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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/28/2004 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, SEPTEMBER 28, 2004, AT 7:00 P.M. The meeting was called to order by Vice Mayor Thomas R. Eggleston, with the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Mayor Elaine M. Scruggs was absent. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, Acting 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 two resolutions and three 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 REVISED MINUTES OF THE SEPTEMBER 14, 2004 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the revised minutes of the September 14, 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. Aviation Advisory Commission Simon, Eric Chair Appointment 09/28/2004 11/23/2005 Dewey, R. Andrew Vice-Chair Appointment 09/28/2004 11/23/2005 Coury, Fred Sahuaro Re-appointment 09/28/2004 11/13/2006 Dewey, R. Andrew Mayoral Re-appointment 09/28/2004 11/23/2006 1 McLean, Pierce A. Cholla Appointment 09/28/2004 11/23/2006 Community Development Advisory Committee Barasha, James A. Cholla Appointment 09/28/2004 07/01/2006 Industrial Development Authority Cunningham, William At-Large Appointment 09/28/2004 08/22/2010 Personnel Board Levine, Ben Chair Appointment 09/28/2004 12/22/2005 Cordova, Albert L. Vice-Chair Appointment 09/28/2004 12/22/2005 The recommendation was to make appointments to the commissions and administer the oath of office. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above, for the terms listed above, to the Aviation Advisory Commission, the Community Development Advisory Committee, the Industrial Development Authority, and the Personnel Board. The motion carried unanimously. Vice Mayor Eggleston administered the oath of office to: Eric Simon, Aviation Advisory Commission; James A. Barasha, Community Development Advisory Commission; and William G. Cunningham, Industrial Development Authority. HISPANIC HERITAGE MONTH PROCLAMATION This is a request for the City Council to recognize September 15th to October 15th as National Hispanic Heritage Month. The recognition of Hispanic Heritage Month supports the Council's priority of projecting a positive image of Glendale. By supporting the contributions and history of Hispanics, the city demonstrates its commitment to the celebration of cultural awareness through professional development and community involvement. Since 1989, by presidential proclamation, September 15th to October 15th is recognized as National Hispanic Month. It is recognized that the Hispanic community was of prime importance in Glendale's early development and cultural diversity, from the first Hispanics who came in the early 1880's to labor in the construction of the Arizona Canal, and whose descendants continue to contribute to the community's quality of life. Members of the Hispanic community are united by the proud heritage they share and the important contributions they have made in the United States. 2 The City of Glendale is committed to continuing efforts in promoting cultural awareness and community outreach. Vice Mayor Eggleston read the proclamation declaring September 15th to October 15th as National Hispanic Heritage Month. He presented the proclamation to Mr. Ernie Ruiz and Mr. Greg Dominguez. FIRE PREVENTION WEEK PROCLAMATION This is a request for the City Council to declare the week of October 3rd — 9th as Fire Prevention Week. The purpose of this nationally observed week is to remind citizens of the importance of fire prevention at home, work, and school. This year's theme is "Test your smoke alarm." Activities for Glendale's Fire Prevention Week begin with the city's 22nd annual Fire Prevention Day Parade on Saturday, October 2, 2004. The parade begins at 52nd and Glendale Avenues and proceeds west to 58th Avenue and ends at Murphy Park. Fire Prevention Week is supported by the Arizona Fire and Burn Educator's Association, the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters, and the Fire Marshal's Association of North American. Glendale citizens are being asked to participate in fire prevention activities at home, work, and school. Fire Chief Mark Burdick will be present to accept the proclamation from Mayor Scruggs. The Glendale Fire Department is committed to continuing efforts in providing fire, home and safety information to Glendale citizens. Vice Mayor Eggleston read the proclamation declaring October 3rd — 9th as National Fire Prevention Week. He presented the proclamation to Ms. Linda Rider. CONSENT RESOLUTION Mr. Ed Beasley, City Manager, read the agenda item by title. Ms. Pamela Hanna, City Clerk, read Consent Resolution by number and title. 1. ACCEPTANCE OF A FEDERAL BROWNFIELD GRANT FOR THE CITY CENTER AREA 3 This is a request for the City Council to accept a Brownfield grant awarded to the city by the United States Environmental Protection Agency (EPA) in the amount of $200,000. The grant will be used to conduct an inventory of potential brownfield properties in the City Center area and to conduct environmental assessments on selected properties. The goal of the project is to assist in determining which land parcels have real or suspected contamination that prohibits development or redevelopment. The inventory and assessment of potential brownfield properties within the City Center area addresses two City Council strategic priorities, to: (1) promote economic development and (2) strengthen community relationships and create new partnerships. Redevelopment of brownfields reduces the amount of underperforming properties, creates jobs, and increases property values. Brownfields are abandoned, idled or underused properties, where expansion or redevelopment is complicated by real or suspected environmental contamination. The federal Brownfields program offers assistance to property owners, developers, business owners, and prospective purchasers in dealing with real or potentially contaminated properties. Brownfields can include former industrial properties, vacant warehouses, vacant lots, and former dry cleaning establishments. Abandoned gas stations are also considered brownfields, but may only be eligible for assessments if hazardous substance(s), other than petroleum contamination, were used/released at the property. New Brownfields legislation adopted in 2002, created additional funding opportunities for entities to apply for monies to inventory/assess and clean-up potential brownfield sites within their communities. In December of 2003, the city applied for a two-year, Brownfields grant to inventory/assess potential brownfield properties within the City Center area. The City Center area is three square miles in size, bounded by 43rd Avenue on the east, 67th Avenue on the west, and the midsection line streets of Orangewood Avenue on the north and Maryland Avenue on the south. In June of 2004, the EPA announced that Glendale was selected for one of the awards, all of which were based on a nationwide competition. In December of 2003, the Council provided a letter in the city's grant application submittal demonstrating support for the project. The city requested input from citizens before submitting its grant application to the EPA. The city received support for the project from homeowners, neighborhood representatives, real estate and development experts, and local business people. 4 Community involvement is required as part of the city's Brownfields grant terms and conditions. Prior to committing grant funds to conduct environmental assessments on private land, the landowner must agree to provide site access and understand that any property-related data would be a public record. Participation by property owners in this program is entirely voluntary. There is no financial match required for the grant. The Environmental Resources Department will administer the grant using existing staff. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the United States Environmental Protection Agency Brownfields grant. Resolution No. 3797 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 ACCEPTANCE OF A GRANT FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO INVENTORY AND ASSESS BROWNFIELDS SITES IN THE CITY CENTER AREA OF THE CITY OF GLENDALE. It was moved by Martinez, and seconded by Frate, to pass, adopt and approve Resolution No. 3797 New Series. The motion carried unanimously. BIDS AND CONTRACTS 2. AWARD OF CONSTRUCTION CONTRACT — 47TH AND GRAND AVENUES RETENTION BASIN LANDSCAPE Mr. Larry Broyles, City Engineer, presented this item. This is a request for the City Council to award a contract to Standard Construction Company, Inc. for the construction of the 47th and Grand Avenues Retention Basin Landscape project. One of the Council's strategic priorities is to enhance the quality of life for Glendale residents. The construction of this retention basin landscape will provide aesthetic enhancements to the Grand Avenue corridor and support efforts to maintain the quality of life for the adjacent neighborhood. The two storm water retention basins at this location were completed in May of 2002 as a means to mitigate an existing drainage problem in the adjacent Bethany Heights neighborhood. Due to funding limitations, the retention basins were only excavated and constructed to alleviate the neighborhood drainage problem. This construction project encompasses 3.42 acres and provides additional site drainage improvements, concrete curb, gutter and sidewalk, decorative masonry walls 5 and wrought iron fencing along Grand Avenue, a new cul-de-sac at the end of 47th Avenue, and landscaping throughout the site. In June of 2002, the city retained Sherman Group, Inc. to provide design services for this project. Sherman Group, Inc. worked closely with city staff and the Bethany Heights Neighborhood Association on the desired components for the site and landscape design. On August 26, 2004, eight bids were received and opened. Standard Construction Company, Inc., a qualified licensed contractor, submitted the lowest bid in the amount of $417,388. The landscape and other improvements confined within this project will alleviate dust and weed debris and provide beautification of the Grand Avenue corridor and this immediate neighborhood. Funds for this project are included in the Fiscal Year 2004-05 Grand Avenue Beautification Account No. 31-8990-8300. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $417,388 Account Name, Fund, Account and Line Item Number: Grand Avenue Beautification, Account No. 31-8990-8300 The recommendation was to approve the award of the construction contract with Standard Construction Company, Inc., in the amount of $417,388. In response to Councilmember Frate's question, Mr. Broyles stated he didn't know the exact height of the fence. He explained the wrought iron fence is intended to prevent people walking along Grand Avenue from entering the retention area and adjacent neighborhood. It was moved by Lieberman, and seconded by Frate, to approve the award of the construction contract with Standard Construction Company, Inc., in the amount of$417,388. The motion carried unanimously. 3. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - WEST AREA REGIONAL PARK PHASE II Mr. Larry Broyles, City Engineer, presented this item. This is a request for the City Council to approve amendment number three to the professional services agreement with Olsson Associates for design and construction administration services required for the second and final phase of the West Area 6 Regional Park. This amendment will provide for complete bid documents and construction administration for the balance of the entire 88-acre park site improvements, which includes site grading and drainage, water service, internal streets, an urban lake, ramadas, ball fields, entry monumentation, landscaping, irrigation and site lighting. The improvements addressed under this amendment are consistent with the Glendale Parks and Recreation Master Plan and the West Area Regional Park Master Plan. The citywide Parks and Recreation Master Plan adopted in 2001 identified the need for a regional recreational facility in the city's western area. The Council approved construction for Phase I of the park in November of 2003. Improvements included under Phase I were play equipment, water playground, restroom, ramadas, landscaping, irrigation, parking, security, basketball court, and game lighting on seven acres of the 88-acre site. This amendment will provide for the design and construction administration for the remaining 81 acres. The City Council approved the original professional services agreement for this project on March 7, 2001 for the development of an overall master plan and topographical survey of the site. Contract Amendment Number One was approved on July 22, 2003 for design and development of contract documents for Phase I of the park. Contract Amendment Number Two was approved on April 13, 2004, addressing construction administration for Phase I and additional design services for off-site improvements at 83rd Avenue, a skate court area, and a concession building. This project will provide for the final development of this major multi-faceted facility servicing a rapidly growing community. All elements of this project are in compliance with the adopted master plan for this site. Development of the master plan included numerous public meetings conducted to gather input from the community and follow-up meetings will be held to review the resulting designs. Funds for this project are available in Western Area Regional Park, Account No. 36-8948-8330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $1,474,680 Account Name, Fund, Account and Line Item Number: Western Area Regional Park, Account No. 36-8948-8330 The recommendation was to approve Amendment Number Three to the professional services agreement with Olsson Associates in the amount of$1,474,680. 7 It was moved by Clark, and seconded by Lieberman, to approve Amendment Number Three to the professional services agreement with Olsson Associates in the amount of$1,474,680. The motion carried unanimously. 4. COOPERATIVE PURCHASE OF HEAVY RESCUE VEHICLE Mr. Mark Burdick, Fire Chief, presented this item. This is a request for the City Council to approve the cooperative purchase of a heavy rescue vehicle through the City of Phoenix contract with American LaFrance, Inc. (#04-220), which allows other municipalities to exercise the option to purchase from this contract. This vehicle is being purchased with funding from the Urban Area Strategic Initiative (UASI) grant program. This item supports the Council strategic priority of ensuring public safety. Public Safety staff from Glendale, Phoenix, Mesa, Chandler, Tempe, Tucson and Flagstaff, are partnering under the UASI grant program to develop uniform teams of tactical and heavy rescue response units that can be deployed to disasters anywhere in Arizona. The heavy rescue vehicles are being purchased through a contract between the City of Phoenix and manufacturer American LaFrance. Phoenix has granted permission to the City of Glendale to purchase one unit from their contract. The City Council approved the development of the heavy rescue program through the Urban Area Strategic Initiative, funded by the Department of Homeland Security Office of Domestic Preparedness grant for 2003, at the Workshop held on July 20, 2004. The Fire Department was awarded a total of $1 million to develop this program. $850,000 will be used to purchase the heavy rescue vehicle and the equipment it will carry, and $150,000 will cover the cost of training, live exercises, and plan implementation. Purchasing the heavy rescue vehicle through Phoenix's contract with this vendor will result in a substantial savings for Glendale. Purchasing a heavy rescue vehicle will provide the community with immediate access to specialized equipment for high angle and water rescues, and significant fires. The total cost of this vehicle is $490,189, which includes the unit price of $464,194, plus use-tax of $25,995. Ongoing costs for this program will be phased in over a two-year period, beginning in Fiscal Year 2005-06. Supplemental requests of approximately $320,939 will be requested in the upcoming budget process, which will include salary and benefits for the three-safety responder Captains for this program, operating and maintenance costs for the safety responder, and the one-time cost for a training academy. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total 8 X $490,189 Account Name, Fund, Account and Line Item Number: 2003 Urban Area Strategic Initiative — Fire: 47-7718-8400 The recommendation was to approve the purchase of a heavy rescue vehicle through the City of Phoenix's contract with American LaFrance, Inc. Councilmember Frate asked Chief Burdick to explain what the heavy rescue vehicle will do and why it is being purchased through the City of Phoenix's contract with American LaFrance. Chief Burdick explained the vehicle would carry specialized equipment and specially trained personnel to respond to man-made or natural disasters that may be encountered within the community. He said the city is able to achieve a substantial savings by purchasing the vehicle through Phoenix's contract. Councilmember Frate asked if the vehicle would be used in instances where a building collapses. Chief Burdick responded yes, stating it would also be used in situations where buildings suffer structural damage due to explosive devices or when a trench collapses. Councilmember Lieberman noted the vehicle would be housed at the new fire station on Bell Road at 63rd Avenue. It was moved by Lieberman, and seconded by Goulet, to approve the purchase of a heavy rescue vehicle through the City of Phoenix's contract with American LaFrance, Inc. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 5. REZONING APPLICATION ZON04-12: 6542 WEST BELL ROAD, SPEED INDOOR RACING Mr. Jon Froke, Planning Director, presented this item. This is a request by Mr. Mike Taylor for the City Council to approve a rezoning from C-2 (General Commercial) to C-2 SUD (General Commercial — Special Use District) to permit an indoor motorized kart racing track and recreational facility. The proposed rezoning is consistent with the General Plan's redevelopment policies and objectives to recycle and re-use old commercial properties for new commercial functions. The 3.08-acre site is located north of Bell Road, approximately 555 feet east of 67th Avenue. The applicant intends to renovate the existing 58,305 square foot building, which previously operated as a retail furniture store. The proposed use will be an indoor motorized kart racing track and recreational facility. On August 5, 2004, the 9 Planning Commission recommended approval of the rezoning application, subject to 11 stipulations. The project promotes the re-use of a vacant commercial building and will upgrade the exterior of the building and property. Approval of this request will provide private indoor recreational opportunities for the residents of Glendale. On May 28, 2004, the applicant sent 75 invitations to adjoining property owners and interested parties inviting them to a neighborhood meeting held on June 21, 2004. No property owners or residents attended the meeting. On July 15, 2004, a public notice was published in the Glendale Star. The property was posted on March 23, 2004 and July 16, 2004 and letters were mailed to 75 property owners and interested parties. On August 5, 2004, the Planning Commission conducted a public hearing with 9 citizens speaking. The recommendation was to conduct a public hearing and approve Rezoning Application ZON04-12, subject to the 11 stipulations as recommended by the Planning Commission. Councilmember Frate asked Mr. Froke to explain why the city chose to use a Special Use District when Mr. Taylor first approached the city about his proposed venture. Mr. Froke explained the Special Use District Overlay has been an option in the city's zoning ordinance since 1993 and is intended to allow the Planning Commission and City Council to evaluate special land uses. He stated the city's Zoning Administrator felt a Special Use District would allow the city to work closely with the applicant, the Planning Commission and the neighborhoods to ensure the proposal is appropriate. He pointed out that, unlike other C-2 properties in the city, the overlay allows the city to determine whether or not a site is appropriate for a particular use. Councilmember Clark asked if the Special Use District runs with the property or the owner. Mr. Froke stated the designation would run with the property, regardless of ownership. Councilmember Clark asked if the city is allowing a Special Use District exclusively for an indoor recreational facility. Mr. Froke responded yes, stating the proposal is specifically for indoor racing and all of the conditions and operational characteristics apply strictly to the property under the subject application. He explained only another very similar operation could take advantage of the Special Use District designation. Councilmember Clark asked if an indoor paint ball operation would be allowed under the existing Special Use District. Mr. Froke answered no, stating the application makes no mention of a paint ball operation. He noted that in order to have such a use the application would have to be amended and would be subject to approval for that specific use. Councilmember Clark asked if an arcade use would be allowable. He said 10 staff would have to make an individual determination if another arcade type use was proposed for the property. Councilmember Clark asked if a catering operation would be allowed since catering was part of the original Special Use District. Mr. Froke responded yes. He pointed out the track occupies 80 percent of the building area. Councilmember Frate asked if the Planning Director has discretion with regard to the type of special use allowed in a Special Use District. Mr. Froke answered yes, Mr. William Mulder, applicant Speed Indoor Racing, stated motor sports are the fastest growing spectator sport in the world. He explained Speed Indoor Racing takes the spectators out of the stands and put them behind the wheel of a high performance race cart. He said Speed Indoor Racing was formed 12 years ago and currently operates 15 facilities around the country. He said their operation incorporates the latest technology, including a computerized timing system and a computerized maintenance program for the carts. He stated their race officials are trained to perform their duties, with safety being their first priority. He noted their cart vendor; BizCarts has been designing carts specifically for the indoor racing industry for 18 years. He explained the carts have a low center of gravity and run catalytic converters that remove approximately 98 percent of the CO. He stated the motors on the carts are Honda engines originally designed as generator motors. Mr. Mulder explained corporate users are their target market, with team building experiences and meeting spaces offered. He said facilities in other states have also hosted charity events. Councilmember Goulet referenced a document provided by the applicant, titled "A True Community Partner", asking Mr. Mulder to comment on the document's claim of a $4 million tax base. Mr. Mulder explained the gross revenue generated by the business is projected to be between $3.6 and $4 million. Councilmember Goulet asked how the layout of the facility would accommodate banquet facilities. Mr. Mulder stated there are two rooms that open into one larger room for presentations. Councilmember Goulet asked in what aspect the fire and police departments are involved. Mr. Mulder said they anticipate events where off-duty fire and police officers race against each other for charity. Councilmember Lieberman asked if the carts are two-stroke or four-stroke. Mr. Mulder said the carts are four-stroke with 200 ccs and 6.5 horsepower. Councilmember Frate stated the adjacent neighborhood has expressed concern about noise and fumes and wanted to know if alcohol will be sold. With regard to concerns about noise, Mr. Mulder explained the three large overhead doors would be replaced with insulated doors. He pointed out the engines are quieter than a typical lawnmower. He assured the Council that noise inside the building would not be heard outside the building. He stated the carts are equipped with catalytic converters, which