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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/8/2005 (7) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MARCH 8, 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 five 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 22, 2005 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the February 22, 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. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Number 1, requested that Agenda Item Number 2 be removed, and read Agenda Items 3 through 6 and Ms. Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 7 through 10 by number and title. 1. LIQUOR LICENSE NO. 3-978 CHEVY'S FRESH MEX This is a request by Ruben Guzman for the City Council to approve a new Series 12 (All liquor, Restaurant) license for Chevy's Fresh Mex located at 7700 W. Arrowhead Towne Center. The approval of this license will not increase the total number of liquor licenses in this area as this establishment already had a series 12 previously. 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. 1 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. 2. LIQUOR LICENSE NO. 3-979 ICHI BAN Mr. Ed Beasley, City Manager, requested that this item be removed from the agenda. This is a request by Ki Pak for the City Council to approve a new Series 12 (All liquor, Restaurant) license for Ichi Ban located at 5795 W. Bell Road. 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. 3-980 CONNOLLY'S BAR & GRILL This is a request by Michelle Cavender for the City Council to approve a person transfer of a Series 6 (on and off-sale, all liquor) license for Connolly's Bar & Grill located at 5160 W. Northern 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. 2 4. PURCHASE OF BUS STOP SHELTERS AND EQUIPMENT This is a request for City Council approval to purchase bus stop shelters, and furniture and equipment from Lacor Streetscape, using the City of Phoenix Request for Proposal (RFP) 01-004. Previous bus shelter and equipment purchases have been made using a cooperative agreement with the City of Phoenix, thus providing a reduction of cost based on economies of scale. The City of Phoenix has agreed to this cooperative purchase using Phoenix RFP 01-004 designating Lacor Streetscape as the vendor of bus shelters, furniture and equipment. This purchase will provide 13 new shelters equipped with furniture and solar lighting units. An additional nine solar units will be purchased to retrofit existing shelters that currently do not have lighting with solar lighting. These improvements will increase passenger comfort and security. The Federal Transit Administration (FTA) grant provides 80% federal funds in the amount of $120,000 and requires 20% local match funds in the amount of $30,000. Matching funds are available in Transit capital account 68-8611-8400. The purchase will be made using 80% federal funds provided through the FTA Grant AZ-90-X063. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $120,000 X X $30,000 $150,000 Account Name, Fund, Account and Line Item Number Transit — 68-8611-8300 $30,000 Bus Stops and Shelters — 24-8074-8300 $120,000 The recommendation was to approve the purchase of bus stop shelters and equipment from Lacor Streetscape in the amount of $150,000 using a cooperative agreement with Phoenix Request for Proposal 01-004. 5. SPECIAL ELECTION FUNDING This is a request for the approval to transfer general fund contingency appropriation authority and funds to the City Clerk Election Fund. The funds are necessary to cover the cost of the Special Election scheduled for May 17, 2005. The election process is direct citizen participation in city government, which is a strategic priority of the City Council. During its January 25, 2005 meeting Council approved a special election for May 17, 2005, and taking to the qualified voters Proposition 101, charter amendment, and Propositions 102 and 103 franchise agreements with Southwest Gas and Arizona 3 Public Service. The franchisees' share of the cost will be reimbursed to the General Fund. Due to the off-year election status, no funds were budgeted, thus necessitating the need for a contingency appropriation request. Council discussed referring the charter amendment and the franchise agreements to the voters at its January 4 and 18, 2005 workshops. The Council approved Resolution No. 3824, referring the charter amendment, and Resolution No. 3823, referring the franchise agreements to the voters during the January 25, 2005 meeting. The election will allow the voters of Glendale to express their opinion on a charter amendment and two franchise agreements. It is estimated that the total cost of the special election will be $120,000. This transaction will require the transfer of appropriation authority and funds of $120,000 from Fiscal Year 2004-05 General Fund Contingency, Account No. 01-2450-7000. This will result in a reduction of general fund contingency appropriation authority of$120,000 for Fiscal Year 2004-05 and a net reduction in the General Fund balance of $40,000 once the reimbursement is received. The $120,000 should be transferred to Fiscal Year 2004-05 City Clerk, City Elections, Account No. 01-1220-7330. Each franchisee will reimburse the General Fund for one-third the costs of the Special Election. