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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/22/2005 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MARCH 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 five resolutions and six 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 MARCH 8, 2005 REGULAR MEETING AND MARCH 8, 2005 SPECIAL CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the March 8, 2005 regular meeting and the March 8, 2005 special City Council meetings, 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 Commission on Person with Disabilities Kathryn S. McKinney Cactus Appointment 03/22/2005 03/22/2007 Historic Preservation Commission Judy Atkins At-Large Appointment 04/13/2005 04/13/2007 (Cactus) 1 Parks and Recreation Commission Michael Socaciu Yucca Re-appointment 04/09/2005 04/09/2007 The recommendation was to make appointments to the Commissions and administer the Oaths of Office. It was moved by Martinez, and seconded by Frate, to appoint Kathryn S. McKinney to the Commission on Persons with Disabilities; Judy Atkins to the Historic Preservation Commission; and Michael Socaciu to the Parks and Recreation Commission, for the terms listed above. The motion carried unanimously. The Oath of Office was administered by the Mayor to Ms. Kathryn S. McKinney, Commission on Persons with Disabilities and Ms. Judy Atkins, Historic Preservation Commission. Ms. McKinney thanked the Mayor and Council, stating she looks forward to serving on the Commission for Persons with Disabilities. Ms. Atkins thanked the Mayor and Council for her reappointment. PROCLAIM MARCH 28 - APRIL 3, 2005 AS NATIONAL COMMUNITY DEVELOPMENT WEEK This is a request for the City Council to proclaim the week of March 28 - April 3, 2005 as National Community Development Week. This year will mark the 31st anniversary of the Community Development Block Grant (CDBG) program. The theme for this year is "CDBG: Communities on the Rise." The CDBG program has been in operation since 1975, providing local governments with the resources to help meet the needs of low- and moderate-income citizens. Over its 30 years of existence, the program has emphasized the importance of local priorities and the critical need to develop strong relationships between local government, citizens, and non-profit agencies. During National Community Development Week, recognition will be given to the thousands of participants and programs that demonstrate the quality and effectiveness of the program. The City of Glendale began receiving CDBG funds in 1977 from the U.S. Department of Housing and Urban Development (HUD). Over the last 28 years, the city has received approximately $40 million for the purpose of improving the physical and social conditions of Glendale residents. Last fiscal year, $2.5 million in CDBG funding leveraged over $5.9 million in other federal, state, local, and private funds. Examples of CDBG funded activities include: 2 • Housing Rehabilitation Programs — Glendale homeowners are assisted through the Residential Rehabilitation, Replacement Housing, Roof Repair/Replacement, and Exterior Improvement programs. Additional programs provide home accessibility modifications and emergency home repairs. Last fiscal year, over 559 families benefited from these important programs. • Homeownership Opportunities — The city partners with non-profit agencies to enable Glendale residents to become homeowners through infill housing and first-time homebuyer programs. • Elimination of Slum and Blight — Dilapidated, vacant structures are demolished and cleared to eliminate blighted/dangerous conditions and encourage redevelopment. Last fiscal year, this voluntary program eliminated 12 dilapidated structures from the city's neighborhoods. • Public Facilities and Improvements — Provides funds for materials and labor for the construction or renovation of public facilities, such as youth centers and community centers. The funding also supports neighborhood improvements for sidewalks, curb cuts, and streetlights. • Social Services — Allocates funds to non-profit agencies offering social service programs, such as employment services, legal counseling services, and other general assistance for seniors, youth, disabled persons, domestic violence victims, and the homeless. In Fiscal Year (FY) 2003-04, over 2,702 persons and 813 households benefited from these programs. In recognition of the tremendous contributions of the CDBG program on a national and local level, staff is requesting that the Council recognize the accomplishments of the CDBG program through a proclamation supporting the observation of National Community Development Week. John Turbridy, Community Development Advisory Committee Chairperson, will be present to accept the proclamation. The recommendation was to issue a proclamation recognizing National Community Development Week in Glendale, March 28 —April 3, 2005. Mayor Scruggs proclaimed March 28 — April 3, 2005 as National Community Development Week. She presented the proclamation to Mr. John Turbridy, Community Development Advisory Committee Chairperson. Mr. Turbridy thanked the Mayor and Council, on behalf of the Community Development Advisory Committee, for the proclamation. He discussed ways in which the program assists people within the community, stating Council priorities include housing related programs and social services activities. 3 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 5, and Ms. Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 6 through 9 by number and title. Vice Mayor Eggleston asked that Item 7 be heard separately. 1. RADIO SERVICE AGREEMENT This is a request for the City Council to approve the entering into of a radio service agreement with Motorola Incorporated for $79,616.45. This service agreement takes effect upon the end of the one-year factory warranty included with the purchase of the new radio system. This service agreement helps to ensure the dependability of the Police Department's existing voice radio network, thereby ensuring police officers and the communications center are in constant communication and emergency calls can be immediately dispatched. This meets with the Council goal of ensuring public safety and awareness. The City of Glendale and Motorola Incorporated have maintained service agreements on the city's voice radio system for several years. This is the first time a service agreement has been necessary for the new radio system due to the fact that all required items were covered until the end of the one-year purchase period which expired on December 31, 2004. The agreement with Motorola Incorporated will provide uninterrupted service and support to the radio network. The length of this contract will be six months and will expire on June 30, 2005. Due to the fact that this system is utilized by the Police, Utilities, Sanitation, Landfill, and Transportation Departments, funding is contributed from each area. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $79,616.45 Account Name, Fund, Account and Line Item Number General Fund, 01-3250-7420, $64,719.45 Utilities Fund, 50-6410-7420, $6,074 Sanitation Fund, 57-6272-7420, $5,207 Landfill Fund, 55-6235-7420, $868 Transportation Fund, 25-6353-7420, $2,748 The recommendation was to authorize the City Manager to enter into an agreement with Motorola Incorporated in the amount of $79,616.45. 4 2. AWARD OF CONTRACT —AIRPORT EAST ACCESS ROAD This is a request for the City Council to award a contract to Pierson Construction Inc. for the construction of the initial 950 feet roadway to provide access to three parcels on the east side of the airport. This contract will also include a new sewer line, manholes and street lighting to support development along the road frontage. One of the Council's goals is to make the airport operations self-sufficient. The addition of these improvements will assist in bringing in additional airport related businesses. The Council approved a master plan developed by the city's Transportation Department for the property it owns east of the existing runway on January 13, 1998. The city entered into an agreement with CK Engineers on September 30, 2004 to provide design and construction administration services for this project. On February 24, 2005, two bids were received and opened. Pierson Construction Inc., a qualified licensed contractor, submitted the lowest bid in the amount of$616,659. Funds for this project are available in Airport-Eastside Access Road, Account No. 34-8086-8300. Grants Capital Expense One-Time Cost I Budgeted Unbudgeted Total X X $616,659 Account Name, Fund, Account and Line Item Number Airport-Eastside Access Road, Account No. 34-8086-8300 The recommendation was to approve the award of contract to Pierson Construction Inc., in the amount of$616,659. 