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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/22/2005 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 22, 2005, 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, 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 three resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE FEBRUARY 8, 2005 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the February 8, 2005 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. Effective Date Expiration Date Citizens Transportation Oversight Commission Lenox, Al At-Large Re-appointment 02/22/2005 03/25/2007 (Cholla) Lenox, Al Vice Chair Re-appointment 02/22/2005 03/26/2006 (Cholla) Mendez, Victor Chair Re-appointment 02/22/2005 03/26/2006 (Mayoral, Barrel) 1 Nevarez, Michael Sahuaro Re-appointment 02/22/2005 03/25/2007 (Barrel) Commission on Persons With Disabilities Caufield, Jo Ann J. Vice Chair Appointment 02/22/2005 02/26/2006 (Cholla) Loya, Vickie Chair Re-appointment 02/22/2005 02/26/2006 (Mayoral, Cholla) Schanlaub, Clarence Yucca Re-appointment 02/22/2005 02/27/2007 Steiger, Robert E. Sahuaro Re-appointment 02/22/2005 02/27/2007 Ray, Ricki L. Cactus Appointment 02/22/2005 02/27/2008 Judicial Selection Advisory Board Dobblelaere, Art At-Large Re-appointment 02/22/2005 04/23/2007 Ewing, Karen At-Large Re-appointment 02/22/2005 04/23/2007 Samaniego, Martin At-Large Re-appointment 02/22/2005 04/23/2007 Library Advisory Board Crowell, Nelda Vice Chair Appointment 02/22/2005 04/13/2006 (Cactus) French, Eleanor Chair Appointment 02/22/2005 04/13/2006 (Ocotillo) Krogulski, TheodoreYucca Re-appointment 02/22/2005 04/13/2007 Parks & Recreation Advisory Commission Klima, Cynthia Vice Chair Appointment 02/22/2005 01/13/2006 "Sue" (Barrel) Gutierrez, Ruben Ocotillo Re-appointment 02/22/2005 04/09/2007 Hansen, Ted Chair Appointment 02/22/2005 02/26/2006 (Cholla) 2 Planning Commission Drew, Daniel Cactus Re-appointment 02/22/2005 03/25/2007 Schwartz, Richard Yucca Re-appointment 02/22/2005 03/25/2007 Stahl, Natalie M. Ocotillo Appointment 02/22/2005 03/25/2007 The recommendation was to make appointments to the Boards and Commissions and administer the Oaths of Office. It was moved by Martinez, and seconded by Frate, to appoint the appointees named above to the Citizens Transportation Oversight Commission, the Commission on Persons With Disabilities, the Judicial Selection Advisory Board, the Library Advisory Board, the Parks & Recreation Advisory Commission, and the Planning Commission, for the terms listed above. The motion carried unanimously. Mayor Scruggs issued the oath of office to the newly appointed Board and Commission members present. Ms. Vickie Loya, Chair of the Commission on Persons with Disabilities, encouraged citizens to become involved in their community. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Consent Agenda Item Numbers 1 through 4 and Ms. Pamela Hanna, City Clerk, read Consent Resolution Agenda Item Numbers 5 through 7 by number and title. Councilmember Lieberman asked that Item 6 be heard separately. 1. SPECIAL EVENT LIQUOR LICENSE FOR ST. JOSEPH ASSEMBLY This is a request by Donald Gorny for the City Council to approve a request for a special event liquor license for the St. Joseph Assembly. The event is an appreciation banquet to honor the Police and Fire Departments of Glendale and Luke AFB. The event will be located at 5510 West Cholla. The event will be held from 6:00 p.m. to 10:00 p.m. on Saturday, March 12, 2005. If this license is approved, the total days expended by this applicant will be one of the allowed ten 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. 3 The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 2. LIQUOR LICENSE NO. 3-974 KOKOPELLI MEXICAN GRILL This is a request by Jeffery Martin for the City Council to approve a new Series 12 (All liquor, Restaurant) license for Kokopelli Mexican Grill located at 5626 West Bell Road, Suite 103. 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, the Police Department, and the Maricopa County Health Department have reviewed the application and 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. 3. LIQUOR LICENSE NO. 3-976 ROSARIOS This is a request by Dragan Pecic for the City Council to approve a new Series 12 (All liquor, Restaurant) license for Rosarios located at 9250 North 43`d Avenue. 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, the Police Department, and the Maricopa County Health Department have reviewed the application and 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. 4. LIQUOR LICENSE NO. 3-977 STINGERS SPORTS BAR This is a request by Richard Kuhn for the City Council to approve a person transfer of a Series 6 (on and off-sale, all liquor) license for Stingers Sports Bar located at 10222 North 43`d Avenue, No. 15. 4 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, the Police Department, and the Maricopa County Health Department have reviewed the application and 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. CONSENT RESOLUTIONS 5. INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES RELATING TO CENTRAL ARIZONA WATER CONSERVATION DISTRICT V. UNITED STATES OF AMERICA, ET AL. This is a request for the City Council to approve the Ninth Intergovernmental Agreement and the Contract for Legal Services with the cities of Chandler, Goodyear, Mesa, Peoria, and Scottsdale relating to the joint representation in settlement efforts relating to Central Arizona Water Conservation District v. United States of America, et al. This lawsuit involves the much-published dispute between the U.S. Secretary of Interior and Arizona over the repayment obligations of the Central Arizona Project (CAP). A