Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/25/2008 (3) MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, MARCH 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 six resolutions and five 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 FEBRUARY 26, 2008 CITY COUNCIL MEETINGS It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the February 26, 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. 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 Arts Commission Kultala, Winifred Sahuaro Appointment 3/25/2008 8/23/2008 Citizen's Bicycle Advisory Committee Al-Alawi, Saif—Vice Chair Cholla Appointment 3/25/2008 3/25/2009 Citizens Transportation Oversight Commission Fernandes, John Yucca Appointment 3/25/2008 3/25/2010 Community Development Advisory Committee Hart, Erin — Chair Barrel Appointment 4/26/2008 4/26/2009 Flippen, Chris—Vice Chair Sahuaro Appointment 3/25/2008 9/27/2008 1 Planning Commission Sutliff, Patrick Sahuaro Appointment 3/25/2008 3/25/2010 The recommendation was to make appointments to the boards, commissions and other bodies and administer the Oaths of Office. It was moved by Martinez, and seconded by Lieberman, to appoint Winifred Kultala to the Arts Commission; Saif Al-Alawi to the Citizen's Bicycle Advisory Committee; John Fernandes to the Citizens Transportation Oversight Commission; Erin Hart and Chris Flippen to the Community Development Advisory Committee; and Patrick Sutliff to the Planning Commission, for the terms listed above. The motion carried unanimously. PROCLAMATIONS AND AWARDS PRESENTATION TO TOSTITOS FIESTA BOWL This is a request for the City Council to present plaques to John Junker, Fiesta Bowl President and Chief Executive Officer, and Dick Stemple, outgoing Fiesta Bowl Chairman, in appreciation of all of their hard work in contributing to the success of the 2008 Tostitos Fiesta Bowl college football game in Glendale, Arizona. John Junker and Dick Stemple were present to accept the plaques. In 2007, the Fiesta Bowl began holding its annual BCS-sanctioned college football bowl game in Glendale. The 2008 bowl game, which was held on January 2, 2008, featured the West Virginia Mountaineers and Oklahoma Sooners. The game and related activities held in Glendale this year were overwhelmingly successful. This success was due to the Fiesta Bowl staff and its 2,600-plus volunteers under the exceptional leadership of John Junker and Dick Stemple. In recognition of the outstanding achievements of these two individuals and all that the Fiesta Bowl organization has done to become an active partner with the City of Glendale to further develop the city's premier Sports and Entertainment District, Mayor Elaine Scruggs will present John Junker and Dick Stemple with plaques. The recommendation was to present the plaques to John Junker and Dick Stemple. Mayor Scruggs presented plaques to John Junker, Fiesta Bowl President and Chief Executive Officer, and Dick Stemple, outgoing Fiesta Bowl Chairman, in appreciation of all of their hard work in contributing to the success of the 2008 Tostitos Fiesta Bowl college football game in Glendale, Arizona. 2 Mr. John Junker and Mr. Dick Stemple accepted the plaques and thanked Mayor Scruggs and Council for this great recognition. Mr. Junker commented on the overwhelming success of the events held in Glendale and stated it was a direct result of the leadership shown by the Council, city staff and the people of Glendale. RECOGNITION FOR AD HOC EVENT ADVISORY COMMITTEE This is a request for the Mayor and City Council to recognize the contributions and membership of the Ad Hoc Event Advisory Committee over the last two years. In October of 2005, the Council was presented with a mega events strategic plan related to planning efforts for the opening of Cardinals Stadium, the Fiesta Bowl and BCS championship games, and Super Bowl XLII. Outlined in the plan was a recommendation to appoint a citizen-based Ad Hoc Event Advisory Committee to serve as a sounding board and focus group for city staff as operational plans for these large events were drafted. In February of 2006, the Council adopted the enabling ordinance establishing the committee and appointed 13 members to serve through February 2008. Representation from the business community, Council districts and several existing city boards and commissions were included in the appointment process. Committee members to be recognized for their work include Chair John Stern, Vice Chair Mike Nave, Brian Bates, Walter Chaney, Robert Grimes, Josh Hendricks, John Kolodziej, Dr. Robert McMaster, Victor Mendez, Rosie Miller, Patricia Ryan, and Dr. Richard Sanders. The recommendation was to present members of the Ad Hoc Event Advisory Committee with recognition plaques honoring their two years of service to the City of Glendale. Mayor Scruggs presented members of the Ad Hoc Event Advisory Committee with recognition plaques honoring their two years of service to the City of Glendale. Mr. John Stern, Chairperson, stated it had been a fantastic experience. He thanked the Mayor and City Council for the distinct honor to be able to serve the community. He said the committee had all worked very hard and had been very dedicated to the citizens of Glendale. CONSENT AGENDA Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 11 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 12 and 16 by number and title. Lieberman requested items 12 and 16 be heard separately. 3 1. SPECIAL EVENT LIQUOR LICENSE FOR CITY OF GLENDALE 25TH ANNUAL GIBSON JAZZ AND BLUES FESTIVAL, APRIL 12 & 13, 2008 - 5850 WEST GLENDALE AVENUE This is a request for the City Council to approve a special event liquor license for City of Glendale Office of Special Events. The event will be at 5850 West Glendale Avenue on Saturday, April 12, 2008 from 10:00 a.m. to 10:00 p.m. and Sunday, April 13, 2008 from noon to 8:00 p.m. The purpose of this event is for the 25th Annual Gibson Jazz and Blues Festival. The special event liquor license was submitted by Jerry P. McCoy. If this license is approved, the total days expended by this applicant will be five of the allowed 10 days per year. Under the provisions of Arizona Revised Statutes Sec. 4- 203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. The City of 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 this application to the Arizona Department of Liquor Licenses and Control, with a recommendation of approval. 2. LIQUOR LICENSE NO. 3-1174, SANGRIA LUXE LOUNGE This is a request for the City Council to approve a person-to-person and location transfer of this transferable Series 6 (Bar - All Liquor) license for Sangria Luxe Lounge, located at 19420 North 59th Avenue, Building G, Suite 615. The Arizona State application (number 06070545) was submitted by Randy D. Nations. The 60-day deadline for processing this application was March 14, 2008. A request for extension was submitted to the Department of Liquor Licenses and Control. The location of the establishment will be at 19420 North 59th Avenue, Building G, Suite 615 and is within the Cholla District, zoned C-2 (General Commercial). This establishment is over 300 feet from any school or church. This is a person-to-person transfer and location transfer of this transferable Series 6 liquor license. The population density is 13,912 people per square mile. The approval of this license will increase the total number of liquor licenses in this area by one. The number of liquor licenses within a one-mile radius is 23 as listed below: Series Type Quantity 6 Bar- All Liquor 2 7 Bar -Beer and Wine 1 9 Liquor Store - All Liquor 3 10 Liquor Store - Beer and Wine 1 12 Restaurant- All Liquor 16 Total 23 4 No protests were received during the 20-day posting period. 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. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control, with a recommendation of approval. 3. LIQUOR LICENSE NO. 3-1175, STAR LIQUOR MART This is a request for the City Council to approve a person-to-person transfer, operating with an interim permit for this transferable Series 9 (Liquor Store —All Liquor) license. Star Liquor Mart is located at 5270 North 59th Avenue, Suites 7 - 8. The Arizona State application (number 09070498) was submitted by Vipul H. Patel. The 60-day deadline for processing this application was March 21, 2008. A request for extension was submitted to the Department of Liquor Licenses and Control. The location of the establishment will be at 5270 North 59th Avenue, Suites 7 - 8 and is within the Yucca District, zoned C-2 (General Commercial). This establishment is over 300 feet from any school or church. This Series 9 liquor license is a person-to-person transfer and operating with an interim permit. The population density is 22,288 people per square mile. The approval of this license will not increase the total number of liquor licenses in this area. The number of liquor licenses within a one-mile radius is 21 as listed below: Series Type Quantity 4 Wholesaler 1 6 Bar- All Liquor 5 7 Bar- Beer and Wine 2 9 Liquor Store -All Liquor 2 10 Liquor Store - Beer and Wine 10 12 Restaurant-All Liquor 1 Total 21 No protests were received during the 20-day posting period. 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. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control, with a recommendation of approval. 