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X 120,000 Account Name, Fund, Account and Line Item Number: FY2004-05 General Fund Contingency, Account No. 01-2450-7000 FY2004-05 City Clerk, City Elections Account No. 01-1220-7330 The recommendation was to authorize the transfer of $120,000 in appropriation authority and funds from Fiscal Year 2004-05 General Fund Contingency, Account No. 01-2450-7000 to Fiscal Year 2004-05 City Clerk, City Elections, Account No. 01-1220- 7330. 6. METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT EXPENDITURE This is a request for the City Council to approve the expenditure of grant funding in the amount of $66,222 for a radiological and nuclear detection equipment purchase from the sole source vendor, Thermo Electron Corporation. One of the Council's highest goals is ensuring public safety and awareness. This purchase will assist in achieving that goal should a major incident occur in the city. 4 The City of Glendale Metropolitan Medical Response System (MMRS) program is funded through the Department of Homeland Security and managed by the Office of Domestic Preparedness. The Glendale MMRS is tasked with providing an emergency response and mitigation plan for protection against possible weapons of mass destruction radiological or nuclear attack. The requested expenditure will provide specialized radiological and nuclear detection equipment for the required emergency response. The one-time costs associated with this purchase, estimated to be $66,222, are contained within the MMRS grant funding. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $66,222 Account Name, Fund, Account and Line Item Number: Metropolitan Medical Response System, 47-7899-7400 The recommendation was to approve purchase of equipment in the amount of $66,222. CONSENT RESOLUTIONS 7. ARIZONA SCHOOL FURNISHINGS DEVELOPMENT AGREEMENT This is a request for the City Council to adopt a resolution authorizing the entering into of a development agreement with Arizona School Furnishings. This project addresses City Council goals of creating quality jobs, bringing in new capital investment, and promoting economic development. Arizona School Furnishings is buying land at the Glendale Airpark to build a 70,000 square foot distribution/showroom/office facility. Arizona School Furnishings is the leading supplier of furnishings to public and private schools in Arizona. The company will create 35 to 50 full-time jobs with an overall average salary of $52,000 and has committed to maintain their operations at the project site for at least 10 years. The City of Glendale will provide a performance-based incentive package not to exceed $250,000. The city will reimburse up to $200,000 for construction sales taxes and development fees and provide an Employment Development Incentive (EDI) not to exceed $50,000 for the creation of full-time jobs within the first four years of operation. This project represents a capital investment of $4,000,000 and a projected annual economic impact of$5,000,000. 5 This project will create job opportunities for Glendale citizens and generate new sales tax revenue. Reimbursement of construction sales taxes will not exceed $50,000. The Employment Development Incentive and reimbursement of development fees will not exceed $200,000. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $250,000 Up to $250,000 Account Name, Fund, Account and Line Item Number Rebates and Incentives, 01-5450-7657 (up to $200,000) and 01-5455-7655 (up to $50,000) The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of a development agreement with Arizona School Furnishings. Resolution No. 3829 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 A DEVELOPMENT AGREEMENT WITH Z&M PROPERTIES, LLC AND EDUCATIONAL FURNISHINGS OF ARIZONA LLC; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. 8. ACCEPTANCE OF GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR THE GLENDALE FIRE DEPARTMENT This is a request for the City Council to authorize acceptance of a $7,000 grant from the Governor's Office of Highway Safety (GOHS) to offset the cost of paramedic school tuition. The funding received from this grant supports the council's strategic priority of ensuring public safety and enhancing the quality of life for Glendale residents. This grant will assist the Glendale Fire Department with providing emergency medical services to the community. There is no financial match required for this funding. This is one-time funding by the State of Arizona, GOHS. A specific account for this grant will be established in Fund 47, the city's grants fund, once the grant agreements are formally executed. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $7,000 X $7,000 6 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to submit and accept a grant from the Governor's Office of Highway Safety to be used to offset the cost of paramedic school tuition. Resolution No. 3830 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER IN THE AMOUNT OF $7,000 FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY TO BE USED TO OFFSET THE COST OF PARAMEDIC SCHOOL TUITION. 