Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/14/2004 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 14, 2004, 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; Craig Tindall, Acting Interim 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 nine resolutions and four 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. Mayor Scruggs introduced and welcomed Lauren Spiers, a senior at Mountain Ridge High School and Maria Hetchinova, Sarah Pixler, Rainey Rineky, Dan Wibbing, Kathy Middleton, David Cocarney, Emily Cooper, Stephanie Leahan, William Simpson and Preston Troy, seniors from Ironwood High School. She also introduced Ms. McKenna and her father Tom. APPROVAL OF THE MINUTES OF THE JULY 27, 2004 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the July 27, 2004 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 BOARDS AND COMMISSIONS This is a request for the City Council to approve the recommended appointments to the following commissions that have a vacancy or expired term and for the Mayor to administer the oath of office to those appointees in attendance. Planning Commission Beal, Rod Chair Appointment 09/14/2004 03/25/2005 Lund, Mickie Vice-Chair Appointment 09/14/2004 03/25/2005 1 The recommendation was to make appointments to the commissions and administer the oath of office. It was moved by Martinez, and seconded by Eggleston, to appoint the applicants listed above, for the terms listed above, to the Planning Commission. The motion carried unanimously. Mayor Scruggs issued the Oath of Office to Mr. Beal. Mr. Beal thanked the Mayor and Council for the opportunity to serve as Chairperson of the Planning Commission. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 12. Mr. Beasley requested that Item No. 10, Liquor License No. 3-953 Eckerd Drugs be removed from tonight's agenda Ms. Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 13 through 21 by number and title. Councilmember Lieberman requested Item Numbers 14 and 15 be heard separately. Council Martinez had questions on Item Number 21 and requested that it be heard separately. 1. SPECIAL EVENT LICENSE FOR ST. LOUIS THE KING CHURCH This is a request by Marc Riccitelli for the City Council to approve a request for a special event liquor license for St. Louis the King Church. The event is a fundraising event that will be located at St. Louis the King Church, 6277 N. 89th Drive. The event will be held from 6:00 p.m. to 11:00 p.m. on Friday, October 1, 2004, 11:00 a.m. to midnight on Saturday, October 2, 2004, and 11:00 a.m. to 11:00 p.m. on Sunday, October 3, 2004. If this license is approved, the total days expended by this applicant will be three of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 2 2. SPECIAL EVENT LICENSE FOR ST. HELEN'S CATHOLIC CHURCH This is a request by Eric Biallis for the City Council to approve a request for a special event liquor license for St. Helen's Catholic Church. The event is a community- building event that will be located at St. Helen's Catholic Church, 11815 N. 56th Drive. The event will be held from 6:00 p.m. to 11:00 p.m. on Saturday, October 2, 2004. If this license is approved, the total days expended by this applicant will be one of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 3. SPECIAL EVENT LICENSE FOR OUR LADY OF PERPETUAL HELP SCHOOL This is a request by Maureen DeGrose for the City Council to approve a request for a special event liquor license for Our Lady of Perpetual Help School. The event is a fundraiser that will be located at Our Lady of Perpetual Help School, 7521 N. 57th Avenue. The event will be held from 12:00 p.m. to 10:00 p.m. on Saturday, October 9, 2004 and 12:00 p.m. to 8:00 p.m. on Sunday, October 10, 2004. If this license is approved, the total days expended by this applicant will be two of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 4. SPECIAL EVENT LICENSE FOR ST. HELEN'S CATHOLIC CHURCH This is a request by Eric Biallis for the City Council to approve a request for a special event liquor license for St. Helen's Catholic Church. The event is a community- building event that will be located at St. Helen's Catholic Church, 11815 N. 56th Drive. The event will be held from 6:00 p.m. to 11:00 p.m. on Saturday, November 20, 2004. If this license is approved, the total days expended by this applicant will be two of the allowed 10 days this year. 3 Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 5. LIQUOR LICENSE NO. 3-945 MIXTECA MEXICAN FOOD This is a request by Basilios Tsakiris for the City Council to approve a new Series 12 (on-sale, restaurant) license for Mixteca Mexican Food located at 6731 W. Bell Road. The previous owner operated this business as Taco Cabana and held a Series 12 liquor license. 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 received during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 6. LIQUOR LICENSE NO. 3-949 ARIZONA PIZZA COMPANY This is a request by William Stevens for the City Council to approve a new Series 12 (restaurant, all liquor) license for the Arizona Pizza Company located at 8250 W. Union Hills Drive. There have been no prior businesses 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 received during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 7. LIQUOR LICENSE NO. 3-950 ANT HILL GRILL AND RESTAURANT 4 This is a request by Fay DeMarzio for the City Council to approve a new Series 12 (restaurant, all liquor) license for Ant Hill Grill and Restaurant located at 6522 N. 59th Avenue. The previous owner operated this business as Capricorn Restaurant and held a Series 12 liquor license. 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 received during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 8. LIQUOR LICENSE NO. 3-951 JAPANESE MARKET This is a request by Ken Hatakeyama for the City Council to approve a new Series 10 (off-sale, beer and wine) license for Japanese Market located at 6645 W. Bell Road. The previous owner operated this business as Japanese Village and did not hold a liquor license. 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 received during the 20-day posting period. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 9. LIQUOR LICENSE NO. 3-952 SPORTSMAN'S FINE WINES & SPIRITS This is a request by Michael Fine for the City Council to approve a new Series 6 (on and off-sale, all liquor) license for Sportsman's Fine Wines & Spirits located at 6685 W. Beardsley Road. There have been no prior businesses at this location. The approval of this license will increase the total number of liquor licenses in this area by one. 5 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 received 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. LIQUOR LICENSE NO. 3-953 ECKERD DRUGS — Not heard This is a request by Jason Morris for the City Council to approve a new Series 10 (off-sale, beer and wine) license for Eckerd Drugs located at 18591 North 59th Avenue. The previous owner operated this business as Eckerd Drugs and held a Series 10 liquor license. 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 received 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. GENERAL FUND CONTINGENCY APPROPRIATION AND FUNDING FOR EARLY HIRE OF NINE FIREFIGHTERS This is a request for the City Council to authorize a one-time transfer of$148,310 in Fiscal Year 2004-05 general fund contingency appropriation authority and funds to cover the early hiring of nine firefighters who will staff the new ladder company approved in the Fiscal Year 2004-05 budget. This unit will be deployed from the fire station located at 62nd Avenue and Union Hills, until the new station opens at 63rd Avenue and Bell Road. This item promotes the Council priorities of enhancing the quality of life in Glendale and ensuring public safety and awareness. Nine of the eighteen firefighters for the new ladder company, approved in Fiscal Year 2004-05, have been hired and will soon complete the training academy. The remaining nine firefighters were not expected to be hired until January 2005, when they were to begin their training at Phoenix's fire academy. Partial year credit offsets were placed in the Fire Department's budget to reflect the anticipated savings. Changes in 6 academy training slot availability require that these firefighters be hired sooner, in time for the September academy. The availability of a fully-staffed second ladder company in the community will provide more immediate coverage with the types of equipment a ladder unit carries to fire scenes and other emergency incidents. The cost to hire the remaining ladder truck firefighters early, is $148,310, which includes salaries and benefits of$141,560, and $6,750 for uniforms. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $148,310 Account Name, Fund, Account and Line Item Number: From General Fund Contingency 01-2450-7000 to Fire Emergency Services 01-3320- 6010 ($141,560) and 01-3320-6082 ($6,750). The recommendation was to authorize the transfer of a total of $148,310 in Fiscal Year 2004-05 general fund contingency appropriation authority and funds to be distributed as needed to cover the costs of the early hiring of nine firefighters. 12. GENERAL FUND CONTINGENCY APPROPRIATION AND FUNDING FOR STAFFING AND DEPLOYMENT OF ENGINE 159 This is a request for the City Council to authorize the transfer of $1,057,144 in Fiscal Year 2004-05 general fund contingency appropriation authority and funds. The purpose of this request is to hire and train 18 firefighters for Station 159, currently being constructed at 63r Avenue and Bell Road, and to begin paramedic training for six of the medics who will staff this unit. This item supports the Council priorities of enhancing the quality of life in Glendale and ensuring public safety and awareness. By starting the hiring and training of firefighters for the new station now, the Fire Department will be able to complete all academy training in time for the station's opening in mid 2005. Training additional paramedics will provide the new station with on-duty Advanced Life Support (ALS) capabilities beginning in 2006. This request includes $657,048 for nine months of salaries and benefits for 18 firefighters, $228,380 for overtime and equipment costs to send 14 of them to the training academy, and $17,801 for the salary increases related to the promotion of three Captains and three Engineers for Station 159. It also includes $15,726 for medic school tuition, and medic school overtime of $55,384 for the months of April, May and June 2005, to begin the training of six paramedics for this station. The medic school costs to complete their training that will occur in next fiscal year, will be submitted in a Fiscal Year 2005-06 budget supplemental estimated to be $110,770. 7 Once the new firefighters complete their academy training, they will be temporarily assigned to other units in the field, including a reserve engine that will be deployed to supplement service delivery until the new station opens. The cost of fuel, maintenance, dispatching, equipment and supplies to deploy the reserve engine for six months, $82,805, is included in this request. When the new station opens and Engine 159 becomes fully deployed in Fiscal Year 2005-06, the normal operating costs are estimated to be $1,060,209. This figure does not include $324,288 in one-time costs to staff Engine 159 with overtime paramedics 24 hours a day, 7 days a week, for six months, until its on-duty medic coverage completes school. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $1,057,144 Account Name, Fund, Account and Line Item Number: From GF Contingency 01-2450-7000 to Fire Emergency Services 01-3320, Fire Support Services 01-3330, Fire Medical Services 01-3350, and Fire Training, 01-3370 The recommendation was to authorize the addition of 18 new firefighters and authorize the transfer of a total of $1,057,144 in Fiscal Year 2004-05 general fund contingency appropriation authority and funds to be distributed as needed to cover the costs of the hiring and training of the firefighters and medics for Station 159 at 63rd Avenue and Bell Road. CONSENT RESOLUTIONS 13. GLENDALE HAZARD MITIGATION PLAN This is a request for the City Council to adopt the City of Glendale Hazard Mitigation Plan, developed in association and cooperation with the Maricopa County Multi-Jurisdictional Planning Team. Local jurisdictions that develop hazard mitigation plans are eligible for both pre-disaster and post-disaster federal mitigation funding. Following formal adoption of the Glendale plan, Maricopa County will submit it to the Arizona Department of Emergency and Military Affairs (DEMA) which will review the plan, prior to submitting it to Region IX of the Federal Emergency Management Agency (FEMA) for final review and approval in November of 2004. Adopting the Maricopa County Hazard Mitigation Plan will meet the Council goal of ensuring public safety and awareness. In March of 2003, the Maricopa County Department of Emergency Management (MCDEM), in collaboration with representatives from the City of Glendale, initiated the preparation of the Maricopa County Multi-Jurisdictional All-Hazard Mitigation Plan. The format of the multi-jurisdictional plan creates a separate, stand-alone plan for each 8 jurisdiction. The intent is to address the hazard mitigation planning requirements established under the Disaster Mitigation Act of 2000 (DMA 2000) for the 27 communities participating in the hazard planning process. Participants include unincorporated areas, all of the cities and towns within the County, the Fort McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community. As the final step in the process, MCDEM will present the Draft Hazard Mitigation Plan to the legislative body of each participating jurisdiction for review and adoption. Following adoption of the plan, MCDEM will submit the plan to DEMA, which will review the plan prior to submitting it to Region IX of FEMA for final review and approval. Final plan adoption is expected to be completed by November 1, 2004. The hazard mitigation plan provides a framework for developing projects that will lessen the potential impact of future disasters. As a result of a formal adoption of the hazard mitigation plan, the City of Glendale will be eligible for both pre-disaster and post-disaster mitigation funding by the federal government. The County hosted a series of sub-regional workshops throughout Maricopa County. These workshops focused on the information contained in the Draft Plan, with the intent of informing interested citizens about the hazards that might affect the community, and allowing them an opportunity to comment on their perceptions and concerns. The Northwest Valley sub-region meeting for the cities of Glendale, Surprise, Peoria, El Mirage, Wickenburg, Youngtown, Northwest Phoenix, and unincorporated Maricopa County, was held on June 2, 2004 in Peoria. The meeting was advertised through the City Clerk's Office, as well as through the County's public meeting process. There was no negative feedback from any member of the public. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the adoption of the City of Glendale Hazard Mitigation Plan. Resolution No. 3788 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING A HAZARD MITIGATION PLAN FOR THE CITY OF GLENDALE. 16. GOVERNOR'S OFFICE OF HIGHWAY SAFETY, GRANT FOR ACCIDENT INVESTIGATIONS This is a request for the City Council to authorize the submission and acceptance of a grant offer from the Arizona Governor's Office of Highway Safety (GOHS) in the amount of$35,000 to be used for accident investigations. The funding received from this grant supports the council's strategic priority of ensuring public safety and awareness. 9 With the funds provided by the GOHS, the Police Department intends to obtain laptop computers for our traffic investigators. This equipment will allow officers to document collision scenes more efficiently, reduce the redundancy of reports, and increase the number of collision investigations conducted. This funding will enable the Police Department to purchase four laptop computers that will allow accident investigators to directly input collision reports and interact with other collision investigation technology, while interfacing with current computer systems that officers have in their patrol cars. This is one-time funding by the State of Arizona, GOHS and will not affect the current budget. These laptops will be replacing laptops that are currently being used and in the replacement fund. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $35,000 X $35,000 Account Name, Fund, Account and Line Item Number: Pending approval of request. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept the grant from the State of Arizona, Governor's Office of Highway Safety. Resolution No. 3791 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER FROM THE STATE OF ARIZONA, GOVERNOR'S OFFICE OF HIGHWAY SAFETY, FOR LAPTOP COMPUTERS TO BE USED BY THE GLENDALE POLICE DEPARTMENT FOR ACCIDENT INVESTIGATIONS. 