cut out almost 98% of the CO, and a full ventilation system is in place. He stated their company takes a strong position against drinking and driving, therefore alcohol will not be sold at the facility and those thought to have been drinking will not be sold a ticket to race. Councilmember Frate asked if they have to meet county standards with regard to 11 air quality. Mr. Mulder said, in some markets, the Health Department has used the cubic square footage of the building to determine the type of ventilation required. He said other states rate their facility the same as an indoor parking garage. Councilmember Frate said the community to the north is concerned about traffic in the back driveway, noting they have had problems with cars racing along the driveway for the past two years. Mr. Mulder explained people driving on Bell Road are cutting through the parking lot and going down the alley to reach 67th Avenue. He said the building has been empty, making it easy for cars to travel at a high rate of speed through the parking lot. He stated, once his business is established, a gate will be located at the back of the property to prevent cars from accessing the alley. Councilmember Frate noted he spoke with the Fire Marshall who is willing to work with the applicant on the gate. He thanked Mr. Mulder for his willingness to address the problem of cars racing down the back alley. Councilmember Martinez asked what percentage of the clientele is expected to be between 16 and 20 years of age. Mr. Mulder responded approximately eight percent. He said the majority of their customers would be between 25 and 45 years of age. Councilmember Martinez asked about the cost of using the facility. Mr. Mulder said a 10-minute session would cost $20. Councilmember Martinez asked Mr. Mulder if, in his experience, there have been accidents and, if so, if any serious injuries have resulted. Mr. Mulder said indoor speed racing businesses had problems when they first opened in Europe, but he has learned from their mistakes. He reported no serious accidents or lawsuits occurring at any of the 14 tracks he has opened in the states. Councilmember Clark asked how fast the carts could travel. Mr. Mulder said, depending on the final layout of the track, the carts will top out at about 35 miles per hour. He noted race suits and helmets are mandatory and provided with the cost of admission. He said each patron also receives a three to four minute safety briefing before being allowed on the track. Councilmember Clark expressed her opinion the facility will provide the city with a great recreational opportunity. Vice-Mayor Eggleston opened the public hearing on Agenda Item No. 5. Vice-Mayor Eggleston called C. Stern and A. Maroney's names from the public hearing card, which indicated opposition, and there was no response. As there were no comments, Vice-Mayor Eggleston closed the public hearing. It was moved by Clark, and seconded by Goulet, to approve Rezoning Application ZON04-12, subject to the 11 stipulations as recommended by the Planning Commission. The motion carried unanimously. Councilmember Frate noted he and Councilmember Martinez visited similar facilities in Phoenix and found them to be very impressive. He said noise was not audible outside the buildings and, in fact, most of the off-track activity takes place at the front of the building. 12 6. GENERAL PLAN AMENDMENT GPA04-05 AND REZONING APPLICATION ZON04-14: 7373 WEST GRANDVIEW ROAD Mr. Ron Short, Long Range Planning Manager, presented this item. This is a request by the Planning Commission for the City Council to approve two applications for the property, located at 7373 West Grandview Road, that was recently annexed into the City of Glendale from the City of Peoria: (1) an amendment to allow for a change from Peoria's designation of Residential Low Density 2-5 dwellings units per acre to Glendale's designation of MDR 3.5-5 (Medium Density Residential, 3.5 — 5 dwelling units per acre); and (2) a request to rezone Peoria's designation of AG (Agriculture) to Glendale's designation of A-1 (Agriculture) as a result of annexation of the 20.81 acre site. Glendale's General Plan includes specific goals in the Housing Element to: (1) provide the citizens of Glendale choice from a wide variety of housing types; (2) promote quality, affordable housing for every citizen of the city; and (3) create and maintain safe, well-ordered neighborhoods. The 20.81 acre site was recently deannexed from the City of Peoria and annexed into the City if Glendale. The property owner of the parcel requested this deannexation/annexation process. Upon completion of an annexation, Arizona Revised Statutes requires that the most comparable general plan and zoning designations be applied to the newly annexed area. The purpose of this application is to complete the conversion from Peoria's designations to Glendale's designations for both general plan and zoning. The property owner's impetus for requesting the deannexation/annexation of the site was to enable the site to be served by utilities. Service to this site would have been difficult from the City of Peoria due to the parcel's location and the requirement for a sewer lift station. Glendale can serve this parcel since development abuts the property on 73rd Avenue along the eastern property line. The general plan category requested in this conversion application is MDR 3.5-5. This category is the most appropriate category for the subject property and will complement the existing MDR 3.5-5 subdivision immediately to the east of the site. There are no specific development plans for this site as of the date of this report. The zoning district requested in this conversion application is A-1. This district is similar to the Peoria "AG" district and is the most appropriate district for this site. In the future, if a different general plan category or zoning district is desired for this parcel, the property owner will have to file the appropriate application and complete the review and public hearing process. 13 On September 2, 2004, the Planning Commission conducted a public hearing on these requests and recommended, by unanimous vote, approval of Application Nos. GPA04-05 and ZON04-14. Approval of these requests will provide an opportunity for additional residential development in a portion of the city that has very few vacant parcels available. Future development of this site will increase and continue to diversify the housing stock of the city. On July 16, 2004, 61 notification letters were sent to adjacent property owners and interested parties. There was one phone call response to these applications. The process was explained for the conversion process, as well as future development, to the caller. On July 29, 2004, a public notice for the Planning Commission hearing on this application was published in the Glendale Star. On July 30, 2004, the property was posted and notification letters were mailed out. At the public hearing, no one spoke on this request. On September 2, 2004, a public notice for the City Council hearing was published in the Glendale Star. On September 3, 2004, the property was posted and notification letters were mailed out. The recommendation was to conduct a public hearing and approve General Plan Amendment Application GPA04-05 and Rezoning Application ZON04-14. Vice Mayor Eggleston opened the public hearing on Agenda Item No. 6. As there were no comments, Vice Mayor Eggleston closed the public hearing. It was moved by Lieberman, and seconded by Frate, to approve General Plan Amendment Application GPA04-05 and Rezoning Application ZON04-14. The motion carried unanimously. 