3. AWARD OF CONTRACT— GRAND CANAL MULTI-USE BRIDGE This is a request for the City Council to award a contract to Concast Corporation for the construction of Grand Canal Multi-use Bridge at 79th and Missouri Avenues. One of the Council's priorities is to improve the quality of life for citizens in the city. Construction of the Grand Canal Multi-use Bridge at 79th and Missouri Avenues will provide compatible neighborhood design features and allow residents' access across the Grand Canal adjacent to 79th Avenue and Missouri Avenues. DMJM was selected from the Engineering Department's list of pre-qualified consultants for professional services. Their tasks included the design and preparation 5 of the construction plans and specifications necessary to construct this project. The bridge was included as a priority item on the GO Program Bicycle Project List. The project's four main features include the construction of a multi-use bridge across the Grand Canal; a pathway connecting to an existing pathway on the Grand Canal Linear Parkway; a pathway connecting to the intersection of Missouri Avenue and 79th Avenue; and a neighborhood rest area with shade ramada west of the bridge. The project will also include landscaping and lighting and will complete the connection of planned bike routes on Missouri Avenue on each side of the Grand Canal. The Citizens Transportation Oversight Commission and the Citizens Bicycle Advisory Committee have reviewed this project and recommend approval. The Council approved the design and construction administration services contract on September 9, 2003. The Council approved an intergovernmental agreement with the U.S. Department of Interior on September 23, 2003 for cost sharing of $45,000. The Council approved the submission of an application for a Heritage Fund Grant for $86,851 on April 22, 2003. On February 24, 2004, eight bids were received. Concast Corporation, a qualified licensed contractor, submitted the lowest qualified bid in the amount of $198,293.20, which is well within the engineer's estimate of$205,000. The new bridge and connector path will offer pedestrians and bicyclists better and safer access to nearby recreational facilities, schools, and shopping areas on both sides of the Grand Canal. It will help bring the area into compliance with the city's parks and open spaces standards and complete a needed segment in the Missouri Avenue bicycle route. A public meeting for this project was held on April 29, 2004 to discuss the project with the citizens in the area. There was overwhelming support in favor of the proposed project. Funds for the construction are available in the 2004-05 Fiscal Year Capital Improvement Plan, Grand Canal Missouri @ 79th Multi Use Bridge, Account No. 25- 9465-8300 $166,627.20 and 79th Ave./Missouri Trans-Canal, Account No. 47-8061- 8300 $ 31,666. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $198,293.20 Account Name, Fund, Account and Line Item Number Grand Canal Missouri @ 79th Multi use Bridge, Account No. 25-9465-8300 $166,627.20 79th Ave./Missouri Trans-Canal, Account No. 47-8061-8300 $ 31,666 The recommendation was to award the contract to Concast Corporation in the amount of$198,293.20. 6 4. AWARD OF PROPOSAL 05-01, PARK AND FACILITY LANDSCAPE MAINTENANCE This is a request for the City Council to approve the contract with Mariposa Horticultural Enterprises, Inc. for park and facility landscape maintenance. This agreement furthers two Council strategic priorities of (1) enhancing the quality of life for Glendale residents, and (2) projecting a positive image of Glendale. Two proposals were received to provide landscape maintenance for 60 parks and 19 city facilities including fire stations, community centers, adult center, public libraries, and city hall. Landscape maintenance includes, but is not limited to, mowing and care of turf, shrub, and tree pruning, fertilization, weed control and trash collection. Service shall begin April 1, 2005 and continue for one year. The proposal specifications contain an option clause that will allow the city, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. An evaluation panel, consisting of staff from the Parks and Recreation Department, reviewed the offers received. Specific evaluation factors included: compliance with specifications, cost of service, cost of additional work, references and capabilities. Mariposa Horticultural Enterprises Inc. submitted the offer that was scored the highest and selected for recommendation by the evaluation committee. On February 22, 2000, the City Council approved proposal 99-74 for Park and Facility Landscape Maintenance. This contract expires March 28, 2005. This contract will assist the city in meeting park maintenance standards and provide residents with safe and attractive parks. Funding is available in the Parks Maintenance Operating Budget. Cost will be shared: $270,050 will come from Central District Parks, Account Number 01-6226- 7330, and $455,384 will come from North District Parks, Account Number 01-6227- 7330. The Fiscal Year 2004-05 operating budget will cover one-fourth of the contract costs (April through June) and the remainder will be covered by the Fiscal Year 2005- 06 budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $725,434 $725,434 Account Name, Fund, Account and Line Item Number North District Parks 01-6227-7330 for$455,384 and Central District Parks 01-6226-7330 for $270,050 7 The recommendation was to award the contract for Parks and Facility Landscape Maintenance to Mariposa Horticultural Enterprises Inc. in an amount not to exceed $725,434. 5. AWARD OF PROPOSAL 05-02, RETENTION BASIN LANDSCAPE MAINTENANCE This is a request for the City Council to approve the contract with United Right- of-Way for retention basin landscape maintenance. This agreement furthers two Council strategic priorities of (1) enhancing the quality of life for Glendale residents, and (2) projecting a positive image of Glendale. Six proposals were received to provide landscape maintenance for 18 retention basins throughout the city. Landscape maintenance includes, but is not limited to: mowing and care of turf, shrub, and tree pruning, fertilization, weed control and trash collection. Service shall begin April 1, 2005 and continue for one year. The proposal specifications contain an option clause that will allow the city, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. An evaluation panel, consisting of staff from the Parks and Recreation Department, reviewed the offers received. Specific evaluation factors included: compliance with specifications, cost of service, cost of additional work, references and capabilities. United Right- of-Way submitted the proposal that was scored the highest and was selected for recommendation by the evaluation committee. On February 22, 2000, the City Council approved proposal 99-74 for Park and Facility Landscape Maintenance. The contract expires on March 28, 2005. This contract will ensure that retention basins throughout the city meet or exceed Park Maintenance Standards and provide residents with safe and attractive parks. Funding is available in the Parks Maintenance Operating Budget. Cost will be shared: $45,745 will come from Central District Parks, Account Number 01-6226-7330 and $6,633 will come from North District Parks, Account Number 01-6227-7330. The Fiscal Year 2004-05 operating budget will cover one-fourth of the contract costs (April through June) and the remainder will be covered by the Fiscal Year 2005-06 budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $52,378 $52,378 Account Name, Fund, Account and Line Item Number North District Park 01-6227-7330 for $6,633 and Central District Parks 01-6226-7330 for $45,745 8 The recommendation was to award the contract for retention basin landscape maintenance to United Right-of-Way in an amount not to exceed $52,378. CONSENT RESOLUTIONS 6. GRANT SUBMITTAL FOR SUNNYSIDE DRIVE BRIDGE AND TRAIL RENOVATION This is a request for the City Council to approve an Arizona State Parks Heritage Trails Fund grant application to construct a bridge for pedestrians, bicyclists, and equestrians across the Arizona Canal and to accept the grant if awarded. The project is located at Sunnyside Drive and North 50th Avenue at the Arizona Canal. This grant application addresses the Council goal of encouraging the identification of alternative funding sources for high priority community projects. This project will create a needed linkage to the Thunderbird Paseo and historic Sun Circle Trail system. Representatives of the Joy Ranchos neighborhood asked the city for a bridge across the Arizona Canal at Sunnyside Drive and 50th Avenue. The non-motorized bridge would allow hikers, bicyclists, and equestrian trail