HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/10/2000 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, OCTOBER 10, 2000, AT 7:00 P.M.
The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston
and the following Councilmembers 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 the 2 resolutions and 4 ordinances to
be considered at the meeting were available for public examination and the title posted
at City Hall more than 72 hours in advance of the meeting.
APPROVAL OF THE MINUTES OF SEPTEMBER 12, 2000
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the regular Council meeting held on September 12,
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
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Each year the City prepares a Comprehensive Annual Financial Report (CAFR).
Staff makes copies of this report available to the City Council, the press, other public
agencies and New York based bond rating agencies. A CAFR provides much of the
information needed for credit assessments by holders of City bonds. Preparation of a
CAFR reflects well on a local government's financial management, as it relates to
providing complete public information on its financial condition. It provides valuable
information on topics as diverse as employee pension plan performance, debt
management, and ten-year trends in general government revenues and expenditures.
The Government Finance Officers Association of the United States and Canada
(GFOA) has recently advised that the City of Glendale has once again received its
Certificate of Achievement for Excellence in Financial Reporting for the City's CAFR for
the Fiscal Year Ended June 30, 1999.
Mr. Art Lynch, Chief Financial Officer and Finance Director, presented the
Certificate of Achievement for Excellence in Financial Reporting to Mayor
Scruggs and the City Councilmembers.
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Mayor Scruggs thanked Mr. Lynch and his staff for their assistance.
RECOGNITION OF HOUSING ADVISORY COMMISSION MEMBER NANCY JUAREZ
Ms. Nancy Juarez served as a member of the Housing Advisory Commission
from October of 1999 until August of 2000, when a move from the City of Glendale
caused her resignation. During her time on the Commission, Ms. Juarez participated in
providing guidance on important issues, including the development of the first Agency
Plan for the Housing Division. Her commitment to the Glendale community in general,
and the City's housing program, should be gratefully recognized.
Mayor Scruggs presented a plaque to Ms. Nancy Juarez for outstanding
service to the City of Glendale as Housing Advisory Commissioner.
Ms. Juarez said that it had been a pleasure to serve on the Commission. She
thanked Mayor Scruggs, the Councilmembers, and Mr. David Dobrotka, Police Chief,
for being accessible to the community.
RECOGNITION OF COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
MEMBER RONALD A. JAUREGUI
Mr. Ronald A. Jauregui, a member of the Community Development Advisory
Committee (CDAC), completed his term on the Committee on July 1, 2000. During his
tenure, he spent countless volunteer hours evaluating proposals for Community
Development Block Grant (CDBG) and HOME Investment Partnerships Program funds
and advising the Council on community development funding issues. His service on the
Committee has been a critical component of the citizen participation process for the
Neighborhood Revitalization Division and his insight and enthusiasm has contributed
greatly to the success of the CDBG and HOME programs. Mr. Jauregui is to be
commended for his commitment and dedicated service to the Community Development
Advisory Committee.
Mayor Scruggs acknowledged Mr. Ronald A. Jauregui for his outstanding
service on the Community Development Advisory Committee. Mr. Jauregui was
not present to receive his plaque.
HISPANIC HERITAGE MONTH PROCLAMATION
Since 1989, by Presidential proclamation, September 15th to October 15th is
recognized as National Hispanic Heritage Month. It is recognized that the Hispanic
community was of prime importance in Glendale's early development and cultural
diversity, from the first Hispanics who came in the early 1880's to labor in the
construction of the Arizona Canal and whose descendants continue to contribute to our
community's quality of life. The members of the Hispanic community are united by the
proud heritage they share and the important contributions they have made in the United
States.
The City of Glendale recently hosted the Fiesta Glendale to kick-off National
Hispanic Heritage Month. Over 12,000 people came out to enjoy various aspects of the
Latin culture such as music, art, a fashion show, and a theatrical musical performance.
Mayor Scruggs presented the Hispanic Heritage Month proclamation to Ms.
Lupe Sierra. Ms. Sierra accepted the proclamation on behalf of the City of
Glendale Diversity Committee.
Ms. Sierra thanked Mayor Scruggs and the Council, stating that it was her
privilege to accept the proclamation on behalf of the City's Employee Diversity
Committee and the Hispanic community. She expressed appreciation for the
recognition that the Council has made of the Hispanic culture and its contributions to
the development and growth of the City.