decision in favor of the United States could cost the City of Glendale as much as $600,000 to $700,000 each year in increased CAP water costs. The judge has approved a settlement among the parties. The settlement includes several steps that must be taken before a final judgment will be entered. The law firm of Engelman Berger, P.C. has been hired to represent the cities in this lawsuit. The attorney handling this matter is William H. Anger. Mr. Anger has successfully represented many of these same cities before the Arizona Supreme Court in matters related to the Gila River Adjudication. The cities entered into an Intergovernmental Agreement (IGA) effective December 1, 1995 for joint legal representation in the CAP litigation. Due to developments in the CAP litigation that were not foreseen when the IGA was adopted, the cities entered into an amendment to the IGA effective June 16, 1997. This amendment raised the limit on litigation costs from $100,000 to $150,000 and set aside $50,000 to be used for settlement negotiations if they occurred. When intensive settlement activities did occur and necessitated an increase in the settlement costs, the cities entered into amendments to the IGA, including Third, Fourth, Fifth, Sixth, Seventh, and Eighth IGAs relating to the joint representation in settlement efforts 5 relating to the CAP litigation. Settlement activities have continued and the cities agree that they necessitate an additional $100,000 in the settlement costs. As in any litigation with many parties, a large group of similarly situated parties with common representation can have a much greater effect and reduced costs than those same parties would have individually. The cost of representation will be equally shared by the cities. The City of Glendale will be responsible for 16.666% or $16,666 for services rendered under this contract. Funds for this project are in the Utilities Account No. 50-6410-7330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $16,666 Account Name, Fund, Account and Line Item Number: Utilities Account No. 50-6410-7330 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the Ninth Intergovernmental Agreement and Contract for Legal Services relating to the joint representation in the case of Central Arizona Water Conservation District v. United States of America, et al. Resolution No. 3826 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF THE NINTH INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, GOODYEAR, MESA, PEORIA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE CASE OF CENTRAL ARIZONA WATER CONSERVATION DISTRICT v. UNITED STATES OF AMERICA, ET AL. 7. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF GOODYEAR TO PROVIDE MATERIALS RECOVERY FACILITY PROCESSING SERVICES This is a request for the City Council to approve an intergovernmental agreement (IGA) to provide Materials Recovery Facility (MRF) processing services to the City of Goodyear. The IGA will help meet the Council goals of providing financial stability and coordinating exceptional service delivery. The agreement also promotes the strategic priority of strengthening community relationships and creating new partnerships. 6 The city currently processes materials received from the City of Goodyear's drop- off recycling program. A temporary agreement to provide MRF processing services for Goodyear's pilot program was established between the cities by a letter of agreement. This IGA is to formalize the previous letter of agreement. The agreement provides Glendale with additional recyclables to sell and Goodyear with a final destination point for their recycling drop-off program. It is projected that Goodyear will generate 1,257 tons of incoming material during Fiscal Year 2004-05. Based on the R.W. Beck findings, the additional tonnage translates into a conservative annual revenue estimate of $81,200. Processing costs are absorbed within the existing operating budget since the city is currently processing the materials. The City of Goodyear has further initiated a pilot curbside recycling program and plans to offer the service citywide within the next two years. The Goodyear citywide curbside program would significantly increase the volume of incoming materials. The proposed IGA addresses only the drop-off program. The IGA would need to be amended to address the curbside collection program if Goodyear continues directing recyclable materials to the Glendale MRF. The proposed IGA is effective through June 30, 2006 and may be extended for three additional periods of five years each, based on terms and conditions acceptable to both Glendale and Goodyear. City Council approval would be required for extension of the agreement. On January 24, 2005, the Goodyear City Council approved the proposed IGA for Glendale to provide MRF processing services. On November 12, 2002, a letter of agreement was developed by staff to establish operating regulations and procedures for the receipt of materials from Goodyear's pilot drop-off recycling program. The additional recyclable material received by the Glendale MRF will allow the city to market additional commodities, resulting in increased revenues and more cost effective solid waste operations for Glendale residents. The commodities resulting from the materials received from Goodyear has a current annual value of $81,200. Commodity revenues are deposited into Account No. 55-0055-4512. Processing costs are absorbed within the existing operating budget since the city is currently processing the materials. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement with the City of Goodyear for use of the Glendale Materials Recovery Facility. 