HomeMy WebLinkAboutAgendas - City Council - Meeting Date: 6/27/2000 GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
June 27,2000
7 PM
CALL TO ORDER- PLEDGE OF ALLEGIANCE
APPROVAL OF THE MINUTES OF JUNE 13,2000 AND JUNE 20, 2000
PROCLAMATIONS AND AWARDS
RECOGNITION OF COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
MEMBER
RECOGNITION OF COMMUNITY SERVICE FOR ROBERT BECK AND RICHARD
LOPEZ
CONSENT AGENDA:
Items on the consent agenda are of a routine nature or have been previously
studied by the City Council at a work session. They are intended to be acted
upon in one motion. If you would like an item removed from discussion, please
come to the podium and state your name, address and item you wish to discuss.
1. COOPERATIVE PURCHASE OF JOHN DEERE BACKHOE
2. APPROVAL OF NEIGHBORHOOD SMALL GRANT AWARD: O'NEIL, RANCH
NEIGHBORHOOD ASSOCIATION
3. AWARD OF CONSTRUCTION CONTRACT -HERITAGE PARK BASKETBALL
& CHAPPARAL PARK SAND VOLLEYBALL COURTS
4. AGREEMENT FOR THE DESIGN OF A MULTI-USE PATHWAY IN THE
THUNDERBIRD PASEO FROM MARSHALL RANCH TO SWEETWATER
(PROJECT 990006) C-4096
5. AWARD OF CONSTRUCTION CONTRACT - GLENDALE AVENUE BRIDGE
OVER AGUA FRIA RIVER; CACTUS ROAD BRIDGE AT ARIZONA CANAL
DIVERSION CHANNEL
6. INTERLIBRARY LOAN AND CATALOGING SERVICES
7. AWARD OF BID 00-37, CHLORINE
8. AWARD OF PROPOSAL 00-13, LANDFILL ALTERNATIVE DAILY COVER
9. CONTRACT AWARD - GLENDALE AVENUE AND 43RD AVENUE BUS BAY
AND GLENN DRIVE CURB RAMP AT 58TH DRIVE
10. FINAL PLAT APPLICATION P-99-06: "VISTA ALEGRE APARTMENTS": 6515
WEST MARYLAND AVENUE
CONSENT RESOLUTIONS
11. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION/MOTOR VEHICLE DIVISION
C-4094 Resolution 3384
12. AGREEMENT WITH THE CITY OF PHOENIX FOR COMPUTER AIDED
DISPATCHING C-4098 Resolution 3385
13. TRANSFER OF CONTROL OF CABLE LICENSE FROM U S WEST, IN.
TO QWEST COMMUNICATIONS INTERNATIONAL INC.
Resolution 3386
BIDS AND CONTRACTS
14. SPRING 2000 NEIGHBORHOOD IMPROVEMENT GRANT REQUESTS
15. PERFORMING ARTS GRANT PROGRAM FUNDING RECOMMENDATIONS
16. CHANGE ORDER NO. 1 AND FINAL -DOWNTOWN ALLEY
IMPROVEMENTS, 58TH AVENUE TO 58TH DRIVE C-3980A
17. AWARD OF CONSTRUCTION CONTRACT- CIVIC CENTER ALLEE
18. AWARD OF CONSTRUCTION CONTRACT - PARADISE LANE STREET
IMPROVEMENTS
19. AWARD OF CONSTRUCTION CONTRACT- GLENDALE AVENUE 18"
WATER TRANSMISSION MAIN, 83RD AVENUE TO 99TH AVENUE
20. CHANGE ORDER NO. 1 - WEST AREA AQUIFER RECHARGE FACILITY
C-3994A
21. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GLENDALE AND
TVI, L.L.P (SOUTHWEST PROPERTIES/INN AT TALAVI)
C-4097 Resolution 3387
22. COSTCO WHOLESALE CORPORATION DEVELOPMENT AGREEMENT
C-4095 Resolution 3388
PUBLIC HEARING-LIQUOR LICENSES
All liquor licenses will be acted on with one motion. If you wish to speak for or
against a liquor license, please come to the podium and state your name and
address and the liquor license you wish to discuss.
23. LIQUOR LICENSE NO. 3-711 - 7-ELEVEN 16623C
24. LIQUOR LICENSE NO. 3-712 - HAPPY FOOD STORE
25. LIQUOR LICENSE NO. 3-713 - REGAL WINE COMPANY OF ARIZONA
26. LIQUOR LICENSE NO. 3-710 -MAX'S RESTAURANT & SPORT'S LOUNGE
OFF-TRACK BETTING LICENSE
27. OFF-TRACK BETTING ESTABLISHMENT LICENSE NO. 4-2038 - MAX'S
SPORTS BARS
LAND DEVELOPMENT ACTIONS
28. REZONING APPLICATION Z-99-30: 6776 NORTH 79TH AVENUE
29. GENERAL PLAN AMENDMENT GP-00-03 AND REZONING APPLICATION Z-
00-05: 7575 NORTH 75TH AVENUE Continued to November 28, 2000
30. PLANNED AREA DEVELOPMENT ZONING AMENDMENT Z-00-03: 5902
WEST PEORIA AVENUE (Home Depot)
ORDINANCES
31. IMPACT FEE ORDINANCE ADOPTION Ordinance 2147
32. FISCAL YEAR 2000-2001 PROPERTY TAX LEVY Ordinance 2148
33. FISCAL YEAR 1999-00 BUDGET AMENDMENTS Ordinance 2149
34. SALE OF CITY PROPERTY AT BETHANY HOME ROAD AND 58TH AVENUE
C-4099 Ordinance 2150
RESOLUTION
35. TESS COMMUNICATION, INC. - TELECOMMUNICATIONS SERVICES
LICENSE AGREEMENT C-4100 Resolution 3389
BOARDS AND COMMISSIONS
36. BOARDS AND COMMISSIONS
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
CITIZEN COMMENTS
If you wish to speak on a matter concerning Glendale city government that is not
on the printed agenda, please fill out a Citizen Comments Card located in the
back of the Council Chambers and give it to the City Clerk before the meeting
starts. The City Council can only act on those matters which are on the printed
agenda, but may refer the matter to the City Manager for follow up. Once your
name is called by the Mayor, proceed to the podium, state your name and
address for the record and limit your comments to a period of five minutes or
less.
COUNCIL COMMENTS AND SUGGESTIONS
ADJOURNMENT
Call to Order - Pledge of Allegiance
Approval of the Minutes
PROCLAMATIONS AND AWARDS
RECOGNITION OF COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
MEMBER
SUMMARY: Paul E. Monaghan, a member of the Community Development Advisory
Committee (CDAC), recently resigned from the committee to serve on the Planning and
Zoning Commission. During his tenure, he has spent countless volunteer hours evaluating
proposals for Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program funds and advising the Council on community development funding
issues. Mr. Monaghan also served as Vice Chairman. His service on the Committee has
been a critical component of the citizen participation process for the Neighborhood
Revitalization Division and his insight and enthusiasm has contributed greatly to the success
of the CDBG and HOME programs. Mr. Monaghan should be commended for his
commitment and dedicated service to the Community Development Advisory Committee.
RECOMMENDATION: Present a plaque to Paul E. Monaghan for his outstanding service
on the Community Development Advisory Committee.
RECOGNITION OF COMMUNITY SERVICE FOR ROBERT BECK AND RICHARD
LOPEZ
SUMMARY The Glendale Citizens' Advisory Commission on Neighborhoods was
established by the Mayor and Council in January of 1995. The purpose of this commission is
to oversee the revitalization of Glendale's older neighborhoods and to make policy
recommendations regarding neighborhood issues, to the Mayor and Council.
Mr. Bob Beck (At-Large representative) has served as a member of the Commission since its
inception in 1995. He served as the first ever commission chairman from 1995 — 1998, and
then as a regular member from 1998 to June, 2000. Mr. Richard Lopez served a total of three
years on the commission (from 1997 to March 2000) as the Mayoral Appointee to the
commission.
