Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/28/2006 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, NOVEMBER 28, 2006, AT 6:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the five resolutions 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 NOVEMBER 13, 2006 SPECIAL CITY COUNCIL MEETING, THE NOVEMBER 14, 2006 REGULAR CITY COUNCIL MEETING, AND THE NOVEMBER 15, 2006 SPECIAL CITY COUNCIL MEETING It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the November 13, 2006 Special City Council meeting, the November 14, 2006 Regular City Council meeting, and the November 15, 2006 Special 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. Aviation Advisory Committee Effective Expiration Carl M. Dietzman Ocotillo Vice Chair 11/28/2006 11/28/2007 Paul Alexander Yucca Reappointment 11/28/2006 11/28/2008 Marcio Moreno At-Large Appointment 11/28/2006 11/28/2008 Mayoral 1 William Scott Sahuaro Appointment 11/28/2006 11/28/2008 Citizens Transportation Oversight Committee Lawrence Kucera At-Large Appointment 11/28/2006 11/28/2008 Barrel Community Development Advisory Committee Pete Spagna Jr. Cactus Appointment 11/28/2006 6/29/2008 Housing Advisory Commission Roslyn Abramowitz Cholla Chair 11/28/2006 7/01/2007 Historic Preservation Committee Alex Ortega At-Large Appointment 11/28/2006 4/14/2007 Ocotillo Library Advisory Board Rochelle Nicole Jones At-Large Appointment 11/28/2006 5/27/2008 Barrel Personnel Board Theresa Leon At-Large Vice Chair 12/22/2006 12/22/2007 Barrel 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 Carl M. Dietzman, Paul Alexander, Marcio Moreno and William Scott to the Aviation Advisory Commission; Lawrence Kucera to the Citizens Transportation Oversight Committee; Pete Spagna, Jr. to the Community Development Advisory Committee; Roslyn Abramowitz to the Housing Advisory Commission; Alex Ortega to the Historic Preservation Committee; Rochelle Nicole Jones to the Library Advisory Board; and Theresa Leon to the Personnel Board, for the terms listed above. The motion carried unanimously. Mayor Scruggs called the appointees forward to receive the oath. Aviation Advisory Committee: Carl M. Dietzman, Marcio Moreno, William Scott; Citizens Transportation Oversight Committee: Lawrence Kucera; Community Development Advisory Committee: Pete Spagna, Jr; Historic Preservation Committee: Alex Ortega; 2 Housing Advisory Board: Roslyn Abramowitz; Library Advisory Board: Rochelle Nicole Jones received the oath. PROCLAMATIONS AND AWARDS DISTINGUISHED BUDGET PRESENTATION AWARD This is a request for the City Council to accept the Distinguished Budget Presentation Award for exemplary budget documentation as reflected in the city's Fiscal Year 2006-07 annual budget book. This accomplishment represents the City Council's commitment to fiscally sound financial practices. The Government Finance Officers Association of the United States and Canada (GFOA) recently issued the Distinguished Budget Presentation Award for the city's Fiscal Year 2006-07 budget book. This is the 18 time the city has been presented this award for its annual budget document. The Council accepted the Distinguished Budget Presentation Award for exemplary budget documentation for the Fiscal Year 2005-06 budget book on January 10, 2006. Each year the annual budget book is prepared to provide complete, readily available information to the City Council, citizens, the media, other public agencies and New York-based bond-rating agencies. Preparation of the annual budget book reflects positively on a local government's financial management by providing complete public disclosure of its financial condition. It provides valuable information on topics as diverse as revenue and expenditure plans for the current fiscal year's operating and capital budgets, as well as the 10-year capital improvement plan, current and future debt service obligations for existing operating and capital debt, and performance measures for departments. The recommendation was to accept the Distinguished Budget Presentation Award. Mayor Scruggs called Sherry Schurhammer, Budget Director, forward. Ms. Schurhammer explained the significance of the award. Ms. Schurhammer presented the award to the Mayor and City Council. Mayor Scruggs accepted the award on behalf the citizens of Glendale and the City Council. She thanked Ms.Scurhammer, her team and the finance and budget office. She also thanked Ray Shuey, Art Lynch and all who were instrumental in helping achieve this important recognition. She stated she was extremely proud of this award. 3 CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 8 and Ms. Pamela Hanna, City Clerk, read Consent Agenda Resolution Number 9 by number and title. Mayor Scruggs noted that a citizen wished to address the City Council on Item #2. Mr. Jesus Altamirano spoke in favor of the application for Cisco's Backyard Grill. 1. LIQUOR LICENSE NO. 3-1087 ESCANDALO This is a request for the City Council to approve a person-to-person transfer of this Series 6 (Bar — All Liquor) license for Escandalo, located at 5510 West Camelback Road, No. 9-12, The Arizona State application (number 06070575) was submitted by Jesus Aceves Placencia. The 60-day deadline for processing this application is December 3, 2006. The location of the establishment will be 5510 West Camelback Road, No. 9-12 and is within the Cactus District, zoned C-2 (general commercial). This establishment is over 300 feet from any school or church. At this location, Sookie's Bar and Grill operated from December 2000 to January 2003, Club Maximillians from January 2003 to April 2004, The Detour from April 2004 to January 2006, and Bulldogz from January to October 2006. All of these establishments have operated with a Series 6 liquor license. Escandalo is currently operating with an interim permit. The population density is 3,885 people per square mile. The approval of this license will not increase the total number of liquor licenses in this area. The number of liquor licenses within a one-mile radius is 18 as listed below: Series Type Quantity 4 Wholesaler 1 6 Bar- All Liquor 6 7 Bar- Beer& Wine 2 9 Liquor Store - All Liquor 2 10 Liquor Store - Beer& Wine 6 14 Private Club 1 Total 18 No previous action has occurred. No protests were received during the 20-day posting period. The City of Glendale Planning and Police Departments, as well as the Maricopa County Health Department, have reviewed the application, determined that it meets all technical requirements and have approved this license. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 4 2. LIQUOR LICENSE NO. 3-1088 CISCO'S BACKYARD GRILL This is a request for the City Council to approve a new Series 12 (Restaurant — All Liquor) license for Cisco's Backyard Grill, located at 6666 West Peoria Avenue, Suite No. 119. The Arizona State application (number 12076850) was submitted by Leonor Edelmira Martinez Paz. The 60-day deadline for processing this application is December 3, 2006. The location of the establishment is 6666 West Peoria Avenue, Suite No. 119 and is within the Barrel District, zoned C-2 (general commercial). This business operated as Backyard Grill from May 2004 to June 2005, and Cisco's Backyard Grill from June 2005 to present. Both establishments operated without a liquor license. This is a new license application by Leonor Edelmira Martinez Paz. The population density is 5,937 people per square mile. The approval of this license will increase the total number of liquor licenses in this area by one. The number of liquor licenses within a one-mile radius is 10 as listed below: Series Type Quantity 6 Bar— All Liquor 2 7 Bar— Beer & Wine 1 9 Liquor Store —All Liquor 1 10 Liquor Store — Beer & Wine 2 12 Restaurant—All Liquor 4 Total 10 No previous action has occurred. No protests were received during the 20-day posting period. The City of Glendale Planning and Police Departments, as well as the Maricopa County Health Department, have reviewed the application, determined that it meets all technical requirements and have approved this license. