Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 12/10/1996MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, DECEMBER 10, 1996, AT 7:00 P.M. The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston and the following Councilmembers present: Lieberman, Martinez, McAllister and Samaniego. Councilmember Huffman was absent. Also present were Ed Beasley, Assistant City Manager; Peter Van Haren, City Attorney; and Pamela Oliveira, City Clerk. APPROVAL OF THE MINUTES It was moved by Lieberman, and seconded by Eggleston, to dispense with the reading of the minutes of the Special City Council Meeting of November 21,1996 and the Regular City Council Meeting of November 26, 1996, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. Compliance with Article VII, Section 6 of the Glendale Charter: A statement was filed by the City Clerk that the ten Ordinances and five Resolutions to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. AWARDS AND PRESENTATIONS PRESENTATION OF GIFT RECOGNIZING GLENDALE'S SUPPORT OF THE ARIZONA SENIOR OLYMPICS Ms. Joy Carter, Chairperson of the Board of Directors of the Arizona Senior Olympics, presented a framed commemorative poster to Mayor Scruggs. Mayor Scruggs thanked Ms. Carter on behalf of the City. In addition, Mayor Scruggs thanked Ms. Sheny Milligan, Adult Services Coordinator; Mr. Vincent Gray, Athletics Supervisor; and Ms. Susan Matousek, Special Interest Supervisor - City staff members who were instrumental in the success of the Arizona Senior Olympics. AWARD RECOGNIZING ENRIQUE "HENRY" BANDA Mayor Scruggs presented a Proclamation of Recognition to Enrique "Henry" Banda in appreciation of his forty years of volunteer service to baseball and softball programs in the City of Glendale. - 1 - Mr. Dave Engelking of Karsten Manufacturing presented Mr. Banda with Arizona's 1996 Sporting Goods Manufacturers Association HERDS award. This makes Mr. Banda one of ten national finalists. PRESENTATION OF PLAQUE OF APPRECIATION TO DEBORAH R. MCALLISTER Councilmember McAllister presented a Plaque of Appreciation to Deborah R. McAllister in recognition of her years of service as Library Advisory Board Chair and member. RECOGNITION OF COMMUNITY SERVICE FOR DANNY DE LA CRUZ Mayor Scruggs presented a Plaque of Appreciation to Danny De la Cruz in recognition of his years of service as a member of the Glendale Citizens' Advisory Commission on Neighborhoods. PLAQUES FOR COMMUNITY DEVELOPMENT ADVISORY COMMITTEE MEMBERS Mayor Scruggs presented plaques to Frances A. Carmichael, Howard G. Weiner, and Art Lomeli for their service on the Community Development Advisory Committee. BUSINESS FROM THE FLOOR: Mr. Rex Breese, 12451 N. 51st Drive. Glendale stated that his daughter had been bitten by a neighbor's dog last Sunday. He said that, since that incident, he had reviewed the City's ordinance with regard to dogs at -large and spoken with representatives of Maricopa County's Animal Control Department (the City of Glendale contracts animal control services to Maricopa County). He commented that, in his opinion, the City's animal control ordinance and the Maricopa Animal Control Department's services were inadequate. Mr. Breese requested that the City Council review and change the ordinance and service requirements for animal control. CONSENT AGENDA Mr. Ed Beasley, Assistant City Manager, read the consent agenda items by number and title. 1. AWARD OF BID 96-42. ONE 6 CUBIC YARD DUMP TRUCK Nine bids were received to supply the Utilities Department, Water Distribution Division, with one 6 cubic yard dump truck to be used in hauling a variety of materials, including concrete, rocks, dirt, and construction debris. The Ford F-800 model is new, with full factory warranty, and is an addition to the fleet. -2- The lowest responsive bidder was Don Sanderson Ford of Glendale, Arizona. Funding of $50,472.38 is available in the Utilities Department, Water Distribution Division Budget, Account No. 50-6442-8400. The recommendation was to award the purchase of one 6 cubic yard dump truck to Don Sanderson Ford of Glendale, Arizona, in the amount of $50,472.38, taxes included. 2. AWARD OF PROPOSAL 96-20, TRAFFIC SAFETY SCHOOL SERVICES Two proposals were received to provide the City Court with traffic safety classes as a diversion option for citizens cited for minor moving traffic violations. Upon completion of the class, the City Court dismisses the traffic citation. Citizens are eligible to exercise the traffic safety school diversion option only once every two years. The purpose of the program is to provide instruction in safe driving and to reduce accidents. At the present time, approximately 400 people attend the traffic safety school each month. The term of the agreement shall be for a period of one year. The proposal contains an option clause which will permit the City, at the discretion of the City Manager, to extend this agreement for four additional one-year periods. An evaluation panel reviewed the offers received. The panel consisted of staff from the City Court and Materials Management. Specific evaluation factors considered included course content, fee information, current instructors, facilities, certification and references. Due to the volume of attendees, the terms of the solicitation reserved the right to award two or more contracts. The evaluation committee scored proposals from the National Traffic Safety Institute and the National Safety Council and considered them both valid offers. Because this is a revenue generating contract, there are no budgeted funds involved. The recommendation was to award the contract for traffic safety school services to the National Traffic Safety Institute and the National Safety Council. 3. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - ARROWHEAD WATER RECLAMATION FACILITY This was a request for additional construction services, to be provided by Rust Environment & Infrastructure, Inc., which are required for completion of work at the Arrowhead Water Reclamation Facility. -3- Additional services include full-time resident project administration and inspection, additional submittal reviews, and evaluation and design of grinder facility in the sludge line. The expertise of the consultant is necessary to ensure proper construction of the facilities. Due to long material acquisition time, the installation will be included with the Oxidation Ditch Cover Project. The additional cost for these services is $71,200 and is available in the Utilities Department Project Account No. 50-9261-7300. The City Engineer and the Community Development/Engineering staff have reviewed these costs and found them to be fair and reasonable. The recommendation was to approve the Amendment to the Professional Services Agreement with Rust Environment & Infrastructure. 