Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/25/2008 (3) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, NOVEMBER 25, 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 nine 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 OCTOBER 28, 2008 AND NOVEMBER 18, 2008 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the October 28, 2008 Regular City Council Meeting and the November 18, 2008 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, COMMISSIONS AND OTHER BODIES This is a request for the City Council to approve the recommended appointments to the following boards, commissions and other bodies that have a vacancy or expired term and for the Mayor to administer the Oath of Office to those appointees in attendance. Effective Expiration Aviation Advisory Commission Dietzman, Carl Ocotillo Reappointment 11/25/2008 11/24/2010 Erdmann, Bobby Cactus Reappointment 11/25/2008 11/24/2010 Irons, Robert Cholla Appointment 11/25/2008 11/23/2010 Moreno, Marcio Mayoral Reappointment 11/28/2008 11/28/2010 Scott, William Sahuaro Reappointment 11/28/2008 11/28/2010 Dietzman, Carl — Chair Ocotillo Appointment 11/28/2008 11/28/2009 Scott, William —Vice Chair Sahuaro Appointment 11/28/2008 11/28/2009 1 Citizens Advisory Commission On Neighborhoods Fowler, Derek Ocotillo Appointment 11/25/2008 06/30/2010 Versluis, Matthew Barrel Appointment 11/25/2008 06/30/2010 Citizens Transportation Oversight Commission Kucera, Lawrence Barrel Reappointment 11/28/2008 11/28/2010 Recommendation: Make appointments to the boards, commissions and other bodies and administer the Oaths of Office. It was moved by Martinez, and seconded by Frate, to appoint Carl Dietzman, Bobby Erdmann, Robert Irons, Marcio Moreno, and William Scott to the Aviation Advisory Commission; Derek Fowler and Matthew Versluis to the Citizens Advisory Commission on Neighborhoods; and Lawrence Kucera to the Citizens Transportation Oversight Commission, for the terms listed above. The motion carried unanimously. Mayor Scruggs called those present forward and administered the oath of office. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Consent Agenda Item Numbers 1 through 6 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions numbers 7 through 13 by number and title. Clark requested that items 7 and 8 be heard separately. Lieberman requested that items 9 and 10 be heard separately. 1. LIQUOR LICENSE NO. 3-1211, EWHA KOREAN B.B.Q. This is a request for the City Council to approve a new, non transferable Series 12 (Restaurant) license. EWHA Korean B.B.Q. is located at 10040 North 43rd Avenue, Suite 1-K. The Arizona Department of Liquor Licenses and Control application (No. 1207740) was submitted by Jay Won Kim. The location of the establishment is 10040 North 43rd Avenue, Suite 1-K, and is located within the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 21,743. The establishment is over 300 feet from any church or school; however, the rule does not apply to this series license. This Series 12 is a new license, operating with an interim permit, therefore 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: 2 Series Type Quantity 06 Bar - All Liquor 11 07 Bar— Beer and Wine 2 09 Liquor Store —All Liquor 3 10 Liquor Store - Beer and Wine 4 12 Restaurant 9 Total 29 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 public protests were received during the 20-day posting period. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor License and Control with a recommendation of approval. 2. LIQUOR LICENSE NO. 3-1212, NYPD PIZZA This is a request for the City Council to approve a new, non transferable Series 12 (Restaurant) license. NYPD Pizza is located at 8280 West Union Hills Drive, Suite 100. The Arizona Department of Liquor Licenses and Control application (No. 12077759) was submitted by Richard Fred Stark. The location of the establishment is 8280 West Union Hills Drive, Suite 100, and is located within the Cholla District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 15,816. The establishment is over 300 feet from any church or school; however, the rule does not apply to this series license. This Series 12 is a new license, operating with an interim permit; therefore, 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 03 Domestic Micro-Brewery 1 07 Bar— Beer and Wine 1 09 Liquor Store —All Liquor 4 10 Liquor Store - Beer and Wine 3 12 Restaurant 11 Total 20 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. 3 No public protests were received during the 20-day posting period. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor License and Control with a recommendation of approval. 3. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR BRIDGE AT 57TH AVENUE AT SKUNK CREEK This is a request for the City Council to approve an amendment of $422,876 to the professional services agreement with Michael Baker, Jr., Inc. for construction administration and post design services of the Skunk Creek Bridge at 57th Avenue. This project contributes to the Council's goal of a city with high-quality services for citizens by providing transportation options for Glendale commuters and visitors and providing safe all-weather access to the Foothills Library, Foothills Aquatic and Recreation Center, Midwestern University, and major employers in the area. Currently, 57th Avenue crosses over Skunk Creek at grade and this crossing is closed during significant flood events. Construction of this bridge will provide all- weather access to the Foothills Library, Foothills Aquatic and Recreation Center, Midwestern University, and major businesses. This project will replace the existing low- flow culvert structure crossing with a new 330-foot long bridge. The bridge will feature one lane in each direction, a continuous left-turn lane, sidewalks, and bike lanes. The project also includes construction of a multi-use path under the bridge, approach roadway, curb, gutter, streetlights, landscaping, irrigation, creek channelization and bank protection. In 2005, the City Council approved an engineering design contract with Michael Baker, Jr., Inc. for the design of this bridge. Construction administration and post design services were part of the qualification package in the initial professional services agreement. However, the cost for these services was not included in the 2005 contract because the scope of the project and requirements for construction administration would be best defined after completing the design. This amendment now includes the cost of post design and construction administration services. These services include construction-related meetings, additional design services, reviewing design changes in the field, and preparing as-built drawings. Construction administration services include a pre-construction conference, weekly progress meetings, surveying, review of shop drawings, and special inspections for bridge concrete and reinforcement. On October 28, 2008, the Council approved a contract with Sunrise Cross Construction, Inc. to construct a new bridge at 57th Avenue and Skunk Creek. 4 On July 26, 2005, the Council approved a professional services agreement with Michael Baker Jr., Inc. for design of a new bridge at 57th Avenue and Skunk Creek. Construction of the new bridge at 57th Avenue and Skunk Creek will provide residents of Glendale with better access across Skunk Creek. Other improvements include a multi-use recreational path for pedestrians and cyclists with new streetlights, landscaping, improved traffic flow, and aesthetic enhancements. Funds for construction administration totaling $422,876 are available in the Fiscal Year 2008-09 GO Transportation Program's capital budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $422,876 Account Name, Fund, Account and Line Item Number: 57th / Skunk Creek, Account No. 2210-65037-551200 The recommendation was to authorize the City Council to approve an amendment to the professional services agreement with Michael Baker, Jr., Inc. in the amount of $422,876. 