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. LIQUOR LICENSE NO. 3-1089 PRESTO PIZZA AND WINGS #2 This is a request for the City Council to approve a new Series 12 (Restaurant — All Liquor) license for Presto Pizza and Wings #2, located at 5932 West Bell Road, Suite D-109. The Arizona State application (number 12076846) was submitted by Mario A. Lopez. The 60-day deadline for processing this application is December 3, 2006. The location of the establishment is 5932 West Bell Road, Suite D-109 and is within the Sahuaro District, zoned PAD (planned area development). This business operated as Little Vito's, Inc. from November 2002 to April 2005, and Pasquale's LLC from April 5 2005 to present. Pasquale's LLC held a Series 12 liquor license from September 2005 to present. Presto Pizza and Wings #2 is operating with an interim permit. The population density is 2,989 people per square mile. The approval of this license will not increase the total number of liquor licenses in this area. The number of liquor licenses within a one-mile radius is 50 as listed below: Series Type Quantity 6 Bar—All Liquor 11 7 Bar— Beer& Wine 4 9 Liquor Store —All Liquor 3 10 Liquor Store — Beer & Wine 6 12 Restaurant —All Liquor 26 Total 50 No previous action has occurred. No protests were received during the 20-day posting period. The City of Glendale Planning and Police Departments, as well as the Maricopa County Health Department, have reviewed the application, determined that it meets all technical requirements and have approved this license. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 4. LIQUOR LICENSE NO. 3-1090 BEYOND THE GRAPE This is a request for the City Council to approve a person-to-person transfer and location transfer of this Series 7 (Bar — Beer and Wine) liquor license for Beyond the Grape, located at 8110 West Union Hills Drive, Building 4, Suite 400. The Arizona State application (number 07070867) was submitted by Kelly Ann McCormack. The 60-day deadline for processing this application is December 9, 2006. This establishment is over 300 feet from any school or church. The location of the establishment will be 8110 West Union Hills Drive, Building 4, Suite 400 and is within the Cholla District, zoned C-2 (general commercial). This is a person-to-person transfer and location transfer for this Series 7 liquor license. Spencers, located at 5626 West Bell Road, Suite 101 , previously held this Series 7 license. The population density is 3,304 people per square mile. The approval of this license will increase the total number of liquor licenses in this area by one. The number of liquor licenses within a one-mile radius is 17 as listed below: 6 Series Type Quantity 3 Microbrewery 1 6 Bar—All Liquor 1 9 Liquor Store —All Liquor 4 10 Liquor Store — Beer& Wine 1 12 Restaurant—All Liquor 10 Total 17 No previous action has occurred. No protests were received during the 20-day posting period. The City of Glendale Planning and Police Departments, as well as the Maricopa County Health Department, have reviewed the application, determined that it meets all technical requirements and have approved this license. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 5. LIQUOR LICENSE NO. 3-1091 MOE'S SOUTHWEST GRILL This is a request for the City Council to approve a new Series 12 (Restaurant — All Liquor) license for Moe's Southwest Grill, located at 9410 West Hanna Lane, Building A, Suite 101. The Arizona State application (number 12076857) was submitted by Mark Dakin Wise. The 60-day deadline for processing this application is December 14, 2006. The location of the establishment is 9410 West Hanna Lane, Building A, Suite 101 and is within the Yucca District, zoned PAD (planned area development). This is a new Series 12 liquor license application and a new location in the Westgate City Center. The population density is 1,350 people per square mile. The approval of this license will increase the total number of liquor licenses in this area by one. The number of liquor licenses within a one-mile radius is 5 as listed below: Series Type Quantity 6 Bar—All Liquor 2 7 Bar— Beer& Wine 1 10 Liquor Store — Beer & Wine 1 12 Restaurant — All Liquor 1 Total 5 No previous action has occurred. No protests were received during the 20-day posting period. 7 The City of Glendale Planning and Police Departments, as well as the Maricopa County Health Department, have reviewed the application, determined that it meets all technical requirements and have approved this license. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 6. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE ARTS COUNCIL — ART EXHIBIT This is a request for the City Council to approve a special event liquor license for Glendale Arts Council for an art exhibit reception to be held at Sahuaro Ranch Park, located at 9802 North 59th Avenue. The reception will be on Friday, March 23, 2007 from 7:00 to 9:00 p.m. The special event liquor license was submitted by Judith Lee Atkins. If this license is approved, the total days expended by this applicant will be one of the allowed 10 days per year. Under the provisions of Arizona Revised Statutes Sec. 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. No previous action has occurred. The City of Glendale Planning, Fire, and Police Departments have reviewed the application, determined that it meets all technical requirements and have approved the license. Therefore, it is staffs recommendation to forward the application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 7. AWARD OF CONTRACT TO UPDATE DEVELOPMENT IMPACT FEES This is a request for the City Council to award a contract to TischlerBise, formerly Tischler & Associates, to update Glendale's development impact fees in an amount not to exceed $100,000. The development fee update is consistent with the Council's goal of ensuring the city's financial stability and ensuring new growth pays its fair share of required capital costs. Specifically, the city's financial policy states that, "Where possible, projects that are constructed in response to growth in the community should be financed through growth in the tax base or through development impact fees." Development Impact fees (DIF) are one-time charges to developers that are used to offset the costs resulting from new development. In 1994, the city undertook an impact fee study that was completed and implemented on February 1, 1997. At that time, the Council requested the fees be revisited and updated every three years. 8 In July of 1999, the Council approved the selection of TischlerBise to provide an update in 2000. TischlerBise completed updates again in the spring of 2001 and most recently in the spring of 2006. In 2006, the Council expressed a desire to revisit the fees every two years to capture the rapidly changing costs of construction. Therefore another update is needed at this time and is expected to be complete by spring of 2007 with a public hearing in the fall and an effective date in January of 2008. All current DIFs, with the exception of water and sewer DIFs, will be updated. The water and sewer DIFs will be updated separately as part of the Utilities Department's needs assessment, which will be presented to Council in the spring of 2007. TischlerBise has calculated impact fees for jurisdictions across the country with populations ranging from 2,000 to 1,000,000. In Arizona, TischlerBise has been involved in impact fee studies for Apache Junction, Avondale, Buckeye, Carefree, Casa Grande, Cave Creek, Coolidge, El Mirage, Flagstaff, City of Maricopa, Northwest Fire District, Peoria, Queen Creek, Surprise, Tolleson, and Yuma. The last update was completed by TischlerBise and adopted by City Council in the spring of 2006, with an effective date of September 12, 2006. The development fee update is consistent with the Council's goal of ensuring the city's financial stability and ensuring that new growth pays its fair share of required capital costs. The fee update will allow the City to continue to coordinate new growth with the services demanded. Developers pay development impact fees when they construct new residential and commercial developments. These fees cover the increased cost to the city of providing new infrastructure in the following categories: parks, recreation facilities, open space and trails, libraries, police, fire/emergency services, roadway improvements, solid waste services, general government, water and sewer. Funding for this proposal is available in current development impact fee accounts. The cost of preparing the development impact fee is included in the fee calculations in order to create a source of funding to conduct regular updates. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $100,000 Account Name, Fund, Account and Line Item Number: Various Development Impact Fee Accounts The recommendation was to award a contract to TischlerBise formerly Tischler & Associates for an update of Glendale's development impact fees in an amount not to exceed $100,000. 