CONSENT AGENDA
Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 5
by number and title.
Councilmember Clark requested that Consent Agenda Item No. 1 be heard
separately.
2. AWARD OF PROPOSAL 00-51, LANDFILL GAS MANAGEMENT SYSTEM
Eight proposals were received to provide all labor, materials, equipment and
services needed to perform the design and installation of a landfill gas and emission
management system. The gas management system will serve as an upgrade to the
existing passive landfill gas collection system at the closed City landfill located on the
west side of 103`d Avenue between Olive and Northern Avenues. The new system will
reduce subsurface migration of landfill gas to less than 5 % methane by volume which
is State and Federally mandated for existing landfills and recommended for closed
landfill sites.
An evaluation panel, consisting of staff from the Field Operations, Landfill, and
Engineering Departments, reviewed the proposals using specific evaluation criteria,
which included compliance with specifications, capabilities of firm and staff, cost,
warranty/ability to honor warranty and project time schedule. The offer scored highest
by the evaluation panel was submitted by Bryan Stirrat and Associates. Funding is
available in the Landfill Division's operating budget, Account Number 55-6235-7330.
The recommendation was to award the contract for the design and installation of
the new landfill gas emission system to Bryan Stirrat and Associates in the amount of
$53,140.32, taxes included.
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3. AMBULANCE CONTRACT RENEWAL WITH SOUTHWEST AMBULANCE/
RURAL METRO CORPORATION
This was a request for approval to renew an agreement between the City of
Glendale and Southwest Ambulance/Rural Metro Corporation, to provide emergency
ambulance and medical transportation service. The term of this agreement will be
approximately nine months, expiring on July 18, 2001.
The agreement renewal has been reduced to one-year increments, to give the
City greater flexibility should agreement changes be necessary due to regulatory or
economic changes impacting the ambulance company. The City may extend the term
of the agreement by additional one-year periods, with written notice given 60 calendar
days prior to the expiration of the current agreement.
At this time, there are only two ambulance companies with a Certificate of Need
certification from the Arizona Department of Health Services (DHS) that provide
emergency medical transportation in the City of Glendale. One is Southwest
Ambulance/Rural Metro Corporation. The other, Professional Medical Transport, filed
for Chapter 11 Bankruptcy in 1997, and the case is still pending. Southwest
Ambulance has provided continuous, satisfactory service to the City since 1986.
Southwest Ambulance/Rural Metro Corporation agreed to collect all patient
charges for services, in accordance with rates established by the Arizona Department
of Health Services. They will reimburse the City for those amounts collected for the
Advance Life Support (ALS) services provided by City of Glendale paramedics.
The recommendation was to authorize the City Manager to approve the renewal
of the City's ambulance contract with Southwest Ambulance/Rural Metro Corporation
through July 18, 2001.
4. AWARD OF BID 00-60, APPLICATION OF PRE-MIXED ASPHALT RUBBER
SEALANT
Two bids were received to apply an asphalt rubber crack sealant material for the
Streets Maintenance Division. This service will be provided on an "as needed" basis
beginning upon approval by the City Council and continuing for one year. The bid
specifications contain an option clause that will permit the City, at the discretion of the
City Manager, to extend this agreement for four additional years in one-year
increments.
The lowest responsive bid was submitted by CPC Concrete Cutting Inc. Funding
is available in the Street's Division operating budget, Account Number 12-6232-7330.
The recommendation was to award the contract for the application of pre-mixed
asphalt rubber sealant to CPC Concrete Cutting Inc. in the amount of $200,000, taxes
included.
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5. CONTRACT AWARD FOR FINANCIAL SOFTWARE UPGRADE
This was a request for City Council approval of a professional service contract to
Carrera-Maximus, Inc., in the amount of $61,600, for providing additional upgrade
services. These services will include on-site system set-up and testing for the
functional area. The consultant will work with the project manager to define specific
tasks to accomplish changing from version 5.0 to 7.5. In addition, they will supplement
staff testing processes and facilitate the upgrading of new features within our existing
modules, including Asset Management for GASB 34 implementation. Carrera has
worked with PeopleSoft directly during development of new releases.
Currently, the City is using the old release of PeopleSoft 5.0. This version does
not provide any support in the event our financial system fails. Upgrading to 7.5 will
provide support. The 7.5 upgrade will also enable the City to capture information for
GASBE 34. Drill down capability.
