Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 8/12/2008 (5) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, AUGUST 12, 2008, AT 7:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Manuel D. Martinez, and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the five resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JUNE 24, 2008 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the June 24, 2008 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. PROCLAMATIONS AND AWARDS RECOGNITION OF STUDENTS FOR "RECYCLING IS FUN" DESIGN-A-SIGN CONTEST This is a request for the City Council to recognize four Glendale students for their drawings submitted for a Design-A-Sign contest sponsored by the Glendale Field Operations Department, Sanitation Division. The Sanitation Division initiated a contest for children ages six to nine to submit a drawing with the theme `Recycling is Fun". This is the fourth year that the contest has been held. A total of 83 children participated in the contest and all children received a certificate of recognition. Winners in each age group will have their artwork reproduced on a sign for display on the side of one of the city's recycling trucks. Winners of the Design-a-Sign contest are Larhari Samak (age 6), Nathaniel Rodriguez (age 7), Bianca Reinalda (age 8), and Priti Yadav (age 9), all of Glendale. The Glendale Recycling Program provides residents the opportunity to recycle by collecting paper, plastic, and metal products once a week from each single family home. The key to a lasting program in the community is to encourage children to learn 1 about recycling and participate in the program. Thousands of children have taken tours of the Glendale Materials Recovery Facility where the recyclable material is baled and sold. The prominent display of the children's artwork reaches out to the next generation of recyclers thereby helping to reinforce recycling. The recommendation was to present Larhari Samak (age 6), Nathaniel Rodriguez (age 7), Bianca Reinalda (age 8), and Priti Yadav (age 9) certificates of recognition as the four entries selected for the Design-A-Sign contest. Ms. Deborah Coy, Recycling Coordinator, was called forward. Ms. Coy called the contest winners forward. The Mayor presented a plaque and certificate to each award winner. DROWNING IMPACT AWARENESS MONTH PROCLAMATION This is a request for the City Council to proclaim August 2008, as Drowning Impact Awareness Month in support of Water Watchers at Phoenix Children's Hospital. Drowning Impact Awareness month will raise awareness that the number and impact of child drownings in Arizona affects everyone. These incidents in Arizona take lives equivalent to a classroom of children each year. Raising awareness will increase understanding and education of effective ways to prevent drowning. The proclamation will be presented to the Silva Family; Tony Silva, Fire Captain; wife Irene Silva; daughters Anamarissa Silva and Christina Silva; Alex Conrad, son-in- law; grandsons Xavier, Christopher (drowning survivor) and Brandon Silva. Drowning Impact Awareness Month is part of the drowning prevention community outreach program at Phoenix Children's Hospital. Together the Glendale Fire Department, Glendale Parks and Recreation and Phoenix Children's Hospital provide water safety awareness, education, CPR classes and swim lesson classes. The recommendation was to present the proclamation to the Silva Family. Mayor Scruggs called Ms. Christina Silva forward and presented the proclamation. Mr. Zach Skinner, Senior Recreation Coordinator was called forward. Mr. Skinner explained that they work with the Fire Department to promote drowning awareness. The two departments continually stress the importance of the "ABC's" around water which is Adult Supervision, Barriers and Classes. He noted that in the last few months, the Glendale Aquatic Division had provided 5000 swim classes. Ms. Silva accepted the proclamation and thanked the Mayor and Council. She related the terrifying story on how her son, Christopher, almost drowned at a family gathering. She thanked the Phoenix Police and Fire Department, the staff at Saint Joseph Hospital and the Glendale Fire Department for the help they provided. She stated that drowning is the leading cause of permanent brain injury and death in 2 children. She asked that adults actively supervise children around water, as well as teach children how to swim early. CONSENT AGENDA Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 14 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 15 through 18 by number and title. Knaack requested that item number 6 be heard separately. 1. SPECIAL EVENT LIQUOR LICENSE FOR KNIGHTS OF COLUMBUS FOR A FUNDRAISER, OCTOBER 11, 2008 This is a request for the City Council to approve a special event liquor license for Knights of Columbus. The event will be held at 5525 West Acoma Road on Saturday, October 11, 2008 from 6:30 p.m. to 10:30 p.m. The purpose of this special event liquor license is for a Knights of Columbus indoor fundraiser inside the St. Raphael Church Hall. Carlton Robert Muth submitted the special event liquor license. If this license is approved, the total number expended by this applicant will be one of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 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. The Glendale Planning, Fire, and Police Departments have reviewed the application and determined that it meets all technical requirements. Therefore, it is staffs recommendation to forward the application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 2. SPECIAL EVENT LIQUOR LICENSE FOR KNIGHTS OF COLUMBUS FOR A CHRISTMAS PARTY, DECEMBER 20, 2008 This is a request for the City Council to approve a special event liquor license for Knights of Columbus. The event will be at held 5525 West Acoma Road on Saturday, December 20, 2008 from 6:30 p.m. to 10:30 p.m. The purpose of this special event liquor license is for the Knights of Columbus indoor Christmas Party fundraiser inside of the St. Raphael Church Hall. Carlton Robert Muth submitted the special event liquor license. If this license is approved, the total number expended by this applicant will be two of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 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. 3 The Glendale Planning, Fire, and Police Departments have reviewed the application and determined that it meets all technical requirements. Therefore, it is staffs recommendation to forward the application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. LIQUOR LICENSE NO. 3-1194, EL MUELLE DE SAN BLAS This is a request for the City Council to approve a new, non-transferable Series 12 (Restaurant) license. El Muelle De San Blas is located at 5025 North 67th Avenue. The Arizona Department of Liquor Licenses and Control application (Number 12077643)was submitted by Antonio A. Martinez. The 60-day deadline for processing this license was August 5, 2008. A request for extension was submitted to the Arizona Department of Liquor Licenses and Control. The location of the establishment is 5025 North 67th Avenue, and is within the Yucca District, zoned C-2 (General Commercial). This Series 12 liquor license is a new license, operating with an interim permit. The population density is 26,933 persons in a one-mile radius. The establishment is over 300 feet from any church or school. The approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below: Series Type Quantity 06 Bar—All Liquor 1 07 Bar— Beer and Wine 2 09 Liquor Store —All Liquor 4 10 Liquor Store — Beer and Wine 5 12 Restaurant 2 Total 14 The City of Glendale Planning, Fire, and Police Departments, as well as 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. Based on the information provided under the background, 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. 3-1196, THE KADDY BAR & GRILL This is a request for the City Council to approve a new, non-transferable Series 12 (Restaurant) license. The Kaddy Bar & Grill is located at 5740 West Peoria Avenue. The Arizona Department of Liquor Licenses and Control application (Number 12077645) was submitted by Elizabeth Carol Vesely. 4 The 60-day deadline for processing this license was August 5, 2008. A request for extension was submitted to the Arizona Department of Liquor Licenses and Control. The location of the establishment is 5740 West Peoria Avenue, and is within the Barrel District, zoned C-2 (General Commercial). This Series 12 liquor license is a new license, operating with an interim permit. The population density is 19,245 persons in a one-mile radius. The establishment is over 300 feet from any church or school. The approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below: Series Type Quantity 06 Bar—All Liquor 3 07 Bar— Beer and Wine 1 09 Liquor Store —All Liquor 1 10 Liquor Store — Beer and Wine 9 12 Restaurant 3 Total 17 The City of Glendale Planning, Fire, and Police Departments, as well as 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. Based on the information provided under the background, 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. 