Both Mr. Beck and Mr. Lopez have been instrumental in helping to build a program
dedicated to the revitalization of older neighborhoods. As a result of their dedication and
hard work, both played a major role in developing the neighborhood grants process and were
instrumental in reviewing and recommending approximately 99 different neighborhood grant
requests for revitalization funds. During their combined eight years of service, each of them
spent countless hours providing direction and guidance to neighborhood leaders and
contributed to the success of the Neighborhood Partnership Program. They are to be
commended for their efforts and tireless work for the citizens of Glendale.
RECOMMENDATION: Present a plaque of recognition to Mr. Robert Beck and to Mr.
Richard Lopez for their contributions and dedication to serving the citizens of Glendale.
CONSENT AGENDA
1. COOPERATIVE PURCHASE OF JOHN DEERE BACKHOE
SUMMARY: The Utilities Wastewater Collection division is experiencing increased
downtime and maintenance costs with its JCB backhoe. The 1987 model backhoe, originally
purchased in late 1986, is used for routine maintenance of sewer mains. In addition, it is used
for unscheduled repairs and weekend callouts. Equipment Management has determined that
it should be replaced.
The City of Flagstaff recently awarded Invitation for Bid# 20001 to RDO Equipment Co. for
the purchase of a new John Deere 410E backhoe. The City of Flagstaff has granted
permission to the City of Glendale to purchase one unit from their bid. RDO Equipment Co.
has agreed to extend their offer to the City of Glendale at the same terms and conditions as
offered to the City of Flagstaff. The Flagstaff bid specification also contained an option to
allow the trade-in of their 1986 JCB backhoe. The city would like to exercise its option of
trading in our 1987 JCB backhoe also. Staff conducted its own market survey and
determined that the price paid by the City of Flagstaff was fair and reasonable, and the city
could not expect to receive better pricing by issuing a new bid for a single unit. The trade-in
value is also more than what would be expected from a normal outright sale or public
auction. The equipment is new with a full three-year power train warranty.
Funding is available in the Utilities, Wastewater Collection account number 50-6445-8400.
RECOMMENDATION: Award the purchase of one John Deere backhoe to RDO Equipment
Co. in the amount of$58,527.04, including the trade-in value and taxes.
2. APPROVAL OF NEIGHBORHOOD SMALL GRANT AWARD: O'NEIL RANCH
NEIGHBORHOOD ASSOCIATION
SUMMARY: The Neighborhood Partnership "Small Grants Program" was created to serve as
a resource for older neighborhoods to encourage them to seek funding for small-scale
neighborhood improvements, enhancements, and creative "neighborhood building" projects.
As approved by the Mayor and Council, the Small Grants Program requires each eligible
applicant to match at least one-third of the amount requested with any combination of cash,
"sweat equity", and/or donated services or materials. Additionally, grant amounts are
"capped" at$2,500 per grant.
Over the past twelve months, there have been eight small grant-funding opportunities, all of
which have been publicized in program newsletters, media stories, and on the City's Internet
website. Including this grant, five different neighborhoods have applied for and received
small grant funds over the past twelve months.
As a result of the Spring 2000 Funding Cycle, the following Small Grant request was
received:
1. The O'Neil Ranch Neighborhood Association (59th Avenue — 67th Avenue; Bethany to
Camelback Avenues) is requesting $1,138.17 in funds to purchase printing and
duplicating services for a monthly newsletter.
On June 7, 2000, the "Small Grants Subcommittee" of the Citizens' Advisory Commission on
Neighborhoods met and reviewed this request. The subcommittee voted to recommend
approval of the request. The subcommittee then forwarded its recommendation to the full
commission for review and approval.
At its June 7, 2000, regular meeting, the Commission on Neighborhoods unanimously voted
to accept the findings of the subcommittee and recommend them to the Mayor and Council
for formal consideration and approval.
If approved by the Mayor and Council, the total amount of the grant award will be $1,138.17.
The request meets the required one-third neighborhood match requirement of the program.
Funds are available in the Neighborhood Partnership Fund#01-8968-7330.
RECOMMENDATION: Approve the Small Grant request as recommended by the
Commission on Neighborhoods.
3. AWARD OF CONSTRUCTION CONTRACT—HERITAGE PARK BASKETBALL
& CHAPPARAL PARK SAND VOLE FYBALL COURTS
SUMMARY: This is a request for the award of a contract to Carson Construction Company,
Inc. in the amount of $65,050.00 for the construction of a basketball court at Heritage Park
and a sand volleyball court at Chapparal Park. This request is in accordance with the Parks
and Recreation Department's ongoing Parks Improvement Program. These court game
installations are a result of a program undertaken by Parks and Recreation staff where public
meetings were conducted and improvements planned for a number of facilities. New courts
have already been developed at Bicentennial and Pasadena Parks under this effort.
Seven (7) firms were solicited to perform the work with two (2) firms responding on May 31,
2000. Funds for this project are available in the Park Bonds, Park Enhancement Account No.
36-8517-8300.
RECOMMENDATION: Award the construction contract to Carson Construction Company,
Inc. in the amount of$65,050.00.
4. AGREEMENT FOR THE DESIGN OF A MULTI-USE PATHWAY IN THE
THUNDERBIRD PASEO FROM MARSHALL RANCH TO SWEETWATER
(PROJECT 990006)
SUMMARY: This is a request for City Council approval of a professional services
agreement with INCA Engineers, Inc., in an amount not to exceed $58,211.00 for the design
of a multi-use pathway through the Thunderbird Paseo from the Marshall Ranch entrance to
the Sweetwater Road entrance.
The project includes the construction of a multi-use pathway across the diversion channel and
the enhancement of the park area through the addition of park benches and landscaping along
the path. The project will also include the modification of existing drainage, irrigation, and
landscaping. The new path would connect the existing Marshall Ranch Drive bikeway to an
existing bikeway on Sweetwater Road and eliminate a major barrier to the heavily traveled
north-south 55th Avenue transportation corridor bikeway system.
Staff prepared a request for proposals (RFP) in order to obtain the professional services
needed to prepare the construction plans and specifications necessary to construct this
project. The RFP was sent to 13 consulting firms; four firms responded. A team of
employees from the Transportation, Parks and Recreation, and Engineering Departments
reviewed the four proposals and ranked the proposals based on Project Understanding (35%),
Related Experience (30%), Sub-consultants (10%), Cost (15%), and References (10%). After
review of the proposals, staff selected the firm of INCA Engineers, Inc., to perform the
required services. A summary of these rankings is attached.
The basic services in the agreement include design and bidding services. The basic services
are scheduled to be completed within 12 months of the Notice to Proceed.
The fee for the professional services agreement to design and prepare construction plans for
the project is $58,211.00. Funds are available in the Transportation Department's
Intersection Safety Improvements Fund, Account No. 12-6326-7520. Construction funds will
be provided by a Federal grant administered by the Arizona Department of Transportation.
RECOMMENDATION: Approve the agreement with INCA Engineers, Inc., in the amount
of$58,211.00.
5. AWARD OF CONSTRUCTION CONTRACT—GLENDALE AVENUE BRIDGE
OVER AGUA FRIA RIVER; CACTUS ROAD BRIDGE AT ARIZONA CANAL
DIVERSION CHANNEL
SUMMARY: This is a request for City Council award of a construction contract to Bunney's
Inc. in the amount of $69,230.16 for improvements to the Glendale Avenue Bridge over the
Agua Fria River and the Cactus Road Bridge at the Arizona Canal Diversion Channel
(ACDC) .
The existing bridge deck joints on the Glendale Avenue Bridge over the Agua Fria River
have deteriorated. The existing deck joint at the Cactus Road Bridge over the ACDC needs
to be filled with expansion joint filler material to prevent water runoff from eroding the
subgrade under the concrete slab.
Three (3) bids were received and opened on May 24, 2000. Bunney's, Inc. submitted the
lowest bid in the amount of$69,230.16. Engineering Department Staff has reviewed the bids
and the qualifications of the low bidder and recommends award of the contract to Bunney's,
Inc..
Funds for this project are available in the Street Maintenance Account No. 12-6232-8300.
RECOMMENDATION: Award the construction contract to Bunney's, Inc. in the amount of
$69,230.16.
6. INTERLIBRARY LOAN AND CATALOGING SERVICES
SUMMARY: The City has used the services of AMIGOS Bibliographic Council, a non-
profit organization established to supply cooperative interlibrary loan and cataloging for
libraries in the Southwest. AMIGOS is the sole source provider of electronic information
about books and other library materials linked to the national database, OCLC (On-Line
Computer Library Center) for libraries in the Southwest. This database contains over 40
million records in libraries throughout the United States and 62 countries, including all of the
large public, college, and university libraries in Arizona.
