HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/12/2000 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, SEPTEMBER 12, 2000, AT 7:00 P.M.
The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston
and the following Council members present: Clark, Frate, Goulet, Lieberman, and
Martinez.
Also present were Martin Vanacour, City Manager; Ed Beasley, Assistant City
Manager; Gary Verburg, Interim City Attorney; and Pamela Oliveira, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDLE CHARTER
A statement was filed by the City Clerk that 12 of the 13 resolutions and the 2
ordinances to be considered at the meeting were available for public examination and
the title posted at City Hall more than 72 hours in advance of the meeting. Resolution
No. 3411 New Series was posted at City Hall more than 24 hours in advance of the
meeting.
Mayor Scruggs welcomed the 22 students from Mrs. Schmidt's government class
at Ironwood High School who were in attendance: Angela Baxter, Jennifer Bell, Jessica
Bergfield, Thien Cao, Mindy Cerreta, Mili Choi, Patrick Cooper, Kristin I-luschen, Kelsie
Marcum, Mandy McCarty, Meryt Meeker, Lindsey Miller, Jessica Morris, Duy Pham,
David Pinkerton, Matthew Rogers, Daniel Rosenberg, Brian Schlieter, Brian Slagle,
Blair Springer, Rachel Wirth, and Jeffrey Yaeger.
APPROVAL OF THE MINUTES OF JULY 25, 2000
It was moved by Lieberman, and seconded by Clark, to dispense with the
reading of the minutes of the regular Council meeting held on July 25, 2000, as
each member of the Council had been provided copies in advance, and approve
them as written. The motion carried unanimously.
PROCLAMATIONS AND AWARDS
FIRE PREVENTION WEEK PROCLAMATION
The week of October 2 through 8, 2000, is being designated as Fire Prevention
Week across the United States. The purpose of the week is to remind citizens of the
importance of fire prevention at home, work and school. This year's theme is "Fire:
What You Don't Know....Can Kill You!" Fire Prevention activities will start in Glendale
with the Annual Fire Prevention Day Parade on Saturday, October 7, 2000.
1
This week is supported by the Arizona Fire and Burn Educator's Association, the
National Fire Protection Association, the International Association of Fire Chiefs, the
International Association of Fire Fighters and the Fire Marshal's Association of North
America.
Fire Department personnel were present at the meeting for the Mayor's reading
and presentation of the proclamation. The Mayor and Council called upon the people
of Glendale to participate in fire prevention activities at home, work and school.
Mayor Scruggs proclaimed the week of October 2 — 8, 2000 as Fire
Prevention Week in Glendale, Arizona. She presented a proclamation to City of
Glendale Fire Department clowns, Patches (Ms. Patty Frey) and Steamer (Mr. Matt
Bender).
Ms. Frey thanked the Mayor and Council for the proclamation. She said that the
Fire Department takes fire and life safety seriously and Fire Prevention Week is a
reminder to all how important safety education is. She explained that October 9 was
chosen because it marks the anniversary of the great Chicago fire of 1871 , which killed
250 people, destroyed 17,430 buildings, and cost $168 million. She said that President
Woodrow Wilson first proclaimed Fire Prevention Day on the 40th anniversary of the
Chicago blaze. She explained that in 1922, on a recommendation from a member of
the National Fire Protection Association, and with a unanimous vote, the fire safety
observance was extended to cover the entire week, including the October 9t
anniversary. She stated that fire prevention is everyone's responsibility and she
encouraged people to invest in smoke alarms, maintain them, and create and practice a
home escape plan.
MIKE BLAIRE FIRE INVESTIGATOR OF THE YEAR AWARD
The Arizona Chapter of the International Association of Arson Investigators has
selected Mr. Mike Blaire as the recipient of the Fire Investigator of the Year Award for
1999.
Mr. Blaire has been an employee with the City of Glendale Fire Department for
fifteen years. In 1998, Mike became the first City of Glendale Deputy Fire Marshal to
become an Arizona Peace Officer Standard and Training (APOST) Certified Police
Officer for the purpose of conducting investigations for the crime of arson.
Deputy Fire Marshal Mike Blaire has coordinated with the Glendale Police
Department to use the Computer Handled Information for Public Safety (CHIPS)
system for tracking the crime of arson and has written field-by-field protocol
requirements for fire investigations. Mr. Blaire represents the Glendale Fire Department
on the Maricopa County Arson Task Force and has worked with the County Attorney to
establish minimum requirements for submitting an arson case to the County Attorney's
Office. He also maintains his APOST certification as a member of the Glendale Police
Department Reserve Unit.
Mayor Scruggs presented a proclamation to Mr. Mike Blaire in recognition
of his award as International Association of Arson Investigators Fire Investigator
of the Year for 1999.
Mr. Blaire thanked the Mayor and Council. He stated that credit should go to Mr.
Brooke Edwards, the City of Glendale Fire Chief; the Glendale Police Department; and
other investigators.
CONSTITUTION WEEK PROCLAMATION
Our Founding Fathers did ordain and establish a Constitution for the United
States of America. It is of the greatest importance that all citizens fully understand the
provisions and principles contained in the Constitution in order to effectively support,
preserve, and defend it against all encroachment. The two hundred thirteenth
anniversary of the Signing of the Constitution provides an historic opportunity for all
Americans to realize the achievements of the Framers of the Constitution and the
rights, privileges, and responsibilities it affords. The independence guaranteed to
American citizens should be celebrated by appropriate ceremonies and activities during
Constitution Week, September 17 through September 23, 2000, as designated by this
proclamation.
Mayor Scruggs presented a proclamation, designating September 17
through 23, 2000 as Constitution Week, to Valley Forge Foundation
representatives, George Washington (Mr. Bill Brauek) and Martha Washington
(Ms. Barbara Dianes).
Mr. Brauek and Ms. Dianes thanked the Mayor and Council for the proclamation.
PRESENTATION OF PLAQUES OF APPRECIATION FOR MEMBERS OF THE ARTS
COMMISSION
Georgia McCoy, Michael Bailey, and Martha Dove recently completed their
service on the Glendale Arts Commission. The purpose of this Commission is to act in
an advisory capacity to the City Council on the development and expansion of public art
in the City of Glendale.
Georgia McCoy served on the Arts Commission from March of 1996 to August of
2000. Michael Bailey served on the Commission from September of 1996 to August of
2000. Mr. Bailey was Vice Chair for one year, Fiscal Year 1998-99. Martha Dove
served on the Commission from August of 1998 to August of 2000.
During their collective tenure on the Arts Commission, with the support of the
Mayor and City Council, they acquired 11 works of arts for a total investment of
$502,800. The most notable include: bronze sculptures — "Ace," "Crocodile Dandy,"
"Picture Books,"and "Frog Legs;"the brick sculpture, "A Tribute to Firefighters,"by Jay
Tschetter; the "Magic Doors," by Kathy Bradford; and the chandelier "The Sun and The
3
Moon" by world renowned artist, Dale Chihuly. An additional 31 paintings, valued at
over $25,000, were purchased at the Glendale Arts Council Annual Juried Art Show.
Also, noteworthy is the expansion of the Performing Arts Grant Program which
was initiated in Fiscal Year 1996/97. In the last four years, 34 grants were awarded to
organizations and artists for programs in theatre, dance and music, for a total of
$79,105.
These commissioners have spent numerous volunteer hours reviewing artists'
résumés, slides, and concept plans, visiting art galleries, and attending special
meetings, dedications, and open houses. They are to be commended for their
commitment, dedication, and contributions to the art and cultural development of the
City of Glendale.
Mayor Scruggs acknowledged Ms. Georgia McCoy, Mr. Michael Bailey, and
Ms. Martha Dove for their outstanding service to the Arts Commission. She
presented a plaque to Ms. McCoy and Mr. Bailey. Due to medical reasons, Ms.
Dove was unable to attend the meeting to accept her plaque.
Ms. McCoy thanked Mayor Scruggs for appointing her to the Arts Commission.
She stated that it had been an honor and a privilege to represent the residents of the
City of Glendale. She also thanked former Chairperson of the Committee, Ms. Judy
Olson; the Arts Commission members; and Commission staff liaison, Mr, Wayne
Baxter, for their support.
Mr. Bailey thanked the Mayor and Council for having been given the opportunity
to serve on the Commission. He said that the West Valley has gone through a
renaissance in terms of both visual and performing arts. He also thanked fellow
Commissioners and Mr. Wayne Baxter.
CONSENT AGENDA
Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through
16 by number and title.
CONSENT AGENDA
1. FINAL PLAT APPLICATION P-97-13 "PARK PASEO": 7103 WEST BELL
ROAD -----
This was a request by Sage Engineering for final plat approval for a subdivision
titled "Park Paseo". The site is located south of Bell Road, west of 70th Lane. The
subdivision includes 166 single-family lots on 55.16 acres, at a density of 3.01 dwelling
units per acre. Lots range in size from 6,050 square feet to 19,794 square feet. The
minimum lot width is 55 feet.
4
The final plat is in conformance with the R1-6 PRD zoning and the preliminary
plat approved by the Planning Commission on February 18, 1999. All stipulations of
the preliminary plat have been satisfied.
The recommendation was to approve Final Plat Application P-97-13.
2. FINAL PLAT APPLICATION P-99-03 "VILLAGE SERENO": 8622 NORTH 59TH
AVENUE
This was a request by AMTEC Development, L.L.C. for final plat approval for a
condominium development titled "Village Sereno". The site is located at the southwest
corner of 59th Avenue and the Alice alignment. The subdivision includes 93
condominiums on 7.7 acres, at a density of 12.0 dwelling units per acre. Floor plans
range in size from 1,061 square feet to 1,400 square feet.
The final plat is in conformance with the R-4 zoning and the preliminary plat
approved by the Planning Commission on September 16, 1999. All stipulations of the
preliminary plat have been satisfied.
The recommendation was to approve Final Plat Application P-99-03.
3. FINAL PLAT APPLICATION P-99-05 "CACTUS COVE": 12403 NORTH 61sT
AVENUE
This was a request by Landmark Engineering, Inc. for final plat approval for a
subdivision titled "Cactus Cove", formerly called "Twin Palms 2". The site is located at
the northeast corner of 61St Avenue and Cactus Road. The subdivision includes 28
single-family lots on 11 .8 acres, at a density of 2.36 dwelling units per acre. Lots range
in size from 8,561 square feet to 18,606 square feet. The minimum lot width is 65.32
feet.
The final plat is in conformance with the R1-6 zoning and the preliminary plat
approved by the City Council on appeal on March 28, 2000. All stipulations of the
preliminary plat have been satisfied.