3-1197, CIRCLE K STORE #3378 This is a request for the City Council to approve a new, person-to-person, location-to-location transferable Series 09 (Liquor Store-All Liquor) license. Circle K Store #3378 is located at 5880 West Camelback Road. The Arizona Department of Liquor Licenses and Control application (Number 09075004) was submitted by Kim Kenneth Kwiatkowski. The 60-day deadline for processing this application was August 11, 2008. A request for extension was submitted to the Arizona Department of Liquor Licenses and Control. The location of the establishment is 5880 West Camelback Road, and is within the Cactus District, zoned C-2 (General Commercial). This Series 09 liquor license is a new license. The population density is 22,603 persons in a one mile radius. The establishment is over 300 feet from any church or school. The approval of this license will not increase the number of liquor licenses in the area. The owner will surrender his Series 10 (Liquor Store — Beer and Wine) liquor license at this location once approved. Circle K Store at the 5902 West Camelback Road location has closed and surrendered their liquor license to the Arizona 5 Department of Liquor Licenses and Control. The number of liquor licenses within a one-mile radius is as listed below: Series Type Quantity 05 Government (Phoenix Municipal 1 Golf Course) 06 Bar—All Liquor 5 07 Bar— Beer and Wine 2 09 Liquor Store —All Liquor 3 10 Liquor Store — Beer and Wine 12 12 Restaurant 2 14 Private Club 1 Total 26 The City of Glendale Planning, Fire and Police Departments, as well as 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. Based on the information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 7. LIQUOR LICENSE NO. 3-1200, JOBING.COM ARENA This is a request for the City Council to approve a person-to-person transfer, Series 06 (Bar — All Liquor) license. Jobing.com Arena is located at 9400 West Maryland Avenue. The Arizona Department of Liquor Licenses and Control application (Number 06070053) was submitted by Craig Lee Dickinson on behalf of ARAMARK Sports and Entertainment Services, LLC. The 60-day deadline for processing this license will be August 19, 2008. The location of the establishment is 9400 West Maryland Avenue, and is within the Yucca District, zoned PAD (Planned Area Development). This Series 06 liquor license is a person-to-person transfer, and is operating with an interim permit. The population density is 5,765 persons in a one-mile radius. The establishment is over 300 feet from any church or school. The approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below: 6 Series Type Quantity 03 Domestic Micro Brewery 1 06 Bar—All Liquor 5 07 Bar— Beer and Wine 4 10 Liquor Store — Beer and Wine 2 11 Hotel Motel 1 12 Restaurant 13 Total 26 The City of Glendale Planning, Fire and Police Departments, as well as 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. Based on the information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 8. CONTRACT AMENDMENT FOR DESIGN OF INTELLIGENT TRANSPORTATION SYSTEMS IN THE SPORTS FACILITIES AREA This is a request for the City Council to approve a design contract amendment with ITS Engineers and Constructors in the amount of$17,156.55 for expanded design services for the intelligent transportation system (I.T.S.) in the sports facilities area. The new contract total would be $158,068.55. This project meets the Council strategic priorities of creating a city with high- quality service for citizens. Managing the city's roadway network will help in meeting this goal. In December of 2004, the Transportation Department completed a master plan for intelligent transportation systems equipment deployment for the sports facilities area to improve traffic management for event and local traffic operations. Equipment such as communications lines and closed circuit television (CCTV) cameras are currently in place on roadways surrounding the arena and has been used in managing hockey and concert traffic. The next step is to expand the system's coverage to include monitoring and management capabilities for stadium events. This modification to the design is required to address changes that were made to the system in preparation for hosting national events as well as leverage advances in technology to maximize the use of communications infrastructure along Glendale Avenue, which feeds this area. Further, additional federal funds have been secured, allowing for the expansion in the placement of permanent dynamic message signs and traffic monitoring cameras, which needs to be incorporated into this design. 7 In July of 2005, the Council approved expenditure of GO Transportation Program funds in Fiscal Year 2005-06 and Fiscal Year 2006-07 for design purposes with three on-call ITS consultants. ITS Engineers and Constructors Inc., was selected to develop the design for this project in July 2005 for the amount of $140,912. The sports facilities area, including the stadium and arena, has and will continue to host large, nation and world-wide publicized events. Traffic flow for guests and residents during these events is a key focus area by the Transportation Department and the city as a whole. This project will improve transportation and public safety staff access to information on traffic status, control of event traffic operations, and dissemination of information to the public through enhanced monitoring, management, and information sharing abilities. Funds are available in the Fiscal Year 2008-09 capital improvement plan. Funds to address the operating costs associated with this project are available in the Transportation Department's operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $17,156.55 Account Name, Fund, Account and Line Item Number: Smart Traffic Signals, Account No. 2210-65005-551200, $17,156.55 The recommendation was to authorize a contract amendment with ITS Engineers and Constructors for expanded design of the intelligent transportation system in the sports facilities area in the amount of $17,156.55. 9. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF SKUNK CREEK MULTI-USE PATHWAYS AT BELL ROAD AND UNION HILLS DRIVE This is a request for the City Council to approve a professional services agreement in an amount not to exceed $194,699 with Premier Engineering Corporation for design services for two multi-use pathway projects along Skunk Creek. One pathway is located in the 7100 block of Bell Road and the other pathway is located in the 6100 block of Union Hills Drive. One of the Council's goals is to provide high-quality services to citizens. Improving and providing transportations options within the city will assist in achieving this goal. This project will address gaps in the multi-use pathway system along Skunk Creek. Currently, at Union Hills Drive, Skunk Creek trail users must cross Union Hills at grade. This project will modify the creek embankment so that trail users can pass under the roadway and connect to existing pathways on either side. 8 At Bell Road, trail users on the west bank of Skunk Creek currently need to cross Bell Road at grade. This project adds an additional trail crossing across the creek so that all trail users can cross under Bell Road. In addition, the Bell Road bridge does not have sidewalks. This project will also allow Bell Road pedestrians to cross Skunk Creek by utilizing off-road pathways. In November 2001, Glendale voters approved the half-cent transportation sales tax package including a ballot map of "Bicycle and Pedestrian Enhancements for Arrowhead Towne Center". A Final Study Report was prepared by URS Corporation in 2004, which identified specific enhancement projects that would improve connectivity and bicycle access to the Arrowhead Towne Center area while also improving bicycle and pedestrian safety in the area. A Final Design Concept Report (DCR) prepared by URS Corporation, dated January 7, 2007, provided further analysis of required trail connections including projects at Bell Road and Union Hills Drive. A design contract with Premier Engineering Corporation will provide preliminary design, final design and post design services for two separate multi-use pathway projects that are being combined into one project. A notice for a Request for Proposals was sent out in July of 2007 to consulting firms. Three proposals were received. The review panel, consisting of five staff members from the Engineering and Transportation Departments, reviewed submitted proposals and selected Premier Engineering Corporations as the best qualified firm to perform the required services. Allowing users of the multi-use pathways to avoid crossing busy arterial streets in the area will enhance users' safety. In 2001, voters approved a half-cent transportation sales tax ballot, which included this project. The project has also been reviewed and approved for inclusion in the GO Transportation Program by the Citizens Bicycle Advisory Committee and the Citizens Transportation Oversight Commission. Glendale transportation sales tax funds are programmed for these projects in the Fiscal Year 2008-09 Glendale Capital Improvement Program and the GO Transportation Program. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $194,699 Account Name, Fund, Account and Line Item Number Multi-Use Bridge Skunk Creek, Account No. 2210-65003 ($85,668) Union Hills/Skunk Cr. Path, Account No. 2210-65070 ($109,031) 9 The recommendation was to authorize the City Manager to enter into a contract with Premier Engineering Corporation for the design of two pathway projects along Skunk Creek at Bell Road and at Union Hills Drive in an amount not to exceed $194,699. 10. AWARD OF BID — RELOCATION OF FIRE ADMINISTRATION TO THE BANK OF AMERICA BUILDING This is a request for the City Council to award a bid to Willmeng Construction Incorporated, in the amount of $353,000, for the construction of the tenant improvements in the Bank of America building. This construction is required in order to relocate the Fire Administration from its current location at 6835 N. 57t Drive to the 3rd Floor of the Bank of America Building located at 5800 W. Glenn Drive. This request supports the Council priority of one community focused on public safety for citizens and visitors by meeting the administrative needs of the Fire Department. Fire Administration occupies approximately 8,000 square feet of the Public Safety Building which opened in 1990. At that time, the Fire Department had an Administrative Staff of approximately 20 individuals. Fire Administration currently has approximately 50 staff personnel located at the Public Safety Building and various fire stations. This move provides Fire Administration with 12,000 square feet of space. This construction is an interim solution because there will be very limited space for growth in the floor plan. This move should suffice for 5 to 8 years. As a result of this move, 8,000 square feet will be available for the Police Department to occupy. They too have grown in size and have demands for more work space. The new location at the Bank of America building will also facilitate office space for the City Auditor. There will be a total of 4 offices dedicated to the City Auditor which will be totally separate from Fire Administration. Fire Resource Management has worked with the Engineering Department to develop a basic floor plan following the new Building Standards Space Allocation Guidelines. This ground work should save time and cost in the overall project. The Engineering Department has been working with Arrington Watkins Architects to get the plans approved. Fourteen bids were opened and read July 3rd, 2008, with Willmeng Construction Incorporated submitting the lowest bid. The City's Engineering Department has reviewed the bids and recommends the award of the bid in the amount of $353,000 to Willmeng Construction Incorporated, a responsive and responsible bidder. On April 22, 2008, the Council authorized the professional services agreement with Arrington Watkins Architects, LLC for the design and tentative cost of $65,000 for relocating Fire Administration from its current location. 10 On January 30, 2007, staff updated the Council with the Public Safety Facility needs. The Fire Department worked collaboratively with the Police Department and the City Court in evaluating the needs of all three departments, while minimizing fiscal impacts at the same time. One of the recommendations to the Council was for the Fire Department to relocate its Administration division temporarily out of the Public Safety Complex. This relocation project will improve management and communication for the varied functions of the department by allowing all of the administrative staff to work collaboratively in a unified setting. During the presentation to Council, it was agreed that Fire Personnel would review potential temporary locations in the downtown area and bring them forward to Council. This centralized Fire Administration location will bring various Fire Department Divisions under one roof. This results in one-stop shopping for those citizens doing business with the Fire Department. There would also be a reduction in lost time and travel expenses currently encountered when those in remote locations need to do business with other divisions. Funds for this project are available in the Fiscal Year 2008-09 Capital Improvement Plan. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $353,000 Account Name, Fund, Account and Line Item Number Fire Administration Relocation, Account No. 1000-81047 The recommendation was to award the bid to Willmeng Construction Incorporated, in an amount of $353,000 for the construction of the tenant improvements in the Bank of America building. 11. EMERGENCY GENERATOR POWER SYSTEMS SERVICE AND REPAIR This is a request for the City Council to approve the contracts to Arizona Generator Technology, Inc. and Loftin Equipment Co. Inc., for emergency generator power systems service and repair. A city with high-quality services for citizens is a key Council objective. Performing preventative maintenance and repairs to generators and power systems ensure continuity of equipment performance at various city locations. The city's Utilities Department provides critical water treatment, distribution and wastewater collection services to all its residents on a daily basis. The department's critical plants and facilities rely on emergency generators, transfer switches, switch gear, electrical devices, switches and ancillary components at 17 sites throughout the city for an uninterruptible power source in the event of the loss of primary commercial 11 electric service. The necessary maintenance and repairs to this equipment ensures the safe and continuous operations of these critical utilities facilities. Materials Management issued a request for proposals and three offers were received. An evaluation committee consisting of staff from the Utilities Department reviewed the offers received. Evaluation factors included: past experience in providing comparable services, compliance with specifications, capabilities and experience of the firm and staff and cost. This will be a multiple-award contract, with a primary and secondary contractor. In the event the primary contractor is not available for the city's use, and to ensure prompt emergency response, the secondary contractor shall receive the order. The proposal scored highest by the committee was submitted by Arizona Generator Technology, which will serve as the primary contractor. The proposal with the next highest score was submitted by Loftin Equipment Company, which will serve as the secondary contractor. The contract will commence upon City Council approval and continue for one year. The proposal specifications contain an option clause that will permit the city, at the discretion of the City Manger, to extend this contract for four additional years, in one-year increments. Ensuring the safe and continuous operations of these critical water and wastewater facilities will ensure availability of redundant 24/7 emergency service. Funds are available in the Fiscal Year 2008-09 operating budget of the Utilities Department. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $ 160,000 Account Name, Fund, Account and Line item Number: Utilities Administration, Account No. 2360-17110-518200, $160,000 Recommendation: Award the contracts for emergency generator power systems service and repair to Arizona Generator Technology Inc. as the primary vendor and to Loftin Equipment Co. Inc. as the secondary vendor. 12. INCREASE ANNUAL EXPENDITURE FOR SECURITY AND FIRE ALARM SERVICE This is a request for the City Council to approve an increase of $130,000 to the annual expenditure with Access Security Systems International, to provide security and fire alarm monitoring, testing, maintenance, repair and installation of new systems. The spending limit with Access Security Systems International, to provide security and fire 12 alarm monitoring, testing maintenance, repair and installation of new systems will increase from $70,000 to $200,000 annually. A city with high-quality services for citizens is a key Council objective. Monitoring, testing, maintenance and repair of the city's various security systems, including security alarms, card access systems, fire alarm signaling systems and closed circuit television (CCTV) systems and the installation of new systems helps assure a safe environment for citizens and employees, and assists in maintaining continuity of operations. The city recently contracted for services to monitor, test, maintain and repair low- voltage security alarms, fire alarm signal systems and CCTV systems located at facilities throughout the city, and install new systems. Upgrades to existing systems, repairs and new facility installations, along with their maintenance and monitoring were anticipated, and estimated to be $70,000 annually. However, the cost of new security installations, expansions and upgrades of existing systems will exceed the original annual estimate. These improvements include new electronic gates, cameras and alarms, and door access controls at various city facilities. Some of the upgrades and new installations are to help prevent thefts and vandalism of city buildings and infrastructure. An internal Crime Prevention Task Force made up of city employees from the Police Department, Field Operations, Parks and Recreation and other departments is being assembled to identify potential risks and develop recommended prevention strategies and security improvements to city facilities. The Council approved an award of request for proposal 07-47 with Access Security Systems International on March 25, 2008. Funds are available in the Fiscal Year 2008-09 operating budgets for various departments. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $200,000 Account Name, Fund, Account and Line Item Number Various departmental operating and capital budgets. The recommendation was to authorize an increase of $130,000 to the annual expenditure with Access Security Systems International, for security and fire alarm monitoring, testing, maintenance, repair and installation of new systems. The spending limit with Access Security Systems International, to provide security and fire alarm monitoring, testing maintenance, repair and installation of new systems will increase from $70,000 to $200,000 annually. 13 13. REQUEST TO AMEND GENERAL ENGINEERING SERVICES CONTRACT FOR LANDFILL MASTER PLAN UPDATES AND CONTINGENCY FUND APPROPRIATION AUTHORITY TRANSFER REQUEST This is a request for the City Council to authorize a contract amendment to the City of Glendale Landfill General engineering services contract by increasing the spending limit in the amount of $150,000 and request the approval to transfer landfill fund contingency appropriation authority and funds for this requested increase. The spending increase provides for completion of major revisions and updates to the landfill master plan. The request supports the Council goal of a city with high-quality services to citizens. With the upcoming activities related to construction of the landfill's north area, the master plan functions as an essential planning tool which will steer the future development of the landfill in an environmentally sound and cost effective manner. The city uses professional engineering services to provide routine and special project support on an on-call basis for landfill development and operations. The current agreement for on-call engineering services was awarded in December 2004 to Bryan Stirrat & Associates (BAS) and the term of the agreement is for three years, with two, one-year extension options. The second one-year contract extension will expire in December 2009 and the annual spending on the contract is limited to $100,000. Planning and coordinating landfill master plan updates is included as pad of the scope of work within the general engineering services contract with BAS. The original Landfill master plan was prepared in 1989 with an update to the plan occurring in 2001. City staff worked with BAS during preparation of the 2001 plan update. Since the 2001 update, BAS has provided critical landfill engineering services, on-site maintenance services and professional guidance to meet necessary service demands and regulatory requirements. As planning and preparation begins for the northern cell construction, southern cell closure and post closure, roadway modifications, fill sequencing plans and gas line modifications, updating the Landfill master plan is paramount towards a well- engineered, environmentally-sound, and profitable landfill site. BAS possesses the necessary history, site knowledge, and expertise to successfully update the master plan in a relatively short time frame, allowing the City to begin the necessary capital improvements by early fall of fiscal year 2008-09. The recent revisions to the scope of work for the Landfill master plan were necessary as a critical step towards providing the basis for future goals and policy direction to be implemented over the next 10 years. The need for extensive revisions to the master plan exceeds the contract limit by $150,000 thus prompting this request for a spending increase from the contract amount of$100,000 to $250,000. 14 In December of 2004, the Council approved a professional services agreement, Request for Proposal Number 04-36, with Bryan A. Stirrat and Associates (BAS) for engineering services support for landfill operations and special projects. In February of 2001, the Council approved an update of the Landfill master plan as prepared by BAS and reviewed by city staff. The original master plan was prepared in 1989. Use of an external consulting firm to update the landfill master plan will benefit the community by allowing outside experts to present innovative, efficient, and cost effective options for future development of the Glendale landfill. This transaction will require the transfer of appropriation authority and funds of $150,000 from Fiscal Year 2008-09 Landfill Fund Contingency, Account No. 2440- 11905-510200, to Landfill Contracted Engineering, Account No. 2440-17710-515000. This will result in a reduction of landfill fund contingency appropriation authority and fund balance. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $150,000 Account Name, Fund Account and Line Item Number: Landfill Contracted Engineering, Account No. 2440-17710-515000 The recommendation was to authorize the transfer of $150,000 in appropriation authority and funds from Fiscal Year 2008-09 Landfill Fund Contingency, Account No. 2440-11905-510200, to Landfill Contracted Engineering, Account No. 2440-17710- 515000, for the completion of major updates to the Landfill master plan. 14. AUTHORITY TO TAKE LEGAL ACTION AGAINST MARICOPA COUNTY This is a request for the City Council to authorize the City Attorney to take necessary and prudent legal action against Maricopa County on behalf of the City of Glendale. In 2000 and 2004, the Arizona Legislature enacted statutes designed to protect military installations in the state against encroachment from incompatible development. The purpose of the statutes is to assure that the missions of these installations and the contribution that these installations make to both the security of the Nation and the economic condition of the state are well-protected into the future. This legislation required counties, cities, and towns to adopt specific military-compatible general plans and zoning ordinances. The counties, cities, and towns to which the statute applied have complied except for Maricopa County. Notwithstanding the legislative mandate, Maricopa County has continued to allow certain types of development in locations that are inconsistent with the statute. 15 Maricopa County actions have continued despite several years of demands by West Valley cities to comply with the statutory mandate. At this time, although in violation of the statutes, the developments allowed by the County have not affected Luke Air Force Base's mission. Nevertheless, continued development contrary to state law must not be allowed to continue. Glendale, Surprise, and Peoria, with the support of the Governor and Attorney General's Office, are prepared to bring legal action if necessary to cause Maricopa County to comply with state law. The cities of Glendale, Surprise, and Peoria will jointly retain outside counsel to advise and represent the cities in further legal actions. Estimated costs of legal representation are dependent on several factors not within the control of the parties and are difficult to provide with a reasonable degree of accuracy. Funds for the initial phase of this action are available in the Fiscal Year 2008-09 operating budget; additional expenditure authority may be requested, if necessary. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $30,000 Account Name, Fund, Account and Line Item Number: Non Departmental, Account No. 1000-11801-518200 The recommendation was to authorize the City Attorney to take necessary and prudent legal action against Maricopa County on behalf of the City of Glendale. CONSENT RESOLUTIONS 15. INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF HEALTH SERVICES — MASS SHELTERING SYSTEM This is a request for the City Council to authorize the City Manager to enter into an intergovernmental agreement with the Arizona Department of Health Services authorizing Glendale Metropolitan Medical Response System (MMRS) to receive the Mass Sheltering System. As a result of this intergovernmental agreement, the city will receive for free the Mass Sheltering Tent System, which was used during Super Bowl XLII and is valued at $400,000. The approval of the intergovernmental agreement will ensure that Council's goal of one community focused on public safety for citizens and visitors is accomplished. The City of Glendale MMRS is a Weapons of Mass Destruction program that originated in 2002 and is funded through the Department of Homeland Security and managed by the Federal Emergency Management Agency. The MMRS Program prepares the City of Glendale for response to all-hazards mass casualty incidents. This agreement will enhance and sustain the regionally integrated, systematic mass casualty 16 incident preparedness program that enables a response during the first crucial hours of an incident. In 2002, the Council accepted the initial MMRS Grant. In subsequent years the council has continued to approve acceptance of the grant funding. The community will benefit through protection of the community against a natural or man made disaster. The Mass Sheltering Tent System will be given to the city for free. The operating costs associated with using this system are minimal and are associated with the maintenance costs of the trailers and generators. These operating costs are estimated at $5,000 per year and will be absorbed by the Fire Department's operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $5,000 Account Name. Fund, Account and Line Item Number: Fire Resource Management, Account No. 1000-12433-532400, $5,000 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into the intergovernmental agreement with the Arizona Department of Health Services authorizing Glendale Metropolitan Medical Response System to receive the Mass Sheltering System. Resolution No. 4176 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF HEALTH SERVICES FOR A GLENDALE FIRE DEPARTMENT MASS SHELTERING SYSTEM. 