9. RENEWAL OF INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY TO PROVIDE SPECIAL TRANSPORTATION SERVICES This is a request for the City Council to adopt a resolution authorizing the renewal of an Intergovernmental Agreement (IGA) to extend Contract C-22-04-029-2 with Maricopa County Special Transportation Services (STS) for one year to provide transit services to the citizens of Glendale. One of the Council goals is to provide transportation options in Glendale. This item supports that goal by providing an optional method of transportation to residents traveling to destinations outside of Glendale. This request is to extend the existing agreement with Maricopa County to provide transportation services. The agreement provides transportation at a cost of $5.69 per trip, not to exceed $15,000 annually. Maricopa County STS provides an affordable transit option to elderly, low- income and disabled citizens in Glendale needing transportation to destinations outside the city for medical, social or employment purposes. These destinations include locations such as the Veteran's Hospital, County Medical Center, and Adult Day Care centers. The service reduces the need for passengers to transfer from one city service to another at city boundaries. Funds for this program are budgeted in Transit Account 25-6354-7330 in the amount of $15,000. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $15,000 Account Name, Fund, Account and Line Item Number: Professional and Contractual — 25-6354-7330 $15,000 7 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an Intergovernmental Agreement to extend Contract C-22-04-029-2 with Maricopa County Special Transportation Services (STS) for the provision of transit services. Resolution No. 3831 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 A RENEWAL TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR THE STS (SPECIAL TRANSPORTATION SERVICES) PROGRAM WHICH PROVIDES TRANSPORTATION SERVICES FOR ELDERLY, LOW-INCOME OR DISABLED RESIDENTS OF THE CITY OF GLENDALE. 10. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS This is a request for the City Council to adopt a resolution authorizing the execution of an Intergovernmental Agreement (IGA) with the City of Phoenix for acceptance of federal funds for transit purposes. The funds will be used to reimburse the City of Glendale for the federal portion of Fiscal Year 2004-05 Dial-A-Ride maintenance expenses, capital purchases including vehicles and fareboxes, and design funds for a regional park-and-ride. The purchases will be made under the Federal Transit Administration (FTA) Grant AZ-90-X070. One of the Council goals is to provide transportation options in Glendale. The items included in this grant enhance transportation services currently operating in Glendale as part of the Glendale Onboard program. Phoenix has been designated by the Maricopa Association of Governments as the regional recipient of FTA grants, and distributes the funds to other cities in the metropolitan area. This IGA authorizes grant funding for reimbursement of vehicle maintenance expenses; the purchase of three replacement Dial-A-Ride buses, the purchase of new fareboxes for Glendale fixed route buses, and provides funds for the design phase of a park-and-ride facility located at Loop 101 and Maryland Avenue. This grant will provide replacement buses for aging Dial-a-Ride vehicles, which will reduce vehicle breakdowns and enhance reliability and customer service. The park- and-ride lot will provide citizens a convenient location to access Loop 101 to promote ridesharing, thereby helping to reduce traffic congestion. The grant provides 80% federal funds and requires 20% local match funds. The grant projects include $133,800 for transit vehicle maintenance expenses, $195,000 to purchase three replacement Dial-A-Ride vehicles, $41,000 for fareboxes, and $257,799 for design funds for the park-and-ride lot. 8 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total Match $107,040 $26,760 $133,800 $156,000 X X $39,000 $195,000 $32,800 X X $8,200 $41,000 $206,239 X X $51,560 $257,799 Account Name, Fund, Account and Line Item Number: FTA—Associated Capital Maintenance-24-8096-7972 $107,040 Equipment/Repair— 25-6353-7972 $. 