The recommendation was to approve Final Plat Application P-99-05.
4. FINAL PLAT APPLICATION P-00-09 "DESERT GLEN ESTATES": 761.6 WEST
GLENDALE AVENUE
This was a request by Landmark Engineering, Inc. for final plat approval for a
subdivision titled "Desert Glen Estates". The site is located at the northeast corner of
77th Lane and Glendale Avenue. The subdivision includes 23 single-family lots on 6.6
acres, at a density of 3.5 dwelling units per acre. Lots range in size from 6,151 square
feet to 7,638 square feet. The minimum lot width is 60 feet.
5
The final plat is in conformance with the R1-6 PRD zoning and the preliminary
plat approved by the Planning Commission on June 1, 2000. All stipulations of the
preliminary plat have been satisfied.
The recommendation was to approve Final Plat Application P-00-09.
5. EMERGENCY REPAIR AND REHABILITATION OF ARROWHEAD WELL 22
Arrowhead Well 22 is a twenty-five year old well owned by the City of Glendale
and leased to the Arrowhead Amenities Board. The water from this well is primarily
used by the Amenities Board to fill lakes and water the green belts surrounding the
Arrowhead Country Club. Under terms of the lease agreement, the City of Glendale
uses water from Arrowhead Well 22 to meet the City's potable water needs during peak
days. During the months of May through September, the City of Glendale uses
Arrowhead Well 22 extensively, as does the Amenities Board.
On May 10, 2000, City staff operated Arrowhead Well 22 to draw samples for
State-mandated water-quality testing. Shortly after starting the pump, the equipment
developed a loud noise and was immediately shut down. It was found that a solenoid
valve on the lube oil system had failed, thereby damaging the pump motor.
Due to the importance of Arrowhead Well 22, it was determined that repairs
should not be delayed. The Weber Group, a company specializing in well rehabilitation
and repair, was called to assess the situation and make necessary repairs. The Weber
Group removed and disassembled the pump. Inspections revealed excessive wear on
many of the pump bearings.
The rehabilitation included replacement of 440 feet of inner column pipe, a
complete wire brushing of the outer well casing pipe to clear the perforations, and the
complete over-haul of the pump motor. The City of Glendale's responsibility to provide
24-hour water service to its citizens required the immediate repair of Arrowhead Well
22, which was authorized by the City Manager at the time. This Council action will
approve the repairs that have been completed.
Funds for these repairs are available in Account Number 50-6423-7450.
The recommendation was to authorize the expenditure of taxes
p $65,595.92,
included, to the Weber Group for the repairs to and rehabilitation of Arrowhead Well 22.
6. ACCELERATION OF TRAFFIC SIGNAL IMPROVEMENTS AT LUKE AIR
FORCE BASE NORTH AND SOUTH GATES
This was a request for funding for the installation of traffic signal equipment at
two intersections shared between the City and Luke Air Force Base. The City of
Glendale and Luke Air Force Base (the Base) entered into an intergovernmental
agreement on June 8th, 1999. This agreement provides for the City to design, install,
6
and maintain traffic signals at six intersections, wherein at least one leg of each
intersection is within the Base's rights-of-way and control.
Luke Air Force Base has requested that the City expedite the installation of
signal modifications at the main, north, and south gates on Litchfield Road, due to
increased traffic and related congestion. Modifications to the main gate are currently
under construction and should be completed in October of 2000. Additional funding is
required to expedite the north and south gate modifications which are currently in the
design phase. The estimated cost to provide modifications to these two locations is
$180,000. Upon authorization of funding for the work, it is anticipated that the signals
will be operational by the spring of 2001.
Staff reviewed the request to accelerate the modifications, conducted a study of
the intersections, and recommended expediting the improvements. A construction
contract for the work will be presented at a future City Council meeting.
The recommendation was to authorize the transfer of funds in the amount of
$180,000 from Contingency Account Number 01-2450-7000 to Transportation
Department Traffic Signals Account Number 12-6322-7330.
7. COOPERATIVE PURCHASE OF JOHN DEERE TRACTOR
The Glendale Memorial Park Cemetery has been experiencing increased
downtime and maintenance costs associated with its 1971 model tractor that is used for
grave digging and routine cemetery maintenance. Due to its age and repair costs, the
Equipment Management Department has determined that the tractor needs to be
replaced.
The City of Mesa recently awarded Invitation for Bid Number 2000105 to RDO
Equipment Co. for the purchase of a new John Deere tractor. RDO Equipment and the
City of Mesa have granted the City of Glendale permission to purchase one unit from
their bid, at the same price, terms, and conditions. Staff conducted its own market
survey and determined that the price paid by the City of Mesa was fair and reasonable,
and the City could not expect to receive better pricing by issuing a new bid for a single
unit. The equipment is new, with a full-factory warranty. Cooperative purchases are
allowed pursuant to the City of Glendale's Purchasing Ordinance, Section 2.149.
Since trade-in values are normally higher than outright sales or auction values,
staff requested that RDO Equipment Co. evaluate the City's existing 1971 tractor. RDO
Equipment Co. has have offered the City a $2,700 trade-in value. Staff believed this
offer was greater than any value the City would receive from an outright sale or public
auction.
Funding is available in Field Operations Cemetery Account Number 01-6225-
8400.
7
The recommendation was to award the purchase of one John Deere tractor to
RDO Equipment Co. in the amount of $46,519.55, including the trade-in value and
taxes.
8. COOPERATIVE PURCHASE OF MEDICAL SUPPLIES
The City of Phoenix, using a competitive bid, entered into an agreement for the
purchase of emergency medical supplies with Bound Tree Corporation on November
12, 1997. The City of Glendale Fire Department utilizes these same products, such as
bandages, ice packs and splints, and would like to enter into a cooperative purchase
agreement with Bound Tree Corporation, based on the City of Phoenix award. This
agreement permits the City of Glendale to obtain these products at a discounted price
due to the City of Phoenix's higher volumes.
The initial term of the contract expired on January 20, 1999. It contained an
option clause that allowed the City of Phoenix to extend the agreement until December
31, 2000. The City of Glendale wishes to enter into the current agreement, based on
the City of Phoenix award, and would also like to utilize the new City of Phoenix
contract and any extensions, at the discretion of the City Manager. The City of Phoenix
and the current contractor have authorized the City of Glendale to utilize their
agreement. The City could not expect to receive better pricing if a bid was issued for
only its needs. Cooperative purchases are allowed pursuant to the City of Glendale's
Purchasing Ordinance, Section 2.149.
Funds are available in Fire Department Disposable Emergency Medical Supplies
Account Number 01-3330-7516.
The recommendation was to enter into the current agreement with Bound Tree
Corporation and the future term contract for emergency medical supplies on an as-
needed basis in an amount not to exceed, $90,000 per year, taxes included.
9. COOPERATIVE PURCHASE OF 28-FOOT TRANSIT BUS
The City recently went out to bid for five 22-foot transit buses and one 28-foot
transit bus. A contract was awarded by the City Council on June 27, 2000 for five 22-
foot buses, but no bids were received for the 28-foot bus. The larger bus is needed due
to an increase in the amount of passengers using the Luke Link. The City of Mesa
recently awarded Request for Proposal (RFP) Number 99008 for a 28-foot transit bus
and has granted permission to the City of Glendale to purchase one bus from its
contract. Arizona Bus Sales has agreed to extend its offer to the City of Glendale, at
the same terms and conditions as offered to the City of Mesa. Transit Department staff
reviewed the price paid by the City of Mesa and found it to be fair and reasonable. The
City could not expect to receive better pricing by issuing a new bid for a single bus. The
bus is new and comes with a full-factory warranty. It will operate by using propane fuel.
8
A combination of funds, including Arizona Department of Transportation (ADOT)
Flexible Funding Program funds, Federal Transit Administration (FTA) Surface
Transportation Program grant and City capital funds will be used to purchase the bus.
This bus purchase was accelerated through funds received from ADOT.
The recommendation was to approve the purchase of one 28-foot transit bus in
the amount $127,820. The first $110,000 will be paid for by using ADOT Flexible
Funding Program funds ($103,730) and 5.7% ($6270) local matching funds The
remaining $17,820 will be paid for by using a combination of federal funds from FTA
Grant AZ-X054 in the amount of $14,256 and the 20% local match of $3,564. These
matching funds are budgeted in Transit Department Account Number 26-8603-8400.
10. AWARD OF PROPOSAL 00-28, SAHUARO RANCH LEAD-BASED PAINT
ABATEMENT
Two proposals were received to provide the labor, materials, equipment and
services to perform lead-based paint abatement and re-painting of multiple locations in
the Sahuaro Ranch Historic area, including the Hay Barn and the Adobe, Guest, Main,
Carriage, Tack and Pump Houses. The work to be completed consists of lead
abatement of the exterior doors and siding and interior window sills and casings. Work
performed on the main house will be external and paint will match the original colors to
maintain historical integrity. All work to be performed has been developed with the
assistance of the Sahuaro Ranch Foundation and scheduling of the project work will not
interfere with any scheduled tours or events.
An evaluation panel, consisting of staff from the Facilities Management and
Parks and Recreation Departments, evaluated the proposals using specific evaluation
criteria, which included capabilities of the firm and staff, cost and project time schedule.
The offer scored highest by the panel was submitted by International Environmental
Corporation. Funding is available in Parks and Recreation Facilities Renovation
Account Number 36-8519-8330.
The recommendation was to award the contract for the abatement of the lead-
based paint at the multiple locations in the Sahuaro Ranch Historic Area to International
Environmental Corporation in the amount of $64,600, taxes included.
11. AWARD OF PROPOSAL 00-38, WEED CONTROL
Two proposals were received to provide the City with the required labor and
materials needed for the application of post and pre-emergent weed control chemicals
and removal of any existing weeds in all undeveloped right-of way areas.
An evaluation committee, consisting of staff from the Streets and Right-of Ways
Departments, evaluated the proposals using specific evaluation criteria, which included
compliance with specifications, cost, equipment and procedures, and references. The
offer scored highest by the panel was submitted by United Right-of-Way. The initial
term of the contract shall be for a one-year period, and contains an option clause that
9
permits the City, at the discretion of the City Manager, to extend the contract an
additional four years, in one-year increments. Funding is available in Streets Division
Right-of-Way Maintenance Account Number 12-6224-7330.
The recommendation was to award the contract for weed control to United Right-
of-Way in an amount not to exceed $44,953.90, per year, taxes included.