7 Resolution No. 3828 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF GOODYEAR FOR MATERIALS RECOVERY FACILITY SERVICES. It was moved by Eggleston and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 5, and 7, including the approval and adoption of Resolution No. 3826, New Series, and Resolution No. 3828 New Series; and to forward the Special Event Liquor License Application for St. Joseph Assembly; and Liquor License Applications No. 3-974 for Kokopelli Mexican Grill, No. 3-976 for Rosarios; and No. 3-977 for Stingers Sports Bar, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 6. REVISIONS TO THE CITY'S INVESTMENT POLICY Mr. Art Lynch, Deputy City Manager and Mr. Ray Shuey, Acting Finance Director and Chief Financial Officer, presented this item. This is a request for the City Council to adopt a revised Investment Policy for the City of Glendale. Maintaining an up-to-date Investment Policy addresses the Council's goal of accountability and fiscal responsibility. Each year, the Chief Financial Officer and staff review the policy to ensure that it is still current. As set by the ordinance that established the policy, changes may be made by resolution, if needed. Modifications proposed at this time include: (1) modernizing terminology to comply with new accounting and banking standards; (2) modifying references to bank rating information now available; and (3) updating reporting requirements. On July 9, 2002, the Council adopted Resolution No. 3598 New Series, which last updated the Investment Policy for the City of Glendale. The policy was established by ordinance in March of 1996. The community benefits from knowing that the city has a formal investment policy that directs how public money may be invested. An investment policy benefits residents through helping ensure proper stewardship of the public's money. The policy is important to Glendale because the city issues bonds and maintains fund balances, both of which generate cash that needs to be protected from loss while earning a return to help offset financing costs. The policy provides guidance to staff and the investment community regarding the types of investments that are appropriate to balance safety of principal with return on investment. 8 The recommendation was to waive reading beyond the title and adopt a resolution adopting the revised Investment Policy for the City of Glendale. Councilmember Lieberman expressed his opinion placing all cash, except for excluded funds restricted to special accounts, in one investment account will place a tremendous amount of money in one account, pointing out the General Fund Contingency Account and GO On-Board Transportation Account have a combined total of $82 million. Mr. Lynch clarified the accounts are handled as individual investments, explaining they are talking about consolidating from an accounting and reporting perspective. Councilmember Lieberman asked how much money will actually be in the one investment account. Mr. Lynch said the General Operating Account has a separate investment portfolio. He said the investment account could fluctuate between $2 million and $40 to $50 million. He stated the total investment portfolio for the city averages around $100 to $120 million. Councilmember Lieberman pointed out the city's investment portfolio was just over $100 million years ago, not including the $26 million in the GO Fund. He estimated the city's total investment portfolio to be between $120 to $140 million. Mr. Lynch said, while that is possible, there are large fluctuations in the numbers depending on cash needs. Councilmember Lieberman stated his personal investment accounts are insured by FDIC for up to $100,000, asking to what amount are the city's investment accounts insured. Mr. Lynch explained the city's diversification efforts protect the city in terms of insurance. He said, additionally, there is $100,000 in FDIC coverage on individual accounts and excess collateral that the city requires at 102 percent of market value. Councilmember Lieberman expressed his opinion that gives the city even more reason to diversify its investments. Mr. Lynch confirmed the city restricts its business to primary broker dealers because the size of their investment portfolios allows them to react quickly to changes in market conditions. Councilmember Lieberman asked if the city has a Treasurer. Mr. Lynch stated the last action Council took on Authorized Signers made him Treasurer for the city. Councilmember Lieberman congratulated Mr. Lynch on his move to Deputy City Manager, asking if the new Chief Financial Officer will agree with the proposed changes and will he or she become the new City Treasurer. Mr. Beasley said they will assess that based on the individual's qualifications and experience. Councilmember Lieberman asked if the city is currently advertising for a new Chief Financial Officer. Mr. Beasley responded yes. Councilmember Lieberman asked if Mr. Shuey is the city's Deputy Finance Director. Mr. Lynch answered yes. Councilmember Lieberman asked with which banking institutions does the city have more than $5 million. Mr. Lynch referenced a list of banking institutions on Page 13. Councilmember Lieberman asked Mr. Lynch to arrange a meeting with the people who have authority to conduct investment transactions on behalf of the city. Mr. Lynch said he will arrange a meeting with the account managers. 