Since it is impossible to own all books needed by our patrons, interlibrary loan is the best
means of providing out of print, obscure and specialized materials to our citizens. The
interlibrary loan component increases the availability of library resources to patrons by
enabling libraries to borrow materials from other libraries.
The cataloging component is combined with our automated system to form the basis for the
library's on-line public catalog. Its use allows our staff to access work done by member
libraries instead of manually cataloging items ourselves which would require a much higher
staffing level and add to the time it takes to get materials on the shelf.
RECOMMENDATION: Authorize the City Manager to renew services from AMIGOS
Bibliographic Council for cooperative interlibrary loan and cataloging though the OCLC (On-
Line Computer Library Center) network. The cost for this service is $35,751, and funding is
in the Library Budget for it in FY 2000/01 in account number 01-4510-7740.
7, AWARD OF BID 00-37, CHLORINE
SUMMARY: Two bids were received to provide the City's water treatment plants and
public swimming pools with liquid chlorine. Chlorine is delivered to the City in one ton
containers and in 150 lb. cylinders. In order to obtain a better price, the City of Glendale
contacted the City of Peoria to add their annual chlorine requirements to the Glendale
solicitation. The contract shall begin upon award by the City Council and continue for one
year. The bid specifications contain an option clause that will permit the City, at the
discretion of the City Manager, to extend this agreement for four additional years in one year
increments. Funding is available in Utilities, Plant Operations' budget, accounts 50-6421-
7521, 50-6422-7521, 50-6430-7521, 50-6426-7521 and the Parks and Recreation's operating
budget account #01-6220-7520. The lowest responsive offer was submitted by DPC
Enterprises.
RECOMMENDATION: Award the contract for Liquid Chlorine to DPC Enterprises in an
amount not to exceed $123,100, taxes included.
8. AWARD OF PROPOSAL 00-13, LANDFILL ALTERNATIVE DAILY COVER
SUMMARY: Landfills are required to cover refuse accepted on a daily basis with either soil
or a foam alternative daily cover (ADC) to prevent the emergence of flies and rodents, and to
control odors and minimize blowing litter. The use of an ADC results in an approximate 20
percent savings of valuable airspace at the landfill and extends landfill life by allowing this
space to be used to bury refuse while still complying with local and federal environmental
regulations.
Four proposals were received to provide the landfill with ADC material. The material will be
supplied on an "as needed" basis for a three year period. The proposal contains an option
clause that permits the City, at the discretion of the City Manager, to extend this agreement
an additional two years in one year increments. An evaluation panel consisting of staff from
the landfill evaluated the proposals using specific evaluation criteria which included
compliance with specifications, response times, material loading and storage systems, lost air
space, cost, and references. The offer scored highest by the evaluation committee was
submitted by Rusmar Inc. The cost of the cover material in the original ADC contract
approved by City Council in May of 1995 was $0.09 per square foot. The new contract
reflects a material cost reduction of $0.034 per square foot. Funding is available in the
Landfill Operations Fund account number 55-6235-7520.
RECOMMENDATION: Award the contract for the supply of an ADC to Rusmar Inc., in an
amount not to exceed$260,000 per year, taxes included.
9. CONTRACT AWARD—GLENDALE AVENUE AND 43RD AVENUE BUS BAY
AND GLENN DRIVE CURB RAMP AT 58TH DRIVE
SUMMARY: This is a request to award a construction contract to JMH Company, Ltd, in
the amount of$95,214.25 to construct a bus bay on the north side of Glendale Avenue, west
of 43rd Avenue.
Construction of a bus bay at this location will alleviate traffic congestion in the westbound
curb lane of Glendale Avenue, in the vicinity of the intersection at Glendale Avenue and 43rd
Avenue. A new bus shelter will be constructed to facilitate the bus bay construction and new
landscaping and related irrigation system will be installed.
On May 17, 2000, four (4) bids were received, with JMH Company, Ltd submitting the low
bid in the amount of $95,214.25. A review of the low bidder's proposal and qualifications
revealed that JMH Company, Ltd is qualified and their proposal is deemed to be responsive
to the City's solicitation. Staff recommends award of the contract to JMH Company, Ltd.
The Notice to Proceed for this project should occur on or around July 3rd, 2000, with
construction to be completed within forty-five (45) days of that date. Funds are available in
the 43rd Avenue and Glendale, Bus Pull Out account number 26-8612-8330.
RECOMMENDATION: Award the construction contract to JMH Company, Ltd in the
amount of$95,214.25.
10. FINAL PLAT APPLICATION P-99-06: "VISTA ALEGRE APARTMENTS": 6515
WEST MARYLAND AVENUE
SUMMARY: This is a request by Whitneybell Architects, Inc., for reversion to acreage of
the "Kristi Acres" subdivision and part of Lot 7 of the "Fertile Acres Amended" subdivision
to combine nine lots into one. The site is located on the southeast corner of 65th Drive and
Maryland Avenue.
The north portion of this site is part of Lot 7 of the "Fertile Acres Amended" subdivision
which was recorded in 1946. The southern portion of this site consists of an eight lot
subdivision recorded in 1961 as "Kristi Acres". The applicant proposes to "revert to acreage"
the previously approved plats on this vacant property to create one 3.28 acre lot. The
applicant intends to develop a senior apartment complex under the existing R-4 zoning.
By eliminating the existing plat, the new final plat will result in a larger parcel and provide
more flexibility to meet current City requirements of multi-family residential development.
The final plat is in conformance with the existing R-4 (Multiple Residence) zoning, and the
preliminary plat approved by the Planning Commission on April 20, 2000.
RECOMMENDATION: Approve final plat application P-99-06.
CONSENT RESOLUTIONS
11. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT
OF TRANSPORTATION/MOTOR VEHICI F DIVISION
SUMMARY: The Arizona Department of Transportation/Motor Vehicle Division
(ADOT/MVD) provides a dial-up service to access driver's license, title and registration data.
In order for the City to obtain the data from ADOT/MVD electronically through computers,
the City must enter into an Intergovernmental Agreement with ADOT/MVD. ADOT/MVD
currently has such agreements with the majority of the other Valley cities.
Revenue Recovery is responsible for the collection of delinquent monies owed to the City.
The City has customers that have relocated without paying liabilities owed to the City. The
use of this dial-up service will provide Revenue Recovery with an additional tool for locating
these customers and will help to ensure successful collection of delinquent money owed to
the City.
Per ARS 28-446, ADOT/MVD shall not charge the City a fee for the use of this service.
However, the City will be responsible for purchasing the necessary "secure ID cards"
required for access to the system. These cards cost $56.00 each, and staff plans to purchase
two cards within the next six months.
RECOMMENDATION: Waive reading beyond the title and adopt a resolution authorizing
the entering into an Intergovernmental Agreement with ADOT/MVD for the purpose of
obtaining its data electronically.
12. AGREEMENT WITH THE CITY OF PHOENIX FOR COMPUTER AIDED
DISPATCHING
SUMMARY: This is a renewal of the agreement with the City of Phoenix to provide
Computer Aided Dispatching to the Glendale Fire Department. It is an on-going contract to
continue services for fiscal year 2000/2001. The total cost for this fiscal year will be
$204,892.15, which represents $151,935.00 for basic dispatch services and $52,957.15 for
technical services on the dispatch equipment, automatic vehicle locators and mobile data
terminals.
The dispatching cost for fiscal year 2000/2001 is calculated on a per incident charge of$8.75,
using the number of incidents dispatched in the previous calendar year. Glendale was
dispatched to 17,364 incidents during 1999. Funds are budgeted in the fire department
budget, account#01-3330-7330.
RECOMMENDATION: Waive reading beyond the title and adopt the resolution authorizing
the City Manager to enter into an intergovernmental agreement with the City of Phoenix for
Computer Aided Dispatching services in the amount of $204,892.15 for fiscal year
2000/2001.
13. TRANSFER OF CONTROL OF CABLE LICENSE FROM U S WEST, INC. TO
QWEST COMMUNICATIONS INTERNATIONAL INC.