users access to recreational facilities along Thunderbird Paseo Linear Park. It would also provide a valuable multi- city linkage to many miles of recreational facilities along the historic Sun Circle Trail. At that time, two considerations prevented construction of this bridge. Capital funding was not allocated for the project, and a safe trail underpass at 51st Avenue and Cactus connecting to this crossing was not available. In 2004, the cities of Glendale and Phoenix agreed to partner with ADOT to construct a multi-use underpass at Cactus and 51st Avenue. The Sunnyside Drive Bridge will allow trail users to cross the canal and use this underpass to access the Thunderbird Paseo Linear Park trail system. In 2002, the City Council adopted the Parks and Recreation Master Plan. Connectivity of parks and open spaces is a recommendation in this plan. Staff met with local neighborhood groups on several occasions and conducted site visits with representatives from Salt River Project (SRP) and the Bureau of Reclamation (BOR). Letters of support for this project were received from the Joy Rancho Neighborhood Association, SRP, BOR, Maricopa County Parks and Recreation, and the Glendale Equestrian Club. The bridge improves access to existing local recreational amenities, and helps trail users avoid the busy intersection at 51st Avenue and Cactus Road. The Sunnyside Bridge allows Glendale users access to the north side of the canal where they will be able to access the underpass and proceed directly to Thunderbird Paseo Linear Park through the trail system. The route will provide a safe crossing for pedestrians, 9 bicyclists and equestrians who now have to cross the canal at 51St Avenue and Cactus Road. The new handicap accessible ramp associated with this project will open this recreational area to wheelchair users and physically limited individuals. The city's General Plan and area-specific plans recommend improvements to reduce geographical barriers to public recreational facilities presented by the city's canals. In every recreational and citizen satisfaction survey conducted during the past 10 years, Glendale residents identified walking and biking trails among the top five most important recreational facilities. The project scope involves engineering costs, bridge abutments and pylons, a 70-foot prefabricated bridge, 125 feet of ADA trail ramping, and signage. The total project cost is estimated to be $215,535, and the Heritage Trail grant request is $107,767. Funds to complete this project are in the city's Capital Improvement Program, account #35-8521, Thunderbird Paseo Park Development. The federal BOR will reimburse the city for half of the project cost under an existing cost-sharing agreement. The Heritage Fund grant, if awarded, will cover the remaining 50% of the project cost. The project will be completed with City of Glendale funds, as budgeted in the Fiscal Year 2004-05 CIP, Thunderbird Paseo Improvements (35-8521), if the Heritage Grant application is not funded. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $215,535 Account Name, Fund, Account and Line Item Number: CIP Account#35-8521, Thunderbird Paseo Park Development The recommendation was to waive reading beyond the title and adopt a resolution approving an Arizona State Parks Trails Grant application and authorizing the required matching funds and acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies, and Heritage Fund contractual guidelines. Resolution No. 3834 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ARIZONA STATE PARKS FISCAL YEAR 2005 TRAILS HERITAGE FUND APPLICATION FOR THE SUNNYSIDE DRIVE BRIDGE AT NORTH 50TH AVENUE. 8. METROPOLITAN MEDICAL RESPONSE SYSTEM RESOLUTION 10 This is a request for the City Council to adopt a resolution requesting the federal government continue to appropriate full funding of the Metropolitan Medical Response System (MMRS) program. This resolution adheres to the Council goal to advocate for the continuation of federal appropriations that will directly benefit the residents of the city. Council approved the Coordinated Federal Program on February 1, 2005. Included in the Federal Program was a federal legislative agenda that supports all public safety programs that benefit the city. Glendale has received grant funds for the MMRS program since 1999 as part of a 122-city national program. The funding for MMRS is again in jeopardy in the federal budget. Staff coordinated a trip to Washington D.C. in February to lobby key members of Congress and the Office of Domestic Preparedness to assure the full appropriation for the program is included in the final process. This resolution will be sent to key members of Congress, their staff and Arizona's delegation to show the support of the city for the program. Glendale's resolution will be part of a package that includes many of the other 121 MMRS cities' resolutions. This resolution will show the city's support for the MMRS program, which allows the Glendale Public Safety Departments to provide the first line of defense in mass casualty events. The recommendation was to waive reading beyond the title and adopt a resolution requesting that the federal government appropriate full funding of the Metropolitan Medical Response System program. Resolution No. 3836 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REQUESTING THE FEDERAL GOVERNMENT TO CONTINUE TO APPROPRIATE FULL FUNDING OF THE METROPOLITAN MEDICAL RESPONSE PROGRAM TO PROTECT OUR NATION'S CITIES. 9. INTERGOVERNMENTAL AGREEMENT AMENDMENT FOR PHASE 1 OF THE LOOP 101/BETHANY HOME ROAD INTERCHANGE This is a request for the City Council to adopt a resolution authorizing the entering into of an amendment to an existing Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) for enhancements to Phase 1 of the Bethany Home Road traffic interchange at Loop 101. This request supports the Council strategic priorities of creating transportation options and managing growth and preserving neighborhoods. In November of 2001, Glendale voters approved funding the construction of Bethany Home Road, from 83`d to 99th Avenues, as part of the GO transportation 11 election. ADOT has programmed money to provide partial funding of the interchange. The ADOT design money is programmed for fiscal year 2006. The Maricopa Association of Governments (MAG) also included the Loop 101/Bethany Home Road interchange on the list of projects that will be funded as part of the extension of the one- half cent sales tax to fund regional transportation projects. In October of 2003, the Citizens Transportation Oversight Commission recommended up to $500,000 in GO program funds to design the south half of the Loop101/Bethany Home Road interchange, subject to repayment by ADOT in 2006. In August of 2002, the City of Glendale entered into agreements with the Arizona Sports and Tourism Authority (AZSTA) and the National Football League Arizona Cardinals to locate a multi-purpose facility near Loop 101 and Bethany Home Road. The multi-purpose facility will serve as the home of the Arizona Cardinals and the Fiesta Bowl beginning with the 2006 football season. This amendment provides for construction of Bethany Home Road between the Loop 101 interchange and 99th Avenue, installation of a 16-inch water line, and construction of a traffic signal at 99th Avenue and Bethany Home Road. Staff worked with the Cardinals, AZSTA, MAG, and ADOT on the traffic analysis, design concepts, funding, and scheduling of this project. On October 22, 2002, the Council awarded a professional services contract in the amount of $217,517 to HDR Engineering, Inc. to prepare the Design Concept and Environmental Determination Report for the Loop 101/Bethany Home Road interchange. On April 30, 2004, the City Council entered into an agreement with ADOT for final design of Phase 1 of the Bethany Home Road interchange. Construction of Bethany Home Road from 91st and 99th Avenues is an important component of the transportation system in this part of Glendale. The success of development in this area will enhance the overall quality of life for Glendale residents. The Loop 101/Bethany Home Road interchange is a critical part of the stadium event traffic management plan and will create transportation alternatives. This interchange, along with the construction of Bethany Home Road and 95th Avenue near the stadium, will reduce the amount of event traffic on 91st Avenue. The improved access in this area will help support economic development at Westgate and the surrounding area. A Bethany Home Road connection between the Loop 101 interchange and 99th Avenue will provide additional routes to and from the Glendale Arena and the Cardinals Stadium, thus improving traffic flow on roadways around the sports facilities. Glendale voters approved funding for the construction of Bethany Home Road, from 83rd to 99th Avenues. All adjoining property owners were contacted by mail as part of the environmental assessment process. Staff and Arizona Cardinals representatives met with representatives of the neighborhood east of the sports facilities to discuss traffic impacts and proposed roadway improvements. 