4. AWARD OF BID, FIRE HYDRANT INSTALLATION AND REPLACEMENT This is a request for the City Council to award a construction contract to Blucor Contracting for the replacement and installation of new fire hydrants at various locations within the city. One of the Council's strategic goals is high-quality service for citizens. This contract will provide staff the ability to repair hydrants, replace obsolete hydrants, and install new hydrants thereby ensuring the availability of water suppression services to all citizens. The Utilities Department's fire hydrant replacement program provides for the installation and replacement of fire hydrants. This contract will allow for the installation of new fire hydrants and the repair or replacement of existing hydrants. The replacement of existing fire hydrants is primarily driven by the inability to obtain parts necessary to repair aging and outmoded models. The Engineering Department issued an Invitation for Bids and eighteen offers were received. Blucor Contracting was the lowest responsive, responsible bidder. On October 12, 2004, the Council awarded a construction contract to Pierson Construction Inc. for the replacement of fire hydrants. 5 Funds are available in the Fiscal Year 2008-09 capital improvement plan. There are no operating costs associated with this project once it is completed. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $293,056.18 Account Name, Fund, Account and Line Item Number: Fire Hydrant Replacement, 2400-61001-550800 The recommendation was to award the construction contract in the amount of $293,056.18 to Blucor Contracting for the replacement and installation of new fire hydrants at various locations within the city. 5. AWARD OF BID 08-45, WATER WORKS SUPPLIES This is a request for the City Council to award the Bid 08-45 to Arizona Water Works Supply Company for supplies and parts necessary to repair and replace existing water and wastewater infrastructure. This request is consistent with the goal of promoting high-quality services for citizens, as it will allow the Utilities Department to purchase water works supplies and parts to continue to efficiently and effectively maintain the existing system. The Utilities Department currently uses water works supplies to repair and replace existing infrastructure throughout the city. The Utilities Department purchases routine repair items direct from the recommended supplier on an as-needed basis. Some of the items available under the requested award include fittings, valves, clamps, and saddles. The city Materials Management division issued an Invitation for Bids and five offers were received. Arizona Water Works Supply was the lowest responsive, responsible bidder. If approved by the City Council, a term agreement will be issued for one year, with an option to extend for five additional years, in one-year increments. 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 $125,000 Account Name, Fund, Account and Line Item Number: Water Distribution, Account No. 2400-17290-524400 Meter Maintenance, Account No. 2400-17300-524400 Wastewater Collection, Account No. 2420-17630-524400 6 The recommendation was to award the Bid 08-45 in the amount of $125,000 to Arizona Water Works Supply Company for supplies and parts necessary to repair and replace existing water and wastewater infrastructure. 6. CONTRACT CHANGE ORDER AND AMENDMENT FOR WORK COMPLETED ON 59TH AVENUE ROADWAY PROJECT This is a request for the City Council to approve a change order to the construction contract with Meadow Valley Contractors, Inc. and to approve amendments to the professional services agreements with Ninyo & Moore Geotechnical and Environmental Sciences Consultants and Stantec Consulting, Inc for additional services rendered during construction of the 59th Avenue Roadway Project. One of the Council's strategic goals is to provide a high-quality of service to citizens. This project improves the level of service of a busy transportation corridor, and will provide bicycle paths and an equestrian/pedestrian overpass for citizens using the Thunderbird Conservation Park. During construction of the pedestrian bridge, additional costs in the amount of $86,330.74 were incurred by Meadow Valley Contractors, Inc. for extensive rock excavation at the bridge footings. Due to the additional rock excavation, the amount of steel reinforcement was increased at each of the three bridge footings. A construction contract extension was approved due to the extra work required on the bridge footings, and for weather related delays of the project. Stantec Consulting incurred additional costs in the amount of $73,000 due to extended engineering services related to the extension of the construction schedule and re- design costs associated with the pedestrian bridge footings and pedestrian bridge fence. Ninyo & Moore incurred additional costs in the amount of $15,290 during construction due to the extended construction schedule and additional materials testing for the bridge footings. On May 22, 2007, a professional services agreement was approved with Ninyo & Moore to provide material testing services for this project. On March 27, 2007, the Council awarded the construction contract to Meadow Valley Contractors, Inc. to provide construction services on this project and awarded an amendment to Stantec Consulting, Inc. to provide construction administration services. 7 On July 26, 2005, the Council awarded a professional services agreement to Stantec Consulting, Inc. for preparing the final design and construction documents. On February 10, 2004, the Council awarded a professional services agreement to Stantec Consulting, Inc. to prepare a design concept report (DCR) for the 59th Avenue project. Completion of the 59th Avenue improvements has provided an improved roadway through the Thunderbird Conservation Park area with bicycle paths and an equestrian/pedestrian overpass for those citizens using the park. Funds for this project are available in the Fiscal Year 2008-09 capital improvement plan. There are no additional operating costs. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $174,621.24 Account Name, Fund, Account and Line Item Number: 59th Ave-Melinda to Pinnacle Peak, Account No.1600-67804 The recommendation was to approve a change order to the construction contract with Meadow Valley Contractors, Inc. in the amount of $86,330.74, and approve amendments to the professional services agreements with Ninyo & Moore Geotechnical and Environmental Sciences Consultants for $15,290 and Stantec Consulting, Inc. for $73,000. CONSENT RESOLUTIONS 11. INTERGOVERNMENTAL AGREEMENTS — SCHOOL RESOURCE OFFICERS This is a request for the City Council to authorize the city manager to approve intergovernmental agreements (IGA) for one year between the City of Glendale and Glendale Union High School District, and between the city and Glendale Elementary School District, to assign Glendale Police Officers to the campuses as School Resource Officers (SRO). The presence of School Resource Officers at these schools is a positive approach to promoting public safety and awareness, and meets the Council goal of a city with high-quality services for citizens. It promotes a positive partnership with