12. AWARD OF PROPOSAL 00-44, CONSULTANT SERVICES TO DEVELOP A
SCHOOL RESOURCE POLICE OFFICER PROGRAM
On November 23, 1999 the Council approved a grant for the Community
Oriented Policing Services (C.O.P.S) Partnership Program. Funds received from this
grant will be used to hire a program manager, who will coordinate efforts with the City's
school resource officers at participating schools to target problems of crime and
enhance school safety. This program manager will analyze crime information, develop
school safety plans and develop a program to enhance communications between
police, students, parents and teachers. A request for proposals was issued to hire the
program manager.
Notice of the solicitation was advertised in the Glendale Star, the Dodge Report,
the Glendale Chamber of Commerce, the Bid Source Program, and on the Glendale
Cable Channel. One offer was received from Janice Sears Consulting. An evaluation
committee, consisting of staff from the Police Department, reviewed the offer and
determined that it met the requirements of the request for proposals and was within the
amount budgeted for the project. Funding is available in School Based Partnership
Grant Account Number 47-7892-7330.
The recommendation was to award the contract to hire a program manager to
develop a school resource police officer program to Janice Sears Consulting in the
amount of $50,160, taxes included.
13. AWARD OF BID 00-54, TRAFFIC SIGN POSTS
Six bids were received to supply the Transportation Department with traffic sign
posts. This is a re-bid of a three-year contract which has expired. These posts are
used in the construction, installation and repair of traffic signs. The traffic sign posts will
be provided on an "as heeded" basis, beginning upon Council approval and continuing
for a period of one year. The bid specifications contain an option clause that permit the
City to extend this contract, at the discretion of the City Manager, for four additional
years in one-year increments. Funding is available in Transportation Department
Operating Budget Account Number 12-6323-7520. The lowest responsible and
responsive offer was submitted by the Unistrut Corporation.
The recommendation was to award the contract for traffic signs posts to Unistrut
Corporation in the amount $28,187.70, taxes included.
10
14. CHANGE ORDER NO. 3 AND FINAL — GLENDALE CIVIC CENTER
This was a request for City Council approval of Change Order No. 3 and Final in
the amount of $134,858 to the contract with Target General, Inc. for the Glendale Civic
Center Project. The original contract was awarded to Target General, Inc. on October
27, 1998.
This change order is a result of additional work that was required during
construction and final completion of the project. Electrical modifications were required
to disconnect power within the banquet room outlets upon activation of the fire alarm
system, which would allow sound level devices to be heard throughout the banquet
room. Electrical modifications were also required to separate emergency lighting from
exit signs. Electrical outlets were added at various locations for kitchen equipment and
fixtures. Additional fire sprinklers were required in the banquet room, ceiling dome, and
kitchen hood to meet building code. The City will recover appropriate costs from the
architect due to issues that should have been identified on the original plans.
This change order also encompasses additional framing in the banquet room in
order to accommodate ceiling speakers and door closures with additional framing in the
dome. Exit devices were installed on three courtyard gates to meet building code.
Additional work was also required on the exterior of the facility to include the installation
of a handicap ramp, fire lane signs, and conduit in the west courtyard for future lighting.
The amount of this change order is $134,858, resulting in a revised contract
amount of $7,094,447. Funds for this change order will need to be transferred from
General Fund Contingency Account Number 01-2450-7330 into Civic Center Project
Account Number 01-8972-8200. Engineering staff reviewed the costs and found them
to be acceptable.
The recommendation was to authorize the transfer of funds and approve Change
Order No. 3 and Final to Target General, Inc. in the amount of $134,858.
15. AMENDMENT TO PROPOSAL 98-33, SECURITY GUARD SERVICES
On October 13, 1998, the City Council approved contract 98-33 for security
guard services for the Glendale City Court, the Velma Teague Library, and the Main
Library to the Wackenhut Corporation. Funding of $78,000 annually was approved for
the court and $41,830 for the libraries. Since the award of the contract, the Library
Department has added security guard services at the Foothills Branch Library. Total
annual costs for the additional services are $28,170. Funding is available in Library
Security Account Number 01-4510-7330.
The recommendation was to approve the change order for $28,170 for the
additional security guard services. The new total for the contract is $148,000.
11
16. AMENDMENT TO PROPOSAL 99-24, RIGHT-OF-WAY LANDSCAPE
MAINTENANCE FOR ADDITIONAL AREAS
On June 27, 1999, the City Council approved contract 99-24 for Right-of-Way
Landscape Maintenance to the company United Right of Way for $356,741. This
contract includes litter control, shrub and plant maintenance, weed/pest control, and
repair of irrigation systems for right of ways throughout the City. Since the award of the
contract, other landscaping contracts have expired and these locations have been
added for United Right of Way to maintain. These include landscape maintenance at
the Glendale Landfill, the Glendale Memorial Park Cemetery, and the 80th Avenue and
Bethany Home Road Booster Station. Total annual costs for these additional locations
are $50,084. Funding is available in Facility Management Account Number 01-6225-
7330, Landfill Operating Account Number 55-6235-7306, and Utility Department
Central System Maintenance Account Number 50-6426-7460.
The recommendation was to approve the change order for $50,084 for the
additional locations. The new total for the contract is $406,825.
CONSENT RESOLUTIONS
17. NATIONAL ENDOWMENT FOR THE ARTS (NEA) GRANT APPLICATION
The Glendale Adult Center, in consortium with Volunteer Intergroup, Inc., has
applied for a performing arts grant from the National Endowment for the Arts (NEA). If
awarded, the grant will allow the Adult Center to host a two-year performing arts
program for members of the City's senior community. Due to various reasons, including
financial constraints, physical limitations, and lack of transportation, many members of
the City's senior community would not normally be able to participate in a program such
as this. This grant provides that opportunity. The total project cost for the two-year
program is $30,400. The grant request is for $9,000. Volunteer Intergroup, Inc. and
the Glendale Adult Center will contribute $9,600 of in-kind staff time and $6,800 for
administration costs and project supplies. A cash match of $5,000 will come from
Grants Administration Matching Fund Account Number 47-7075-7000.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission of the NEA application described herein and the
required match, and provide authorization to accept the grant, if awarded.
Resolution No. 3400 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 THE SUBMISSION OF AN APPLICATION AND
ACCEPTING ANY GRANT OFFERS FROM THE NATIONAL ENDOWMENT FOR THE
ARTS (NEA) ON BEHALF OF THE GLENDALE ADULT CENTER, IN A
CONSORTIUM WITH THE VOLUNTEER INTERGROUP, INC.
12
18. ARIZONA HUMANITIES COUNCILJAHC1 GRANT APPLICATION
The Smithsonian national traveling exhibit, "The Jazz Age in Paris — 1914-1940",
will be housed at the Glendale Main Library in November and December of 2000. To
enhance the exhibit, the Main Library has applied for an Arizona Humanities Council
(AHC) grant that would provide for a lecture and performance series. The focus of the
series will be to educate the audience and help them better understand the significant
contribution of African American culture to contemporary music, literature and art. The
grant request is for $1,950.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission of the AHC application described herein and the
required match, and provide authorization to accept the grant, if awarded.
Resolution No. 3401 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 THE SUBMISSION OF AN APPLICATION AND
ACCEPTING ANY GRANT OFFERS FROM THE ARIZONA HUMANITIES COUNCIL
(AHC) FOR A LECTURE AND PERFORMANCE SERIES AT THE GLENDALE MAIN
LIBRARY.
19. FISCAL YEAR 2001 GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT
The City of Glendale Transportation Department's Slow Down Friday Program is
designed to teach essential traffic safety skills that students need to survive as
pedestrians, bicycle riders, and future motor vehicle drivers. The pilot program, which
was administered in 1999 to all third graders in the City of Glendale, was well received
by both students and teachers. To continue this program, the Transportation
Department applied for the Fiscal Year 2001 Governor's Office of Highway Safety
Grant. The grant will provide the necessary funds to cover the cost of additional
materials, as well as translation costs to make the materials available in Spanish. The
total project cost is $24,750. The grant request is for $18,750. The cash match of
$6,000 will come from Grants Administration Matching Fund Account Number 47-7075-
7000. A City Council resolution is needed to formalize this application and authorize
the commitment of matching funds.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission of the Fiscal Year 2001 Governor's Office of
Highway Safety Grant application described herein and the required matching funds,
and authorization to accept the grants, if awarded.
13
Resolution No. 3402 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 THE SUBMITTAL OF AN APPLICATION AND
THE ACCEPTANCE OF ANY GRANT OFFERS FROM THE GOVERNOR'S OFFICE
OF HIGHWAY SAFETY FOR ARIZONA'S (2001) HIGHWAY SAFETY PLAN FOR THE
CITY OF GLENDALE TRANSPORTATION DEPARTMENT'S SLOW DOWN FRIDAY
PROGRAM.
20. VICTIM ASSISTANCE GRANTS
The United States Department of Justice, through the Victim's of Crime Act of
1984, is again making funds available to stabilize, enhance, and expand services to
victims of crime. The Arizona Department of Public Safety administers these funds,
which originate as a penalty assessment from those convicted of federal crimes. The
award period is for two years, from July 1, 2000 to June 30, 2002.
The Victim Assistance Program within the Police Department meets the grant
eligibility requirements and has been approved for an award totaling $93,401.
The additional grant award of $93,401 includes the salary and employee-related
expenses for a Victim Assistance Caseworker, who provides support, advocacy, and
information to victims of crime whose cases are being prosecuted in the Glendale City
Court. It also provides $10,000 to pay for legal services for victims and $800 to pay for
outside training for Victim Assistance staff.
The funding for the difference between the grant award and the total salary and
employee-related expenses for the caseworker working the City Court caseload will
come from the salary savings from Fiscal Year 1999-2000. $9,910 is budgeted for this
purpose. Future grant funding would be uncertain, but the City has received similar
grants since 1986.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to enter into Victim Assistance grant
agreements with the Arizona Department of Public Safety.
Resolution No. 3403 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 GRANT OFFERS AND AUTHORIZING THE
EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE DEPARTMENT
OF JUSTICE THROUGH THE VICTIMS OF CRIME ACT OF 1984 (VOCA) AND THE
ARIZONA DEPARTMENT OF PUBLIC SAFETY.
14
21. ACCEPTANCE OF A GRANT FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT FOR CAPITAL IMPROVEMENTS TO THE CITY'S
PUBLIC HOUSING RENTAL COMMUNITIES
The City has previously received funding for capital improvements to public
housing properties from the Department of Housing and Urban Development (HUD),
under the Comprehensive Improvement Assistance Program. Beginning with Federal
Fiscal Year (FFY) 2000, the City will now receive these funds through HUD's new
Capital Fund Program (CFP). The CFP is an entitlement grant program, based on the
number and size of the units in the City's public housing rental communities. The City
has been notified of HUD's intention to provide $318,767 for work on Glendale's public
housing rental communities in FFY 2000.