26,760 BusesNans — 24-8075-8400 $156,000 Fareboxes (New Acquisition)— 24-8094-8400 $ 32,800 L101/Maryland Park & Ride —24-8077-8330 $206,239 Transit — 68-8611-8400 $ 98,760 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 Phoenix for the reimbursement of the federal portion of the Fiscal Year 2004-05 Dial-A-Ride maintenance expenses and capital purchases made under the Federal Transit Administration Grant AZ-90-X070. Resolution No. 3832 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR ACCEPTANCE OF FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS FOR TRANSIT PURPOSES. It was moved by Lieberman and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1, 3 through 10, including the approval and adoption of Resolution No. 3829 New Series, Resolution No. 3830 New Series, Resolution No. 3831 New Series, and Resolution No. 3232 New Series, and to forward Liquor License Applications No. 3-978 for Chevy's Fresh Mex; No. 3-979 for !chi Ban; and No. 3-980 for Connolly's Bar & Grill, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 11. GENERAL PLAN AMENDMENT GPA04-02 AND REZONING APPLICATION ZON04-06: 5245 WEST PEORIA AVENUE Mr. James May, AICP, Acting Planning Director presented this item. 9 This is a request for the City Council to approve General Plan Amendment Application GPA04-02 and Rezoning Application ZON04-06, located at 5245 West Peoria Avenue. The applicant is requesting (1) to amend the General Plan Land Use Map from HDR (High Density Residential 12-20 dwelling units per acre) to MHDR (Medium-High Density Residential 5-8 dwelling units per acre); and (2) rezoning from A- 1 (Agricultural) to R1-4 PRD (Single Residence, Planned Residential Development). The proposed General Plan Amendment is compatible with the adjacent development to the south and west and will not be detrimental to the General Commercial nor Planned Commercial designation to the north and east. The proposed infill subdivision is compatible with the Medium-High Density General Plan designation. The R1-4 PRD adds to the city's housing stock and provides housing opportunities and housing unit diversity. This development incorporates sound growth management techniques by utilizing the surrounding infrastructure. The site is located on the south side of Peoria Avenue and on the east side of 53rd Avenue. The applicant intends to build a single-family subdivision, titled Beacon Heights, on 3.6 acres of the property, at a density of 4.14 dwelling units per gross acre. The remaining 1.5 acres of the property will continue to be occupied by the Beacon Bible Church. Lots vary in size from 4,599 square feet to 10,497 square feet. There are 12 lots between 4,599 square feet and 6,000 square feet and 3 lots greater than 6,000 square feet. The proposed minimum lot width is 45 feet and the proposed minimum lot depth is 94 feet. This request meets the requirements of the Residential Design and Development Manual. The Planning Commission recommended approval of General Plan Amendment and Rezoning application, with stipulations, on January 20, 2005. The project promotes infill development of vacant property and provides housing that is compatible with the surrounding area. In addition, the proposed development will reduce the number of dwelling units currently allowed by the existing lad use designation on this parcel. The applicant held a neighborhood meeting on October 7, 2003. Of the 218 property owners and interested parties invited to the meeting, six people attended. There were no issues or concerns discussed during the meeting. Discussion was held regarding time frame of development. The recommendation was to conduct a public hearing and approve General Plan Amendment GPA04-02 and Rezoning Application ZON04-06, subject to the stipulations as recommended by the Planning Commission. Councilmember Clark asked why an 18-foot front yard setback is being requested when the minimum lot depth exceeds the standard for R1-4 PRD. Mr. May displayed a sketch of the property, explaining there will be 18 feet from the property line 10 to the front of the garage door, for a total of 20.5 feet from the back of the sidewalk. He assured the Council there will be adequate setback from the face of the garage door to the back of the sidewalk to ensure no vehicles will overhang onto the sidewalk. Mayor Scruggs opened the public hearing on Agenda Item No. 11. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to approve General Plan Amendment GPA04-02 and Rezoning Application ZON04-06, subject to the stipulations as recommended by the Planning Commission. The motion carried unanimously. 12. GENERAL PLAN AMENDMENT (GPA04-10) AND REZONING (ZON04-19): DESERT GARDEN PARK AND DESERT GARDEN ELEMENTARY SCHOOL Mr. James May, AICP, Acting Planning Director presented this item. This is a request for the City Council to approve Planning Commission initiated requests to: (1) amend the General Plan designations from Residential 8-12 dwelling units per acre (du/ac) and Residential 12-20 du/ac to Parks & Open Space and Education and (2) rezone from R-3 and R-4 (Multiple Residence) to R1-7 (Single Residence) to ensure future redevelopment of the 6900 and 7020 West Ocotillo Road properties as R1-7 (Single Residence). The proposed General Plan amendment would bring the land use designations into conformance with the current land uses. The proposed rezoning would be compatible with adjacent zoning districts. The two properties located on the northwest corner of 65th Avenue and Ocotillo Road is currently developed as Desert Garden Park and Desert Garden Elementary School. The requests are to amend the General Plan designations from 8-12 dwelling units per acre (du/ac) and 12-20 du/ac to Parks & Open Space and Education and to rezone from R-3 and R-4 (Multiple Residence) to R1-7 (Single Residence). The requested General Plan amendment and rezoning would reduce the intensity of uses for the properties should redevelopment occur. On January 20, 2005, the Planning Commission recommended approval of the General Plan amendment and rezoning application. The General Plan amendment and rezoning will bring the land use designations into conformance with the current land uses and reduce the intensity of uses for the properties should redevelopment occur. Notification letters were sent to 94 property owners as well as to other interested parties on October 19, 2004. No written responses were received from the mailing. 