SUMMARY: On June 22, 1999, the City Council approved the issuance of a 15-year Cable
Television License Agreement (the "Cable License") to U S WEST Communications, Inc.
("USW Communications"). USW Communications is a wholly owned subsidiary of U S
WEST, Inc ("USW Inc.").
In August 1999, as a part of a corporate reorganization, USW Inc. transferred the Cable
License from USW Communications to USW Broadband Services, Inc. ("USW Broadband"),
which is another wholly owned subsidiary of USW Inc. There was no effective transfer of
control of the Cable License as a result of this transfer, because both USW Broadband and
USW Communications are controlled by USW Inc.
After the Cable License was transferred to USW Broadband, USW Inc. and Qwest
Communications International Inc. ("Qwest") entered into a merger agreement. USW Inc.
will be merged into Qwest as a part of the merger, and Qwest will be the surviving
corporation. As a result of the merger, the effective control of the Cable License will be
transferred from USW Inc. to Qwest, although USW Broadband will continue to be the
holder of the Cable License.
In March 2000, USW Broadband and Qwest filed with the City an application for approval of
the transfer of control of the Cable License (Federal Communications Commission Form
394). Under Federal law and Glendale City Code Sec. 10-26, the City is required to act on
this application within 120 days. If no formal action is taken on the application for approval
of transfer of control, the City shall be deemed to have approved the transfer under Federal
law.
Staff has reviewed the application for approval of transfer of control and finds no reason to
deny this application. There should be no material changes in the financial, technical or legal
abilities of USW Broadband to operate its cable system in Glendale or to comply with the
terms of the Cable License as a result of the merger between USW Inc. and Qwest. USW
Broadband will remain subject to the same terms and conditions under the Cable License
after the merger.
RECOMMENDATION: Waive reading beyond the title and adopt a resolution approving the
transfer of control of the Cable License from U S WEST, Inc. to Qwest Communications
International Inc.
BIDS AND CONTRACTS
14. SPRING 2000 NEIGHBORHOOD IMPROVEMENT GRANT REQUESTS
SUMMARY: As part of the City Council's commitment to revitalizing older neighborhoods,
the Mayor and Council established the Glendale Citizens' Advisory Commission on
Neighborhoods to make recommendations on neighborhood enhancement and revitalization
projects. For the Fiscal Year 1999/00, approximately$700,000.00 in general fund money has
been set aside for such projects. Of this amount, approximately$350,000.00 has been made
available to neighborhoods for the Spring 2000 funding cycle. Savings from previously
approved projects and funds remaining from the Fall 1999 grants cycle, bring the total
amount available for the Spring 2000 neighborhood grants process to $466,000.00.
The Commission on Neighborhoods recently concluded a five-week review process of
fourteen neighborhood grant requests, and is recommending thirteen of them, with some
amendments, to the Mayor and Council for approval (each of the approved grants include a
contingency):
1. Ocotillo Rose Neighborhood — $11,220.00 to fully fund the design of sidewalk, curb and
gutter on 60th Avenue from Maryland to Keim, new curbs and gutters on both sides of
59th Drive between Maryland and Marlette and new curbs and sidewalks on the east side
of 61st Avenue, between Maryland and Rose Lane.
2. Glendale Sub-Amended Neighborhood— $15,257.75 to fund the construction of the block
fence adjacent to an alleyway near 51st and Northern Avenues, to prevent vandalism,
trespassing and other security issues that have caused concern in the neighborhood.
3. El Caminito Neighborhood — $62,700.00 to fully fund a meandering sidewalk along the
west side of 4314' Avenue between Northern and Alice Avenue. This will be done in
conjunction with a planned FY 00/01 landscaping project via the City streetscape
improvement program.
4. Casa Campana Homeowners Association —$30,052.99 to fully fund the landscaping of
two medians, improved decorative lighting and monument enhancements at the entryway
of the neighborhood, located at 67th Avenue and Camino San Xavier.
5. Casa De Zia Homeowners Association - $17,077.50 to fund right-of-way landscaping and
pedestrian lighting along 61st Avenue just north of Townley Avenue.
6. Sunburst Farms Homeowners - $169,116.32 to fully fund the landscaping of an existing
equestrian trail located on the west side of 515t Avenue from Greenway to Paradise Lane
7. Bethany Heights Neighborhood - $14,432.00 to fund design work that will develop a
solution to improving the flooding problem that occurs at 47th and Marshal Avenue.
8. Villa Charme Homeowners Association - $15,691.68 to construct two new entry
monuments. One monument will be located at 43rd Avenue and Rancho Drive and the
other located at 43rd Avenue and Montebello Avenue.
9. Wild Horse Ranch Homeowners Association - $40,162.20 to completely landscape the
west side of 58th Avenue between Shaw Butte and Sunnyside Drive along with the west
side of 57th Avenue between Sunnyside Drive and Cactus Road. The project also
includes the redesign of the southwest corner of 57th and Cactus Road to match the other
corners of the Wildhorse Ranch Subdivision.
10. O'Neil Ranch Neighborhood— $5,000 for various landscaping improvements (decorative
granite, plant material, grading) at O'Neil park, which is located at 63rd and Missouri
Avenues.
11. Fountain Shadows Homeowners Association - $10,340.00 to resurface and repair their
internal streets, near 67th and Diana Avenue.
12. Olive Green Villas Homeowners Association - $21,428.70 to stucco and paint its existing
walls and to install landscaping along 61St Avenue between Townley and Golden Lane.
13. Santa Maria Neighborhood - $52,700.56 to fund the construction of replacement
landscaping and irrigation on city right-of-way located on 55th Avenue from Peoria to
Mountain View, 53rd Avenue from Peoria to Mountain View, Peoria Avenue from 53rd to
55th Avenues and Mountain View Road from 55th Avenue east to the elementary school.
The total requested, with contingencies factored, amounts to $465,179.70. Funds for the
Spring 2000 neighborhood grant recommendations are available in account #01-8968-7330
(Neighborhood Projects). This item was reviewed by the Mayor and Council at the June 6,
2000, Council Workshop.
RECOMMENDATION: Approve the Spring 2000 neighborhood improvement grants as
recommended by the Commission on Neighborhoods.
15. PERFORMING ARTS GRANT PROGRAM FUNDING RECOMMENDATIONS
SUMMARY: In January 1996, the City Council approved the Performing Arts Grant
Program to promote and support the performing arts in Glendale. Since its inception the City
Council has authorized funding of 26 Performing Art Grant Programs, totaling $59.,385. This
is the fifth year of the program. A total of 19 grant applications totaling $46,220 were
submitted by the entry deadline of April 3, 2000.
At the May 17, 2000, meeting, the Arts Commission evaluated and scored the grant
applications based on the criteria established in the grant program guidelines. The evaluation
criteria includes: the level of artistic quality, community involvement, affordability and
access; how successfully the project reflects the mission of the organization and its goals and
the need for financial support; the organization's administrative capabilities to assure success
of the project, how innovative the project is for the organization; and the community
involvement of Arizona artists and/or groups.
In order for the Arts Commission to stay within their established budget of $20,000 they
limited organizations and/or artists from benefiting from more than one grant application.
The $20,000 budget is consistent with the last two fiscal years of this program; initially only
$10,000 was allocated for the performing arts.
The Arts Commission recommends funding eight grant requests totaling $19,720. This
amount will be paid out of the 1% public art levy.
Grants recommended for funding are Peoria Unified School District, Apollo High School
Choral, Sahuaro Ranch Foundation, Glendale Public Library, Glendale Community Center,
Challenger Jr. High, Dove of the Desert-United Methodist Church, and Desert Dance
Theatre.
Eleven applications were not recommended for funding because they did not comply with the
application guidelines or rank high enough to merit funding.
RECOMMENDATION: Authorize the City Manager to execute the contracts and documents
to complete the awards.
16. CHANGE ORDER NO. 1 AND FINAL—DOWNTOWN Al J.RY
IMPROVEMENTS, 58TH AVENUE TO 58TH DRIVE
SUMMARY: This is a request for City Council approval of Change Order No.1 and Final in
the amount of $25,362.68 to the contract with Calyber Contracting, Inc., for the Downtown
Alley Improvements, 58th Avenue to 58th Drive project.