Approval of an amendment to the Annual Contribution Contract between the City
of Glendale and HUD is necessary to accept this funding. The money will be used for
modernization work at the Cholla Vista, Glendale Homes, and Lamar Homes public
housing rental communities. The major work items include: installation of 34 air-
conditioning units at Cholla Vista; installation of 35 security screen doors, removal of
asbestos tile and carpet installation for approximately 12 units, and the upgrading of
smoke detectors and appliances at Glendale Homes; completion of exterior
improvements, asbestos tile removal and carpet installation in approximately 12 units,
and installation of 51 security screen doors at Lamar Homes.
A complete list of projects and projected costs was included in the City of
Glendale Housing Agency plan, which was reviewed and approved by the Housing
Advisory Commission on February 28, 2000 and the City Council on March 28, 2000.
Cost for the work will be completely federally funded. Acceptance of this funding
extends for one year the requirement that the City continue to operate the housing
developments as low-income housing for twenty years after the last disbursement of
assistance.
The recommendation was to waive reading beyond the title and adopt a
resolution approving Amendment No. 31 to the Annual Contributions Contract SF-446,
accepting $318,767 in Capital Fund Program funds for Project AZ20P00350100 for
improvements in public housing rental communities.
Resolution No. 3404 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 AMENDMENT NO. 31 TO CONSOLIDATED
ANNUAL CONTRIBUTIONS CONTRACT NO. SF-446 FOR CAPITAL FUND
PROGRAM (CFP) GRANT FUNDS FOR PROJECT NO. AZ20P00350100; AND
AUTHORIZING ITS EXECUTION.
15
22. FISCAL YEAR 2000 MARICOPA COUNTY SUMMER EMPLOYMENT FOR
YOUTH GRANT
This is the fourth year in which the City of Glendale was awarded a renewal
grant. The $17,000 grant is providing summer employment for 75 eligible youths from
July 3 until September 30, 2000. Thirteen youths in the College Bound Program are
employed by the Show Them A Better Way Program, in jobs related to their career
interests. For example, a student interested in medicine was placed at Midwestern
University. Two youths are employed at the Glendale Youth Center and two are
working for the Glendale Recreation After School Program (GRASP). Sixty youths will
participate in the Police Department's Community Action Team (CAT) one-day
community service project in early September. All of the youth participating in the
summer program learn how to fill out job applications, receive pointers on basic
interviewing skills, resume writing, appropriate dress and general information about the
job market. The cash match of $1,954 is available from Grants Administration Matching
Fund Account Number 47-7075-7000.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing acceptance of the Maricopa County Summer Employment for
Youth Grant award and the required matching funds.
Resolution No. 3405 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER FROM THE MARICOPA
COUNTY HUMAN SERVICES DEPARTMENT FOR THE FISCAL YEAR 2000
MARICOPA COUNTY SUMMER EMPLOYMENT FOR YOUTH GRANT.
23. FICAL YEAR 2001 WASTE REDUCTION INITIATIVE THROUGH EDUCATION
GRANT
The City of Glendale Recycling Division was recently awarded a Fiscal Year
2001 Waste Reduction Initiative Through Education Grant by the Arizona Department
of Environmental Quality (ADEQ). The grant will pay for a series of events dubbed
"RecycleFest 2001 —A Carnival of Sorts"to be held throughout City parks in the spring
of 2001. These events would provide information and education to increase awareness
for properly reducing and disposing of solid waste and to encourage participation in
source reduction, reuse and recycling, in addition to communicating the importance of
conserving natural resources. The goal of this campaign is to motivate and encourage
residents to participate in Glendale's recycling program. The grant award of $11,250
will cover the cost of producing the events and developing printed educational
materials.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing acceptance of the ADEQ Fiscal Year 2001 Waste Reduction
Initiative Through Education grant.
16
Resolution No. 3406 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER FROM THE ARIZONA
DEPARTMENT OF ENVIRONMENTAL QUALITY (ADEQ) FOR FISCAL YEAR 2001
WASTE REDUCTION INITIATIVE THROUGH EDUCATION GRANT.
24. ACCEPTANCE OF A FEDERAL GRANT FOR THE PURCHASE AND
INSTALLATION OF AN AUTOMATED WEATHER OBSERVING SYSTEM FOR
THE GLENDALE MUNICIPAL AIRPORT
The Federal Aviation Administration (FAA) has issued a grant to the City of
Glendale for the purchase and installation of an AWOS-3 (Automated Weather
Observing System). This unit will be installed on the airfield and provide instant
weather information, i.e., wind speed, wind gust, variable wind direction, wind direction,
temperature, altimeter setting, density altitude, sky condition, cloud height and type.
The information provided is constant and is provided regardless of the control tower
being open or closed.
The grant is in the amount of $90,000. This grant provides for 91.06% of the
project cost. The State will provide 4.47% of the cost, with the City share being 4.47%.
The grant must be accepted no later than September 29, 2000 or the funds will be
returned to the FAA. Funds are available for the City share within the Grant Match
Funds.
The recommendation was to waive reading beyond title and adopt a resolution
accepting the grant offered by the Federal Aviation Administration for the purchase and
installation of an AWOS-3 unit at the Glendale Municipal Airport.
Resolution No. 3407 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 A GRANT FROM THE FEDERAL AVIATION
ADMINISTRATION FOR THE PURCHASE AND INSTALLATION OF AN AWOS-3
UNIT (AUTOMATED WEATHER OBSERVING SYSTEM) AT THE GLENDALE
MUNICIPAL AIRPORT.
25. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR
ANIMAL CONTROL SERVICES
The Maricopa County Rabies Animal Control Department (RAC) has provided
enforcement of the City's Leash Laws, the Vicious Dog Ordinance, and related animal
control measures under the terms of an intergovernmental agreement developed in
1978. The agreement provides that the cities shall allow the RAC to collect dog license
fees and related shelter fees to provide shelter and field services such as loose dog
pick-up or dog at-large citations. The cities have also agreed to share, based upon
population, in any additional costs that are not covered by license and shelter fees.
Over the past five years, Glendale's share of this cost has averaged $55,300 annually.
17
Maricopa County and the cities have agreed that a new intergovernmental
agreement needs to be developed to fully recover the costs associated with animal
control services, and have been working through the Maricopa Association of
Governments to complete a cost evaluation study that would be the basis for a new
agreement. The County has requested that an interim intergovernmental agreement be
entered into that holds the City harmless for this fiscal year. The City will pay $57,280
for animal control services provided during the current fiscal year (Fiscal Year 2000-01).
This is the same amount that the City paid RAC in Fiscal Year 1999-00.
The City Attorney's Office has worked with staff in developing the interim
agreement. At a future City Council Workshop session, staff will provide an update to
the City Council regarding a new intergovernmental agreement.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing an intergovernmental agreement between Maricopa County and the City of
Glendale for animal control services.
Resolution No. 3408 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR ANIMAL
CONTROL SERVICES.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked
the Mayor and Council for approving the Sahuaro Ranch lead-based paint abatement
funding. Referring to agenda item No. 13, he suggested that the City consider placing
traffic signs on 59th Avenue, between Olive and Northern Avenues. He voiced his
support of additional security guard services in Glendale public buildings. He said that
he supported the National Endowment for the Arts grant application pertaining to the
Glendale Adult Center. He said that he also strongly supported the grant application
from the Department of Housing and Urban Development for public housing rental
communities. Referring to agenda item No. 25, he stated that he had experienced
several encounters with vicious dogs while running and, while the City of Glendale has
always been responsive to his calls, he was still concerned about vicious dogs being
allowed to run free.
It was moved by Eggleston, and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 25, including the
approval and adoption of Resolution Nos. 3400 New Series, 3401 New Series,
3402 New Series, 3403 New Series, 3404 New Series, 3405 New Series, 3406 New
Series, 3407 New Series, and 3408 New Series. The motion carried unanimously.
18
LAND DEVELOPMENT ACTIONS
26. DESIGN REVIEW APPLICATION DR-00-32: 18301 NORTH 79TH AVENUE
Mr. Ricardo Toris, Senior Planner, presented this request by Advanced Real
Estate for design review approval for the Arrowhead Professional Office Center Phase
3. The 8.8-acre parcel is located north of the northeast corner of 79th Avenue and St.
John Road. City Council approval of this design review application is required as a
stipulation of the PAD (Planned Area Development) zoning on this property.
The applicant's site plan and project narrative shows a complex of seven single-
story buildings around the perimeter, and one central building. The proposed floor area
ratio (FAR) is .24 and the buildings have a maximum height of 24-feet 6-inches. The
current zoning allows a FAR of .25 and a building height of 25 feet.
The project will use low building profiles, constructed of light brown block walls
and dark brown concrete roof tiles, to create a residential-style design compatible with
the existing neighborhood. The buildings are set back 72 feet from Hidden Manor,
separated by a large landscape buffer and retention basin.
On July 12, 2000, the applicant met with residents to explain the project and
receive comments on the site and building design. Five people attended the meeting
and all expressed general support of the project.
This request is consistent with the North Valley Specific Area Plan, the PAD
zoning, and the City's adopted Commercial Design Expectations.
The recommendation was to approve Design Review Application DR-00-32,
subject to the two conditions recommended by staff.
Mayor Scruggs noted that the buildings seem devoid of architectural treatment.
Mr. Toris confirmed that the building does have windows.
Councilmember Martinez asked if this design was an improvement over the
previously approved design. Mr. Toris stated that the design is compatible with Phases
I and II, as well as the project to the north. He said that this design has similar features
in terms of materials.
It was moved by Martinez, and seconded by Goulet, to approve Design
Review Application DR-00-32, subject to the two conditions recommended by
staff. The motion carried unanimously.
19
BIDS AND CONTRACTS
27. AWARD OF CONSTRUCTION CONTRACT - VISITOR'S CENTER
Mr. Grant Anderson, City Engineer, presented this request for City Council approval
of a construction contract to Cunningham Group Construction in the amount of
$297,000 for the construction improvements for the Visitor's Center and public
restrooms at 5800 West Glenn Drive.
The need for a Visitor's Center as an integral tool in the City's tourism efforts has
been apparent for some time. Additionally, an ongoing problem with the downtown
area has been the demand for adequate restroom facilities for visitors to the downtown
area. Acquisition of the commercial office building at 5800 West Glenn Drive presented
the opportunity to address and resolve both issues.
