Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/27/2006 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JUNE 27, 2006, 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 seven resolutions and seven 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 JUNE 13, 2006 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the June 13, 2006 regular City Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. BOARDS AND COMMISSIONS BOARDS AND COMMISSIONS This is a request for the City Council to approve the recommended appointments to the following boards and commissions that have a vacancy or expired term and for the Mayor to administer the oath of office to those appointees in attendance. Effective Expiration Date Date Arts Commission Jacqueline Markowitz Sahuaro Re-appointment 8/23/2006 08/23/2008 Enid Spear Mayoral Re-appointment 08/23/2006 08/23/2008 (Cholla) 1 Citizen Bond Election Committee Ron Piceno Mayoral Chair 06/27/2006 02/28/2007 (Barrel) Appointment Rose Jacobson Cholla Vice Chair 06/27/2006 02/28/2007 Appointment Citizens Advisory Commission On Neighborhoods Kimberly M. Allen At-Large Re-appointment 06/30/2006 06/30/2008 (Cactus) Magda Nunez Sahuaro Appointment 06/30/2006 06/30/2008 Mike Nave At-Large Chair 06/30/2006 06/30/2007 (Cholla Appointment John H. Kolodziej Yucca Vice Chair 06/30/2006 06/26/2007 Appointment Citizens Bicycle Advisory Committee William Wilkinson Barrel Appointment 07/25/2006 07/25/2008 Citizens Transportation Oversight Commission Michael Testa Yucca Re-appointment 07/25/2006 07/25/2008 (Cactus) Betsy Turner Barrel Appointment 07/25/2006 07/25/2008 Commission On Persons With Disabilities Margaret A. Kulp Barrel Appointment 06/27/2006 02/27/2008 Housing Advisory Commission Carole Jean Marx At-Large Re-appointment 7/01/2006 07/01/2008 (Barrel) Karen Nikoloudakis At-Large Appointment 07/01/2006 07/01/2008 (Cholla) 2 Industrial Development Authority Steve Harnden At-Large Re-appointment 08/23/2006 08/23/2012 (Mayoral) (Cholla) Public Safety Personnel Retirement System/Fire Board Larry Eickman At-Large Re-appointment 07/01/2006 07/01/2010 (Mayoral) (Cactus) Public Safety Personnel Retirement System/Police Board Larry Eickman At-Large Re-appointment 07/01/2006 07/01/2010 (Mayoral (Cactus) The recommendation was to make appointments to the Boards and Commissions and administer the Oaths of Office. It was moved by Martinez, and seconded by Eggleston, to appoint the applicants listed above, for the terms listed above, to the Arts Commission, the Citizen Bond Election Committee, the Citizens Advisory Commission on Neighborhoods, the Citizens Bicycle Advisory Committee, the Citizens Transportation Oversight Commission, the Commission on Persons With Disabilities, the Housing Advisory Commission, the Industrial Development Authority, the Public Safety Personnel Retirement System/Fire Board, and the Public Safety Personnel Retirement System/Police Board. The motion carried unanimously. Mayor Scruggs called the following appointees forward and issued the Oath of Office. Jacqueline Markowitz, Ron Piceno, Rose Jacobson, Kimberly M. Allen, Mike Nave, John H. Kolodziej, Michael Testa, Margaret A. Kulp, and Karen Nikoloudakis. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 7 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions numbers 8 through 13 by number and title. Council Member Lieberman requested that item 13 be heard separately. 3 1 . LIQUOR LICENSE NO. 3-1059 — YARD HOUSE GLENDALE This is a request by Randy D. Nations for the City Council to approve a new license application for this Series 12 (Restaurant - All Liquor) license for Yard House Glendale, located at 9401 West Westgate Boulevard. The approval of this license will increase the total number of liquor licenses in this area by one. 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 for Liquor License Number 3-1059. 2. LIQUOR LICENSE NO. 3-1062 — FRY'S FOOD & DRUG #6 This is a request by Stephen Michael McKinney for the City Council to approve a new license application for this Series 9 (Liquor Store - All Liquor) license for Fry's Food & Drug #6, located at 5771 West Thunderbird Road. This Series 9 (Liquor Store - All Liquor) license is a newly issued license through the State Department of Liquor Licenses and Control random selection drawing. This Series 9 (Liquor Store - All Liquor) license will be used as a placeholder until a new Fry's Food & Drug is constructed in the future at a currently undetermined location. Once approved, the existing Series 9 license at this location will be placed on inactive status. 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 for Liquor License Number 3-1062. 3. LIQUOR LICENSE NO. 3-1063 — GREAT WALL BUFFET This is a request by Zhao Ying Lin for the City Council to approve a new license application for this Series 12 (Restaurant - All Liquor) license for Great Wall Buffet, located at 5905 West Bell Road #6. 4 The approval of this license will increase the total number of liquor licenses in this area by one. 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 for Liquor License Number 3-1063. 4. FUNDING FOR GLENDALE AVENUE IMPROVEMENTS This is a request for the City Council to approve the expenditure of additional funding in the amount of $951 ,987.50 for construction of Glendale Avenue improvements to cover increased construction costs of asphalt, steel, and concrete materials. This project meets the Council strategic priorities of creating a city with high- quality service for citizens. The project includes widening Glendale Avenue, from 99th Avenue to Glen Harbor Boulevard, by five feet on both the north and south sides to provide a dedicated bike route for cyclists along the corridor. Additionally, a six-foot wide concrete walkway will be added to the north and south sides of the New River Bridge for pedestrian and bicycle access. Improvements to the guardrail and impact safety systems to comply with city standards will also be incorporated to ensure motorist, pedestrian, and bicyclist safety. These improvements will provide access and connectivity to the west valley New River regional trails system planned in the cities of Glendale, Peoria, and Phoenix. On October 26, 2004, the Council approved a Joint Project Agreement JPA — 04062 with the Arizona Department of Transportation for construction of bicycle improvements on Glendale Avenue. The agreement stated that the federal funds for construction were capped at $1,225,900 and Glendale would be responsible for all additional costs associated with the project. In July of 2001, the Council approved funds for a design contract for $288,835 with INCA Engineers, Inc. to complete preliminary and final designs for this project. The Council approved an intergovernmental agreement (IGA) with the Arizona Department of Transportation (ADOT) to reimburse the city for $240,000 of the design cost using Federal Congestion Mitigation and Air Quality (CMAQ) funds in September of 2001. This March, the Council approved an IGA with the Flood Control District of 5 Maricopa County for development of a pathway system along and across New River, between Camelback Road and Northern Avenue. These bicycle improvements will increase and enhance transportation options and the riding experience along Glendale Avenue. Additionally, the bike route and bridge crossing will provide a means for cyclists and pedestrians to safely cross New River when traveling on Glendale Avenue. By providing a dedicated bike route and improving the New River crossing, bicyclists and pedestrians will no longer need to share the vehicle travel lanes, thus introducing a safe and convenient means for bicycle and pedestrian travel along Glendale Avenue, between Litchfield Road and 67th Avenue, as specified in the city's bicycle plan. This project was originally developed at the request of the Glendale Bicycle Advisory Committee and appeared on the transportation program ballot in November of 2001. The design concept report and project plans have been reviewed and presented at regularly scheduled committee meetings. Also, a public meeting was held in March of 2002 to discuss the project with area residents. Meeting notices were distributed via flyer to Bicycle Advisory Committee members and a notice was printed in the Glendale Star in February of 2002. Those in attendance were in support of the project. The cost of construction of the project is $2,251,987.50, including construction administration. Funds in the amount of $1,225,900 are available through a CMAQ grant. Per agreement JPA-04062, the city contributed $74,100 towards design in October of 2004. The remaining city match required is $951,987.50. To facilitate the payment for the Glendale Avenue bicycle improvements project, transfers are required from Intersection Improvements, Account No. 33-9448-8300 ($600,000), and 59th Avenue, Account No. 33-9463-8300 ($351 ,988), to Bike: Widen Bridge, Glendale/New River Account No. 33-9472-8300 effective in Fiscal Year 2006-07. The recommendation was to approve the expenditure of additional funds for construction of Glendale Avenue improvements in the amount not to exceed $951,987.50. 5. CONTRACT AMENDMENT - BELL ROAD MEDIAN LANDSCAPING, 515T TO 671" AVENUES This is a request for the City Council to award an amendment to the Guaranteed Maximum Price (GMP) contract with Achen-Gardner Engineering, LLC for the construction of median landscaping on Bell Road, between 51s and 67 Avenues. This project will help fulfill the Council's goal to beautify the major corridors in the city prior to the mega events scheduled in December of 2006 and January of 2007. 