the school districts, the individual schools, and the Police Department. The SRO program began in 1992 and expanded to several schools with up to seven resource officers assigned at its peak. In the beginning of the program, the 8 SROs were covered by grant funding, which has since expired, ending the officer assignments. For Fiscal Year 2007-08, the Glendale Union High School District partially funded two SROs at $49,500 each. They were assigned to Glendale High School and Independence High School. This year, in order to continue the program, Glendale Union High School District has received grant funding in the amount of $8,305 per month per officer for Apollo, Glendale and Independence High Schools. This fully funds the three officers' salaries and benefits for the school year. The Glendale Elementary School District has also received grant funding and will pay $8,305 per officer per month, which will fully fund the two officers' salaries and benefits for the school year for Challenger and Landmark Middle Schools. At the October 9, 2007 meeting, the Council approved IGAs with Glendale High School District and Alhambra School District. At the October 24, 2006 meeting, the Council approved IGAs with five school districts for six SROs assigned to four high schools and two middle schools. School Resource officers have been assigned to the schools and intergovernmental agreements have been approved each year since 1992. The assigned officers participate in educational programs, which aid students in dealing successfully with peer pressure, child abuse, gangs, drug awareness, and other related issues. The officers will investigate school related criminal activities and assist school administrators in addressing these matters. The officers work on campus while school is in session. During the summer break, officers will complete duties assigned by the Police Department. This partnership allows the Police Department to continue educational efforts in local schools while increasing police visibility and the presence in the community. Both Glendale Union High School District and Glendale Elementary School District agree to pay the city an amount not to exceed $8,305 per officer per month for the five individual schools that they are assigned to for specific school months. The salary and benefits are currently budgeted in the Police Department's Fiscal Year 2009 operating budget. The recommendation was to waive reading beyond the title and adopt the resolutions authorizing the city to approve intergovernmental agreements with Glendale 9 Union High School District for Apollo, Glendale and Independence High Schools, and with Glendale Elementary School District for Challenger and Landmark Middle Schools. Resolution No. 4213 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 INTERGOVERNMENTAL AGREEMENTS WITH THE GLENDALE ELEMENTARY SCHOOL DISTRICT NO. 40 (CHALLENGER ELEMENTARY SCHOOL AND LANDMARK ELEMENTARY SCHOOL) AND GLENDALE UNION HIGH SCHOOL DISTRICT (APOLLO HIGH SCHOOL, GLENDALE HIGH SCHOOL AND INDEPENDENCE HIGH SCHOOL) FOR THE ASSIGNMENT OF ONE POLICE OFFICER AT EACH LOCATION TO AID IN REDUCING CRIME THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT. 12. PURCHASE OF DOWNTOWN PROPERTY— 6820 N. 58TH AVENUE This is a request for the City Council to purchase property located at 6820 North 58th Avenue in Downtown Glendale from Mr. Ashok Patel for revitalization purposes. The purchase of this property encourages revitalization activity and will promote quality economic development in the area. It also helps create a vibrant City Center and supports the Council's goal of purchasing buildings and property in the downtown that support the city's revitalization and business development efforts. The property being purchased is located in Downtown Glendale at 6820 N 58th Avenue and is often referred to as the "Heritage Cleaners" property. The entire site consists of approximately 3,480 square feet. An appraisal was completed of the property and a purchase price was offered and accepted in the amount of $196,085. A deposit of $37,500 has been made and annual payments will be made to Mr. Patel over the course of three years. Final payment to Mr. Patel will include customary interest and closing costs. The purchase of this property will provide land for future projects and spur economic development and business activity. The City Council has recently undertaken the revitalization of the Glendale Avenue Centerline and this property is ideally located to support the goals and mission of the project and will provide new opportunities for the area. Funds are available in the Fiscal Year 2008-09 capital improvement plan. There are no on-going operating costs associated with this project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $196,085 10 Account Name, Fund, Account and Line Item Number: Downtown Land Acquisition, Account No. 2100-84400-550400, $196,085 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a Real Property Purchase with Mr. Ashok Patel for property located at 6820 North 58th Avenue. Resolution No. 4214 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 CITY MANAGER TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 6820 NORTH 58th AVENUE IN GLENDALE, MARICOPA COUNTY, ARIZONA, FOR REVITALIZATION PURPOSES; AND DIRECTING THE EXECUTION OF THE REAL PROPERTY PURCHASE AND SALES AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. 13. PURCHASE OF DOWNTOWN PROPERTY— 6822-6832 N. 58TH AVENUE This is a request for the City Council to purchase property located at 6822-6832 North 58th Avenue in Downtown Glendale from Mr. Bobby Leathers for revitalization purposes. The purchase of this property encourages revitalization activity and will promote quality economic development in the area. It also helps create a vibrant City Center and supports the Council's goal of purchasing buildings and property in the downtown that support the city's revitalization and business development efforts. The property being purchased is located in Downtown Glendale at 6822-6832 N 58th Avenue and is often referred to as the "Thunderbird Lounge" property. The entire site consists of approximately 8,641 square feet. An appraisal was completed of the property and a purchase price was offered and accepted in the amount of $439,157. A deposit of $125,135 has been made and annual payments will be made to Mr. Leathers over the course of two years. Final payment to Mr. Leathers will include customary interest and closing costs. The purchase of this property will provide land for future projects and spur economic development and business activity. The City Council has recently undertaken the revitalization of the Glendale Avenue Centerline and this property is ideally located to support the goals and mission of the project and will provide new opportunities for the area. Funds are available in the Fiscal Year 2008-09 capital improvement plan. 11 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $439,157 Account Name, Fund, Account and Line Item Number: Downtown Land Acquisition, Account No. 2100-84400-550400, $439,157 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a Real Property Purchase with Mr. Bobby Leathers for property located at 6822-6832 North 58th Avenue. Resolution No. 4215 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 CITY MANAGER TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 6822-6832 NORTH 58th AVENUE IN GLENDALE, MARICOPA COUNTY, ARIZONA, FOR REVITALIZATION PURPOSES; AND DIRECTING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. It was moved by Frate, and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 