9 8. AWARD OF PROPOSAL 06-40, FEDERAL LEGISLATIVE RESPRESENTATION SERVICES FOR THE PROTECTION OF THE MISSION OF LUKE AIR FORCE BASE This is a request for the City Council to approve the award for federal legislative consultant services for the protection of the mission of Luke Air Force Base (LAFB). Continuing to ensure federal and state support for LAFB by building and enhancing lobbying efforts is an approved strategic goal of the Council. Nine proposals were received to provide federal legislative consulting services for the protection of the mission of LAFB. An evaluation panel, consisting of representatives from the cities of Avondale, Buckeye, El Mirage, Gila Bend, Glendale, Goodyear, Litchfield Park, Peoria, Phoenix, Surprise, Tolleson, Wickenburg, Youngtown and Maricopa County, reviewed the proposals. Specific evaluation factors include: consulting experience, communication plan and cost. A collective ranking of the two finalists invited to Arizona for oral presentations resulted in a recommended award to Hyjek & Fix, Inc. Hyjek & Fix, Inc. has partnered with Akin Strass Hauer & Feld, LLP, one of the world's largest international law firms, and R&R Partners, a local integrated marketing communications firm, to secure federal funding and advance policy priorities for the retention and expansion of LAFB. With Council approval, the agreement shall begin December 1, 2006 and continue for one year. The proposal specifications contain an option clause that will permit the city, at the discretion of the City Manager, to extend this agreement for four additional years in one-year increments. As the U.S. Air Force's largest fighter wing and the only active duty F-16 training base in the world, LAFB plays a critical role in protecting America's freedom and security. And, with over 8,000 employees and a financial impact of nearly $2 billion annually, LAFB is key to Glendale's and Arizona's economic viability. Avondale, Buckeye, El Mirage, Gila Bend, Glendale, Goodyear, Litchfield Park, Peoria, Phoenix, Surprise, Tolleson, Wickenburg, Youngtown and Maricopa County will share the cost of the $250,000 annual contract. Glendale's contribution to the annual cost is $50,000. Glendale will serve as the administrator of the contract and will bill each partner annually and pay monthly invoices. 10 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $50,000 Account Name, Fund, Account and Line Item Number: Liability Account, Account No. 1000-01000-213100 The recommendation was to approve the award for federal legislative consulting services for the protection of the mission of Luke Air Force Base to Hyjek & Fix, Inc. in the amount of $250,000, of which $50,000 will be paid by the City of Glendale. CONSENT RESOLUTIONS 9. ACQUISITION OF RIGHT-OF-WAY FOR THE GLENDALE ONBOARD TRANSPORTATION PROGRAM This is a request for the City Council to authorize the purchase of two properties needed for completion of the Northern Parkway and two properties along 51st Avenue that are needed for intersection improvements. The total cost is $303,697. One of Council's goals is "A City with High Quality Services for Citizens". Improving and providing transportation options within the city will assist in achieving this goal. In 2001, Glendale voters approved matching funds for the Northern Parkway between Grand Avenue and Loop 303 and for intersection improvements along 51St Avenue. In 2004, voters of Maricopa County approved funding for the design and construction of the Northern Parkway. The purchases are negotiated settlements based on appraised values. The two properties to acquire for the Northern Parkway are described below: South side of Northern Avenue and East of 70th Avenue Dan and Susan Olson, L.L.C., owners of property located along the south side of Northern Avenue east of 70th Avenue, will sell approximately 20,361 square feet of property for$153,539. Southeast corner of Northern and 71St Avenues Hunt, Oleson and Oleson, L.L.C. owners of property located at the southeast corner of Northern and 71st Avenues, will sell approximately 9,183 square feet of property for $56,958. The two properties to acquire for 515t Avenue intersection improvements are described below: 11 Southwest corner of 51St and Glendale Avenues Rajwani Investments, L.L.C., owners of property located at the southwest corner of 51st and Glendale Avenues, will sell approximately 1,285 square feet of property for$21,200. Northeast corner of 51st and Peoria Avenues Lawrence R. and Sally Ann Mantle, owners of property located at the northeast corner of 51st and Peoria Avenues, will sell approximately 3,668 square feet of property for$72,000. The Fiscal Year 2006-07 Capital Improvement Program approved by the Council includes funding for these projects from the half-cent transportation sales tax program. On June 13, 2006, the Council approved the General Engineering Consultant contract for the Glendale Onboard (GO) Transportation Program, which included completion of the Northern Parkway Design Concept Report. On May 24, 2004, the Council approved a professional services agreement with AMEC Infrastructure for intersection improvements on 51St Avenue between Camelback Road and Peoria Avenue. The Northern Parkway will provide a high speed and high capacity roadway connection across the West Valley. It will tie together the emerging western portion of Glendale and support economic development along the corridor. Intersection improvements will improve capacity and safety. The Glendale Onboard Program provides multiple opportunities for public input. This year, an annual report was sent to all Glendale households, a transportation fair was held on April 9, 2006, and a community meeting for the annual report was held on April 19, 2006. Over the last three years, three corridor wide public meetings and nine neighborhood public meetings have been held on the Northern Parkway. Funds for right-of-way acquisition and improvements are budgeted as part of the GO Transportation Program. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $303,697 Account Name, Fund, Account and Line Item Number Northern Avenue Super Street, Account No. 2210-65016 550400($210,497) 51St Avenue, Camelback to Peoria, Account No. 2210-65010 550400($93,200) The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute all documents necessary to purchase the rights-of-way for the Glendale Onboard (GO) Transportation Program in an amount not to exceed $303,697. 12 Resolution No. 4006 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 ACQUISITION OF PROPERTY AS RIGHT-OF-WAY FOR THE NORTHERN PARKWAY AND 515T AVENUE INTERSECTION IMPROVEMENTS FOR THE GLENDALE ONBOARD TRANSPORTATION PROGRAM; AND DIRECTING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. It was moved by Eggleston, and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 9, including the approval and adoption of Resolution No. 4006 New Series; and to forward Liquor License Application No. 3-1087 for Escandalo, Liquor License Application No. 3- 1088 for Cisco's Backyard Grill, Liquor License Application No. 3-1089 for Presto Pizza and Wings #2, Liquor License Application No. 3-1090 for Beyond the Grape, and Liquor License No. 3-1091 for Moe's Southwest Grill; and Special Event Liquor License for Glendale Arts Council for an art exhibit reception to be held at Sahuaro Ranch Park, located at 9802 North 5e Avenue, on March 23, 2007, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 10. PUBLIC HEARING — PROPOSED ANNEXATION NO. 159: 9890 WEST GLENDALE AVENUE Mr. Jon Froke, Planning Director, presented this item. This is a request for the City Council to conduct a public hearing on the blank annexation petition for Annexation Area No. 159, as required by state statute. The vacant property consists of 29 acres, and is located at the immediate northeast corner of 99th and Glendale Avenues. This is the location of the City of Glendale's proposed Park and Ride lot. The annexation will ensure that the Park and Ride lot, and all perimeter improvements, are developed within the city. Glendale 2025, the city's General Plan, includes specific goals addressing the need for growth management: The Land Use Element, Goal 2 — "Promote sound growth management methods" and; the Growth Areas Element, Goal 3 — "Manage growth to achieve reasonable, responsible urban development." Annexation is a tool that can be used by the city to direct and manage growth. If annexed to the city, this area will receive city services that include police, fire, water, wastewater, and sanitation services, and all subsequent development must comply with Glendale's current development standards and policies. 