4. AWARD OF CONSTRUCTION CONTRACT - PASEO RACQUET CENTER GRADING AND DRAINAGE DRYWELLS This was a request for the City Council to award a construction contract to McGuckin Drilling, Inc., in the amount of $71,877.46, for construction of grading and drainage improvements at the Paseo Racquet Center ballfield complex. This project is designed to alleviate the nuisance water that stands on two of the four baseball fields following significant rainstorms. The project includes the grading to re- direct the standing water away from each of the ballfields and into separate inlet boxes, which then flow into their respective drywells. The project is scheduled to be completed during the month of January, which was done to accommodate the scheduling of the use of the fields, at the request of the Parks and Recreation Department. One bid was received and opened on November 21, 1996, with McGuckin Drilling, Inc. submitting a bid in the amount of $71,877.46. The Engineering staff reviewed the bid and the qualifications of the bidder and recommended award of the contract to McGuckin Drilling, Inc. The project had an estimated value of $49,000, but, due to the current construction environment and the time constraints on the completion of this project, there was little interest shown by the construction community. It is unlikely that rebidding this project would result in receiving a better bid in the current market. Also, the time required to rebid and award the project would not allow for construction to be completed before the fields are needed. Funds in the amount of $49,000, are available for this project in the Athletics Department Project Account No. 01-4245-8300. Staff also requested a transfer in the amount of $22,877.46 from the Contingency Fund, Account No. 01-2450-8300. The recommendation was to award the construction contract to McGuckin Drilling, Inc., in the amount of $71,877.46 and transfer the funds. 5. CONTRACT AWARD FOR NEIGHBORHOOD PARTNERSHIP GRANT: OCOTILLO - LAMAR ALLEY WAY IMPROVEMENTS This was a request for the City Council to award a construction contract to Asphalt Services of Arizona, for the lump sum of $62,660.45. The award is required to repair and improve two alleys located east and west of 54th Drive, Lamar to Ocotillo Roads. Bidding opened on November 20, 1996, and three bids were received. Since this is a Community Development Block Grant (CDBG) eligible project and was approved as such, CDBG funds appropriated to the Neighborhood Partnership Office by the Mayor and Council earlier this fiscal year, will be used. Originally, the Ocotillo -Lamar Neighborhood Association requested, and was granted, $30,000 by the Mayor and Council on May 28, 1996 for the repaving of the two alley -ways. This amount was based on estimates received by the neighborhood for the repaving project. However, because of certain drainage problems identified through design work, several features (including the construction of the alleys with an inverted crown) must be incorporated into the repaving project to prevent the flooding of adjacent residential properties. The Glendale Citizens' Advisory Commission on Neighborhoods was updated on the additional project costs at its December 3, 1996, meeting. Funds for this project are available in Account No. 11-8645-7330. Approval of this revised grant request and contract award will in no way reduce the amount available to eligible neighborhoods for subsequent neighborhood grant requests this fiscal year. The recommendation was to award the construction contract to Asphalt Services of Arizona, in the amount of $62,660.45, and authorize an amendment to the existing grant agreement between the Ocotillo -Lamar Neighborhood Association and the City of Glendale to reflect the revised grant amount of $62,660.45. It was moved .by Lieberman, and seconded by Martinez, to approve the recommended action on Consent Agenda Item Nos. 1 through 5. The motion carried unanimously. BIDS AND CONTRACTS 6. FALL 1996 NEIGHBORHOOD GRANT REQUESTS Mr. Ed Beasley, Assistant City Manager, presented this item. For the Fiscal Year -5- 1996/97, approximately $720,569 in general fund money has been set aside by the Mayor and Council for neighborhood improvement and revitalization projects. To assist the Mayor and Council in making recommendations on how these revitalization funds should be used, the Glendale Commission on Neighborhoods was created to oversee the funding process. After a comprehensive review process, the Commission scored all projects and voted to recommend which of those project should be forwarded to the Mayor and Council for formal funding consideration. The following is brief overview of these recommendations. 1) Trinity Vista Estates Neighborhood - The installation of new sidewalk from the existing sidewalk at 43rd Avenue and Morten, to the existing sidewalk on Vista; the installation of handicap ramps on the northeast and southeast corners of Vista and 43rd Avenue; and 775 feet of new sidewalk on the east side of 43rd Avenue from Vista to Orangewood. The Commission approved this request for $10,533.60, with stipulations. 2) Sonorita Neighborhood Association - The installation of new sidewalk and curbs to complete major street repairs on 58th Avenue from Market to McLellan Avenues. The Commission approved this request for $145,119.64, with stipulations. 3) The Association - The installation of traffic signals at the intersection of 67th Avenue and Paradise Lane. The Commission approved the grant request for $48,000, with stipulations. 4) Ocotillo -Rose - The repainting and refurbishment of 90 streetlight poles at various locations in the neighborhood. The Commission approved this request for $33,858, with stipulations. 5) dal Shadows - The installation of new sidewalk on the west side of 65th Avenue from Sunnyslope to where it would link up with an existing segment near Carol Avenue. The Commission approved this request for $9,766.44, with stipulations. 6) West Plaza Estates - The construction of entry way monuments (which would include a drip system, planters, and red paving brick) on the northwest and northeast corners of 45th Avenue and Bethany Home Road, and the installation of decorative red paving bricks in the median that separates Bethany Home Road from the frontage road running east and west of 45th Avenue. The Commission approved this request for $54,643.20, with stipulations. 7) Suncrest H.O.A. #2 - Street resurfacing and asphalt repairs, in and around the residential complex. The Commission approved the request for $41,356.69, with stipulations. 8) Lexington Place - The installation of 15 ornamental street sign (directional) posts and 30 street signs (two for each post) at various intersections in the neighborhood. The Commission approved the request for $16,522.45, with stipulations. A total of 14 grant requests were received for review and consideration. The total cost of the recommended projects (including a 20% contingency) as recommended by the Commission, will amount to approximately $359,800.02. There is $360,280 available in the Neighborhood Assistance Fund Account No.18-4413-7330. This item was reviewed by the Mayor and Council at the December 3, 1996, Council Workshop. The recommendation was to approve the Fall 1996 Neighborhood Grant Projects, as recommended by the Glendale Citizens' Advisory Commission on Neighborhoods. In response to a question posed by Councilmember Martinez, Mr. Eric Strunk, Neighborhood Partnership Administrator, confirmed that all of the stipulations were included in the request at the time Council considered the item at workshop. Councilmember Lieberman expressed his appreciation to the members of the West Plaza Estates neighborhood for their efforts and commended them for their success in completing projects over the last three funding cycles. It was moved by Martinez, and seconded by Lieberman, to approve the Fall 1996 Neighborhood Grant Projects, including stipulations, as recommended by the Glendale Citizens' Advisory Commission on Neighborhoods. The motion carried unanimously. 