9 Resolution No. 3827 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 THE "INVESTMENT POLICY FOR THE CITY OF GLENDALE" PURSUANT TO GLENDALE CITY CODE, CHAPTER 2, SECTION 2- 186. It was moved by Lieberman and seconded by Clark, to approve the recommended action on Consent Agenda Item No. 6, Resolution No. 3827 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTION 8. GENERAL PLAN AMENDMENT GPA04-09: 17700 NORTH 75TH AVENUE Mr. Jon Froke, Planning Director, presented this item. This is a request by the Marlin Group for the City Council to amend the North Valley Specific Area Plan (NVSAP) to modify the limitations on the hours of operations from 10:00 pm to 6:00 am to 12:00 am to 6:00 am in the Limited Commercial designation areas. The request will also allow full service restaurants and convenience uses, excluding fast food restaurants, to the Limited Commercial designation. The proposed General Plan Amendment is consistent with the General Plan objective to promote economic development. The 9.9-acre site is located at the southwest corner of 75th Avenue and Saint John Road. The applicant proposes to alter the portion of the text for the Limited Commercial land uses in order to extend the hours of operation and allow limited convenience uses. The NVSAP specifically limited the hours of operation. On December 16, 2004, the Planning Commission recommended approval of the General Plan Amendment. The project promotes the development of vacant property adjacent to non- residential land uses and near the Loop 101 and Bell Road. The NVSAP requires the City Council to approve the development master plan for this parcel. The applicant sent letters to 75 property owners and interested parties on September 20, 2004. There were no responses received. A neighborhood meeting was held on November 10, 2004. A petition, with 56 signatures, was submitted by the Hidden Manor Homeowners Association prior to the Planning Commission hearing. The petition was included in the public record at the December 16, 2004 Planning Commission public hearing. The petition opposed this amendment due to increased traffic and the need for new traffic 10 signals. Hidden Manor has since submitted a letter which states that they do not oppose this application. The recommendation was to conduct a public hearing and approve General Plan Amendment GPA04-09 as recommended by the Planning Commission. Councilmember Clark asked if the stipulation requiring businesses to be closed between 10:00 p.m. and 6:00 a.m. applies only to the subject General Commercial parcel or if other General Commercial parcels around Arrowhead Mall are subject to the same stipulation. Mr. Froke said they are, although it is not technically a stipulation. He said, however, the application before Council is specific to Parcel 14. Councilmember Clark asked if the other General Commercial parcels are developed. Mr. Froke stated all but two of the parcels are undeveloped at this time. Councilmember Clark asked if there are any restaurants on the parcels. Mr. Froke said there are some restaurants along Bell Road and internal to the mall. Mayor Scruggs asked if the Rock Bottom Restaurant or Taco Bell close at 10:00 p.m. Mr. Froke did not have information available concerning their hours of operation, but admitted they could be open later than 10:00 p.m. Mr. Beasley confirmed they are open later than 10:00 p.m. Councilmember Lieberman stated he does not find those restaurants to be in the same situation, with R1-6 residential zoning directly to the rear. He asked if another amendment will be necessary for Lund Cadillac. Mr. Froke said he does not believe any amendments will be necessary as a Conditional Use Permit has been approved for the proposed Lund Cadillac, Hummer, Saab, Alfa Romeo dealership. Mayor Scruggs pointed out St. John's Park separates the subject parcel from the residential neighborhood. She noted the movie theater is also open past 10:00 p.m.. Councilmember Clark expressed her opinion the text amendment should be removed since other parcels have apparently been ignoring it for years, stating it has no value. Mr. Froke clarified the restriction on hours is limited to Parcel 14. Councilmember Clark asked why the restriction was applied to one parcel only. Mr. Froke explained they are dealing with a General Plan that was developed approximately 15 years ago when there was no development along that portion of Bell Road. He pointed out this is the first step in approval of the development plan for Parcel 14, stating the next step will be Council approval of a specific site plan or development plan. Councilmember Clark asked if the North Valley Specific Area Plan became part of the General Plan 2025. Mr. Froke responded yes. Councilmember Frate noted this is one of two undeveloped parcels, noting the parcel on the west submitted an amendment for a four story building. Mr. Froke agreed, stating council reviewed a General Plan amendment four months ago from 11 Mammoth Equities. Councilmember Frate pointed out there have been no changes to the North Valley Specific Area Plan since it was approved in 1989. He said a restaurant could not be built on the subject property at this time because of the restriction concerning hours of operation. Mr. Froke said, while the building could technically be built, the applicant desires expanded hours of operation. Councilmember Frate pointed out the applicant offered to attempt to locate the restaurant to the south, away from the park. Councilmember Frate said Hidden Manor residents were primarily concerned about traffic, but those concerns were allayed once they found out the city was looking into traffic mitigation measures. Mayor Scruggs asked what is considered a convenience use. Mr. Froke said gas stations, fast food restaurants, and other retail establishments with drive-thru facilities. He confirmed for Mayor Scruggs that automotive uses, such as tire changing facilities, lube and oil facilities and gas stations will continue to be prohibited, as will fast food establishments and cocktail lounges. Mayor Scruggs asked what convenience uses will be allowed. Mr. Froke