17. AUTO THEFT AND LAW ENFORCEMENT GRANTS This is a request for the City Council to authorize the submission and acceptance of two grants totaling $31,696 from the Arizona Automobile Theft Authority (AATA) for use by the Police Department in the investigation and enforcement of auto theft crimes. Through the use of community partnerships and the leveraging of technology, this grant provides the means to decrease the instances of auto theft, as well as an emphasis in public education and awareness in auto theft prevention. This promotes public safety and enhances the quality of life for the citizens of Glendale. These grants provide for a total of $31,696 in funding for overtime expenses related to auto theft investigations; the purchase and installation of an MDC; and for the upgrading and maintenance of the current "bait car" program, which would include 10 repairs and maintenance to the bait vehicles and their supporting software. The "bait car" program has proven to be an effective tool in auto theft enforcement, with one vehicle alone generating six arrests in a two-month period. These funds would also enhance the Police Department's Auto Theft Prevention Public Awareness Campaign. Services include a van wrap, which advertises the "Watch Your Car" program and also includes a public awareness campaign with AMC Theaters at Arrowhead Mall. This campaign is ideal for geographic targeting, as the theater draws patrons from a five to 10 mile radius. The National Cinema Network, which provides advertising slides for AMC Theaters, has designed a 17-week program that would best fit the City of Glendale. The remaining funding would provide for professional services for the design and lease of a billboard at the intersection of 59th Avenue and Grand Avenue, which would advertise the "Bait Vehicle" and "Watch Your Car" programs currently being utilized by the Glendale Police Department and for supplies for the Vehicle Identification Number (VIN) Etching Program. The Council authorized a grant agreement for the Police Department's current Bait Vehicle Program in July 2003. In 2003, the auto theft rate decreased 5.9% from the previous year through the use of technology in the form of "bait vehicles" and enhanced enforcement. Auto theft awareness and prevention was also the key to continuing this downward trend. These grants would enhance these efforts to reduce auto theft in the Glendale and provide the ability to increase our public awareness campaign through education. This money specifically provides funding for auto theft related police overtime, maintenance and upgrades to this existing equipment, the purchase of a Mobile Data Computer (MDC) and to promote vehicle theft prevention in the City of Glendale. There is no match or additional cost to the City of Glendale associated with accepting funding. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $31,696 X $31,696.00 Account Name, Fund, Account and Line Item Number: Pending approval of request. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept the grant funds in the amount of$31,696 from the Arizona Automobile Theft Authority. Resolution No. 3792 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY TWO GRANTS TOTALING 11 $31,696 TO ASSIST THE GLENDALE POLICE DEPARTMENT IN THE INVESTIGATION AND ENFORCEMENT OF AUTO THEFT CRIMES. 18. VICTIMS RIGHTS PROGRAM GRANTS This is a request for the City Council to accept the grant offers from the Arizona Attorney General's Office for two one-year grants in the amount of $67,125 and $4,800 to continue the victim's rights program. This grant will provide continued services to victims, enhancing the quality of life for Glendale residents. These grants will provide funds to the Police Department and the Prosecutor's Office to continue victim's rights support. This is the eleventh consecutive year of the program. Funding from these grants will be used to offset costs associated with the performance of duties that are mandated under victim's rights laws. Services provided through this grant would include direct victims assistance by victim assistance caseworkers working in cooperation with the Glendale City Court and the Prosecutor's Office; the publication and distribution of victims rights brochures, informational materials; and the maintenance of systems necessary for the timely notification of victims regarding the status of their cases and the status of arrested suspects moving through the city's criminal justice system. There is not a match or additional cost to the City associated with accepting this funding. It is a renewal in the amount of$67,125 for the Police Department and $4,800 for the Prosecutor's Office. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $67,125 X $67,125 $4,800 X $4,800 Account Name, Fund, Account and Line Item Number: AG Victims Rights Account No. 47-7039 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept the grant award from the Office of the Arizona Attorney General. Resolution No. 3793 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFERS AND AUTHORIZING THE SUBMISSION AND EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE ARIZONA OFFICE OF THE ATTORNEY GENERAL FOR PARTIAL 12 REIMBURSEMENT OF THE COSTS OF IMPLEMENTING AND MAINTAINING THE MANDATED VICTIMS' RIGHTS PROGRAM. 19. INTERGOVERNMENTAL AGREEMENTS — SCHOOL RESOURCE OFFICERS This is a request for the City Council to authorize the entering into of intergovernmental agreements between the City of Glendale and three school districts to assign Glendale police officers to the campuses of local schools. The presence of school resource officers at these schools is a positive approach to promoting public safety and awareness. The Police Department currently has six school resource officers assigned to high schools and elementary schools in the Glendale Union High School District (Independence High School), the Glendale Elementary School District (Landmark Middle School), and the Alhambra School District (Barcelona Elementary School). The school resource program began in 1992 with one officer being assigned to Barcelona Primary School, and has expanded to the current compliment of school resource officers. These contracts will continue the assignment of one officer to each of the schools during the 2004-05 school year. The assigned officers participate in educational programs, which aid students in dealing successfully with peer pressure, child abuse, gangs, and other related issues. The officers investigate cases of school related criminal activities and assist school administrators in addressing these matters. The officers work on campus while school is in session. During the summer and other recreational breaks, the officers complete duties assigned by the Police Department. This partnership allows the Police Department to continue educational efforts in local schools while increasing police visibility and presence in the community at a low cost and with no decline in other service levels. All of the school resource officers are totally funded in the general fund. The City receives partial salary reimbursement of $36,000 from each of the schools. The remaining three positions are partially reimbursed by federal grants. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into intergovernmental agreements between the City of Glendale and the Glendale Union High School District, the Glendale Elementary School District, and the Alhambra School District. Resolution No. 3794 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 INTERGOVERNMENTAL AGREEMENTS FOR SCHOOL RESOURCE OFFICERS WITH THE GLENDALE UNION HIGH SCHOOL DISTRICT (INDEPENDENCE HIGH 13 SCHOOL), ALHAMBRA SCHOOL DISTRICT (BARCELONA ELEMENTARY SCHOOL), AND GLENDALE ELEMENTARY SCHOOL DISTRICT (LANDMARK MIDDLE SCHOOL) FOR THE ASSIGNMENT OF ONE POLICE OFFICER TO AID IN REDUCING CRIME ON THE SCHOOL CAMPUS THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT. 20. INTERGOVERNMENTAL PURCHASE AGREEMENT FOR SEWER VACTOR TRUCK This is a request for the City Council to authorize the entering into of an intergovernmental purchase agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and approve the use of the cooperative's contract to purchase a sewer vactor truck. This sewer vactor truck promotes the quality of life for Glendale residents by reducing or eliminating sanitary sewer overflows and backups due to debris in sewer lines. The TLGPC is an administrative agency created in accordance with Section 791.001 of the Texas Government Code. This cooperative has expanded to allow governmental entities from other states to participate with an approved agreement. To participate in the TLGPC, the City must enter into an Interstate Interlocal Contract and remit an annual membership fee of $200 and an administrative fee of $400 for the purchase of desired equipment. The fees are included in the total cost of the vehicle as listed in this communication. Utilities Department staff evaluated the sewer cleaning truck available through this cooperative and determined the equipment meets the specified service and funding requirements. Delivery is expected within six months from the date of order. The new unit would replace a 1993 truck with vactor cleaning equipment. The existing vehicle will be used as a trade-in for the new truck, with a credit of$26,500. Funding for the replacement of the requested truck was included in the vehicle replacement supplemental request approved as part of the Fiscal Year 2004-05 budget. This vehicle performs the critical task of cleaning sanitary sewers, which is essential for protecting public health and the environment. Unmaintained sewer collection systems create odors and sewer blockages, which will diminish the quality of life where people live, work, and recreate. The Environmental Protection Agency has expanded the requirements under the Clean Water Act to ensure communities have adequate wastewater collection capacity and incorporate many standard operation and maintenance activities for efficient operation of sanitary sewer collection systems. 