7. ALLOCATION OF HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS FOR THE DEVELOPMENT OF HOUSING FOR THE ELDERLY Ms. Lillian Hamilton, Neighborhood Services Director, presented this item. In October 1996, the Council authorized the allocation of $500,000 from the HOME Investment Partnerships (HOME) Program for the development of living units for low and moderate income elderly. These funds are available from the 1995/96 and 1996/97 HOME allocations and must be committed by December 31, 1996. A Request for Proposals was advertised through a public notice in local newspapers and through a direct mailing to 119 developers and agencies. Eighteen agencies requested proposals. Two developers -7- submitted proposals. However, one proposal was received after the deadline and could not be accepted. The remaining proposal from the National Benevolent Association (NBA) proposes the development of living units for the elderly in a four -phase project. The development will be located at Manistee Ranch, 51st and Northern Avenues. When completed, there will be 320 units. The phases will be developed by using various sources of financing, such as HOME Funds, Low Income Tax Credits, and Section 202 Supportive Housing funding from the Department of Housing and Urban Development (HUD). The NBA was recently notified that they were being awarded funding for 75 units under the HUD Section 202 Supportive Housing for the Elderly Program. This greatly enhances their ability to complete the first phase of the project. It is currently proposed that the HOME funds allocated to this project be used for site acquisition and related development costs. The NBA has entered into an agreement with the owner of the Manistee property to purchase 10.48 acres for the project. Since this is a large piece of property, the development in phases makes the project more feasible. The proposal was evaluated by a screening committee, consisting of representatives from the following City departments: Finance, Budget and Research, Engineering, Planning, City Attorney's Office, and Materials Management. The chairman of the Community Development Advisory Committee also participated in the review. A consultant specializing in the HOME Investment Partnerships Program and in the development of affordable housing also evaluated the proposal. The NBA proposal received an average rating of 78 percent and was deemed highly responsive. The agreement will commit the HOME funds and allow the City to enter into negotiations with the NBA. A City team, consisting of members from the Planning Department, City Attorney's Office, Materials Management, and Neighborhood Revitalization, will negotiate with the NBA to establish a specific development plan identifying the exact use of HOME funds tied to specific performance(s) by the developer. The recommendation was to approve allocation of $500,000 to the National Benevolent Association and authorize the City Manager to sign the necessary agreements and contracts to effect agreement between the City and the NBA for the development of housing for low and moderate income elderly. It was moved by Eggleston, and seconded by Lieberman, to approve the allocation of $500,000 to the National Benevolent Association (NBA) and authorize the City Manager to sign the necessary agreements and contracts to effect agreement between the City and the NBA for the development of housing for low and moderate income elderly. The motion carried unanimously. -8- Mayor Scruggs commented on the City's excitement about the project. She recognized the fine work of the Waymark Gardens project. She conveyed the appreciation of the National Benevolent Association to Vice Mayor Eggleston for his efforts in making this project a reality. 8. ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Ms. Lillian Hamilton, Neighborhood Services Director, presented this item. The Community Development Block Grant (CDBG) Program has $270,500 available for allocation to CDBG-eligible projects. These funds are available from projects that were canceled, infeasible, or funded by other sources. All three projects would benefit low and moderate income individuals. At its August 22 and October 24, 1996 meetings, the Community Development Advisory Committee (CDAC) reviewed and approved the allocation of these funds for the following projects: Infrastructure Improvements to Sections of Orangewood Avenue, 59th Drive and 61 st Avenue: These improvements will include sidewalks and sidewalk ramps, replacement of curbs and gutters, undergrounding of existing utilities and full street improvements. Council had previously approved $98,116 for a section of 59th Drive north of Orangewood. The City Engineering Department subsequently requested to expand the improvements to other sections of the neighborhood on Orangewood Avenue and 61 st Avenue which also needed improvement. The cost for the additional area is $174,500, for a total project cost of $272,616. Catlin Court Neighborhood Lights: This project is for the installation of 27 new "gaslight" type streetlights to match the existing lights in the Catlin Court Historic District. The lights will be installed in the area bound by Orangewood, Myrtle, 58th Avenue, and 59th Avenue. The Council previously approved $19,623 for this project. The State Historic Preservation Office subsequently recommended that historic streetlights, which are more expensive, be installed to preserve the historic nature of the neighborhood. Because these lights provide less illumination, the number of lights required more than doubled. The increased number of lights necessitate undergrounding utilities. An additional $80,000 would upgrade the lights to historic fixtures and underground the utilities. The total project cost will be $99,623. Covered Parking for the Disabled at the Glendale Adult Center: The CDAC has requested the installation of six covered parking spaces for the disabled at the Glendale Adult Center. The cost for this new project is $16,000. The recommendation was to approve an amendment to the 1996/97 One Year Consolidated Plan, authorizing the allocation of $270,500 to CDBG-eligible projects. Councilmember McAllister noted that he had a possible conflict of interest with regard to the Catlin Court Neighborhood Lights project. Mayor Scruggs responded that the City Council would consider the Catlin Court Neighborhood Lights project separately. It was moved by Eggleston, and seconded by Lieberman, to approve allocation of funds for the infrastructure improvements to sections of Orangewood Avenue, 59th Drive, and 61st Avenue, and the installation of six covered parking spaces for the disabled at the Glendale Adult Center. The motion carried unanimously. It was moved by Eggleston, and seconded by Lieberman, to approve the allocation of funds for the Catlin Court Neighborhood Lights. The motion carried, with McAllister "abstaining." 