12 City of Glendale funds for Bethany Home Road, 83rd to 99th Avenues, are programmed as part of the GO Transportation Program. The cost for roadway, waterline, utility relocation, and traffic control enhancements to Phase 1 of the Loop 101/Bethany Home Road traffic interchange is $723,964.67. Funds for these enhancements are available in the city Capital Improvement Program (CIP) in the Bethany Home — 83rd to 99th account. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $723,964.67 $723,964.67 Account Name, Fund, Account and Line Item Number: Bethany Home-83rd to 99th Account No: 25-9466-8300 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an amendment to an existing Intergovernmental Agreement with the Arizona Department of Transportation for enhancements to Phase 1 of the Bethany Home Road traffic interchange. Resolution No. 3837 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 AMENDMENT NO. ONE (1) TO THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION ENHANCEMENTS TO THE BETHANY HOME ROAD SOUTH-HALF TRAFFIC INTERCHANGE PROJECT. It was moved by Eggleston, and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 6, 8 and 9, including the approval and adoption of Resolution No. 3834 New Series, Resolution No. 3836 New Series, and Resolution No. 3837 New Series. The motion carried unanimously. 7. GRANT SUBMITTAL FOR WESTERN GLENDALE REGIONAL PARK PHASE II DEVELOPMENT Deputy City Manager Gloria Santiago-Espino spoke on this item. This is a request for the City Council to approve submittal of an Arizona State Parks Heritage Fund Land and Water Conservation Fund Grant application to develop six acres of the 88-acre regional park located at 83rd Avenue and Bethany Home Road. The grant request is $900,000. 13 This project is consistent with the council goals of projecting a positive image in Glendale and enhancing the quality of life for Glendale residents. The grant application addresses the Council goal of encouraging the identification alternative funding sources for high priority community projects. The city recently developed seven acres of the planned 88-acre regional park at 83rd Avenue and Bethany Home Road. Phase II of the regional park involves the remaining 81-acres and is currently in the design phase. Amenities include ballfields, parking, an eight-acre urban lake, restrooms, playgrounds, landscaping, a dog park, and a picnic pavilion. Approximately six acres on the southwest section of the regional park will be dedicated to a group pavilion, a dog park, and a riparian stream corridor that feeds the urban lake. This pavilion will include barbeque grills, preparation tables, clean-up stations, serving areas, picnic tables, and will be surrounded by 13-15 large, lighted, open pavilions designed to accommodate up to 700 people. There also will be three lighted sand volleyball courts, a tot lot, and an open play area. The two-acre turf area dog park will be enclosed with an aesthetically pleasing fence and will have separate areas for large and small dogs. The riparian area will be confined to the lake edge and stream corridor. To emphasize the stream corridor, there will be opportunities for education and interpretative signage along rocky edges and wetland pockets. Once developed, this property will provide a regional park and meet the level of service requested by the Glendale residents in the Parks and Recreation Master Plan. Public input gathered for the 2002 Parks and Recreation Master Plan identified another regional park similar to Sahuaro Ranch as a priority. This input was generated through public meetings held in 2001, and a citywide survey conducted in 1999. The total cost of the Phase II is $1,979,344. This amount is included in the preliminary CIP as the Western Area Regional Park (36-8948). Council has not approved the Fiscal Year 2005-06 budget as proposed in the preliminary Capital Improvement Plan (CIP), but will consider the preliminary CIP as part of the budget workshops scheduled for March and April of 2005. The project will be completed with City of Glendale funds, as proposed in the Fiscal Year 2005-06 CIP (36-8948), if the Heritage Grant application is not funded. Grants FY05-06 One-Time Cost Budgeted Unbudgeted Total Capital Expense X $1,979,344 Account Name, Fund, Account and Line Item Number: CIP Account Western Area Regional Park (Park Bond Fund) 36-8948-8330 The recommendation was to waive reading beyond the title and adopt a resolution approving an Arizona State Parks Heritage Fund Land and Water Conservation Fund Grant application and authorizing the required matching funds and 14 acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies, and Heritage Fund contractual guidelines. Vice Mayor Eggleston stated he supports the grant request, but has a question regarding an item on Page 5 of the narrative. He asked why they list SuperBowl related events as a reason to approve the grant request when the Bowl game will not occur for another three or four years. Ms. Santiago explained they hope the park will be available for local residents related activities that occur when national sports events take place. Councilmember Goulet asked if the Council would be committing a portion of the city's budget if the resolution were approved. Ms. Santiago responded no, explaining the city has budgeted funds for the project and those funds will be freed up for use throughout the city if the grant is received. Councilmember Goulet asked if the application is due this month. Ms. Santiago said, according to the state, Council has to approve the Resolution this month. Councilmember Goulet asked what would happen to the grant funds if the city were unable to commitment the necessary funding in the future. Ms. Santiago said the city would have the option of turning the grant back without penalty. Councilmember Martinez asked how the subject application fits in with other projects throughout the city that also meet the criteria for a Heritage Grant. Ms. Santiago said staff identified projects it believed would be most successful in the very competitive process. She said when evaluating parks they use the Master Plan guidelines established in 2002 and the CIP. Councilmember Martinez asked if the SuperBowl would have any impact on anything Council approves with regard to the grant application. Ms. Santiago said the only commitment the city made to the state was that the land would remain a park for 25 years. Mayor Scruggs asked how much leeway would the city have in terms of modifying the description of what will be done with the six acres. Ms. Santiago said the city has identified in the scope of work that a ramada, a dog park and a riparian stream will be built within the six acres. Mayor Scruggs referenced an email from Ms. Shirley Medler, Deputy Director and Mr. Pete Vargas, Parks Supervisor dated March 4, 2005 that says future dog parks shall be a minimum of three acres, noting the proposed project calls for a two-acre dog park. She questioned if the remaining three acres will be adequate to accommodate 13 to 15 lighted pavilions that are capable of accommodating up to 700 people, three lighted sand volleyball courts, tot lots and an open play area, along with the riparian stream. Ms. Santiago explained the state allows for amendments to the scope of work if during the design phase the city determines amendments are necessary. She agreed the city's goal is for dog parks to be a minimum of three acres; stating, however, they look at each individual site to determine what can best be accommodated. Mayor Scruggs commented without the grant, the city has $500,000 for parks throughout the remainder of the city through 2009. She said, however, the grant 15 application characterizes the park as a destination for people throughout the west valley. She expressed her opinion staff should not stray from the minimum standard it set for dog parks. In response to Councilmember Clark's question, Ms. Santiago said the park would be classified as a Regional Park, explaining Regional Parks are comprised of 50 to 200 acres and accommodate 1,000 people per acre. Councilmember Clark asked when was the park originally identified as being needed in the city. Ms. Santiago said the issue first surfaced in the mid-80's. Councilmember Clark asked if the idea of the park preceded the Fiesta and Super Bowls. Ms. Santiago said the park has been in planning documents for some time. Councilmember Lieberman