7. GENERAL PLAN AMENDMENT GPA04-06 AND REZONING APPLICATION ZON04-15: 7950 WEST ROSE GARDEN LANE Mr. Ron Short, Long Range Planning Manager, presented this item. This is a request by the Planning Commission for the City Council to approve two applications for the property located at 7950 West Rose Garden Lane that was recently annexed into the City of Glendale from the City of Peoria: (1) an amendment to allow for a change from Peoria's designation of Residential Low 2-5 dwelling units per acre to Glendale's designation of LDR 1-2.5 (Low Density Residential, 1-2.5 dwelling units per acre); and (2) a request to rezone from Peoria's designation of AG (Agriculture) to Glendale's designation of A-1 (Agriculture) as a result of annexation of this 5.8 acre site. 14 Glendale's General Plan includes a specific goal in the Open Space Element to retain a spacious feeling, and an objective to participate in the West Valley Recreation Corridor planning and development efforts. These actions support the implementation of various General Plan goals by providing land for open space and multi-modal trail development. The 5.8 acre site was recently deannexed from the City of Peoria and annexed into the City of Glendale. The property owner requested this deannexation/annexation process. Upon completion of an annexation, Arizona Revised Statutes requires that the most comparable general plan and zoning designations be applied to the newly annexed area. The purpose of this application is to complete the conversion from Peoria's designations to Glendale's designations for both General Plan and zoning. The property owner's impetus for requesting the deannexation/annexation of the site was to have all of the Community Church of Joy (CCOJ) property in one jurisdiction. The General Plan category requested in this conversion application is LDR 1-2.5. This category is the most appropriate category for the subject property and will be consistent with the existing General Plan category for the remainder of the CCOJ site. The zoning district requested in this conversion application is A-1. This district is similar to the Peoria "AG" district and is the most appropriate district for this site. The 5.8 acre parcel is, for the most part, undevelopable since it is located in, and includes, the embankment of New River. This site is included in the West Valley Recreation Corridor Plan and will be improved with a multi-modal trail system and bank stabilization whenever development may occur on the northern portion of the CCOJ property. The Planning Commission conducted a public hearing on these requests on September 2, 2004 and recommended, by unanimous vote, approval of the General Plan Amendment and Rezoning application. Approval of these applications will provide an opportunity for additional open space to be provided along the New River corridor. Thirty-three notification letters were sent to adjacent property owners and interested parties on July 16, 2004. There was one phone call response to these applications. The process was explained for the conversion process as well as future development to the caller. 15 On July 30, 2004, a public notice for the Planning Commission hearing on these applications was published in the Glendale Star. On July 30, 2004, the property was posted and notification letters were mailed out. At the public hearing one person spoke to this request with questions of access to other adjoining parcels. On September 2, 2004, a public notice for the City Council hearing was published in the Glendale Star. On September 3, 2004, the property was posted and notification letters were mailed out. The recommendation was to conduct a public hearing and approve General Plan Amendment GPA04-06 and Rezoning Application ZON04-15. Councilmember Clark noted both this General Plan Amendment and the prior one had City of Peoria zoning designations of 2.5 to 5. She asked why the previous amendment was given a 3.5 to 5 medium density designation when the subject amendment calls for a 1 to 2.5 low-density designation. Mr. Short explained the amendment designations reflect what is in the City's General Plan. Vice-Mayor Eggleston opened the public hearing on Agenda Item No. 7. As there were no comments, Vice-Mayor Eggleston closed the public hearing. It was moved by Martinez, and seconded by Lieberman, to approve General Plan Amendment GPA04-06 and Rezoning Application ZON04-15. The motion carried unanimously. ORDINANCES 8. AIRPORT TERMINAL LEASE WITH GCA INTERNATIONAL, INC., DBA GOLD COAST AVIATION Mr. Mark Ripley, Airport Manager, presented this item. This is a request for the City Council to approve a lease with GCA International, Inc., dba Gold Coast Aviation, for Suites 202A and 202B in the Glendale Municipal Airport terminal building. One of Council's strategic priorities is to promote economic development. Gold Coast Aviation is relocating its office from Litchfield Park, providing additional economic activity at the Glendale Airport. Gold Coast's operation will include two managers and several office staff. Gold Coast Aviation provides a wide variety of aviation support services. They specialize in international logistical support, ranging from supplying spare parts and aircraft maintenance to providing technical expertise, staffing, management, and training. Gold Coast Aviation recently obtained a Federal Aviation Regulation Part 135 certificate so that they can conduct helicopter charters. Gold Coast Aviation has been 16 initially operating out of Suite 205, but they require the two additional offices (202A is 233 sq. ft. and 202B is 298 sq. ft.) so that they can completely relocate their corporate office from Litchfield Park. Gold Coast Aviation has satellite sites in nine locations, along with the corporate office that will be located at the Glendale Airport. Gold Coast Aviation complies with the 1998 Airport Master Plan and the 1994 Federal Aviation Regulation Part 150 Noise Compatibility Study. The term of the office lease will be for one year, commencing on October 1, 2004, with four one-year renewal options. The tenant must provide written notice to the airport manager 90 days prior to the expiration of current term to renew. The annual rent for Suite 202A will be $3,615 for the first year. The annual rent for Suite 202B will be $4,615 for the first year. Each year and prior to its renewal, there will be a Consumer Price Index adjustment to the lease for both suites. At its public meeting held on May 12, 2004, the Aviation Advisory Commission reviewed and voted to support the request by Gold Coast Aviation to lease office space in the Airport terminal building. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the lease of Suites 202A and 202B to GCA International, Inc., dba Gold Coast Aviation at the Glendale Municipal Airport. Mr. Ripley noted that authorities at Luke Air Force had approved the charter helicopter usage. Councilmember Martinez referred to Page 2, Item D, of the lease asking Mr. Ripley to explain which utilities will be provided by the city and which the applicant will provide. Mr. Ripley said the terminal building's rent charges include expenses related to water, air conditioning and other utilities. He stated the applicant would be responsible for their own phone service. Councilmember Martinez commented the rent appears to be very reasonable given that utilities are included. Mr. Ripley said the rate equates to $15.50 per square foot, which is comparable to other B Class commercial office buildings. Ordinance No. 2405 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 AN AIRPORT TERMINAL LEASE AGREEMENT WITH GCA INTERNATIONAL, INC., DBA GOLD COAST AVIATION, AN ALABAMA CORPORATION, FOR CERTAIN OFFICE SPACE IN THE TERMINAL BUILDING AT THE GLENDALE MUNICIPAL AIRPORT. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2405 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, and Frate. Members voting "nay": none. 17 9. AIRPORT TERMINAL LEASE WITH SILVER STATE HELICOPTERS, LLC Mr. Mark Ripley, Airport Manager, presented this item. This is a request for the City Council to approve a lease with Silver State Helicopters, LLC for Suite 107A in the Glendale Municipal Airport terminal building. One of the Council's strategic priorities is to create transportation options. Silver State Helicopters, LLC is not only a helicopter flight school, but the company is an active and aggressive helicopter charter operation. Silver State intends to market its services to the Coyotes, the Cardinals, the Fiesta Bowl, and the Super Bowl, offering helicopter transportation to the arena and stadium from all points of the Valley. Silver State Helicopters, LLC is a diverse helicopter operator with operations in Las Vegas, Salt Lake City, and Williams Gateway Airport. Over the past three years, Silver State has been aggressively expanding throughout Arizona, and they have selected the Glendale Municipal Airport as their preferred location to serve the West Valley. Silver State will operate initially out of Suite 107A, but they anticipate constructing a large facility either on, or adjacent to the Glendale Airport. Silver State recently completed flight training ground school for 48 students who all reside in the West Valley. Silver State will initially operate three helicopters, with plans to ultimately have five helicopters based at the Glendale Airport. The proposed use complies with the 1998 Airport Master Plan and the 1994 Federal Aviation Regulation Part 150 Noise Compatibility Study. The term of the office lease will be for one year, commencing on October 1, 2004, with four one-year renewal options. The tenant must provide written notice to the airport manager 90 days prior to the expiration of the current term to renew. The annual rent for Suite 107A will be $6,696 for the first year. Each year and prior to its renewal, there will be a Consumer Price Index adjustment to the lease rate. Helicopter flight training has not been available in the West Valley for over 10 years. There appears to be a demand for this service that was not being met. This is supported by the fact that Silver State had 48 flight students for their initial ground school. At a public meeting held on May 12th, 2004, the Aviation Advisory Commission reviewed and voted unanimously to support the leasing of terminal space to Silver State Helicopters, LLC. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the lease of Suite 107A to Silver State Helicopters, LLC at the Glendale Municipal Airport. 18 Mr. Ripley noted the authorities at Luke Air Force Base had approved Silver State Helicopters flights from the airport. Councilmember Clark stated Silver State Helicopters would offer both charter services and training at the airport. She asked if students enrolled in their training courses would actually fly the helicopters. Mr. Ripley responded yes. Councilmember Clark asked where students would fly during their lessons. Mr. Ripley said they initially fly the pattern at the airport, which is 600 feet above the ground in a half-mile box surrounding the runway. He said, however, students will eventually be allowed to fly away from the airport. Councilmember Clark noted she lives one mile east of the stadium and arena and she often has helicopters flying low over her house. She asked if she should be concerned that her constituents will be bothered by low-flying student flyers. Mr. Ripley explained all helicopters are directed to depart to the east because of the airport's proximity to Luke Air Force Base. He pointed out Air Evac, the Maricopa County Sheriff's Office and Channel 15 all have helicopters at the airport. He said, however, the pattern does not get within two miles of Councilmember Clark's neighborhood. Councilmember Clark asked how high helicopters are supposed to be when flying around. Mr. Ripley stated federal air regulations require helicopters to be a minimum of 1,000 feet above a residential area. Ordinance No. 2406 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 AN AIRPORT TERMINAL LEASE AGREEMENT WITH SILVER STATE HELICOPTERS, LLC FOR CERTAIN OFFICE SPACE IN THE TERMINAL BUILDING AT THE GLENDALE MUNICIPAL AIRPORT. It was moved by Clark, and seconded by Martinez, to approve Ordinance No. 2406 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, and Frate. Members voting "nay": none. 10. ADVANCED REAL ESTATE RESOURCES INC. ASSIGNMENT OF LEASE AGREEMENT Mr. Mark Ripley, Airport Manager, presented this item. This is a request for the City Council to approve the assignment of lease No. C- 4946, between Advanced Real Estate Resources, Inc. and the City of Glendale to Glendale Airpark Hangars, Building 1 Association, Inc. Council approved a land lease with Advanced Real Estate Resources on October 14, 2003, for the development of large executive hangars. The hangars are nearly completed and Advanced Real Estate has requested to assign its lease to Glendale Airpark Hangars Building 1 Association, Inc., an association created to 19 manage and operate the hangars. The City Attorney's office has reviewed the assignment of lease agreement to confirm that the interest of the city is protected, while allowing the hangar association to exist. Items incorporated in the agreement include the airport rules and regulations, minimum operating standards, and the ability to conduct hangar inspections. Council approved similar assignment agreements on June 26, 2001, October 30, 2001, and May 28, 2002. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the ratification of the assignment of lease C-4946 to Glendale Airpark Hangars Building 1 Association, Inc. Ordinance No. 2407 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 ASSIGNMENT OF LEASE AGREEMENT FROM ADVANCED REAL ESTATE RESOURCES, INC. TO GLENDALE AIRPARK HANGARS, BUILDING 1 ASSOCIATION, INC. FOR THE CONSTRUCTION OF AIRCRAFT HANGARS AT THE GLENDALE MUNICIPAL AIRPORT It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2407 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, and Frate. Members voting "nay": none. RESOLUTION 11. NFL CARDINALS STADIUM AND ARIZONA SPORTS AND TOURISM AUTHORITY AGREEMENT Mr. Craig Tindall, Acting City Attorney, presented this item. This is a request for the City Council to adopt a resolution approving a Memorandum of Agreement with the Arizona Cardinals and the Arizona Sports and Tourism Authority (AZSTA) for a multi-use stadium and related improvements. This agreement furthers the goal of delivering the best possible sports facility and public infrastructure to the community, the residents of Glendale, and the National Football League (NFL) fans. The city and AZSTA entered into a development agreement in April of 2002 and September of 2002. Each agreement was amended in July of 2003. The Council approved a resolution on July 13, 2004, agreeing to the alternative funding approach proposed by the AZSTA and B and B Holdings and authorizing the staff to enter into negotiations on behalf of the city with further direction to the City Manager to bring a draft agreement to the City Council for discussion, consultation, and possible approval. 20 The city and AZSTA entered into a development agreement in April of 2002 and September of 2002. Each agreement was amended in July of 2003. At the July 1, 2003 Council Workshop, staff provided an overview of the Community Facilities District (CFD) process. On July 22, 2003, the Council adopted Resolution No. 3699 to form a CFD. On April 27, 2004, the Council met as the CFD Board of Directors. On July 13, 2004, the Council adopted a resolution to conceptually approve an alternate AZSTA funding approach. Staff provided two alternatives to the Council at the September 7, 2004 Workshop. The direction from that Workshop was for staff to continue negotiations with the Cardinals/AZSTA on their alternative funding approach, include the advantages presented on September 7, 2004, and provide a revised agreement at a future Workshop. Staff provided Council with the draft agreement and discussed recent changes at the September 21, 2004 Workshop. At the direction of the Council, city staff continued to negotiate the remaining issues with the Cardinals/AZSTA and, as a result, have provided the final Memorandum of Agreement to the Council. The economic benefits to the City include the following: • Increased sales tax revenue from future development; • Creation and retention of jobs in Glendale; • A quality commercial development and state-of-the-art sports facility to the community; • Needed infrastructure improvements; • Provision of a minimum of 4,000 — 5,000 overflow parking spaces for game days; and • Eliminate the need for the city to issue CFD bonds or use other financing mechanisms that may have impact to the city's bonding capacity. Capital Improvement Plan (CIP) budget authorization will be used to fund the city's share of activity. The