13 The blank annexation petition was recorded on October 30, 2006. This public hearing is being conducted during the last 10 days of the 30-day waiting period required by state statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing on the blank annexation petition. All property owners within the area to be annexed have been notified of this public hearing by first class mail. The proposed annexation area has been posted in at least three conspicuous places. The public hearing was advertised in the Glendale Star on November 2, 2006. The Council reviewed the proposed design of the Park and Ride lot at the workshop held on October 3, 2006; the design contract at the Council meeting held on December 13, 2005; and the city's purchase of the property at the Council meeting held on May 24, 2005. The annexation of this 29-acre site would require that any future development of this location meet the Glendale General Plan requirements, as well as all other development standards for the city. The proposed Park and Ride lot will increase the range of transportation options provided to city residents. The recommendation was to conduct a public hearing on the blank annexation petition for Annexation Area No. 159 as required by state statute. Councilmember Lieberman commented on the use of the park and ride. Mayor Scruggs asked for confirmation that the park and ride lot was for public transit. Mr. Froke answered that it was part of the city's transit master plan. Mayor Scruggs opened the public hearing on Agenda Item No. 10. As there were no comments, Mayor Scruggs closed the public hearing. No action was taken on Agenda Item No. 10. 11. PUBLIC HEARING — PROPOSED ANNEXATION NO. 165: SOUTHEAST CORNER OF 81ST AND ORANGEWOOD AVENUES Mr. Jon Froke, Planning Director, presented this item. This is a request for the City Council to conduct a public hearing on the blank annexation petition for Annexation Area No. 165, as required by state statute. The vacant property consists of 19 acres and is located at the southeast corner of 81St and Orangewood Avenues. Richmond American Homes has proposed a single-family subdivision on the site. 14 Glendale 2025, the City of Glendale's General Plan, includes specific goals addressing the need for growth management: The Land Use Element, Goal 2 — "Promote sound growth management methods" and; the Growth Areas Element, Goal 3 — "Manage growth to achieve reasonable, responsible urban development." Annexation is a tool that can be used by the city to direct and manage growth. The proposed subdivision consists of lots that are at least 9,000 square feet in size. The annexation will ensure that the subdivision, and all improvements, is developed within the city. If annexed to the city, this site will receive city services that include police, fire, water, wastewater, and sanitation services. The blank annexation petition was recorded on November 1, 2006. This public hearing is being conducted during the last 10 days of the 30-day waiting period as required by state statute. Recording the blank petition is the first formal step taken in the annexation process. The next step is to hold a public hearing on the blank annexation petition. All property owners within the area to be annexed have been notified of this public hearing by first class mail. The proposed annexation area has been posted in at least three conspicuous places. The public hearing was advertised in the Glendale Star on November 2, 2006. Once the public hearing has been conducted and the 30-day waiting period expires, the appropriate signatures may be gathered. Once the required number of property owner signatures requesting annexation is obtained, Council will be asked to consider the adoption of an annexation ordinance. At the August 15, 2006 Workshop, the Council directed staff to proceed with the annexation process. The annexation of this 19-acre area would require that any future development meet the General Plan requirements, and must comply with the city's current development standards and policies. The proposed subdivision will increase the range of housing options within the city, and increase the value of the housing stock in the area. The recommendation was to conduct a public hearing on the blank annexation petition for Annexation Area No. 165 as required by state statute. Mayor Scruggs opened the public hearing on Agenda Item No. 11. As there were no comments, Mayor Scruggs closed the public hearing. No action was taken on Agenda Item No. 11. 15 RESOLUTIONS 12. CANVASS OF VOTES FOR THE NOVEMBER 7. 2006 GENERAL ELECTION IN THE BARREL DISTRICT Ms. Pamela Hanna, City Clerk, presented this item. This is a request for the City Council to adopt a resolution accepting the canvass of votes from the November 7, 2006 General Election. The November 7, 2006 General Election allows voters to decide the Council seat in the Barrel District. The November 7, 2006 General Election was called by the City Council on March 28, 2006. The recommendation was to waive reading beyond the title and adopt the Canvass of Votes Resolution for the November 7, 2006 General Election. A correction was made on the provisional ballots tallied. The correct version is 100 ballots instead of 97. Resolution No. 4007 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 RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 7, 2006; AND ORDERING THAT A CERTIFIED COPY OF THIS RESOLUTION BE RECORDED. It was moved by Frate, and seconded by Goulet, to pass, adopt and approve Resolution No. 4007 New Series. The motion carried unanimously. PUBLIC HEARING — RESOLUTIONS 13. MAJOR GENERAL PLAN AMENDMENT (M-GPA06-11) HISTORIC PRESERVATION ELEMENT AND ACTION PLAN Mr. Ronald Short, Deputy Director for Long Range Planning, presented this item. This is a request for the City Council to approve a Major General Plan Amendment (M-GPA06-11) by adding the Historic Preservation Element and Action Plan (Plan) to the General Plan. The Plan would address the Council goals of "One Community with a Vibrant City Center" and "One Community with Strong Neighborhoods" by encouraging adaptive reuse of historic buildings and by helping to improve historic neighborhoods through weatherization and stabilization projects. 16 The General Plan Amendment is considered a Major Plan Amendment by the city and processed in conformance with the state statutes governing Major Plan Amendments, including two public hearings (one off-site location) by the Planning Commission, and one public hearing by Council, prior to adoption. Major General Plan Amendments do not require voter approval. The Historic Preservation Commission adopted the 2006 work program, which included development and adoption of the Plan. The Plan provides a brief historic context of significant periods of Glendale development, and a list of historic resources that have been listed on the National Register of Historic places. It also set forth goals and objectives that provide a strong significance for historic preservation, as well as outline a brief action plan for short-term, mid-term and long-term actions. The Planning Commission held the second public hearing on October 19, 2006. David Jarnagin, Chair of the Historic Preservation Commission, spoke in favor of the Plan. The Planning Commission unanimously recommended approval to Council. The Council reviewed and discussed the proposed Element and Action Plan at its October 17, 2006 Workshop. The Council requested that, in the "Objectives" portion of in the Plan, the word "provide" be changed to "consider", and under the "Recommendation" portion, that the term "collaborative strategy" be used when discussing the Beet Sugar Factory. The Planning Commission held the first public hearing for the Plan on October 5, 2006. Two members of the Historic Preservation Commission spoke in favor of the Plan. The Planning Commission initiated the Major General Plan Amendment at its June 1, 2006 meeting. The Planning Commission discussed the draft plan at its May 11, 2006 meeting. The Historic Preservation Commission approved the draft plan at its April 27, 2006 meeting. In November of 2003, the Council adopted the Plan. This document provides direction to the Historic Preservation Commission in developing the historic preservation program. In May of 2002, the Glendale General Plan was adopted by the Council and ratified by the voters in November of 2003. Glendale 2025 became effective on December 1, 2002. 