said early discussions with the applicant indicated a desire to have an inline coffee shop. Mayor Scruggs asked if the Conditional Use Permit process will apply if a convenience use with a drive-thru should be considered for the property. Mr. Froke responded yes. Mayor Scruggs asked why an inline coffee shop would be considered a convenience use. Mr. Froke said a coffee shop is not considered a convenience use if it does not have a drive-thru. Mayor Scruggs asked what is the intent of permitting convenience uses. Mr. Froke said convenience uses are not part of the applicant's narrative, suggesting she address her question to the applicant. Mayor Scruggs asked if the extension of operating hours to 12:00 a.m. is the only change. Mr. Froke responded yes. Vice Mayor Eggleston pointed out the zoning ordinance defines a convenience use by the type of products it sells. Mr. Froke agreed, stating they typically sell food items in carry out containers. Mayor Scruggs pointed out the citizen participation plan stated convenience uses were not permitted. Mr. Tim Stack, Applicant's representative, clarified the applicant originally eliminated convenience uses under the belief that it was specifically for fast food restaurants, stating they were later informed that convenience uses also include uses such as drive-thru banks, drive-thru dry cleaners and so forth. He said, based on the input they received, it became apparent a drive-thru use of some type might be necessary. Mayor Scruggs asked if a drive-thru use could be accommodated on the parcel. Mr. Stack said yes, at the southern end of the property. Mayor Scruggs commented on the heavy traffic and confusing circulation pattern at that location. Mr. Stack emphasized that any future development will be subject to the city's Design Review process. He explained their intent is to sell the property to one developer who will develop the entire site, rather than to sell the parcels off piecemeal. Mayor Scruggs 12 asked if the midnight closing is necessary for any use other than a restaurant. Mr. Stack said he does not believe so. He pointed out the time a restaurant closes differs from the time it has to stop serving. Mayor Scruggs asked if an after hour medical care facility could be a possible tenant. Mr. Froke stated an urgent care facility would not be permitted by zoning, explaining the PAD defaults to C-1 land uses. Mayor Scruggs asked if the applicant wants convenience uses, but is willing to exclude all automotive uses, fast food restaurants and cocktail lounges. Mr. Stack responded yes. In response to Councilmember Frate's question, Mr. Stack explained their intent is to make the property marketable and attractive to a single developer. Councilmember Lieberman said he supports extending the hours of operation by two hours. Mr. Froke clarified for Mayor Scruggs that the property is 9.9 acres. He compared it in size to the Fry's Shopping Center at 59th Avenue and Beardsley. Mayor Scruggs asked if a pharmacy with a drive-thru window would be permitted. Mr. Froke said such use would be subject to a Conditional Use Permit. He pointed out one of the site planning challenges for the parcel has been the parcel's non-uniform shape. Councilmember Martinez said the application and the Planning Commission's recommendation does not include language excluding automotive uses. Mr. Froke said the Planning Commission approved the application, subject to the applicant's narrative, stating the narrative expressly excludes automotive uses. Mayor Scruggs suggested the person making the motion read the exact amendment as listed on the project narrative. Mr. Froke agreed. It was moved by Martinez to approve General Plan Amendment GPA04-09 as recommended by the Planning Commission. The Commercial uses will not operate between 12:00 a.m. and 6:00 a.m. and convenience uses will exclude automotive uses, convenience uses, fast food establishments, and cocktail lounges. No vote was taken. Mr. Tindall suggested the following language be adopted by one of the Council members as a motion: "The General Plan Amendment GPA04-09 be adopted to amend the original language found on Page 8 of the North Valley Specific Area Plan to read as follows: 'A building or cluster of buildings built in a residential scale which provides retail or office space. The areas between the buildings and residential area will include significant landscape treatments. The commercial uses will not operate between 12:00 a.m. and 6:00 a.m. The commercial uses exclude automotive uses, fast food establishments, and cocktail lounges. All activities are within enclosed buildings 13 with no outside sales or storage. Projects which involve more than one building have compatible architectural themes and landscape designs." It was moved by Clark, and seconded by Frate, to adopt GPA04-09 with the language offered by Mr. Tindall. No vote was taken. Mayor Scruggs noted she had not yet held the public hearing. Mayor Scruggs opened the public hearing on Agenda Item No. 8. Mr. Bretin Iler, a resident of the City of Glendale, said, while he appreciates the trees currently on the property, he recognizes it is not a practical use of the land. He asked the city not to install additional stop lights on 75th Avenue, that the buildings be commercial in nature, and that the hours of operation cease at 11:00 p.m. with restaurants allowed to clean up after that time as long as no customers are served. Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Frate, to adopt GPA04-09 with the language offered by Mr. Tindall. The motion passed unanimously. ORDINANCES 9. RETIREMENT OF DEBT RELATED TO THE MATERIALS RECOVERY FACILITY Mr. Stuart Kent, Field Operations Director, presented this item. This is a request for the City Council to approve the transfer appropriation authority only to the Landfill Fund and to retire the Materials Recovery Facility (MRF) debt with the Landfill Enterprise Fund balance. The retirement of the MRF debt will promote the financial stability of the Landfill Fund. The city owns and operates a 260-acre Glendale Municipal Landfill and MRF, where recyclables from Glendale and several other Valley cities are processed and sold. The costs associated with operating the landfill and MRF are recovered through fees and the sale of recyclable material. These fees are retained in the Landfill Fund. The MRF has a debt of $5,878,385.97 in principal remaining from its 2000 start up. This debt will be fully paid in 2014 under current terms. However, the interest on this principal, excluding a scheduled principal and interest payment in March of 2005, will accrue to $1,166,904.94 during those years. The terms of the loan permit early retirement of the debt at no additional cost to the city. Recommendations provided by 14 R.W. Beck, a solid waste consulting organization, in 2004 included the option to retire the full debt associated with the MRF and recycling program. To retire the debt and save $1.167 million in interest, the city will need to pay the debt principal, as well as accrued interest of $127,060.83, in March of 2005. The total cost of this debt retirement will be $6,005,446.80. This amount is available in the Landfill Fund balance. On October 5, 2004, during a review of solid waste management recommendations provided by R.W. Beck, the Council provided direction to use excess Landfill Fund balance to retire the MRF debt. This transaction will require the transfer of appropriation authority. Sufficient contingency appropriation authority for the landfill fund does not exist to cover the full cost of the debt service retirement. Consequently, a transfer of appropriation authority only from the CIP Carryover Contingency is required; the fund balance of the CIP Funds will remain unchanged. The specific appropriation authority transfers required are as follows: • $2 million of appropriation authority only from the Fiscal Year 2004-05 Landfill Fund Contingency, Account No. 55-2456-7000, to MRF division, Account No. 55-6275-7812. • $3,468,446.80 of appropriation authority only from the Fiscal Year 2004- 05 CIP Carryover Contingency, Account No. 01-9809-7000, to MRF division, Account No. 55-6275-7812. $537,000 in funding already exists in the MRF division, Account No. 55-6275- 7812 and 55-6275-7813. The transactions outlined above will result in a reduction of $6,005,446.80 in the Landfill Fund balance. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $6,005,446.80 Account Name, Fund, Account and Line Item Number MRF, Account No. 55-6275-7812 $5,878,385.97 MRF, Account No. 55-6275-7813 $127,060.83 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the transfers of appropriation authority for the early retirement of the Materials Recovery Facility debt. 15 In response to Councilmember Lieberman's question, Mr. Kent said the current operating debt for the MRF is slightly less than $300,000 annually. He said, assuming payoff of the debt, they anticipate sales of material from the MRF will cover the operating costs. Councilmember Lieberman asked how much revenue will the agreement with Goodyear generate. Mr. Kent said approximately $81,000 based on current materials they bring to the facility. Councilmember Lieberman asked if the city's annual debt payment is approximately $400,000. Mr. Kent said the amount fluctuates each year, but the current principal and interest payment is just over $1,000,000. Councilmember Lieberman asked if annual revenue from the sale of materials at the MRF will be sufficient within the next few years to balance the MRF budget. Mr. Kent said revenue from the sale of materials will fluctuate over time, but the actual debt will be eliminated upon approval of the proposed ordinance. Councilmember Lieberman asked if the funds are already available in the Landfill Enterprise Fund. Mr. Kent responded yes. Mr. Kent clarified for Mayor Scruggs that the balance of the Landfill Enterprise Fund is approximately $22 million, stating the draw down of $6 million will pay off the MRF debt. He said, as part of the overall financing for all of the solid waste services, it will allow the landfill to lower its fees to residential sanitation, which in turn allowed Council to approve a more modest increase to the residential sanitation rate. Ordinance No. 2423 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 TRANSFERS OF APPROPRIATION AUTHORITY IN THE ADOPTED FISCAL YEAR 2004-2005 BUDGET TO PAY OFF THE MATERIALS RECOVERY FACILITY (MRF) DEBT. It was moved by Martinez, and seconded by Lieberman, to approve Ordinance No. 2423 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. 