4. LIQUOR LICENSE NO. 3-1176, PITA JUNGLE ARROWHEAD 5 This is a request for the City Council to approve a new non-transferable Series 12 (Restaurant — All Liquor) license for Pita Jungle Arrowhead, located at 7530 West Bell Road, Suite 106. The Arizona State application (number 12077487) was submitted by Andrew Stephen O'Dell. The 60-day deadline for processing this application was March 23, 2008. A request for extension was submitted to the Department of Liquor Licenses and Control. The location of the establishment is 7530 West Bell Road, Suite 106 and is within the Sahuaro District, zoned C-2 (General Commercial). This is a new non-transferable Series 12 application submitted by Andrew Stephen O'Dell. The population density is 10,837 people per square mile. The approval of this license will increase the total number of liquor licenses in this area by one. The number of liquor licenses within a one-mile radius is 64 as listed below: Series Type Quantity 3 Microbrewery 2 5 Government 1 6 Bar—All Liquor 8 7 Beer and Wine Bar 1 9 Liquor Store—All Liquor 4 10 Liquor Store — Beer and Wine 9 12 Restaurant—All Liquor 39 Total 64 No protests were received during the 20-day posting period. 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. Therefore, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control, with a recommendation of approval. 5. AWARD OF REQUEST FOR PROPOSAL 07-47, SECURITY AND FIRE ALARM SERVICE This is a request for the City Council to award a request for proposal to provide security and fire alarm monitoring, testing, maintenance, repair and installation of new systems at various city facilities. 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. 6 The city has various systems for security alarms, card access, fire alarm signaling systems and CCTV systems at city facilities. Upgrades to existing systems and new facility installations are anticipated. Having all services contracted with one provider benefits the city by consolidating equipment maintenance under one qualified contractor. Three proposals were received to provide the contracted 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. The contractor shall initially work under the direction of the Facilities Management Division to provide routine preventative maintenance of all of the systems herein described. Secondarily, this award will permit the installation of new and the replacement of obsolete alarm signal equipment and CCTV devices on an as needed basis. Staff from Facilities Management, the Police Department and the Utilities Department reviewed the offers that were received. Specific evaluation factors included compliance with specifications, cost, capabilities and experience of the firm and staff and their past experience in providing compatible services. The proposal scored highest by the committee was Access Security Systems International of Arizona. The initial term of the award is for a two year period. The proposal contains an option clause permitting the city to extend this award for four additional years in one-year increments. The majority of the maintenance, and repair services for the previous 8 years have been preformed by Access Security Systems International of Arizona, through an intergovernmental agreement with Maricopa County that was no longer in force as of May 2007. The one time costs associated with this award are available in Fiscal Year 2007- 2008 operating and capital budgets. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $115,588.37 Account Name, Fund, Account and Line item Number: 1000-13450-551200 for $40,000.00 for general maintenance and repair. 1000-81053-551200 for$32,041.22 for the C. A. P. security systems. 2080-77504-551200 for $43,547.15 for alarm system improvements. The recommendation was to award the purchase order for security and fire alarm monitoring, testing, maintenance, repair and installation of new systems to Access Security Systems International, in the amount not to exceed $115,588.37 for Fiscal Year 2007-2008 and $70,000 annually thereafter. 6. PROFESSIONAL SERVICES AGREEMENT - CITY OF GLENDALE PAVEMENT MANAGEMENT SYSTEM 7 This is a request for the City Council to approve a professional services agreement with Infrastructure Management Systems, Inc. to collect pavement data, analyze, and develop a pavement management program for the city. Using the data gathered in development of the pavement management program, an initial list of street overlay candidates will be identified and construction drawings will be developed for the 2008 Arterial Overlay Program. The Council has a strategic goal of providing high level of services to the Citizens of Glendale. Developing a pavement management program will enable the city to effectively plan for current and future pavement preservation projects as well as new street projects which will rebuild street sections. A pavement management system will also enable programming of overlays so that the city can effectively budget for pavement projects, and account for a major infrastructure item. In the past, the city has developed overlay projects using visual methods for determining pavement conditions. To get a better analysis of pavement condition and structure, a pavement management system needs to also include traffic classification surveys to determine traffic impacts, deflection testing to determine surface distress, and obtaining thickness cores for structural analysis of the existing surfaces. This data will then be used to develop the distress models and indexes, pavement performance curves, rehabilitation strategies, unit rates, and budgets that will make up the pavement management program for the city. Each year the Council has approved asphalt overlay projects to preserve the condition of the pavement on arterials, collectors and residential streets. Collecting and analyzing the data on street conditions and structure, and then developing a system of preserving and rebuilding our streets will enable the city to effectively plan, and budget for pavement projects. Funds for this project are available in the current Capital Improvement Budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $487,775 Account Name, Fund, Account and Line Item Number: Arterial Overlay, Account No. 2210-65082-551200 $303,225 Collector/Residential Overlay, Account No. 2210-65081-551200 $184,550 The recommendation was to authorize the City Manager to enter into an agreement with Infrastructure Management Systems, Inc. in an amount not to exceed $487,775 for the City of Glendale Pavement Management System and the 2008 Arterial Overlay Program. 8 7. FINAL PLAT APPLICATION FP06-07: PARADISE ENCLAVE — 6830 WEST PARADISE LANE This is a request by DeMore Development, L.L.C. for City Council to approve the final plat for Paradise Enclave, a PRD (Planned Residential Development) located at 6830 West Paradise Lane. The proposed final plat is consistent with the General Plan Land Use Map designation of 3.5-5 dwelling units per acre and the existing R1-4 PRD (Single Residence, Planned Residential Development) zoning district. The development of this vacant parcel of land adjacent to existing single-family neighborhoods supports the Council goal of creating one community with strong neighborhoods. This proposal also supports the Council goal of a city that is fiscally sound by utilizing existing infrastructure such as water and sewer lines and existing streets. Paradise Enclave is a 21 lot single-family subdivision on 4.75 acres with a density of 4.4 dwelling units per acre. Lot sizes vary from 4,009 square feet to 7,654 square feet with an average lot size of 4,766 square feet. The proposed minimum lot width is 40 feet, and the minimum lot depth is 80 feet. On August 17, 2006, the Planning Commission approved General Plan Amendment GPA05-12, Rezoning application ZON05-22, and Preliminary Plat application PP05-10 for this subdivision. On October 10, 2006, the City Council approved General Plan Amendment GPA05-12 and Rezoning application ZON05-22. The project promotes the development of vacant property and provides housing on an in-fill site that is compatible with the surrounding area. Notification letters were mailed to 116 property owners and interested parties on May 9, 2005. No written responses were received from the mailing. There were four telephone calls to staff and five calls to the applicant. Those who were not in support of the land use change voiced opposition to the subdivision entrance being located on 69th Avenue, the number of lots, and were concerned about an increase in traffic volume and speed. Due to the number and nature of the issues that resulted from the notification letter, the applicant held a neighborhood meeting on June 8, 2005. Of the 116 people who were invited to the neighborhood meeting, 14 property owners and interested parties attended. Issues discussed at the meeting included the location of the subdivision entrance, design of the housing product, and side-yard building setbacks. After discussions with the citizens, the applicant was able to resolve these issues. Both the applicant and city project team determined that access to the subdivision on 69th Avenue is appropriate 9 The recommendation was to approve Final Plat application FP06-07. 