6 The existing landscaping of the medians on Bell Road, between 51st and 67th Avenues, consists of desert landscaping with cactus and boulders as the primary landscape items. The work included in this amendment will construct medians similar to those west of 67th Avenue, which have additional trees and shrubs complementing the surrounding developments. The landscaping design meets the city's design standards for site visibility and safety. The Council approved the original GMP with Achen-Gardner Engineering, LLC on May 9, 2006. Construction of the landscaped medians on Bell Road has been expedited and will improve the overall look of the corridor. Funds for the construction of the median landscaping are available in Fiscal Year 2006-07 Beautification of Various Corridors, Account No. 12-6224-8300. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $661 ,357.13 Account Name, Fund, Account and Line Item Number: Beautification of Various Corridors, Account No. 12-6224-8300 The recommendation was to approve the amendment to the guaranteed maximum price contract with Achen-Gardner Engineering, LLC in the amount of $661,357.13. 6. PHASE TWO OF YOUTH SPORTS COMPLEX Mr. Ed Beasley, City Manager, requested this item be pulled from the agenda to be heard at a later date. 7. RADIO SERVICE AGREEMENT This is a request for the City Council to approve the renewal of a two-year radio service agreement with Motorola Incorporated for $313,381.68. The agreement with Motorola Incorporated will provide uninterrupted service and support to the radio network. Therefore, this service agreement supports the dependability of the Police Department's existing voice radio network, ensuring constant communication between police officers and the communications center, as well as immediate dispatch of emergency calls. The approval of this contract meets the Council goal of a city with high-quality services for citizens. The City of Glendale and Motorola Incorporated have maintained service agreements on the city's voice radio system for over 20 years. 7 This is a two-year contract that will expire on June 30, 2008. One half of the service agreement will be paid each fiscal year. The Utilities, Sanitation, Landfill and Transportation Departments also use this radio system and each department will pay a portion of the contract amount based on their respective usage of the system through the indirect cost allocation model. Approximately $57,350 of the $313,381.68 will be charged to these departments over the two-year service period. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $313,381.68 Account Name, Fund, Account and Line Item Number General Fund, 01-3250-7420, $313,381 .68 ($156,690.84 in FY07 & FY08) The recommendation was to authorize the City Manager to enter into an agreement with Motorola Incorporated in the amount of$313,381.68. CONSENT RESOLUTIONS 8. 2006 HISTORIC PRESERVATION HERITAGE GRANT APPLICATION RESOLUTION This is a request for the City Council to submit a Historic Preservation Heritage Grant application to prepare a comprehensive building condition assessment for Sahuaro Ranch and to accept the grant if awarded. The building assessment implements the Historic Preservation Plan adopted by the Council in November of 2003 to help protect and preserve historic resources. The structures of historic Sahuaro Ranch were built between 1891 and 1920. The earliest master plan for the ranch is dated April 1985. In 1993, Woodward Architectural Group completed a comprehensive plan for the future use, interpretation, and management of the ranch. It included a thorough facilities condition assessment report, which is now outdated. There have been many alterations, repairs, restorations, lead abatement activities, and rehabilitation work undertaken during the past decade. The buildings sustained routine wear, damage from thousands of visitors, and deterioration due to harsh weather conditions. Therefore, it is an appropriate time to reevaluate the structural integrity of each of the buildings and develop a five-year capital improvement plan to address whatever needs are identified during the assessment process. The Council adopted the November 2003 Historic Preservation Plan, which provides direction for protection and preservation of Glendale's historic properties. 8 The preparation of a comprehensive building assessment for historic Sahuaro Ranch will: • Maintain the ability for cultural tourism to attract visitors to Glendale through a preserved historic Sahuaro Ranch. • Preserve the heritage of Glendale. The contractor would survey all buildings at Sahuaro Ranch to re-evaluate the structural integrity of each of the buildings. The Historic Preservation Heritage Grant is a matching grant program. The City portion would come from Fund 47. There are no additional staff requirements other than project management. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $21 ,000 Account Name, Fund, Account and Line Item Number Fund 47 Matching Grant, 47-7075-7990 $10,500 The recommendation was to waive reading beyond the title and adopt a Resolution approving the request for the submittal of a Historic Preservation Heritage Grant application, to prepare a comprehensive building assessment for historic Sahuaro Ranch, and to accept the grant if awarded. Resolution No. 3974 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 APPLICATION FOR FY 2006 HISTORIC PRESERVATION HERITAGE FUND TO PREPARE A COMPREHENSIVE BUILDING ASSESSMENT OF HISTORIC SAHUARO RANCH. 9. AMENDMENT NO. 1 TO THE AMENDED AND RESTATED GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT AGREEMENT This is a request for the City Council to adopt a resolution approving and authorizing the entering into of Amendment No. 1 to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement and applicable exhibits. The Arizona Water Settlements Act, Public Law 108-451 (the "Act") effective December 10, 2004, resolves a number of long-standing issues related to the substantial water rights claims of the Gila River Indian Community ("Community") to the waters of the Gila River. The Gila River Indian Community ("Community"), its members, the United States, the City of Glendale ("City") and other named parties have agreed to permanently settle their respective adverse claims to water as set forth in a written agreement consistent with the Act. The City of Glendale, by Resolution No. 3915 New 9 Series, has approved and executed such written agreement, the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement (the "Settlement Agreement"). The Settlement Agreement includes various exhibits, several of which are agreements among named parties other than the City whereby such parties agree to settle water rights disputes among themselves and the Community. The named parties to Exhibit 26.1 (Amended and Restated Agreement Among the Gila River Indian Community, the San Carlos Irrigation and Drainage District, the United States, and the City of Safford) and to Exhibit 26.2, (Amended and Restated Forbearance Agreement Among the Gila River Indian Community, the United States of America, the San Carlos Irrigation and Drainage District, and Other Parties Located in the Upper Valley of the Gila River) wish to address certain errors and omissions in their respective agreements by amending such agreements. All signatory parties to the Settlement Agreement must approve the proposed amendments to Exhibits 26.1 and 26.2 in order to assure all terms and conditions of the Settlement Agreement and the Exhibits are binding on all parties. The parties to the Settlement Agreement have conferred and agree Amendment No. 1 To The Amended and Restated Gila River Indian Community Water Rights Settlement Agreement ("Amendment No.1") sets forth corrections that address solely the errors and omissions to Exhibits 26.1 and 26.2. The City of Glendale, on December 13, 2005, passed Resolution No. 3915 New Series, approving and authorizing the entering into of the Gila River Indian Community Amended and Restated Water Rights Settlement Agreement and applicable exhibits thereto. The best interests of the City will be served by consenting to, and executing, Amendment No. 1 and thereby confirming that all terms and conditions of the overall Settlement Agreement will be binding on all settling parties. The recommendation was to waive reading beyond the title and adopt a resolution approving and authorizing the entering into of Amendment No. 1 to the Amended and Restated Gila River Indian Community Water Rights Settlement Agreement and applicable exhibits thereto. Resolution No. 3975 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 THE ENTERING INTO OF AMENDMENT NO. 1 TO THE AMENDED AND RESTATED GILA RIVER INDIAN COMMUNITY WATER RIGHTS SETTLEMENT AGREEMENT AND APPLICABLE EXHIBITS THERETO. 10 10. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION This is a request for the City Council to authorize the entering into of the Intergovernmental Agreement (IGA) and Contract for Legal Services with the cities of Avondale, Chandler, Mesa, and Scottsdale to jointly engage outside counsel to represent their common interest in the Gila River General Stream Adjudication. A key objective is protecting the surface water rights of the City of Glendale in the Gila River watershed by joining the cities of Avondale, Chandler, Mesa, and Scottsdale in the proceeding known as the Gila River General Stream Adjudication ("the Adjudication"). On January 6, 1992, the five cities of Glendale, Mesa, Chandler, Scottsdale, and Tempe entered into an IGA for legal representation in the Gila River General Stream Adjudication; Tempe subsequently withdrew from the IGA. The cities of Glendale, Chandler, Mesa, and Scottsdale entered into subsequent IGAs on an annual basis to retain such legal representation. The city of Avondale is now joining the cities and, consequently, the costs will now be shared by five municipalities. The City of Glendale, by Resolution No. 3711 New Series passed on October 14, 2003, approved and subsequently entered into the Gila River Indian Community Water Rights Settlement Agreement. The Arizona Water Settlements Act, Public Law 108- 451 (the "Act"), effective December 10, 2004, requires that the Gila River Indian Community Water Rights Settlement Agreement be amended to conform with the Act, as one of the conditions to Congressional authorization for federal actions required under that settlement agreement. The parties to the Gila River Indian Community Water Rights Settlement Agreement have met and agreed to redraft that agreement to meet the requirements of the Act, and to title the new agreement the Gila River Indian Community Amended and Restated Water Rights Settlement Agreement. The City of Glendale, on October 14, 2003, passed Resolution No. 3711 New Series, approving and subsequently entering into the Gila River Indian Community Water Rights Settlement Agreement. The City of Glendale, on July 26, 2005, authorized the entering into of the Sixteenth Intergovernmental Agreement and Contract for Legal Services with the cities of Chandler, Mesa, and Scottsdale to jointly engage outside counsel to represent their common interests in the Gila River General Stream Adjudication. The Gila River General Stream Adjudication is an extremely important legal case that will adjudicate the surface water rights of the cities in the Gila River watershed with the best possible service for the least possible costs. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of the Intergovernmental Agreement (IGA) and Contract for Legal Services with the cities of Avondale, Chandler, Mesa, and Scottsdale 11 to jointly engage outside counsel to represent their common interest in Gila River General Stream Adjudication. Resolution No. 3976 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF AVONDALE, CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION. 11. LUKE AIR FORCE BASE BRIDGE OVER LITCHFIELD ROAD This is a request for the City Council to adopt a resolution authorizing the entering into of a Memorandum of Agreement (MOA) with the United States of America, Department of Air Force for the alteration and new construction of the Luke Air Force Base (LAFB) bridge over Litchfield Road at the main gate entrance. This agreement supports the Council's goals of ensuring public safety and creating transportation options. In an effort to improve base security, the Department of Air Force is minimizing entry control points into LAFB. Currently, Litchfield Road bisects the base, preventing unimpeded passage from one side to another. Several options were considered, including closure of Litchfield Road from Glendale to Northern Avenues, and constructing a bridge over Litchfield Road. After discussions with city staff, it has been determined that the best solution is to create an overhead crossing and grade separated intersection, carrying the base's Thunderbird Street over the city's Litchfield Road. As part of this agreement, LAFB has agreed to grant the city a perpetual easement for public road purposes. Constructing this bridge ensures that the road will remain open to the public and to emergency response vehicles. LAFB has held meetings to present the proposed project to the public surrounding the base. There have also been stakeholder meetings with the various government agencies involved to discuss the proposed project. There are no direct costs to the city as a result of this agreement. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of a Memorandum of Agreement with the United States of America, Department of Air Force for the Bridge over Litchfield Road. 12 Resolution No. 3977 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF AIR FORCE FOR AN OVERPASS CARRYING THUNDERBIRD STREET AT LITCHFIELD ROAD ON LUKE AIR FORCE BASE. 12. THUNDERBIRD CONSERVATION PARK MASTER PLAN This is a request for the City Council to approve a resolution adopting the Thunderbird Conservation Park Master Plan. The Thunderbird Conservation Park Master Plan addresses the Council's strategic goal of providing high-quality services for citizens. The 2002 Parks and Recreation Master Plan recommended that a master plan be completed to protect and manage Thunderbird Conservation Park. Based upon the 2002 Parks and Recreation Master Plan recommendation to develop a master plan for Thunderbird Conservation Park, the city and the community began the process to develop a master plan for the park in 2004. That process has included a wide-range of public input, surveys of both the community and park users, studies and analysis of the park site. The master plan is a general long-range planning tool that will guide staff and the community in protecting and managing Thunderbird Conservation Park. The key areas addressed in development of the plan included park use, standards for maintenance, and park management practices. In September of 2005, a draft of the preliminary master plan was presented to the community. At that time, public feedback indicated the need to reconsider the recommendations for the plan. Since then, additional steps were taken to provide opportunities for public input and collect additional park information. As a result, the recommendations for changes to the plan are based on the following priorities: limit park improvements; repair/replace restrooms; provide safe drinking water; provide a safe and clean park; improve signage for parking, rules and regulations, trail markers, and plant and wildlife identification; provide shade and picnic areas; provide areas for interpretive education discussions; provide parking, but limit expansion; enhance and preserve wildlife; maintain existing trails; connect trails, and restore areas with native vegetation, as well as preserve native vegetation already in the park. The master plan recommendations were presented and discussed at the June 6, 2006 City Council Workshop. 13 In September of 2005, the draft preliminary plan previously, reviewed by the Parks and Recreation Commission in 2004, was presented to the public. At that time, public feedback indicated the need to reconsider the recommendations for the plan. During the past nine months, additional steps were taken to provide opportunities for public input through on-site surveys of park users, observation of uses and demands on the park, examination of other area mountain preserves and parks, and additional public meetings. The draft of the preliminary master plan was presented to the Parks and Recreation Commission in June of 2004. However, the Thunderbird Conservation Park Master Plan was postponed until the 59th Avenue Road design public process was completed in early 2005. The Thunderbird Conservation Park Master Plan is intended to protect and manage the resources of the park. It will be the guide for accomplishing the mission of ensuring that the park continues to be cared for and utilized as identified by the community The community has been involved in the development of a master plan to address park use, standards for care and maintenance, and best management practices for the park. The process has been lengthy, but it has involved extensive public input through a series of public meetings, Park and Recreation Commission presentations and public comment, surveys of the community and park users, tours of other area mountain parks, and various park site studies. As a result of the public process, parks and recreation staff presented the proposed conceptual changes to the Thunderbird Conservation Preliminary Master Plan at the April 10, 2006 Parks and Recreation Commission Meeting. Two public meetings were also held on April 26 and 29, 2006 to present and review the proposed changes to the plan. Staff presented the Preliminary Master Plan Executive Summary to the Parks and Recreation Commission at its May 8, 2006 meeting. The Commission unanimously approved the proposed changes to the plan and directed staff to proceed with completion of the Master Plan. The recommendation was to waive reading beyond the title and approve a resolution adopting the Thunderbird Conservation Park Master Plan. Resolution No. 3978 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THE THUNDERBIRD CONSERVATION PARK MASTER PLAN FOR THE CITY OF GLENDALE. Mayor Scruggs opened the public comment on Consent Agenda Items 1 through 5 and 7 through 13. 