Carrera Maximus' in depth understanding of public sector requirements,
combined with its vast knowledge of complex project implementations, enables the firm
to be a trusted supplier that can meet the increasingly complex technological demands
of the City.
Staff reviewed three proposals, and concluded that Carrera Maximus, Inc. was
the most responsive firm and best qualified, based on the City's needs. The Chief
Financial Officer successfully negotiated a blended rate of $135 per hour for all
services, versus the current market rate charged by PeopleSoft of $235. Funds are
available in the Information Systems operating budget, Account Number 01-2310-7330.
The recommendation was to approve the professional services contract to
Carrera Maximus, Inc. in an amount not to exceed $61,600.
CONSENT RESOLUTIONS
6. DEVELOPMENT AGREEMENT - COURTLAND HOMES INC. AT PARK
PASEO
Courtland Homes, Inc. is currently developing approximately 55 acres of
undeveloped real property located between Bell and Greenway Roads, and between
71St Avenue and the City limits common with the City of Peoria. The final plat for this
development, recorded as Park Paseo, has already been approved by City Council.
In this development agreement, the developer will construct full street
improvements for Greenway Road east of their project site. These improvements will
provide for access to the 6.11 acres recently purchased for a future city park west of
71St Avenue and Greenway Road. Combining this work with the developer's
construction activities on their subdivision will result in a considerable savings to the
City.
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This development agreement sets out the City's and the developer's
responsibilities and was prepared by the City Attorney's Office. The City's total
reimbursement to the developer shall not exceed $114,836.40. Funds for this
construction are available in Greenway Road, 67th to 75th Avenue, Account Number 61-
8812-8300.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to execute a development agreement with
Courtland Homes, Inc. and directing that the agreement be recorded.
Resolution No. 3413 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 COURTLAND HOMES, INC.; AND DIRECTING
THAT THE DEVELOPMENT AGREEMENT BE RECORDED.
7. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR SEAT BELT AND
CHILD RESTRAINT ENFORCEMENT
The Glendale Police Department has been offered a grant for $30,000 from the
Governor's Office of Highway Safety. The grant will provide overtime funding to be
used for seat belt and child restraint enforcement in the City of Glendale thorough a
quarterly enforcement program that will include public information, education, and
networking with other agencies participating in the National Buckle-Up America
Program. The grant will also provide for the enforcement of all traffic violations.
The Glendale Police Department will participate in four quarterly enforcement
waves. The overtime factored in each wave is $7,500, not to exceed $30,000 at the
end of the project. Each enforcement wave will be one week in duration as follows:
Dates Week
November 25 through December 1, 2000 Thanksgiving Week
February 10 through February 16, 2001 Child Passenger Safety Week
May 12 through May 18, 2001 Special Enforcement Buckle-Up
America Week
August 18 through August 24, 2001 Start of School Week
The Glendale Police Department will conduct pre-wave and post-wave
observation surveys to determine seat belt and child restraint usage. Survey locations
are at the discretion of the Glendale Police Department.
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Each Enforcement Wave will include the following components:
• Maintain a high profile when enforcing vehicle occupant protection laws
during all traffic stops.
• Use of A-frame signs or message sign light bars to announce enforcement.
• Media coverage
There are no City-match funds required.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to accept a grant from the Governor's Office of
Highway Safety for overtime funds totaling $30,000.
Resolution No. 3414 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 SEAT BELT AND CHILD RESTRAINT ENFORCEMENT.
Mr. Leonard Clark a resident of the Cit of Glendale Barrel District spoke
regarding the development agreement with Courtland Homes Inc. at Park Paseo. He
said that it is always good when the City can work with developers and save money.
He suggested that the City should always drive a "hard bargain" with developers.
It was moved by Lieberman, and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 2 through 7, including the
approval and adoption of Resolution Nos. 3413 New Series, and 3414 New Series.
The motion carried unanimously.
1. SUPPLEMENTAL FUNDS FOR THE CHAMBER OF COMMERCE
This was a request by the Glendale Chamber of Commerce (the Chamber) for
$39,000 to retire existing debt and expenses. The Chamber and the City of Glendale
have partnered in a variety of endeavors for many years. The Chamber is committed to
becoming financially sound and this investment in the Chamber will allow it to positively
affect the City of Glendale, the West Valley, and the State of Arizona.
Funds are available for this request in General Fund Contingency Account
Number 01-2450-7000.