Additional work was requested of the contractor to sealcoat the existing parking lot east of
the Sine Building, provide a dust palliative for pedestrians during construction of the
alleyway, and backfill and compact excavation due to the removal of the existing pole and
removal of extra soil from the site. The Contractor was required to demobilize during the
underground of the existing overhead utility lines by Arizona Public Service and remobilize
upon completion. Also included are adjustments to bid item quantities. The amount of the
change order is $25,362.68 resulting in a revised contract amount of$131,895.68.
Funds for this change order are available in the Community Development Block Grant Fund
Account No. 11-8653-8300, Alley Improvements/Economic Development. Engineering staff
has reviewed the costs and found them to be fair and reasonable.
RECOMMENDATION: Approve Change Order No. 1 and Final to Calyber Contracting,
Inc. in the amount of$25,362.68
17. AWARD OF CONSTRUCTION CONTRACT—CIVIC CENTER ALLEE
SUMMARY: This is a request for City Council award of a construction contract to Recon,
Inc. in the total amount of$528,178.83 for the Civic Center Allee Project, which includes the
base bid and Add Alternates Nos. 1 and 3. This project is the renovation and redevelopment
of 57th Drive from Glendale Avenue, north to Glenn Drive as the allee' leading to the front
door of the Glendale Civic Center. These improvements are located within the right-of-way
along 57th Drive between Glendale Avenue on the south and Glenn Drive on the north.
Add Alternate No. 1 in the amount of$93,244.45 is the inclusion of the Downtown Standard
brick sidewalks. The inclusion of Add Alternate No. 1 necessitates the deletion of Bid Item
8, concrete sidewalks in the amount of $43,708.00. Add Alternate No. 3 in the amount of
$56,488.00 is for the realignment, paving and landscaping of the parking lot between the
Wells Fargo Bank and the Bead Museum. Add Alternate No. 2 in the amount of$96,350.00,
for street furniture, namely benches, trash receptacles and bollards, is not recommended for
inclusion. These items are intended to be installed, more economically, at a later date as part
of the Glendale Avenue Aesthetics Improvement Project.
Three (3) bids were received and opened on May 4, 2000 with Recon, Inc., a qualified and
licensed contractor, submitting the lowest bid.
Funds for this project are available in The Allee Account No. 62-9572-8300. A transfer in
the amount of $32,378.83 needs to be made from the Contingency Fund, Account No. 01-
2450-7000 into the project account to fund the total project costs.
RECOMMENDATION: Approve the transfer of funds and award the construction contract
to Recon, Inc. in the amount of$528,178.83.
18. AWARD OF CONSTRUCTION CONTRACT—PARADISE LANE STREET
IMPROVEMENTS
SUMMARY: This is a request for City Council award of a construction contract to J.
Banicki Construction, Inc. in the amount of $306,305.00 for the construction of the street
improvements on the north side of Paradise Lane between 67th and 65`h Avenues. The project
will complete the street improvements including curb, gutter, sidewalk and driveways on the
north side of Paradise Lane. It will also construct storm drain improvements in Paradise Lane
to help mitigate flooding in the Granada Estates subdivision.
Three (3) bids were received and opened on May 24, 2000. J. Banicki Construction, Inc., a
qualified and licensed contractor, submitted the lowest base bid in the amount of
$306,305.00.
Funds are available in the fiscal year 2000/01 budget in two separate fund accounts. To
facilitate payment to the contractor, a transfer in the amount of $200,000 from the Paradise
Lane Storm Drain Account No. 01-9612-8300 needs to be made into the Paradise Lane Storm
Drains Account No. 65-8918-8300.
RECOMMENDATION: Approve the transfer of funds and award the contract to J. Banicki
Construction, Inc. in the amount of$306,305.00.
19. AWARD OF CONSTRUCTION CONTRACT—GLENDALE AVENUE 18"
WATER TRANSMISSION MAIN, 83RD AVENUE TO 99TH AVENUE
SUMMARY: This is a request for City Council award of a construction contract to Hexagon
Contracting in the amount of $1,197,000.00. This project consists of the installation of an
18" water transmission main which will meet future needs for fire suppression demands and
adequate water pressure in the western portions of Glendale. This project also consists of an
asphalt concrete overlay of Glendale Avenue, which was included in the 2000 Pavement
Management Program, and the installation of a fiber optic communications conduit ductbank
in Glendale Avenue from 83`d Avenue to 99th Avenue for future use by the City. This
ductbank will be used for the installation of fiber optic cable that will provide the
communication system for the future computerized traffic signal management system. Also
there will be vacant conduit installed for additional uses, thus reducing the need to excavate
the road.
Eight (8) bids were received and opened on June 8, 2000. Hexagon Contracting submitted
the lowest base bid in the amount of$1,197,000.00. Engineering staff has reviewed the bids
and the qualifications of the low bidder and recommends award of the contract to Hexagon
Contracting.
Funds for the 18" water main, in the amount of$855,128.00, are available in the Water Zone
4 Improvements Account No. 50-9232-8300. The following transfers will need to be made
into the project account to cover the overlay and fiber optic ductbank:
• $247,582.00 from Street Maintenance, Account No. 12-6232-8300 for the asphalt
concrete overlay
• $94,290.00 from Signal Computerization, Account No. 62-8805-8330 for the fiber optic
ductbank
RECOMMENDATION: Approve the transfers of funds and award the construction contract
to Hexagon Contracting in the amount of$1,197,000.00.
20. CHANGE ORDER NO. 1 —WEST AREA AQUIFER RECHARGE FACILITY
SUMMARY: This is a request for City Council approval of Change Order No. 1 to the
contract with PCL Civil Constructors in the amount of $161,886.00. The construction
contract was awarded on September 9, 1999.
The Aquifer Recharge Facility receives treated water from the West Area Water Reclamation
Facility and recharges it into the ground as reclaimed water. Reclaimed water is a valuable
water resource to the City. State law requires water providers, such as the City of Glendale,
to demonstrate a 100-year assured water supply and to reduce groundwater withdrawals.
Reclaimed water is a renewable resource and can be used in place of groundwater. Prior to
the opening of the facility, an aquifer protection permit must be obtained from the State
Department of Environmental Quality. Also, a water storage permit and an underground
storage permit are required by the State Department of Water Resources.
This change order provides for the modification of a groundwater monitoring well designed
for the project and the construction of four additional groundwater monitoring wells as
required by the Arizona State Department of Environmental Quality. This added work is
required as a result of objections received during a public interview period for the
underground and water storage permits. The objections were raised by the Litchfield Park
Service Company over concerns of possible impacts to the groundwater in the area serviced
by their wells. During the design of the project, the potential impacts to the groundwater
were studied and the results indicated that the drinking water aquifer would not be impacted.
The City agreed to the well modifications and agreed to add four additional wells to monitor
the water quality. The addition of these wells satisfied the objections of Litchfield Park
Service Company and they withdrew their objections which allowed the issuance of the
underground and water storage permits.
The amount of this change order is $161,886.00 resulting in a revised contract amount of
$4,438,775.00. Funds are available in the 1999-00 West Area Water Reclamation Project
Account No. 50-9246-8300. Engineering staff has reviewed the costs and found them to be
fair and reasonable.
RECOMMENDATION: Approve Change Order No. 1 to PCL Civil Constructors in the
amount of$161,886.00.
21. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GLENDALE AND
TVI, L.L.P (SOUTHWEST PROPERTIES /INN AT TALAVI)
SUMMARY: This is a request to enter into a development agreement with TVI, L.L.P.
(Southwest Properties) for the completion of an abandoned hotel project at 5511 W. Bell
Road.
Southwest Properties, a local developer and property management company, has purchased
the abandoned hotel out of foreclosure from the project's original investors. Southwest
Properties has committed to fix any existing code violations and complete the 78-room
facility as an upscale limited service hotel catering to business and leisure travelers. The
hotel will feature upgraded rooms in terms of decor and technology services, an enhanced
pool area with additional landscape and water features, and conference meeting space. The
hotel will be named the Inn at Talavi, and is expected to open for business in September
2000.
Currently, $44,000 in unpaid fees exist on this project. In order to enhance the quality and
success of the hotel, Southwest Properties requested relief from outstanding fees. The
development agreement provides for a 50% rebate of future sales tax generated by the project
capped at $44,000. The time frame to meet this cap is five years.