16. INTERGOVERNMENTAL AGREEMENT WITH CITY OF TEMPE — RADIATION DETECTION EQUIPMENT This is a request for the City Council to approve an intergovernmental agreement authorizing the transfer of radiation detection equipment worth $58,950 from the City of Tempe to the City of Glendale Fire Department. These items were purchased in bulk for the region by the City of Tempe through the 2007 State Homeland Security Program (SHSGP) in order to enhance the weapons of mass destruction response program for the cities of Glendale, Phoenix, Chandler, Mesa, and Tempe. The intergovernmental agreement addresses the Council's goal of one community focused on public safety for citizens and visitors should a major incident occur in the city. 17 The Arizona Department of Homeland security mandated that radiation detection equipment be purchased with this grant. A "lump sum" was authorized for the purchase of equipment for the region and the State insisted that one agency be dedicated as the "lone purchaser'. Chief Tom Abbott of Tempe Fire agreed to become the point of contact for the purchase. The bid was awarded to Thermo Fisher Scientific (Thermo Electron), the designated sole source provider of radiation detection equipment. The devices are solely for the use of Glendale Fire, as the City of Tempe claims no ownership rights once the transaction is complete. All factory warranties are in place. The receipt of these items will enhance the Glendale Fire Department's response capability to Chemical, Radiological, Biological, and Nuclear and Explosive (CRBNE) incidents by providing a larger pool of radiation detection equipment for Special Operations teams to draw from. It will provide back up equipment to existing front line detection capabilities and potentially expand the number of first responding units that carry radiation detection equipment. In the event of a nuclear accident or attack, early identification of radiological 'hot spots' is critical to the well being of both citizens and emergency responders. There is no cost to the city for the transfer of the equipment. The operating costs associated with using this system are minimal and are associated with the calibration of the radiation detection devices. These operating costs are estimated at $3,000 per year and will be absorbed by the Fire Department's operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $3,000 Account Name, Fund, Account and Line Item Number: Fire Resource Management, Account No. 1000-12433-532400 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into the intergovernmental agreement with the City of Tempe authorizing the transfer of radiation detection equipment worth $58,950 from the City of Tempe to the City of Glendale Fire Department. Resolution No. 4177 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TEMPE FOR THE DISTRIBUTION OF EQUIPMENT PURCHASED WITH 2007 STATE HOMELAND SECURITY GRANT FUNDS FOR USE BY THE GLENDALE FIRE DEPARTMENT. 18 17. ACCEPTANCE OF VICTIMS OF CRIME ACT (VOCA) GRANT THROUGH ARIZONA DEPARTMENT OF PUBLIC SAFETY This is a request for City Council to accept a grant for the amount of $117,497 offered from the Victims of Crime Act (VOCA) Grant through the Arizona Department of Public Safety(DPS) for the Victim Assistance Program in the Police Department. One of the Council's goals is to provide high-quality services for citizens. This grant supports this goal by providing special services to crime victims in need. The Glendale Police Department's Victim Assistance Caseworkers play a crucial role in ensuring that victims of crime are treated with dignity and respect. The Victims Assistance Unit is part of a national movement to better serve victims of crime by reducing the impact of trauma on crime victims. Glendale has been accepting funding from VOCA for 20 years. Victims of crime in Glendale receive numerous services through the Glendale Police Department and the Victim Assistance staff, including crisis counseling, advocacy, information and referral. This funding would allow the Glendale Police Department to continue to ensure these services are available to any person victimized in Glendale. This grant funding would continue to allow the city to uphold the excellent services to victims that has been consistently provided. This grant supplies 94% of the salary and employee-related expenses for one current full-time caseworker, as well as 100% salary funding for both a part-time caseworker and a part-time volunteer coordinator. These positions are currently employed at the Advocacy Center of the Police Department. The Police Department's ongoing budget includes the match funding for rent and utilities for this program. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $117,497 Account Name, Fund, Account and Line Item Number Victims of Crime Act (VOCA) Account No. 1840-33018 The recommendation was to waive reading beyond the title and adopt a resolution allowing the Glendale Police Department to accept funding offered through the Victims of Crime Act (VOCA) grant from the Arizona Department of Public Safety. 19 Resolution No. 4178 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER FROM THE ARIZONA DEPARTMENT OF PUBLIC SAFETY, VICTIMS OF CRIME ACT (VOCA), IN THE AMOUNT OF $117,497 FOR THE VICTIM ASSISTANCE PROGRAM IN THE GLENDALE POLICE DEPARTMENT. 18. ACCEPTANCE OF VICTIM'S RIGHTS PROGRAM GRANT THROUGH ARIZONA ATTORNEY GENERAL'S OFFICE This is a request for the City Council to accept a grant offer in the amount of $77,300 from the State of Arizona Office of the Attorney General to continue victim's rights programs. This grant meets the Council's goal by providing high-quality services for citizens. Funding from this grant will be used to offset costs associated with the performance of duties that are mandated under victims' rights laws. Services provided through this grant will include direct victims' assistance by caseworkers working in cooperation with the Glendale City Court and the Prosecutor's Office, the publication and distribution of victims' rights brochures, informational materials, and the maintenance of technology necessary for the timely notification of victims regarding the status of their cases and the status of arrested suspects moving through the city's criminal justice system. Glendale has been accepting funding from the Victim's Rights Program for 15 years. There is no financial match required for this funding. This is one-time funding by the State of Arizona Office of the Attorney General. The funds provide 70% of salary and benefits for a current full-time employee, funding for Victim Information Notification Everyday (VINE) program and operating expenses. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $77,300 Account Name, Fund, Account and Line Item Number Victim's Rights Program Grant, 1840-133018, $77,300 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the grant funds in the amount of $77,300 from the State of Arizona Office of the Attorney General. 