14 Replacement, operations, and maintenance funding is included in the approved budget for Fiscal Year 2004-05. The costs shown below include the trade-in value of the current vactor truck. Grants Capital One-Time Cost Budgeted Unbudgeted Total Expense X $253,334 $253,334 Account Name, Fund, Account and Line Item Number; Equipment Replacement, 41-6255-8400 The recommendation was to waive reading beyond the title, adopt a resolution authorizing the entering into of an intergovernmental purchase agreement with the Texas Local Government Purchasing Cooperative for the use of their cooperative contracts, and approve through this agreement the purchase of a replacement sewer vactor truck from Norwood Equipment, Inc. Resolution No. 3795 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 PURCHASE AGREEMENT FOR A SEWER VACTOR TRUCK. Mayor Scruggs opened the public hearing on Consent Agenda Item Nos. 1 through 12 and Consent Resolution Nos. 13 and 16 through 20. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed his opinion several of the Consent Agenda items will be good for the neighborhoods. He said he strongly supports St. Louis the King's Special Event Liquor License stating the church performs a very valuable service in the neighborhood. He stated he has dined at Mixteca Mexican Food and believes their good food and service draw people to the city. He said he is greatly concerned about safety at Glendale's schools, especially in light of the tragedy that occurred in Russia. He asked the city to work with School Resource Officers to make it more difficult for unauthorized personnel to walk onto school grounds. Mayor Scruggs closed the public hearing. It was moved by Eggleston and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 13 and 16 through 20, including the approval and adoption of Resolution No. 3788 New Series, Resolution No. 3791 New Series, Resolution No. 3792 New Series, Resolution No. 3793 New Series, Resolution No. 3794 New Series, and Resolution No. 3795 New Series; to forward Special Event Liquor License applications for St. Louis the 15 King Church, St. Helen's Catholic Church, Our Lady of Perpetual Help School, and St. Helen's Catholic Church to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval; and to forward Liquor License Applications No. 3-945 for Mixteca Mexican Food, No. 3-949 for Arizona Pizza Company, No. 3-950 for Ant Hill Grill and Restaurant, No. 3-951 for Japanese Market, and No. 3-952 for Sportsman's Fine Wines and Spirits to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 14. INTERGOVERNMENTAL AGREEMENT FOR THE ADMINISTRATION OF HOMELAND SECURITY GRANT FUNDS Mr. Mark Burdick, Fire Chief, presented this item. This is a request for the City Council to authorize the entering into of an intergovernmental agreement (IGA) with the City of Phoenix to administer Federal Department of Homeland Security Office of Domestic Preparedness (DHS/ODP) grant funds to the City of Glendale. This agreement supports the Council goal of ensuring public safety and awareness. The City of Phoenix has entered into an agreement with the Federal DHS/ODP to administer grant funds to Arizona political subdivisions, which includes Glendale. By creating an IGA with Phoenix, Glendale would be able to participate in federal grant funding made available to Arizona. The IGA becomes effective upon execution and automatically renews each year on the anniversary of the effective date. Either party may give written notice of intent not to renew, 30 days prior to the anniversary. Funding received through DHS/ODP grants enables the fire and police departments to develop local homeland security measures, conduct drills and specialized training, and acquire equipment. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the City of Phoenix for the distribution of Federal Department of Homeland Security Office of Domestic Preparedness grant funds. Councilmember Lieberman asked what is Glendale's share of the grant. Chief Burdick said Glendale's share of the 2003 and 2004 awards totals $2.2 million. Councilmember Lieberman asked if a decision has been made as to how the funds will be spent. Chief Burdick said the funds are tied to the heavy rescue concept on the Fire Department side and equipment on the law enforcement side. Councilmember Lieberman asked Chief Burdick to comment on Mr. Clark's concerns about the schools. 16 Chief Burdick said a lot of funding associated with Homeland Security is designed to strengthen the city's infrastructure, which includes schools. He confirmed for Councilmember Lieberman that Chief Shannon is the Fire Department's representative for Emergency Management functions. Councilmember Lieberman asked if the city is already stockpiling supplies in case of a disaster. Chief Burdick responded yes Resolution No. 3789 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 ENTITLED, "FEDERAL DEPARTMENT OF HOMELAND SECURITY (DHS), OFFICE FOR DOMESTIC PREPAREDNESS (ODP) REIMBURSEMENT GRANT PROGRAMS" WITH THE CITY OF PHOENIX. It was moved by Lieberman, and seconded by Frate, to pass, adopt and approve Resolution No. 3789 New Series. The motion carried unanimously. 15. PROJECT SAFE NEIGHBORHOODS FIREARM VIOLENCE REDUCTION GRANT Lieutenant Preston Becker presented this item. This is a request for the City Council to authorize the submission and acceptance of three grants totaling $82,770 from the Arizona Criminal Justice Commission (ACJC). The funding received from these grants meets the Council's strategic priorities of ensuring public safety and awareness and enhancing the quality of life for Glendale residents. The ACJC, through Project Safety Neighborhoods (PSN) initiatives, has made the following three grant opportunities available to the Glendale Police Department: • Illicit Firearms Interdiction Program is a PSN initiative in the amount of $11,250. These funds will support personnel services for overtime, equipment and supplies needed to identify individuals selling stolen firearms to juveniles and more effectively monitor the sale, pawning, purchasing and transfer of firearms. The intent is to intensify current operations by focusing more time and resources on those individuals and businesses that purchase and sell stolen firearms to the juvenile population. • Guns Safe Home Project is a PSN initiative in the amount of $21,600. These funds will support personnel services for overtime needed to conduct educational campaigns for firearms safety. It is the intent to distribute educational materials promoting firearms safety for juveniles in the home, distribution of safety devices to residents of Glendale, and promote in-home documentation of firearm serial numbers of private owners for the purpose of stolen firearms recovery. 17 • Teen Party Violence Prevention Program is a PSN initiative in the amount of $49,920. These funds will support personnel services for overtime needed to conduct teen party violence prevention. It is the intent to research methods of identifying teen parties and follow up on the intelligence information gathered to intercede firearms law violations at teen parties. The Council authorized a grant agreement in June of 2004 (PSN-4-3004) for juvenile education in reference to the city's Weed and Seed program. This program is a PSN initiative in partnership with the U.S. Attorney's Office (USAO) and the Alcohol Tobacco and Firearms (ATF) Agency. This project complements the Police Department's goal of educating the public, promoting firearms safety, monitoring the sale, pawning, purchasing and transfer of firearms, and conducting teen party violence prevention, ultimately saving lives while assisting in the prevention of firearms accidents and violence. The intent of this project is to reduce the possession of illegal firearms and violence with firearms, as well as the distribution of safety devices for firearms, educational materials on firearms safety in the home. As a direct result of the actions of the Orchard Glen Weed and Seed Steering Committee and residents voicing their concerns for a solution to abating firearms violence, Glendale was invited to apply for grant funds. There is no match or additional costs to the City associated with accepting this funding. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $11,250 X $11,250 $21,600 X $21,600 $49,920 X $49,920 Account Name, Fund, Account and Line Item Number: Pending approval of request. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept the three grant offers from the Arizona Criminal Justice Commission. Councilmember Lieberman asked Lieutenant Becker if the city has a problem with the pawning of stolen weapons. Lieutenant Becker said firearms are a target of burglaries and are then sold either person to person or to legitimate businesses. Councilmember Lieberman asked if firearms collected by the Department are destroyed. Lieutenant Becker responded yes. Councilmember Lieberman asked if the 18 repeal of the ban on automatic weapons will have an impact on the illicit firearms interdiction program. Lieutenant Becker said they hope to remove any firearms stolen and sold in businesses. He said they will have to wait to see what impact the repeal of the ban will have. Councilmember Lieberman pointed out the ban used to prohibit clips with more than 10 rounds. Resolution No. 3790 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE THREE GRANT OFFERS FROM THE ARIZONA CRIMINAL JUSTICE COMMISSION, PROJECT SAFE NEIGHBORHOODS, FOR FIREARM VIOLENCE REDUCTION. It was moved by Lieberman, and seconded by Clark, to pass, adopt and approve Resolution No. 3790 New Series. The motion carried unanimously. 21. TARGETED STREET SWEEPING TO REDUCE DUST EMISSIONS Mr. Doug Kukino, Environmental Resources Director, presented this item. This is a request for the City Council to approve a resolution that requires the City to develop and implement a protocol for targeting street sweeping to reduce dust emissions on arterial and collector streets that have unusually high levels of dust or soil deposited on the street. Targeted street sweeping of the dustiest streets using PM-10 efficient street sweepers addresses three City Council priorities, including: (1) enhance the quality of life for Glendale residents; (2) ensure public safety and awareness; and (3) project a positive image of Glendale. While the overall air quality in the Phoenix metropolitan area has improved significantly over the past 25 years, the area continues to violate the federal PM-10 (particulate matter/dust) standards. These violations need to be corrected in a timely manner. The U.S. Environmental Protection Agency and the Arizona Department of Environmental Quality have determined that Maricopa County needs to adopt and enforce stricter dust regulations. The County is in the process of adopting those more stringent standards. It has been determined that dust emissions from paved streets can be significant, particularly arterial and collector streets that have unusually high levels of accumulated dust/soil. These streets are typically located adjacent to vacant parcels, agricultural fields, and/or lands under development. Maricopa Association of Government (MAG) member cities have each been requested to commit to targeted street sweeping via Council resolution by September 19 30, 2004. The cities are required to begin implementation by February 2, 2005. The City's commitment for targeting additional street sweeping is capped at a maximum of five miles per year. Under the federal Clean Air Act, a commitment to implement a pollution control measure is a permanent commitment. Since the amount and location of the City's dustiest streets will change as the City continues to be urbanized, the specific street segments and number of miles targeted for enhanced street sweeping will be determined annually by the Streets Division. Over the years, Glendale, in coordination with MAG, has prepared and submitted several particulate matter air quality plans to the U.S. Environmental Protection Agency. The most recently adopted and submitted plan was the Revised 1999 Serious Area PM-10 (Particulate Matter) for the Maricopa Non-attainment Area. This resolution amends/adds to the commitments made in that plan. The targeted street sweeping of the city's dustiest streets is in addition to the City's normal twice a month street sweeping schedule. It is anticipated that the targeted street sweeping will increase the frequency of sweeping to once a week on those selected streets. The Arizona Department of Environmental Quality is responsible for the holding of a public hearing on the entire State PM-10 Implementation Plan for the Salt River Area. Funding is available within the current budget. The value of this service is estimated to be $7,500. This amount is based on overtime costs of $7,000 and fuel costs of$500. The recommendation was to waive reading beyond the title and adopt a resolution that contains the City of Glendale's commitment to implement measures to reduce re-entrained dust emissions from targeted paved roads as part of the state implementation plan for the Salt River Area. Councilmember Martinez asked how they will identify the streets to be swept, stating many of his constituents around the rock and gravel operation on 75th Avenue and Deer Valley have called to complain. Mr. Kukino said they hope Maricopa County will be more stringent in their enforcement of trek-out issues. He stated the five miles identified by the City of Glendale were identified by the Field Operations Street Sweeping Division. Councilmember Clark said the residential project on Glendale Avenue at 71st Avenue is creating an incredible amount of dust. She asked if the city can require the 20 contractor to do a better job of dust control or if the city is prepared to remove the sediment from the streets. Mr. Kukino said the city's standard operating procedure is to call the county who then sends an inspector out to deal with the issue. Councilmember Clark asked how sensitive the County is to the city's requests. Mr. Kukino said the County typically calls back within 24 hours and inspects a site within three days of a complaint being filed. He said the city does not currently track how long after it files a complaint the county addresses the issue. Councilmember Goulet asked if streets that do not have curb and gutter or other infrastructure are given a higher priority. Mr. Kukino acknowledged the city has unpaved shoulders on arterial streets, explaining they have a program that uses asphalt millings left over from construction projects to help stabilize the shoulders to prevent dust from rising. Councilmember Lieberman asked if the city owns street sweepers that have vacuum filtering systems. Mr. Kukino responded yes, stating all but one of the city's sweepers are PM-10 efficient sweepers. Mayor Scruggs pointed out the streets selected for the enhanced sweeping protocol are Glendale Avenue from Glen Harbor Boulevard to El Mirage Road, Dysart Road from Glendale to Northern Avenues, and Glendale Avenue from 83rd Avenue to the Loop 101. Resolution No. 3796 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, IMPLEMENTING MEASURES TO REDUCE RE-ENTRAINED DUST EMISSIONS FROM TARGETED PAVED ROADS IN THE REVISED PM-10 STATE IMPLEMENTATION PLAN FOR THE SALT RIVER AREA. It was moved by Martinez, and seconded by Frate, to pass, adopt and approve Resolution No. 3796 New Series. The motion carried unanimously. BIDS AND CONTRACTS 22. PROFESSIONAL SERVICES AGREEMENT FOR STREET IMPROVEMENTS ON 591h AVENUE, OLIVE AVENUE TO MOUNTAIN VIEW ROAD Mr. Craig Johnson, Engineering, presented this item. This is a request for City Council approval of a professional services agreement with Kimley-Horn and Associates, Inc. for the engineering design and construction services for street improvements on 59th Avenue between Olive Avenue and Mountain View Road. The purpose of this project is to add a right turn lane, bus bay, and street widening to accommodate a future center median to be constructed as part of the Glendale On-Board program. 21 One of the Council's goals is to improve transportation options in the City. The addition of a bus bay and right turn lane on southbound 59th Avenue, between Olive Avenue and Mountain View Road, will improve traffic flow in this area. The City of Glendale and Glendale Community College have proposed the addition of a turn lane for 59th Avenue, between Mountain View Road and Olive Avenue. The City proposed this project to the Maricopa Association of Governments (MAG) for federal funding under the Congestion Mitigation, Air Quality program. MAG approved the proposal and has included this project for construction in Federal Fiscal Year 2006. On May 6, 2004, a notice for a Request for Qualifications was sent to over 100 civil engineering firms and 12 proposals were received. A review committee, made up of staff from the Engineering and Transportation Departments and an outside consultant, selected Kimley-Horn and Associates, Inc. as the best-qualified firm to provide the required services. 