stated two acres could easily accommodate 700 people, noting the ramada area at Sahuaro Ranch Park does not even measure one acre. Resolution No. 3835 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ARIZONA STATE PARKS FISCAL YEAR 2005 LOCAL, REGIONAL AND STATE PARKS HERITAGE FUND APPLICATION FOR THE WESTERN GLENDALE REGIONAL PARK PHASE II. It was moved by Eggleston and seconded by Frate to approve the recommended actions on Consent Agenda Item Nos. 7, including the approval and adoption of Resolution No. 3835 New Series. Councilmember Clark said this is a preview of what the Council can expect to see at the Capital Improvement Program budget work sessions. She stated this is but the first attempt by some members of the Council to delay or eliminate amenities scheduled for the subject park and western Glendale. She said attacking the submittal because the dog park is one acre smaller than recommended by staff or out of fear that money will not be there in the future is but a smokescreen and an attempt to remove as many amenities as possible and delay the park. She expressed her opinion the citizens of Glendale are being served poorly by these tactics. Councilmember Martinez noted a regional park and multi-generational facility has been under development in his district for at least eight years and an aquatic center that has been in the budget for several years has yet to be built. He stated there are needs throughout the city, noting there are no ramadas in the Cactus District. He assured Councilmember Clark his comments are not intended as an attack on the western part of the city, stating he agrees residents in the western area deserve as much as residents in any other part of the city. He said, in his opinion, an assessment of the entire city should be done before determining where the money should be spent. Mayor Scruggs commented the Foothills Regional Park has been under development for twenty years since the mid-1980's and serves citizens throughout 16 Glendale and the west valley. The existing softball fields; library; dog and skateboard parks plus the planned community and aquatic center are all part of the Foothills Regional Park. She said the dog park situation is very serious because the city will have failed if it suffers the same problems as the dog park up north. Mayor Scruggs asked what are we committed to with the 6 acres if we get the grant. She explained Presley Homes originally owned the property, where the 88-acre park will be, and intended to build homes on the site, but residents in the area wanted the city to purchase 38 of the 88 acres to fulfill the General Plan, which called for a 38- acre regional park. In 1998, she was the one that recommended to the City Council and the city agreed that the entire 88 acres be purchased to accommodate a campus of services. Councilmember Martinez suggested the city would have been better off had they waited to find a more suitable site for the dog park in the northern part of the city, stating it is too small. Councilmember Lieberman referenced the Scope of Material, pointing out it calls for the dog park to be approximately two acres. Mr. Beasley agreed the city needs to provide consistency in terms of the amenities it offers at its parks. He said staff will discuss equal distribution of parks throughout the city and how financing of the parks come about. Upon a call for the question, the motion carried unanimously. BIDS AND CONTRACTS 10. AWARD OF CONTRACT — NOISE WALL PHASE FOUR, 59TH TO 67TH AVENUES Mr. Larry Broyles, City Engineer presented this item. This is a request for the City Council to award a construction contract to Valley Rain Construction Corporation to build noise walls along a segment of Loop 101, between 59th and 67th Avenues. This is the fourth phase of the noise wall construction along Loop 101 from Union Hills Drive to 51St Avenue. This phase completes the installation of noise walls recommended in the "Noise Impacts Assessment and Mitigation Report for Loop 101" prepared by Parsons Transportation Group in 1999. One of the Council's strategic priorities is to enhance the quality of life for the citizens of Glendale. Construction of the noise walls will mitigate sounds generated by the freeway and improve the quality of life for residents of Glendale living in the vicinity of this segment of Loop 101. 17 Traffic on the Loop 101 freeway has increased significantly over the past several years, increasing the noise levels adjacent to the freeway. In 1999, a noise impact assessment was conducted to determine the level of noise in the vicinity of the freeway. Noise walls have been constructed on three segments of the freeway to help mitigate the sound. The segments include 51st to 58th Avenues completed in 2000; Union Hills Drive to 75th Avenue completed in 2002; and 67th to 75th Avenues completed in late 2004. The noise study was updated in 2002 that confirmed the effectiveness of the noise mitigation measures being constructed. ADOT constructed a rubberized asphalt overlay of the freeway as another means for reducing the sound levels on the freeway in October 2003. On January 13, 2004, the Council approved a professional services agreement with Parsons Transportation for the design and construction administration for this segment of the noise wall. An intergovernmental agreement with the Arizona Department of Transportation was approved by Council on November 9, 2004 for cost sharing for over sizing the wall foundation to provide support for additional height in the future should it become warranted. On February 24, 2005 one bid was received and opened. Valley Rain Construction Corporation, a qualified licensed contractor, submitted a bid in the amount of $2,226,336.60. Engineering believes the specialty of the work and the limited availability of construction contractors were factors in receiving only one bid. Traffic on the Loop 101 has increased significantly over the past few years. Noise levels have increased to a degree that Council provided funding in the Capital Improvement Program (CIP) to construct the noise wall. The noise wall, combined with the recent rubberized asphalt overlay, will reduce the noise level to an acceptable level. A public meeting for this project was held on June 17, 2004 to discuss the project with the citizens in the area. The attendees of the meeting were in support of the proposed noise wall. To cover the construction cost for this project, funds in the amount of $63,445 need to be transferred from 67th Ave. ACDC to Bell Rd, Account No. 61-9564-8300 and $25,000 from 67th Ave. Pinnacle Peak-Isabell, Account No. 61-9557-8330 into Loop 101 Noise Wall, Account 61-9627-8300. Funds totaling $1,688,336.60 will be available in the Fiscal Year 2004-05 CIP in Loop 101 Noise Wall (61-9627) after the identified transfers are completed. An additional $538,000 would come from the same project in Fiscal Year 2005-06 as proposed in the preliminary CIP. The Council has not approved the Fiscal Year 2005-06 budget as proposed in the preliminary CIP, but will consider the preliminary CIP as part of the budget workshops scheduled for March and April of 2005. 18 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $2,226,336.60 Account Name, Fund, Account and Line Item Number: FY 04-05: Loop 101 Noise Wall, Account No. 61-9627-8300 $1,688,336.60 FY 05-06: Loop 101 Noise Wall, Account No. 61-9627-8300 $538,000 The recommendation was to authorize the transfer and award the contract to Valley Rain Construction Corporation in the amount of$2,226,336.60. It was moved by Martinez, and seconded by Frate, to authorize the transfer and award the contract to Valley Rain Construction Corporation in the amount of $2,226,336.60. The motion carried unanimously. 11. PROFESSIONAL SERVICES AGREEMENT — CHOLLA WATER TREATMENT PLANT FILTER RETROFIT AND ENHANCEMENT PROJECT, PHASE TWO Mr. Larry Broyles, City Engineer and Mr. Ken Reedy, Deputy City Manager presented this item. This is a request for the City Council to approve a professional services agreement with the firm of Malcolm Pirnie, Inc. for performance of phase two, the final design of the Cholla Water Treatment Plant Filter Retrofit and Enhancement Project. Malcolm Pirnie was also tasked to extend their water quality testing for Cholla Water Treatment Plant to provide water process information for the new Zone 4 Water Treatment Plant since both plants use the same source of water and the equipment needed for the test did not have to be re-established. The Cholla Water Treatment Plant was originally constructed in 1978 and includes four filters. This project will rehabilitate and retrofit the four existing filters, will also add two new filters to provide additional operational flexibility, and make the plant better able to process the raw water supply. The improvements will allow for continued plant compliance with changes in state and federal drinking water standards. On April 27, 2004, Council approved a professional services agreement with Malcolm Pirnie, Inc, for phase one, preliminary design services on the Cholla Water Treatment Plant Filter Retrofit and Enhancement Project This project will provide improved plant operation flexibility and will allow the plant to remain in compliance with federal and state regulations. Public meetings are required to be held as part of the scope of work for this project. 