Southwest Properties has had successful experiences with these types of projects, as well as
residential and retail projects throughout the Metropolitan Phoenix Area.
RECOMMENDATION: Authorize the City Manager to enter into a development agreement
with TVI, L.L.P. to provide a sales tax rebate for up to $44,000 within a five-year period.
22. COSTCO WHOLESALE CORPORATION DEVELOPMENT AGREEMENT
SUMMARY: This is a request to enter into a development agreement with Costco Wholesale
Corporation to retain and expand their presence in the city.
Several months ago, the City was informed that the Costco retail store located at 57th Avenue
and Bell Road was scheduled to be closed due to a company-generated market analysis,
which indicated the need to locate stores further east and west of the existing location.
Economic development staff worked with Costco officials to identify and secure a site in the
city. Costco has agreed to construct a 145,000 SF facility and pay all up-front development
costs in exchange for a development agreement which has no negative impact on the city's
existing sales tax revenue and offsets relocation and development-related costs for the
company.
RECOMMENDATION: Authorize the City Manager to enter into a development agreement
with Costco Wholesale Corporation.
PUBLIC HEARING - LIQUOR LICENSES
23. LIQUOR LICENSE NO. 3-711 — PVEN 16623C
SUMMARY: This is a request for a new series 10 (off-sale retail, beer& wine) license for 7-
Eleven 16623C, which is located at 5925 W. Olive Avenue. The previous owner operated
this business as 7-Eleven 16623C and held a series 10 (off-sale retail, beer & wine) license at
this location. A new series 10 license is required for this location because a series 10 license
is not transferable.
The applicant is currently operating this establishment pursuant to an interim permit. The
approval of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were filed during
the 20-day posting period. The applicant was notified by certified mail of the hearing date,
place and time. The Planning Department, the Police Department and the Maricopa County
Health Department have reviewed the application and have determined that it meets all
technical requirements.
RECOMMENDATION: Conduct a public hearing and forward to the Arizona Department
of Liquor Licenses and Control with the recommendation for approval.
24. LIQUOR LICENSE NO. 3-712—HAPPY FOOD STORE
SUMMARY: This is a request for a new series 10 (off-sale retail, beer & wine) license for
the Happy Food Store, which is located at 15224 N. 59th Avenue, Suites 3 & 4. There have
been no prior liquor licenses at this location. The approval of this license will increase the
number of liquor licenses in this area by one.
The establishment is over 300 feet from any school or church. No protests were filed during
the 20-day posting period. The applicant was notified by certified mail of the hearing date,
place and time. The Planning Department, the Police Department and the Maricopa County
Health Department have reviewed the application and have determined that it meets all
technical requirements.
RECOMMENDATION: Conduct a public hearing and forward to the Arizona Department
of Liquor Licenses and Control with the recommendation for approval.
25. LIQUOR LICENSE NO. 3-713 —REGAL WINE COMPANY OF ARIZONA
SUMMARY: This is a request for a new series 4 (wholesaler's) license for Regal Wine
Company of Arizona, which is located at 5061 N. 51st Avenue, Suite 103. There is an
existing series 4 (wholesaler's) license at an adjacent Suite in the same building at 5061 N.
51st Avenue, but that license is held by Crown Wines of Arizona, which is not affiliated with
Regal Wine Company. The approval of the Regal Wine Company's application will increase
the number of liquor licenses in this area by one.
The establishment is over 300 feet from any school or church. No protests were filed during
the 20-day posting period. The applicant was notified by certified mail of the hearing date,
place and time. The Planning Department, the Police Department and the Maricopa County
Health Department have reviewed the application and have determined that it meets all
technical requirements.
RECOMMENDATION: Conduct a public hearing and forward to the Arizona Department
of Liquor Licenses and Control with the recommendation for approval.
26. LIQUOR LICENSE NO. 3-710—MAX'S RESTAURANT & SPORT'S LOUNGE
SUMMARY: This is a request for a new series 12 (restaurant) license for Max's Restaurant
& Sports Lounge, which is located at 6727 N. 47th Avenue. The applicant has also applied
for a transfer of the existing off-track betting establishment license at this location, which is a
separate item on tonight's agenda.
The previous owner operated this business Max's Restaurant & Sports Lounge and held a
series 12 (restaurant) license at this location. A new series 12 license is required for this
location because a series 12 license is not transferable. The applicant is currently operating
this establishment pursuant to an interim permit. The approval of this license will not
increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were filed during
the 20-day posting period. The applicant was notified by certified mail of the hearing date,
place and time. The Planning Department, the Police Department and the Maricopa County
Health Department have reviewed the application and have determined that it meets all
technical requirements.
RECOMMENDATION: Conduct a public hearing and forward to the Arizona Department
of Liquor Licenses and Control with the recommendation for approval.
OFF-TRACK BETTING LICENSE
27. OFF-TRACK BETTING ESTABLISHMENT LICENSE NO. 4-2038 —MAX'S
SPORTS BAR
SUMMARY: This is a request for a person transfer for an off-track betting ("OTB")
establishment license for Max's Sports Bar, which is located at 6727 North 47th Avenue. The
applicant is Max's Sports Bar L.L.C. The applicant has also applied for a Series 12
(restaurant) liquor license at this location, which will replace the existing liquor license. The
liquor license application is a separate item on tonight's agenda.
The original OTB license at this location was approved by the City Council in 1991. There
have been four transfers or repossessions of the OTB license from 1991 to the present, but an
OTB license has remained in use at this location throughout this period. The City Council
approved the last transfer of the OTB license to Jerry and Laura Ghan in January 1997.
The applicant has written agreements with Turf Paradise, Inc., Prescott Downs and the
Phoenix Greyhound Park authorizing it to provide OTB at this location. The applicant's
operating plan, security plan and parking plan are essentially the same as the previous
owners' plans. Overflow parking will continue to be provided at the Arizona Automotive
Institute, which is located at 6829 North 46th Avenue.
The City has issued a provisional permit to the applicant, pursuant to Glendale City Code
Section 5-57, that authorizes the applicant to operate the OTB establishment for 90 days
while its transfer application is pending. The provisional permit will expire on August 22,
2000 and cannot be extended.
This establishment is located over 300 feet from any school or church. The Planning
Department, the Police Department, the Building Safety Department, the Fire Marshall and
the Tax and License Division have reviewed the application and determined that it meets all
technical requirements.
RECOMMENDATION: Approve the transfer of the OTB license from Jerry and Laura Ghan
to Max's Sports Bar L.L.C.
LAND DEVELOPMENT ACTIONS
28. REZONING APPLICATION Z-99-30: 6776 NORTH 79TH AVENUE
SUMMARY: This is a request by CoreGroup Consultants for Waldie Trust and Rad
Vucichevich to rezone from R-3 (Multiple Residence) to R1-6 (Single Residence) on 4.9
acres located at the northwest corner of Ocotillo Road an 79th Avenue.
This is an infill parcel. The proposed R1-6 zoning is consistent with the 3.5-5 dwelling units
per acre land use designation shown on the General Plan. The proposed rezoning will result
in a reduction of the permitted dwelling units from 78 units to approximately 19 units. The
R1-6 zoning is also compatible with the existing development within the adjacent Chaparral
Country Amended and Meadows at Independence subdivisions.
On May 4, 2000, the Planning Commission unanimously approved Z-99-30 subject to two
stipulations. One person spoke at the Planning Commission public hearing and stated
concerns regarding density, street widths, and stormwater drainage for the separate
preliminary plat application. The companion preliminary plat for "Ponta Estates" has been
filed with the City of Glendale, but has not yet been scheduled for hearing.
The R1-6 zoning district requires that one of four findings be met prior to approval of R1-6
zoning. This application meets two of the findings. The property is a small parcel within a
developed neighborhood with barriers that preclude expansion of development, and the
rezoning will result in a significant reduction of future dwelling units permitted on the
property.
RECOMMENDATION: Conduct a public hearing and approve Z-99-30, subject to the two
stipulations recommended by the Planning Commission.