9. GLENDALE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION Ms. Lillian Hamilton, Neighborhood Services Director, presented this item. The Glendale Community Housing Development Organization (CHDO) has been awarded $225,000 of Fiscal Year 1995/96 HOME Investment Partnerships Program (HOME) funds by the City of Glendale to continue the operation of its Replacement Housing Program. Due to a federal regulation requiring a 25% non-federal match of HOME funds, the contract with the CHDO is contingent upon their receiving the appropriate matching funds. The CHDO currently has $30,250, or 54% of the required match, and is expecting award of the remaining $26,000, or 46% of match, by early January of 1997. Due to funding commitment deadlines associated with HOME, a contract must be executed by the end of December 1996. The Replacement Housing Program targets low-income persons who own a home not suitable for rehabilitation. The homes must be located within the boundaries of 51 st and 67th Avenues, from Orangewood to Maryland Avenues. This program has been in operation for three years and has successfully replaced six dilapidated homes within the CHDO target area. Homeowners were able to secure loans from private lenders for repayment of a portion of the HOME funds. This has generated $52,025 in program income to the Glendale CHDO's Replacement Housing Program funds. All costs to be charged to this program are direct program costs, including construction costs, temporary relocation, loan and escrow fees, client counseling, client -10- assistance, construction management, and architectural fees. No general administrative costs will be charged to the HOME program under this contract. The recommendation was to authorize the execution of a Subrecipient Agreement with the Glendale Community Housing Development Organization (CHDO) to establish terms for the City's participation in their Replacement Housing Program. It was moved by Eggleston, and seconded by Lieberman, to authorize the execution of a Subrecipient Agreement with the Glendale Housing Development Organization (CHDO) to establish terms for the City's participation in their Replacement Housing Program. The motion carried unanimously. PUBLIC HEARING - LIQUOR LICENSE Mayor Scruggs stated that Agenda Item No. 12, Break Cue Club, would be heard separately, as she had received a request to address the City Council. 10. LIQUOR LICENSE NO. 3-506 - DELVIN CASTLE PUB AND GRILL This was a request for a person transfer license for Delvin Castle Pub and Grill, which is located at 5400 N. 59th Avenue, series 6 (on -sale retail, all liquor) license. The prior owner held a series 6 (on -sale retail, all liquor) license at this location. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, Police Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with a recommendation for approval. 11. LIQUOR LICENSE NO. 3-507 - WATER HOLE This was a request for a person transfer license for Water Hole, which is located at 8830 N. 43rd Avenue, series 6 (on -sale retail, all liquor) license. The prior owner held a series 6 (on -sale retail, all liquor) license at this location. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, Police Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. -11- The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 13. LIQUOR LICENSE NO. 3-509 - ABALBERTOS MEX-FOOD This was a request for a new license for Abalbertos Mex-Food, which is located at 5025 N. 67th Avenue, series 12 (on -sale retail, restaurant) license. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, Police Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State pf Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 14. LIQUOR LICENSE NO. 3-510 - FOOD CITY NO. 20 This was a request for a new license for Food City No. 20, which is located at 4335 W. Glendale Avenue, series 10 (off -sale retail, beer and wine) license. The prior license for this location was a series 9 (off -sale retail, all liquor) license. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, Police Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 15. LIQUOR LICENSE NO. 3-511 - BASHAS' NO. 81 This was a request for a location transfer license for Bashas' No.81, which is located at 6760 W. Deer Valley Road, series 9 (off -sale retail, all liquor) license. The current owner held a series 9 (off -sale retail, all liquor) license at 4335 W. Glendale Avenue. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, -12- Police Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Liquor License Applications No. 3-506, - Delvin Castle Pub and Grill; No. 3-507 - Water Hole; No. 3-509 - Abalbertos Mex-Food; No. 3-510 - Food City No. 20; and No. 3-511 - Bashas' No. 81. As there were no comments, she closed the public hearing. It was moved by Martinez, and seconded by McAllister, to forward Liquor License Applications No. 3-506 - Delvin Castle Pub and Grill; No. 3-507 - Water Hole; No. 3-509 - Abalbertos Mex-Food; No. 3-510 Food City No. 20; and No. 3-511 - Bashas' No. 81, to the State of Arizona Department of Liquor Licenses and Control, with a recommendation for approval. The motion carried unanimously. 12. LIQUOR LICENSE NO. 3-508 - BREAK CUE CLUB Police Chief David Dobrotka presented this request for a person transfer license for Break Cue Club which is located at 10040 N. 43rd Avenue, series 7 (on -sale retail, beer and wine) license. The prior owner held a series 7 (on -sale retail, beer and wine) license at this location. This establishment is located over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department and Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The Police Department reviewed the application and recommended denial due to the fact that the applicant provided false and misleading information regarding previous liquor violations on his application. The recommendation was to conduct a public hearing and forward the application to the Arizona Department of Liquor Licenses and Control, with a recommendation for denial. Councilmember Martinez asked if a business owner holding a liquor license was given any warning prior to the potential revocation of that liquor license due to violations. Mr. Van Haren stated that there was no warning process before such an action could be taken. He added, however, that this application was not an action to revoke a license, but a request for a person transfer license. -13- Councilmember McAllister commented on the one violation of selling liquor to a minor. Additionally, he inquired as to what responsibility a business owner had for activities that occurred in his/her parking lot. Chief Dobrotka stated it was his feeling that the business owner was responsible for the activities that occur in the adjacent area to the business. When questioned about businesses employing off -duty officers for crime prevention, Chief Dobrotka stated that he did not make a recommendation to the business owner that he employ off -duty police personnel to patrol his parking lot. Mr. Bob Drake, Revenue Administrator, explained that the reason the application was being made by the same person who held the previous application was that the business had changed from a sole proprietorship to a corporation, and this change in ownership status requires that the operator go through the liquor license application process. He stated that the applicant could withdraw his application if the ownership status of the business were not changed. He verified that the applicant had not attempted to withdraw the application. However, the applicant did attempt to change the application to accurately reflect previous violations and a fine