6 and 11 through 13, including the approval and adoption of Resolution No. 4213 New Series, Resolution No. 4214, and Resolution No. 4215 New Series; and to forward Liquor License Application No. 3-1211 for Ewha Korean B.B.Q. and Liquor License No. 3- 1212 for NYPD Pizza to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 7. CODE OF ETHICS FOR ELECTED OFFICIALS AND BOARDS AND COMMISSIONS Vice Mayor Manny Martinez presented this item. At the request of the City Council, the resolution on the Code of Ethics for the Council and for those appointed to city boards and commissions is presented for adoption by the City Council. In keeping with the commitment to effective functioning of democratic government, public officials, both elected and appointed, shall comply with both the letter and spirit of the laws and policies affecting the operations of government. To this end the Code of Ethics has been established to assure public confidence in the integrity of local government and its effective and fair operation. At the January 16, 2007 City Council workshop, the Vice Mayor requested that a Code of Ethics for Council be researched as a special interest item. At the May 1, 2007 workshop, the Council was presented with a memo regarding local code of ethics research and a discussion occurred regarding the possibility of developing and implementing a code of ethics for Council. 12 At the August 21, 2007 workshop, the Council discussed the plan for development of a Code of Ethics. This process occurred at the November 26 and 27, 2007 Council retreat after the completion of the goal-setting process. On April 14, 2008, the Council was provided, by the Vice Mayor, a copy of the draft Code of Conduct for Council and the draft Code of Ethics for Council and Boards and Commissions. At the August 26, 2008 City Council workshop, pursuant to City Council direction, Richard Bowers was present to facilitate a dialogue on the draft Code of Conduct for Elected Officials and the draft Code of Ethics for the Council and for those appointed to city Boards and Commissions. This discussion was continued at the September 9, 2008 workshop. At the October 21, 2008 workshop, the Council reviewed the final draft of the Code of Conduct for Elected Officials and the final draft of the Code of Ethics for Elected Officials and for those appointed to city Boards and Commissions. Guidance was given to proceed with adoption of a formal resolution. The recommendation was to waive reading beyond the title and adopt a resolution adopting the Code of Ethics for Elected Officials and for those appointed to city Boards and Commissions. Vice Mayor Martinez indicated that the general background for the Code of Conduct for elected officials was updated to include the language used in the City Charter. In section two, Council conduct with city staff sub-section E, was updated to include language from the City Charter. In section five, Council conduct with Boards and Commissions, a notation was made using the Charter language indicating that the Mayor and City Manager serve as ex-officio members of all Boards and Commissions. He stated that section seven, Sanctions and Violations, had been revised throughout to be more in line with the discussions from September 9. The Code of Ethics for City Council and the voting commission members was updated in section 18th in compliance and enforcement procedures, and mirrors the language in section seven in the Code of Conduct. Vice Mayor Martinez thanked the Mayor and Council for their support. He added he believed all the decisions made had been very productive. He suggested that the final document will serve them and other Councils well into the future. He also acknowledged and thanked Mr. Bowers, Dr. Fredrickson, Mr. Tindall and Ms. Krey for all their work on this project. Councilmember Clark stated that she had asked that these two items be heard separately because of their importance. She thanked Vice Mayor Martinez for his work, commitment and time on this item. She stated that she will support the Code of Ethics 13 and feels that it was long over due. However, she will not be supporting the Code of Conduct on the principal that she does not believe it is appropriate to legislate behavior. Councilmember Goulet acknowledged Vice Mayor Martinez's dedication and accomplishment on this item. He stated that this was a difficult item to bring forward and admired his commitment. He believes that both the Code of Conduct and Code of Ethics go hand in hand and work well together. He noted that as in any professional organization there was a conduct and ethics connotation that he/she must adhere to and this was no different. He added that having a Code of Conduct and a Code of Ethics assists the current Council and future Council as well as the Boards and Commissions. He stated that he will be supporting both items. Vice Mayor Martinez explained how it was that he brought this item forward. He related he had seen and heard things in workshop and executive sessions that bothered him. He stated that some of the behavior exhibited was inappropriate, and he believed something should be done about it. Vice Mayor Martinez supported the measures because of disrespectful treatment among council members in the past. Some emails weren't just mean-spirited; they were out and out vicious. He said that a lot of time and energy has been spent researching this item, and believes they have accomplished a document that will serve them and future Councils well. Mayor Scruggs thanked Vice Mayor Martinez for his commitment and dedication to the city. She commented that although it seems like a simple endeavor it really was a very difficult task to undertake and accomplish. Resolution No. 4209 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 CODE OF ETHICS FOR GLENDALE CITY COUNCIL AND CITY OF GLENDALE BOARDS AND COMMISSIONS. It was moved by Martinez, and seconded by Frate, to pass, adopt and approve Resolution No. 4209 New Series. The motion carried unanimously. 8. CODE OF CONDUCT FOR ELECTED OFFICIALS Vice Mayor Manny Martinez presented this item. At the request of the City Council, the Code of Conduct for Elected Officials is presented for adoption by the City Council. The Code of Conduct for Elected Officials is designed to describe the manner in which council members should treat one another, city staff, constituents, and others they come in contact with in representing the City of Glendale. 14 At the January 16, 2007 City Council workshop, the Vice Mayor requested that a Code of Ethics for Council be researched as a special interest item. At the May 1, 2007 workshop, the Council was presented with a memo regarding local Code of Ethics research and a discussion occurred regarding the possibility of developing and implementing a Code of Ethics for Council. At the August 21, 2007 City Council workshop, the Council discussed the plan for development of a Code of Ethics. This process occurred at the November 26 and 27, 2007 Council retreat after the completion of the goal-setting process. On April 14, 2008, the Council was provided, by the Vice Mayor, a copy of the draft Code of Conduct for Council and the draft Code of Ethics for Council and Boards and Commissions. At the August 26, 2008 City Council workshop, pursuant to City Council direction, Richard Bowers was present to facilitate a dialogue on the draft Code of Conduct for Elected Officials and the draft Code of Ethics for Council and for those appointed to city Boards and Commissions. This discussion was continued at the September 9, 2008 workshop. At the October 21, 2008 workshop, the Council reviewed the final draft of the Code of Conduct for Elected Officials and the final draft of the Code of Ethics for Elected Officials and for those appointed to city Boards and Commissions. Guidance was given to proceed with adoption of a formal resolution. The recommendation was to waive reading beyond the title and adopt a resolution adopting the Code of Conduct for elected Officials. Resolution No. 4210 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 CODE OF CONDUCT FOR ELECTED OFFICIALS. It was moved by Martinez, and seconded by Frate, to pass, adopt and approve Resolution No. 4210 New Series. The motion carried with Clark voting nay. 9. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT 51st AND NORTHERN AVENUES Mr. Jamsheed Mehta, AICP, Transportation Director, presented this item. 15 This is a request for the City Council to enter into an Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) for intersection improvements at 51st and Northern Avenues. One of the Council's goals is a city with high-quality services for its citizens. Improving and providing transportation options within the city will assist in achieving this goal. In 2001, Glendale voters approved funding for a variety of GO Transportation projects throughout the city. These included improvements to intersections along 51st Avenue from Peoria Avenue to Camelback Road. Approval of this IGA for intersection improvements at 51st and Northern Avenues will provide for installation of a westbound bus bay on Northern Avenue, a westbound right turn lane on Northern Avenue, four raised medians, and modifications to four existing left turn lanes. Federal and Maricopa Association of Governments regional funds have been secured for the project; therefore an IGA with ADOT is required to allow ADOT to construct the project. The city is purchasing right-of-way and completing design for this project with GO Transportation funds. Public notification to adjacent properties and businesses regarding construction schedules and traffic restrictions will be provided by ADOT prior to construction. On August 26, 2008, the Council approved an amendment of the professional services agreement with AMEC for final design of intersection improvements at 51st and Northern avenues and 51st Avenue and Camelback Road. On December 13, 2005, an amendment to the AMEC contract was approved by Council for additional funding for design and construction administration for all the intersections along 51st Avenue. On May 25, 2004, the Council approved a contract with AMEC for design and construction administration services for all the intersection projects along 51st Avenue. Construction of turn lanes, raised medians, bus pullouts, curb and gutter, sidewalks, landscaping, streetlights and traffic signal modifications will improve traffic flow and congestion, enhance safety for the traveling public, and provide aesthetic improvements. Since 2003, this project has been presented at an annual public meetings held as part of the Glendale Onboard Transportation Program. 16 There was a meeting held on February 15, 2007 for public review of proposed intersection improvements within the 51st Avenue corridor from Camelback Road to Peoria Avenue. Seventeen citizens attended this meeting, and no public comments were received on proposed improvements at the 51st and Northern Avenues intersection. The estimated cost for construction of the 51st and Northern Avenues intersection improvement project is $1,159,710. The estimated city match fund contribution is $259,710. ADOT is providing $500,000 in federal grant funds, and MAG is providing $400,000 in federal grant funds. Funds for the city match contribution are available in the Fiscal Year 2008-09 capital improvement program. There are no additional ongoing operating costs associated with this project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $259,710 Account Name, Fund, Account and Line Item Number: 51st Avenue HES Projects, Account No. 2210-65086-550800 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for intersection improvements at 51st and Northern Avenues. Councilmember Lieberman indicated that he was not objecting to this item; however, wanted to point out to the public that very little money was coming from the City. He reminded everyone that in November of 2001, the citizens voted on the half cent sales tax for transportation which will be funding the project as well as matching funds. This installation will also include the west bound bus bay as well as raised mediums and modifications to four exiting left turns. He noted that the City was introducing much needed improvements and modifications to that corner. Councilmember Lieberman inquired about the installation of new water lines and storm drains. Mr. Mehta replied that he was not sure of the time line on that project; however, the IGS will proceed. Councilmember Lieberman asked if a starting date was known. Mr. Mehta replied that the date was determined by the Arizona Department of Transportation and subject to several issues. He expects a date to be sometime in 2009, however, he could not provided a specific starting or completion date at this time. Councilmember Lieberman discussed traffic and barricade issues on these types of projects. He noted that he was very concerned when traffic was being blocked needlessly. Mr. Mehta commented that the state was sponsoring this project; however, the City will be involved with the barricades and will make an extra effort to make sure that no extra barricades are left out unnecessarily. 17 Resolution No. 4211 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 TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT 51ST AND NORTHERN AVENUES. It was moved by Lieberman, and seconded by Clark, to pass, adopt and approve Resolution No. 4211 New Series. The motion carried unanimously. 10. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS AT 51st AVENUE AND CAMELBACK ROAD Mr. Jamsheed Mehta, AICP, Transportation Director, presented this item. This is a request for the City Council to enter into an Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) for intersection improvements at 51st Avenue and Camelback Road. One of the Council's goals is a city with high-quality services for its citizens. Improving and providing transportation options within the city will assist in achieving this goal. In 2001, Glendale voters approved funding for a variety of GO Transportation projects throughout the city. These included improvements to intersections along 51st Avenue from Peoria Avenue to Camelback Road. Approval of this IGA for intersection improvements at 51st Avenue and Camelback Road will allow for construction of two right-turn lanes, three raised medians, and two bus bays along the east and west legs of this intersection. Federal and Maricopa Association of Governments regional funds have been secured for the project; therefore, an IGA with ADOT is required to allow ADOT to construct the project. The city is purchasing right-of-way and completing design for this project with GO Transportation funds. Public notification to adjacent properties and businesses regarding construction schedules and traffic restrictions will be provided by ADOT prior to construction. On August 26, 2008, the Council approved an amendment to the professional services agreement with AMEC for final design of intersection improvements at 51st and Northern Avenues and 51st Avenue and Camelback Road. 18 On December 13, 2005, an amendment to the AMEC contract was approved by the Council for additional funding for design and construction