Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/12/2005 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, APRIL 12, 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. The Mayor welcomed the members of the MYAC, Mayor's Youth Advisory Commission. Callie Shawcress, Matthew Miller, Stephanie Hickes, Allison Edwards, Troy Merkle, Jacob Martinez and Jose Arrieta. The Mayor welcomed students from Cactus High School: Kelly Hansen and Lara White. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the six resolutions 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 22, 2005 COUNCIL MEETING It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the March 22, 2005 regular Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS PROJECT S.A.F.E. PROCLAMATION This is a request for the City Council to proclaim Project S.A.F.E. (Safety Awareness Family Education) in the City of Glendale. The Arizona Multihousing Association and 11 participating Glendale apartment communities that belong to the association have partnered with the American Red Cross and Allstate Insurance to provide adults and children who live in these association-member apartment properties with free family safety education training to prevent traumatic incidents of drownings and other water-related accidents, apartment fires, and missing children and adults. The instruction is being conducted at the swimming pools of 190 association-member apartment communities across Arizona on selected weekend days between March 16 and April 30, 2005, under the name Project S.A.F.E. 1 The recommendation was to present the Arizona Multihousing Association Project S.A.F.E. proclamation to Kathy Ferguson of Sagewood Apartments in Glendale, and Terry Feinberg, President of the Arizona Multihousing Association. Mr. Terry Feinberg, President of the Arizona Multihousing Association, thanked the Mayor and Council for their recognition. He noted the program is not only open to residents of the apartment communities, but to the surrounding neighborhoods as well. PROCLAMATION IN RECOGNITION OF NATIONAL CRIME VICTIMS' RIGHTS WEEK, APRIL 10 THROUGH APRIL 16, 2005 This is a request for the City Council to proclaim April 10 through April 16, 2005, as National Crime Victims' Rights Week. This proclamation would allow the City of Glendale to recognize crime victims' suffering, struggles and loss, as well as the services that try to aid these citizens through a trying time. The Glendale Police Department's Victims Assistance Caseworkers play a crucial role in ensuring that victims of crime are treated with dignity and respect. The Victims Assistance Unit is part of a national movement to better serve victims of crime. Glendale caseworkers assist over 25,000 victims a year. These highly dedicated staff members serve the citizens of Glendale around the clock. Glendale is proud to have professional victims assistance caseworkers to aid in reducing the impact of trauma on crime victims. Victims of crime in Glendale receive numerous services through the Glendale Police Department and the Victim Assistance staff, including crisis counseling, advocacy, and information and referral. This proclamation would allow these services to be recognized as services available to any person victimized in the city of Glendale. This proclamation would also allow the citizens of Glendale to know that if they are ever victimized they will be treated with the dignity and respect they deserve. The recommendation was to proclaim April 10 through April 16, 2005 as National Crime Victims' Rights Week. Nancy Ann O'Neal and Rosalee Maxwell will be present to accept the proclamation. Deborah Ruder was also present. Ms. Nancy O'Neal, Volunteer Victim Assistance Caseworker, said she and her volunteers, several of whom are present, appreciate the opportunity to volunteer for such worthwhile events. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 12, and Ms. Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 13 through 17 by number and title. 2 Councilmember Frate requested that item 7 be heard separately. Mayor Scruggs advised that Item 2 would be heard separately as well. 1. SPECIAL EVENT LIQUOR LICENSE FOR SAHUARO RANCH FOUNDATION This is a request by Carole DeCosmo for the City Council to approve a request for a special event liquor license for the Sahuaro Ranch Foundation. The event is a fundraiser for the Foundation. The event will be located at Sahuaro Ranch Park, 9802 North 59th Avenue. The event will be held from 6:00 p.m. to 10:00 p.m. on Friday, April 29, 2005. If this license is approved, the total days expended by this applicant will be one of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. 3. LIQUOR LICENSE NO. 3-982 BLACK BEAR DINER This is a request by H. J. Lewkowitz for the City Council to approve a new Series 12 (All Liquor, Restaurant) license for Black Bear Diner, located at 6039 West 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. 4. LIQUOR LICENSE NO. 3-983 WAL-MART NEIGHBORHOOD MARKET This is a request by Clare Abel for the City Council to approve a new Series 10 (Beer and Wine, Off-sale) license for Wal-Mart Neighborhood Market, located at 7450 West Glendale Avenue. 3 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. 5. LIQUOR LICENSE NO. 3-984 WINGSTOP This is a request by Amy Nations for the City Council to approve a new Series 12 (All Liquor, Restaurant) license for Wingstop, located at 5833 West Thunderbird 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. 6. LIQUOR LICENSE NO. 3-986 SPROUTS This is a request by Randy Nations for the City Council to approve a new Series 10 (Beer and Wine, Off-sale) license for Sprouts Farmers Market, located at 5120 West Peoria Avenue. 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. 4 8. FINAL PLAT APPLICATION FP04-06: CHOLLA COVE — 5940 NORTH SUNNYSIDE DRIVE This is a request for the City Council to approve the final plat for Cholla Cove, located at 5940 North Sunnyside Drive. Cholla Cove, LLC is requesting final plat approval. The proposed final plat is consistent with the General Plan and the existing R1-8 PRD (Single Residence, Planned Residential Development) zoning district. The proposed subdivision provides additional single-family residential housing stock through development of a gated subdivision on an infill parcel. The site is located at the northwest corner of 59th Avenue and Sunnyside Drive. The applicant proposes a 32 lot single-family subdivision on 11.4 acres at a density of 2.8 dwelling units per acre. Lot sizes vary from 8,015 square feet to 16,002 square feet. Twenty-five lots are between 8,000 and 9,000 square feet, and seven lots are greater than 9,000 square feet. The proposed minimum lot width is 65 feet and the proposed minimum lot depth is 110 feet. This request meets the requirements of the Subdivision and Minor Land Division Ordinance and is consistent with the approved zoning and preliminary plat. The Planning Commission approved the preliminary plat for this subdivision on April 1, 2004. All stipulations of the preliminary plat have been satisfied. The project provides infill development of vacant property and provides housing that is compatible with the surrounding area. The recommendation was to approve Final Plat Application FP04-06. 