once he learned his application would receive a recommendation for denial. Mr. Drake clarified the questions on the application which were answered by the applicant in a manner that was inconsistent with the facts. Mr. Van Haren explained the City of Glendale's responsibility to review and make recommendations to the Arizona Department of Liquor License and Control and the State's responsibility relative to enforcement of liquor license laws. He stated that, if the Council recommended denial, the applicant would have the right to withdraw his application, and his current license would remain in effect. Councilmember Martinez asked if the Council had the ability to table this action for further consideration. Mr. Van Haren answered that the Council needed to consider the application on the merits presented. Mr. Drake clarified that the application processing time limit expired on December 30, 1996. Mr. Jim Kobashi 7030 North 2nd Street, Phoenix. Arizona, the owner/operator of the Break Cue Club, explained his reasons for making a person transfer. He stated that he had operated four billiard parlors in the Valley, and he has had problems that are consistent with similar establishments. He reviewed his security system and discussed the sport of billiards in general. He said that, in twenty years of operating billard parlors, he had been fined by the State Department of Liquor on two occasions, in 1975 and 1996. He acknowledged that he did not answer two questions on the application correctly, but assured the Council that he did not intend to mislead anyone. He said that he felt he was a good manager and operator and he had been cooperative with the Glendale Police Department. He stated that he was open to adopting any recommendations the Police Department would have for improving his operation. -14- Councilmember McAllister stated that he was personally acquainted with Mr. Kobashi and his family and spoke of his good character and integrity. He suggested that the situation would be different if numerous problems and fines were involved with the operation of this establishment. In response to a question posed by Councilmember Martinez, Mr. Kobashi recounted an incident where a patron was hurt in an altercation at the club Councilmember McAllister asked why Mr. Kobashi was continuing with the application when it could be denied. Mr. Kobashi stated that he was making the ownership change on the advice of his attorney and his accountant in an effort to limit personal liability and to start a profit sharing plan for his employees. Councilmember Martinez asked if any police officers had been hurt during altercations at the establishment. Chief Dobrotka was not able to give a factual answer. Mayor Scruggs opened the public hearing on Liquor License Application No. 3-506 - Break Cue Club. As there were no comments, the public hearing was closed. It was moved by Eggleston, and seconded by Martinez, to forward Liquor License Application No. 3-506 - Break Cue Club to the State of Arizona Department of Liquor Licenses and Control, with a recommendation for approval. The motion carried with Scruggs voting "Nay." Mayor Scruggs commented on the difficulty of her decision and expressed concern with the City sending mixed messages to the Liquor Board. She stated that she was uncomfortable with going against the Police Department's recommendation and noted that, in her years on the Council, she had seen very few recommendations for denial from the Police Department. She added that the situation was awkward because the business owner could continue doing business under his current ownership status. Councilmember McAllister compared this operation to convenience stores, where the Council considers the violent incidents that happen in those businesses as the fault of the perpetrator and not the business and does not recommend denial of liquor license applications. He stated that his decision was also based on the good character of Mr. Kobashi and his confidence that Mr. Kobashi would work cooperatively with the Police Department. Councilmember Martinez discussed his support of the Police Department on one hand and his familiarity with Mr. Kobashi and his family, who have contributed significantly to Glendale, on the other hand. - 15 - ORDINANCES 16. ZONING ORDINANCE TEXT AMENDMENT: Z-96-20 Mr. Dean Svoboda, Planning Director, presented this request by the Planning Commission to amend the Zoning Ordinance to address the sale or provision of alternative fuels for motor vehicles. Alternative motor vehicle fuels include, but are not limited to, compressed natural gas, liquid propane gas and electricity. The proposed text amendment changes the definition of "automobile service stations" and "convenience use" to recognize the potential of alternative fuels replacing or supplementing gasoline sales. The text amendment requires a Conditional Use Permit when the alternative fueling station sells or provides fuel to the public and is a principal use of the site. The provision of electrical charging facilities as an accessory use in residential, commercial and industrial districts will not require a Conditional Use Permit. The Planning Commission unanimously recommended approval of Zoning Ordinance Text Amendment Z-96-20 at its hearing of November 7, 1996. The recommendation was to conduct a public hearing, approve Zoning Ordinance Text Amendment Z-96-20, and adopt the Ordinance. Mayor Scruggs called for a public hearing on Zoning Ordinance Text Amendment: Z-96-20. As there was no comment, the public hearing was closed. Ordinance No. 1912, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE BY AMENDING THE DEFINITIONS FOR AUTOMOBILE SERVICE STATIONS AND CONVENIENCE USES TO REQUIRE A CONDITIONAL USE PERMIT FOR ALTERNATIVE FUELING STATIONS FOR AUTOMOBILES. It was moved by Samaniego, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1912, New Series. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. 17. OFFICIAL SUPPLEMENTARY ZONING MAPS ZMA-4 AND ZMA-5 Mr. Dean Svoboda, Planning Director, presented this item. On June 22, 1993, the City Council approved and adopted the new Zoning Ordinance for the City of Glendale. On July 27, 1993, the City Council adopted "The Official Zoning Map of the City of Glendale," which is incorporated as a part of the Zoning Ordinance and which identifies the boundaries of the zoning districts within the city -16- Between November 23, 1993 and September 10, 1996 the City Council took individual action to approve 30 rezoning applications to amend the zoning classification or zoning district boundaries on specific properties within the City. Section 3.807 of the Zoning Ordinance requires that all amendments to the Official Zoning Map be adopted by Ordinance. Accordingly, the attached Ordinances have been prepared to adopt "Official Supplementary Zoning Map ZMA-4" and "Official Supplementary Zoning Map ZMA-5," which will amend the Zoning Map for those specific properties in accordance with those prior City Council rezoning actions. The recommendation was to waive reading beyond the title and adopt, by separate motions, the ordinances for Official Supplementary Zoning Map ZMA-4 and Official Supplementary Zoning Map ZMA-5 Ordinance No. 1913, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY CODE OF THE CITY OF GLENDALE BY ADOPTING OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-4; AMENDING ZONING ON SPECIFIC PROPERTIES; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance No. 1914, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY CODE OF THE CITY OF GLENDALE BY ADOPTING OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-5; AMENDING ZONING ON SPECIFIC PROPERTIES; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Lieberman, and seconded by Eggleston, to pass, adopt, and approve Ordinance No. 1913, New Series, pertaining to Official Supplementary Zoning Map ZMA-4. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. It was moved by Lieberman, and seconded by Eggleston, to pass, adopt, and approve Ordinance No. 1914, New Series, pertaining to Official Supplementary Zoning Map ZMA-5. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None 18. PUBLIC UTILITY EASEMENT ABANDONMENT - ARROWHEAD UNIT 8B Mr. Grant Anderson, City Engineer, presented this item. Regal Homes requested the abandonment of an eight foot public utility easement located along the rear lot lines of -17- 34 lots located in Arrowhead Lakes Unit 8B. This subdivision is located at 51 st Avenue and Beardsley Road. The request is the result of the inability to sell these lots because of the restrictions to the easement areas. All utilities are located in the front of the homes, so this easement is not necessary. None of the utility companies have any opposition to this abandonment. The abandonment will allow the buyers of these lots to install pools in their back yards. There are no costs associated with the abandonment of this easement. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the abandonment of an eight foot public utility easement in Arrowhead Lakes Unit 8B. Ordinance No. 1915, 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 RELEASE AND ABANDONMENT OF A PUBLIC UTILITY EASEMENT NO LONGER NECESSARY FOR PUBLIC USE LOCATED IN ARROWHEAD LAKES UNIT 8B TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Lieberman, and seconded by Eggleston, to pass, adopt, and approve Ordinance No. 1915, New Series. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. 19. REVISION OF THE LICENSING CODE Mr. Ed Beasley, Assistant City Manager, presented this item. At the December 3, 1996 Council workshop, staff was directed to proceed with the recommended changes to the Glendale City Code. The Glendale City Code is comprised of several chapters which deal with business licensing. These include Chapter 3 Alarm Systems, Chapter 4 Alcoholic Beverages, Chapter 5 Amusements, Chapter 21 Licenses, Taxation & Miscellaneous Business Regulations, and Chapter 22 Massage Establishments, Massage Therapist. With the exception of the Chapter 22 Massage, which was completed last year, only sections or wording of chapters have been modified. The Tax and Licensing Department, together with the City Attorney's Office and Police Department, reviewed and updated the licensing sections of the Code. Some of the Code sections were from Circa 1963. For this reason, each section had to be reviewed for correctness and updated for current applicability. The result was a code which flows easily from one section to another. Additionally, numerous business classifications were either condensed into an appropriate grouping or eliminated from special regulations altogether. This ordinance does not change any fees. -18- In order to initiate these changes at their renewal time, staff is requesting the adoption of the ordinance with an effective date of January 1, 1997. The recommendation was to conduct a public hearing and waive reading beyond the title and adopt each of the four ordinances modifying the Glendale City Code. Mayor Scruggs called for a public hearing. As there was no comment, the public hearing was closed. Ordinance No. 1916, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE, CHAPTER 3, RELATING TO LICENSING OF ALARM BUSINESSES; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance No. 1917, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE, CHAPTER 4, RELATING TO LIQUOR LICENSES; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance No. 1918, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE, CHAPTER 5, RELATING TO LICENSING OF AMUSEMENTS; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance No. 1919, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE, CHAPTER 21, RELATING TO LICENSES, TAXES AND MISCELLANEOUS BUSINESS REGULATIONS; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Martinez, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1916, New Series pertaining to Chapter 3, Licensing of Alarm Businesses. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. It was moved by Martinez, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1917, New Series pertaining to Chapter 4, Liquor Licenses. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. -19- It was moved by Martinez, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1918, New Series pertaining to Chapter 5, Licensing of Amusements. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. It was moved by Martinez, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1919, New Series pertaining to Chapter 21, Licenses, Taxes and Miscellaneous Business Regulations. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. 20. TAX CODE CHANGE - LOCAL OPTION H Mr. Ed Beasley, Assistant City Manager, presented this item. At the November 19, 1996 Council workshop, staff was directed to proceed with the recommended changes to Local Option H. The Model City Tax Code was approved and adopted on April 1, 1987 by the Glendale City Council. As part of this code, cities may choose various uniformed Local Options as part of their code. At this time, Local Option H, Sec. 21-1.410(a)(2) of the Amusement section was adopted as part of the code. The Local Option states: Sec. 21.1-410 Amusements, exhibitions, and similar activities. (a) The tax rate shall be at an amount equal to one and three tenths percent (1.3%) of the gross income from the business activity upon every person engaging or conducting in the following type or nature of businesses: 2) health spas, fitness centers, dance studios, or other persons who charge for the use of premises for sports, athletic, other health -related activities or instruction; whether on a per -event or for long-term usage, such as membership fees. Several business owners of dance studios have approached the City regarding this Local Option. They believe activities which can be considered the "arts" should not be taxed. They additionally feel they are also at a competitive disadvantage with their customers because a business in Glendale is required to pay tax on this type of instruction, but a business in Phoenix is not. The proposed change will exempt instructional facilities such as dance studios, karate studios and gymnastic studios from charging sales tax on their lessons. In order to maintain consistency and uniformity in reporting requirements, staff has requested adoption of the amendments with an effective date of January 1, 1997. -20- The recommendation was to conduct a public hearing and waive reading beyond the title and adopt the ordinance modifying the Glendale Model City Tax Code. Mayor Scruggs called for a public hearing on Tax Code Change - Local Option H. As there was no comment, the public hearing was closed. Ordinance No. 1920, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE PRIVILEGE (SALES) AND USE TAX CODE CONCERNING AMUSEMENTS, EXHIBITIONS AND SIMILAR ACTIVITIES; ESTABLISHING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. It was moved by Lieberman, and seconded by Eggleston, to pass, adopt, and approve Ordinance No. 1920, New Series. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. 21. GLENDALE JUSTICE COURT LEASE RENEWAL Mr. Grant Anderson, City Engineer, presented this item. The current lease on the City building being leased to Maricopa County for the Justice Court is up for renewal December 31, 1996. City and County staff have been working towards renewing the lease for an additional five-year period, at a rent of $12 per square foot or $84,000 annually, established by a market survey, paid in monthly installments. The lease may be canceled by either party, without cause, with one year's written notice. The County's Real Estate Department recommended approval of the lease at the $12 per square foot rate and indicated that it would take the lease agreement, drafted by the City, to the Board of Supervisors at the next meeting. The City's Property Agent has concurred with the price. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the execution of a new lease for the Justice Court. Councilmember Lieberman stated that he was a hearing office for the Justice Court and asked if it would be a conflict of interest to vote on the item. Mr. Van Haren responded that it would not be a conflict of interest. Ordinance No. 1921, New Series, was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, PURSUANT TO ARTICLE VII, SEC. 5(d) OF THE GLENDALE CITY CHARTER, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY MANAGER -21 - AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH MARICOPA COUNTY FOR CERTAIN PUBLIC PROPERTY TO BE USED AS THE GLENDALE JUSTICE OF THE PEACE COURT; AND DECLARING AN EMERGENCY. It was moved by Eggleston, and seconded by Lieberman, to pass, adopt, and approve Ordinance No. 1921, New Series. Motion carried, with the following members voting "Aye": Eggleston, Lieberman, Martinez, McAllister, Samaniego, and Scruggs. Members voting "Nay": None. RESOLUTIONS 22. CLOSED CAPTIONING GRANT FOR TELEVISED PUBLIC MEETINGS Mr. Ed Beasley, Assistant City Manager, presented this request for the City Council to adopt a resolution authorizing the Cable Communications Division to submit an application for approximately $36,200 in Community Development Block Grant (CDBG) funding of closed captioning for public meetings. The CDBG requires a resolution from the City Council as part of the application process. This grant will provide closed captioning for all live public meetings presented on Government Access Channel 11. Equipment and contracted personnel will be provided with this funding. This grant will also assist the City in meeting the Americans With Disabilities Act requirements for the hearing impaired. The Cable Communications Division is required to submit this application no later than December 20, 1996 for review. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the Cable Communications Division of the City of Glendale to submit an application for CDBG funding of closed captioning of cable televised public meetings. Resolution No. 3093, 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 SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR CLOSED CAPTIONING OF CABLE TELEVISION PUBLIC MEETINGS; AND ACCEPTING A GRANT OFFER IN THE AMOUNT OF $36,200. It was moved by Samaniego, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3093, New Series. The motion carried unanimously. -22- 23. GILA RIVER ADJUDICATION LEGAL REPRESENTATION Mr. Peter Van Haren, City Attorney, presented this item. The cities of Glendale, Chandler, Mesa and Scottsdale, through an intergovernmental agreement, jointly engaged outside counsel to represent their common interests in the Gila River Adjudication, with specific emphasis on the issues currently on appeal before the Arizona Supreme Court. Those issues generally involve the extent to which groundwater will be subject to adjudication, the standards to be applied in determining federal reserved water rights (Indian claims) and how conflicting rights will be resolved. The cities, through a competitive proposal process, hired Bill Anger of the law firm of Ulrich, Kessler & Anger, P.C., to provide the representation. The sixth year of that contract concludes in January 1997. It is necessary to amend the contract to provide for a seventh year. The cost of the seventh year will not exceed $103,700. This cost will be shared by the cities, based on the 1990 census population. Glendale's share for the seventh year will not exceed $23,388. Funds are budgeted in the Utilities Fund Account No. 50-1512- 7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of Intergovernmental Agreements and contracts for legal services with the cities of Chandler, Mesa and Scottsdale relating to the joint legal representation in the Gila River General Stream Adjudication. Resolution No. 3094, New Series, was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION. It was moved by McAllister, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3094, New Series. The motion carried unanimously. 24. URBAN AND COMMUNITY FORESTRY PROGRAM: CHALLENGE GRANT Mr. Warren Smith, Parks and Recreation Director, presented this request to accept a grant which will assist in funding the development of an urban forestry management program. On October 16, 1996, The Arizona State Land Department Forestry Division awarded a Community Challenge Grant for $10,000 to the City of Glendale for the implementation of a tree inventory and management program. Development and implementation of an urban forestry management program is estimated to cost $20,000. - 23 - The program will include the purchase of tree inventory software and hand-held computers, training on data collection, consultation from a local horticulturist, and public education materials on urban tree care. This grant will serve to advance the City's commitment to developing a high quality urban forest. The City is currently applying for designation as a Tree City, U.S.A. This title is earned by cities that continuously demonstrate sound arboricultural practices. This is a reimbursement grant, which means that the City will pay for the $20,000 project and request reimbursement from the Community Challenge Grant Program. This grant is also a fifty percent matching funds grant, which means that the Community Challenge Grant Program will reimburse the City at a rate of 50 percent of total costs (up to $10,000). The City's match will be funded with $5,000 from the Grants Administration Division and $5,000 from the Parks Maintenance Division. The recommendation was to waive reading beyond the title and adopt the resolution authorizing the City Manager to accept the State Land Department Community Challenge Grant for $10,000 and authorize the matching funds to implement an urban forest management program. Resolution No. 3095, New Series, was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE ACCEPTANCE OF A GRANT FROM THE ARIZONA STATE LAND DEPARTMENT COMMUNITY CHALLENGE FUNDS FOR THE IMPLEMENTATION OF AN URBAN FORESTRY MANAGEMENT PROGRAM. It was moved by