17 The Plan will provide clear policy guidance for incorporating historic preservation into the planning process and economic development of the city center. It will also help to maintain a strong sense of place for the city center and assist in improving the property values and property maintenance within the city center. The Plan, in addition to being placed on the city website, was provided to all members of the Glendale Historical Society, all registered neighborhood groups and associations, as well as the citywide interested parties database. Telephone calls and e-mails were received all in support of the Plan. On July 10, 2006, the Catlin Court Historic District Association Board was provided copies of the Plan. On August 28, 2006, a citywide public meeting was held. The participants expressed support for the Plan. In accordance with state statute, staff provided the plan to adjacent cities, MAG, Maricopa County, state agencies, the State Historic Preservation Office and the Arizona Preservation Foundation for the 60-day review period. Litchfield Park and Phoenix responded with no objections. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution approving the Major General Plan Amendment (M-GPA06- 11) Historic Preservation Element and Action Plan. Mayor Scruggs asked if there had been a change in the wording on the Sugar Beet Factory that was not previously discussed. Mr. Short said that there had been a change. She asked why had there also been a change to "consider' the interpretive plaques when there had been tremendous support for them to be done quickly. Mr. Short said that all the "provide" wording had been changed to "consider". He added that if Council so chose they could change it back. Mayor Scruggs suggested that it be changed back. Councilmember Goulet said he would make a motion to change the verbiage as read in the resolution back to "provide". Mayor Scruggs opened the public hearing on Agenda Item No. 13. Mr. David Jarnagin, Chairperson of Historic Preservation Commission, spoke in favor of the Element and Action Plan. He said it has been an honor to serve as Chairperson of the Historic Preservation Committee. He stated he wanted to come and show his support for the Element and Action Plan being added to the General Plan. He said it would have great positive impact on the city. Mayor Scruggs closed the public hearing. 18 Resolution No. 4008 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 A MAJOR GENERAL PLAN AMENDMENT BY AMENDING THE TEXT OF THE GENERAL PLAN BY ADDING THE HISTORIC PRESERVATION ELEMENT AND ACTION PLAN (M-GPA-06-11). It was moved by Goulet, and seconded by Clark, to amend the Element and Action Plan, Goal 5, Objective (h.) to read "Provide development of interpretative plaques " and to pass, adopt and approve Resolution No. 4008 New Series. The motion carried unanimously. 14. MAJOR GENERAL PLAN AMENDMENT (M-GPA06-14): THUNDERBIRD —THE GARVIN SCHOOL OF INTERNATIONAL MANAGEMENT Mr. Jon Froke, Planning Director, presented this item. This is a request by Berry & Damore, LLC, for the City Council to amend the General Plan designation for 110 acres of the property from Education (EDU) and Business Park (BP) to Corporate Commerce Center (CCC). Approximately 40 contiguous acres of the property will remain Education (EDU), to accommodate the continued operation of Thunderbird — The Garvin School of International Management (Thunderbird). Glendale 2025, the city's General Plan, includes specific goals addressing the need for growth management. Major General Plan Amendments are tools that can be used by the city to direct and manage growth. The Major General Plan Amendment will allow Thunderbird to continue to offer educational opportunities at this location and to achieve a competitive advantage for recruitment and stability, while seeking corporate and entrepreneurial partnerships that demand on-site employment, housing, hotel and retail amenities on the vacant portions of the campus. The Planning Commission held a second public hearing on this item on October 19, 2006 and voted six to zero to recommend approval of amending the General Plan for approximately 110 acres from Education and Business Park to Corporate Commerce Center. The Planning Commission recommended that a minimum of 40 contiguous acres remain Education (EDU). The Planning Commission held the first public hearing on this item on October 5, 2006. This hearing was held at a remote location (Thunderbird — the Garvin School of International Management, 15249 North 59th Avenue) as required by state statutes. At the first public hearing, the Planning Commission took no action. 19 Staff briefed the Council on this item at the Council workshop of September 19, 2006. Staff briefed the Planning Commission on this item at the Planning Commission workshop of August 17, 2006. The General Plan Amendment will encourage in-fill development on one of the largest tracts of vacant land in this part of Glendale. Two neighborhood meetings were held by the applicant utilizing the open house format, with a series of presentation boards and applicant's representatives present at each board to answer questions from individuals. The first neighborhood meeting was held on August 14, 2006 and oriented to the Deerview neighborhood to the south and east. Approximately 45 neighbors attended that meeting. The second neighborhood meeting was held on August 30, 2006 and oriented to the Sunburst Farms neighborhood to the east. Three neighbors attended that meeting. The applicant sent letters to 4,000 surrounding property owners and interested parties on August 1, 2006. The applicant received 16 comments. Planning Department staff has received several neighborhood comments, both in favor and in opposition to this item. Because this is a Major General Plan Amendment, staff also notified 30 other public agencies, including school districts, on July 19, 2006 to provide them with a 60- day comment period in conformance with state statutes regarding major General Plan Amendments. For the first public hearing, a public notice was published in the Glendale Star on September 14, 2006. The property was posted on September 14, 2006. Postcards were mailed to approximately 4,000 property owners and interested parties on September 15, 2006. At the first Planning Commission Public Hearing held on October 5, 2006, public comments were received and were presented to the Council with the Council packet for this meeting. The applicant submitted letters of support from eight businesses and petitions in support signed by 116 individuals at the first Planning Commission hearing. A public notice was published in the Glendale Star for the second Planning Commission hearing held on September 28, 2006. The property was posted on September 29, 2006. Postcards were mailed to approximately 400 property owners and interested parties on September 29, 2006. Prior to the second public hearing, a petition in opposition to the General Plan Amendment was received, signed by approximately 240 neighbors. At the second public hearing, the applicant presented the petition of support again, with an additional 134 signatures in support. The applicant also provided staff with letters of support from two commercial developers. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution for Major General Plan Amendment application M-GPA06- 14, as recommended by the Planning Commission. 20 Mr. John Berry, Berry and Damore, LLC and Mr. Tim Propp, Chief of Operations, Garvin School of International Management, were present on behalf of the applicant. Councilmember Goulet asked if all the developments being proposed surrounding the project were necessary. Mr. Froke answered that that they were necessary to sustain the campus. He explained that back in the late 1980s there was a General Plan amendment in a zoning case that established existing land uses on the entire 150 acres. He said the intent was to have some corresponding land uses that would complement the neighborhood as well as the school campus. He said this could become a reality today, Councilmember Frate asked for clarification on the amount of acreage being proposed, noting he had 2 numbers, 110 and 150. Mr. Froke said that the applicant had modified his request and now the correct amount is 110. He said the remaining 40 acres would be the corporate commerce center. Councilmember Lieberman asked if the 40 acres could be repositioned if necessary to accommodate the rest of the project. Mr. Froke said that he was correct. He also stated that another component of the entitlement process was a zoning application that could proceed in early 2007. He said the intent was to keep the core of the school inside of