14 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he supports the liquor license request for Great Wall Buffet and believes they will make a great contribution to the community. He stated he is excited about the second phase of the youth sports complex and he strongly supports the resolution for the Historic Preservation Heritage Grant. With regard to the Gila River Indian Community Water Rights agreement, he asked the city to deal in good faith with the Native Americans since their water was taken wrongly many years ago. He said he is glad that Glendale is cooperating with Luke Air Force Base on the bridge over Litchfield Road. He stated the Thunderbird Park Master Plan sound good. He urged citizens to register and vote in the September 12, 2006 primary election. Mayor Scruggs closed the public hearing. It was moved by Eggleston and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 5, and 7-12, including the approval and adoption of Resolution No. 3974 New Series, Resolution No. 3975 New Series, Resolution No. 3976 New Series, Resolution No. 3977 New Series, and Resolution No. 3978 New Series; and to forward Liquor License Applications No. 3-1059 for Yard House Glendale, No. 3-1062 for Fry's Food & Drug #6, and No. 3-1063 for Great Wall Buffet to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 13. NOTICE OF SEPTEMBER 12, 2006 PRIMARY ELECTION Ms. Pam Hanna, City Clerk, presented this item. This is a request for the City Council to adopt a resolution that will inform voters of the Primary election to be held on September 12, 2006, as well as establishing polling place hours, locations, and the compensation paid to election workers, pursuant to A.R.S. Sec. 16-228. This election will refer to the voters the candidates for the Cholla, Barrel, and Ocotillo council seats and two propositions. Municipal elections promote increased citizen involvement in all aspects of municipal government. On April 11 , 2006, the Council passed resolution No. 3948 New Series referring two propositions dealing with the Mayor and Councilmembers' salaries to the voters. The recommendation was to waive reading beyond the title and adopt a resolution providing notice of the September 12, 2006 Primary Election, pursuant to A.R.S. Sec. 16-228. Councilmember Lieberman said this is the first time the city will hold a fall election. He reiterated the election will be held September 12 and urged everyone to vote. 15 Resolution No. 3979 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 ELECTION PURSUANT TO A.R.S. §16-228 BY SETTING THE DATE OF THE PRIMARY ELECTION, ESTABLISHING THE LOCATIONS OF POLLING PLACES AND VOTING DISTRICTS, SETTING THE HOURS THAT SUCH POLLS WILL BE OPEN, AND CONTRACTING FOR ELECTION OFFICIALS AND FIXING THEIR COMPENSATION; NOMINATING CANDIDATES FOR THE OFFICE OF COUNCIL MEMBER FOR THE DISTRICTS OF BARREL, CHOLLA AND OCOTILLO AND REFERRING TO THE VOTERS THE FOLLOWING CODE AMENDMENTS: PROPOSITION 402 (PROVIDING FOR AN INCREASE IN THE SALARY FOR THE MAYOR) AND PROPOSITION 403 (PROVIDING FOR AN INCREASE IN THE SALARY FOR COUNCIL MEMBERS); AND DIRECTING THAT THE CITY CLERK PUBLISH THIS NOTICE OF ELECTION IN ACCORDANCE WITH A.R.S. §16-228. It was moved by Lieberman and seconded by Martinez, to approve the recommended actions on Item Nos. 13, including the approval and adoption of Resolution No. 3979. The motion carried unanimously. PUBLIC HEARING — ORDINANCES 14. FISCAL YEAR 2006-07 PROPERTY TAX LEVY Ms. Sherry Schurhammer, Management and Budget Director, presented this item. This is a request for the City Council to set the property taxes for Fiscal Year (FY) 2006-07, conduct a public hearing, and adopt an ordinance setting the FY 2006-07 primary property tax rate at $0.2925 per $100 of assessed valuation and the secondary property tax rate at $1 .4275 per $100 of assessed valuation. The total property tax rate will be $1.72. The total property tax rate has not changed since FY 2000-01. The setting of the property tax rates for FY 2006-07 is consistent with the Council's goal of ensuring the city's financial stability. Arizona state law requires the Council to set the property tax levy by the third Monday in August. Arizona's state property tax levy consists of two tiers. The primary property tax levy has state-mandated maximum limits, but it can be used by a city for any lawful purpose. It is the primary property tax revenue that is included in the General Fund. The secondary property tax levy is not limited, but it can be used only to retire the principal and interest on a municipality's General Obligation debt. 16 All Truth in Taxation requirements of A.R.S. 42-17107 have been met and the primary property tax levy has not increased except for an amount attributable to new construction. The city's projected primary property tax revenue for FY 2006-07, which was based on the proposed primary property tax rate for FY 2006-07, was discussed in the March 2, 2006, City Manager's memo conveying the FY 2006-07 City Manager's Recommended Operating Budget to City Council. This memo and the recommended budget detail were distributed to Council in printed form on March 3, 2006. The city's proposed secondary property tax rate for FY 2006-07 was discussed at the April 4, 2006 Council budget workshop as part of the FY 2007-16 preliminary capital improvement program (CIP) discussion. Glendale's budget is an important financial, planning, and public communication tool. It gives residents and businesses a clear and concrete view of the city's direction for public services, operations, and capital facilities and equipment. It also provides the community with a better understanding of the city's ongoing needs for stable revenue sources to fund public services, ongoing operations and capital facilities and equipment. The budget also provides the Council and residents a means to evaluate the city's financial stability. The FY 2006-07 preliminary operating budget and the FY 2007-16 preliminary capital budget were presented to Council on June 13, 2006. The Council also conducted a public hearing on June 13, 2006 on the FY 2006-07 preliminary operating budget and FY 2007-16 preliminary capital budget, adopted a resolution accepting them, and gave notice of the date June 27, 2006 for a public hearing on setting the property tax levy. Summary information regarding the preliminary operating and capital budgets presented to the Council on June 13, 2006 was published in the Glendale Star on June 15, 2006 and June 22, 2006. It is estimated that the FY 2006-07 primary property tax rate will generate approximately $3.8 million and the secondary property tax rate will generate approximately $19.6 million, for a total of approximately $23.4 million in FY 2006-07. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance setting the FY 2006-07 primary property tax rate at $0.2925 per $100 of assessed valuation and the secondary property tax rate at $1.4275 per $100 of assessed valuation, for a total property tax rate of$1.72. 17 Mayor Scruggs said the State Legislature and Governor approved new standards for property tax setting, allowing cities to account for inflation and a two percent increase in the valuation. She asked if the new standards are effective for the upcoming property tax levy and, if so, is the city in compliance with those standards. Ms. Schurhammer said it is her understanding that the law is not in effect for the property tax levy the Council is adopting for 2006/07. She said, however, the city would be in compliance even if it were effective because the limitation they are talking about relates to the primary property tax. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2516 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF GLENDALE, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; PROVIDING FUNDS FOR VARIOUS BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS AND PROVIDING FUNDS FOR GENERAL MUNICIPAL EXPENSES; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2007; AND DECLARING AN EMERGENCY. It was moved by Eggleston, and seconded by Frate, to approve Ordinance No. 2516 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. REZONING APPLICATION ZON04-13: COPPER COVE — 9251 WEST MISSOURI AVENUE Mr. Jim May, AICP, Deputy Planning Director presented this item. This is a request for the City Council to approve Rezoning Application ZON04- 13, located at 9251 West Missouri Avenue. The applicant is requesting to rezone from Agricultural (A-1) to Single Residence and Planned Residential Development (R1-4 and R1-10PRD). The applicant intends to develop a single-family residential neighborhood called "Copper Cove". The proposed rezoning is consistent with the existing General Plan designations of 5 to 8 dwelling units per acre and 1 to 2.5 dwelling units per acre. The proposed neighborhood would add to the city's housing stock, provide a variety of housing units, and utilize existing infrastructure to support development. 18 Copper Cove consists of two distinct neighborhoods. The southern 40 acres consists of 200 single-family homes with a density of 4.9 dwelling units per acre. The minimum lot size is 4,200 square feet. The northern 18 acres consists of 36 single- family homes, at a density of 2.0 dwelling units per acre. The minimum lot size is 11,700 square feet. The Planning Commission recommended approval of Rezoning Application ZON04-13 on April 20, 2006 with five stipulations. At the same hearing, the Planning Commission approved Preliminary Plat PP04-04 for the subdivision. The proposed project provides additional housing stock in a growing portion of the city. The smaller lot neighborhood provides a land use transition from Copper Canyon High School to the east and planned commercial development to the west. The larger lot neighborhood provides a transition from the high school to a larger lot neighborhood to the north. The neighborhood will be located in close proximity to the emerging employment and entertainment corridor along the Loop 101 Freeway, located less than one mile to the west. The Planning Commission conducted a public hearing on this item on April 20, 2006. One neighbor to the north spoke in support of the application. One neighbor located to the east spoke in opposition to the application. On November 30, 2005 a neighborhood meeting was held by the applicant. Issues discussed included home sizes, home prices, project phasing, and access to 95th and Missouri Avenues. The first neighborhood meeting was held on September 3, 2005. The applicant invited 450 neighbors to the meeting - 29 attended. Similar issues were discussed at this meeting. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt the ordinance for Rezoning Application ZON04-13, subject to the stipulations recommended by the Planning Commission. Councilmember Frate asked if the developer expressed concern about the property's proximity to the high school ball fields, stating the field's lights might disturb residents of the subdivision. Mr. May said the issue was discussed and the landscape setback is believed sufficient to mitigate any concerns. Mayor Scruggs said the issues go beyond lights, pointing out high school bands often practice very early in the morning and football games can run late into the evening. She asked if there were discussions about requiring homebuyers to sign an affidavit acknowledging the presence of the high school and its associated noise and light related issues. Mr. May stated, while they did not discuss any kind of disclosure statement, staff would support such notice being given to potential homebuyers. 