On May 30, 2000, the Glendale City Council approved a professional services
agreement with Durrant Architects to work with City staff to design the Visitor's Center
and public restrooms at 5800 West Glenn Drive. The purchase of the property did not
occur until June 28, 2000 and, consequently the architectural efforts were inhibited until
the time of closing.
Three bids were received and opened on August 8, 2000, with Cunningham
Group Construction submitting the lowest bid in the amount of $297,000. Under a
standard design development, bid period and Council award, the facilities would not be
complete and available until January of 2001. Expedited procedures and actions were
taken, based upon the City's commitment to the merchants to provide these facilities for
the seasonal visitor return in the fall of this year. Under the authorization by the City
Manager, construction commenced on August 16, 2000. Proceeding immediately in
this manner shortened the process to project completion in approximately 60 days.
The funds for this project are available in Tourism Visitor Center Account
Number 01-8581-8300.
The recommendation was to approve the construction contract with Cunningham
Group Construction in the amount of $297,000.
Councilmember Clark asked if they were basically ratifying acts that had
occurred or were in the process of occurring. Mr. Anderson explained that the
construction schedule was being expedited to meet timeframes and the Council's intent
to have the project completed prior to the tourism season this fall.
Councilmember Goulet asked if they were on schedule with the accelerated plan.
Mr. Anderson stated that they were.
It was moved by Goulet, and seconded by Martinez, to approve the
construction contract with Cunningham Group Construction in the amount of
$297,000.
20
Vice Mayor Eggleston stated that this facility has been long awaited and is in the
perfect location. He said that he was glad it would be completed before the tourist
season commences.
Councilmember Goulet stated that he was happy to hear the project was on
schedule because he had received several inquiries.
Upon a call for the question, the motion carried unanimously.
28. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT — CHOLLA WATER TREATMENT PLANT MEMBRANE
FILTRATION DEMONSTRATION PROJECT
Mr. Grant Anderson, City Engineer, presented this request for City Council
approval of an amendment to the professional services agreement with Malcolm Pirnie,
Inc. in the amount of $699,284 for the second phase of the Cholla Membrane
Demonstration Project. This phase will include engineering services, construction start-
up, and operation of the Cholla Water Treatment Plant Ultrafiltration Demonstration
Facility.
On March 25, 1997, the City Council approved a professional services
agreement with Malcolm Pirnie, Inc. for $396,000 to provide Phase I professional
services for the initial study, design and construction needed for the three-phase
membrane process (microfiltration and ultrafiltration) demonstration project. The
purpose was to determine the suitability of adding permanent membrane treatment
technology to provide drinking water at the Cholla Water Treatment Plant for a future
plant expansion. During the course of the study, it was determined that ultrafiltration
technology held the most promise for use at the Cholla Water Treatment Plant.
Subsequently, on October 14, 1997, City Council approved the purchase of a packaged
Ultrafiltration Treatment Unit from Aquasource North America and, on June 23, 1998,
awarded a construction contract to Trombley Electrical Contractors, Inc. for installation
of the materials and equipment for the demonstration study. This completed Phase I.
Phase II involves testing the various systems and monitoring the demonstration
operating costs. It also involves monitoring quality parameters to meet the U.S.
Environmental Protection Agency drinking water regulations and the Arizona
Department of Environmental Quality guidelines. Malcolm Pirnie will be on site for nine
months for complete management of the project. The demonstration testing is
significantly larger than the study phase and will evaluate methods for pre-treating the
Salt River Project water to support a cost-effective expansion of treatment capacity at
the Cholla Water Treatment Plant.
The cost for the proposed amendment is not to exceed $699,284, for a revised
agreement not to exceed $1,095,284. Funds for this work are available in the 2000-
2001 Capital Improvements Program, Utilities Funds Account Number 50-92.72-8330.
Engineering staff reviewed the costs and found them to be fair and reasonable.
21
The recommendation was to approve Amendment No. 1 to the professional
services agreement with Malcolm Pirnie in the amount of $699,284.
Vice Mayor Eggleston asked if they were finally done with this project. Mr.
Anderson explained that an earlier project, which provided for booster capacity in and
around the Cholla Water Treatment Plant, had created some concern with neighbors.
He said that the membrane technology would be inside the building and should not
affect the surrounding neighbors. He added that, when the third phase begins, there
will be some construction on the site. He estimated new construction to begin in two to
three years.
Councilmember Martinez asked if they would be introducing this technology at
other water treatment plants. Mr. Anderson explained that the Pyramid Peak Water
Treatment Plant has conventional treatment technology. He noted that, as it is
expanded or as it becomes necessary, membrane technology could be implemented at
that facility.
It was moved by Lieberman, and seconded by Frate, to approve
Amendment No. 1 to the professional services agreement with Malcolm Pirnie in
the amount of $699,284. The motion carried unanimously.
BINGO LICENSE
29. CLASS A BINGO LICENSE APPLICATION — MANISTEE MANOR
This was a request for a new Class A bingo license for Disciples House of
Glendale, Inc., doing business as (d.b.a.) Manistee Manor. Manistee Manor intends to
hold its bingo games in its multi-purpose room at Manistee Manor, which is located at
7987 North 53� Avenue. There have been no prior bingo licenses at this location.
A Class A bingo license is defined as a small game that collects no more than
$15,600 in gross revenues per year before prize monies are deducted. Any person or
organization, except for a person or organization that holds a liquor license, may hold a
Class A bingo license.
The designated manager for Manistee Manor is Ms. Maria Larson. The Police
Department has conducted a background check of the manager, pursuant to Glendale
City Code Section 5-70, and has given clearance for this individual. All applicable fees
have been paid.
The organization plans to hold bingo games on Wednesday and Sunday
evenings, from 6:00 p.m. to 9:00 p.m. Under the City's Zoning Ordinance, the bingo
games will be allowed only for Manistee Manor residents and their guests. The
Planning Department has reviewed the application and determined that it meets all
technical requirements, provided that the games are restricted to Manistee Manor
residents and their guests.
22
Under A.R.S. Sec. 5-404(1), the City Council is required to recommend approval
or denial of an application for a bingo license.
The recommendation was to conduct a public hearing and forward the
application to the State of Arizona Department of Revenue, Bingo Section, with the
recommendation for approval.
Mayor Scruggs opened the public hearing on agenda item No. 29. As there
were no comments, she closed the public hearing.
It was moved by Martinez, and seconded by Goulet, to forward the Class A
bingo license application of Disciples House of Glendale, Inc., doing business as
Manistee Manor, to the State of Arizona Department of Revenue, Bingo Section,
with the recommendation for approval. The motion carried unanimously.
SPECIAL EVENT LIQUOR LICENSES
30. SPECIAL EVENT LIQUOR LICENSE FOR ST. HELEN'S CHURCH —
SEPTEMBER 23, 2000
This was a request for a special event liquor license for St. Helen's Church. The
event is the annual chicken dinner, a fundraiser, which will be located at St. Helen's
Church, 5510 West Cholla Avenue. This event is sponsored by St. Helen's Church.
The event will be held between 4:00 p.m. to 11 :00 p.m. on Saturday, September
23, 2000. This is the second special event license requested by this applicant this year.
If this license is approved, the total days expended by this applicant will be 2 of the
allowed 10 days this calendar year.
Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the
State of Arizona Department of Liquor Licenses and Control may issue a special event
liquor license only if the City Council recommends approval of such license.
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.
31. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP
SCHOOL - OCTOBER 7 THROUGH OCTOBER 8 2000
This was a request for a special event liquor license for Our Lady of Perpetual
Help School. The event is the annual fall festival, a fund raiser, which will be located at
Our Lady of Perpetual Help School, 7521 North 57th Avenue. This event is sponsored
by Our Lady of Perpetual Help School.
23
The event will be held between 10:00 a.m. to 10:00 p.m. on Saturday, October 7,
2000 and between 10:00 a.m. to 10:00 p.m. Sunday, October 8, 2000. This is the
second special event license requested by this applicant this year. If this license is
approved, the total days expended by this applicant will be 3 of the allowed 10 days this
calendar year.
Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the
State of Arizona Department of Liquor Licenses and Control may issue a special event
liquor license only if the City Council recommends approval of such license.
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 agenda item Nos. 30 and 31.
As there were no comments, she closed the public hearing.
It was moved by Lieberman, and seconded by Martinez, to forward the
special event liquor license application for St. Helen's Church, for its annual
chicken dinner fundraiser, to be held at St. Helen's Church, 5510 West Cholla
Avenue, between 4 and 11 pm. on September 23, 2000; and the special event
liquor license application for Our Lady of Perpetual Help School, for its annual
fall festival fundraiser, to be held at Our Lady of Perpetual Help School, 7521
North 57th Avenue, between 10 am and 10 pm on October 7 and 8, 2000, to the
State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval. The motion carried unanimously.
PUBLIC HEARING - LIQUOR LICENSES
LIQUOR LICENSES
Mayor Scruggs requested that Agenda Item No. 35 — Liquor License No. 3-723
for 7-Eleven 16242 E be heard separately.
32. LIQUOR LICENSE NO. 3-720 — OLD CHICAGO
This was a request for a new series 12 (restaurant) license for Old Chicago,
which is located at 5695 West Bell Road. The previous owner operated this business
as East Side Mario's and held a series 12 (restaurant) license at this location, which
was canceled in April of 2000. 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
determined that it meets all technical requirements.
24
The recommendation was to conduct a public hearing and forward the
application to the State or Arizona Department of Liquor Licenses and Control, with the
recommendation for approval.
33. LIQUOR LICENSE NO. 3-721 — END ZONE
This was a request for a person transfer of a series 6 (on- & off-sale retail, all
liquor) license for the End Zone, which is located at 6505 North 59th Avenue. The
previous owner operated this business as the Red Zone and held a series 6 (on- & off-
sale retail, all liquor) license at this location.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the state of Arizona Department of Liquor Licenses and Control. 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
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.
34. LIQUOR LICENSE NO. 3-722 — BILKO'S SPORTS LOUNGE
This was a request for a person transfer of a series 6 (on- & off-sale retail, all
liquor) license for Bilko's Sports Lounge, which is located at 5160 West Northern
Avenue. The previous owner operated this business as the Class Room Lounge and
held a series 6 (on- & off-sale retail, all liquor) license at this location.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the State of Arizona Department of Liquor Licenses and Control. 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 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.