20 Resolution No. 4179 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER AND AUTHORIZING THE SUBMISSION AND EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE ARIZONA OFFICE OF THE ATTORNEY GENERAL TO CONTINUE VICTIM'S RIGHTS PROGRAMS. Mr. Leonard Clark, a Barrel resident, expressed his support for the Knights of Columbus receiving a permit for a liquor license. He stated that the Knights do great work in the community. He thanked the Council for their continued leadership and dedication to the City of Glendale and Luke Air Force Base. It was moved by Lieberman and seconded by Clark, to approve the recommended actions on Consent Agenda Item Nos. 1 through 5 and 7 through 18, including the approval and adoption of Resolution No. 4176 New Series, Resolution No. 4177 New Series, Resolution No. 4178 New Series, and Resolution No. 4179 New Series; and to forward two Special Event Liquor License Applications for Knights of Columbus for (1) a fundraiser to be held inside the St. Raphael Church Hall, located at 5525 West Acoma Road, on October 11, 2008 and (2) a Christmas Party to be held inside the St. Raphael Church Hall, located at 5525 West Acoma Road on December 20, 2008; and Liquor License Application No. 3-1194 for El Muelle De San Bias; Liquor License Application No. 3-1196 for The Kaddy Bar & Grill, Liquor License Application No. 3-1197 for Circle K Store #3378, and Liquor License Application No. 3-1200 for Jobbing.com Arena, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 6. LIQUOR LICENSE NO. 3-1199, EL 60 Mr. Ray Shuey, Finance Director/Chief Financial Officer, presented this item. This is a request for the City Council to approve a person-to-person transfer, Series 07 (Bar — Beer and Wine) license. El 60 is located at 6162 Northwest Grand Avenue. The Arizona Department of Liquor Licenses and Control application (Number 07070314) was submitted by Daniel Garcia Morales. The 60-day deadline for processing this license will be August 19, 2008. The location of the establishment is 6162 Northwest Grand Avenue, and is within the Ocotillo District, zoned C-2 (General Commercial). This Series 07 liquor license is a person-to-person transfer, and is operating with an interim permit. The population density is 20,510 persons in a one-mile radius. The establishment is over 300 feet form any church of school. The approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below: 21 Series Type Quantity 06 Bar—All Liquor 3 07 Bar— Beer and Wine 1 09 Liquor Store —All Liquor 3 10 Liquor Store — Beer and Wine 12 12 Restaurant 11 14 Private Club 4 Total 34 The City of Glendale Planning, Fire, and Police Departments as well as the Maricopa County Health Department, have reviewed the application and determined that it meets all technical requirements. One protest was received during the 20-day posting period on July 3, 2008. The person submitting the protest lives within one mile of the location. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. Councilmember Knaack asked if the worksheet received from the police department was accurate in stating that no calls had been received from that establishment in the last five years. Mr. Shuey stated that this type of transfer appeal is based on a person-to-person request based on criminal background involving the applicant, not the location; therefore, call information was not provided. He added that Commander Dominguez was in the audience to answer any detailed questions on the establishment and procedures. Mayor Scruggs commented that in the past, Council was provided with detailed information from the police department. Mr. Shuey referred the question to Commander Dominguez. Councilmember Clark commented that in the past they had received information on the number of calls for service on an establishment, even when the transfer was a person-to-person request. She asked when the policy had changed. Mr. Shuey reiterated that in a person-to-person transfer, only the criminal background of the applicant was involved. He explained that the state statute requires that in a person-to- person transfer only the individual is considered, not the location. He added they had noticed the difference in policy and had checked the statute. Councilmember Goulet asked Mr. Shuey what was meant by the applicant meeting only the technical requirements. Mr. Shuey stated that technical requirements were based on various requirements in state statute for approval or denial of the application. 22 Mayor Scruggs asked if this request had previously come forward to Council under a different name. Mr. Shuey responded, yes. He said it did come forth under a different name and owner. Councilmember Lieberman commented that he was still unclear why they were not provided police call information, when in other applications they were. Mr. Shuey explained that different categories of license actions were involved and the applications were very different and did not involve a person-to-person transfer. Vice Mayor Martinez asked if the application was approved, how long it would take to shut down the bar if numerous complaints were filed. Mr. Shuey stated that would be a question for the state liquor department. Councilmember Knaack asked if they were to deny the application, could the applicant still appeal to the Liquor Board for approval. Mr. Shuey answered that she was correct. He added that a recommendation to deny results in a required hearing. Councilmember Clark reiterated her question on when the policy had changed. Commander Dominguez stated he was not sure if it had changed because the person- to-person transfer only considers the individual, not the location. Councilmember Clark repeated that Council was provided that information in the past and would like to know when it had stopped. Commander Dominguez explained they had changed their background investigator six months ago and that may be the reason. Councilmember Goulet asked if anything of concern had happened in regards to operations at the location. Commander Dominguez said there had been only one service call since the new applicant took over on July 14, 2008 and it was an alarm call, no criminal calls have been reported. Vice Mayor Martinez asked if there was a set number of complaint calls that warranted shutting down a bar. Commander Dominguez stated there was not a set number, however, all were investigated. He added that bars have been closed down for continued violations. Councilmember Lieberman asked if any of those bars had been closed down this year. Commander Dominguez responded, yes. He noted that the applicants were forced to divest interest in their liquor license, therefore, allowing for a new applicant. Councilmember Clark asked if the interim license issued on July 14, 2008 was to Mr. Morales. Commander Dominguez responded, yes. Mayor Scruggs inquired if there had been any calls for disruptive activity coming from the establishment. Commander Dominguez said they had not received any calls to that effect. 23 Vice Mayor Martinez asked if there had been any calls prior to the interim period. Commander Dominguez stated that there had been several typical bar fight calls and a shooting call that was investigated last year. He added that since the new owner had taken over, there have been no criminal calls recorded. Mayor Scruggs questioned the lack of information provided on this item. She stated they were previously provided with a lot of detailed information. She did not understand why that process has now changed. Commander Dominguez indicated that the background check was essentially the same on the person and there was no cause for denial. He noted that he was not sure why Council was now provided with less information. Councilmember Clark asked if the applicant had any previous job experience in running this type of operation. Commander Dominguez replied that the applicant had no liquor establishment background. Mayor Scruggs asked the applicant Mr. Daniel Garcia to come forward and make a presentation. Mr. Daniel Garcia stated he was a Peoria resident and was trying to start a Glendale business and would like Council's approval. Councilmember Goulet asked the applicant if he had any experience in the liquor establishment industry. Mr. Garcia stated he had been researching the liquor industry for the past year and a half and has established relationships with bar owners who had educated him on the business trade. He added he has also worked in the industry for eight months. Councilmember Goulet asked if he had researched the bars past history. Mr. Garcia said he had, however, very little. He noted that his plan was to change the atmosphere. His goal was for the establishment to welcome both Spanish and English speaking patrons. Councilmember Goulet questioned his objective given he had not done adequate research on the bar itself. He asked if he was buying or leasing. Mr. Garcia said that he will be leasing and the lease will be for three years. Councilmember Clark asked Mr. Garcia of his career previous to leasing this establishment. Mr. Garcia replied that he had worked at a medical call center. Councilmember Clark commented on a complaint letter dated July 2, 2008. She said the compliant came from some trailer park homes who say their quality of life has been disrupted because of the activities of the bar. She asked if he had any thoughts on how to do things differently and assure the neighbors that operations will be conducted in a different way. Mr. Garcia stated he had spoken to some neighbors and determined that a large reason for their concerns was that they did not feel welcome in the establishment. He said he will be bringing in bilingual staff and more security to make sure everyone feels welcome. 