19 Vice Mayor Eggleston asked who is responsible for maintaining the irrigation ditches. Mr. May said SRP is responsible for maintaining the canal; although the developer is providing a 20-foot landscape buffer south of the canal to buffer the residential units. Mr. Paul Gilbert, applicant's representative, said no one is more keenly aware of the need to disclose than the homebuilder. He stated they are required by state law to fully disclose the proximity of the two schools and will outline in their disclosure statement the fact that football games, band practices and other such activities will take place. Mayor Scruggs asked if their intention to disclose the proximity of the high school is set forth anywhere in their documentation. Mr. Gilbert said, while he cannot guarantee it is in the documentation, he feels confident in making the statement since they are required by law to make such disclosures. Mayor Scruggs asked if the disclosure statement will specifically reference the activities, pointing out noise from certain events could carry a half-mile or more. Mr. Gilbert responded yes. Councilmember Lieberman commented he has lived for the past 15 years within a short distance of Apollo High School and he cannot remember a single citizen ever calling to complain. Mayor Scruggs opened the public hearing on Agenda Item No. 15. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he attended Apollo High School many years ago and remembers the games and band practices that took place right up against the neighborhood. He said he is a strong supporter of the schools and believes the developer will make a good faith effort to inform its potential homebuyers of the noise and lights associated with the sports fields. Mayor Scruggs closed the public hearing. Ordinance No. 2517 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO R1-4 PRD (SINGLE RESIDENCE) AND R1-10 PRD (SINGLE RESIDENCE); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2517 New Series. Councilmember Clark congratulated Maracay Homes on the project, stating she remembers when they first came to the city with an initial proposal for apartments. She said city staff worked diligently with the applicant to arrive at what she feels is a good compromise. 20 Upon a call for the question, the 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. REZONING APPLICATION ZON05-25: 17248 NORTH 615T AVENUE Mr. Jim May, AICP, Deputy Planning Director presented this item. This is a request by Darwin Bushong for the Council to approve Rezoning Application ZON05-25 located at 17248 North 61st Avenue. The applicant is requesting to rezone 2.48 acres of land from Agricultural (A-1) to Rural Residential (RR-45). The applicant intends to divide the property into two lots, with a minimum of 45,000 square feet each. Approval of this request would bring the underlying zoning into conformance with the General Plan land use designation of 0 to 1 dwelling units per acre. The applicant intends to divide the property into two single-family lots, each with a minimum of 45,000 square feet. The property was initially zoned A-1 upon annexation into the City of Glendale on September 11, 1979. It is approximately 328- feet wide by 330-feet deep. Access to the property is provided by a 25-foot wide private easement along the north side of the adjacent parcel that connects to 61st Avenue, The Planning Commission recommended approval of ZON05-25 on April 20, 2006. The applicant sent 41 notification letters for this project on October 11, 2005. Neither the applicant, nor the Planning Department, received any response to the applicant's notification letters. The applicant received no inquiries about the proposed rezoning. A public notice for tonight's hearing was published in the Glendale Star on June 1, 2006. The property was posted on June 6, 2006 and letters were mailed to 41 property owners on June 6, 2006. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance for Rezoning Application ZON05-25 as recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 16. As there were no comments, Mayor Scruggs closed the public hearing. 21 Ordinance No. 2518 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO RR- 45 (RURAL RESIDENTIAL); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Frate, and seconded by Lieberman, to approve Ordinance No. 2518 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. REZONING APPLICATION ZON05-23: 91 GLENDALE - 9050 WEST GLENDALE AVENUE Mr. Jim May, Deputy Planning Director presented this item. This is a request by Beus Gilbert, PLLC for the City Council to rezone a 22-acre site from Agricultural (A-1) to Planned Area Development (PAD) to accommodate a mixed-use office complex, known as 91 Glendale. At this time, Wells Fargo Bank is the planned anchor tenant. The proposed rezoning is consistent with the General Plan. The proposed development plan will create a mixed-use development, which will create employment and dining opportunities for city residents and an increase in local revenue. The property is currently vacant. The applicant intends to construct a mixed-use development, including restaurants, a financial institution, and professional office buildings. The developer proposes three multi-story professional office buildings. The two buildings adjacent to 91s1 and 89th Avenues will be two-stories tall and will consist of approximately 51 ,000 square feet and 33,000 square feet respectively. The center building is planned to be three stories in height and will consist of approximately 112,000 square feet. Also included is a bank site, with drive-thru, at the corner of 91st and Glendale Avenues and two freestanding restaurant buildings at 5,600 and 4,400 square feet. On May 18, 2006, the Planning Commission recommended approval of the Rezoning Application ZON05-23, subject to six stipulations. The project promotes the development of vacant property and will provide professional employment opportunities for this area of Glendale. The applicant held a neighborhood meeting, on February 22, 2006. Of the 308 property owners and interested parties invited, six people attended this meeting. Concerns discussed included building heights in proximity to planned residential homes 22 to the north, traffic on 89th Avenue, drainage and water retention, and landscaping. Since that time the applicant has addressed all concerns. A public notice was published in the Glendale Star on June 1, 2006. The property was posted on June 2, 2006. Letters were mailed to 308 property owners and interested parties on June 2, 2006. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance for Rezoning Application ZON05-23 subject to the stipulations as recommended by the Planning Commission. Councilmember Lieberman commented the property is square in shape and relatively flat, but appears oblong. Mr. Paul Gilbert, applicant's representative, said the project is an exciting opportunity for Wells Fargo as the site will be a major training facility for the bank. He said they agree with all of staff's recommended stipulations. Mr. Leo Baumann, Vice President of Corporate Properties, said Wells Fargo is thrilled to be part of the City of Glendale, stating the facility will serve the entire west valley. Mayor Scruggs opened the public hearing on Agenda Item No. 17. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2519 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO PAD (PLANNED AREA DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2519 New Series. Councilmember Clark congratulated 91 Glendale and Wells Fargo, stating she is delighted they will be locating in western Glendale. She said the project would be a wonderful compliment to what is occurring at Xanjero and Westgate. Councilmember Frate noted the City Council identified attracting quality jobs to the city as one of its goals, stating Wells Fargo is exactly the type of business they hoped to attract. 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. 23 ORDINANCES Mr. Beasley, City Manager, requested that item 19 be heard before item 18. 19. ANNEXATION AREA NO. 160 ORDINANCE Mr. Jon Froke, AICP, Planning Director, presented this item. This is a request for the City Council to adopt an annexation ordinance for Annexation Area No. 160, which consists of 738 acres located at the southeast corner of Loop 303 and Olive Avenue. This annexation request supports the strategic goals of: • Strong Neighborhoods — the area to be annexed will be the future home to one of Glendale's strong neighborhoods in the far west area of the city. • Quality Economic Development — a significant amount of acreage will be available for potential sales tax revenue generating activities, as well as employment areas. • Maintaining an Active Partnership with Luke Air Force Base - active coordination and review processes will be completed with Luke Air Force Base to ensure compatibility of future land uses with the continuing mission of the Base. • High Quality Services for Citizens — annexation of this area adjacent to Loop 303 provides an opportunity for the city to establish emergency response services to the future residents, retailers, and employers that will locate in this portion of Glendale. The 738-acre site is located at the southeast corner of Loop 303 and Olive Avenue within the Glendale strip annexation boundary. This site will be the second location west of Luke Air Force Base to annex into the city. One family owns the property and signatures have been gathered in support of annexation. The property is currently being farmed and contains no population at this time. The initial City of Glendale zoning for the property will be A-1 (Agricultural). Private utility companies already serving or expanding into the area will provide utilities to this site. The city will be responsible for providing police, fire, and emergency response services, as well as sanitation services when development occurs on the site. The Council conducted a public hearing on January 10, 2006 on the blank annexation petition for Annexation Area No. 160 as required by State Statute. Annexation of this site would require that any future development of this area meet the Glendale General Plan requirements, as well as all other development standards for the City of Glendale. The city will benefit from additional employment 24 opportunities and future sales tax revenue, as well as additional population from the development of this property. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale city limits, as defined in the annexation ordinance for Annexation Area No. 160. Mayor Scruggs opened the public hearing on Agenda Item No. 19. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he likes the idea of annexing land near the base because Glendale understands the importance of Luke's mission and its presence in the West Valley. Mayor Scruggs closed the public hearing. Ordinance No. 2512 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE COPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY LOCATED WITHIN AN EXISTING COUNTY ISLAND OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXTION AREA NO. 160. It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2512 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. 18. REZONING APPLICATION ZON05-20: WOOLF CROSSING — 15551 WEST OLIVE AVENUE Mr. Jon Froke, AICP, Planning Director presented this item. This is a request by Earl, Curley & Lagarde, P.C. for the City Council to approve Rezoning Application ZON05-20 for a property located at 15551 West Olive Avenue. The applicant is requesting to rezone from Agricultural (A-1) to Planned Area Development (PAD). The name of the proposed development is "Woolf Crossing". The proposed development is compatible with the Luke Compatible Land Uses, Low Density Residential, and Entertainment Mixed Use land use designations of the General Plan. Additionally, the proposed rezone is consistent with the Economic Development and Growth Areas elements of the General Plan. 25 The applicant intends to develop 738 acres, with a planned community that will include residential, commercial, industrial, open space, and educational land uses on 13 parcels. On May 18, 2006, the Planning Commission recommended approval of the rezoning application, subject to 20 stipulations. Five of these stipulations have been incorporated into the revised PAD book and are no longer necessary. The proposal will create a mixed-use project that incorporates residential, commercial, and industrial land uses to provide a greater variety and intensity of uses. The project will increase local revenue, provide a sound location for commercial uses in the Loop 303 corridor, and allow for a planned residential subdivision to support the commercial and industrial land uses. The applicant sent 153 notification letters to property owners within 600 feet of the site and to interested parties on November 9, 2005. Neither the applicant, nor the Planning Department, received any response to the applicants notification letters. A public notice for the May 18, 2006 Planning Commission hearing on this application was published in the Glendale Star on April 27, 2006. The property was posted on April 20, 2006. Letters were mailed to 153 property owners and interested parties on April 28, 2006. No one attended the public hearing. A public notice for tonight's hearing was published in the Glendale Star on June 1, 2006. The property was posted on April 20, 2006. Post cards were mailed to 153 property owners and interested parties on June 2, 2006. The recommendation was to conduct a public hearing, waive reading beyond the title, adopt an Ordinance, and approve Rezoning Application ZON05-20, as recommended by Planning Commission. Councilmember Lieberman noted the Northern alignment moves one-half mile north to the Butler Alignment between Dysart and Litchfield Road. Mr. Froke agreed. Mr. Mike Curley, applicant's representative, said the plan before the Council is the culmination of a collaborative effort that has taken place over the past year and a half. He said the enormous implications of Northern Parkway and the realignment of Sarival involved a tremendous amount of effort on the part of the Traffic Engineering Department and City Manager's Office. He stated the property is unique along the Loop 303 corridor, being the only intersection of the Parkway and Loop 303. He pointed out realigning Sarival will allow for a full diamond interchange. He said, while the applicant was hesitant when the city originally asked them to dedicate a significant portion of the property along the Loop 303, they came to realize it was a cooperative effort between the private and public sector. He noted they are dedicating a 15-acre school site to the school district, which is arguably a $2 million dedication. He stated 26 they are also dedicating a park site, taking a disproportionate share of Olive Avenue and spearheading some of the infrastructure resolution for the area along the Loop 303. Councilmember Frate pointed out Luke Air Force Base sent a letter indicating their approval of the project, but recommended the applicant inform potential residents of the base's operation. Mr. Curley said Luke issued two letters indicating the proposal conforms to the graduated density concept. He stated the applicant is amenable to that notice. He noted minor corrections to the stipulations, stating on Page 22 of the report the language should be changed from "shall" to "may" and Paragraph 3a on Page 23 which makes reference to allowing single family attached dwellings should be deleted. Councilmember Lieberman said when he first saw the plans he thought automobile dealers would be located in the area of the Loop 303 and Northern Parkway alignment. He asked if that is still a possibility. Mr. Curley said, while it is a possibility, he cannot guarantee that will happen. Councilmember Goulet asked if there are any concerns that the northeast corner of the intersection will negatively impact the school site. Mr. Curley said they have had extensive discussions with the School District about the location of the school site. He said there is probably 120 to 130 feet of separation from between the school site and the Loop 303 and the School District has indicated they will design around it. Councilmember Clark said she took the opportunity to read the Wolf Crossing book over the weekend. She thanked Mr. Curley and Mr. Kronan from Element Homes for being so generous with their time in responding to her questions and concerns. She commended Element Homes for their 80-foot dedication for Northern Avenue stating it sets precedence for other developers along Northern Avenue. She said she also appreciates the five-acre dedication for a future public safety facility. Mayor Scruggs opened the public hearing on Agenda Item No. 18. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2520 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO PAD (PLANNED AREA DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2520 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. 27 20. SALT RIVER PROJECT ELECTRICAL EASEMENTS Mr. Larry Broyles, City Engineer, presented this item. This is a request for the City Council to adopt an ordinance granting the following easements in favor of Salt River Project (SRP); (1) underground power distribution easement east of 83rd Avenue within the new right-of-way of Bethany Home Road; (2) underground power distribution easement at on the east side on Zanjero Boulevard, south of Cabela Drive; and (3) electrical transmission line easement along the east side of 67th Avenue, across Glendale Avenue The realignment of Bethany Home Road at 83rd Avenue requires SRP to relocate its existing power distribution facilities to accommodate this construction. To provide electrical service to the Cabela's building, SRP needs a tie-in to its electrical facilities located on the east side of Zanjero Boulevard, approximately 300 feet south of Cabela Drive. Roadway improvements at 67th and Glendale avenues require SRP to relocate its electrical transmission lines and poles to accommodate this construction. These easements are necessary to protect SRP's existing land rights and facilities in the new locations. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute the easements in favor of Salt River Project. Ordinance No. 2521 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 TWO POWER DISTRIBUTION EASEMENTS IN FAVOR OF SALT RIVER PROJECT AT THE FOLLOWING LOCATIONS: (1) EAST OF 83RD AVENUE WITHIN THE NEW RIGHT-OF-WAY OF BETHANY HOME ROAD; AND (2) ON THE EAST SIDE ON ZANJERO BOULEVARD, SOUTH OF CABELA DRIVE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2521 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. 