11 There was one telephone call on November 2, 2004, requesting clarification of the request. The recommendation was to conduct a public hearing and approve General Plan Amendment GPA04-10 and Rezoning Application ZON04-19. Mayor Scruggs opened the public hearing on Agenda Item No. 12. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Goulet, and seconded by Lieberman, to approve General Plan Amendment GPA04-10 and Rezoning Application ZON04-19. The motion carried unanimously. LAND DEVELOPMENT ACTION 13. FINAL PLAT APPLICATION FP04-07: WESTGATE — 9400 WEST MARYLAND AVENUE Mr. James May, AICP, Acting Planning Director presented this item. This is a request for the City Council to approve the final plat for Westgate located at 9400 West Maryland Avenue. Coyotes Center Development LLC, and the City of Glendale are co-applicants. The requested final plat identifies lots, streets and easements within the Westgate Planned Area Development (PAD). The proposed final plat is consistent with the General Plan and the existing PAD zoning district. The Glendale Arena, public streets, site infrastructure, lighting, and landscape have been completed. Building permits for 627,953 square feet of retail, restaurant and office space have been issued and construction has started on Phase I of the Entertainment District. This request facilitates development of the property by providing subdivided lots that are ready for development. The final plat is consistent with the PAD documents approved by the City Council on July 24, 2002. The final plat subdivides individual lots on the overall site. The final plat does not alter the location of street rights-of-way, public utility easements, sewer easements, water easements, or public drainage easements that were previously dedicated to facilitate the construction of public improvements on and around the project. A substantial amount of plan review and construction activity has occurred in the Westgate PAD since the City Council approved the PAD in July of 2002. Staff from various city departments continue to work reviewing construction plans, permitting development, reviewing conceptual plans, answering inquiries regarding development at Westgate. 12 Permitted development in Phase I of the Entertainment District including shell buildings "A" through "I" and the Loews Cinemas is 627,935 square feet. Glendale Arena is a total of 604,000 square feet, bringing the total amount of area developed or permitted to just over 1.2 million square feet. There are a total of 413 residential units on 17.2 acres proposed for several parcels in the Residential District, just east of the Glendale Arena. This includes 237 apartment units and 176 condominium units. The conceptual design for the residential units consists of three story buildings that front onto the streets to create a lively street scene. Planning Department staff is currently completing the initial design review process with the consultant for this project. This month the Planning Department has a pre-application meeting scheduled with a consultant for the development of a two-story, 40,000 square-foot office building in the Garden Office District. This proposed office building is located in the southeast corner of the project. Discussions continue with major users in the Destination Retail District and Village Retail Districts of Westgate. On July 24, 2002, the City Council approved the Westgate PAD in case number Z-01-23, which rezoned 230 acres at the southwest corner of 91St and Glendale Avenues from A-1 (Agriculture) to PAD (Planned Area Development). This request creates more appropriate lot sizes in order to attract additional users to Westgate. The recommendation was to approve Final Plat Application FP04-07. In response to Councilmember Clark's question, Mr. May explained the lot numbers on the final plat represent the formal division of the property and will be used by consultants and developers to accurately describe the location of the various property lines. It was moved by Frate, and seconded by Martinez, to approve Final Plat Application FP04-07. The motion carried unanimously. RESOLUTION 14. ROADWAY EASEMENT AGREEMENT WITH THE BUREAU OF RECLAMATION FOR A PORTION OF MARYLAND AVENUE BETWEEN 91" AND 95TH AVENUES Ms. Kathie Sholly, Property Manager, presented this item. 13 This is a request for the City Council to approve a contract and Grant of Roadway Easement with the U. S. Bureau of Reclamation (BOR). Approving this easement completes a process begun approximately a year ago that facilitated the construction