administration of intersections along 51st Avenue. On May 25, 2004, the Council approved a contract with AMEC for design and construction administration services for projects along 51st Avenue. Construction of turn lanes, raised medians, bus pullouts, curb and gutter, sidewalks, landscaping, streetlights and traffic signal modifications will improve traffic flow and congestion, enhance safety for the traveling public, and provide aesthetic improvements. Since 2003, this project has been presented at annual public meetings held as part of the Glendale Onboard Transportation Program. There was a meeting held on February 15, 2007 for public review of proposed intersection improvements within the 51st Avenue corridor from Camelback Road to Peoria Avenue. Seventeen citizens attended this meeting, and no public comments were received on the proposed improvements at the 51st Avenue and Camelback Road intersection. The estimated cost for construction of the 51st Avenue and Camelback Road intersection improvement project is $984,002. The estimated city match fund contribution is $84,002. ADOT is providing $500,000 in federal grant funds, and MAG is providing $400,000 in federal grant funds. Funds for the city's match contribution are available in the Fiscal Year 2008-09 capital improvement plan. There are no additional ongoing operating costs associated with this project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $84,002 Account Name, Fund, Account and Line Item Number: 51st Avenue HES Projects, Account No. 2210-65086-550800 The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for intersection improvements at 51st Avenue and Camelback Road. Councilmember Lieberman thanked Mr. Mehta for securing the grant funding for this project. He reiterated his concerns with the traffic and barricade issues. Mr. Mehta agreed that an extra effort will be made to ensure no extra barricades are left out unnecessarily. Councilmember Lieberman noted that the City was introducing much needed improvements and modifications in the area. He asked Mr. Mehta to provide 19 him with a completion date on both projects when it was known so he could keep the business owners on those streets informed. Resolution No. 4212 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 TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT 51ST AVENUE AND CAMELBACK ROAD. It was moved by Lieberman, and seconded by Clark, to pass, adopt and approve Resolution No. 4212 New Series. The motion carried unanimously. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 14. ANNEXATION APPLICATION AN-182: AQUIFER RECHARGE FACILITY — 11719 WEST GLENDALE AVENUE (PUBLIC HEARING REQUIRED) Mr. Jon M. Froke, AICP, 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. 182 (AN-182) as required by state statute. The approximately 215 acre parcel is located north and south of Glendale Avenue, between the 115th Avenue alignment and El Mirage Road. The request was initiated by Snell and Wilmer. The proposed annexation is consistent with the Council goal for economic development, as the private property is intended to be redeveloped for industrial uses once the existing use is terminated. This is an opportunity to develop an employment base in this portion of the Glendale Avenue Corridor. The property includes approximately 35 acres of private property, and the remainder of the area is city-owned and holds the city's Aquifer Recharge Facility. If annexed to the city, this site will receive city services, including police, fire, and sanitation services. Since the property currently has no buildings, the city has the opportunity to work with the applicant at the time of zoning to best plan for the emergency response and sanitation needs. The proposed annexation is not within the noise contours of Luke Air Force Base or the Glendale Municipal Airport. The city-owned property located north of Glendale Avenue is in the floodplain and floodway of the Agua Fria River. South of Glendale Avenue, most of the city-owned property is located in the floodplain or floodway. Flood control measures will be addressed as needed. 20 The area is designated HI (Heavy Industrial), PF (Public Facility), and P/OS (Parks and Open Space) on the Glendale General Plan. The zoning district which implements the HI designation is M-2 (Heavy Industrial). A portion of the land is currently zoned IND-3 (Heavy Industrial), with a Special Use Permit for an inert landfill, with the remainder of the property and the entire city-owned property zoned R-43 (Rural Residential) in Maricopa County. After annexation, the city applies the most compatible Glendale zoning district to a newly annexed property compared to the existing county zoning. The most comparable Glendale zoning districts are M-2 (Heavy Industrial) and A-1 (Agricultural) respectively. In keeping with Council direction and the applicant's desires, a rezoning request will be considered concurrently with the annexation. At the October 7, 2008 workshop, the Council guided staff to proceed with the annexation process for AN-182. The annexation of the area will bring city-owned facilities and property into the corporate limits of the city, and will require that any future development, both private and city-owned, meet the Glendale General Plan requirements as well as all other Glendale development standards. 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 on the property and advertised in The Glendale Star. No comments have been received. The recommendation was to conduct a public hearing on the blank annexation petition for Annexation Area No. 182 (AN-182) as required by state statute. Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there were no comments, Mayor Scruggs closed the public hearing. No action was taken on this item. 15. GENERAL PLAN AMENDMENT GPA08-03 (RESOLUTION) AND REZONING APPLICATION ZON08-13 (ORDINANCE): CENTRADA — 9191 WEST BETHANY HOME ROAD (PUBLIC HEARING REQUIRED) Mr. Jon M. Froke, AICP, Planning Director, presented this item. This is a request by LVA Urban Design Studio representing CCP Investment # 3 LLC for City Council approval to amend the General Plan Land Use Map from LDR (Low Density Residential 1- 2.5 dwelling units per acre) to EMU (Entertainment Mixed Use) and to rezone 75.12 acres from A-1 (Agricultural) zoning district to PAD (Planned 21 Area Development) zoning district. The property is located at the Southwest corner of 91st Avenue and Bethany Home Road. The proposed general plan amendment and rezoning are consistent with the General Plan objectives of providing a mixed-use employment center with compatible specialty retail, office, hotels, restaurants, entertainment and housing that provide quality economic development for the city. Approval of this request will position the city for continued economic vitality in the Loop 101 Corridor. The 75.12-acre site is located at the southwest corner of 91st Avenue and Bethany Home Road. The proposed mixed use development titled "Centrads" will include retail, hotel, office and residential development. There are three districts identified in the PAD development plan which include: Residential District, Entertainment Mixed Use District and Employment District. The Planning Commission unanimously recommended approval of GPA08-03 and ZON08-13 on October 23, 2008. The project will allow continued growth in the city's Sports and Entertainment District and substantially contribute to a strong, self-sustaining office, residential, retail, and hotel core that can be an economic resource to the community. A public notice for the City Council public hearing was published in The Glendale Star on November 6, 2008 and the property was posted on November 7, 2008. Postcards were mailed out to 474 property owners and interested parties on November 7, 2008. Four individuals spoke at the Planning Commission public hearing on October 23, 2008. Three were in support of the project, and one citizen had a question about the security of the lake on the property. The citizen was advised that this would be addressed at the design review stage. A signed petition by sixty residents of Pendergast West Subdivision in support of Centrada was submitted at the Planning Commission hearing. Also, this development is east of and outside the Luke Air Force Base operations area. The proposed development will not impact Luke Air Force Base. The recommendation was to conduct a public hearing, waive reading beyond the titles and adopt a resolution for General Plan Amendment GPA08-03, and adopt an ordinance for rezoning application ZON08-13 subject to the stipulations as recommended by the Planning Commission. Mr. Ed Beasley, City Manager informed the Council that a protest letter previously received has been withdrawn. 