25
36. LIQUOR LICENSE NO. 3-724 — RED BRICK PIZZA
This was a request for a new series 12 (restaurant) license for Red Brick Pizza,
which is located at 17204 N. 67th Avenue, Suite B. 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
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 agenda item Nos. 32, 33, 34,
and 36. As there were no comments, she closed the public hearing.
It was moved by Lieberman, and seconded by Clark, to forward Liquor
License Applications No. 3-720 for Old Chicago; No. 3-721 for End Zone; No. 3-
722 for Bilko's Sport Lounge; and No. 3-724 for Red Brick Pizza, to the State of
Arizona Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
35. LIQUOR LICENSE NO. 3-723 — 7-ELEVEN 16242 E
This was a request for a new series 10 (off-sale retail, beer & wine) license for 7-
Eleven 16242 E, which is located at 15232 North 59th Avenue. The applicant currently
has a series 9 (off-sale retail, all liquor) license at this location, which the applicant
intends to sell.
The approval of the application for a series 10 license will increase the number
of liquor licenses in this area by one until and unless the existing series 9 license is
transferred to a different location. If the series 10 license is approved, the State of
Arizona Department of Liquor Licenses and Control will require the applicant to de-
activate its series 9 license. Accordingly, the approval of the series 10 license will not
increase the number of active liquor licenses in the area and will result in the applicant
being restricted to beer and wine sales instead of sales of all liquor.
The establishment is over 300 feet from any school. The nearest church, Tell
Interfaith Chapel, located at the American Graduate School of International
Management, is within 265 feet of 7-Eleven 16242 E.
26
Arizona Revised Statutes, Section 4-207, prohibits a retail liquor license from
being within 300 feet of a church, unless certain exceptions are met. This prohibition
appears to apply to the applicant's request for a series 10 license, despite the facts that
the series 10 license will replace an existing series 9 license and that the series 10
license will not authorize the applicant to sell any liquor that the applicant is not already
authorized to sell. The applicant is, however, allowed to keep selling all liquor with its
series 9 license if the series 10 license is denied, because the applicant has
grandfathered rights to use the series 9 license.
Staff believes that the application of the 300-foot restriction to the pending
application is illogical, but that the City does not have the discretion under the statutory
language to waive the 300-foot restriction. Staff has contacted the State of Arizona
Department of Liquor Licenses and Control and it has confirmed that the 300-foot
restriction applies to the pending application.
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 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 denial.
Councilmember Clark asked if the applicant would retain the Series 9 license if
the Series 10 license was denied. Mr. Art Lynch, Finance Director, stated that, with the
issuance of the Series 10 license, the State Liquor Board would deactivate the Series 9
license for that location, but it would not invalidate the Series 9 license.
Mayor Scruggs asked for clarification that the applicant currently has a license to
sell all kinds of liquor and would like to get a different license, which allows the applicant
to sell only beer and wine. She stated, however, that they cannot do so because of the
chapel located across the street. Mr. Lynch agreed with Mayor Scruggs' summation of
the situation. He said that the original license was grandfathered in because it was
established before the chapel was instituted. He noted that new license requests would
not be protected by the grandfather clause. Mayor Scruggs asked Mr. Lynch if a
person transfer would be denied if the applicant sold the business. Mr. Lynch stated
that this type of transfer would be allowed because it would still be the original license.
Mr. Verburg agreed.
Councilmember Lieberman asked if the club that is located on the grounds of the
American Graduate School of International Management (Thunderbird) was more than
300 feet from the chapel. Mr. Lynch explained that the chapel is located on the
northwest corner of the property. He said that he was not familiar with the exact
distance, but the club license would have been subject to a similar review.
Councilmember Lieberman stated that, based on Mr. Lynch's explanation of the
27
chapel's location, he would estimate the club to be approximately 700 feet away from
the chapel.
Councilmember Martinez stated that he first thought it would be inequitable to
deny the request. However, because approval would add another liquor license,
possibly somewhere within the City of Glendale, he said that he understood the
rationale behind the law.
Vice Mayor Eggleston stated that the recommendation for denial was based on
the liquor laws. He explained that they were not denying the license because it is a
problem for the community, but because they were legally obliged to do so.
Councilmember Clark stated that she understood the applicant's desire to sell
the Series 9 license because it was not being fully utilized at that location. She noted
that, if the applicant was to retain the Series 9 license, there is nothing to preclude the
applicant from only selling beer and wine. Mr. Lynch agreed with Councilmember Clark.
Councilmember Lieberman asked for a definition of a church. Mr. Verburg
explained that any place where people regularly congregate to worship would fulfill the
definition of a church under the State Statutes.
Mayor Scruggs pointed out that it is popular for churches to operate out of suites
in commercial shopping centers, which often are located next door to grocery stores.
She asked if these suites were considered churches. Mr. Verburg explained that they
would qualify as churches under the definition used in the State Statutes. Mayor
Scruggs then asked if they would not see any more applications for liquor licenses from
suites within those shopping centers. Mr. Verburg stated that suites located within 300
feet of those churches could not be issued a liquor license.
Mr. Jim Boyd, representating AZIZ Holdings, L.L.C., stated that AZIZ
Holdings, L.L.C. was under contract to purchase the Series 9 license at the subject
location. He explained that the purchase of the Series 9 license was subject to
approval of this application for a Series 10 license. He said that he had only recently
learned of the staff's recommendation for denial based on the building's proximity to a
church. He said that this was a once-in-a-lifetime opportunity for the City of Glendale to
dispose of a Series 9 off-site liquor license. He noted that, once it was out of the City, it
could not come back without Council approval.
Mr. Boyd said that Title IV defines a church as "a building which is erected or
converted for use as a church where services are regularly convened, which is used
primarily for religious worship and schooling and which a reasonable person would
conclude is a church by reason of design, signs or architectural or other features". He
said that this facility has been referred to as a chapel; however, nowhere on the building
is it called a chapel. He said that the building is called the Tell Interfaith Center. He
stated that it is a meeting place, but not a meeting place for public worship. He pointed
out that the only scheduled services in the facility are 26 Catholic masses annually. He
28
said that the doors to the building are locked for more than six months of the year. He
expressed his opinion that Title IV's definition of a church would allow the Council to
conclude that the facility is not a church and approve the application. He stated that the
State Liquor Board would have no reason to reverse the Council's recommendation
should they decide to recommend approval. He noted that the State Statutes allow the
300-foot ruling to be overlooked if an applicant is going from a Series 10 license to a
Series 9 liquor license.
Mayor Scruggs asked Mr. Boyd if he was stating this information as fact. Mr.
Boyd stated that he was. Mayor Scruggs asked for clarification that the State Liquor
Board would find that the 300-foot limitation would not apply if a person was attempting
to go from a Series 10 license to a full liquor license. Mr. Boyd stated that was correct.
Mayor Scruggs asked Mr. Boyd if the facility had always been considered an interfaith
chapel. Mr. Boyd replied that he did not know.
Councilmember Martinez asked Mr. Boyd if he had presented this information to
staff. Mr. Boyd stated that he had not presented the information to staff because it only
came to his attention within the last 24 hours.
Mayor Scruggs thanked Mr. Boyd for his input.
Mr. Verburg stated that the definition of a church was not specific, but staff had
told him that the building is regularly used for religious worship. He said that the Statute
defines a church as a place for religious worship on a re-ocurring or periodic basis. He
said that he would not change his legal view of the situation.
Mayor Scruggs opened the public hearing on agenda item No. 35.
Mr. Steve Miller of the City of Phoenix, Arizona, stated that he has been in the
business of brokering liquor licenses for large restaurants, liquor stores and liquor
licenses for the past 25 years. He said that he acts as an expert witness for the
Superior Court of Arizona and was the agent on the first 15 Albertson's liquor licenses
issued. He expressed his opinion that the building is not a church because it does not
have a pastor, it does not raise money, it is located on private property, and it is for the
sole use of the students. He stated that a parking place marked for clergy does not
confirm that the building is a church. He pointed out that funeral homes and hospitals
also have parking places marked for clergy.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Eggleston, to forward Liquor
License Application No. 3-723 for 7-ELEVEN 16242 E to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion failed on 3-4 vote. Councilmembers voting "aye":
Lieberman, Eggleston and Scruggs; Councilmembers voting "nay": Clark, Goulet,
Martinez and Frate.
29
Councilmember Lieberman stated that he liked the fact that this transfer limits
the 7-Eleven store in terms of the types of alcoholic beverages it can sell. He said that
he agreed with the City Attorney as to the definition of a church. He noted, however,
that the facility is called an interfaith center rather than an interfaith chapel. He said
that, for these reasons, he would recommend approval.
Councilmember Martinez asked Mr. Verburg if he had previously seen the
information presented regarding the definition of a church. Mr. Verburg stated that he
had not previously seen the information, nor had he been informed of the statements
made by Mr. Boyd. He said that he had reviewed the information presented tonight, but
had not had an opportunity to verify whether religious services were being held at the
facility. Councilmember Martinez asked for confirmation from Mr. Verburg that he
believed the request should still be denied. Mr. Verburg stated that, if religious services
are taking place in the building, even on a semi-regular basis, it falls within the statutory
definition of a church. Councilmember Martinez stated that he would support staff's
recommendation for denial.
Mayor Scruggs stated that she would support approval of the request and
explained that no one would be worse off with a Series 10 license at this location. She
noted that churches are holding services in schools all over the Valley and questioned
whether that makes them churches. She said that if the applicant was willing to take
this case forward, the State Liquor Board should have to look at this issue.
Councilmember Clark stated that churches can be defined in a multitude of
ways; however, regardless of the definition, the building is a place of periodic religious
worship. She agreed that the laws regarding liquor licenses should be clarified, but
stated that, until that time, they are bound by the current laws. She said that she would
vote no and support staff's recommendation.
Mr. Lynch clarified that the American Graduate School of International
Management refers to the building as a chapel. They conveyed to staff that regular
worship is conducted at the facility.
Councilmember Goulet stated that, since the school defines the site as a chapel,
he would support staff's recommendation to deny.
Councilmember Frate stated that he agreed with Mr. Verburg that the building
was a church . He said that he would vote to deny the liquor license at this location for
this reason. He added that, if the State Liquor Board chooses to define the building as
other than a church, it would be their decision to do so.
Councilmember Lieberman stated that the liquor laws need to be more
consistent. He noted that the Council is often asked to grant temporary licenses to sell
liquor on church grounds. Mr. Verburg agreed that it is ironic that the footage
requirement is not part of special event licenses. Mr. Lynch explained that the 300-foot
30
rule does not apply to special event licenses because these licenses are not granted for
continuous use.