Eggleston, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3095, New Series. The motion carried unanimously. Mayor Scruggs commended staff on their extraordinary efforts to secure this grant on behalf of the City. 25. "COPS MORE" GRANT RENEWAL Police Chief David Dobrotka presented this item. With the passing of the Crime Bill in September 1994, numerous grants have been made available for law enforcement agencies. The most recent grant is the COPS MORE Grant Program, which funds law enforcement agencies for the purpose of purchasing equipment and technology, procuring support resources, and paying overtime for officers involved in community policing activities. Grants awarded under the COPS MORE Program support community -oriented policing. Only grants that increase officer presence and influence the critical elements of a community policing mission were considered for funding. -24- The Police Department received $125,011 from COPS MORE in Fiscal Year 1995/96, with a City match of $64,650 to fund the following: • JCPU (Juvenile Crime Prevention Unit) - Approximately 96 hours of overtime were worked weekly for six months. Approximate overtime hours worked were 2,496, for a total $53,115. • ACPU (Apartment Crime Prevention Unit) - Approximately 48 hours of overtime were worked weekly for one year. Approximate overtime hours worked were 2,496, for a total of $53,115. • CAT (Community Action Team) - Three corporals worked approximately 15 overtime hours a week for one year. Approximate overtime hours worked were 321, for a total $6,831. • Cop/Gang Detail - Overtime to provide adequate gang enforcement coverage, providing a four member unit five days a week. Approximate overtime hours worked were 3,600, for a total of $76,600. This overtime grant has been renewed for $125,011 for Fiscal Year 1996/97. The federal share of these grants may not exceed 75% of the cost for an officer's overtime wage, and a city match of $64,650 is required. These funds are available in the Grant Match Fund. The monies allotted to the four programs would remain at about the same levels. The grant request is for $189,661. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to accept the second year grant award for COPS MORE. Resolution No. 3096, New Series, was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE SECOND YEAR GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE COPS MORE GRANT PROGRAM WHICH SUPPORTS COMMUNITY -ORIENTED POLICING BY THE GLENDALE POLICE DEPARTMENT. It was moved by McAllister, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3096, New Series. The motion carried unanimously. 26. APPROVAL TO FUND PARTICIPATION IN THE MAJOR INVESTMENT STUDIES FOR FIXED GUIDEWAY SYSTEMS Mr. Jim Book, City Traffic Engineer, presented this item. A Major Investment Study (MIS) is being conducted to develop a fixed guideway, i.e. rail, concept for the Phoenix -25- metropolitan area. The purpose of the study will be to identify the most viable fixed guideway corridors and incorporate them into an integrated regional system. The study is required for a fixed guideway system to be included in the Intermodal Surface Transportation Efficiency Act (ISTEA) five-year funding cycle. The study is currently being funded by Maricopa Association of Governments (MAG), the Regional Public Transportation Authority (RPTA), and the cities of Phoenix, Tempe, Scottsdale, and Mesa. On November 12, 1996, Glendale's Alternative Transportation Committee voted for Glendale to participate in this MIS study at a cost of $150,000. The City of Phoenix, administrator of the contract, will develop an Intergovernmental Agreement. Carter & Burgess has been selected as the consultant on the study. The MIS study will be developed in close cooperation with MAG, RPTA committees, stakeholders, and the general public, and is anticipated to be completed within 12 to 18 months. The recommendation was to waive reading beyond the title and adopt a resolution approving the City of Glendale's participation in the Major Investment Studies for Fixed Guideway Systems and authorize fund transfers of $75,000 from Account No. 01-8976- 8300, HURF-Bridge Replacement Funds, and $75,000 from General Fund Contingency Account No.01-2450-7000. Resolution No. 3097, New Series, was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, APPROVING THE CITY OF GLENDALE'S PARTICIPATION IN THE CITY OF PHOENIX'S MAJOR INVESTMENT STUDIES FOR FIXED GUIDEWAY SYSTEMS; AUTHORIZING THE EXPENDITURE OF $150,000 FOR SAID STUDY; AND AUTHORIZING AND DIRECTING THE ENTERING INTO OF ANY AND ALL NECESSARY DOCUMENTS, INCLUDING INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF PHOENIX FOR THE IMPROVEMENT AND OPERATION OF MASS TRANSIT SYSTEMS. It was moved by Eggleston, and seconded by Lieberman, to pass, adopt, and approve Resolution No. 3097, New Series. The motion carried unanimously. BOARDS AND COMMISSIONS 27. BOARDS AND COMMISSIONS Vice Mayor Eggleston presented this item. Appointments were requested to be made to the following Commissions that have vacancies or expired terms. -26- Aviation Advisory Commission Bryan Hill (Yucca) Reappointment Bryan Hill (Yucca) Chair Library Advisory Board Judith Decker (Cholla) Chair Personnel Board William Eubank (Ocotillo) Chair Effective Term Date Expires 12-10-96 11-24-98 12-10-96 11-24-97 12-10-96 04-13-97 12-10-96 12-23-97 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Eggleston, and seconded by Lieberman, to approve the appointments to the Boards and Commissions as listed on the Agenda. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Lieberman, to hold a City Council Workshop in Room B-3 of the City Council Building on Tuesday, December 17, 1996 at 1:30 p.m., followed by an Executive Session, pursuant to A.R.S. 38- 431.03. It was further moved by Eggleston, and seconded by Lieberman, that, due to the holiday season, the regular meeting of the City Council of the City of Glendale which was scheduled for Tuesday, December 24, 1996 be vacated. It was further moved by Eggleston, and seconded by Lieberman, that, following the Holiday Season, the next Regular City Council Workshop be held on Tuesday, January 7, 1997, at 1:30 p.m., followed by an Executive Session, pursuant to A.R.S. 38-431.03, and the next Regular Glendale City Council meeting be held on Tuesday, January 14, 1997, at 7:00 p.m. It was moved by Eggleston, and seconded by McAllister, to excuse Councilmember Huffman's absence from tonight's meeting due to illness. The motion carried unanimously. -27- COUNCIL COMMENTS AND SUGGESTIONS Councilmember McAllister commented on the exciting learning experience encountered at the National League of Cities Conference from which he had recently returned. Councilmember Lieberman reiterated Councilmember McAllister's comment and expressed his appreciation to the National League of Cities for sponsoring the conference. Councilmember Martinez stated that he was also happy he had participated in the conference and commented on two sessions that specifically interested him -- one for new councilmembers and a tour of the San Antonio Central Library. He noted that he would share the information he gathered. Mayor Scruggs wished the citizens of Glendale a happy holiday season. She encouraged everyone to enjoy the Glendale Glitters celebration. The meeting was adjourned at 9:00 p.m. 1�y --- Pamela Oliveira - City Clerk - 28 -