19 The cost for Malcolm Pirnie to perform phase two of the Cholla Water Treatment Plant (WTP) Filter Retrofit and Enhancement Project will not exceed $1,241,443. The work related to testing will also be used for the new water treatment plant project; therefore funding for this work, in the amount of $1,163,199 is available in Cholla WTP Process Improvements, Account No. 83-9286-8330, while the remaining $78,244 will come from Additional Water Capacity, Account No. 83-8056-8330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $1,241,443 Account Name, Fund, Account and Line Item Number: Cholla WTP Process Improvements, Account No. 83-9286-8330, $1,163,199 Additional Water Capacity, Account No. 83-8056-8330, $78,244 The recommendation was to approve the professional services agreement with Malcolm Pirnie, Inc. in an amount not to exceed $1,241,443. Councilmember Lieberman said he thought the city enhanced the quality of the filtration system eight years ago. Mr. Broyles said, while they probably reconstituted the sand filters, the proposed enhancement would replace the existing filters with granulated, activated carbon filters. It was moved by Eggleston, and seconded by Martinez, to approve the professional services agreement with Malcolm Pirnie Inc., in an amount not to exceed $1,241,443. The motion carried unanimously. ORDINANCES 12. PROPERTY ACQUISITION ALONG THE NORTH SIDE OF MARYLAND AVENUE, EAST OF 83Nu AVENUE Ms. Kathy Sholly, Property Manager presented this item. This is a request for the City Council to authorize the acquisition of 8,201 square feet of land on the north side of Maryland Avenue, east of 83rd Avenue. This property is needed as right-of-way for Maryland Avenue. Acquisition and development of this right-of-way supports the Council's priorities of ensuring public safety and creating transportation options. In 2004, while designing Glendale Onboard (GO) Program intersection improvements, it was determined that additional right-of-way was required along Maryland Avenue. 20 On November 6, 2001, voters approved Proposition 402, which authorized a half-cent sales tax for transportation purposes. The Citizens Transportation Oversight Commission (CTOC) has recommended, and the 2005-2014 Capital Improvement Program includes, $2.7 million for intersection improvements. Traffic flow through the intersection will be improved. Funds are available in 75th/83rd Glendale — Street Improvements, Account No. 25-9486-8100 $2,370 and Street Scallop Improvements, Account No. 31-8558-8100 $29,730. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $32,100 Account Name, Fund, Account and Line Item Number: 75th/83rd Glendale — Street Improvements, Account No. 25-9486-8100 $2,370 Street Scallop Improvements, Account No. 31-8558-8100 $29,730 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute the documents necessary to acquire the necessary right-of-way. Ordinance No. 2427 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 A PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF MARYLAND AVENUE, EAST OF 83RD AVENUE WITHIN THE CORPORATE LIMITS OF THE CITY OF GLENDALE FOR USE AS RIGHT-OF-WAY FOR MARYLAND AVENUE FOR THE GLENDALE ONBOARD TRANSPORTATION PROGRAM; AND DIRECTING THE EXECUTION OF ANY AND ALL DOCUMENTS FOR SAID ACQUISITION. It was moved by Lieberman, and seconded by Clark, to approve Ordinance No. 2427 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. 13. ARIZONA PUBLIC SERVICE UTILITY EASEMENT AT 17159 NORTH 63RD AVENUE Ms. Kathy Sholly, Property Manager presented this item. This is a request for the City Council to grant an underground electrical power easement in favor of Arizona Public Service (APS) for electrical service to the city's new Fire Station 159 located at 17159 North 63rd Avenue. 21 The city requested APS to provide electrical power for the day-to-day business operations at the new fire station. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement in favor of Arizona Public Service. Ordinance No. 2428 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 FOR ELECTRICAL SERVICE FOR THE NEW FIRE STATION 159 AT 17159 NORTH 63RD AVENUE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2428 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. 14. ABANDONMENT OF ALLEYWAY BETWEEN 56TH AND 57TH AVENUES, BETWEEN GLENN DRIVE AND PALMAIRE AVENUE Ms. Kathy Sholly, Property Manager presented this item. This is a request for the City Council to authorize the abandonment of the 20-foot wide alleyway between 56th and 57th Avenues, north of Glenn Drive and south of Palmaire Avenue. The area to be abandoned contains 7,200 square feet and is not necessary for vehicle access. The abandonment of the alley right-of-way will allow for a more effective site plan from any potential developer. Authorizing this request supports the Council's goal to promote economic development and redevelopment in the city center. On January 19, 2004, a Request for Proposals (RFP) was sent out, targeting fine arts and cultural arts, for use of the former Adult Center. No proposals were received in response. As a result, the Council directed staff to demolish the former Adult Center and construct a temporary parking lot, which was completed December of 2004. Staff has been directed to publish a new RFP targeting a combined commercial/residential use. In order to optimize the sites potential, it is necessary to convert the site from 14 individual lots with a separating alley to a single large lot. The first step in this process is to abandon the alleyway. No objections to abandoning the right-of-way have been received from any other city department or utility company servicing the area. The city will reserve an easement within the alley for its existing underground sewer line. 22 The recommendation was to waive reading beyond the title and adopt an ordinance abandoning the alley between 56th and 57th Avenues, and between Glenn Drive and Palmaire Avenue. Ordinance No. 2429 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 ABANDONMENT OF AN ALLEYWAY BETWEEN 56TH AND 57TH AVENUES, BETWEEN GLENN DRIVE AND PALMAIRE AVENUE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2429 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. 15. ABANDONMENT OF RIGHT-OF-WAY ALONG THE WEST SIDE OF 71ST AVENUE, NORTH OF BETHANY HOME ROAD Ms. Kathy Sholly, Property Manager presented this item. This is a request for the City Council to authorize the abandonment of 4,125 square feet of unused right-of-way on the west side of 71st Avenue, 425 feet north of Bethany Home Road. Iglesia De Cristo Ministerios Lamada made the request to abandon the unused right-of-way and no objections to that abandonment have been received from any other city department or utility company providing service in the area. The west side of the 71st Avenue right-of-way, from Bethany Home Road north to Claremont Street, is 40-feet wide, with the exception of the right-of-way along the Iglesia De Cristo Ministerios Lamada parcel. Here the right of way widens to 65 feet. No street improvements have been made, nor is this right-of-way necessary for vehicle access. There are no utilities or other facilities within the area requested to be abandoned. The recommendation was to waive reading beyond the title and adopt an ordinance abandoning a portion of the 71st Avenue right-of-way, north of Bethany Home Road. Ordinance No. 2430 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 ABANDONMENT OF RIGHT-OF-WAY ALONG THE WEST SIDE OF 71ST AVENUE, NORTH OF BETHANY HOME ROAD TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. 