24 Councilmember Clark stated it was her understanding that the concerns dealt more with trash being left in yards, patron traffic and parking problems. Mr. Garcia stated he will address those issues with his staff to make sure he runs a clean and safe establishment. Councilmember Clark suggested he meet with the neighbors and hear some of their concerns. Mr. Garcia said he will consider it. Councilmember Frate stated that, in the past, this establishment had many problems. The establishment had affected the surrounding area negatively. He wanted to make it clear that should they approve this application, the running of the bar had to change for the better. He noted he was giving him the benefit of the doubt as a new owner to run the establishment in a professional manner. Mr. Garcia replied that he would. Mayor Scruggs asked Mr. Garcia if he knew the previous applicant who had come before the Council. Mr. Garcia said he did not know him personally, but knew of him. Councilmember Clark remarked it was odd he did not know the applicant when the request was a person-to-person transfer. She asked how he received the license without dealing with the applicant. Mr. Garcia said he met the previous applicant briefly when signing paperwork at the law office. He added he heard about the bar through the Glendale Star. Councilmember Clark reiterated that this establishment had, in the past, very bad dealings and the Council was very skeptical of approving this application. Councilmember Lieberman asked Mr. Garcia if he was buying the license from the previous owner. Mr. Garcia replied, yes. Mayor Scruggs stated that she would look forward to seeing a change in this establishment for the better, should they approve this application. Mayor Scruggs asked Mr. Robert O'Connor to come forward and make a statement. Mr. Robert O'Connor, an Ocotillo resident, stated he was a senior citizen living on a fixed income and his residence was approximately 50 feet from the bar. He related problems with prostitution, drugs, trash and criminal activity associated with the bar. He said he is afraid of being evicted from his home because of his complaints. He noted that because of the many problems associated with the bar, he would like the application denied by Council. Councilmember Clark asked Mr. O'Conner if he had had any problems since July 14th. Mr. O'Conner stated that he had not. 25 Mayor Scruggs asked Mr. O'Conner to explain the threat he received from the trailer park manager in regards to an eviction. Mr. O'Conner said the manager had told him if the bar was denied the license or closed down, he will be evicted by the company that owns Cholla Court Trailer Park. Councilmember Goulet asked if the same company also owned the bar. Mr. O'Conner stated that Commercial Bankers Incorporated owned the bar as well as Cholla Court. Mr. O'Conner also informed the Council that his trailer had been hit three times by drive by shootings. Vice Mayor Martinez inquired how long Mr. O'Conner had lived in the trailer park. Mr. O'Conner replied that he had lived there since 2005. Councilmember Frate thanked Mr. O'Conner for taking the time to be here today. He said it was essential that the applicant hear what has occurred in the past and how the bar has affected the neighborhood. Mayor Scruggs thanked Mr. O'Conner and asked for any discussion or comments from the Council. Councilmember Goulet stated this establishment had been a problem in the past and it was unfortunate that the new applicant had to face the past history. However, it was easy to change ownership, but very hard to change patrons. He said there were 34 liquor establishments in the vicinity and one more was not needed. He also believes that the research done by the applicant was not sufficient. He added that he had also heard some inconsistencies by the applicant, therefore, he would vote not to approve the application. Councilmember Clark commented that she agreed with Councilmember Goulet. She said she too had heard some inconsistencies and finds there are similarities between the applicant and the previous owner. She stated this was a tough location to clean-up and his youth and lack of experience in the industry did not help. She noted it was a tough decision to make, but at this time, with the information provided, she could not support the application. Vice Mayor Martinez agreed with the Council's concerns, however, the applicant does meet the requirements under the law. Additionally, there has been some improvement since he has taken over. He stated he supports giving the applicant the opportunity to prove he can operate the bar in a safe and professional manner. Councilmember Frate agreed with Vice Mayor Martinez. The applicant has met all the requirements under the law. He added that to deny the application for past infractions not in his control, would be to discriminate against him. He will support the application. 26 Mayor Scruggs stated that these types of cases were always difficult. However, denying the application because of past problems would only hurt the new applicant trying to improve things. She said that having the bar go back to the previous owner will not help the situation either. She added that the applicant has met all the requirements and has had some success already. Additionally, he was also willing to work with the community. She will be supporting the application. It was moved by Clark, seconded by Lieberman, to approve the application for Liquor License No. 3-1199 for El 60. Ayes: Lieberman, Martinez, Frate, Knaack and Scruggs; Nayes: Clark and Goulet voted nay. The motion carried. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 19. GENERAL PLAN AMENDMENT GPA07-10 (RESOLUTION) AND REZONING APPLICATION ZON07-27 (ORDINANCE): REDFIELD LUXURY ESTATES — 6675 WEST REDFIELD ROAD (PUBLIC HEARING REQUIRED) Karen Stovall, Senior Planner, presented this item. This is a request by ESCA Environmental, Inc. for the City Council to amend the General Plan Land Use Map from HDR (High Density Residential, 12-20 dwelling units per acre) to MDR (Medium Density Residential, 2.5-3.5 du/ac) on 3.7 acres and to rezone from A-1 (Agricultural) and R-3 (Multiple Residence) to R1-10 (Single Residence). The property is located at the southeast corner of 67th Avenue and Redfield Road. The proposed General Plan amendment and rezoning applications support the Council goal of creating one community with strong neighborhoods by creating additional single-family housing opportunities in the city. These requests also support the Council's goal for a city that is fiscally sound by utilizing existing infrastructure such as water and sewer lines and existing streets. Redfield Luxury Estates will be a single-family subdivision, consisting of 12 lots at a density of 1.9 dwelling units per acre. The Planning Commission recommended approval of the General Plan amendment and rezoning requests at its meeting held on June 5, 2008. The project will facilitate development on an infill property and will provide single- family housing opportunities in the community. A public notice for the City Council public hearing was published in The Glendale Star on July 24, 2008 and the property was posted on July 25, 2008. Postcards were mailed to 121 adjacent property owners and interested parties on July 25, 2008. 27 Four individuals spoke at the Planning Commission public hearing held on June 5, 2008. Issues discussed include house size, building setbacks, location of the monument sign, and traffic along Redfield Road. Staff explained that review of the homes will be done at the time of building permit submittal, building setbacks are similar to those of the existing subdivision to the north, traffic impacts are minimal, and the location of the monument sign is typical of new subdivisions. The recommendation was to conduct a public hearing, waive reading beyond the titles, and adopt an ordinance for General Plan amendment GPA07-10 and a resolution for rezoning application ZON07-27, subject to the stipulations as recommended by the Planning Commission. Councilmember Goulet asked Ms. Stovall to comment on the water retention issue on the west side. Ms. Stovall stated that the water retention issue had been reviewed and deemed appropriate. Mayor Scruggs asked for the applicant to come forward and make a presentation. Mr. Eugene Cetwinski, applicant's representative, offered to answer any questions. Councilmember Clark asked if they had created a CC&R for this proposed development and is there a stipulation as to the minimum required home size for these lots. Mr. Cetwinski stated they had agreed to include a stipulation in the CC&R that the minimum size of the homes built be 3,500 square feet. Councilmember Clark stated that since there was no agreement on paper, would he be opposed to her request to have a condition in the CC&R stipulating that the minimum house size be 3,500 square feet. Mr. Cetwinski stated that he had no objection. Mayor Scruggs opened the public hearing on Agenda Item No. 19. As there were no comments, Mayor Scruggs closed the public hearing. Resolution No. 4180 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 GPA07-10 FOR PROPERTY LOCATED AT 6675 WEST REDFIELD ROAD. It was moved by Frate, and seconded by Knaack, to pass, adopt and approve Resolution No. 4180 New Series. The motion carried unanimously. 