The recommendation was to approve the request by the Glendale Chamber of
Commerce for $39,000.
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Councilmember Clark asked to address a representative of the Chamber. She
asked Ms. Gail Meyers if the Chamber had attempted to retire the debt either by
creating a special assessment or by holding special fund raising events.
Ms. Gail Meyers, Chairman of the Board of the Glendale Chamber of
Commerce, said numerous attempts had been made to retire the debt. She stated that
the Chamber had pursued loans and other types of revenue and, in fact, had retired a
good portion of the debt. She said that the remaining $39,000 kept the Chamber from
being financially sound and, rather than extend the debt for another two or three years,
she asked that the City provide the funds to retire the debts.
Councilmember Clark asked what the funds would be used for specifically. Ms.
Meyers explained that they had only been able to pay interest on a private note taken
out five years ago. She said that the funds would be used to pay back taxes and
employee expenses, including promised wages and retirement expenses.
Councilmember Clark asked Ms. Meyers if she anticipated this as being a one-
time request. Ms. Meyers stated that she did.
Councilmember Martinez stated his support for the Chamber. He noted that it
does a lot to attract new business to the City of Glendale. He that said he would
support the request.
Councilmember Lieberman said he recommended that the City support the
request.
Mayor Scruggs recognized various corporations for their assistance to the
Chamber during the past year.
Councilmember Clark stated that, although she supported the Chamber, she
would not support the request as a matter of principal. She questioned whether retiring
the debt of a private organization was an appropriate use of taxpayers' funds.
It was moved by Lieberman, and seconded by Martinez, to approve the
recommended action on Item No. 1. The motion carried, with Clark voting "nay".
LAND DEVELOPMENT ACTIONS
8. ZONING VARIANCE APPLICATION APPEAL ZV-99-28: 6829 NORTH 61sT
AVENUE - CONTINUED
This was request by Councilmember David Goulet to appeal the Board of
Adjustment's approval of Variance Application ZV-99-28. The variance request will
reduce the required side setbacks from 20 feet to 5 feet and 10 feet in the R-3 (Multiple
Residence) zoning district. The property is located at 6829 North 61St Avenue.
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On July 13, 2000, the Board of Adjustment conducted a noticed public hearing
on Variance Application ZV-99-28. The Board approved the request after determining
that it did meet all of the required findings required by the Arizona State Statutes and
the Glendale Zoning Ordinance. The required findings are as follows:
1. There are special circumstances or conditions applicable to the property,
including its size, shape, topography, location, or surroundings which were
not self-imposed by the owner;
2. Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties of the same classification in the same zoning district;
3. The variance is the minimum necessary to alleviate the property hardship;
and
4. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the City in general.
The record of the July 13, 2000, Board of Adjustment hearing consists of the
following exhibits:
A. Councilmember David Goulet's letter of appeal dated July 19, 2000.
B. The Planning Department's report to the Board of Adjustment with
attachments.
C. Verbatim minutes of the July 13, 2000 Board of Adjustment meeting.
The recommendation was to review the record of the Board of Adjustment,
consider Councilmember Goulet's appeal and, based upon the evidence before the
Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's
decision.
9. ZONING VARIANCE APPLICATION APPEAL ZV-00-10: 6825 NORTH 61ST
AVENUE - CONTINUED
This was a request by Councilmember David Goulet to appeal the Board of
Adjustment's approval of Variance Application ZV-00-10. The variance request will
reduce the required side setbacks from 20 feet to 5 feet and 10 feet in the R-3 (Multiple
Residence) zoning district. The property is located at 6825 North 61St Avenue.
On July 13, 2000, the Board of Adjustment conducted a noticed public hearing
on Variance Application ZV-00-10. The Board approved the request after determining
that it did meet all of the required finding required by the Arizona State Statutes and the
Glendale Zoning Ordinance. The required findings are as follows:
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1. There are special circumstances or conditions applicable to the property
including its size, shape, topography, location, or surroundings which were
not self-imposed by the owner;
2. Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties of the same classification in the same zoning district;
3 The variance is the minimum necessary to alleviate the property hardship;
and
4. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the City in general.
The record of the July 13, 2000 Board of Adjustment hearing consists of the
following exhibits:
A. Councilmember David Goulet's letter of appeal dated July 19, 2000.
B. The Planning Department's report to the Board of Adjustment with
attachments.