59th Avenue is a major arterial street in the City that borders on Glendale Community College. The 2002 traffic counts indicate 34,300 vehicles per day use 59th Avenue in this area. The heavy traffic volumes, combined with student and bus traffic, make a turn lane and bus bay necessary to promote safety and to mitigate existing traffic delays. Funds in the amount of $259,639 are available in the Fiscal Years 2004-06 Capital Improvement Program, 59th Avenue, Olive to Brown, Account No. 61-9554- 8330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $259,639 Account Name, Fund, Account and Line Item Number: 59th Avenue, Olive to Brown, Account No. 61-9554-8330 FY04/05 $230,950 FY 05/06 $28,689 The recommendation was to approve the professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $259,639. Councilmember Goulet asked if the road will be moved one lane to the west because of future center development. Mr. Johnson responded yes. Councilmember Goulet asked if the city will purchase property from the Maricopa County Community College system, specifically Glendale Community College. Mr. Johnson stated the work will be done primarily in the city's right-of-way; therefore the city will be able to take care of the landscaping. Councilmember Goulet asked how long the project will take, pointing out there is heavy traffic in the area. Mr. Johnson said the design of the project will take at least 10 to 11 months, explaining additional project processes are required because the project is federally funded. 22 Councilmember Lieberman asked if any CTOC funds are invested in the project. Mr. Johnson answered no, explaining the project will move the west curb line further west to allow a dual left turn median in the area south of Vogel. Mayor Scruggs opened the public hearing on Agenda Item No. 3. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he is in favor of the agreement. He asked if the City of Glendale will be responsible for any payments to the Maricopa County Community College system or Maricopa County for widening the road. He said 59th Avenue is undergoing a lot of changes, asking if the project will take place during construction of the underpass and, if so, have plans been made for the traffic. Mayor Scruggs closed the public hearing. It was moved by Eggleston, and seconded by Frate, to approve the professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $259,639. Mayor Scruggs pointed out the 10 to 11 months required for design means construction would not occur at the same time as the underpass. Vice Mayor Eggleston clarified the lanes will be placed in an area where there is little existing landscaping and will involve only the city's right-of-way so additional land will not have to be purchased. Upon a call for the question, the motion carried unanimously. ORDINANCES 23. SALT RIVER PROJECT IRRIGATION EASEMENT, WEST SIDE OF 63RD AVENUE, BETWEEN ALICE AVENUE AND BUTLER DRIVE Ms. Kathie Sholly, Property Manager, presented this item. This is a request for the City Council to adopt an ordinance granting an irrigation easement in favor of Salt River Project (SRP) for its facilities along the west side of 63rd Avenue, between Alice Avenue and Butler Drive. City Council policies support developments like Tarrington Place, a residential subdivision at the southwest corner of Alice and 63rd Avenues. Granting this easement accommodates construction of that development and the improvement of 63rd Avenue between Alice Avenue and Butler Drive. 23 To accommodate the development of Tarrington Place and the improvement of 63rd Avenue, SRP's existing open irrigation ditch is being tiled and placed underground. To formally acknowledge the change from an open ditch to an underground pipe, SRP is requesting an easement for the new pipe location within the City right of way. The recommendation was to 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. 2401 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 AN EASEMENT IN FAVOR OF SALT RIVER PROJECT FOR ITS FACILITIES ALONG THE WEST SIDE OF 63RD AVENUE BETWEEN ALICE AVENUE AND BUTLER DRIVE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2401 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 24. SALT RIVER PROJECT POWER DISTRIBUTION EASEMENT AT 83RD AVENUE AND BETHANY HOME ROAD Ms. Kathie Sholly, Property Manager, presented this item. This is a request for the City Council to adopt an ordinance granting an electric power distribution easement in favor of Salt River Project (SRP) on City-owned property along the east side of 83rd Avenue, north of Bethany Home Road. The purpose of this easement is to provide power to the City's West Area Regional Park and related facilities at the northeast corner of 83rd Avenue and Bethany Home Road. Granting this easement will enable reliable electrical service to the West Area Regional Park, a facility approved as part of the Parks and Recreation Master Plan. First phase development of the West Area Regional Park at the northeast corner of 83rd Avenue and Bethany Home Road includes restrooms, park lights, and irrigation facilities. The City requested that SRP provide electrical power for these items. In order to do that, SRP needs an easement on the City-owned property for its facilities. This easement has been requested to allow SRP to install the necessary electrical equipment to provide the service. 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. 24 Councilmember Frate asked if the power distribution easement will be the only easement necessary for the West Area Regional Park. Ms. Sholly responded no, stating the proposed easement pertains only to the first phase of development of the park. Ordinance No. 2402 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 AN EASEMENT IN FAVOR OF SALT RIVER PROJECT ON CITY-OWNED PROPERTY ALONG THE EAST SIDE OF 83RD AVENUE, NORTH OF BETHANY HOME ROAD; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Eggleston, and seconded by Frate, to approve Ordinance No. 2402 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. 25. PROPERTY PURCHASE FOR ZONE 4 WATER TREATMENT PLANT Ms. Kathie Sholly, Property Manager, presented this item. This is a request for the City Council to authorize the acquisition of an approximately 41-acre site at the northeast corner of 71st and Northern Avenues for the City of Glendale's Zone 4 Water Treatment Plant. The water treatment facility is needed to meet growth and water demand in the city's Zone 4 water pressure area located west of 75th Avenue. The new plant will comply with current and anticipated Federal and State drinking water standards. The Zone 4 Water Treatment Plant has been discussed with the City Council in several settings over the last few years. The land acquisition is budgeted in this year's Capital Improvement Plan (CIP). Black and Veatch Consulting Engineers evaluated the location of the Zone 4 Water Treatment Plant and recommended that the facility be located in the vicinity of 71st and Northern avenues. Staff contacted the owners of potential sites in the area to discuss purchase of their sites. The Rovey family owns a site containing approximately 45 acres at the northeast corner of 71st and Northern Avenues. The Roveys agreed to sell all but about four acres of the site to the City for $1.75 per square foot, the appraised value of the property in November 2003, plus statutory interest. The Roveys have requested that the City exercise its power of eminent domain and acquire the property through condemnation. The proposed Zone 4 Water Treatment Plant will provide a new state-of-the-art drinking water source for rapidly growing western Glendale and the City Center Master Plan area. 25 The cost of the property acquisition, including interest, will be approximately $3,250,000. This number does not include legal costs for the condemnation of the property. Funds for this purchase are available in Additional Water Capacity, Account No. 83-8056-8100. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $3,250,000 Account Name, Fund, Account and Line Item Number: Additional Water Capacity, Account No. 83-8056-8100 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute all documents necessary to complete the acquisition of property necessary for the construction of the Zone 4 Water Treatment Plant, using the City's power of eminent domain as requested by the property owner. Ordinance No. 2403 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 THAT TITLE TO AND POSSESSION OF CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF 71ST AND NORTHERN AVENUES IN THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, BE ACQUIRED BY PURCHASE, OR UNDER THE POWER OF EMINENT DOMAIN, FOR THE ZONE 4 WATER TREATMENT PLANT; AND DECLARING AN EMERGENCY. It was moved by Goulet, and seconded by Lieberman, to approve Ordinance No. 2403 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. 