28 PUBLIC HEARING — RESOLUTION 21. FINAL REVIEW AND ADOPTION OF FISCAL YEAR 2006-07 OPERATING BUDGET AND FISCAL YEAR 2007-2016 CAPITAL BUDGET Ms. Sherry Schurhammer, Management and Budget Director, presented this item. This is a request for the City Council to review and approve the Fiscal Year (FY) 2006-07 final operating budget and FY 2007-2016 final capital budget, conduct a public hearing, and adopt a resolution formally approving the operating and capital budgets for FY 2006-07. The budget incorporates the Council's strategic goals and key objectives, while ensuring the city's financial stability by presenting realistic analyses about the provision of city services and future revenue expectations. The foundation is the Council's vision of 'one community' and the supporting strategic goals and key objectives, which are identified below: 1 . Supporting strong neighborhoods; 2. Fostering quality economic development; 3. Continuing the development of a vibrant city center; 4. Maintaining an active partnership with Luke Air Force Base; 5. Providing high quality services for citizens; and 6. Continuing with fiscally sound financial management practices. The recommended budgets address these strategic goals and objectives. They also identify other community needs, with public safety having a high priority, while also focusing on fiscal responsibility. The intent of the recommended budgets is to better provide quality city services that support a high quality of life for the entire Glendale community. The recommended budgets also reflect continued investment in the community as a result of Council's prudent direction. The operating budget reflects Council-approved memorandums of understanding with both Police and Fire personnel to ensure that Glendale obtains and retains the most qualified staff to provide public safety services to our residential and business communities. In addition, the Council approved pay adjustments for the rest of city staff to ensure that Glendale remains competitive in recruiting and retaining the best- qualified staff. The pay adjustments continue to be based on a market survey of other Valley cities. Overall, the Council approved the addition of $5.2M to the General Fund (GF) base budget to implement these important pay adjustments. In keeping with the strategy of addressing staffing issues as part of the FY 2006- 07 budget, the Council added a total of 115.5 new positions, with 82.5 positions added to the General Fund base budget and 33 positions added to the base budget of other 29 funds. Another 13 positions were added mid-year FY 2006 as a result of a federal grant. Steadily increasing demands for city services have occurred over the past several years as Glendale's population continues to grow, especially with the rapid transformation of Glendale's western area. Now, ongoing revenue sources have increased sufficiently to support additional staff. Examples of some of the positions added to the FY 2006-07 budget are explained below. • As a result of additional staff for the Police Department, as well as civilianization of several positions, 31 officers will be deployed to provide direct services to the Glendale community. Some of the additional ongoing staffing for the Police Department includes 22 new patrol officer positions, which includes the 13 officer positions attributable to the federal government's COPS universal hiring grant awarded early in 2006, and a training academy officer. The civilian positions include three accident investigators, one impound administrator, one identification technician, one communication specialist, one detention officer, one research and planning analyst, one stadium events coordinator, one stadium events scheduler, and three case managers to be assigned to the criminal investigations bureau. • The Fire Department will see the addition of 16 new, ongoing positions, including 14 firefighter positions, two of which will be dedicated to the new training facility, as well as two fire inspector positions. Included in this new staffing is phase II of the Rapid Response Team, an urban rescue team trained to respond to threats or acts of terrorism, a program that the Council approved in July of 2004 when the city formally accepted a federal homeland security grant. • The Homeland Security Department will receive six new, ongoing positions, including staff needed to start up and operate the Emergency Operations Center as it opens in FY 2006-07. • The City Attorney's Office will receive six new, ongoing positions, with all being assigned to the City Prosecutor's Office, to ensure compliance with city codes that promote public health and safety, eliminate conditions that contribute to blight and deterioration, and preserve the quality of life in neighborhoods. • The staffing of the Parks and Recreation Department will be supplemented by the addition of 11 new, ongoing positions, including nine positions for the Foothills Recreation and Aquatic Center. 30 Aside from increases to staffing levels, other additions to the FY 2006-07 operating budget include the following: • Approximately $1.6M in one-time funds to address specialized equipment needs of the Police Department, as well as overtime, some vehicle maintenance cost increases that may not be of an ongoing nature, and recruitment costs for new positions; • Approximately $2M in one-time funds to replace specialized fire equipment used to provide direct services to the Glendale community, provide additional paramedic training in advanced life support, and add another rescue medic unit so engine and ladder companies can improve their response and reliability performance for real fire situations; • Approximately $3M in funds for the city's pavement management program, an amount that is $750,000 or 33% more than the FY 2005-06 allocation of $2.25M; and • $700,000 for the Neighborhood Improvement Grants program to provide capital improvements to various neighborhoods throughout the city such as right-of-way landscaping enhancements and neighborhood entryways. The principal issue Glendale faces in FY 2006-07 is related to the status as host city for the national Fiesta Bowl and first-ever Bowl Championship Game. These two events are coming to Glendale for the first time in FY 2006-07. The costs associated with providing public safety services and other city services to these world-class sports facilities can be significant. To prepare the city for this situation, the Council set aside a total of $7M in a National Events Fund ($1M in FY 2004-05 plus $5M in FY 2005-06 plus $1M in FY 2006-07) for the 2007 Fiesta Bowl and Bowl Championship Series events, plus the 2008 Super Bowl and related events. On the capital side, construction on phase I of the Public Safety Training Facility and the Emergency Operations Center is expected to continue into FY 2006-07, with both facilities opening after the fiscal year begins. Construction on a new facility for Fire Station 151 is expected to commence in FY 2006-07. Fire Station 151 will be moving from its current location in a residential neighborhood to a new location that should facilitate better response times, with less disruption to residential neighbors. Also underway are studies for a downtown parking garage and new police and fire administration facilities in the center city area. In the emerging sports, entertainment, retail, commercial, and residential corridor in west Glendale, construction has begun on a privately financed Marriott Renaissance Hotel and Spa. Other facilities to be constructed in conjunction with this hotel project are an 80,000 square foot conference center and parking garage, a first-class Media Center, and a new Cable Studio for the city's cable station, KGLN 11. Numerous water, wastewater, and sewer capital projects are also scheduled for FY 2006-07, as the city 31 continues to devote the necessary resources to maintain and upgrade the city's potable water system and sanitary sewer system. Overall, the FY 2006-07 capital budget reflects the city's commitment to making the capital investments needed to meet the needs of the Glendale residential and business community. The FY 2006-07 GF revenue projection is fiscally prudent and reasonable and is linked to forecasts by experts on the Arizona economy. The consensus among these experts is that next year will see a continuation of the vibrant, strong economy we are experiencing today. Nevertheless, a cautious approach was taken in establishing the GF revenue projection for FY 2006-07. An indication of the strength in today's economy is the growth Glendale has experienced with GF ongoing revenue. Between FY 2001-02 and FY 2004-05, GF ongoing revenue increased 26% or $30.2M. City sales tax revenue increased 27% or $11 .1M over the same period of time, with state-shared revenue rising 6% or $2.8M. These ongoing revenue sources have continued to grow in the current fiscal year. For example, FY 2005-06 state-shared revenue is expected to come in $5.2M or 10.5% ahead of collections in FY 2004-05. The city is well on its way to meeting that expectation. At the end of nine months, FY 2005-06 state-shared revenue source is already $5.7M or almost 16% ahead of collections in FY 2004-05. The story is the same for city sales tax receipts. FY 2005-06 city sales tax revenue is expected to come in $6.2M or 12% ahead of collections in FY 2004-05. Again, the city is well on its way to meeting that expectation. At the end of nine months, FY 2005-06 receipts are more than $4M or 10% ahead of FY 2004-05 collections for the same period. As with state-shared revenue, city sales tax collections typically are higher during the last half of the fiscal year. While the city has experienced some outstanding rates of growth in its ongoing GF revenue over the past few years, the FY 2006-07 GF revenue projection reflects continued, but more moderate, growth. Specifically, the GF ongoing revenue projection assumes a cautious growth rate of 4.3%, which equates to $6.8M more than the GF revenue we expect to collect this fiscal year. For city sales tax, the projection reflects a 5.9% growth rate. For state-shared revenue, the projection reflects a 4% growth rate after adjusting for the expected impact of the mid-decade census on the distribution of state-shared revenues. The city's revenue is expected to continue growing in FY 2006-07 as the Phase I development of the Westgate project is expected to open its committed retail, restaurant, and entertainment venues totaling approximately 500,000 square feet. In addition, development in and around Glendale's professional sports facilities is moving forward at a rapid pace. Of particular note is the southwest region's first Cabela's store that is expected to open in late summer of 2006 in the Zanjero development. Complementary tourist businesses, such as hotels and restaurants, are also coming out of the ground in the Zanjero development. 