C. Verbatim minutes of the July 13, 2000 Board of Adjustment meeting.
(See Council Communication for ZV-99-28)
The recommendation was to review the record of the Board of Adjustment,
consider Councilmember Goulet's appeal and, based upon the evidence before the
Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's
decision.
10. ZONING VARIANCE APPLICATION APPEAL ZV-00-11: 6735 NORTH 61ST
AVENUE - CONTINUED
This was a request by Councilmember David Goulet to appeal the Board of
Adjustment's approval of Variance Application ZV-00-11. The variance request will
reduce the required side setbacks from 20 feet to 5 feet and 10 feet in the R-3 (Multiple
Residence) zoning district. The property is located at 6735 North 61St Avenue.
On July 13, 2000, the Board of Adjustment conducted a noticed public hearing
on Variance Application ZV-00-11. The Board approved the request after determining
that it did meet all of the required finding required by the Arizona State Statutes and the
Glendale Zoning Ordinance. The required findings are as follows:
1. There are special circumstances or conditions applicable to the property,
including its size, shape, topography, location, or surroundings which were
not self-imposed by the owner;
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2. Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties of the same classification in the same zoning district;
3. The variance is the minimum necessary to alleviate the property hardship;
and
4. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the City in general.
The record of the July 13, 2000, Board of Adjustment hearing consists of the
following exhibits:
A. Councilmember David Goulet's letter of appeal dated July 19, 2000.
B. The Planning Department's report to the Board of Adjustment with
attachments.
C. Verbatim minutes of the July 13, 2000, Board of Adjustment meeting.
(See Council Communication for ZV-99-28)
The recommendation was to review the record of the Board of Adjustment,
consider Councilmember Goulet's appeal and, based upon the evidence before the
Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's
decision.
11. ZONING VARIANCE APPLICATION APPEAL ZV-OO-12: 683. 0 NORTH 60th
AVENUE - CONTINUED
This was a request by Councilmember David Goulet to appeal the Board of
Adjustment's approval of Variance Application ZV-00-12. The variance request will
reduce the required side setbacks from 20 feet to 5 feet and 10 feet in the R-3 (Multiple
Residence) zoning district. The property is located at 6830 North 60th Avenue.
On July 13, 2000 the Board of Adjustment conducted a noticed public hearing on
Variance Application ZV-00-12. The Board approved the request after determining that
it did meet all of the required finding required by the Arizona State Statutes and the
Glendale Zoning Ordinance. The required findings are as follows:
1. There are special circumstances or conditions applicable to the property
including its size, shape, topography, location, or surroundings which were
not self imposed by the owner;
2. Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties of the same classification in the same zoning district;
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3. The variance is the minimum necessary to alleviate the property hardship;
and
4. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the city in general.
The record of the July 13, 2000 Board of Adjustment hearing consists of the
following exhibits:
A. Councilmember David Goulet's letter of appeal dated July 19, 2000.
B. The Planning Department's report to the Board of Adjustment with
attachments.
C. Verbatim minutes of the July 13, 2000 Board of Adjustment meeting.
(See Council Communication for ZV-99-28)
The recommendation was to review the record of the Board of Adjustment,
consider Councilmember Goulet's appeal and, based upon the evidence before the
Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's
decision.
12. ZONING VARIANCE APPLICATION APPEAL ZV-00-13: 6833 NORTH 60th
AVENUE - CONTINUED
This was a request by Councilmember David Goulet to appeal the Board of
Adjustment's approval of Variance Application ZV-00-13. The variance request will
reduce the required side setbacks from 20 feet to 5 feet and 10 feet in the R-3 (Multiple
Residence) zoning district. The property is located at 6833 North 60th Avenue.
On July 13, 2000 the Board of Adjustment conducted a noticed public hearing on
Variance Application ZV-00-13. The Board approved the request after determining that
it did meet all of the required finding required by the Arizona State Statutes and the
Glendale Zoning Ordinance. The required findings are as follows:
1. There are special circumstances or conditions applicable to the property
including its size, shape, topography, location, or surroundings which were
not self imposed by the owner;
2. Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties of the same classification in the same zoning district;
3. The variance is the minimum necessary to alleviate the property hardship;
and
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4. Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the City in general.
The record of the July 13, 2000 Board of Adjustment hearing consists of the
following exhibits:
A. Councilmember David Goulet's letter of appeal dated July 19, 2000.
B. The Planning Department's report to the Board of Adjustment with
attachments.