29. GENERAL PLAN AMENDMENT GP-00-03 AND REZONING APPLICATION Z-
00-05: 7575 NORTH 75Th AVENUE
SUMMARY: This is an application by MNM Holdings, LLC, to amend the General Plan
from Light Industrial to Single Family, 3.5-5 dwelling units per acre, and to rezone from M-1
(Light Industrial) to R1-6 (Single Residence). The 2.38-acre parcel is located at the southeast
corner of 75th Avenue and Carole Lane in the Glendale Business Park.
The property was originally developed as a plant nursery which still exists and is a legal non-
conforming use. A church is currently using a portion of the property. Churches are not
permitted in the M-1 district. The owners are applying for the General Plan amendment and
rezoning in order to legalize the use. If these requests are approved, the applicant will apply
for a Conditional Use Permit for the church and a school at a later date.
The proposed General Plan amendment is inappropriate in this area. The entire area between
67th and 75th Avenues, and Orangewood and Northern Avenues is shown as Light Industrial
on the General Plan and is included in the North Grand Employment Center. The Glendale
Business Park is a viable park that should be protected and reserved for employment uses.
Single family land uses are inappropriate in an area that accommodates uses such as tool and
die shops, heavy equipment rental and storage, and a slaughterhouse. There are few areas of
the City that can accommodate such uses, whereas a wide variety of alternative locations are
available for churches.
The proposed R1-6 zoning is also not compatible with the existing industrial zoning on the
properties to the north and east. Single family uses should be protected from the types of
uses allowed in the M-1 district. In addition, the proposed R1-6 zoning does not meet the
required findings for approval included in the R1-6 zoning district regulations.
At its hearing on May 4, 2000, the Planning Commission recommended denial of GP-00-03
and Z-00-05. Two people spoke in opposition to the applications at the hearing. In addition,
the Planning Department received eight letters and five phone calls in opposition to the
requests.
RECOMMENDATION: Conduct a public hearing and deny GP-00-03 and Z-00-05.
30. PLANNED AREA DEVELOPMENT ZONING AMENDMENT Z-00-03: 5902
WEST PEORIA AVENUE
SUMMARY: This is an application by Michael J. Curley for Univest Treasury of Arizona to
amend the existing PAD (Planned Area Development) zoning on a 15.9-acre property located
at the northwest corner of 59th Avenue and Peoria Avenue. The property is part of an 80-acre
parcel that was rezoned in 1985 for a mix of single residence development, multiple
residence development, office, and neighborhood commercial. All of the residential
properties have been developed. The commercial and office sites are vacant. The location of
this proposed amendment is the neighborhood commercial site. The applicant intends to
develop a 148,632 square foot center on the site, including a Home Depot and an Osco drug
store.
The request would make three revisions to the existing zoning: 1) revise the permitted land
uses to allow a retail center with a large, community-level retail use; 2) revise the
development plan for the center to restrict access to adjacent local streets; and 3) allow 60`h
Avenue to be constructed without a landscaped median. The applicant has provided a detailed
Development Master Plan and narrative which shows the locations of buildings, access
points, landscaping, and screening on the site and defines land uses and development
standards for the proposed retail center. The applicant's narrative also includes performance
standards that address some of the concerns that have occurred with large retail users in other
centers, such as hours of operation, outdoor vendors, outdoor storage of materials, and
delivery times.
The uses allowed by the proposed amendments are consistent with the character of the area.
The use list is very similar to the uses allowed by the SC (Shopping Center) zoning district.
Uses such as auto repair, outdoor recreation, and auto sales that are allowed in the C-2
(General Commercial) zone are not permitted. The PAD will also prohibit convenience uses,
except for drugstore pharmacy drive-thru's. The proposed PAD amendment will allow a
home improvement store, but this proposal includes provisions that ensure the home
improvement store has the characteristics of a retail store rather than a lumber yard or a
warehouse, by prescribing performance standards for the use. These provisions include
requirements that the home improvement store will not keep materials outdoors, will restrict
its hours of operation, and will unload materials only in designated areas. The proposal also
ensures compatibility of the home improvement store with the neighborhood by restricting
access to neighborhood streets, providing a 12-foot screen wall behind the store, and
providing extensive landscaping between the store and 60th Avenue.
The applicant is also proposing to revise the existing PAD development plan to restrict access
from local streets. This is an improvement over the existing plan. The proposed plan ensures
that traffic will not be able to use neighborhood streets to get to the center. The applicant
will be required to complete 60th Avenue adjacent to the site, add deceleration lanes to 59th
and Peoria Avenues, and install a traffic signal at the intersection of 59th Avenue and Mercer
Lane.
On June 1, 2000, the Planning Commission voted to recommend approval of this application.
Eleven people spoke at the hearing; four in support and seven against.
The Planning Commission's recommendation included five stipulations. The applicant has
revised the plan and narrative to incorporate two of these stipulations (numbers 3 and 4) since
the Commission hearing. Stipulation #3 prohibited the outdoor sale and display of plants
during the spring and fall. Stipulation #4 required that the driveway on Mercer Lane be
designed to be right turn out only. Since the application has been revised to incorporate these
provisions, stipulations 3 and 4 are no longer necessary.
RECOMMENDATION: Conduct a public hearing and approve Rezoning Application Z-00-
03 subject to the Planning Commission's recommended stipulations numbers 1, 2, and 5.
ORDINANCES
31. IMPACT FEE ORDINANCE ADOPTION
SUMMARY: Impact fees are one time charges to developers that are used to offset the costs
resulting from new development. In 1994 the City undertook an impact fee study that was
completed and implemented on February 1, 1997. At that time the Council requested that the
fees be revisited and updated every three years. In July 1999 the Council approved the
selection of Tischler& Associates to review the work done in the previous study.
On March 21, 2000, the City Council reviewed the recommendations of the consultant and
directed staff to bring the new ordinance forward for adoption. Arizona State Law requires
that prior to increasing impact fees that the City follow several required steps. On April 11
the City passed a resolution stating the City's intent to increase impact fees which completed
the first step. The City published a notice in the Glendale Star on April 14 setting the date of
a public hearing on June 6, which completed the second step. The City held a public hearing
on June 6, completing the third step. Tonight is the fourth and final step in the process, the
adoption of an ordinance changing the fees. Several minor changes have been made to the
fees after reviewing comments received during the review period. The total effect is a
reduction in the fees discussed on March 21 by $80 for a single family detached home. The
revised report shows that the new fees adopted by this ordinance would total $6982.
Staff has been notifying developers of the increase in fees for several months in each
preapplication and application meeting. Staff also provided copies of the study to the Home
Builders Association of Central Arizona, the Arizona Multifamily Housing Association, and
the Valley Partnership for review and comment. The Home Builders Association provided
review comments that the consultant has addressed and corrected.
RECOMMENDATION: Waive reading beyond title and adopt the ordinance making the
effective date of the new rates Monday September 25, 2000.
32. FISCAL YEAR 2000-2001 PROPERTY TAX LEVY
SUMMARY: As part of the city's budget process, the total property tax rate for the City of
Glendale Fiscal Year(FY) 2000-01 is $1.72/$100 of assessed property value. This rate is one
cent lower than last year's rate of $1.73/$100, and this is the sixth consecutive year that the
property tax has been lowered. The primary property tax rate of $0.38/$100 is estimated to
generate $3,167,000, which is used for general city operating purposes as part of the city
budget. In addition, the secondary property tax rate of$1.34/$100 will generate an estimated
$11,816,404 next year solely for the purpose of paying principal and interest on general
obligation bonds. Current outstanding bonds are for public improvements that have been
completed or are in progress, including: land acquisition for parks, libraries, public safety
and field operations facilities, park development, streetlights, and landscaping and flood
control projects.
RECOMMENDATION: Waive reading beyond the title and adopt the ordinance setting the
FY 2000-01 primary property tax rate at$0.38 and the secondary property tax rate at $1.34.
33. FISCAL YEAR 1999-00 BUDGET AMENDMENTS
SUMMARY: During the course of Fiscal Year (FY) 1999-00, some changes in operation
took place, which were not anticipated in the preparation of the 1999-00 budget. The changes
described in this budget amendment will transfer funds to the appropriate department and line
item so that they are properly reflected in the budget records.