9. FINAL PLAT APPLICATION FP04-09: AUBURNE — 7611 NORTH 83RD AVENUE This is a request for the City Council to approve the final plat for Auburne, located at 7611 North 83`d Avenue. Land Solutions, Inc is requesting final plat approval. The proposed final plat is consistent with the General Plan and the existing SR- 17 PRD (Suburban Residence, Planned Residential Development) zoning district. The proposed subdivision adds to the city's residential housing stock through development of a large-lot subdivision for custom homes. The site is located south of the southeast corner of 83`d and Northern Avenues. The applicant intends to build a gated subdivision with a private street on this site, with 10 large irrigated lots on 13.2 acres at a density of .76 dwelling units per acre. Lot sizes vary from just over an acre to approximately 1.26 acres in size. The proposed minimum 5 lot width is 181 feet and the proposed minimum lot depth is 213 feet. This request meets the requirements of the Subdivision and Minor Land Division Ordinance, and is consistent with the approved preliminary plat. The Planning Commission approved the preliminary plat for this subdivision on September 2, 2004. All stipulations of the preliminary plat have been satisfied. The project provides infill development of vacant property and provides housing that is compatible with the surrounding area. The recommendation was to approve Final Plat Application FP04-09. 10. ACCEPTANCE OF LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM FUNDS This is a request for the City Council to accept $299,295 from the Arizona Department of Transportation Local Transportation Assistance Fund II (LTAF) Program to be used for the purchase of two transit buses and transit destination signs for the Luke Link service. One of the Council goals is to provide transportation options in Glendale. This item will provide enhancements to transportation services currently operating in Glendale as part of the Glendale Onboard Program. The LTAF II program funds are derived from Powerball lottery revenues and provide for additional public transportation funding in Arizona if revenues from Powerball sales meet a preset threshold. Funds are available only in years when revenues from Powerball sales attain the limit set in the legislation. The application for these funds was submitted in December 2003. The Council has accepted LTAF II funds, when available in the past, to fund various transit-related activities, including: transit marketing, fixed route bus service including the Professor Gus service, assistance in the development of the Glendale Transportation Plan, bus bay construction, and public involvement for updating the Transit Plan. Acceptance of these funds will allow the Transit Division to purchase two vehicles for use in the Luke Link service. The funds will also be used to provide destination signs on the Luke Link buses. The destination signs are lighted signs placed on the front and side of the buses to allow passengers to easily see where the bus is going and determine if it is the correct bus to board. The LTAF II funds require a local match of 100% of the amount allocated to be expended in transit projects. The Transit Division currently programs local funds in excess of the required matching funds to operate Dial-A-Ride and fixed route service. 6 This meets the requirement of the local fund expense for this LTAF II project; therefore no additional matching funds are required. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $299,295 Account Name, Fund, Account and Line Item Number: LTAF II — 24-8092-8400 The recommendation was to accept Local Transportation Assistance Funds in the amount of $299,295 for the purchase of two buses and transit destination signs for use in the Luke Link service. 11. DIGITAL RADIO SYSTEM SOFTWARE UPGRADE This is a request for City Council authorization to purchase a software upgrade to the digital radio system through Motorola Incorporated in the amount of $1,404,902. The City of Glendale purchased a state-of-the-art Motorola 800 MHz trunked digital radio system in 2002, with Council approval. This upgrade will ensure that this system remains functional, as well as serviceable and ensures the ability of the radio system to interact with other agencies. To ensure seamless service to the patrol officer or other radio user in the field, the city must maintain the radio system currently in place. By completing these upgrades as they become available, it ensures not only the latest fixes, patches and features available, but also ensures that the system can be maintained to the manufacturer's standards. The provision of consistent digital radio communication for emergency and non-emergency uses meets the Council's goal of ensuring public safety and awareness. The Council approved the purchase of the digital radio system on June 25, 2002 and the system was fully implemented and functioning at the end of 2003. The digital radio system that the city currently utilizes is essentially a large computerized radio network. This purchase will provide the system with the most current software upgrade available, including voice encryption capability for the ability to communicate securely, as well as system security components. Failure to complete software upgrades in a timely manner would render the system non-serviceable, which would impact the proper functioning and use of the current system. The Citywide Project 25 Digital Radio System was approved at a regular City Council meeting on June 25, 2002. These upgrades will provide the most up-to-date radio system available. The community is positively impacted by police officers being notified immediately of an emergency situation and by effective communication with the Police Department. 7 Funds totaling $984,157 are available in the Fiscal Year 2004-05 Capital Improvement Program (CIP), in Digital Communications Software Upgrade (60-9425). An additional $420,745 would come from Police Communication System (60-9408) 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. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $1,404,902 Account Name, Fund, Account and Line Item Number Digital Communications Software Upgrade, 60-9425-8300 FY04-05 remaining funding includes $984,157. The FY05-06 Preliminary CIP includes an additional $500,000 of which $420,745 will be used for this upgrade. The recommendation was to authorize the City Manager to enter into an agreement with Motorola Incorporated in the amount of$1,404,902. 12. RAPID RESPONSE TEAM EQUIPMENT PURCHASE This is a request for the City Council to approve the purchase of Rapid Response Team (RRT) equipment from the sole source vendor, United Fire Equipment Company, in the amount of $54,587.63. One of the Council's goals is ensuring public safety and awareness. This purchase will assist in achieving this goal. The Homeland Security Urban Area Strategic Initiative Grant (UASI) was approved by the City Council on March 11, 2003. This grant is funded through the U.S. Department of Homeland Security's Office of Domestic Preparedness and can be used for this equipment purchase. The one-time costs associated with this purchase, estimated to be $54,587.63, are contained within the UASI grant funding. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $54,587.63 Account Name, Fund, Account and Line Item Number 2003 Urban Area Strategic Initiative — Fire, 47-7718-8400 8 The recommendation was to approve purchase of equipment in the amount of $54,587.63. CONSENT RESOLUTIONS 13. ASSISTANCE TO FIREFIGHTERS GRANT This is a request for the City Council to adopt a resolution authorizing the application and acceptance of a 2005 Assistance to Firefighters Grant from the U.S. Department of Homeland Security (OHS) to replace all of the department's front line self-contained breathing apparatus (SCBA). This request supports the Council priority of ensuring public safety for Glendale residents. The department's current SCBA are nearly 10 years old and are becoming increasingly expensive to maintain. Personal protection equipment, which includes SCBA, is a funding priority in the DHS grant program for 2005. If successful in obtaining this grant, the department would be able to replace all front line SCBA, and provide one additional air cylinder for each new air pack. Approving this grant would enhance the level of emergency preparedness and firefighter safety. In addition, SCBA equipment problems that could interfere with service delivery at fire scenes would be eliminated, and the annual cost of maintenance would be reduced. This grant requires a 20% match. Funding is budgeted in the Grants Coordinator's matching funds, and identified in the fire department's SCBA Maintenance account. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $368,720 $92,200 X $460,920 Account Name, Fund, Account and Line Item Number Grant account to be created upon award of funding. Fire Grant Match Fund, 47-7075-7000 ($60,000) Grant Match Pool Fund, 47-7075-7990 ($30,000) SCBA Maintenance Account, 01-3330-7413 ($2,200) The recommendation was to waive reading beyond the title and adopt a resolution authorizing the application and acceptance of a grant to replace the Fire Department's breathing apparatus through the 2005 Assistance to Firefighters Grant Program with the Department of Homeland Security. 9 Resolution No. 3839 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 2005 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY FOR THE PURCHASE OF PERSONAL PROTECTION EQUIPMENT ON BEHALF OF THE GLENDALE FIRE DEPARTMENT. 14. CHILD SAFETY SEAT GRANT This is a request for the City Council to adopt a resolution authorizing the application and acceptance of a 2005 Governor's Office of Highway Safety (GOHS) grant to continue the Child Safety Seat Inspection and Education Program in Glendale. This request supports the Council priorities of ensuring public safety and enhancing the quality of life for Glendale residents. The Fire Department's current child safety seat inspection and education program was initiated through a 2003 Fire Act Grant, which will end in May of 2005. Through that grant, the Department certified 23 firefighters as safety seat technicians, and has been offering free safety seat installations and inspections at a variety of community events, and at Glendale fire stations. Child safety seat inspection and education is a GOHS funding priority for 2005. The community would benefit from continued access to assistance and information on the proper installation and use of child safety seats. Public awareness of this important safety issue will help to reduce the potential of injury to children involved in motor vehicle accidents. No matching funds are required for this grant request. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $24,878 Account Name, Fund, Account and Line Item Number: Account to be created when grant is awarded. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the application and acceptance of a 2005 Governor's Office of Highway Safety (GOHS) grant to continue the Child Safety Seat Inspection and Education Program in Glendale. Resolution No. 3840 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 SUBMITAL OF PROJECTS AND THE ACCEPTANCE OF ANY GRANT OFFERS BY THE GLENDALE FIRE DEPARTMENT 10 FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR ARIZONA'S FY 2004 HIGHWAY SAFETY PLAN. 15. NOTICE OF SPECIAL ELECTION This is a request for the City Council to adopt a resolution that will inform voters of the May 17, 2005 City of Glendale Special Election and establish polling place hours, locations, and the compensation paid to election workers, pursuant to A.R.S. Sec. 16- 228. Municipal elections promote increased citizen involvement in all aspects of municipal government. On January 25, 2005, the Council referred the charter amendment and franchise agreements with Arizona Public Service and Southwest Gas to the qualified electors of the City of Glendale. The recommendation was to waive reading beyond the title and adopt a resolution providing notice of the special election, pursuant to A.R.S. Sec. 16-228. Resolution No. 3841 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, PROVIDING NOTICE OF THE SPECIAL ELECTION PURSUANT TO A.R.S. SEC. 16-228; THE DATE OF THE ELECTION, LOCATION OF POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; AND CONTRACTING FOR ELECTION OFFICIALS AND FIXING THEIR COMPENSATION. 16. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR COMMUNITY ACTION PROGRAM FUNDING This is a request for the City Council to adopt a resolution authorizing an amendment to renew the intergovernmental agreement with the Maricopa County Human Services Department to provide partial funding in the amount of $286,699 for the Fiscal Year 2005-06 operation of Glendale's Community Action Program (CAP). Two of the Council goals are providing financial stability and enhancing the quality of life for Glendale residents. Providing responsible and efficient services for low-to-moderate-income residents will help residents to obtain self-sufficiency or become self-sustaining and regain emotional stability when they are experiencing a financial hardship. CAP provides direct services to low and moderate-income Glendale residents. Services include energy assistance payments, minor home repairs, crisis assistance for families, which includes homeless assistance and temporary rent/mortgage subsidies. 11 CAP staff work to ensure that low and moderate-income Glendale residents will continue to receive crisis services that promote financial stability and enhance the quality of life in Glendale. The cost of $286,699 for operation of CAP services is funded by the Maricopa County Human Services Department. The City of Glendale's General Fund supplements the remainder of CAP's budget with an appropriation of $110,344. The city also provides in-kind contributions for office space, utilities, custodial services and miscellaneous operating expenses. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total $286,699 $110,344 $397,043 The recommendation was to waive reading beyond the title and adopt a resolution authorizing an amendment renewing the annual intergovernmental agreement with the Maricopa County Human Services Department for partial funding of the Community Action Program. Resolution No. 3842 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 CITY MANAGER TO ENTER INTO AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY HUMAN SERVICES DEPARTMENT CONCERNING THE CITY OF GLENDALE'S COMMUNITY ACTION PROGRAM. 17. INTERGOVERNMENTAL AGREEMENT FOR DOS RIOS, LLC. v. BUCKEYE IRRIGATION DISTRICT, ET AL. LITIGATION This is a request for the City Council to authorize the entering into of an "Agreement to Jointly Engage Legal Counsel for Common Litigation" (Agreement) with the cities of Phoenix, Mesa, Scottsdale, and Tempe (the Cities) on Dos Rios, LLC v. Buckeye Irrigation District, et al. The Cities have implemented a multi-city wastewater plan providing for the joint use of certain wastewater transportation, treatment, disposal and reclamation facilities pursuant to an intergovernmental agreement (IGA). That IGA recognized that there may be claims for damages arising out of the operation of the 91st Avenue Wastewater Treatment Plant and that there may be litigation or other costs and expenses incurred in connection with the construction, operation, replacement and maintenance of the facility. The Cities will incur legal costs and expenses due to the litigation filed against the Cities in Dos Rios LLC v. Buckeye Irrigation District, et al. The Cities desire to enter into the Agreement to state their reasonable expectation for sharing litigation expenses, and the rights and obligations among the Cities for jointly engaging legal services. 