recommendation was to waive reading beyond the title and adopt a resolution approving the Memorandum of Agreement with the Arizona Cardinals and the AZSTA. Councilmember Lieberman suggested they table the item until Mayor Scruggs can be present. Councilmember Frate expressed his opinion time is of the essence. Councilmember Lieberman disagreed; pointing out most of the components of the agreement will not be built within the next year. Mr. Tindall explained the agreement requires the issuance of bonds by the AZSTA whose board meeting is scheduled for October. He said time is very much of the essence for other parties involved in the agreement. He pointed out this is the only meeting the Council will have before the AZSTA's Board meeting. Councilmember Lieberman referred to Section 21 1.5(d) of the agreement, City Pledged Stadium Taxes in Consideration of Other Promises and Covenants, stating he does not see that the city gets anything for its endeavors for 30 years. He stated he would like to study the Memorandum of Agreement in further detail because he is not satisfied with all sections. He stated the word "be" at the end of the second sentence under Section 1.7, 93rd Avenue Alignment, is superfluous. He said the agreement also fails to spell out the actual physical boundaries of what the stadium considers to be their property or their rights for collecting the city's sales tax. He asked if the boundaries of what the Cardinals can claim as tax-free extend 20 feet from the stadium or 120 feet from the stadium. Councilmember Martinez asked if Councilmember Lieberman's suggestion to table the item should be made in the form of a motion. It was moved by Lieberman, and seconded by Clark, to Table Resolution No. 3798 New Series. The motion failed by a vote of 1 to 5 with Councilmember Lieberman voting aye. Councilmembers voting nay: Clark, Eggleston, Frate, Goulet, and Martinez. Mr. Tindall said Paragraph 3 of the agreement talks about the facility property, referred to as the "facility site", explaining the facility site itself is defined within the original development agreement between the City of Glendale and the AZSTA and is specifically set forth in the property deed. He noted the boundaries created for the Community Facilities District would also be applicable to the subject agreement in terms of the city pledged sales taxes. Councilmember Martinez said the Council has held two workshops in the last month on this item. He stated the questions asked by Council during those workshops have been answered and he believes Council should proceed with a vote on the matter. Councilmember Clark said, while she supports the agreement, she wants it noted that changes were made to the agreement each time it came before the Council for review. She stated the agreement has been a work in progress and, as such, the terms kept changing. She said, in the future, she will not vote to proceed until Council is given sufficient time to review all of the changes. She expressed disappointment in the amount of time it took to receive a clean and final document, stating she believes the blame rests with the AZSTA and Cardinals since they were the ones who kept making changes. Councilmember Frate thanked Mr. Tindall for taking Council's suggestion to highlight changes made to the contract. He commented the proposed agreement is unique, not just to Glendale, but to most cities. Councilmember Lieberman noted language was added requiring the city to cause a meeting of the Community Facilities District to be called within 30 days following execution of the agreement, but not later than the sale of the completion bonds, for the purpose of approving a resolution calling for the dissolution of the district. 22 Councilmember Clark asked for a general description of what comprises the stadium site. Mr. Tindall said the stadium site includes the stadium footprint and the parking lot, exclusive of any commercial development that occurs within that area. He did not have the exact boundaries, but assured the Council the boundaries are well documented. Vice Mayor Eggleston opened the public hearing on Agenda Item No. 11. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated, while he initially marked that he was in favor of this item; he has since changed his mind. He said they are dealing with corporate lawyers who are masters at making sure their rights are protected. He stated he couldn't in good conscience encourage the city to take a chance given the gravity of the decision. He said "time is of the essence" reasoning has been used previously to push items forward that should have been given more thought and now is not the time to stumble into the darkness with the hope that all will turn out right. He said the document is not clean and final and warned Council that the devil is in the details. Vice Mayor Eggleston closed the public hearing. Resolution No. 3798 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 EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT WITH TOURISM AND SPORTS AUTHORITY (dba ARIZONA SPORTS AND TOURISM AUTHORITY) AND B&B HOLDINGS, INC. (dba ARIZONA CARDINALS) SETTING FORTH THE PARTIES RESPECTIVE RIGHTS AND OBLIGATIONS REGARDING IMPROVEMENTS AT THE MULTI-PURPOSE FACILITY; AND DIRECTING THAT THE MEMORANDUM OF AGREEMENT BE RECORDED. It was moved by Frate, and seconded by Goulet, to pass, adopt and approve Resolution No. 3798 New Series. The motion carried by a vote of 5 to 1 with Councilmembers Clark, Eggleston, Frate, Goulet and Martinez voting aye. Councilmembers voting nay: Lieberman. MOTION TO EXCUSE MAYOR SCRUGGS. It was moved by Martinez, and seconded by Frate, to excuse Mayor Scruggs from tonight's Council meeting. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, 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, 23 October 5, 2004, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he is with a group of Glendale citizens who are asking the Council to preserve the old First Southern Baptist Church. He stated, in the past, he has respected the city for its efforts to preserve local landmarks but while he understands the need to maintain pace with the rest of the world, tearing down an 80 year old church for 20 parking spaces seems barbaric. He suggested leaders of the community organize to save the church. He urged the city's lobbyists to stop playing second fiddle to the east valley, stating citizens in the west valley need to be heard. He said residents of the west valley should not be paying indirectly for Phoenix to refurbish their Civic Center. He asked the Council to hold true to its word not to widen 59th Avenue. He expressed concern about free enterprise in Glendale, stating a small business owner was cited for having a sign on the sidewalk. Mr. Ed Sharpe, a resident of the City of Glendale Ocotillo District, explained he is the Director and Lead Archivist of the Southwest Museum of Engineering, Communications and Computation. He said the Southwest Museum is proud to collaborate on the rural electrification display, which highlights the 2004/2005 season at historic Sahuaro Ranch. He said they provided information, pictures, signs and examples of appliances from the pre-electric and electrified era. He said the exhibit illustrated the profound effects electricity had on life and development in Glendale. He also addressed the Council concerning the museum's ongoing effort to obtain the old Calvary Baptist Church as the future home of the museum. He said they are in great need of expanded facilities and the old church building would offer them the ability to create larger display areas and serve the public with expanded programming. He stated they are willing to purchase the building for cash at its appraised price and spend the funds necessary to bring the building up to or exceeding city code. He said the museum would be a focal point for Glendale, drawing patrons from other cities and states. He said it would also provide a place for men visiting Catlin Court to wander while their wives shop for antiques and decor items. He stated the museum is needed and will benefit the community. Ms. Judy Snyder, a resident of the City of