23 It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2430 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. AMENDMENT TO CITY CODE RELATING TO THE UNDERGROUNDING OF OVERHEAD UTILITY LINES Mr. Larry Broyles, City Engineer presented this item. This is a request for the City Council to adopt an ordinance amending the Glendale Municipal Code, Chapter 32.5-5, relating to the undergrounding of overhead utility lines. These amendments will prohibit utility pole support wires from obstructing safe vehicle passage within in the limits of an alleyway or driveway and will extend the area developers are required to underground utilities. The approval of this amendment addresses neighborhood beautification, resident safety and customer service with the potential to reduce downed utility lines resulting in loss of services. This amendment will also have a significant impact to our City's neighborhood beautification program. The previous requirement for developers was to underground utility lines only to the property line surrounding site development. This resulted in new poles being placed at the property lines rather than extending the undergrounding to the nearest existing pole. Also, the proposed amendment to the existing City Code will require that all above ground utility structures, including down support wires, shall not be placed anywhere within the limits of an alleyway or driveway which may obstruct safe vehicle passage. Once approved, this amendment will apply to all new development within the city. Chapter 32.5-5 was last amended in 1997. This amendment will have a significant impact to the city's neighborhood beautification program and addresses concerns regarding the potential loss of services caused by downed utility lines. It will also improve city services in areas where accessibility is reduced or prohibited. The recommendation was to waive reading beyond the title and adopt an ordinance amending the Glendale Municipal Code, Chapter 32.5-5, relating to utility undergrounding regulations. Ordinance No. 2431 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE SEC. 32.5-5 REGARDING THE UNDERGROUNDING OF OVERHEAD UTILITY LINES. 24 It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2431 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. 17. AMENDMENTS TO CITY CODE RELATING TO THE DEFINITION OF OWNER(S) OF RECORD Ms. Tamika Cheatham, City Prosecutor presented this item. This is a request for the City Council to amend language in Chapter 25, Section 25-38 and Chapter 29.1, Section 29.1-33 of the Glendale City Code. The proposed city code amendments to the definition of "owner(s) of record" are needed to comply with a State Court of Appeals ruling. The proposed city code amendments will ensure that the relevant city code language is in compliance with a State Court of Appeals ruling. In a court case involving another jurisdiction, the State Court of Appeals ruled that the word "shall", as used to establish legal responsibility for a property, is unconstitutional. This ruling impacts certain sections of the Glendale City Code. The affected code sections in part read that, "the owner(s) of record, as recorded in the Maricopa County Recorder's Office, shall be presumed to be a person to have lawful control over any building or parcel of land." The court ruled that the pertinent language creates a mandatory presumption and relieves the state from having to prove that the owner of record had lawful control of the property. It shifts the burden of proof to the defense and is therefore unconstitutional. The court found that the word "may" is an acceptable alternative. The proposed city code amendments will ensure that the pertinent code language is in compliance with a court ruling and will help to eliminate legal challenges that may arise when it is necessary for the city to litigate cases involving violations of the Glendale City Code. The recommendation was to waive reading beyond the title and adopt an ordinance amending Section 25-38 and Section 29.1-33 relating to the definition of owner(s) of record. Mayor Scruggs commented on the series of impacts one situation can have on other documents. 25 Ordinance No. 2432 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 25, ARTICLE III, SEC. 25-38 AND CHAPTER 29.1, ARTICLE III, SEC. 29.1-33 AMENDING THE DEFINITION FOR OWNER(S) OF RECORD. It was moved by Lieberman, and seconded by Clark, to approve Ordinance No. 2432 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. PUBLIC HEARING - RESOLUTION 18. COMMUNITY DEVELOPMENT BLOCK GRANT FIVE-YEAR CONSOLIDATED PLAN AND ANNUAL ACTION PLAN Mr. Gilbert Lopez, Revitalization Administrator presented this item. This is a request for the City Council to conduct a public hearing and authorize the submission of the Five-Year Consolidated Plan for Fiscal Years 2005-09 and the Annual Action Plan for Fiscal Year 2005-06 to the U.S. Department of Housing and Urban Development (HUD). The City of Glendale General Plan and the City Center Master Plan identify the community's vision and goals in regards to community development. The Five-Year Consolidated Plan complements both of these plans. The Community Development Advisory Committee (CDAC) formulated its recommendations based upon the following funding priorities, provided by Mayor and Council for Fiscal Year 2005-06: • Housing-Related Projects (e.g., infill housing, housing rehabilitation) • Clearance and Demolition of Blighting Conditions • Programs that Prevent Homelessness • Programs Related to Domestic Violence • Programs Related to Employment Services (training, job seeking assistance) • Programs that Benefit Seniors and Youth The Five-Year Consolidated Plan is a community and needs driven strategic plan that identifies the housing and community development needs, priorities, goals, and strategies for the City of Glendale. It outlines in general terms how funding is to be allocated throughout the life of the plan to meet identified needs. The Annual Action Plan is the yearly implementation tool that outlines all proposed funding for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Downpayment Initiative (ADDI), and Emergency Shelter Grants (ESG) Program 26 funds. These two documents are required by HUD in order to qualify and continue receiving funding under these federal programs. The CDAC, staff and consultants conducted an extensive public process for the review and adoption of the Five-Year Consolidated Plan, and also an extensive review process for the use of Fiscal Year 2005-06 CDBG, HOME, ADDI, and ESG Program funds. This process included the review of 50 applications, and formal presentations by each of the applicants. The CDAC's funding recommendations are listed on the attached Annual Action Plan summary. Five-Year Consolidated Plan: An extensive public process that included public hearings and focus group meetings began in September of 2004. Presentations to the general public were conducted at four locations. Stakeholder meetings were conducted with the general public, the Mayor, the City Council, non-profit agencies, and city departments. A copy of the Five-Year Consolidated Plan Executive Summary was a part of the council communication distributed to the Council prior to the meeting. Annual Action Plan: Mr. John Turbridy, CDAC Chairman, presented the proposed funding recommendations for CDBG, HOME, ADDI, and ESG program funds to the Mayor and Council at the February 1, 2005 Council Workshop. Since Fiscal Year 1977-78, Glendale has received approximately $40 million in CDBG funds to assist thousands of homeowners and individuals with services that provide safe, decent housing, and improve their living conditions. The housing rehabilitation programs provide funding for much needed repairs for heating and cooling systems, electrical, plumbing, and other critical components. Beginning in Fiscal Year 2004, the city received $99,167 of ESG funding to specifically assist with homelessness. Since 1992, the city has received approximately $6.9 million in HOME/ADDI program funds that are used specifically for housing-related programs. The citizen participation process conducted to prepare the Five-Year Consolidated plan and for the use of Fiscal Year 2005-06 HUD federal funding included the following actions: On August 12, 2004, notices announcing the Fiscal Year 2005-06 CDBG/ESG/HOME grant application cycle and orientation meeting were mailed to prospective applicants and a public notice was published in The Glendale Star. 27 On August 30, 2004, the Community Revitalization Division staff met with grant applicants to discuss Council priorities, the application process, and evaluation criteria. On September 22, 2004, the CDAC held a general meeting and public hearing to provide information and solicit input in the development of the Five-Year Consolidated Plan and discuss priorities for the use of CDBG, ESG, and HOME/ADDI funds. On November 3, 2004, the CDAC received the grant applications for their review. On December 7, 8, and 15, 2004, the CDAC conducted three public hearings where applicants were given an opportunity to present their proposals before the committee. The CDAC also solicited input in the development of the Five-Year Consolidated Plan at the December 15, 2004 public hearing. On December 14, 2004, the Glendale Human Services Council and Community Revitalization staff facilitated a public forum to solicit