12 The law firm to provide the legal representation for the Cities is The Pennartz Law Firm, P.L.C. with David A. Pennartz, Esq. as legal counsel. On September 25, 1979, the cities of Glendale, Phoenix, Mesa, Tempe, Scottsdale and the Town of Youngtown entered into Intergovernmental Agreement No. 22699 (SROG IGA) for the construction, operation and maintenance of jointly-used sewage treatment and transportation facilities, which has subsequently been amended by Addenda No. 1, No. 2, No. 3, No. 4, No. 5 and No. 6. The Town of Gilbert and the Town of Youngtown subsequently sold their purchased capacity in the jointly used facilities and are no longer parties to the SROG IGA. As in any litigation with many parties, a large group of similarly situated parties with common representation can have a much greater effect and reduced costs than those same parties would have individually. The cost of representation will be shared by the cities based on the usage of the 91st Avenue Wastewater Treatment Plant. Funds for this project are available in the Utilities Account No. 50-6410-7330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X Account Name, Fund, Account and Line Item Number Utilities Account No. 50-6410-7330 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the joint defense agreement concerning the Dos Rios, LLC v. Buckeye Irrigation District, et al. litigation. Resolution No. 3843 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 AN AGREEMENT TO JOINTLY ENGAGE LEGAL COUNSEL FOR COMMON LITIGATION WITH THE CITIES OF PHOENIX, MESA, SCOTTSDALE AND TEMPE ON DOS RIOS, LLC v. BUCKEYE IRRIGATION DISTRICT, ET AL. It was moved by Lieberman, and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1, 3 through 6 and 8 through 17, including the approval and adoption of Resolution No. 3839 New Series, Resolution No. 3840 New Series, Resolution No. 3841 New Series, Resolution No. 3842 New Series, and Resolution No. 3843 New Series. The motion carried unanimously. 13 2. LIQUOR LICENSE NO. 3-981 CRESCENT MART Mr. Michael Bailey, Assistant City Attorney spoke. This is a request by Tuan Le for the City Council to approve a new Series 10 (Beer and Wine, Off Sale) license for Crescent City, located at 5508 North 43rd 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. The City has received a petition with 93 signatures in support of the issuance of the license. The City has also received one protest against the issuance of this license. The recommendation was to forward a recommendation for approval to the Arizona Department of Liquor Licenses and Control. Councilmember Goulet said he does not recall receiving a petition of support. Mr. Bailey said the petition was in support of the transfer of a liquor license to the subject establishment. Councilmember Goulet asked how the signatures were gathered. He also asked how a request to approve a new series would not increase the number of licenses. Mr. Bailey explained a Series 10 license is non-transferable; however, the old license will go away upon approval of the new license. Mr. Bailey noted the applicant had freely disclosed a prior conviction on his application. In response to Mayor Scruggs' question, Mr. Bailey explained, because a Series 10 license is non-transferable, there is always a new owner and new establishment. Mayor Scruggs asked if the existing business had a Series 10 license. Mr. Bailey responded yes. Councilmember Clark asked if the owner could keep his old license if the proposed application is not approved. Mr. Bailey responded yes. Councilmember Clark asked if that results in one location having two licenses. Mr. Bailey said every Series 10 license is a new license, stating the old license will go away once the new license is approved. Councilmember Clark said she would like to have reviewed the addresses included on the petition of support, explaining the signatures could have all come from residents in one nearby apartment complex. Mr. Bailey stated staff conducted an investigation to ensure there were no concerns, pointing out the signatures came from residents in a mixture of single family homes, condominiums and trailer parks. 14 Councilmember Lieberman asked if the old license would remain in effect in case the new license is not approved and the proposed buyer of the property pulls out. Mr. Bailey responded yes. Councilmember Goulet referenced a protest filed by a neighborhood association, asking how many homes are included in the association. Mr. Bailey deferred the question to a representative from the Neighborhood Association. Mayor Scruggs asked for confirmation that only one call for service has been made over the past year. Mr. Bailey responded yes. Mayor Scruggs asked if the staff determined the applicant had truthfully completed his application. Mr. Bailey responded yes Mayor Scruggs opened the public hearing on Agenda Item No. 2. Ms. Viviane Valle, a resident of the City of Phoenix, on behalf of the Sevilla Neighborhood Association, stated their letter of opposition reflects the sentiments of 3,500 of their residents. She said their neighborhood is located within one mile of the subject site and, by state law, they are entitled to protest or support the liquor license application regardless of whether or not the application is for a property situated in another city. She stated they reviewed the applicant's application and found many questions to be improperly answered. She said the applicant did not list any spirituous liquor outlets within the one-mile radius, despite there being several. She stated the license, according to state law, is a new license; therefore the state and city both have to make sure the individual is capable of properly operating the license. She said the line that separates Glendale and Phoenix is of no consequence, noting she and her neighbors shop and visit other amenities in Glendale. She said, therefore, it is important to their neighborhood that any development in Glendale be as good as it can be. She stated they want to work with Glendale to ensure both communities are viable and safe. She reported a woman who had been drinking at a Glendale establishment on September 30, left the establishment and drove her car into their house. She noted accidents often occur at the intersection in the evening. She said drunken drivers often affect the lives of residents and all they can do is make a plea to the city and state for help. She said the problem affects their quality of life and property values. Ms. Lawrrie Fitzhugh, Founding Past President of the Sevilla Neighborhood Association, said the Sevilla Neighborhood Association covers one square mile between Bethany Home and Camelback, 43`d Avenue to 35th Avenue. She reported local, county, state and federal law enforcement came last July to bring the Violence Impact Project to their community, explaining the program is intended to pull the most violent offenders off the street. She stated she attended one of the roundups ten days ago wherein 83 individuals were served with warrants and arrested. She said members of their Board went to the arraignment court to submit their victim impact statement and will be following the cases through the system. She noted four homicides have occurred in their one square mile since February 22, all of which took place during 15 daylight hours. She said the subject property is very close to the red-hot zones depicted on maps by the Commander of the Violence Impact Project. Councilmember Lieberman stated the issue is similar to a battle over a liquor license a couple years ago, noting the same women spoke against that application on behalf of Sevilla Neighborhood Association. He said, at that time, he went into two surrounding areas and talked to people who signed the petition who considered the market a convenience. He noted the Council just approved a liquor license on Bell Road where there is already a total of 49 liquor establishments within one mile. He said the subject neighborhood has 12 liquor establishments, only two of which are closer than one-half mile. He said he personally has no objection to the application, nor has he received any complaints on the existing business. He stated the application was filled out completely and correctly, noting it even mentioned that the applicant had served a jail term in previous years. He urged residents of the neighborhood to call his office if there are, in fact, problems. He stated he would support the application because he believes the establishment will serve a purpose in the community and because the existing license will remain if the new license is not approved. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to approve the recommended actions on Consent Agenda Item No. 2. Councilmember Clark said she respects Councilmember Lieberman's opinion, but does not agree. She said she lived in a neighborhood for many years that had an inordinate number of liquor licenses. She commended residents of the Sevilla neighborhood for their efforts to clean up their neighborhood, acknowledging how difficult it can be to maintain quality of life and property values. She stated she would not support the application. Councilmember Goulet noted he did not receive a copy of the Sevilla Neighborhood Association protest letter as well as the petitions of support. He suggested, in the future, such information be provided before a case comes before the Council. Mayor Scruggs commended and congratulated the Sevilla Neighborhood Association on their continued efforts on behalf of their community, stating they are a model organization. She said, while she supported the association's position in the past, the subject application is a different situation. She said the application meets the technical requirements and the existing business has operated without criminal impact for some time. She stated she does not see a legitimate reason to deny the application. 16 Upon a call for the question, the motion carried by a vote of 6 to 1, with following Councilmembers voting "aye": Eggleston, Frate, Goulet, Lieberman, Martinez, and Scruggs. Councilmembers voting "nay": Clark. 7. FINAL PLAT APPLICATION FP03-08: DESERT SILHOUETTE — 5755 NORTH 73Ru AVENUE Mr. Jim May, AICP, Acting Planning Director spoke. This is a request for the City Council to approve the final plat for Desert Silhouette, located at 5755 North 73rd Avenue. JJ Miller Arizona, LLC is requesting final plat approval. The proposed final plat is consistent with the General Plan and surrounding R1-6 (Single Residence) zoning districts. The proposed subdivision provides additional single-family residential housing stock by developing a well-planned subdivision on an infill parcel. The site is located south of the southwest corner of 73rd Avenue and Bethany Home Road. The applicant proposes a 19 lot single-family subdivision on five acres, at a gross density of 3.7 residential dwelling units per acre. Lot sizes vary from 6,128 square feet to 13,568 square feet. Seven lots are between 6,000 and 7,000 square feet, seven lots are between 8,000 and 9,000 square feet, and five lots are greater than 9,000 square feet. The proposed minimum lot width is 60 feet and the proposed minimum lot depth is 100 feet. The request meets the requirements of the Subdivision and Minor Land Division Ordinance and is consistent with the approved zoning and preliminary plat. The Planning Commission approved the preliminary plat for this subdivision on October 17, 2002. All stipulations of the preliminary plat have been satisfied. This project promotes infill development of vacant property and provides housing that is compatible with the surrounding area. The recommendation was to approve Final Plat Application FP03-08. Mr. May noted a misstatement in the memorandum regarding PP-03-08; stating, in fact, the Planning Commission approved the Preliminary Plat subject to three stipulations. He said staff intends to bring all three stipulations forward with a request for Final Plat approval. He stated he confirmed the official letter sent from the Planning Department to the applicant contained all three stipulations. It was moved by Eggleston, and seconded by Frate, to approve the recommended actions on Consent Agenda Item No. 7. The motion carried unanimously. 17 BIDS AND CONTRACTS 18. AWARD OF BID 05-08, TELEVISION CAMERAS AND PRODUCTION EQUIPMENT Ms. Laurie Sapp, Television Production Manager, presented this item. This is a request for the City Council to approve the purchase of two digital field cameras and five digital tape decks for Glendale 11, the city's cable television station. This equipment will replace current field cameras and decks that are due for replacement and have numerous operating and repair issues. This equipment replacement meets the Council goals of promoting a positive image of Glendale and increasing community awareness of city programs, services, and activities. Replacing Glendale 11's production equipment will allow the Cable Division to present a better product and enhance the city's ability to communicate with residents. Three bids were received to provide the city with the new production equipment, which will replace two field cameras which are seven to 10 years old, and five tape decks that range from six-to-10 years old. Industry standard for camera replacement is five years. The equipment will be used by the city's cable television station to produce new television programming. The benefits of this new equipment will be better picture and sound quality and the upgrading of Glendale 11's production format to digital, the industry standard. The lowest responsive bid was submitted by Audio Video Resources. The funding is already budgeted and will come from the Equipment Replacement Fund. Glendale 11 has been using the Beta Camera production format for more than 10 years. The digital production format has been the industry standard for both broadcast and government cable television stations for five years. Glendale's format is incompatible with digital, making it difficult to share Glendale 11 programming with other stations, provide outside media with Glendale 11 footage, and air any outside programming delivered in digital. The purchase of two digital field cameras and five digital tape decks is part of a comprehensive strategy to convert all production equipment to digital. A survey conducted last year by ASU West reveals that Glendale 11 is regularly watched by more than 80% of Glendale residents with cable. Glendale 11 reaches 140,000 residents, more than half of the city's population. This equipment will enable the Cable Division to provide improved television programming to residents. Funds for this cable equipment are already budgeted in the Equipment Replacement Fund. 18 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $91,421 Account Name, Fund, Account and Line Item Number: Equipment Replacement Program, 42-2335-8400, $91,421 The recommendation was to approve the purchase of television cameras and production equipment from Audio Video Resources in an amount of $91,421, plus tax. It was moved by Martinez, and seconded by Lieberman, to approve the purchase of television cameras and production equipment from Audio Video Resources in an amount of$91,421, plus tax. The motion carried unanimously. 