Vice Mayor Eggleston expressed his frustration with the liquor license issue and
suggested they approve the request and place the burden on the State Liquor Board.
Mayor Scruggs asked staff to verify the validity of Mr. Boyd's statements. She
said that she would vote to approve the request, to send a message to the State Liquor
Board that the current law is inconsistent.
It was moved by Martinez, and seconded by Clark, to forward Liquor
License Application No. 3-723 for 7-ELEVEN 16242 E to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for denial.
The motion carried on a 4-3 vote. Councilmembers voting "aye": Clark, Goulet,
Martinez and Frate; Councilmembers voting "nay": Lieberman, Eggleston and
Scruggs.
ORDINANCES
37. PERMANENT AND TEMPORARY EASEMENTS AT PINNACLE PEAK ROAD
AND NEW RIVER
Mr. Grant Anderson, City Engineer, presented this item. The City of Peoria is
constructing a 15-inch sanitary sewer line in the Pinnacle Peak Road alignment within
the City of Peoria limits. At the 75th Avenue alignment, the City of Peoria will be
crossing New River and has requested an easement to install permanent channel
improvements on the City of Glendale property as required by the Flood Control District.
The area is totally within the New River Channel and was dedicated to the City of
Glendale by the adjacent subdivision for drainage, landscaping and public access. The
temporary construction easement is also located within the New River Channel and will
be necessary for approximately 120 days until construction of the channel stabilization
is complete.
Engineering staff reviewed and approved the plans for the construction of
channel improvements. There are no costs associated with the granting of this
easement.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute the easements in favor of the City of
Peoria.
31
Ordinance No. 2159 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE TWO
EASEMENTS IN FAVOR OF THE CITY OF PEORIA, A PERMANENT AND
TEMPORARY EASEMENT, FOR THE CHANNEL IMPROVEMENTS AT THE 75TH
AVENUE ALIGNMENT WITHIN THE NEW RIVER CHANNEL IN GLENDALE,
ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE
RECORDED.
It was moved by Martinez, and seconded by Lieberman, to approve
Ordinance No. 2159 New Series. Motion carried on a roll call vote, with the
following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
38. PROPOSED ANNEXATION OF APPROXIMATELY 160 ACRES BETWEEN
CAMELBACK AND BETHANY HOME ROADS, AND BETWEEN 951" AVENUE
ALIGNMENT AND 99'" AVENUE
Mr. Grant Anderson, City Engineer, presented this item. On July 25, 2000, the
Glendale City Council held a public hearing for the proposed annexation of a strip of
land approximately one-quarter mile wide, adjacent west of the 95th Avenue alignment
from Camelback Road to Bethany Home Road. The area includes approximately 160
acres.
The blank annexation petition was recorded on June 28, 2000 with the Maricopa
County Recorder. According to State Statute, this started a thirty-day waiting period,
during which time the public hearing was held. The thirty-day waiting period is now over
and property owners within the area proposed to be annexed have signed the
annexation petition to indicate that they are in favor of the annexation. A sufficient
number of signatures have been obtained and the Council may now consider adoption
of an annexation ordinance.
The recommendation was to waive reading beyond the title and adopt an
ordinance annexing this area into the City of Glendale.
Ordinance No. 2160 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF
THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT
TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA
REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO
CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE
CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 134.
32
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2160 New Series. Motion carried on a roll call vote, with the following members
voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs.
Members voting "nay": none.
NEW BUSINESS
39. REQUEST FOR COUNCIL INITIATIVE TO ESTABLISH CITY ZONING ON
RECENTLY ANNEXED AREA: LOOP 101 FREEWAY TO 95TH AVENUE
BETHANY HOME TO CAMELBACK ROAD
Mr. Dean Svoboda, Planning Director, presented this item. Pursuant to approval
of Agenda Item No. 38 on this evening's agenda, the City annexed approximately 160
acres of land, which land includes the area between the Loop 101 Freeway and the 95th
Avenue alignment from the Bethany Home Road alignment to Camelback Road.
State Statutes and the Glendale Zoning Ordinance allow the City to enforce
County zoning on newly annexed lands for a maximum of six months after annexation.
City zoning should be established within this time period. Under the Arizona Revised
Statutes, the initial city zoning cannot permit uses or densities that are greater than
those permitted by the County zoning immediately before annexation.
The property is currently zoned Maricopa County Rural-43 (Agriculture), C-2 PD
(Intermediate Commercial Planned Development) and IND-1 (Planned Industrial). The
most comparable City zoning districts are A-1 (Agricultural), C-2 (General Commercial)
and B-P (Business Park).
The City Council needs to initiate the rezoning of the newly annexed area. Staff
will then implement the required Citizen Participation Plan and schedule the application
for future public hearings before the Planning Commission and City Council.
It was recommended that the City Council should initiate this rezoning from
Maricopa County Rural-43, C-2 PD and IND-1 to City A-1, C-2 and B-P.
Vice Mayor Eggleston asked if the City's proposed zoning was the closest to the
current County zoning. Mr. Svoboda confirmed that it was.
It was moved by Lieberman, and seconded by Frate, to initiate the rezoning
of the newly annexed area between the Loop 101 Freeway and the 95th Avenue
alignment from the Bethany Home road alignment to Camelback Road from
Maricopa County Rural-43, C-2 PD and IND-1 to City A-1, C-2 and B-P. The motion
carried unanimously.
33
RESOLUTIONS
40. AT&T WIRELESS — LICENSE AGREEMENT FOR WIRELESS COMMUNICA-
TIONS SITE AT 5901 WEST GREENBRIAR DRIVE
Mr. Art Lynch, Finance Director, presented this item. AT&T Wireless PCS,
L.L.C. ("AT&T") was requesting a license from the City for the construction and
operation of wireless communications facilities that will be part of AT&T's valley-wide
wireless communications system. The proposed site for AT&T's facilities is located in
front of an Arizona Public Service Company ("A.P.S.") substation located at 5901 West
Greenbriar Drive. The approval of this license will be consistent with the City's policy of
encouraging wireless communications providers to co-locate their facilities on existing
poles (or on new poles that will replace existing poles) instead of constructing new
monopoles for antennas.
As a part of the wireless site, AT&T will attach antennas to an existing A.P.S.
pole that is located in the right-of-way between the substation and 59th Avenue. AT&T
will place its ground equipment for the wireless site inside the A.P.S. substation, where
it will not be visible to the public. AT&T will need only administrative approval from the
City to comply with zoning requirements for the wireless site, because AT&T will be
using an existing A.P.S. pole for its antennas.
The effective date of the proposed agreement will be October 1 , 2000, and the
agreement will expire on September 30, 2010. However, either party may terminate the
agreement without cause, at any time after the first year of the agreement, by giving the
other party one year's advance notice of such termination. AT&T will pay rent in the
amount of $412 per month, with an annual inflation adjustment, for its use of the right-
of-way.
In 1999, the City Council approved two license agreements with VoiceStream
Wireless, formerly known as Western Wireless. In those agreements, the City granted
VoiceStream the right to attach its antennas for two wireless sites on two existing utility
poles located in the right-of-way (one owned by A.P.S. and the other owned by the Salt
River Project). The terms of the proposed agreement with AT&T are essentially the
same as the terms of the two agreements with VoiceStream, including the provisions
concerning rent, construction requirements, insurance, indemnification and
performance bonds.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to execute a License Agreement for Wireless
Communications Site in City Right-of-Way with AT&T Wireless PCS, L.L.C.
Resolution No. 3409 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 THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH AT&T WIRELESS PCS, L.L.C. FOR A WIRELESS
COMMUNICATIONS SITE IN THE CITY RIGHT-OF-WAY.
34
It was moved by Martinez, and seconded by Goulet, to approve Resolution
No. 3409 New Series. The motion carried unanimously.
41. TEA-21 GRANT APPLICATIONS
Ms. Paula Moloff, presented this item. The Transportation Equity Act for the 21St
Century (TEA-21), formerly known as ISTEA, is a five-year federal grant program,
administered by the Arizona Department of Transportation (ADOT), to enhance,
improve or beautify transportation facilities or expand alternative modes of non-
motorized transportation.
City departments have developed the following three TEA-21 projects:
1 . Design and construction of a non-motorized traffic bridge over the 71st
Avenue Wash at Skunk Creek. This project would complete an essential
connection of two segments of the 3.5-mile Skunk Creek Linear Park and
Trail System. It will provide pedestrians and bicyclists with better access
to park facilities, shops, neighborhoods and bus stops on the north side of
the Bell Road Corridor.
The total estimated project cost is $512,952. The grant request is for
$432,893. The total cash match of $80,059 (16% of the total cost)
includes $70,059 from Parks and Recreation funds designated for the
Skunk Creek Linear Park and $10,000 from the Glendale Arts
Commission for the purpose of incorporating public art elements into the
bridge.
2. Development of Glendale's Gateway Pocket Park, a gateway and rest
area project at 43rd and Peoria Avenues. This facility will serve
pedestrians, joggers, bicyclists, equestrians and mass transit commuters
that use the existing Arizona Canal multi-use trails, and increase safety for
everyone who enters this busy and dangerous intersection. The existing
Mobil station shell will be replaced with facilities and amenities such as
decorative, shaded walkways; water fountains; bike racks; enhanced
landscaping and seating areas.
The total estimated project cost is $553,059. The grant request is for
$343,059 and the cash match is $210,000 (38% of the total cost). The
source of the cash match includes an HB2565 Transit grant to purchase
the property estimated at $195,000, $5,000 from the Grants
Administration Matching Fund, and $10,000 in in-kind services.
Acceptance of this TEA-21 grant, if awarded, is contingent upon receipt of
HB2565 Transit grant funds to purchase the property.
35
3. Implementation of the Bike Box Program, a "train the trainer" bicycle driver
safety education project involving a partnership between the City of
Glendale and Phoenix Children's Hospital. The grant would pay for Bike
Box materials for a one-year pilot program which will include distribution to
all 32 elementary schools in Glendale, the City's three libraries, and five
agencies that service the target age group including the YMCA, the
Glendale Boys and Girls Club, and the Glendale Youth Center. Each Bike
Box includes the instructional materials and equipment, safety videos, a
bicycle helmet, children's worksheets, etc. needed to conduct an effective
safety class. After the grant ends, the City's traffic educator will assume
responsibility for the ongoing program cost for stocking Glendale schools
and libraries and Phoenix Children's Hospital will be responsible for
expanding the program into other areas in the Valley.