8. PROFESSIONAL SERVICES AGREEMENT - ARROWHEAD RANCH WATER RECLAMATION FACILITY IMPROVEMENTS This is a request for City Council to approve a professional services agreement with PCL Inc, for pre-construction services as the Construction Manager at Risk for the Arrowhead Ranch Water Reclamation Facility (ARWRF) Sand Filters and Disinfection System Improvements. This project is consistent with the Council goal of providing high-quality service for Glendale residents by improving the water quality of the effluent produced at the Arrowhead Ranch Water Reclamation Facility (ARWRF). The aging sand filters and ultra violet light disinfection system have experienced high-maintenance costs to keep the treatment plant in compliance with the state permit limits. To reduce future maintenance costs and assure compliance with the state permit limits, both systems need to be replaced with new equipment. Related treatment plant structures will also need to be rehabilitated or updated to ensure the reliability of the wastewater treatment processes. The new equipment will provide continuous treatment of wastewater from the Arrowhead Ranch wastewater collection system. The new equipment will also ensure a constant supply of effluent to Glendale's reclaimed water customers. On October 23, 2007 the City Council approved a professional services agreement with Carollo Engineers for the design and construction administration of the Arrowhead Ranch Water Reclamation Facility (ARWRF) Sand Filters and Disinfection System Improvements. Funding is available in two separate Capital Improvements Plan budgets specific to the Arrowhead Ranch Water Reclamation Facility Improvements. Only one of those two budgets will fund this part of the project expenses. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $147,642 Account Name, Fund, Account and Line Item Number: Arrwhd Wtr Reclam Fac Imps, Account No. 2360-60007-551200 The recommendation was to authorize the City Manager to enter into a professional services agreement with PCL Inc. for pre-construction services as the Construction Manager at Risk for the Arrowhead Ranch Water Reclamation Facility Sand Filters and Disinfection System Improvements project in an amount not to exceed $147,642. 10 9. AWARD OF CONSTRUCTION CONTRACT FOR CATLIN COURT PEDESTRIAN WALKWAYS This is a request for the City Council to award a construction contract to Aread Construction, Inc. for improvements to three pedestrian walkways between 59th and 57th Avenues; Palmaire to Myrtle Avenues. The improvements will include pedestrian walkways with period style lighting, entry enhancements, benching, landscaping and irrigation. This project is supports the Council goal of a vibrant city center by creating attractive pedestrian access in the Downtown area. The initial project phase of undergrounding public utilities is completed. This project was bid in August of 2006 and bids were rejected for being substantially above the Engineer's Estimate for the work. The project was re-bid in May 2007 and then prevailing market conditions resulted in no bids received. The project was re-bid on February 7, 2008, and nine bids were received with Aread Construction, Inc., as the lowest responsible bidder. On December 14, 2004, the Council approved an intergovernmental agreement with the Arizona Department of Transportation to administer the $500,000 grant the city received from the United States Department of Transportation; Transportation Enhancement Program intended to address aesthetic enhancement and pedestrian safety. This project will have a direct impact upon stabilizing this area by creating attractive pedestrian access in alleys that are presently aging. Attractive paving, period lighting and seating areas will be used to enhance interest and participation from the city and region as a whole. All impacted entities in the project area were included from the very beginning of the design process and were kept current through monthly meetings, one-on-one meetings and progress mailings. Funds for this project are available in the Fiscal Year 2007-08 Capital Improvement Program budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X X $800,000 Account Name, Fund, Account and Line Item Number: Catlin Court Alley, Account No. 2210-65040-550800 $300,000 Catlin Court Alley Beautification, Account No. 1840-80008-550800 $500,000 11 The recommendation was to authorize the City Manager to enter into a contract with Aread Construction, Inc. in the amount of $800,000 for construction services consisting of improvements to three pedestrian walkways between 59th and 57th avenues; Palmaire to Myrtle Avenues. 10. AWARD OF CONSTRUCTION CONTRACT FOR 67TH AVENUE, CAMELBACK ROAD TO GLENDALE AVENUE This is a request for the City Council to approve a Guaranteed Maximum Price (GMP) construction contract with Achen-Gardner Engineering, LLC for the construction of street improvements in 67th Avenue, Camelback Road to Glendale Avenue. Two of the strategic goals for the City Council are to provide one community with strong neighborhoods and provide a high quality of service to citizens. This project improves the level of service of a busy transportation corridor, addresses drainage issues, and it enhances the appearance of the surrounding neighborhoods with landscaping and sidewalks. This project is needed to improve and enhance the appearance of the 67th Avenue transportation corridor. The city hired Kirkham Michael Consulting Engineers to provide design services in 2003. The project had been delayed due to scheduling conflicts with the various utility companies and the scope of work was also expanded to include intersection improvements. The design is now complete and Achen-Gardner Engineering, LLC has developed a Guaranteed Maximum Price (GMP) for the construction. On February 12, 2008, the Council approved a construction manager at risk agreement with Achen-Gardner Engineering, LLC to provide design phase services on this project. On October 14, 2003, the Council approved a professional services agreement with Kirkham Michael Consulting Engineers for design for this project. The completion of the project will improve the traffic flow on a busy city arterial, and provide sidewalks, landscaping and underground power lines to improve the streets appearance. Funds for this contract are available in the Fiscal Year 2007-08 and Fiscal Year 2008-09 Capital Improvements Plan Budget. This transaction will require the transfer of $577,000 from 91St Avenue Widening-Camelback, Account No. 2000-68904, and $948,000 from 67th Avenue Cactus to ACDC, Account No 2000-68900-550800 to 67th Avenue Camelback to Grand Avenue, Account No. 2000-68909-550800. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $7,308,855.0 3 12 Account Name, Fund, Account and Line Item Number: Camelback to Grand Ave., Account No. 2000-68909-550800 67th Ave.; FY 07-08 $3,909,800.91 67th Ave. Camelback to Grand Ave., Account No. 2000-68909-550800 FY 08-09 $2,859,854 Street Scallops, Account No. 2210-65060-550800 FY 07-08 $185,200 Dev. Agreements —Signals,Account No. 1600-67803-550800 FY 07-08 $354,000.12 The recommendation was to award the Guaranteed Maximum Price construction contract to Achen-Gardner. Engineering, LLC for an amount not to exceed $7,308,855.03 for construction services and approve the transfer of funds. 11. AWARD OF CONSTRUCTION CONTRACT FOR 67TH AVENUE, OLIVE AVENUE TO THE ARIZONA CANAL DIVERSION CHANNEL This is a request for the City Council to approve a Guaranteed Maximum Price (GMP) construction contract with Sundt Construction for the construction of street and storm drain improvements in 67th Avenue, Olive Avenue to the Arizona Canal Diversion Channel (ACDC). Two of the strategic goals for the City Council are to provide one community with strong neighborhoods and provide a high-quality of service to citizens. This project improves the level of service of a busy transportation corridor, addresses drainage issues, and it enhances the appearance of the surrounding neighborhoods with landscaping and sidewalks. This project is needed to improve the drainage system, street widening, under- grounding of overhead power lines, and replacement of irrigation pipe under city streets. The city is completing this project in conjunction with the Flood Control District of Maricopa County and the City of Peoria. The design is now complete and Sundt Construction has developed a Guaranteed Maximum Price for the construction. On February 12, 2008, Council approved a Construction Manager at Risk agreement with Sundt Construction to provide design phase services on this project. On February 12, 2008, Council approved Amendment No. One to the Intergovernmental Agreement with the Flood Control District of Maricopa County to provide 50% of the funding for the cost of the storm drain. On January 23, 2007, the Council approved Amendment No. One to the professional services agreement with Carter & Burgess, Inc. to increase the scope of services to include design of a storm drain and other street improvements in between the intersections. 13 On April 13, 2004, the Council approved a professional services agreement with Carter& Burgess, Inc. for the design of intersections improvements for 671n Avenue. On September 28, 1999, the Council approved an intergovernmental agreement with the Flood Control District of Maricopa County to approve the cost sharing the design and construction costs associated with this project. The completion of the project will improve the traffic flow on a busy city arterial, collect the storm water when it rains, and provide landscaping and sidewalks to improve the streets appearance. Funds for this contract are available in the Fiscal Year 2007-08 and Fiscal Year 2008-09 Capital Improvement Budget. This transaction will require the transfer of appropriation authority only of $1,650,000 from Fiscal Year 2007-08 Fund 1980 CIP Contingency, Account No. 1980-12006-510200, and fund transfers of $648,000 from Bethany Hm Rd. 91st-83rd., Account No. 1600-67808 and $300,000 from 99th Ave. Maryland-BH-Rd., Account No. 1600-67811, to 67th Ave Cactus to ACDC, Account No. 1600-67813-550800. This will result in a reduction of Fund 1980 contingency appropriation authority for FY 2007-08. This will not result in a reduction in the Fund 1980 fund balance. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $18,128,443.48 Account Name, Fund, Account and Line Item Number: 67th Ave.; Olive to Bell Rd, Account No. 2210-65039-550800 FY 07-08 $800,000 67th Ave.; Olive to Bell Rd, Account No. 2210-65039-550800 FY 08-09 $4,644,540.48 67th Ave.; Cactus to ACDC , Account No. 2000-68900-550800 FY 07-08 $3,460,103 67th Ave.; Cactus to ACDC, Account No. 2000-68900-550800 FY 08-09 $2,100,000 67th Ave. Cactus to ACDC, Account No. 1600-67813-550800 FY 07-08 $2,548,000 67th Ave.; Peoria to ACDC, Account No. 2180-79002-550800 FY 07-08 $2,200,000 67th Ave.; Peoria to ACDC, Account No. 2180-79002-550800 FY 08-09 $2,069,973 Oasis Water Campus, Account No. 2400-61003-550800 FY 07-08 $305,827 The recommendation was to award the Guaranteed Maximum Price construction contract to Sundt Construction for an amount not to exceed $18,128,443.48, and authorize the transfers of$1,650,000 in appropriation authority only from FY 2007-2008 Fund 1980 CIP Contingency, Account No. 1980-12006-510200, the transfer of $648,00 from Bethany Hm Rd. 91st-83rd. Account No. 1600-67808, and the transfer of$300,000 from 99th Ave. Maryland-BH-Rd. Account No. 1600-67811 to 67th Ave Cactus to 67th Cactus to ACDC, Account No. 1600-67813-550800. CONSENT RESOLUTIONS 13. INTERGOVERNMENTAL AGREEMENT WITH CITY OF PHOENIX — RECLAIMED WATER SERVICE TO CAMELBACK RANCH AREA WITHIN PHOENIX 14 This is a request for the City Council to approve an intergovernmental agreement with the City of Phoenix for the City of Glendale to provide reclaimed water to an area of Phoenix known as Camelback Ranch. This intergovernmental agreement meets the Council goals of a community with quality economic development and efficient use of available resources. The area known as Camelback Ranch is an approximate 320-acre portion of the Phoenix Water Service Area located within the boundaries of Phoenix, southwest of the intersection of Bethany Home Road and 107th Avenue. The cities of Glendale and Phoenix agree that development of the Camelback Ranch Property as a mixed-use commercial development, including a Major League Spring Training Facility, is in the best interests of both cities and that utilization of reclaimed water for non-potable demands is desirable. The cities also agree that reclaimed water is an appropriate source of supply to serve turf-related water demands and other non-potable demands on the development. Phoenix does not currently provide reclaimed water service to the area and is unlikely to establish such service in the next 20 years. Glendale will remain the reclaimed water service provider for the development area and will be responsible for the distribution of reclaimed water to customers within the area using water lines owned and maintained by Glendale. In exchange for Glendale's delivery of reclaimed water to customers within the area, Phoenix agrees to provide Glendale an equal volume of replacement water. The services provided through this intergovernmental agreement are intended to be temporary as Phoenix plans to extend service to this area in the future. The costs of providing the reclaimed water will be recovered by the rates charged at the established Glendale reclaimed water rate. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement with the City of Phoenix for the provision of reclaimed water to an area of Phoenix known as Camelback Ranch. Resolution No. 4133 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 BETWEEN THE CITY OF PHOENIX AND THE CITY OF GLENDALE PERTAINING TO RECLAIMED WATER SERVICE TO THE CAMELBACK RANCH AREA WITHIN PHOENIX. 15 14. INTERGOVERNMENTAL AGREEMENT WITH CITY OF PHOENIX — TREATED WATER SERVICE TO CAMELBACK RANCH AREA WITHIN PHOENIX This is a request for City Council to approve an intergovernmental agreement with the City of Phoenix for the provision of the City of Glendale's treated water to an area of Phoenix known as Camelback Ranch. This intergovernmental agreement meets the Council goals of a community with strong neighborhoods, quality economic development and high quality services for citizens. The area known as Camelback Ranch is an approximate 320-acre portion of the Phoenix Water Service Area located within the boundaries of Phoenix, southwest of the intersection of Bethany Home Road and 107th Avenue. Upon approval of this intergovernmental agreement, Glendale will provide wholesale treated potable water to Phoenix for the Camelback Ranch area and Phoenix will provide retail water service. The cities of Glendale and Phoenix agree that development of the Camelback Ranch Property as a mixed-use commercial development, including a Major League Spring Training Facility, is in the best interests of both cities. Although Phoenix has capacity in its water system to serve the area, installation of the water transmission lines cannot be completed in the time needed to meet the desired schedule for the development area. Therefore, Glendale agrees to provide treated water from its system to a Phoenix "Point of Delivery", and Phoenix will provide retail water service to customers in the area using water lines owned and maintained by Phoenix. Phoenix will pay to install the infrastructure to take the water from Glendale on a temporary basis. The treated water service provided by Glendale through this intergovernmental agreement is intended to be temporary as Phoenix expects to extend service to this are in the future. Glendale will provide treated water to Phoenix at Glendale's current rate until Phoenix has installed infrastructure capable of supplying its customers with adequate demands. This agreement is a financial benefit to the city's Utilities Department. In this agreement, Glendale recovers the water resources from Phoenix without cost. In addition, Glendale recovers all treated water costs by charging Phoenix the established Glendale treated water rate. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement with the City of Phoenix for the provision of treated water to an area of Phoenix known as Camelback Ranch. Resolution No. 4134 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 16 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PHOENIX AND THE CITY OF GLENDALE PERTAINING TO TREATED WATER SERVICE TO THE CAMELBACK RANCH AREA WITHIN PHOENIX. 15. 2008-2009 COUNCIL STRATEGIC GOALS AND KEY OBJECTIVES This is a request for the City Council to adopt its strategic goals and key objectives as discussed and developed at the November 26, 2007 Goal Review and Strategic Planning Retreat. The Council develops a broad, common vision for the future of Glendale and sets goals and objectives to provide staff direction and focus for the immediate future. City services, both on-going and those to be implemented, will reflect Council's strategic goals and key objectives. On November 26, 2007, the Council participated in a Goal Review and Strategic Planning Retreat at which they conducted both a review of the current strategic goals and objectives adopted by Council on February 27, 2007 and a discussion on the city's future. This review and discussion provided the general direction and foundation for developing the proposed strategic goals and objectives to be adopted by Council. On November 26, 2007, the Council participated in a Goal Review and Strategic Planning Retreat at which they conducted both a review of the current strategic goals and objectives adopted by Council on February 27, 2007 and a discussion on the city's future. On February 27, 2007, the Council adopted the strategic goals and key objectives for Fiscal Year 2007-2008. A direct benefit of the Council's goal setting is to provide the community with clarity as to the city government's direction for the next 12 to 18 months. The seven strategic goals re-emphasize the Council's long-standing commitment to provide a safe environment and the highest quality of services in the most fiscally prudent manner for Glendale's neighborhoods, businesses and Luke Air Force Base. Public awareness of the adopted Council Strategic Goals and Key Objectives document is promoted through the publication on the city's website and in its key financial documents such as the budget book. When the Council conducts business at its meetings or is presented with information at workshops, staff provides written information that informs the Council and the public on the relativity of the information to the Council's adopted strategic goals and key objectives. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the Fiscal Year 2008-2009 Council Strategic Goals and Key Objectives of the Glendale City Council. 