National Boulevard. Mayor Scruggs announced that there had been a lot of emails generated on the following cases. She said also, people complained about how late and long the Planning Commission was on the next two items. She stated that some people requested that we not hear amendments all at once because of the length of time it took. She said that for the record, Section 9-461.068 states that all major plan amendments to the General Plan proposed for adoption should be presented at a single public hearing during the calendar year the proposal was made. She also clarified and said that the zoning ordinance is a tool to implement the General Plan. It is the control of land use on property. The General Plan is a plan for the future, a policy document, adopted by resolution. Mayor Scruggs noted to address the possibility of a long evening, the City Council meeting is beginning an hour early. Mr. John Berry, Berry and Damore, applicant representative came forward and emphasized that this was not a rezoning request but a General Plan amendment request. He said he was committed to work with the neighborhoods to address the zoning issues. Mr. Tim Propp, Chief Operating Officer Thunderbird, gave a brief presentation on the history of the Thunderbird campus. He stated that the school offers students non- degree and degree programs. He said that the school also has an impact on the economy. He also stated that the school is a major employer with $25 million in payroll. He stated they needed to invest in the school and give it needed improvements to stay competitive. 21 Mr. Barry stated that what the plan allows today was a business park designation. He reiterated what Mr. Froke stated that a General Plan designation was approved by Council in 1989. He said that during the time since 1989 Thunderbird has tried to develop the property, but despite best efforts it has remained vacate. He said they are here today for Council's help to change that. He said that this request achieves the General Plan Vision Statement. He respectfully requested approval of the recommendation for the change in the General Plan designation. Councilmember Martinez asked what the enrollment was currently in the school. Mr. Propp said it was approximately 1,100 students. He said full time enrollment has declined but part time has increased. Mr. Barry noted that the decline also occurred post 9/11. He said it has become difficult for foreign students to come to the United States. He also noted that if they do not move forward now there were other developers that would like to associate themselves with the school but do so outside the City of Glendale. Councilmember Goulet asked if this project would result in increased enrollment in the future. Mr. Propp stated that this project would allow them to invest in the campus, therefore enticing new students and making them competitive for the long term. Mayor Scruggs gave instruction to the citizens before opening the public hearing. Mayor Scruggs opened the public hearing on Agenda Item No. 14. Ms. Maureen Jones, a resident of Glendale, stated her support of this project. She said she has lived here for many years and is an employee of Thunderbird School. She stated that it is a tremendous institution. Mr. Marc Meffe, a resident of Glendale, stated his opposed this project. He said he has lived in Glendale for 33 years. He said he is one of the people that started the circulation of a petition on development of the school which stated originally 150 acres. He said Thunderbird school has been a great leader and what they propose would be good for the area. He stated he would like a representative from planning department to come and sit in at their meetings. Mayor Scruggs said the request would go to the city manager for approval. Mr. Rob Widing, a resident of Glendale, stated his support of this project. He said he is the Senior Vice President of Academic Programs. He stated that he believes the development is necessary to maintain the standards of the school. He said it would enable them to compete with other schools. 22 Mr. Gary Livingston, a resident of Glendale, stated he is a nearby property owner. He has been meeting with the staff of Thunderbird, and he believes it is important to enhance the neighborhood. He said he has invested a lot of money in his home and wants it to retain its value. He said the Thunderbird committee was very forthcoming in the meetings they have had. Mr. Michael Moffett, a resident of Glendale, stated his support of this project. He said he is a professor of finance at Thunderbird for the last 12 years. He believes the development of the school is essential to stay competitive with other schools in other areas. He said they were ranked 7th in the world. He said he was very proud of that fact. Ms. Bonnie Steiger, a resident of Glendale, was opposed to this project. She said she believes this will not improve the quality of life in the neighborhood because the projects are high density. She said she also has been at the meetings and needs further information on some matters. She said that Thunderbird is a great school but is concerned with the neighbors that live directly behind the surrounding blocks. Mr. Tim Martin, a resident of Glendale, was in support of this project. He said he has lived within a mile of the school for the last 12 years. He is also the Director of the YMCA and believes this will be good for the neighborhood. He said the campus is in need renovation. Ms. Regina Moritz, a resident of Glendale, was opposed to this project. She believes this will negatively affect the surrounding neighborhoods. She said the one area that must be eliminated is the live/work concept. She believes it will reduce the value of the homes. Mayor Scruggs stated that they are not dealing with the live/work units but only the General Plan amendment. Francis Hajafi, a member of the Thunderbird Board of Trustees, said he is in support of this application. He said he is also a graduate of the school. He wanted to state his support of the school. Bowen Larsen, a director of public relations at Banner Medical Center, wanted to state his support of the master plan for the school. He said this would help their facility to develop as they recruit to keep the hospital growing to meet the needs of Glendale. Keith Niblett, a resident of Glendale, was in favor of this item. He said this General Plan is essential to stay competitive in this new world. He said others are building bigger and better as well. He supports development for the surrounding areas. Spencer Wright, a resident of Phoenix, was in favor of the plan. He said he has been working with the petitions in favor of the project. He said he has additional letters in support of this proposal. 23 Terry Benson, a resident of Phoenix, read a letter in support of this proposal. Mr. Berry clarified for Council that the last two speakers were part of Technical Solutions, a group hired to work with the community. Laura Flipper, a resident of Glendale, opposed this application. She said she is not opposed to the school but how they are proposing to grow. She is concerned for the surrounding neighborhoods. Mayor Scruggs closed the public hearing. Councilmember Lieberman stated he supports this application. He gave a brief history of the school. He said he totally supports the school. He said that he has gone to numerous meetings on housing developments, and he has seen surveys that stated home values rose because of the proximity to a major learning institution. Councilmember Clark stated she would also support this resolution. She said that the institution needs to grow to stay competitive. She said what they were approving today was a change to the concept not the details. She noted that most of the speakers in favor were associated with the school. She said that the school still has work to do in gaining the confidence of the surrounding neighborhoods. Councilmember Goulet thanked all involved for keeping the citizens informed and allowing their voices to be heard. He said he understands the school has to make changes to stay competitive. He also commended the school for its efforts. He stated his support for this resolution. Councilmember Frate complimented the school for their out reach to the community. He said they have had many meetings for the neighborhoods to voice their opinions and concerns. He said that there are still issues that remain that need to be addressed and they will be addressed in time. He stated that the City of Glendale is always looking out for their citizens first before anything else. He said there would be ongoing meetings. He noted that the area needs to be developed for the good of the community. Councilmember Martinez thanked all the speakers that have come forward to voice their concerns today. He said it is helpful for the process to move forward. He stated that he believes the school needs to move forward to compete with the rest of the schools. He said he realizes that the citizens still have concerns and hopefully they will be alleviated. He noted that there would be other meetings for concems to be addressed. He said he supports the resolution. Councilmember Eggleston stated that he remembered that about 17 years ago this plan was suggested but never moved forward. He supports the resolution to move forward now. He stated that it was time to make a change for the better. 