10. ACQUISITION OF RIGHT-OF-WAY FOR THE GLENDALE ONBOARD TRANSPORTATION PROGRAM Mr. Jon Froke, Planning Director, presented this item. This is a request for the City Council to authorize the purchase of five properties needed to complete Glendale Onboard (GO) transportation projects. One of the Council's goals is to improve and provide transportation options within the city, as outlined in the Glendale Onboard (GO) Transportation Program. In November of 2001, Glendale voters approved funding for intersection improvements and the removal of lane drops (scalloped streets) to improve traffic flow. In order to construct street improvements on Bethany Home Road between 47th and 16 48th Avenues and within the Southwest Improvements Area, the city needs to obtain additional right-of-way. The Southwest Improvements Area includes Glendale Avenue, between 67th Avenue and 91st Avenue, and 83rd and 75th Avenues, from Glendale Avenue to Camelback Road. The project on Glendale Avenue includes intersection improvements and scalloped street projects resulting in three through lanes in each direction on Glendale Avenue from 67th Avenue to 91St Avenue. These improvements include landscaping and will allow for continued improvements along Glendale Avenue. The following is a description of the properties: Basha's Property The owner of property located at the southwest corner of 75th and Glendale Avenues will dedicate approximately 425 square feet of property towards improvements along 75th Avenue. A quitclaim deed for this property will be granted by the property owner. Fox Four LLC Property The owner of property located at the southwest corner of 79th and Glendale Avenues will be compensated for relocation of a sign and will dedicate approximately 648 square feet of property to the city for improvements at this intersection. The property owner is willing to grant a temporary easement to the city on property owned by the seller for construction of improvements. Mitchell Properties — Bethany Home Road The current owner of two properties located at the northwest corner of 47th Avenue and Bethany Home Road will dedicate a total of approximately 964 square feet of property. The property owner is willing to grant a temporary easement to the city for construction of the improvements. The Mitchell properties will be dedicated to the city and include a sewer line relocation. Street improvements proposed along the north side of Bethany Home Road, west of 47th Avenue have been designed to eliminate a scalloped street condition. This project was proposed in the GO Program in 2003 and is included in the current five-year Capital Improvement Program. This project will go to bid for construction in this fiscal year. Tara Venture II Property The owner of property located at the northwest corner of 83rd and Glendale Avenues will sell approximately 907 square feet of property towards improvements at this intersection. The property owner is willing to grant a 17 temporary easement to the city on property owned by the seller for construction of improvements. On November 6, 2003, the Citizens Transportation Oversight Commission approved an update of the financially balanced 25-year program and the Council approved this program on November 25, 2003. This 25-year program is the basis for the city's annual transportation budget and the Capital Improvement Program for transportation sales tax funded projects. GO Program improvements are being made to streets, transit, bicycle, and pedestrian facilities. These projects will improve pedestrian and traffic flow along Bethany Home Road and within the southwest area of the city. Improvements include street lanes, bus pull outs, sidewalks, landscaping and drainage improvements. The GO Program includes multiple opportunities for public input. An annual report on the GO Program was mailed to all Glendale households and a follow-up public meeting was held on April 28, 2004. In addition, during the design and construction phase of each project, there will also be opportunities for public involvement. The Basha's property owner has agreed to dedicate property south of Glendale Avenue, along 75th Avenue, for$10. Mr. Mark Mitchell, the owner of the 47th Avenue/Bethany Home Road properties, has agreed to dedicate the needed right-of-way to the city at no charge and grant a permanent sewer easement. The city has agreed to perform work on this property at an estimated cost of$12,000. Owners of the following properties in the southwest area have agreed to sell needed property to the city for the following amounts, plus related improvements: • Fox Four LLC Property in the amount of$5,000. • Tara Venture II Property in the amount of$15,419. The city will deposit escrow fees totaling $1,860 for the three properties located within the Southwest Improvements Area and the two properties at 47th Avenue/Bethany Home Road to cover closing costs. City of Glendale funds for right-of- way acquisitions and improvements are budgeted as part of the GO Transportation Program Fund 25 in the amount of$34,289. 18 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $34,289 Account Name, Fund, Account and Line Item Number 43ftl Avenue: Bethany Home to Peoria - Street Improvements Account No. 25-9490- 8300: $12,000 75rn/83rd/Glendale - Street Improvements Account No. 25-9486-8100: $22,289 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute all documents necessary to purchase and accept the necessary right-of-way for the Glendale Onboard Transportation Program. Ordinance No. 2424 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 ACQUISITION OF CERTAIN PARCELS OF PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF GLENDALE FOR USE AS RIGHT-OF-WAY FOR THE GLENDALE ONBOARD TRANSPORTATION PROGRAM; AND DIRECTING THE EXECUTION OF ANY AND ALL DOCUMENTS FOR SAID ACQUISITIONS. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2424 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. NEW BUSINESS 11. GLENDALE ONBOARD (GO) TRANSPORTATION PROGRAM: 2004 ANNUAL REPORT AND FISCAL YEAR 2005-2029 PROGRAM OF PROJECTS Mr. Ed Beasley requested that the council accept and not adopt the program. He advised that the program would be discussed during the budget meetings. Mr. Terry Johnson, Transportation Planning Manager, presented this item. This is a request by the Citizens Transportation Oversight Commission (CTOC) for the City Council to approve the 2004 Glendale Onboard (GO) Transportation Annual Report and Fiscal Year 2005-2029 Program of projects. This is the third Annual Report and 25-year Program of projects since the voters approved a half-cent sales tax for transportation purposes on November 6, 2001. One of the Council's goals is to improve and provide transportation options within the city as outlined in the Glendale Onboard (GO) Transportation Program. 