28 Ordinance No. 2653 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 LOCATED AT 6675 WEST REDFIELD ROAD FROM A-1 (AGRICULTURAL) AND R-3 (MULTIPLE RESIDENCE) TO R1-10 (SINGLE RESIDENCE); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Clark, and seconded by Martinez to pass and adopt Ordinance No. 2653 subject to the six stipulations with an addition of a seventh that the covenant conditions and restrictions filed upon all lots in this development will restrict the size of the homes to not less than 3500 square feet. Mayor Scruggs asked for any discussion on the motion. Councilmember Frate expressed concern on the stipulation that homes had to be no less than 3,500 square feet, when most surrounding homes were not that size. He noted he was not comfortable requiring someone to build such a large house. He added that if the Planning Commission had not requested that stipulation, the applicant should not have to adhere to it. Councilmember Clark noted that the applicant had agreed to it and therefore was comfortable with that stipulation. She added that in the surrounding area, there were some homes valued in the million dollar mark. She stated that those home owners were asking for that stipulation to protect their property values and she believes it to be a valid concern. Councilmember Frate responded by saying there were four hundred homes in the area and only three people had that concern. Councilmember Clark read from the citizen participation log. She stated that citizens had been concern with lot size as well as home size. She added if the developer was willing to adhere to this new stipulation in the CC&R's, it should be the appropriate thing to do. Mayor Scruggs commented that requiring large homes to be built did not necessarily result in high quality homes. She stated that the goal was to provide quality homes, which does not necessarily mean them having 3,500 square feet. Vice Mayor Martinez stated that even through he seconded the motion, he was now having second thoughts after realizing the size of the homes. He added that the quality might even suffer. Councilmember Clark indicated these were quality homes and any home buyer would be aware of the size of the product. She said she believed that size was not a determining factor in quality. Mayor Scruggs asked Ms. Stovall for the surrounding home and lot sizes. Ms. Stovall stated that to the north lot sizes were a minimum 17,000 square feet, to the northeast it was 10,000 square feet and to the east, they were much larger than the 10,000 square feet. The homes to the north were approximately 2,000 to 2,500 square feet. 29 Councilmember Knaack stated that she did not support the stipulation to require a customer to have to build a 3,500 square foot home should they decided to buy in the area. Councilmember Clark commented that with only 12 lots for sale, there will be more than enough buyers. Councilmember Frate wondered if they were setting a precedent by making such a stipulation. Mayor Scruggs stated she was still having a difficult time agreeing to the 3,500 square feet when there was no one in the audience arguing in favor of the stipulation. She noted that overall, it is a good idea to stipulate size, and however, this size was excessive. Council members voting "aye": Clark, Goulet, Lieberman. Members voting "nay": Martinez, Frate, Knaack and Scruggs. Motion failed. Councilmember Frate suggested a second motion for a stipulation restriction of 2,800 square feet instead of 3,500 square feet. Mr. Craig Tindall, City Attorney, offered language to support the motion, however, Councilmember Goulet questioned requiring the need for a square footage at all. Mayor Scruggs agreed. She asked for further comments. Mayor Scruggs asked Mr. Tindall for direction in allowing the applicant to come forward to answer questions. Mr. Tindall stated that it was at the Mayor's discretion. Mr. Eugene Cetwinski, applicant, representing the developer, questioned the legality of imposing a restriction on a CC&R in an ordinance. Mr. Tindall replied that it was fine as long as the applicant agreed to it. Mr. Cetwinski indicated that placing any stipulation on the size of the house restricts the market. However, the developer is committed to providing a quality product. He explained the size of the surrounding homes and stated that the only concerns were from the million dollar homes from the east. He noted that the developer's goal was to build quality homes that are compatible to the area. He said that he trusts the Planning Department to oversee that high quality homes are built. Councilmember Clark discussed the limited role the Planning Department had in overseeing home requirements regarding upgrades. Mayor Scruggs called for a role call vote on the motion. 30 It was moved by Frate, and seconded by Knaack, to approve Ordinance No. 2653 New Series subject to the six stipulations with an addition of a seventh that the covenant conditions and restrictions filed upon all lots in this development will restrict the size of the homes to not less than 2,800 square feet and shall be recorded and included in the CC&R's. Motion carried on a roll call vote, with the following Council members voting "aye": Martinez, Frate, Knaack. Members voting "nay": Clark, Goulet, Lieberman and Scruggs. Motion failed. Mayor Scruggs stated that her reason for not supporting the motion was that the stipulation requiring a set footage limited the customers options. She believed that quality comes in ways other than size. It was moved by Knaack, and seconded by Frate, to approve Ordinance No. 2653 New Series with the six stipulations as recommended. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": Clark. ORDINANCES 20. SALT RIVER PROJECT EASEMENT Larry J. Broyles, P.E., City Engineer, presented this item. This is a request for the City Council to adopt an ordinance granting a power distribution easement in favor of Salt River Project (SRP) at the city's new Sunset Ridge Park on the northeast corner of 87th and Missouri Avenues. The city has requested electrical service from SRP for the operation of the security lighting for the city's new park facility on the northeast corner of 87°' and Missouri Avenues. SRP agreed to accommodate this request, but requires a power distribution easement from the city, across city-owned land, for the installation and protection of its facilities. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a power distribution easement in favor of Salt River Project. Ordinance No. 2654 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT AT SUNSET RIDGE PARK LOCATED ON THE NORTHEAST CORNER OF 87TH AND MISSOURI AVENUES; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. 31 It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2654 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, and seconded by Frate, (1) to vacate the regularly scheduled City Council Workshop on August 19, 2008 due to the League of Arizona Cities and Towns conference; (2) to hold a Special Council Workshop session at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, August, 26, 2008, to be followed by an Executive Session pursuant to A.R.S. 38- 431.03; and (3) to hold a Special Council Workshop session at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, September 9, 2008, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion passed unanimously CITIZEN COMMENTS Ms. Irmgard Holm, a Cactus resident, stated she has lived at the Mediterranean Garden Community since 1974. The community has 94 units and she has been very happy there. She stated that recently they had a problem with their trash bins being moved into their lots. She explained that as a result, they had had many problems. Mayor Scruggs asked staff to look into the situation and get back in touch with Ms. Holm. Mr. Leonard Clark, a Barrel resident, discussed the beautiful street work done at the intersection of 59th and Olive. He also discussed his concerns on the mortgage crisis. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark stated she was pleased with the discussion they had at the workshop meeting earlier today on the Glendale Corridor and the ideas that were brought forth. She said Councilmembers related many of their discovery trip experiences. She reminded everyone that one of the greatest rights we had living in the United States was the right to vote. She encouraged everyone to vote on September 2nd Councilmember Goulet stated it had been a great first day back in session. He said it felt like the first day of school. Councilmember Lieberman echoed Councilmember Clark's comment on having one of the best workshops to date. He said everyone had participated and had great ideas. 32 Vice Mayor Martinez congratulated the Little League of Arrowhead All Stars and the management team on their championship win. He said they had won the baseball championship and had advanced to the Western Regional Finals. Councilmember Frate informed everyone of the new Apple Computer store that recently opened at Arrowhead Town Center. He said that at 10:00 a.m. in the morning, there were 600 people already waiting in line to get into the store. Dick's Sporting Goods store will also be opening this October. He noted that Banner Thunderbird Medical Center opened a new 25,000 square foot north tower. It will be a new main entrance going into the hospital. He also reminded everyone to watch children around water. Councilmember Knaack reminded everyone to please slow down because schools were now in session. ADJOURNMENT There being no further business, the meeting was adjourned at 9:20 p.m. Pame Hanna - City Clerk 33