The first change was necessary to reimburse the Contingency Fund for funds used for the
grant for Habitat for Humanity. The funds in the amount of $100,000 were used to enable
Habitat to acquire the lots they needed for the November Blitz Build project. The remainder
of the changes were done as a result of the FY 1999 carryover reconciliation process. When
departments prepared their FY 1999-00 budgets, they estimated the amount of carryover
savings they would have. At the end of the fiscal year, the Budget Department reconciled
each department's actual savings with their estimated carryover and then increased or
decreased their budget to match their actual savings.
Carryover reconciliation transfers to or from the Contingency account do not have any effect
on the actual contingency fund balance because additional carryover increases the
contingency fund balance at the beginning of the year above what has been budgeted.
RECOMMENDATION: Waive reading beyond the title and adopt an ordinance on the FY
1999-00 budget amendments.
34. SALE OF CITY PROPERTY AT BETHANY HOME ROAD AND 58TH AVENUE
SUMMARY: At its May 30, 2000 regular meeting, City Council adopted Ordinance No.
2142 New Series, authorizing the sale to the highest bidder of a City-owned parcel consisting
of approximately 8 acres of industrially zoned land located between Bethany Home Road on
the south, Rose Lane on the north, 57th Drive on the east, and 58th Avenue on the West.
The highest bidder, Harley Smith for 397875 BC Ltd., has subsequently withdrawn its offer,
as it has a right to do during the due diligence period. As a result, the City may now approve
the sale of the property to the second highest bidder, Jewel Investment Company. Jewel's bid
is $1.61 per square foot of net useable land or approximately $520,543.59. Jewel proposes a
30-day due diligence period, during which it will review the preliminary title report, the
American Land Title Association (ALTA) survey and Phase 1 Environmental Site
Assessment for the property, and discuss potential development of the site with appropriate
City staff. Jewel proposes a close of escrow on or before October 12, 2000.
RECOMMENDATION: Waive reading beyond the title and adopt an ordinance rescinding
Ordinance No. 2142 New Series, and authorizing the City Manager to sign all documents
necessary to complete the sale of property to Jewel Investment Company.
RESOLUTION
35. TESS COMMUNICATIONS, INC. —TELECOMMUNICATIONS SERVICES
LICENSE AGREEMENT
SUMMARY: This is a request by TESS Communications, Inc. ("TESS") for a
telecommunications ("telecom") license. TESS, which is based in Colorado, intends to offer
competitive telecom and video services to its customers, including local and long-distance
telephone service, high-speed data service and video (cable) programming.
This agenda item deals with TESS' request for a license that will authorize it to provide
telecom, but not video, services. Staff is studying TESS' request for a video license, and a
separate video license may be brought to Council for direction and action at a later date.
TESS intends to offer telecom services primarily by leasing lines from U S WEST or other
providers that own telecom facilities in the right-of-way. Where necessary, TESS will
construct its own facilities in the right-of-way to connect customers to its leased lines.
TESS has plans to immediately provide telecom services to one subdivision in Glendale — in
particular, the Desert Mirage Estates near 83`d Avenue and Maryland Avenue. Dietz-Crane
Homes, the developer of this subdivision, has entered into an exclusive agreement with TESS
to promote TESS' provision of telecom services to the subdivision. Desert Mirage Estates is
not presently being served by U S WEST or any other wireline service provider, and TESS is
offering wireless communications service to the subdivision on a temporary basis while its
request for a telecom license is pending.
TESS hopes to offer telecom services to other areas in Glendale and the Phoenix area, but it
does not have plans to immediately serve any area in Glendale other than the Desert Mirage
Estates. The only other area in the Valley that TESS has definite plans to serve is a 1600-
home subdivision near El Mirage.
The proposed License Agreement with TESS contains the following major provisions:
• The license will be effective for a period of five years, commencing on July 1, 2000.
• TESS will be authorized to construct telecom facilities and to provide telecom services
only if it is in full compliance with all Federal and State regulations, including conditions
contained in the Certificate of Convenience and Necessity ("CC&N") granted to TESS by
the Arizona Corporation Commission. TESS must comply with 18 stipulations or
conditions contained in its CC&N, including the following:
1. TESS must obtain an interconnection agreement with U S WEST to offer local exchange
services.
2. TESS must pursue permanent telephone number "portability" arrangements with other
local carriers.
3. TESS must abide by the quality of service standards that apply to U S WEST.
4. TESS must certify that all issues associated with the provision of 911 services have been
resolved.
5. TESS must post a bond equal to a minimum of 120 days' intrastate telecom revenue and
any prepayments and deposits collected from TESS' customers.
6. TESS must file an application with the Corporation Commission order to discontinue
service, and TESS must give 60 days' notice to customers prior to filing an application to
discontinue service.
• TESS will be authorized to construct and operate telecom facilities only to serve the
Desert Mirage Estate subdivision. The Council will have to approve any expansion of
TESS' services requiring the use of additional right-of-way.
• TESS will pay a license fee, based on $0.72 per linear foot of right-of-way occupied by its
facilities, to the maximum extent permitted under State law.
• TESS will comply with the same construction, insurance, indemnification and bond
requirements that other telecom providers in the City are required to follow for their use
of the right-of-way. These requirements include a $20,000 general performance bond
separate from the bond posted for the Corporation Commission, as well as additional
construction bonds.
Under Federal and State law, the City cannot erect "barriers to entry" that effectively prohibit
a new telecom provider such as TESS from using the right-of way. TESS obtained a CC&N
from the Arizona Corporation Commission on April 28, 2000 that approved '1'ESS'
application to provide competitive telecom services in Arizona and that set forth conditions
with which TESS must comply in order to offer such services. 1ESS is presently in
compliance with all terms and conditions of the CC&N.
RECOMMENDATION: Waive reading beyond the title and adopt a resolution authorizing
the City Manager to execute the Telecommunications Services License Agreement with
TESS Communications, Inc., based on the successful meeting of the stipulations noted.
BOARDS AND COMMISSIONS
36. BOARDS AND COMMISSIONS
SUMMARY: Appointment is to be made to the following commissions that have vacancies
or expired terms.
Effective Term
Date Expires
Arts Commission
Judy Atkins (Cactus) Re-appointment 08/24/2000 8/23/2002
Board of Adjustment
Ann Ransom (Barrel) Appointment 07/01/2000 06/30/2002
Daniel F. Drew (Cactus) Re-appointment 07/01/2000 06/30/2002
Richard Gitelson (Sahuaro) Re-appointment 07/01/2000 06/30/2002
Building Safety Advisory and Appeals Board
Richard DeFranco (At-Large) Re-appoint as Chair 08/27/2000 08/26/2001
Richard DeFranco (At-Large) Re-appointment 08/27/2000 08/26/2002
R. Andrew Dewey (At-Large) Appointment 08/27/2000 08/26/2002
Ron Prothero (At-Large) Appointment 08/27/2000 08/26/2002
Citizen's Commission on Neighborhoods
Jerry Bernsten (Barrel) Appoint as Vice-Chair 07/01/2000 06/30/2001
Terrence Arnold (At-Large) Appointment 07/01/2000 06/30/2002
Edward Luiszer (Mayoral) Appointment 07/01/2000 06/30/2001
Commission on Persons With Disabilities
Glenn Holliday (Cactus) Appointment 06/27/2000 02/27/2002
Stan Grossman (Cholla) Appointment 06/27/2000 02/27/2002
Community Development Advisory Committee
Ray Weinstein (Cactus) Re-appointment 07/01/2000 06/30/2002
John Turbridy (Mayoral) Appointment 07/01/2000 06/30/2001
Housing Advisory Commission
Lillie Ojala (At-Large) Re-appointment 07/01/2000 06/30/2002
Lillie Ojala (At-Large) Re-appoint as Chair 07/01/2000 06/30/2001
Rita Vacca (At-Large) Appointment 07/01/2000 06/30/2002
Industrial Development Authority
Steve Hamden (At-Large) Re-appointment 08/24/2000 08/23/2006
Library Advisory Board
Anna Rea (Barrel) Appointment 06/27/2000 04/13/2002
Winnifred Kultala (Cholla) Appointment 06/27/2000 04/13/2002
RECOMMENDATION: Make appointments to the various Boards and Commissions.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
CITIZEN COMMENTS
COUNCIL COMMENTS AND SUGGESTIONS
ADJOURNMENT