19. AWARD OF CONTRACT - 63RD AND NORTHERN AVENUES COMMUNITY PARK Mr. Larry Broyles, City Engineer, presented this item. This is a request for the City Council to award a contract to Nickle Contracting, LLC, for the construction of the 63` and Northern Avenues Community Park. The facility is located at a major retention basin in the city's flood control system and the improvements are consistent with the adopted Parks and Recreation Master Plan's goal of providing a balance of leisure activity opportunities. In 2002, a preliminary plan was prepared for recreational uses at the 25-acre flood control basin at 63`d and Northern Avenues. Bids were solicited for the project, with only one bid received on September 17, 2004. The bid was 90% over the Engineer's Estimate for the work and was rejected. Staff re-evaluated the plans and made modifications in an attempt to create more competitive bidding. The improvements included will create a passive recreational area with walkways, ramadas, play equipment, security lighting, landscaping, and irrigation. The project was re-bid and six bids were opened on March 10, 2005, with Nickle Contracting, a qualified licensed contractor, submitting the lowest qualified bid. The bid included three add alternates; a Bark Park (dog park) immediately adjacent to the playground and ramada area; a parking lot between Lion's Park and the new community park; and the 63rd Avenue Improvements, which are the city required half street improvements for that section of 63`d Avenue adjacent to the park. Staff recommended the award of the base bid $854,098.98 the Bark Park $253,687.47, and the 63`d Avenue Street Improvements $239,200.65. The Parks and Recreation Master Plan, approved in February 2002, included a future park at 63`d and Northern Avenues. On December 16, 2003, the Council approved a professional services agreement with Carter+Burgess, Inc. for design 19 services and the preparation of construction plans and specifications. On March 26, 2002, the Council approved the submission of a State Heritage Fund Grant in the amount of$317,876. The Parks and Recreation Department, working with the consultant, solicited public input for the project in April of 2004 during the master planning process. The information garnered in this process was incorporated into the plans for the facility. To cover the construction cost for this project, funds in the amount of $248,742.98 need to be transferred from Park Enhancements, Account No. 36-8517- 8300 to 63rd & Northern Park Development, Account No. 36-8503-8300. Funds totaling $789,909.98 will be available in the Fiscal Year 2004-05 CIP in 63rd & Northern Park Development, Account No. 36-8503-8300 after the identified transfer are completed. An additional $317,876.47 would come from the Heritage Fund Grant, Account No. 47- 8060-8300 and $239,200.65 from 63rd Avenue/Grand to Olive Bike Line, Account No. 25-9459-8300. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $1,346,987.10 Account Name, Fund, Account and Line Item Number 63rd & Northern Park Development, Account No. 36-8503-8300 - $789,909.98 Heritage Fund Grant, Account No. 47-8060-8300 - $317,876.47 63rd Ave. /Grand to Olive Bike Line —25-9459-8300 - $239,200.65 The recommendation was to authorize the transfer and award the contract to Nickle Contracting, LLC in the amount of$1,346,987.10. Councilmember Martinez asked what about the dog park would cost $250,000. Mr. Broyles explained the three-acre park will be divided in half, explaining one side will be for high use and the other will be re-vegetated. He stated the park would include a walking area and fencing. Vice Mayor Eggleston asked if the park would be lit. Mr. Broyles responded yes. Mayor Scruggs noted both this project and the next came in significantly over the engineering estimate. She asked who prepared the estimates and how old are the estimates. She said there seems to be a trend to remove planned amenities because old estimates do not reflect current material costs. Mr. Broyles stated the project was originally bid September 17, 2004 and came back at 90 percent over the estimate. He said the bids were consequently rejected and the project was redesigned and re-bid. He clarified the current overall project cost is $1.5 million and the engineer's estimate was $1.4 million. Mayor Scruggs asked if amenities were omitted from the second plan to bring the costs in line with the estimate. Mr. Broyles said they looked at the efficiency of the design and the false buildings were eliminated from the bike safety component. 20 Mayor Scruggs noted the next item had four alternates, of which only one is being approved, stating her concern is that neighborhoods wait so long for amenities only to have the amenities scaled back because of higher than estimated costs. Mr. Broyles confirmed for Councilmember Martinez that the park would have ramadas. Councilmember Lieberman stated the park is desperately needed. He asked if the street kid program was eliminated. Mr. Broyles stated that component was redesigned, but will be accommodated. He noted the expansion of the parking area at Lion's Park was not awarded as an add-alternate. It was moved by Goulet, and seconded by Clark, to authorize the transfer and award the contract to Nickle Contracting, LLC in the amount of$1,346,987.10. The motion carried unanimously. 20. AWARD OF CONTRACT - MURPHY PARK RENOVATIONS Mr. Larry Broyles, City Engineer, presented this item. Mr. R. J. Cardin, Deputy Director, Parks and Recreation, presented additional information to the council. This is a request for the City Council to award a contract to Niche Contractors, LLC for the renovation of Murphy Park located at 7017 North 58th Avenue. The improvements planned within Murphy Park are consistent with the adopted Parks and Recreation Master Plan and the Downtown Master Plan. This project was originally bid in April of 2004. The low bidder at that time withdrew its bid based upon errors in their proposal. The remaining bids ranged from 47% to 79% over the Engineer's Estimate, which forced the project to be put on hold and resulted in missing the window of opportunity for construction between scheduled events in the park. This project design package was re-evaluated and adjustments to the planned improvements were made to better compliment the various other project activities presently planned for downtown. Improvements included, as part of this project, include a decorative fountain, bicycle racks, park benches, seating wall, trash receptacles, widening of the existing brick sidewalks, and landscaping and irrigation. The project was re-bid and five bids were opened on March 9, 2005, with Niche Contractors LLC, a qualified licensed contractor, submitting the lowest qualified bid. The bid included four add alternates; alternate one included a second decorative fountain; alternate two included replacement of tree grates on Glenn Drive; alternate three included decorative concrete walls; and alternate four included updating existing 21 period light fixtures. Staff recommended the award of the base bid $637,662.56, add alternate two $3,030.70; and, add alternate four$12,255.58. On April 15, 2003, staff presented a master plan for the park to Council. On December 16, 2003, the Council approved a professional services agreement with Sherman Group, Inc. for design services and the preparation of construction plans and specifications. The Engineering, Marketing, and Economic Development departments have worked in a joint effort in planning and coordinating this project. The improvements in this contract were developed from information gathered at public meetings held for both the city-wide Parks and Recreation Master plan and the area specific Downtown Master Plan. In addition to the referenced public meetings, a booth was set up at one of the Marketing Departments' scheduled events at the park and event participants were able to directly contribute their opinions on the facility. To cover the construction cost for this project, funds in the amount of $127,771 need to be transferred from Park Enhancements, Account No. 36-8517-8300 to Murphy Park Improvements, Account No. 36-8505-8300. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $652,948.84 Account Name, Fund, Account and Line Item Number: Murphy Park Improvements, Account No. 36-8505-8300 The recommendation was to authorize the transfer and award the contract to Niche Contractors, LLC, in the amount of$652,948.84. Councilmember Lieberman said he thought the park would include fountains in which the children could play. Mr. Broyles said the main fountain will be constructed, but the second add-alternate fountain was not recommended for award. R.J. Cardin said the original intent was to have fountains that children could play in, however, county regulations for splash pads would require the city to install a chlorinating system and provide lifeguards. He said staff decided it was in the best interest of the city to install a cascading waterfall fountain that uses recycled water and not allow public contact with the water. Councilmember Martinez asked why Alternate 3 was left out. Mr. Cardin said the additional seating and screening walls were eliminated due to the cost. Councilmember Clark pointed out the walls that were eliminated were estimated to cost $13,335.30. Councilmember Martinez asked that the walls be put back into the plan. Councilmember Clark agreed, stating she was disappointed the bike park will not be what she anticipated. She said she would rather do the parks right from the start. 22 Councilmember Goulet asked if the area north of the amphitheater would be modified. Mr. Cardin said the area would be opened up as a plaza to allow for more activity. Councilmember Goulet expressed his opinion the design is appropriate given the activities that will take place, but he would like to see some of the add-alternatives that were not recommended for award be incorporated back into the plan. Mayor Scruggs asked if anything would be done to the walkway on Glenn Avenue. Mr. Broyles said the walkway would be widened and made safer. Mayor Scruggs said she was never a strong supporter of the fountain. She asked what would happen to the areas that drop off to drains, stating they present a serious hazard during public events. Mr. Broyles said the design includes redoing the drains in the park to eliminate the large drop-offs. Mayor Scruggs asked if the extra seating referenced by Councilmember Martinez was intended to be in the area that will now be developed as a plaza. Mr. Cardin said the seating walls were planned for the southeast and southwest corners of the library. He said part of the intent for the walls was that they would screen the library from the street. He said now only one seat wall in is planned in that area. He assured the Council the project still includes a large amount of seating. Mayor Scruggs asked if it would be worth the additional $13,000 to proceed with the extra seating walls. Mr. Cardin responded yes. It was moved by Goulet, and seconded by Martinez, to authorize the transfer and award the contract to Niche Contractors, LLC. in the amount of $652,948.84 plus $13,335.30 for add alternate 3. The motion carried unanimously. 21. PROFESSIONAL SERVICES AGREEMENT - DESERT VALLEY PARK RENOVATION Mr. Larry Broyles, City Engineer presented this item. This is a request for the City Council to approve a professional services agreement with the E-group for design and construction administration services for the renovation of Desert Valley Park located at 61st and Sweetwater Avenues. The renovation of Desert Valley Park is consistent with the Council's commitment to restore and upgrade older park facilities throughout the city. Initial meetings were held in December of 2002, with Peoria Unified School District, Parks and Recreation staff, and neighbors to review the facilities physical condition and recurring problems relative to use. Three subsequent meetings with the school district preceded development of a study and conceptual plan in October of 2003 that addressed resolution of the issues at the site. Contract documents must now be developed to bring the project to bid. The E-group was selected from the Parks and Recreation On-Call list based upon past project experience. Planned improvements for the park include landscaping, irrigation, ramadas, benching, lighting, and play equipment. 23 Between December of 2003 and January of 2005, five public meetings have been conducted regarding this project. Each meeting was well attended, with the public input being incorporated into the conceptual plan. Funds for this project are available in Park Improvement/Enhancements, Account No. 88-8919-8330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $119,680 Account Name, Fund, Account and Line Item Number Park Improvement/Enhancements, Account No.88-8919-8330 The recommendation was to approve a professional services agreement with the E-group in the amount of$119,680. It was moved by Lieberman, and seconded by Frate, to approve a professional services agreement with the E-group in the amount of$119,680. The motion carried unanimously. 22. PROFESSIONAL SERVICES AGREEMENT - 87TH & MISSOURI AVENUES PARK IMPROVEMENTS Mr. Larry Broyles, City Engineer presented this item. This is a request for the City Council to approve a professional services agreement with Ritoch-Powell & Associates for design and construction administration services for the proposed neighborhood park at 87th and Missouri Avenues. The establishment of this neighborhood park, in collaboration with the Pendergast Elementary School District, is consistent with the goals and policies of the Council-adopted Parks and Recreation Master Plan. In 2003, the city purchased six acres adjacent to Sunset Ridge Elementary School in anticipation of developing a 12-acre neighborhood park. This joint-venture approach with the School District has been successful in the past from a developmental cost and use perspective. Planned improvements include sport courts; play equipment, landscaping, irrigation, pedestrian walkways, ramadas, benching, trash receptacles, and security lighting. On November 25, 2003, the Council approved the purchase of this property. On April 13, 2004, the Council approved the acceptance of a Heritage Fund grant in the amount of $715,512 for the construction of this project. The Council also approved an intergovernmental agreement with the Pendergast School District for the joint development and use of this park on April 13, 2004. 24 Public meetings are required to be held as part of the scope of work for this project. Staff will also present the conceptual plans to both the District School Board and the Parks and Recreation Commission. Funds for this project are available in 87thAvenue — Missouri, Account No, 87- 8955-8330. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $155,609 Account Name, Fund, Account and Line Item Number: 87th Ave. — Missouri, Account No. 87-8955-8330 The recommendation was to approve a professional services agreement with Ritoch-Powell & Associates in the amount of$155,609. It was moved by Clark, and seconded by Lieberman, to approve a professional services agreement with Ritoch-Powell & Associates in the amount of$155,609. Vice Mayor Eggleston commented on the significant amount of development occurring in the area, stating the map displayed by staff implies the park is located in the middle of a vacant field. Upon a call for the question, the motion carried unanimously. RESOLUTION 23. INTERGOVERNMENTAL AGREEMENT AMENDMENT FOR THE LOOP 101/MARYLAND AVENUE BRIDGE CONSTRUCTION Mr. Jon Froke, Acting Transportation Director, presented this item. This is a request for the City Council to adopt a resolution authorizing the entering into of a second amendment to an existing Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) to include construction of the Maryland Avenue Bridge over Loop 101. This request supports the Council strategic priority to create