24 Mayor Scruggs stated that she too supports this amendment. She believes it is good for the school. She also believes it will be good for the city of Glendale. She said it is beneficial to take a vacant piece of land and build something productive. She said she had confidence in Thunderbird School that they will keep working with the neighborhoods and come up with satisfactory solutions for everyone. Resolution No. 4009 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA06-14 FOR PROPERTY LOCATED AT 15249 NORTH 59TH AVENUE. It was moved by Goulet, and seconded by Frate, to pass, adopt and approve Resolution No. 4009 New Series. The motion carried unanimously. 15. MAJOR GENERAL PLAN AMENDMENT (M-GPA06-12): TURNING LEAF AT THE MEADOWS Mr. James May, Deputy Planning Director, presented this item. This is a request by Beus Gilbert, PLLC for City Council to amend the General Plan designation for approximately 442 acres from 0 to 1 dwelling units per acre (Low Density Residential) to 1 to 2.5 dwelling units per acre (Low Density Residential). Glendale 2025, the city's General Plan, includes specific goals addressing the need for growth management. Major General Plan Amendments are tools that can be used bythe city to direct and manage growth. This is a Major General Plan Amendment only. This action is not a rezoning. A rezoning request has been filed on the property, and will be considered at a later date. The 1 to 2.5 dwelling units per acre represent a range of densities, and does not guarantee that any specific density within that range will be approved as part of the rezoning request. The Major General Plan Amendment will permit development of a single-family residential subdivision. The proposed General Plan designation is intended to accommodate semi-rural large lot development with generous distances to streets and between residential dwelling units and a viable semi-rural character setting. The property represents the first request west of the Loop 303 to request annexation into Glendale. The property is not within the Luke Air Force Base 65 LDN noise contour. However, it is within the territory or in the vicinity of Luke Air Force Base and would be subject to the special notification of the buyers as provided in the state statues. 25 The Planning Commission held a second public hearing on this item on October 19, 2006 and voted four to two to recommend approval of amending the General Plan from 0 to 1 dwelling units per acre (Low Density Residential) to 1 to 2.5 dwelling units per acre (Low Density Residential). The Planning Commission held the first public hearing for this item on October 5, 2006. This hearing was held at a remote location (Thunderbird — the Garvin School of International Management, 15249 North 59th Avenue) as required by state statutes. At the first public hearing, the Planning Commission took no action. Staff briefed Council on this item at the Council workshop of October 3, 2006. Staff briefed the Planning Commission on this item at the Planning Commission workshop of September 14, 2006. The General Plan Amendment will encourage a variety of housing options for Glendale residents. The applicant sent letters to 320 adjacent property owners and interested parties on August 21, 2006. The applicant received three comments. The applicant's Citizen Participation Final Report, including comment cards received by the applicant, was presented to the Council in the Council communication for this meeting. The Planning Department has received several comments from the general public, which were included in the Council communication. Because this is a Major General Plan Amendment, staff also notified 30 public agencies, including school districts, on July 19, 2006 to provide them with a 60-day comment period in conformance with state statutes regarding major General Plan Amendments. The City of Litchfield Park noted a limited direct impact on Litchfield Park. The Maricopa Association of Governments (MAG) and Luke Air Force Base comments are included in the background material. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt a resolution for Major General Plan Amendment application M-GPA06- 12, as recommended by the Planning Commission. Councilmember Martinez asked if there had been any neighborhood meetings conducted on this issue. Mr. May answered affirmatively. Councilmember Frate mentioned that he read there were 165 flights daily. He said that was a lot of flights a day, or 1 flight every 10 minutes. Mr. May said he was correct. Mayor Scruggs gave instruction to the citizens on the public hearing. 26 Ms. Lindsey Schube, Beus Gilbert, PLLC, presented for the applicant. She elaborated on the General Plan amendment read by Mr. May. She said the request is consistent with the General Plan goal in providing a diverse housing community. She said the goal is to foster quality growth in Glendale with neighborhoods that are assessable to good jobs, shopping and opportunities for learning, culture and recreation. She added that this will still be low density, which is what the neighbors are concerned about. She said other concerns were transportation issues, irrigation, 303 traffic accidents and concerns relative to Luke Air Force base. She stated that if approved to move forward they would continue to find solutions to these concerns. She believes this amendment will not be detrimental to the community. Councilmember Goulet encouraged the applicant to continue to involve the residents in the process. Ms. Schube agreed and said they will continue community meetings. Mayor Scruggs repeated the guidelines and gave instructions to the citizens on the public hearing. Mayor Scruggs opened the public hearing on Agenda Item No. 15. Mr. Woody Thomas, Former Mayor and a resident of Litchfield Park, opposed this resolution. He said he appreciates the plan. He said the reason he was here today was to protect Luke Air Force Base. He said that if you look at the plan most everything starts as a part of the base. He suggested a lower density plan. Councilmember Clark wanted clarification on Mr. Thomas' opposition. She asked if his recommendation was to stay 0 to 1 homes per acre. Mr. Thomas said yes. Ms. Darlene Brillhart, a Waddell resident, said she opposes this resolution. She said she moved there because she wanted a rural lifestyle. She said if this were to go forward it would change that. She said she had concern regarding additional traffic. She said the quality of life would suffer. She suggests low-density housing, 0 to 1 homes per acre. Ms. Bonnie Gazinski, a Waddell resident, stated her opposition to this resolution. She said she has lived in the area for 4 years. She said that high density is not appropriate for the area. She said most people moved out there because of the space. She said this kind of density is anti-animal and most people living there have animals. She stated that this was just the beginning of new development coming in. She further added it was not fair to the people there who chose the area because of the space. She added this amendment opens the door to the developer to profit at the resident's expense. Councilmember Lieberman asked how the horses and aircraft mix together. Ms. Gazinski said that sometimes the horses get startled but have open space to recover. She said they are used to it. 27 Ms. Mary Anne Albico, a resident of Waddell, stated her opposition to this amendment. She said her niece was killed on Hwy. 303 at the intersection with Northern Avenue. She stated that there have been many deaths on Hwy. 303. She described it as a death trap. She noted that it has become worse with new housing additions and will become even worse with this amendment. She added that nothing is being planned to