17 Resolution No. 4135 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 STRATEGIC GOALS AND KEY OBJECTIVES OF THE GLENDALE CITY COUNCIL. It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 11, and 13 through 15 including the approval and adoption of Resolution No. 4133 New Series, Resolution No. 4134 New Series, and Resolution No. 4135 New Series; and to forward Special Event Liquor License Application for the City of Glendale 25th Annual Gibson Jazz and Blues Festival to be held at 5850 West Glendale Avenue on April 12 and 13, 2008, and Liquor License Application No. 3-1174 for Sangria Luxe Lounge, Liquor License Application No. 1175 for Star Liquor Mart, and Liquor License Application 3-1176 for Pita Jungle Arrowhead to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. Councilmember Clark commented on Consent agenda item #3, Liquor License No. 3-1175, Star Liquor Mart. She stated that she was still not convinced that having two liquor stores next to each other was a requirement out of any need or convenience. She noted that if it were possible, she would vote against this item because she believes it is not needed or necessarily wanted by the community. However, this license was a person to person transfer and very rarely does the state liquor board deny such a transfer. She added there were already 21 stores that sold liquor within a mile radius of this location. 12. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA FOR STREET IMPROVEMENTS IN 67TH AVENUE, OLIVE AVENUE TO ARIZONA CANAL DIVERSION CHANNEL Mr. Larry Broyles, P.E., City Engineer, presented this item. This is a request for the City Council to approve an Intergovernmental Agreement (IGA) with the City of Peoria for the construction management, and construction of street improvements in 67th Avenue, between Olive Avenue and the Arizona Canal Diversion Channel (ACDC). Two of the strategic goals for the City Council are to provide one community with strong neighborhoods and provide a high quality of service to citizens. This project improves the level of service of a busy transportation corridor, addresses drainage issues, and it enhances the appearance of the adjoining neighborhoods. This project will improve a section of 67th Avenue which borders the cities of Glendale and Peoria from Olive Avenue north along 67th Avenue to the ACDC. The city of Peoria desires to upgrade its sidewalks, landscaping, and street lighting along 67t Avenue within its city limits. The city of Glendale will complete the construction in 18 conjunction with the street and storm drain improvements being constructed in the area and Peoria will reimburse Glendale for the cost of the construction. This IGA will provide additional funds for the construction of this project which will improve the transportation capacity of 67th Avenue and upgrade street appurtenances. This project improves the level of service of a busy transportation corridor, and it enhances the appearance of the adjoining neighborhoods. The estimated total construction and construction administration cost for the Peoria's portion of the project is $2,500,000. Per the IGA the city of Peoria, upon approval of the IGA will remit a payment to the city of Glendale in the amount of $2,500,000 to be deposited into 67th Ave. Cactus to ACDC, Account No. 2000-68900- 455800. This transaction will require the transfer of appropriation authority only of $2,500,000 from Fiscal Year 2007-08 General Fund Contingency, Account No. 01- 2450-7000, to 67th Ave. Cactus to ACDC, Account No. 2000-68900-550800. This will result in a reduction of general fund contingency appropriation authority for Fiscal Year 2007-08. This will not result in a reduction in the general fund balance. 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 city of Peoria for the construction management and construction of a storm drain in 67th Avenue, between Olive Avenue and the Arizona Canal Diversion Channel. Councilmember Lieberman stated that the City of Glendale was paying over $7.3 million in improvements, however, asked if half the street didn't belong to the City of Peoria. Mr. Broyles responded no, it was Glendale's. Councilmember Frate commented that he had met with Councilmember Joan Evens from the City of Peoria. He said she was very much looking forward to this project moving forward and had been very gracious at their meeting. Resolution No. 4132 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 PEORIA FOR A STORM DRAIN IN 67TH AVENUE,BETWEEN OLIVE AVENUE AND THE ARIZONA CANAL DIVERSION CHANNEL (ACDC). It was moved by Lieberman and seconded by Frate to approve Resolution 4132 New Series, authorizing and entering into an intergovernmental agreement with the City of Peoria for a storm drain on 67th Avenue, between Olive Avenue and the Arizona Canal Diversion Channel (ACDC). The motion carried unanimously. 19 16. RESOLUTION IN SUPPORT OF REGIONAL BID FOR 2012 OR 2013 SUPER BOWL Ms. Cathy Gorham, Director of City Manager Relations, presented this item. This is a request for the City Council to approve a resolution as requested by the Arizona Super Bowl Host Committee to support their regional bid proposal to the National Football League to host the 2012 or 2013 Super Bowl at the University of Phoenix Stadium in Glendale, Arizona. The resolution identifies the importance of this event to Glendale, the Valley and the State of Arizona. The resolution assures governmental, quasi-governmental and private partnership in organizing, financing, promoting, accommodating, staging and conducting a Super Bowl game and its related official events and activities. The resolution supports the bid to host the 2012 or the 2013 Super Bowl at the University of Phoenix Stadium in Glendale, Arizona. Upon designation of Glendale as the site for Super Bowl XLVI or XLVII, the resolution states the city will make every reasonable effort to work with the Host Committee and other participating agencies to assure that the required governmental resources are available and utilized without cost to the NFL or the participating teams. At the March 4, 2008 Council Workshop, staff was provided direction from the Council to prepare a response to the 2012 and 2013 Super Bowl bid document and to bring forward a resolution for consideration at the March 25, 2008 Council meeting. On March 27, 2007, the Council approved resolutions in support of the Arizona Super Bowl Host Committee's bid to host the Super Bowl in 2011. On February 25, 2003, the Council approved resolutions in support of the Arizona Super Bowl Host Committee's bid to host the Super Bowl in 2008. Hosting an event the magnitude of the Super Bowl brings great prestige and promotion to Arizona, the Valley and Glendale. The recommendation was to waive reading beyond the title and adopt a resolution in support of the bid to host the 2012 or 2013 Super Bowl at the University of Phoenix Stadium in Glendale, Arizona. Councilmember Lieberman stated he had some comments in regards to this item. He read from the contract which stated that resources deemed necessary by the NFL and provided by the city would be at no cost to the NFL or the teams participating. He continued reading from the contact which stated that Glendale must find opportunities to generate revenue as a means to offset its commitment to host a Super Bowl. He explained it was very hard to do when ticket sales go to the Arizona Sports and Tourist Authority. He stated he was concerned this Super Bowl will probably cost 20 the city double what it cost last year because of inflation and the predicted recession. He said it was estimated the city would have to raise five or six million for the next Super Bowl and he does not know if the city could do that in the next four years. He reported that the hosting team receives 5% of net revenue and the winning team receives 171/2 %. He said in contrast, if the city discounts 1% for public services, the city collects only 1.2%. He explained several facts that reflected the city's difficulty in obtaining a fraction of the revenue collected by the NFL, even though the city takes great expense in hosting this event. He stated he does not see this as a very good deal even if this event will bring Glendale international recognition, because he does not see how this would help provide the average Glendale resident with services close to the amount being spent on hosting the Super Bowl. He added he did not want to be put in a position in having to cut the city's budget for funding citizen's projects just to put away for this event. He reported that in today's budget meeting, a surplus of $84,000 was reported for this year and if it were to happen yearly would not come close to generating the required funding for hosting the Super Bowl. He said for all these reasons, he will not be voting for this project. Councilmember Clark stated that she has been on record in stating that she would not support the Super Bowl if it meant it would be supported on the backs of Glendale residents. However, her position has changed because of the NFL's bid specifications and how it was written changed. She said it was written in such a way that the responsibility for much of the cost the city has previously incurred will be incurred by the host committee, not the host city. She provided an example of how this bid was different from the last in regard to public safety. She said any public service agency that participates in providing public safety for the Super Bowl has the ability to negotiate with the host committee for payment or to write it off. She would not recommend the city write off the expense, but expects to be reimbursed. She stated another change was Glendale's response to the NFL's request to waive the public and transportation safety taxes. She said she believes that legally those taxes cannot be waived. She also noted that the host committee should recognize Glendale played a very large role in the success of the Super Bowl and merits a place at the