22 Councilmember Goulet noted that Council had received a supplement to the design of Montebello Avenue. The supplement states that an alternate improvement could be included on Montebello Avenue, would this effect designed pedestrian and bicycle access. He asked if future design plans would need to be approved by the Planning Commission. Mr. Froke replied that the planning process would be handled administratively and that pedestrian and bicycle access is encouraged throughout Centrada. Mayor Scruggs asked the applicant to come forward and make a presentation. Mr. Nick Wood, applicant's representative, stated that that he believes that zoning was a privilege and not a right. He said that they had been working on this project for over a year. He explained their planning and commitment to all the different parties involved had resulted in coming here tonight with no opposition and a lot of support from the Pendergast Subdivision, CBD 101 and others involved. Mr. Wood explained that the plan was not a typical PAD. He stated that throughout the year, they had worked on creating a plan that reflects all the discussions they had. He noted that they were very proud of the plan that has emerged as a result of their dedication and commitment. He provided specific information on the design plan which included lowering building heights, irrigation ditch, and a barrier wall and landscape buffers. Mayor Scruggs opened the public hearing on Agenda Item No. 15. Ms. Lynne Lagarde, spoke on behalf of Mr. Mike Curley with the CBD 101 project. She conveyed their full support of the project. She indicated that a project of this size was not an easy task and explained how they were connected to this project and property. She stated that Mr. Curley had requested she thank the Pendergast family and their attorney Mr. Wood for his dedication and commitment on this project. She asked that Council approve this request. Mr. Walt Aydlett, a Yucca resident, stated that he was speaking on behalf of the resident's of Pendergast West. He explained how Mr. Wood and his development team reached out to them in a cooperative and responsive manner. He indicated that they were extremely sensitive to their needs and concerns. The plan design includes everything that the neighborhood had requested and more. He added that they understood that their life style was critical to them and worked with them to maintain it. He noted that this project, if approved, will become a benchmark for future developments. Mr. Herb Haley, a Yucca resident, stated that he has lived in the area since 1991 and was extremely excited about the proposed plan. He stated he believes in the vision that has been implemented in the area. He noted that he supported all the new development in the area. 23 Mr. Michael Bidwill, President of the Arizona Cardinals Football Club and President of Bethany Land Partners which own CBD 101, offered his support of the project. He thanked the Pendergast family for working with them on several key issues and concerns. Mayor Scruggs stated that speaker cards were received; however, they no longer wanted to speak. Mr. and Mrs. David Hill, Mr. Richard Craft, Mr. and Mrs. Dave Koehler, Mr. and Mrs. Dale John and Ms. Cynthia Aydlett, all submitted cards in support of this project. Mayor Scruggs closed the public hearing. Resolution No. 4216 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 GPA08-03 FOR PROPERTY LOCATED AT 9191 WEST BETHANY HOME ROAD. It was moved by Clark, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4216 New Series. The motion carried unanimously. Ordinance No. 2664 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 9191 WEST BETHANY HOME ROAD FROM A-1 (AGRICULTURAL DISTRICT) TO PAD (PLANNED AREA DEVELOPMENT DISTRICT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Clark thanked Mr. Wood, Mr. Curley and everyone else involved on this project. She explained that this was a major project that came together to create an energy that will help the entire west area surrounding the Loop 101. Councilmember Goulet thanked Mr. Wood, Mr. Curley and city staff for working on this project. He explained that this was a vision beyond what anyone ever expected. He stated that the partnerships developed on this project were second to none. He noted that other cities and mayors were in awe of what is happening in Glendale. He reported on the remarkable transformation that has occurred in that area. Councilmember Lieberman stated that he could not believe the changes in the attitudes and the excitement that has occurred regarding this development. He had previously worried about the magnitude of this project. He agreed with Councilmember Goulet that Glendale was the most desired place to be in the entire state. 24 Councilmember Frate commented that change was always hard to accept, and the Pendergast family had not only accepted it but welcomed it. He stated that the Pendergast family will leave a great legacy of how they gave back to the community. He thanked everyone who worked on this project. Mayor Scruggs commented on Ms. Lagarde's remarks on the importance of these two major projects in the City of Glendale that must work together so that both could be successful. She congratulated everyone on this exceptional project. She added that these were legacy projects that will live on for generations. She stated that it was good to know that, when they leave office, they've left having been a part of creating a successful future for the City of Glendale. Councilmember Knaack commented how she used to go duck hunting in that area with her father forty years ago. She noted that she would never have dreamed that this vision would occur. She thanked all who were involved in this project for daring to dream. Vice Mayor Martinez also expressed his thanks to everyone who worked on this outstanding project. He especially thanked the planners for their vision on what can be done for the benefit of everyone. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2664 New Series stipulating to amend number 18 of the ordinance to include deferred presentment companies. 