19 When voters passed a half-cent sales tax increase in November of 2001 to support transportation projects, staff began to implement the Glendale Onboard (GO) Transportation Program. In order to ensure the delivery of proposed transportation projects as presented to voters, a commitment was made to issue an annual report and 25-year program of projects. Ordinance No. 2241 New Series, as approved by Council on February 12, 2002, established the CTOC and requires approval of an Annual Report and a Long Range Program. The Annual Report and 25-year Program were previously approved by Council in 2002 and 2003. The CTOC recommends to the Council the approval of this 2004 Annual Report and 2005-2029 Program of projects. The recommended 2005- 2029 Program is financially balanced. This Program is the basis for the Annual Budget and capital program to be addressed separately by the Council. In February of 2002, the Council approved a Citizens Transportation Oversight Commission (CTOC) to oversee the Glendale Onboard (GO) Transportation Program and required approval of an Annual Report and a Long Range Program. In November of 2001, the Council approved amendment of the city code to increase the sales tax by one-half cent per dollar for transportation projects and services and establish a separate transportation fund. In November of 2001, Glendale residents overwhelmingly approved the Glendale Onboard (GO) Transportation Program. This program will accomplish improved traffic flow, relieve traffic congestion, increase transportation options, improve air quality, promote economic vitality, and provide regional transportation connections. On February 3, 2005, the Citizens Transportation Oversight Commission unanimously recommended approval of the 2004 Glendale Onboard (GO) Transportation Program and Fiscal Year 2005-2029 Program of projects. The recommendation was to approve the 2004 Glendale Onboard (GO) Transportation Program Annual Report and Fiscal Year 2005-2029 Program of projects. Vice Mayor Eggleston asked to have a Council workshop on this item. Mr. Beasley said an additional workshop will be added during the budget process. Councilmember Frate agreed a workshop is necessary, stating the report is quite comprehensive. Councilmember Lieberman asked where they got the population figure of 261,963. Mr. Johnson said their socio economic projections came from MAG. Councilmember Lieberman said, unless there are changes to light rail, he does not see it as having an advantage over buses. 20 Vice Mayor Eggleston asked if extended bus service accounts for the majority of the $6,427,000 in professional and contractual services. Mr. Johnson responded yes, stating they contract with the City of Phoenix for a lot of bus service. Mayor Scruggs asked about the $3,344,000 in wages and benefits. Mr. Johnson said Dial-A-Ride drivers account for a major share of that amount. Vice Mayor Eggleston pointed out 39 percent of GO Funds are intended to be for street projects, with 69 percent allocated to the Northern Parkway. He said there should be additional sources to fund transit now that Proposition 400 has passed. Mr. Johnson clarified the report reflects the passage of Proposition 400. Mayor Scruggs expressed concern about the Citizen's Oversight Committee's lack of involvement. She said, while ADOT would like Glendale to build a bridge across 1-17 for light rail, no accommodation was made for a bridge in Proposition 400. She stated the issue needs to be settled very soon. Furthermore, she pointed out Glendale has not received a commitment from the City of Phoenix that they will fulfill their half of the cost to bring light rail from Spectrum Mall to 43rd Avenue. She said as the city moves forward with the plan, it does not appear to be in anyone's best interest to continue to save funds to take light rail from Spectrum Mall to 59th Avenue along Bethany or Northern if it cannot be brought across 1-17 and the City of Phoenix will not commit to pay half-the cost. She said, by the time Council gets its next annual report, she wants to know if it can physically be done and if the city has a willing partner. It was moved by Clark, and seconded by Frate, to accept the 2004 Glendale Onboard (GO) Transportation Program Annual Report and Fiscal Year 2005-2029 Program of projects. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, March 1, 2005, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS No comments were made. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced the roof was raised on the Cardinals Stadium over the weekend. She congratulated the TSA, the Cardinals, the Fiesta Bowl and all entities involved in the successful milestone. 21 Councilmember Goulet noted a new habitat home will be started tomorrow at 9:00 a.m. He said they will again partner with Swift Transportation and the Glendale Fire Department. Councilmember Frate agreed the roof raising was very exciting. He stated Copper Canyon High School dedicated their training room in honor of Mike Nesbitt who is the athletic trainer at NAU. Councilmember Frate noted Mr. Nesbitt trained many of the High School athletic trainers in the country and state. Also, the Superintendent of Schools went to NAU and was mentored by Mike Nesbitt. He encouraged everyone to drive carefully in the rain and urged them to watch children around water. ADJOURNMENT There being no further business, the meeting was adjourned at 8:50 p.m. Aar 'amela Hanna - City Clerk 22