host committee executive board. She stated that with those two provisions having been altered, she supports the Super Bowl bid and asked the host committee to make Glendale an equal partner in the process by serving on the host committee's executive board. Vice Mayor Martinez stated his agreement with Councilmember Clark's comments. He said he also had had great concerns with the public sales tax being waived; however, it looked as if they would be able to avoid that provision because of the ordinance attached to it. He discussed the great success of this past Super Bowl and the many benefits associated with it such as the million dollars to the Boys and Girls Club. He explained that a few citizens had opposed hosting this event, however, much more were in favor of it. He said he felt confident with the new provisions stated in the bid and that the city would be able to collect the funds needed for this event. He stated for all these reasons, he will support the Super Bowl bid. 21 Councilmember Goulet stated it was hard to quantify the benefits of this year's Super Bowl when it only happened six weeks ago. He said the benefits derived from this worldwide event will be benefiting Glendale for many years to come. He explained that the numbers were still coming in and they were nowhere near to calculating the success of the Super Bowl and what it brought to the city. He related stories of people from other states congratulating him on what the City of Glendale was able to accomplish. He acknowledged the work done by city staff and management. He explained the challenge was for the host committee as well as for the city to eliminate any financial difficulties to the community. He said the city had done a wonderful job in continuing to provide the same level of services to the community while also attending to all the preparations for the event. He stated his support for another Super Bowl bid and believes it was good for the community and looks forward to history indicating Glendale was a city that opened its doors to an opportunity benefiting its community. Resolution No. 4136 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, IN SUPPORT OF THE BID TO HOST SUPER BOWL XLVI IN 2012 OR SUPER BOWL XLVII IN 2013 AT THE UNIVERSITY OF PHOENIX STADIUM IN GLENDALE, ARIZONA; PROVIDING AGENCY ASSURANCES IN SUPPORT OF SAID BID FOR AIRPORT ACTIVITY, FLIGHT RESTRICTIONS, AND PUBLIC SAFETY. It was moved by Clark and seconded by Frate to adopt Resolution 4136 New Series in support of the bid to host the 2012 or 2013 Super Bowl as the University of Phoenix Stadium in Glendale, Arizona. Ayes - Clark, Goulet, Martinez, Frate, Knaack and Scruggs. Nays - Lieberman. The motion carried. PUBLIC HEARING — LAND DEVELOPMENT ACTIONS 17. PROPOSED ANNEXATION AN-174: KALAMATA — 7041 WEST OLIVE AVENUE (PUBLIC HEARING REQUIRED) Mr. Thomas Ritz, AICP, Senior Planner, presented this item. This is a request by Montalbano Homes for the City Council to conduct a public hearing on the blank annexation petition for Annexation Area AN-174 as required by state statute. The approximately 3 acre parcel is located along the 71st Avenue alignment south of Olive Avenue. Glendale 2025, the city's General Plan, includes specific goals addressing the need for growth management. Annexation is a tool that can be used by the city to direct and manage growth. The proposed annexation is consistent with the council goal of one community with strong neighborhoods. This annexation is a narrow strip, 105 feet wide and one-quarter mile long. It includes an area between the existing city limits of Glendale and Peoria, and leaves no 22 unincorporated area between the two cities at this location. The approximately three- acre property is currently vacant, with the western portion used as a farm field access road. The applicant has proposed that this annexation be used primarily for road right- of-way for the new 71st Avenue, with a 25-foot wide strip being retained by the applicant for use as a landscaped setback for the development. All buildings proposed within the Kalamata subdivision will be built on land that is currently in the City of Glendale. The proposed annexation will ensure that development is in conformance with the General Plan and is developed to city standards. This site will also receive city services, including police, fire, water, and sewer services if annexed. 71St Avenue will be built to city standards and is intended to be dedicated for use as a city street. The property is currently zoned R-43 (Rural Residential) in Maricopa County. Once annexed to the city, Glendale applies the most compatible zoning to the property. The most compatible Glendale zoning district is A-1 (Agriculture). In keeping with Council direction and the applicant's desires, a filed General Plan Amendment request and rezoning request will be considered concurrently with the annexation. The blank annexation petition was recorded on February 28, 2008. This public hearing is being conducted during the last 10 days of the 30-day waiting period required by state statute. Recording the blank annexation petition is the first formal step taken in the annexation process. The next step is to hold a public hearing on the blank annexation petition. Once the public hearing has been conducted and the 30-day waiting period expires, the appropriate signatures may be gathered. Once the required number of property owner signatures requesting annexation is obtained, the Council will be asked to consider the adoption on an annexation ordinance. The Planning Commission recommended approval of the General Plan Amendment and rezoning at its March 6, 2008 Planning Commission meeting. The proposed annexation will permit the construction of 71st Avenue according to city development standards in this location. The new 71st Avenue will provide access for the proposed Kalamata development. 71st Avenue currently exists north of Olive Avenue, and a traffic signal serves this intersection. 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. The recommendation was to conduct a public hearing on the blank annexation petition for Annexation Area AN-174 as required by state statute. Mayor Scruggs opened the public hearing on Agenda Item No. 17. As there were no comments, Mayor Scruggs closed the public hearing. 23 No action was taken on this item. 18. REZONING APPLICATION ZON07-22 (ORDINANCE): SUNRISE SENIOR LIVING —21432 NORTH 75TH AVENUE (PUBLIC HEARING REQUIRED) Ms. Tabitha Perry,Interim Principal Planner, presented this item. This is a request by Earl, Curley, and Lagarde P.C., representing Sunrise Senior Living, Inc., for the City Council to approve a rezoning request from C-0 (Commercial Office) to PAD (Planned Area Development) zoning district. The proposed rezoning is consistent with the General Plan objective of development which is generally quiet with low to moderate traffic volume. The proposed rezoning promotes quality housing for residents needing an assisted living environment. This is consistent with the General Plan goals of creating diverse and safe neighborhoods. The seven-acre site is located at the northwest corner of 75th Avenue and Aurora Drive. The owner intends to construct a senior assisted living community consisting of 82 dwelling units. The development will include two buildings and related site improvements, such as parking and landscaping, associated with the development of the site. The Planning Commission recommended approval of ZON07-22 at a public hearing held on February 7, 2008. The requested rezoning is compatible with the General Plan classification of OFC (Office). Approval of this request will provide a zoning district that is compatible with the surrounding area. A public notice for the City Council public hearing was published in The Glendale Star on March 6, 2008, and the property was posted on March 7, 2008. Postcards were mailed to 332 adjacent property owners and interested parties on March 7, 2008. One individual spoke in support of the request at the Planning Commission public hearing held on February 7, 2008. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance for rezoning application ZON07-22, subject to the stipulations as recommended by the Planning Commission. Mayor Scruggs asked for the applicant or applicant's representative to come forward and make a presentation. 24 Mr. Roger Green, Development Director for Sunrise Senior Living, stated he was very excited to be able to bring forth a new senior facility to the City of Glendale. He explained the benefits the facility provides. He said they currently manage 457 properties across the United States, United Kingdom and Canada with five properties in Arizona. He stated that Sunrise agrees with staffs recommendations and stipulations. Ms. Lynn Lagarde, attorney for Sunrise, stated this was a simple rezoning request to allow Sunrise this use. She said they had the support of staff and the Planning Commission. She explained that Sunrise had also made some changes to accommodate citizen input. She asked for Council's support on this item. Mayor Scruggs opened the public hearing on Agenda Item No. 18. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2624 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 21432 NORTH 75TH AVENUE FROM C-O (COMMERCIAL OFFICE) TO PAD (PLANNED AREA DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2624 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 19. REZONING APPLICATION ZON07-29 (ORDINANCE): FOOTHILLS PUBLIC LIBRARY AND FOOTHILLS PARK - 5600 WEST UNION HILLS DRIVE (PUBLIC HEARING REQUIRED) Ms. Maryann Pickering, AICP, Interim Zoning Administrator, presented this item. This is a request for the City Council to approve a Planning Commission initiated rezoning of city owned land from A-1 (Agricultural), BP (Business Park), PAD (Planned Area of Development) to SR-30 (Suburban Residence). Approval of this zoning change would result in a zoning district that most closely matches the underlying land use and intent of the General Plan. The rezoning of this property also supports the Council goal of creating one community with strong neighborhoods. The 65.2 acre site is located north of Union Hills Drive between 57th and 59th Avenues. The city of Glendale owns and operates the Foothills public library, Foothills public park, and the drainage channel located to the east. 25 This rezoning case was initiated by the Planning Commission on December 6, 2007 and was recommended for approval on February 7, 2008. This action will ensure the preservation of these properties current uses as city public library and Public Park by strengthening the relationship between the Zoning Map and the General Plan. The Planning Department mailed 76 notification letters dated December 11, 2007 to adjacent property and interested parties. Staff received no comments during the Citizen Participation process. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance for rezoning application ZON07-29 as recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 19. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2625 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 5600 WEST UNION HILLS DRIVE FROM A-1 (AGRICULTURAL), BP (BUSINESS PARK), AND PAD (PLANNED AREA DEVELOPMENT) TO SR-30 (SUBURBAN RESIDENCE); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2625 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 20. REZONING APPLICATION ZON07-30 (ORDINANCE): FOOTHILLS PUBLIC SAFETY FACILITY - 6255 WEST UNION HILLS DRIVE (PUBLIC HEARING REQUIRED) Ms. Maryann Pickering, AICP, Interim Zoning Administrator, presented this item. This is a request for the City Council to approve a Planning Commission initiated rezoning of city owned land from A-1 (Agricultural) to SR-12 PRD (Suburban Residence, Planned Residential Development) zoning district. Approval of this zoning change would result in a zoning district that most closely matches the underlying land use and intent of the General Plan. The rezoning of this property also supports the Council goal of creating one community with strong neighborhoods. 26 The 10.4 acre site is located at the southeast corner of 63rd Avenue and Union Hills Drive. The City of Glendale owns and operates the Foothills Public Safety Facility. This rezoning case was initiated by the Planning Commission on December 6, 2007 and was recommended for approval on February 7, 2008. This action will ensure the preservation of this property's current use as a city public safety facility and fire station by strengthening the relationship between the Zoning Map and the General Plan. The Planning Department mailed 79 notification letters dated December 11, 2007 to adjacent property owners and interested parties. Staff received no comments during the Citizen Participation process. The recommendation was to conduct a public hearing, waive reading beyond the title, and adopt an ordinance for rezoning application ZON07-30 as recommended by the Planning Commission. Mayor Scruggs opened the public hearing on Agenda Item No. 20. As there were no comments, Mayor Scruggs closed the public hearing. Ordinance No. 2626 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 6255 WEST UNION HILLS DRIVE FROM A-1 (AGRICULTURAL) TO SR-12 PRD (SUBURBAN RESIDENCE, PLANNED RESIDENTIAL DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Frate, and seconded by Clark, to approve Ordinance No. 2626 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. ORDINANCES 21. FUGITIVE DUST ORDINANCE Mr. Doug Kukino, Environmental Resources Director, presented this item. This is a request for the City Council to amend and adopt the ordinance that regulates fugitive dust particulate matter that contributes to air pollution. The ordinance is required to comply with a recently adopted State air quality law. This ordinance addresses the Council's goal of having a city with high-quality services for citizens. The adoption of this ordinance will help to make the air cleaner for our community. 27 The Phoenix metropolitan area continues to violate the federal air quality standard for coarse particulate matter (PM-10). PM-10 includes dust, soot, and other particulate matter 10 microns in diameter or less. As a result, the Maricopa Association of Governments (MAG) prepared and submitted a new and more stringent regional air quality plan to the U.S. Environmental Protection Agency (EPA) in December 31, 2007. MAG, of which Glendale is a member, is the designated lead air quality planning agency for the Phoenix area. Failure to submit an acceptable plan or failure to meet the air quality standard could result in federal sanctions. These sanctions include the withholding of billions of dollars in federal highway funds and the imposition of a federal air quality plan prepared by the EPA. Glendale relies on federal highway funds to help pay for street improvements. In order to ensure full implementation of the regional air quality plan, the Governor and the State Legislature passed a new air quality law requiring Maricopa County, and cities and towns within the Ton-attainment area to adopt a fugitive dust ordinance that addresses specific emission sources, including off-road vehicle use, vehicle use on vacant land, existing unpaved parking areas and related ingress and egress areas, and leaf-blowers. State law requires that the fugitive dust ordinance be adopted by Maricopa County and the cities located in the Phoenix area no later than March 31, 2008. Staff from the City Attorney's Office, Code Compliance, Police Department, Intergovernmental Office, and Environmental Resources worked together on developing the ordinance. The ordinance closely follows the specific requirements set forth in state law. The City Council adopted a resolution that contained Glendale's commitments to implement air quality control measures in the regional PM-10 Plan on June 12, 2007. The resolution included measures to restrict vehicular use and parking on vacant lots, pave or stabilize existing unpaved parking lots, reduce off-road vehicle use, and enforce trespassing laws and ordinances. Over the years, Glendale, in coordination with the Maricopa Association of Governments has prepared and submitted several air quality plans to the EPA. The ordinance will help to improve air quality. Air quality is a public health concern for all communities. The people most affected by air quality conditions are children, the elderly, and those with respiratory and cardiovascular conditions. The State Legislature used a stakeholder process to develop the new PM-10 air quality law. The stakeholder meetings were held in April through June 2007 and were 28 open to the public. Glendale's representative in the stakeholder process was Doug Kukino, Environmental Resources Director. The Code Compliance Department and Police Department are prepared to implement and enforce the ordinance. No additional funding is being requested or is needed to fully implement the ordinance. The recommendation was to waive reading beyond the title and adopt the Fugitive Dust Ordinance. Councilmember Clark asked for clarification on when this process would come into effect. She stated it typically took 30 to 90 days to implement this process. Mr. Kukino referred the question to Mr. Tindall, city attorney. Mr. Tindall stated that an emergency clause was in effect for this ordinance; therefore it would come into effect on March 31, 2008. Councilmember Frate asked for clarification as to whether a landscaper or resident would no longer be allowed to blow debris into the street after this passes. He asked if there would be an educational component in making the community aware of this change. Mr. Kukino stated yes, there will be an education component to the implementation of this ordinance. Ordinance No. 2627 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, BY DELETING GLENDALE CITY CODE, CHAPTER 24, ARTICLE XIII, SEC. 24-173 ENTITLED, "OPERATION OF VEHICLES ON VACANT LOTS"; ADDING A NEW ARTICLE IX IN GLENDALE CITY CODE CHAPTER 25 ENTITLED, "FUGITIVE DUST"; PROVIDING FOR PENALTIES FOR VIOLATIONS; SETTING FORTH EFFECTIVE DATES; AND DECLARING AN EMERGENCY. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2627 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 22. DEEDS AND EASEMENTS ORDINANCE Mr. Craig Tindall, City Attorney, presented this item. This is a request for the City Council to formally accept real estate properties on behalf of the City of Glendale. The Deeds and Easements Ordinance is comprised of properties that have been deeded to the City. The deeds have all been recorded with Maricopa County. As a matter of practice, the Council formally accepts these properties by ordinance. 29 The recommendation was to waive reading beyond the title and adopt an ordinance formally accepting the real estate properties on behalf of the City of Glendale. Ordinance No. 2628 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY CONVEYED TO THE CITY OF GLENDALE. It was moved by Knaack, and seconded by Frate, to approve Ordinance No. 2628 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. PUBLIC HEARING — RESOLUTIONS 23. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR FY 2008-09 (PUBLIC HEARING REQUIRED) Mr. Gilbert Lopez, Revitalization Administrator, presented this item. This is a request for the City Council to conduct a public hearing and authorize submission of the Annual Action Plan for Fiscal Year 2008-09 to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan outlines all proposed Fiscal Year 2008-09 funding recommendations for Federal HUD funding. In 2005, the City Council adopted the 2005-2009 Five-Year Consolidated Plan, which prioritizes how Glendale will invest its Federal HUD funding to meet community needs. As adopted, these priorities consist of housing rehabilitation programs; programs that benefit seniors and youth; programs that prevent homelessness; programs addressing social needs; programs related to quality of life issues; clearance and demolition of blighted conditions; and programs or projects that help revitalization efforts throughout Glendale, with an emphasis in the redevelopment area. In total, the city received 43 funding applications. Each of the applicants gave a formal presentation to the Community Development Advisory Committee (CDAC), which then voted to forward its recommendations to the Mayor and City Council. These recommendations were presented to the Mayor and Council at their February 19, 2008 Workshop study session. The following is a synopsis of each funding category for Fiscal Year 2008-09: • Community Development Block Grants (CDBG) — The city will receive $2,201,030 of CDBG funds for activities that benefit low-and moderate income persons; aid in the elimination of slum and blight; and/or address an urgent community need. An additional $309,321 of program income and unspent CDBG funds from activities completed or cancelled in prior years has 30 been allocated to fund physical improvements. Examples of how these funds will assist our community include the St. Mary's/Westside Food Bank Alliance for home food delivery; new playground equipment for the Boys & Girls Club; and congregate meals funding for the YWCA. • HOME Investment Partnerships (HOME) — The city will receive $651,624 of HOME funds from the Maricopa County HOME Consortium. These funds are used for activities that will improve the supply of decent, safe, sanitary and affordable housing, such the development of new infill housing constructed by Habitat for Humanity, Valley of the Sun, and the rehabilitation program for low-and-moderate income owner-occupied households in Glendale. • American Dream Downpavment Initiative (ADDI) — The city will receive $7,217 in ADDI funds from the Maricopa County HOME Consortium. These funds are used for programs that increase homeownership among low-to- moderate income first-time homebuyers. • Emergency Shelter Grants ESG — The city will receive $97,881 in ESG funds to provide assistance to families in danger of eviction or foreclosure by funding existing, successful programs that prevent homelessness. The funds will also be used to help operate existing shelters such as the West Valley Child Crisis Center, which provides shelter to abused/abandoned children. The Community Development Advisory Committee Chair, Barbara Garland, presented the proposed Annual Action Plan funding recommendations to the Mayor and City Council at the February 19, 2008 workshop. Since 1977, Glendale has received approximately $49 million in CDBG funds to assist thousands of Glendale homeowners and individuals with services that provide safe, decent housing, and improve their living conditions. Since 1992, Glendale has received $8,405,437 in HOME/ADDI program fund allocations that have been used for the construction of many new single-family homes, the preservation of existing homes, and first-time homeowner down payment assistance. The city has also received $293,933 (since 2004) in ESG funding to assist with homelessness. The Fiscal Year 2008-09 funding recommendations were developed after extensive public notification (August — September 2007), an orientation session for interested applicants (September 2007), and five CDAC public hearings and public meetings conducted in January of 2008. On February 14 and 21, 2008, a notice announcing the dates of the 30-day Fiscal Year 2008-09 Annual Action Plan Review and Comment Period to run from February 22 through March 24, 2008, and notice of the final Public Hearing scheduled for March 25, 2008, was published in The Glendale Star. 31 The CDBG, HOME, ADDI, and ESG programs are federally funded. The CDBG program does not have a match requirement. The HOME program does require a 25% match from non-federal funds and the ESG program requires a 100% match. An annual match allocation of$25,000 is provided in the General Fund budget as a supplement towards the required 25% match requirement for HOME projects administered by the city. The total match needed for the city's projects could exceed $152,716, depending on the projects. Even so, no additional general funds are necessary as the additional match needed will be provided by match carryover and other eligible in-kind resources such as donated materials or volunteer hours. Outside agencies that apply for HOME funds are required to provide a portion of their own matching funds. The ESG funding will be allocated to outside agencies. Agencies that receive these funds are required to provide a 100% in matching funds. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total CDBG X $2,201,03 0 HOME X $651,624 ADDI X $7,217 ESG X $97,881 Account Name, Fund, Account and Line Item Number: Community Development Block Grant Fund 1320 HOME Investment Partnerships Program Fund 1300 American Dream Downpayment Initiative Fund 1300 Emergency Shelter Grants Program Fund 1830 General Fund Fund 1000 The recommendation was to conduct a public hearing, waive reading beyond the title and adopt a resolution authorizing the approval of the Annual Action Plan for Fiscal Year 2008-09 at the fund levels allocated by the U.S. Department of Housing and Urban Development (HUD), and its submission to HUD. Councilmember Clark commented that the Community Development Block process was long, arduous and requires a great deal of homework. She said the Mayor and Council were very grateful for the work done by this community on an annual basis. She thanked the committee for all their hard work on this item. Councilmember Lieberman stated he had been on the board of directors for this cause, however, had resigned a week ago; therefore there was no conflict of interest on his part in voting on this item. Councilmember Clark voiced a concern that the resolution numbers were out of sequence. Mayor Scruggs asked Mr. Tindall if there was a problem moving forward with 32 the meeting. Mr. Tindall stated that the important part as far as the public was concerned, was the reading of the titles. He said it was sufficient for the hearing to move forward. He stated the resolution numbers were only an internal tracking system for the city. Resolution No. 4137 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 SUBMISSION OF THE FISCAL YEAR 2008-09 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND ACCEPTING (1) A COMMUNITY DEVELOPMENT BLOCK GRANT IN AN AMOUNT OF $2,201,030; (2) A HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION IN AN AMOUNT OF $651,624; (3) AN AMERICAN DREAM DOWNPAYMENT INITIATIVE FUNDING IN AN AMOUNT OF $7,217; AND (4) EMERGENCY SHELTER GRANTS FUNDING IN THE AMOUNT OF $97,881. Mayor Scruggs opened the public hearing on Agenda Item No. 23. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Lieberman, to pass, adopt and approve Resolution No. 4137 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 Budget Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, April 1, 2008, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark discussed a ribbon cutting ceremony for the new park-n- ride located on the northeast corner of 99th and Glendale Avenue. She said its capacity was 338 shaded spaces with restrooms and security. She invited citizens to take advantage of this wonderful facility. She thanked staff for all their involvement and hard work on this project. Councilmember Lieberman reported on the meeting with the National League of Cities in Washington. He said four Council members had attended the meeting and had the privilege to talk to many of the Congressmen as well as some Senators about issues regarding the City of Glendale. Councilmember Frate stated he always liked to remind the public about children around water; however, recently he was alerted to a growing problem of children riding in vehicles unrestrained. He said this practice was very dangerous because children 33 became missiles in an accident. He asked the citizens to please take the time to restrain their children to save a life and because it was also the law. Councilmember Knaack thanked the Parks and Recreation Department for the wonderful event held at Sahuaro Ranch Park last weekend. She said the staff handled everything superbly and the event was very well organized. Mayor Scruggs invited the public to her tenth community conversation being held this Saturday, March 29, 2008 at 10:00am @ the First Southern Baptist Church. She asked interested parties to please call her office for reservations. ADJOURNMENT There being no further business, the meeting was adjourned at 8:40 p.m. amela Hanna - City Clerk 34