32 The realized and anticipated growth in ongoing revenue is significant because it means Glendale can support and maintain quality, ongoing city services to sustain a high quality of life for the Glendale community. This kind of healthy growth is a result of the economic development strategies that are based on Council's guidance. These economic development strategies have led to Glendale's strong financial status that positions us for a bright future. The FY 2006-07 preliminary operating budget and FY 2007-16 preliminary capital budget were presented to the Council on June 13, 2006. The Council also conducted a public hearing on June 13, 2006 on the FY 2006-07 preliminary operating budget and FY 2007-16 preliminary capital budget, adopted a resolution accepting them, and gave notice of the date June 27, 2006 for a public hearing on setting the property tax levy. Prior to June of 2006, a series of five budget workshops were conducted in March and April of 2006 to review the proposed operating and capital budgets. Glendale's budget is an important financial, planning and public communication tool. It gives residents and businesses a clear and concrete view of the city's direction for public services, operations and capital facilities and equipment. It also provides the community with a better understanding of the city's ongoing needs for stable revenue sources to fund public services, ongoing operations and capital facilities and equipment. Most importantly, the budget also provides the Council and residents a means to evaluate the city's financial stability. The FY 2006-07 preliminary operating budget and FY 2007-16 preliminary capital budget were presented to the Council on June 13, 2006. The Council also conducted a public hearing on June 13, 2006 on the FY 2006-07 preliminary operating budget and FY 2007-16 preliminary capital budget, adopted a resolution accepting them, and gave notice of the date June 27, 2006 for a public hearing on setting the property tax levy. Summary information regarding the preliminary operating and capital budgets, presented to the Council on June 13, 2006, was published in the Glendale Star on June 15, 2006, and June 22, 2006. As of Friday, June 9, 2006, the Preliminary FY2006-07 Annual Budget Book is also available on line at www.glendaleaz.com. All budget workshops were open to the public and were posted publicly per state requirements. The annual budget (all funds) for the City of Glendale is divided into four major components, which include all appropriations for the city. The total budget, including all four components, is $913 million. 33 The four components and their respective total amounts for FY 2006-07 are as follows: • The operating budget finances the day-to-day provision of city services and totals $337 million (all funds); • The capital improvement budget funds the construction of city facilities, such as roads and buildings, and totals $435 million (all funds) for FY 2006-07; • The debt service budget is used to repay money the city has borrowed, primarily for capital improvements, and totals $53 million (all funds); and • The final component of the budget is the contingency appropriation, which is made up of funds reserves and is available to cover emergency expenses or revenue shortages, and totals $88 million (all funds) for FY 2006-07. The budget includes revenue estimates totaling $637.4 million (all sources). Total uses of all fund balances, including proceeds from bonds previously sold, total approximately 275.6 million. The primary property tax rate will be set at $0.2925 and the secondary property tax rate will be set at $1.4275, for a total of $1 .72. The total property tax rate has not changed since FY 2000-01 . All Truth in Taxation requirements of A.R.S. 42-17107 have been met and the primary property tax levy has not increased, except for the amount attributable to new construction. The recommendation was to conduct a public hearing on the FY 2006-07 final operating budget and the FY 2007-16 final capital budget, waive reading beyond the title, and adopt a resolution formally approving the operating and capital budgets for FY 2006-07. Councilmember Clark commented a news story reported Mesa will be cutting 125 jobs and reducing the hours of several of their recreation facilities in an effort to make up for unexpected revenue shortfalls. She stated Glendale's Council Members may disagree from time to time, but they are all fiscally conservative and have mandated that the city's fiscal reserves remain high. She said recognition should also go to staff, who are ever mindful of the Council Members' conservative tendencies. Mayor Scruggs opened the public hearing on Agenda Item No. 21. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said, knowing the dire shape which other valley cities are in, he applauds Glendale's fiscally prudent and conservative approach. He thanked the Council and citizens who serve on the various committees for their efforts. Mayor Scruggs closed the public hearing. 34 Resolution No. 3980 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THE ESTIMATES OF THE AMOUNTS REQUIRED FOR THE PUBLIC EXPENSE FOR THE CITY OF GLENDALE FOR THE FISCAL YEAR 2006-2007; ADOPTING A FINAL BUDGET; AND SETTING FORTH THE REVENUE AND THE AMOUNT TO BE RAISED BY DIRECT PROPERTY TAXATION FOR THE VARIOUS PURPOSES. It was moved by Frate, and seconded by Martinez, to pass, adopt and approve Resolution No. 3980 New Series. Councilmember Martinez agreed with Councilmember Clark's comments, stating the Council comes together when it comes to voting on significant issues for the city. He stated the city's General Fund balance would be $88 million, which speaks well for the Council's conservative approach. Councilmember Frate said the public safety training facility will set Glendale apart from other valley cities in terms of attracting and training applicants. Mayor Scruggs expressed the Council's appreciation to staff, noting they held five different workshops on the budget. She said she is very aware of the workload placed on staff and knows everyone is focused 100 percent on making sure Glendale shines. She stated she was recently asked by a reporter what keeps the citizens supportive of all that is happening in Glendale. She said she attributed the citizen support to the fact that the City Council and staff take care of hometown issues first. She thanked staff for all they do to make Glendale the best-run city in the state. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Clark, to vacate the July meetings, hold a City Council Workshop at 1:30 p.m. on Tuesday, August 15, 2006 in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38-431.03 and to vacate the August 22, 2006 meeting and reschedule it to August 29, 2006. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed concern about the lack of a stoplight at the regional park on Northern Avenue, stating it will make it difficult for children and families north of Northern Avenue to access the park safely. He noted the south side of Northern does not even have a real sidewalk, making it difficult for people to access the light at 61st. He suggested they install a stop light at 631d Avenue, noting the light would also help slow down traffic in the area. Mr. Clark said there is great concern among citizens about eminent domain and that tax 35 revenue might be used as justification for the taking of someone's property. He strongly urged the Council to lobby for stronger measures that tightly limit the use of eminent domain. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark explained the Council is vacating for the month of July rather than August this year because a lot of activity will be occurring in and around the • new stadium during the month of August. She wished everyone a happy 4th of July. Councilmember Lieberman noted Glendale's population is over 242,000. He announced a Glendale Candidate Forum would be held Thursday morning at the Glendale Civic Center. He wished everyone a happy and safe summer. He reminded residents that two seconds is too long when it comes to children around water. Councilmember Martinez stated the recreation water center on Union Hills should open in late August or early September. He said the barricades at the intersection at 75th Avenue and Deer Valley are temporary. He assured citizens that, while the Council will not be holding workshops or meetings during the month of July, most of them will be available should they have questions or concerns. Councilmember Frate announced a Water Safety Walk would take place June 28, noting they will meet at the Adult Center at 5:00 p.m. He said Braxton Bilvery, the young boy who swam from Alcatraz Island to San Francisco, will be there as part of his ongoing effort to raise awareness about child drownings. Mayor Scruggs said she and her fellow Council members will certainly be around during the month of July, but it is a chance to take a little time off. ADJOURNMENT There being no further business, the meeting was adjourned at 8:45 p.m. ail L Ar: Pamela anna - City Clerk 36