of the infrastructure necessary for the development of the sports facilities and vicinity. As part of the ongoing development of the arena and stadium, Salt River Project relocated federally owned irrigation facilities along portions of Maryland Avenue and placed them underground to accommodate the development. As needs to relocate have been identified, requests for easements for the new facilities are brought forward. The Council approved one such request, representing relocation of irrigation facilities along Maryland Avenue between 91st and 95th Avenues, on January 27, 2004. To avoid delay in the construction and opening of the sports facilities, rights-of-way were conveyed to the city and dedicated as public streets by recorded document in lieu of a Map of Dedication. The City Council approved public dedication of these roads, including Maryland Avenue, on October 28, 2003. To complete the previous exchange approved by the Council and to formally recognize the BOR's prior rights, it will be necessary to execute the BOR's Contract and Grant of Road Easement for its portion of Maryland Avenue. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute a Contract and Grant of Roadway Easement with the U. S. Bureau of Reclamation for a portion of Maryland Avenue between 91st and 95th Avenues. Resolution No. 3833 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 A CONTRACT AND GRANT OF ROADWAY EASEMENT WITH THE BUREAU OF RECLAMATION FOR A PORTION OF MARYLAND AVENUE BETWEEN 91sT AND 95TH AVENUES IN THE CITY OF GLENDALE. It was moved by Clark, and seconded by Martinez, to pass, adopt and approve Resolution No. 3833 New Series. The motion carried unanimously. ORDINANCES 15. PROPERTY EXCHANGE WITH THE BUREAU OF RECLAMATION ALONG MARYLAND AVENUE BETWEEN 951H AVENUE AND LOOP 101 Ms. Kathie Sholly, Property Manager, presented this item. This is a request for the City Council to approve a property exchange with the U.S. Bureau of Reclamation (BOR). The exchange of property, along Maryland Avenue between 95th Avenue and Loop 101, gives the BOR rights to the new location of its irrigation facilities that are being relocated to facilitate the construction of the Maryland 14 crossing of Loop 101. The BOR will relinquish to the city any existing rights in the former location of its facilities. The City Council supports the development of the Glendale sports facilities area and the Maryland Avenue crossing over Loop 101. Approving the property exchange accommodates the construction of the Maryland Avenue crossing by enabling the relocation of irrigation facilities that would otherwise interfere with such construction. As part of the ongoing development of the arena and stadium, Salt River Project relocated federally owned irrigation facilities along portions of Maryland Avenue and placed them underground to accommodate the development. As needs to relocate have been identified, requests for easements for the new facilities are brought forward. This is one such request, representing relocation of irrigation facilities along Maryland Avenue, between 95th Avenue and Loop 101. The facilities need to be relocated to allow construction of the Maryland Avenue crossing over Loop 101. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute all documents necessary to accomplish a property exchange with the United States of America through its Bureau of Reclamation. Ordinance No. 2425 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 A PROPERTY EXCHANGE WITH THE BUREAU OF RECLAMATION FOR THE CONSTRUCTION OF THE MARYLAND AVENUE CROSSING OF LOOP 101; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2425 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 16. ARIZONA PUBLIC SERVICE POWER EASEMENT AT 6819 NORTH 58TH AVENUE Ms. Kathie Sholly, Property Manager, presented this item. This is a request for the City Council to adopt an ordinance granting an electrical power easement in favor of Arizona Public Service (APS) in response to a request by the Arizona Department of Transportation (ADOT) for the Grand Avenue Project. ADOT's Grand Avenue project requires utility companies to relocate their various services outside of the project area. APS is requesting an easement from the city for an underground electrical line and an above-ground switching cabinet. 15 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an underground electrical power easement in favor of Arizona Public Service. Ordinance No. 2426 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY IN RESPONSE TO A REQUEST BY ARIZONA DEPARTMENT OF TRANSPORTATION AS PART OF THE GRAND AVENUE PROJECT AT 6819 NORTH 581H AVENUE IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Martinez and seconded by Goulet, to approve Ordinance No. 2426 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, March 15, 2005, and a Budget Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, March 22, 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 Lieberman invited everyone to attend Luke Days the weekend of March 19 and 20. ADJOURNMENT There being no further business, the meeting was adjourned at 7:45 p.m. 1 Pamela Hanna - City Clerk 16