input and commentary in the development of the Five-Year Consolidated Plan. On December 11 and 18, 2004, the CDAC conducted two public meetings to formulate their recommendations for Council review. On January 6, 2005, BBC Consulting and Community Revitalization staff facilitated a public forum to meet with representatives of non-profit agencies to solicit input and commentary in the development of the Five-Year Consolidated Plan. On January 6, 2005, the Glendale Human Services Council and Community Revitalization staff facilitated a public forum with the public to solicit input and commentary in the development of the Five-Year Consolidated Plan. The CDBG, HOME, ADDI, and ESG programs are federally funded. The CDBG program does not have a match requirement. The HOME program does require a 25% match from non-federal funds and the ESG program requires a 100% match. An annual match allocation of $25,000 is provided in the general fund budget as a supplement toward the required 25% match requirement for HOME projects administered by the city. The total match needed for the city's in-house projects could exceed $176,880, depending on the projects. Even so, no additional general funds are necessary as the additional match needed will be provided by saved match carryover and other eligible in-kind resources such as donated materials or volunteer hours. Outside agencies that apply for HOME funds are required to provide a portion of their own matching funds. The ESG funding will be allocated to outside agencies. Those agencies that apply for these funds will be required to provide the 100% required matching funds. 28 Grants Capital Expense One-Time Budgeted Unbudgeted Total Cost CDBG — $2,526,810 $2,526,810 HOME — $25,000 $779,690 $754,690 ADDI — $36,647 $36,647 ESG — $97,576 $97,576 Account Name, Fund, Account and Line Item Number Community Development Block Grant Fund 11 HOME Investment Partnerships Program Fund 10 American Dream Downpayment Initiative Fund 10 Emergency Shelter Grants Program Fund 38 General Fund Fund 01 The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution authorizing the approval of the Five-Year Consolidated Plan for FY 2005-09 and the Annual Action Plan for FY 2005-06, and submission of both plans to the U.S. Department of Housing and Urban Development. Mayor Scruggs opened the public hearing on Agenda Item No. 18. As there were no comments, Mayor Scruggs closed the public hearing. Resolution No. 3838 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING SUBMISSION OF THE FIVE- YEAR CONSOLIDATED PLAN FOR FISCAL YEARS 2005-09 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2005-06 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND FOR ACCEPTING A COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $2,526,810, A HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION IN THE AMOUNT OF $754,690, AMERICAN DREAM DOWNPAYMENT INITIATIVE FUNDING IN THE AMOUNT OF $36,647 AND EMERGENCY SHELTER GRANTS FUNDING IN THE AMOUNT OF $97,576. It was moved by Frate, and seconded by Goulet, to pass, adopt and approve Resolution No. 3838 New Series. The motion carried unanimously. 29 NEW BUSINESS 19. REAPPOINTMENT OF CITY JUDGE This is a request for the City Council to consider the reappointment of Ms. Jean Baxter as City Judge. Judge Baxter has served as City Judge since 1988. Her current term expires on April 26, 2005. She is eligible for reappointment to a four-year term. The Judicial Selection Advisory Board interviewed Judge Baxter on February 10, 2005, reviewed letters of recommendation received on her behalf, evaluated the confidential survey results conducted by an outside research firm, and voted unanimously to recommend her for reappointment. Letters were received by members of the public and were distributed to the Mayor and Council in judicial reappointment informational packets. The recommendation was to consider the reappointment of Ms. Jean Baxter as City Judge for a four-year term beginning April 26, 2005 and ending April 25, 2009. It was moved by Eggleston, and seconded by Clark, to appoint Ms. Jean Baxter as City Judge for a four-year term beginning April 26, 2005 and ending April 25, 2009. Mayor Scruggs noted Judge Baxter has served as a Glendale City Judge since 1988 and the Judicial Selection Advisory Board voted unanimously to recommend her reappointment. The motion carried unanimously. 20. REAPPOINTMENT OF PRESIDING JUDGE This is a request for the City Council to consider the reappointment of Ms. Elizabeth R. Finn as Presiding Judge. Judge Finn has served as Presiding City Judge since March 25, 2003. Her current term expires March 25, 2005. She is eligible for reappointment to a two-year term. The Judicial Selection Advisory Board interviewed Judge Finn on February 10, 2005, reviewed letters of recommendation received on her behalf, evaluated the confidential survey results conducted by an outside research firm, and voted unanimously to recommend her for reappointment. Letters were received by members of the public and were distributed to the Mayor and Council in judicial reappointment informational packets. 30 The recommendation was to consider the reappointment of Ms. Elizabeth Finn as Presiding Judge for a two-year term beginning March 25, 2005 and ending March 24, 2007; and set the annual salary for the term. It was moved by Eggleston, and seconded by Clark, to appoint Ms. Elizabeth R. Finn as Presiding Judge for a two-year term beginning March 25, 2005 and ending March 24, 2007; and set the annual salary for the term. Mayor Scruggs stated Judge Finn has served as Glendale's Presiding City Judge since March 25, 2003 and the Judicial Selection Advisory Board voted unanimously to recommend her reappointment. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to hold City Council Budget Workshops at 8:30 a.m. on Tuesday, March 29, 2005, at 8:30 a.m. on Tuesday, April 5, 2005 and at 1:30 p.m. on Tuesday, April 12, 2005 and to hold a City Council Workshop at 1:30 p.m. on Tuesday, April 5, 2005, all meetings to be held in Room B-3 of the City Council Chambers, and all to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Duke Wellington, a resident of the City of Glendale Ocotillo District, urged the city to employ cameras in its fight against speeding and red light running, stating every fatality in the city is the direct result of speeding. He asked that a Council member make a motion to establish a committee to study the essence of cameras. Mr. Andy Voss, a resident of the City of Glendale Ocotillo District, spoke about the preservation of the Calvary Baptist Church. He said the city distracted interested individuals while it went about finding a developer for the property. He said the Southwest Museum of Engineering, Computations and Communications' offer to purchase the building is a viable solution, noting the area south of the Calvary Chapel could provide adequate parking for the museum. He said there is no way multiple condo-style buildings can be fit into the location. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced her mother, Eleanor Shultz, passed away on March 13 after suffering from Alzheimer's disease. She thanked city personnel and the Mayor and Council for their sympathy and support. She also identified individuals who she felt went above and beyond the call of duty: Tom Cole, Eric Earhardt, Vanessa Bailey and John Calus from Engine 150C; Steve Carlson, Ron Hardt, Dave Jensen and 31 Paul Medina from Engine 151C; and Lynette Jalnik and Michael Carbohal from Alternative Response Van 158. She said most people think Hospice is strictly for the care of terminally ill people, explaining they have changed their mission to assist families who deal with long term illness prior to the point of it becoming terminal. She encouraged everyone to send a donation to Hospice of the West Valley in support of their mission. Councilmember Goulet congratulated Judge Baxter and Judge Finn for their reappointment and thanked them for their service to the community. He said he would host an event tomorrow night signifying the city's five-year partnership with Habitat for Humanity. Councilmember Lieberman thanked and congratulated Katherine McKinney on her appointment to the Commission on Persons with Disabilities. Councilmember Martinez announced he would host a neighborhood meeting March 30 at 6:30 p.m. at Sierra Verde Elementary School. Councilmember Frate invited families with children to the annual egg hunt at Sahuaro Ranch Park on Saturday, March 26. He urged everyone to watch children around water, noting three near drownings have occurred in the county since he last made his appeal. Mayor Scruggs congratulated Judge Baxter and Judge Finn ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. -amela Hanna - City Clerk 32