Glendale Yucca District, said she is disappointed in the members of City Council who seemingly are not interested in saving or selling the church building. She stated the thought of the 1926 building being destroyed is beyond comprehension, as a piece of Glendale's colorful history will be lost and forgotten. She said preserving the city's historic buildings and sites are critical to preserving knowledge for our children and grandchildren. She stated there is strong public support for saving the building and the city has been given a wonderful business opportunity. She asked how tearing down one of the city's few major points of interest will benefit the city, stating turning the building into a museum will better serve the 24 citizens of Glendale and their children. She expressed concern that the arena and stadium developments are overshadowing the city's rich history. Ms. Marjorie Kuban, a resident of the City of Glendale Ocotillo District, said she feels it is very important that the old Calvary Baptist Church be preserved. She stated the church is an important part of Glendale's history and should be restored. Ms. Robin Berryhill, a resident of the City of Glendale, said she supports saving the First Southern Baptist Church in the historic Catlin Court. She explained that, while the National Register of Historic Places rejected the church because of extensive remodeling, the property is no less historic to the citizens of Glendale who have worshiped, married, and voted there. She stated citizens who move away find it comforting to see the church still stands when they return. She said October is museum month and, as such, she believes it would be fitting to dedicate the church to preserving and displaying Glendale's history. She said public art could be displayed on the walls and plays could be performed in the theater area of the church. She suggested a multi-level parking garage could be constructed at Glenn and 58th Drive. She said they could also partner with schools and existing businesses that close during events for use of their parking spaces and Glendale Community College could continue to be used as a Park and Ride lot. She referenced the city's Charter, Chapter II, Section 18, stating it reads, "Any citizens of the city may appear before Council at any regular meeting and present a request. The Council shall take action or direct that action be taken on such a request within 30 days." She said she is making a formal request, first that all pending demolition at the First Southern Baptist Property be stopped; second, that a citizen and Glendale city government committee be formed to carefully consider all options and all offers; and third, that the city develop a final solution for the parking problem. She asked to receive a written response to her request. Mr. David McPherson, a resident of the City of Glendale Barrel District, implored the Council to continue their deliberations over the destruction of a part of the city's heritage. He said in the adoption of the Historic Preservation Plan for the city, the Council stated it would do everything within its power to preserve old buildings of a historic nature. He noted the German Baptist Brethren Church founded Glendale as a temperance colony, stating this fact alone qualifies the building for designation as a historic property. He acknowledged the building has had numerous alterations; pointing out, however, the city had no problem spending millions to purchase and return the Sine Hardware building to its original appearance. He stated the City Council works for the citizens of Glendale who are asking that the church be preserved. He admitted to being emotional about saving the church, stating emotions are at the heart of historic preservation. He urged the Council members to save the church and show the citizens that they care about the city's heritage. Mr. Andrew Voss, read a written statement on behalf of Sandy Lopez, a resident of the City of Glendale Ocotillo District. Through the note, Ms. Lopez voiced her opinion the church has a lot of historic value and should be preserved and restored. She said 25 she believes the offer to turn the church into a museum offers a wonderful opportunity for future generations to enjoy and learn about historic Glendale. She asked the Council to reconsider its decision. Mr. Voss noted Ms. Lopez's historic house was the house of Martha Campbell who helped to preserve the history of the downtown area. COUNCIL COMMENTS AND SUGGESTIONS With regard to the financing agreement with the Cardinals and AZSTA, Councilmember Clark stated the Council relies heavily on information provided by staff and she does not believe staff would ever knowingly or deliberately do anything to hurt the city or the taxpayers in the city. She said the city's staff members are extremely committed to doing their best for the people of the city and no one on the Council is anxious to "give away the farm." On the issue of the church, Councilmember Clark said she initially agreed to destroy the church but has since changed her position. She stated she has been convinced that memories and emotion count and that a few parking spaces are not worth going to war over. She asked the Council to formally reconsider tearing down at least the old portion of the church. Councilmember Goulet thanked Chief Andrew Kirkland, the negotiators and the public safety personnel for the risks they took and the safety they maintained during the very perilous recent hostage situation. He announced Mr. Tim Ernster Deputy City Manager, is leaving the city to become the City Manager of Lake Havasu City. Councilmember Lieberman pointed out restoration of the Sine Hardware building cost $1.8 million and the installation of curb and gutter on 57th Drive between Glendale and Glenn cost $969,000. He also noted a brick centerpiece located in an alley one- half block south of Glendale Avenue between 57th to 58th Drives cost $169,000 and the water retention basin approved tonight cost over $400,000. He said the city's contingency fund currently has $54 million and he suggests using some of those funds to restore the church. He stated in a meeting last week with the City Manager he was told the decision to save the church is up to the City Council, pointing out two of the seven members have voiced their desire to save the church. He said, while he originally agreed to destroy the church, he quickly changed his mind after hearing from the citizens that the building should be preserved. He asked other members of the Council why they feel it necessary to destroy the church, suggesting they wait six months or a year to see what other options are available. He expressed his opinion the church would be an ideal location to display art or historic artifacts. He stated it is up to the citizens to convince the remaining members of the Council that the church should be preserved. He said he would be in favor of holding a public meeting on the matter if necessary. Councilmember Martinez agreed with Councilmember Clark's comments regarding the city staff, stating Council relies heavily on their counsel. He assured everyone that the Council members read the documents and asked questions, stating 26 he feels comfortable going forward with the agreement with the Cardinals and AZSTA. He also thanked the Police Department for their handling of the hostage situation at 67th Avenue and Glendale. He announced a neighborhood meeting would be held at the Foothills Library on Thursday. Councilmember Frate said a district meeting would be held on October 18 at Canyon Elementary School. He noted another meeting would be held in November. He agreed the Police Department did a wonderful job handling the hostage situation. He also thanked other agencies involved, including the Phoenix Police Department, Maricopa County Sheriff's Office, Department of Public Safety, Child Protective Services, and Glendale High School. He encouraged residents to come out to the Fire Parade this Saturday. He urged everyone to watch children around water. ADJOURNMENT There being no further business, the meeting was adjourned at 9:15 p.m. -------- Pamela H. na - City Clerk 27