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. ORDINANCES 16. SALT RIVER PROJECT EASEMENTS Larry J. Broyles, P.E., City Engineer, presented this item. This is a request for the City Council to adopt an ordinance granting the following easements in favor of Salt River Project (SRP): four easements along the west side of 67th Avenue at Thunderbird Road, Sweetwater Road, Aster Drive, and Corrine Drive; also, an easement at the southwest corner of 61st and Olive Avenues. In 2001, Glendale voters approved intersection improvement projects along 67th Avenue as identified in the Glendale Onboard (GO) Program. As part of these projects SRP irrigation was requested to relocate its facilities. SRP agreed to accommodate the request and requires easements to protect its facilities. 25 The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute the easements in favor of Salt River Project. Ordinance No. 2665 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 FIVE IRRIGATION EASEMENTS IN FAVOR OF SALT RIVER PROJECT ALONG THE WEST SIDE OF 67TH AVENUE AT THUNDERBIRD ROAD, SWEETWATER ROAD, ASTER DRIVE, AND CORRINE DRIVE AND AT 61ST AVENUE & OLIVE AVENUE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Knaack, and seconded by Lieberman, to approve Ordinance No. 2665 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. PUBLIC HEARING — RESOLUTION 17. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (RESOLUTION) (PUBLIC HEARING REQUIRED) Erik Strunk, Community Partnerships Director, presented this item. This was is a request for the City Council to conduct a public hearing and adopt a resolution authorizing the City Manager to apply for $6,184,122 in federal "Neighborhood Stabilization Program" (NSP) funds from the U.S. Department of Housing and Urban Development. If approved, these funds would help with the redevelopment of foreclosed and abandoned homes and assist eligible Glendale residents with new homeownership opportunities. Specifically, the funds would be used to further stabilize Glendale's neighborhoods by: 1. Using approximately $2.4 million to contract with qualified firms to acquire foreclosed and abandoned homes, then complete any needed repairs and re-sell them to eligible individuals. 2. $1.5 million to partner with private and public funders to provide various loans and down payment assistance to eligible families and individuals to assist them with the purchase of a foreclosed or abandoned home. 3. $1.6 million will be used to provide senior or special needs housing via a partnership with qualified firms that will acquire and redevelop foreclosed, underperforming rental properties. 26 4. The program will allow us to use the balance of the funds - $618,411 (10%) for administrative purposes. Any funds not used for this purpose will be rolled back into the program. As these objectives are consistent with the 5-year Consolidated Plan previously adopted by the Mayor and Council, the members of the Community Development Advisory Committee unanimously recommend approval of this application at their October 28, 2008, public meeting. An additional public hearing was conducted on November 6 and a 15-day public commentary period was concluded on November 22. Notification of this item was published twice in the Glendale Star, and the actual draft application has been posted on the City Website for review and comment. To date, we have received no comments. The recommendation was to conduct a conduct a public hearing, waive reading beyond the title and adopt a resolution authorizing the submission of the application by approving the "NSP Substantial Amendment to the Annual Action Plan for FY 2008- 2009." Councilmember Clark asked for clarification on the time frame for implementation of the plan. Mr. Strunk stated that the federal government would like them to roll the funds out to the community as soon as possible. He explained that once submitted and approved, they expect that by late winter or spring to conclude the process and award the monies to qualified firms. Councilmember Clark commented on the foreclosed homes in Glendale. She explained that this allocation would not cover all foreclosures in Glendale. She asked Mr. Strunk to explain who might qualify. Mr. Strunk explained the federal guidelines and stated that under this program the federal government expanded the eligibility range and allows many more individuals to qualify for these homes. Councilmember Lieberman explained that he had attended a session on this subject in Orlando, Florida. He noted that the federal government had put a time limit for applying for the funding. Councilmember Frate thanked Mr. Strunk and his staff for the rapid attention given this item to ensure it passed through quickly. He expressed his gratitude for all the work being done on this item which helps the community. Mayor Scruggs opened the public hearing on Agenda Item No.17. Mr. David Carley, speaking on behalf of the People 4 People Foundation, stated that his organization helps struggling families realize what to do next in these types of situations. He explained that his non-profit organization helps educate people on goal 27 setting, budgeting and credit education. He noted that only throwing money at the problem does not work. Mayor Scruggs closed the public hearing. Resolution No. 4217 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE SUBMISSION OF A NEIGHBORHOOD STABILIZATION PROGRAM (NSP) SUBSTANTIAL AMENDMENT TO THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-09 TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO APPLY FOR $6,184,112 IN NSP FUNDING TO ADDRESS THE EFFECTS OF ABANDONED AND FORECLOSED PROPERTIES IN GLENDALE. Councilmember Goulet expressed his gratitude for the work done by Mr. Strunk and his staff. He indicated that it demonstrates a commitment by the City to see that the older parts of Glendale that need the most help are not over looked. The federal fund application will provide for stabilization and help for foreclosed homes and other eligible properties in the City of Glendale. It was moved by Frate, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4217 New Series. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, and seconded by Frate, to hold a City Council Workshop session at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, December 2, 2008, to be followed by an executive session pursuant to A.R.S. 38-431.03. It was further moved to hold a Special City Council Workshop session on Wednesday, December 3, 2008 at 9:00 a.m. at the Marriott Residence Inn, 7350 North Zanjero Boulevard, to be followed by an executive session pursuant to A.R.S. 38-431-03. The motion carried unanimously. CITIZEN COMMENTS No citizen comments. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark thanked the residents who attended her last district meeting. She wished everyone a Happy Thanksgiving. Councilmember Goulet commented on how they had acquired two new properties in the downtown area for future redevelopment. He wished everyone a 28 Happy Thanksgiving and invited everyone to come enjoy the Light Ceremony for Glendale Glitters this Friday. Councilmember Lieberman stated that they all had much to be thankful for this Thanksgiving. He wished everyone a great Thanksgiving holiday. He also invited everyone to the Glendale Glitters Ceremony this Friday at 6:30 p.m. Vice Mayor Martinez wished everyone a Happy Thanksgiving. Councilmember Frate wished everyone a Happy Thanksgiving. He asked everyone to be very careful while shopping. He related a near drowning incident in a bathtub. He reminded everyone to please watch children around all types of water. Councilmember Knaack wished everyone a Happy Thanksgiving and reminded everyone that it was not too late to donate food to the food banks. She said it was greatly needed. Mayor Scruggs wished everyone a Happy Thanksgiving and also encouraged everyone to donate to the food banks. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. Pamela Hanna - City Clerk 29