26. SUB-REGIONAL OPERATING GROUP LOCAL LIMITS ORDINANCE Mr. Roger Bailey, Utilities Director, presented this item. This is a request for the City Council to adopt an ordinance amending the Glendale Municipal Code, Chapter 33, Article Ill, relating to sewers and sewage disposal. These amendments will revise the City's permissible local wastewater effluent limits, as well as other requirements for discharge into the City's sanitary sewer system. Council-approved ordinance changes are due from all the Sub-Regional Operating Group (SROG) cities no later than October 1, 2004. The effective date for revised numerical limits is January 1, 2005. Other ordinance changes are effective 30 days after Council approval. 26 The City of Glendale is a member of the SROG, which owns and operates the 91st Avenue Wastewater Treatment Plant. Wastewater discharges to the Salt River from the 91st Avenue Publicly Owned Treatment Works (POTW) are regulated by Arizona/National Pollutant Discharge Elimination System Permits (AZPDES/NPDES). The AZPDES/NPDES permit for the 91st POTW is revised every five years and requires that local limits revisions be considered at the same time. These ordinance changes are a result of an ongoing scientific study to evaluate justifiable limitations. Each of the SROG cities has enforceable industrial pretreatment programs that regulate the quality of the wastewater that can be discharged by industrial users to the sanitary sewer collection system. The SROG cities also have the same local limitations for substances that can be lawfully discharged into the sanitary sewer by any user. Both types of limitations are contained in the SROG cities ordinances and are commonly referred to as local limits. The article that is affected by this ordinance sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment systems for the City and enables the City to comply with all applicable local, state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, part 403). This article provides for the regulation of direct and indirect contributors to the municipal waste water system through the issuance of permits to certain non-domestic users and through enforcement of general requirements for other users. It also authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the programs established by this article. The proposed changes will not adversely impact the city's Significant Industrial Users (SIU) industries, as they currently meet or exceed the proposed limits and standards. The objectives of this article are: (1) To prevent the introduction of pollutants into the wastewater system which will interfere with the operation of the system or contaminate the resulting sludge; (2) To prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system; (3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and, 27 (4) To provide for equitable distribution of the cost of the municipal wastewater system. The last major changes to the ordinance relating to pretreatment programs were made in January of 1995. These new local limits on discharges are designed to protect the wastewater treatment plants, the personnel operating the plants, sewer collection system personnel, the citizens of Glendale and the environment from any adverse impact that may occur when unacceptable wastes are discharged into the wastewater system. A meeting with the SROG SIU industries was held at Phoenix City Hall on May 3, 2004, with approximately 40 attendees. There were no objections to the limits, only general questions. All permitted SIU's in the affected municipalities were sent letter invitations. A meeting for local environmental groups was held on May 4, 2004 after invitation by letter. There were no attendees. Public Notice was posted in the Main and Velma Teague libraries, and other Valley cities on June 14, 2004. Notice and background information was also available at http://proiects.pirnie.com/ProiectSites/SROGLL. Public Notice was published in local area newspapers on June 16 and 17, 2004. A formal public meeting was held at the Phoenix City Council Chambers on behalf of the SROG cities on July 21, 2004. There were 21 attendees. A formal written comment period began on Thursday, June 17, 2004 and ended on Friday, August 13, 2004. The recommendation was to waive reading beyond the title and adopt an ordinance amending the Glendale Municipal Code, Chapter 33, Article III, relating to sewers and sewage disposal. Ordinance No. 2404 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 33, ARTICLE III RELATING TO SEWERS AND SEWAGE DISPOSAL. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2404 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 28 It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 21, 2004, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mayor Scruggs asked those interested in addressing the Council to limit their comments to five minutes. She advised the time limit might change as the public comment portion of the meeting progresses to allow all comments to be heard within a period of one hour. Mr. Ed Sharpe, a resident of the City of Glendale Barrel District, explained he is the Director and Lead Archivist for the Southwest Museum of Engineering, Communication and Computation. He referenced an article in the Arizona Republic regarding Tempe's plan for a wireless data network in the Tempe Town Lakes area. He said he contemplated how long it would take for Tempe to put such a plan in place, suggesting Glendale has a chance to fast track a smaller version of the contract, making it the leader in unplugging its downtown area. He stated many of the conduits already exist around the cable and fiber for wireless access points. He said visiting and resident computer users possessing wi-fi capabilities on their laptops or handheld electronic devices could use the network and many older networks could add the capability through the introduction of a wi-fi card. He identified areas and establishments that could take advantage of the wi-fi network as being the area around Murphy Park, the Velma Teague Library, the City Court building, the City complex buildings, and the Bank of America Building. He stated many other restaurants and shops would also benefit from the technology. He said the technology is not difficult to implement and his staff would be happy to participate in any committee established to determine the feasibility of the issue, noting they are currently developing an experimental system to cover part of Catlin Court. Mr. Sharpe also addressed the Council concerning the 1926 Baptist Church Building, stating the museum has already expressed its interest in the building as its future home of the Engineering, Communication and Computation Museum. He said demolition has started on the new structure south of the old 1926 building, but the old building remains untouched. He stated he would like again to reiterate their interest in the chapel and attached building. He asked the Council to reconsider the use of the building as a museum facility. Ms. Bonnie Steiger, a resident of the City of Glendale Sahuaro District, thanked the City of Glendale, Luke Air Force Base and the sponsors of the September 11 concert "Tops in Blue". Ms. Susan Town, a resident of the City of Phoenix, said she moved away from Glendale 40 years ago and only recently returned to see the incredible transformation that has taken place. She said, while she is glad to see the downtown district has 29 remained virtually the same, she is concerned that the city is considering demolishing a historic church within a designated historic district for the addition of 20 parking spaces. She asked why the city would designate a historic district, but then demolishes a historic church located within the district. She said she would not oppose converting the church into a museum as long as the integrity of the building remains and she believes the offer should be given serious consideration. Ms. Judy Snyder, a resident of the City of Glendale Yucca District, stated she grew up in Glendale, attending Glendale High School, which had a beautiful Spanish style building that was later demolished. She said she was thrilled when Catlin Court was established and believed it was a concept to which the city would hold true. She explained the church was always part of the neighborhood and is an important part of the city's history. She asked why the church was not allowed to tear down homes in the area to create parking, when that is exactly what the city did once it purchased the property. She urged the Council to give serious consideration to preserving the church and accepting the museum's offer. Mr. Ken Wright, a resident of the City of Surprise, said he was involved in the negotiation of the sale of the First Southern Baptist Church to the City of Glendale. He said the white paper was well put-together by the administration, but the conclusions reached and recommendations were predicated upon the demolition of all of the structures. He said he previously requested that Council consider a fourth option, wherein the 1926 church would be sold. He said he has not witnessed any parking problems when he has visited the downtown area and a lot of parking spaces will be generated by the conversion of the two other buildings into parking lots. He expressed his opinion the public, including those who signed the petition, should know the cost differential if the city were to sell the 1926 building. He explained, not only would the city receive whatever amount was paid for the building, but also it would also save the cost of demolition and potentially receive revenue from the building once it is reestablished as a dynamic facility. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he is also in favor of keeping the old church. He said he attended the church as a child and believes the city's plan to demolish the church is an affront to all those who have attended the church in the past. He expressed his opinion omens have been brought down upon the city since the issue was first discussed. He said the church represents more than a building made with bricks. He stated historical resources are being destroyed the world over through war and terrorism and the city does not need to add to the destruction by tearing down a historically valuable church. He said as he prepares for possible deployment to the Middle East, he wants to know he will not return to a parking lot. He urged the Council to save the church. Mr. Harold McPherson, a resident of the City of Phoenix, stated he and his son own a business in Catlin Court right behind the old church. He asked the Council to reconsider the destruction of the old First Southern Baptist Church. He said he believes there is still hope and that that hope resides in the Council's authority to 30 rescind the bulldozers. He said his son recently presented a petition with over 400 signatures, a majority of which are business owners and merchants in the Catlin Court and downtown areas. He said the value of his property and the area as a whole will be negatively impacted if the old church is destroyed. He expressed his opinion the benefits of preserving the building and selling it to a reputable person should be given serious consideration. Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District, also asked the Council to save the church. She then addressed the Council concerning a charity known as "Packages from Home". She explained she and Debra Kist established the charity when she saw the number of men and women sent to Iraq who were in need of essential items. She asked for the names of service men and women in Iraq, preferably those in areas where support and essential items are not readily available. She encouraged people who know service personnel in need to contact her, stating she will ensure they receive a package. She noted Councilmember Lieberman, a hero of World War II, has offered to help, as have Mayor Scruggs and other members of the Council. She said items could be dropped off at her business, Headlines Hair Styling, or at World Gym. She stated 100 percent of all items go to the men and women in the Middle East. Mr. Bill Cleland, a resident of the City of Glendale, on behalf of Glendale Therapeutic Massage Clinic, said he approached the Planning and Zoning Commission four years ago, asking for a text amendment that recognized massage clinics as professional businesses. He said that amendment was passed by both the Planning Commission and the Council. He stated they were recently state licensed and his son works very hard to project a professional image. He said Glendale has now chosen to pass new licensing requirements, which are the most stringent requirements in Maricopa County. He stated the requirements could put them and other massage therapists out of business. He said it was his understanding their establishment license gave them the right to operate their business, but Glendale is now saying an on-site manager license is also required. He explained the license costs $150 initially, and $80 per year thereafter, to have a person on the premises that manages the business. He asked if any other businesses, aside from adult entertainment, are subjected to a similar requirement. He said the requirement will place an unnecessary burden on business owners and he does not see any real purpose for the on-site manager since the licensee is held responsible should anything go wrong. He said his son works alone; therefore, the second license does nothing more than require that his son pay an additional $150 to manage himself. He stated, while he understands the city is attempting to cast a large net that will capture all of the illegal businesses, he does not believe legitimate businesses should be made to suffer. He asked for an opportunity to meet with the Council members individually to discuss the issue and that the licensing requirement be put on hold until it is given further consideration. Mayor Scruggs asked Mr. Beasley to contact the Director of the appropriate department to arrange a meeting with interested business owners. 31 Ms. Marsha Ochs, a resident of the City of Glendale, on behalf of Glendale Medical Massage, said her business is a one-person operation and she believes an on- site manager is unnecessary. She noted the White House Commission on Complimentary Alternative Medicine is making a report public in which 22 major medical colleges are requiring that physicians take continuing education to teach them about alternative medicines, including massage therapy. She said doctors are being trained in choosing medical massage therapists. She pointed out physical therapists and estheticians do not have onsite managers, asking why a massage therapist is required to have one. She explained she does not have formal business hours, working at a neurosurgeon's office one day a week, doing onsite corporate massages one day a week and working at the Westin Kierland on an on-call basis. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced the dedication of the all-access park at 75th Avenue and Camelback is scheduled for Thursday September 23 at 6:30 p.m. She explained the park was built primarily for children with disabilities, although all children and parents are welcome to use the park. Councilmember Lieberman thanked Ms. Lewis for her kinds words, stating the 996 U.S. soldiers that never returned from Italy were the heroes, not him. He said he is the proud chairman of the Arizona chapter of the 10th Mountain. He stated Ms. Lewis and Ms. Kist have a tremendous program and he intends to assist their efforts in every way he can. He said they are attempting to bring a little bit of home to the 333,400 troops in Iraq. He thanked those who came out to speak on behalf of the church, stating he is also in favor of saving the church. He said Vice Mayor Eggleston and he were instrumental in the establishment Catlin Court and he is proud of what is being done in that district. He agreed the city has ample parking in the downtown area, pointing out additional parking will be realized once the old adult center is turned into a parking lot and when the newer portion of the church property is torn down. Vice Mayor Eggleston said a Barrel District meeting would be held at the Glendale American School on Wednesday September 22. Councilmember Martinez thanked everyone who attended Saturday's meeting regarding proposed improvements to 59th Avenue, noting almost 300 people attended. He said staff is in the process of evaluating an alterative that was submitted by two individuals at the meeting. He stated he met with Mr. Cleland and other therapists two weeks ago regarding the onsite manager issue and staff has reviewed the issue and forwarded it to the attorney's office. He assured Mr. Cleland and Ms. Ochs that he will follow up on the issue. Councilmember Frate thanked Page Thomas and the Glendale Human Services Counsel for hosting several meetings. He also thanked students from Ironwood High School for attending the meeting. He encouraged everyone to attend Fiesta Glendale 32 this weekend. He stated the last water walk was held in August, but he urges everyone to continue to watch children around water. Mayor Scruggs wished Vice Mayor Eggleston a happy birthday. ADJOURNMENT There being no further business, the meeting was adjourned at 8:55 p.m. Pamela Hanna - City Clerk 33