meeting will be at Desert Palm School on October 16. Councilmember Frate stated a Sahuaro District meeting will be held at Canyon Elementary School on October 22 at 7:00 p.m. He thanked everyone who attended the Granada Park dedication. He also thanked those involved in the coordinated effort on October 10th to catalog all street lights that are out or malfunctioning. He noted the city intends to have all of the lights repaired before Halloween. He urged residents to watch children around water. Councilmember Lieberman noted a Cactus District meeting will be held October 15 at Sine School. ADJOURNMENT There being no further business, the meeting was adjourned at 9:45 p.m. Pamela Hanna - City Clerk 36