repair the problem on the Hwy. 303, yet they are prepared to build more developments. She asked the Council not to approve this amendment. Ms. Pam Gaston, a resident of Waddell, stated her opposition to this resolution. She talked about character and how she believes Glendale has it. She stated that the City Council has done a remarkable job with this city to preserve the down home feeling. She asked the Council to keep preserving the same type of hometown feeling in her community. She said that they all want to keep that same type of lifestyle. Ms. Karen Krause, a resident of Waddell, stated her opposition to this resolution. She said she bought the property about 20 years ago. She presented a petition of 170 names in opposition to the General Plan amendment. She said those citizens could not attend today. She said the proposed plan is not consistent with the area. She said they would like to maintain the open spaces and rural life style. She asked Council to protect the life style they have chosen. Mr. Rick Hoefner, a resident of Waddell, stated his opposition to this amendment. He stated that the land that is being proposed is land that is subsiding because of a fissure that goes though the property. He said that subsiding land is land that is sinking. He said that the reason that it is sinking is because water is being drawn out faster than it is being recharged. He said there was a study conducted in 1991 and this condition has only gotten worse with time. He stated the land is unstable for housing. He encouraged Council to look further into the matter. Dr. Traci Hulse, a resident of Waddell, stated her opposition to this amendment. She said she is a veterinarian and treats most of the horses in the area. She also likes the rural area with open spaces. She said this area is not conducive to the proposed plan. She stated that at the neighborhood meeting that was previously held, 50 people attended and all were opposed to this plan. She stated the only people that were in favor of this development were the lawyers and developers. She added that in the past year a man on a tracker was hit by a car and killed. She also added that a horse rider was also hit and the horse killed. She said that if this moves forward the problem would only get worse. Mr. Frank Arnold, a resident of Waddell, stated his opposition to this amendment. He said he was concerned with the traffic. He said he believes the traffic is bad now without this being an issue and can only get worse. He said it would not be safe for children and families. He would like this community to stay rural. He said this was not the place for high-density homes. 28 Mr. James Fry, a resident of Waddell, stated his opposition to this amendment. He spoke on the compatible numbers of homes per acre. He said that the numbers given do not seem to be compatible to the acreage. He asked Council to look into it. He also brought up that currently the property was not part of Glendale and there was some legal action against Glendale. He said it would be wise to defer a decision on this amendment until this legal action is settled. Ms. Linda Van Brakel, a resident of Waddell, stated her opposition to this amendment. She thanked the Council for listening to them. She said she was glad that this was being heard in Glendale as opposed to another city. She stated that these properties were large lots with lots of animals. She asked Council to consider their lifestyle. She also added that she believes the developers have not kept everyone updated. She said she had found out about all this by a friend. She said she was also concerned with the traffic issue. She asked Council to consider all the residents that have come here today in opposition. Ms. Charlene Underberg, a resident of Waddell, stated her opposition to this resolution. She was concerned with the additional traffic that would be generated. She stated that she had spoken to a traffic engineer that said that it takes into account 10 trips per household per day as a standard to make decisions on certain issues. She said that it was that type of traffic that could be generated by this amendment. She asked Council to consider that fact. Mayor Scruggs closed the public hearing. Councilmember Eggleston stated that there had been very powerful testimony here tonight. He said he does not see how they could approve this type of subdivision with this much opposition. He said the residents brought prevailing information for Council to consider. Councilmember Frate stated that he had concerns with Luke Air Force Base. He said he did not want to do anything detrimental that could affect the base. He said he was also concerned with public safety. He said he was not comfortable with the idea of Glendale providing public safety aid to additional houses with the area being so far out. He said he would want the city to provide quality service but was not sure it was possible. He stated that he was not in support of this amendment. Councilmember Martinez stated that he does not support this amendment. He said the testimony was very compelling. He said another issue was having Luke Air Force base being affected. He noted that he does not want to affect the quality of life of the residents that currently reside there. He stated that he was not in support of this amendment. 29 Councilmember Gouleted t t that he appreciated the residents' e-mails and s a letters voicing their opinions. He also found the testimony compelling. He said that the issues that needed to be addressed were safety issues as well as the ground water issues. He said he believed those issues needed to be addressed before projects move forward. He noted that these development issues would not go way because of progress and more people coming into the area. He said he would like to address those issues before any development occurs. Councilmember Clark said she has listened to both side of the issue for a month. She said she had gone back and forth on the issue. She stated that she finally came to a decision tonight because of the residents' testimony. She told the residents to be realistic when hoping new development will not come to their area. She suggests building a buffer between Hwy. 303 and the community. She said that she is opposed at this time, but the residents should prepare because this is not going to go away. Councilmember Lieberman said that he was looking for a middle ground between the residents and the developers. He informed the public that they have just agreed as a Council to spend $50,000 a year to protect Luke Air Force Base. He also thanked the citizens for their support tonight. He added that the applicant must work with the residents to come to an agreement. He said he would not support the resolution as it is now. Mayor Scruggs thanked all those present tonight. She said it had been a long time since she had heard so thoughtful and well planned presentations. She expressed her complements to the residents. She expressed regret and concern for all the people who worked on this item. She regretted the time and money put into this case to have it come to this point where it will not move forward. She noted the City's commitment to protect Luke Air Force Base's mission. Resolution No. 4010 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA06-12 FOR PROPERTY LOCATED AT 17120 WEST NORTHERN AVENUE. It was moved by Clark, and seconded by Frate to deny Resolution No. 4010 New Series. The motion carried unanimously. NEW BUSINESS There was no new business. 30 REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Martinez, to vacate the regularly scheduled City Council Workshop on December 5, 2006 due to Council attendance at the National League of Cities Conference; and to hold the next City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, December 19, 2006 to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Frate announced that anyone interested in being a police officer should plan to attend a workshop this Saturday at Cactus High School at 6:30pm. He also reminded everyone to watch children around water. He said there was a recent near drowning when the child fell in a bucket of water. He said you could never be too vigilant. Mayor Scruggs thanked everyone that attended Glendale Glitters. She said it had to be the most widely attended Glendale Glitters to date. She stated it was beautiful and everyone had a wonderful time. She said it was a tremendous success. ADJOURNMENT There being no further business, the meeting was adjourned at 10:20 p.m. __le / ti m= - Hanna - City Clerk 31