transportation options. In November of 2001, Glendale voters approved pedestrian, bicycle, and park- and-ride improvements as part of the city's transportation election. The Regional Public Transportation Authority (RPTA) and ADOT have programmed money for the 25 construction of a park-and-ride lot and connecting roadways in the vicinity of Loop 101 and Glendale Avenue. In February of 2003, the Citizen Transportation Oversight Commission (CTOC) took action to specifically identify the Maryland Avenue Bridge over Loop 101 in the Glendale Onboard Transportation Program. In August of 2002, the City of Glendale entered into agreements with the Arizona State Tourism and Sports Authority (AZSTA) and the National Football League Arizona Cardinals to locate a multi-purpose facility near Loop 101 and Maryland Avenue. The facility will serve as the home of the Arizona Cardinals and the Fiesta Bowl beginning with the 2006 football season. The city, RPTA, AZSTA, and Arizona Cardinals have studied various alternatives for the location of the park-and-ride lot, access to the lot, and access to the sports facilities. The Maryland Avenue Bridge over Loop 101 is an important component for providing access to these facilities. Following the November 2001 transportation election, the Council directed staff to begin implementation of the overall transportation plan. Staff has worked with the RPTA, AZSTA, and Cardinals representatives on the location, design concepts, and access for the park-and-ride lot. On October 14, 2003, the Council approved an IGA with ADOT for Loop 101/Maryland Avenue Bridge Design Concept Report (DCR) and Environmental Studies, which are filed as Number C-4941. Following completion of the DCR, the Council approved an amendment to the original IGA to complete final design of the Loop 101/Maryland Avenue Bridge on July 13, 2004. The Maryland Avenue Bridge over Loop 101 will serve as the primary access to the planned park-and-ride lot on Maryland Avenue, near the Loop 101. The bridge will provide additional access to the Glendale sports facilities and the surrounding area, thereby relieving traffic congestion on Glendale and 91st Avenues. The bridge will also provide an alternate bicycle route across Loop 101. The current bicycle route is on Glendale Avenue. The CTOC has recommended the Maryland Avenue and Loop 101 park-and-ride lot as part of the GO Program. Staff and Arizona Cardinals representatives met with representatives of the neighborhood east of the sports facilities to discuss traffic impacts and proposed roadway improvements. On May 20, 2004, ADOT held a public meeting to present the potential improvements for the Maryland Avenue Bridge, answer questions, and obtain comments. All comments supported the proposed improvements. The cost for construction of the Maryland Avenue Bridge over Loop 101 is $6,308,921.31. Federal funds in the amount of $2,187,989 are available and programmed in the approved Maricopa Association of Governments Fiscal Year 2004- 2008 Transportation Improvement Program (TIP) under project GLN04-208TR. The 26 city's required contribution to ADOT is $4,120,932.31 and is budgeted in the GO Program in account L101/Maryland Overpass to P&R Lot. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $4,120,932.31 $4,120,932.31 Account Name, Fund, Account and Line Item Number: L101/Maryland Overpass to P&R Lot. Account No. 25-9481-8300 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of a second amendment to Intergovernmental Agreement C-4941 with the Arizona Department of Transportation for construction of a bridge over Loop 101 at Maryland Avenue. Councilmember Lieberman asked how soon will construction begin and when will it be completed. Mr. Froke said the project is currently under design, but they hope the facility will be completed in the summer of 2006 to accommodate the opening of the Cardinals stadium in August of 2006. Resolution No. 3844 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 TWO TO THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE LOOP 101/MARYLAND AVENUE BRIDGE DESIGN CONCEPT AND ENVIRONMENTAL STUDIES. It was moved by Clark, and seconded by Frate, to pass, adopt and approve Resolution No.3844 New Series. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Budget Workshop at 1:30 p.m. on Tuesday, April 19, 2005, in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03. The motion carried unanimously. CITIZEN COMMENTS Ms. Angela Cabagnaro, a resident of the City of Glendale Cactus District, said she is speaking on her behalf and on the behalf of two of her neighbors. She said they are involved in their neighborhood watch program and are there to ask for the Council's help. She explained from February 10 to April 4 she had to call the police and file two reports for theft and trespassing and she has proof that her mailbox has been opened. She said mail was stolen from several boxes further down the street and the 27 neighborhood is quite concerned. She said they do not see the police patrolling their streets and believe the city needs more police to protect the homes of its citizens. Mr. Duke Wellington, a resident of the City of Glendale, suggested the implementation of photo radar would free police officers up to patrol neighborhoods and pursue criminals. He said the arena and stadium would place an additional strain on the Police Department. He stated speed humps are not effective because of the cut outs required for the Fire Department. He said a survey taken found 47 percent of the people on West Shirley Jean speed, suggesting photo radar would eliminate the problem. He submitted a handout for the Council's review. Ms. Sylvia McCarthy, a resident of the City of Glendale Cactus District and a member of the Maryland Manor Board of Directors, spoke about their ongoing problem with crime and victimization in the area of 47th Avenue and Maryland. She said the crimes and lack of protection from the crimes very much affect their quality of life. She stated the criminal activities have had a crushing effect on her, both financially and in terms of her sense of being safe. She said it appears the people who are victimizing her neighborhood are doing so with impunity, explaining, while they eventually get a response from the police, there is no police presence to deter the activities from occurring in the first place. She said they have done all they can as residents and need assistance from the city through an increased police presence, particularly during the hours of 1:00 a.m. and 5:00 a.m. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark announced Mr. Bill Stout passed away, explaining he has been a contributor to Glendale for a long time, serving on the Glendale Union High School Board of Education and instrumental in successfully bringing City Council districts to the City of Glendale. She stated Mr. Stout contributed significantly to the quality of life in Glendale and will be greatly missed. Councilmember Lieberman invited everyone to attend the Jazz Festival this weekend. Councilmember Martinez thanked residents who addressed the Council about their concerns with regard to crime, stating the Council can appreciate their concerns. He noted 36 additional police officers would be put on the streets in a couple months. Councilmember Frate stated the Bell/Greenway Neighborhood Association and the Acapulco Neighborhood Association would both hold block watch parties this weekend. He urged everyone to watch children around water. He stated, in light of recent events, he also urges everyone to talk to children about the dangers of fires and to establish and practice evacuation procedures. 28 ADJOURNMENT There being no further business, the meeting was adjourned at 8:55 p.m. ramela Hanna - City Clerk 29