The total estimated project cost is $77,660. The grant request is for
$41,050. The cash match of $4,810 (6.2% of the total cost) is available in
the Grants Administration Matching Fund. In addition, the City of
Glendale will provide $6,800 and Phoenix Children's Hospital will provide
$25,000 of in-kind staff time.
A City Council resolution is needed to formalize the City's applications and
authorize the commitment of matching funds. ADOT's final statewide award list will be
determined sometime in the first quarter of 2001.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission of the TEA-21 applications described herein and
the required matching funds, and provide authorization to accept the grants, if awarded.
Vice Mayor Eggleston asked for confirmation that the grant for the second
project would be postponed. Ms. Moloff said that the project for a bicycle and
pedestrian underpass at 43rd Avenue and Peoria Avenues was a joint project between
the Cities of Glendale and Phoenix. She explained that, when the underpass is
constructed, the construction equipment would destroy the park and it would have to be
rebuilt. She said, for that reason, they have withdrawn that project from competition
and will re-submit it next year.
Councilmember Martinez asked if the price would go up next year. Ms. Moloff
stated that this was a possibility. She noted that they do not even know for a fact that
the property will be for sale at that time.
Councilmember Clark questioned the wisdom of an underpass. She explained
that, historically, the City has not supported underpasses because they are considered
attractive nuisances. She asked if they could re-apply for the grant with pedestrian
linkage over 43rd and Peoria Avenues. Ms. Moloff stated that it is a joint project with the
City of Phoenix. Mr. James Book, Transportation Director, explained that the prototype
is to go under and that the tunnels are not very long. He said that they have looked at
36
going under, rather than over, for aesthetic reasons. Councilmember Clark stated that
underpasses are typically not safe and that she would not support an underpass.
Vice Mayor Eggleston expressed his opinion that the underpass is necessary
because the intersection is a very dangerous one.
Ms. Moloff noted that a lot of cities are retrofitting underpasses with emergency
telephones and lighting.
Councilmember Clark restated her concern regarding the safety of underpasses.
Resolution No. 3410 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 THE SUBMISSION OF GRANT
APPLICATIONS, ALONG WITH MATCHING FUNDS, TO THE ARIZONA
DEPARTMENT OF TRANSPORTATION TO ENHANCE, IMPROVE OR BEAUTIFY
TRANSPORTATION FACILITIES OR EXPAND ALTERNATIVE MODES OF NON-
MOTORIZED TRANSPORTATION; AND AUTHORIZING THE ACCEPTANCE OF
SAID GRANTS IF AWARDED.
It was moved by Goulet, and seconded by Frate, to approve Resolution No.
3410 New Series. The motion carried unanimously.
42. DEVELOPMENT AGREEMENT - CHEVRON FACILITY AT 67TH AVENUEAND
THUNDERBIRD
Mr. Grant Anderson, City Engineer, presented this item. Mr. Jerry Moyes, the
owner of the property located at the southeast corner of 67th Avenue and Thunderbird
Road, is currently working with a commercial developer to construct a new Chevron gas
station and convenience facility. In order to meet the City requirements for this corner,
certain improvements are required, which are not totally attributed to this project. As
result, the owner has agreed to construct some non-project related improvements and
will be reimbursed by the City. Improvements included in this agreement are a bus bay
along Thunderbird Road, the purchase and relocation of traffic signal equipment, one-
half of the cost of a median in 67th Avenue south of Thunderbird Road, and the
relocation of an existing Salt River Project transformer box. The total costs of the City's
share of these improvements is $163,879.77. This amount will be paid by the City to
the owner upon completion and acceptance of these improvements. Funds are
available in Impact Fees Major Arterials Account Number 14-8992-8300.
The recommendation was to approve the development agreement with Mr. Jerry
Moyes, waive reading beyond the title and adopt a resolution authorizing the City
Manager to execute the agreement, and directing that the agreement be recorded.
Councilmember Clark asked what the developers are typically responsible for in
terms of infrastructure adjacent to their development. Mr. Anderson explained that the
Urban Design Standard guidelines, developed in response to Supreme Court rulings,
37
limit a developer's responsibility to curb and gutter and potentially sidewalk
improvements. He stated that developers are not responsible for right-turn lanes or bus
bays. Mr. Verburg stated that the Supreme Court rulings require developer
contributions imposed by governmental entities to be reasonably related to the project
and proportional to the demands that the project imposes on the public infrastructure.
Councilmember Clark stated that there have been other situations where the City had
asked a developer to provide bus bays. She asked why they were not asking the
developer in this case to incur the cost for establishing a bus bay. Mr. Anderson
explained that, in situations where a bus bay was not a rational nexus to the
development itself, they have traded off other improvements. He stated that there are
some commercial developments that have a rational relationship to bus bays and, in
those cases, they do ask the developer to put in bus bays.
Mr. Svoboda stated that whether or not zoning exists at the time makes a
difference. He explained that they have greater latitude under legislative decision than
under previously existing zoning. He said that the adoption of the impact fee ordinance
affects timing.
Mayor Scruggs stated that staff makes every effort to have developers bear the
cost of any improvements for which they should be held responsible.
Resolution No. 3411 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 A
DEVELOPMENT AGREEMENT WITH JERRY MOPES CONCERNING THE
CHEVRON FACILITY AT 67TH AVENUE AND THUNDERBIRD ROAD; AND
DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED.
It was moved by Frate, and seconded by Eggleston, to approve Resolution
No. 3411 New Series. The motion carried unanimously.
43. RESOLUTION IN SUPPORT OF LOCATING THE LOOP 303 FREEWAY IN
THE VICINITY OF THE DIXILETA/I-17 ALIGNMENT ON THE PROPOSED
LOOP 303 FREEWAY
Dr. Vanacour explained the history of the vote. He said that there have been
other organizations who have recently called for moving the alignment several miles
north of the Dixileta Drive alignment, which is in direct conflict with what voters initially
approved. He said that the Maricopa Association of Governments is currently reviewing
the location of Loop 303 between Lake Pleasant Road and 1-17. He stated that the
Loop 303 would help reduce traffic on Glendale Streets, therefore, it is important that
Glendale support a location as close to Glendale as possible.
The recommendation was to waive reading beyond the title and adopt a
resolution endorsing the voter approved connection of Loop 303 near Dixileta.
38
Resolution No. 3412 New Series was read in its entirety, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ENDORSING THE DIXILETA/I-17 ALIGNMENT ON THE
PROPOSED LOOP 303 FREEWAY.
BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF GLENDALE as follows:
WHEREAS, the voters of Maricopa County
approved a location for Loop 303 Freeway that
connected to 1-17 near the Dixileta alignment:
WHEREAS, a Loop 303 Freeway alignment near
Dixileta serves regional traffic demands and reduces
through traffic on Glendale streets; and
WHEREAS, the City of Glendale supports
completion of Loop 303 as soon as possible to relieve
existing traffic demands on City streets.
NOW THEREFORE, be it resolved as follows:
SECTION 1. That the City of Glendale supports
locating the Loop 303 Freeway in the vicinity of the
Dixileta/I-17 alignment.
It was moved by Martinez, and seconded by Frate, to approve Resolution
No. 3412 New Series. The motion carried unanimously.
BOARDS AND COMMISSIONS
44. BOARDS AND COMMISSIONS
Appointments are to be made to the following commissions that have vacancies
or expired terms.
Effective Term
Date Expires
Arts Commission
Flowers, Gary (Sahuaro) Appointment 09/12/2000 08/23/2002
Community Advisory Development Committee
Chartrand, Vernadean (Yucca) Appointment 09/12/2000 07/01/2002
39
Housing Advisory Commission
Benavides, George H. (Barrel) Appointment 09/12/2000 07/01/2001
The recommendation was to make appointments to the various Boards and
Commissions.
It was moved by Martinez, and seconded by Lieberman, to appoint Gary
Flowers (Sahuaro District appointee) to the Arts Commission; Vernadean
Chartrand (Yucca District appointee) to the Community Advisory Development
Committee, and George H. Benavides (Barrel District appointee) to the Housing
Advisory Commission, for the terms listed above. The motion carried
unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Frate, to hold City Council
Workshops on Tuesday, September 19, 2000 and Tuesday, October 3, 2000, at
1:30 p.m. in Room B-3 of the City Council Chambers, to be followed by an
Executive Session pursuant to A.R.S. 38-431.03. It was further moved to vacate
the September 26, 2000 regular Council meeting. The motion carried
unanimously.
CITIZEN COMMENTS
Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, stated
that he was unable to see plat maps when viewing the meetings from the back of the
Council Chambers and on television. He asked if the resolution could be adjusted. He
asked the Council to consider installing a heater in the Rose Lane public pool that the
City would soon be refurbishing. He explained that it would provide a place for people
to swim during the winter months. He suggested that the City could offer swimming
lessons, water aerobics, dive teams, and so forth, all year long. He estimated that it
would cost the City less than $60,000.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District
expressed concern with regard to transportation issues in the City of Glendale. He said
that he knows many elderly people who are happy that the bus system runs on
Sundays, but he pointed out that the buses do not come up to Olive and Peoria
Avenues. He stated that he was also concerned about the number of children being hit
by cars. He noted that the City of Peoria has started using luminescent green paint on
signs in school and pedestrian areas. He expressed his opinion that underpasses
would be good in terms of safety. With regard to the Wal-Mart and Home Depot stores
coming into the area, he said that he had previously been assured that they would put
in high-end retail stores. He suggested that the City concentrate on small businesses in
Glendale. He questioned the effect that construction at Grand and 59th Avenues would
have on the surrounding neighborhoods. He stated that he agreed with the Council that
the liquor laws are confusing.
40
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Goulet stated he was happy to see that the opening of the
tourism office and public restrooms was on schedule. He noted that the Fiesta
Glendale celebration begins this Friday, September 15111, and he encouraged everyone
to attend.
Councilmember Lieberman asked people to attend the Fire Prevention Parade
which will be held on Saturday, October 7th in downtown Glendale. He informed the
Council that Opal Peck had passed away. He noted that Ms. Peck's husband was both
a City Councilman and the Mayor of Glendale at one time.
Vice Mayor Eggleston stated that Valley Forward honored the City of Glendale
for its recycling efforts and for the design of the Foothills Library.
Councilmember Martinez invited people to attend the Fiesta Glendale celebration
this weekend in downtown Glendale. He thanked staff for their planning and marketing
efforts.
Councilmember Frate thanked the students of Ironwood High School for
attending the meeting.
Mayor Scruggs asked that everyone join her in wishing Vice Mayor Eggleston an
early happy birthday. She noted that his birthday would be on Thursday, September
1 5th.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 p.m.
1 /
Pamela Oliveira - City Clerk
41