C. Verbatim minutes of the July 13, 2000, Board of Adjustment meeting.
(See Council Communication for ZV-99-28)
The recommendation was to review the record of the Board of Adjustment,
consider Councilmember Goulet's appeal and, based upon the evidence before the
Board of Adjustment, act to affirm or reverse, in whole or in part, or modify the Board's
decision.
Mr. Verburg informed the Mayor and Council that he had received a formal
request to continue Agenda Item Nos. 8, 9, 10, 11 and 12 to January or February of
2001.
It was moved by Goulet, and seconded by Clark, to continue Agenda Item
Nos. 8, 9, 10, 11 and 12 to a future date. The motion carried unanimously.
13. CALL FOR EXECUTIVE SESSION
Pursuant to A.R.S. 38-431. 03 (3), the City Council may enter in an Executive
Session to receive legal advice from the Acting City Attorney, regarding the Council's
obligations for hearing appeals for the Board of Adjustment regarding zoning variance
applications.
The recommendation was to call for the Special Executive Session to receive
legal advice.
14. RECONVENE TO DELIBERATE AND RENDER A DECISION REGARDING
BOARD OF ADJUSTMENT APPLICATIONS
The City Council will reconvene to deliberate and render a decision regarding the
appeal of the Board of Adjustment decision regarding ZV-99-28, ZV-00-10, ZV-00-11,
ZV-00-12 and ZV-00-13.
The recommendation was to reconvene the hearing for the appeal of the Board
of Adjustment decisions.
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Since Agenda Item Nos. 8, 9, 10, 11 and 12 were continued, Agenda Item
Nos. 13 and 14 were not considered.
BIDS AND CONTRACTS
15. AWARD OF CONSTRUCTION CONTRACT — SUNBURST FARMS
NEIGHBORHOOD IMPROVEMENTS (NEIGHBORHOOD PARTNERSHIP
GRANT) _ - --------
Mr. Patrick Krause, Neighborhood Partnership Management Assistant,
presented this request for City Council award of a construction contract to Sunburst
Landscaping, Inc. in the amount of $117,447.85, for the installation of new right-of-way
landscaping and equestrian trail improvements along the west side of 51St Avenue, from
Greenway Road to Paradise Lane, in the Sunburst Farms Neighborhood.
This project is a neighborhood grant project funded through the Neighborhood
Partnership Program. The Mayor and City Council have previously approved funding
for these improvements in two phases. Initially, the Sunburst Farms Neighborhood
Association applied for and received $16,524.75 in Fall 1999 Neighborhood Partnership
Funds for the design of the requested landscaping and equestrian trail improvements.
As a part of the design process, the plans were reviewed and approved by the Sunburst
Farms Neighborhood, the Glendale Equestrian Club, and City staff. Upon completion
of the design, and based on cost estimates provided by the design company, the
neighborhood applied for and received $169,166 in Spring 2000 Neighborhood
Partnership Funds for the construction of the improvements.
Eight bids were received and opened at 10:00 a.m., on Thursday, September 7,
2000. Sunburst Landscaping, Inc., a qualified and licensed contractor, submitted the
most qualified bid in the amount of $117,447.85. Funds are available for the
construction of this project in Account Number 01-8968-8330 (Neighborhood
Partnership Grant Fund).
In keeping with past practice, the balance of any unspent grant funds at the
completion of this project will be applied to the next neighborhood improvement grants
cycle (Fall 2000).
The recommendation was to award the construction contract to Sunburst
Landscaping, Inc. in the amount of $117,447.85, taxes included.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated
that he was in favor of the City's funding of the second phase of the equestrian trail. He
said, however, that he would like assurances that the land would remain available for
public use.
Councilmember Clark pointed out that, according to the Council communication,
the trails would be available to all citizens.
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It was moved by Frate, and seconded by Martinez, to award the
construction contract to Sunburst Landscaping, Inc. in the amount of
$117,447.85, taxes included. The motion carried unanimously.
16. AWARD OF CONSTRUCTION CONTRACT — ELSIE McCARTHY SENSORY
GARDEN -- ------ ,
Mr. Grant Anderson, City Engineer, presented this request for City Council award
of a construction contract to Recon, Inc. in the amount of $449,555 for the construction
of the Elsie McCarthy Sensory Garden.
The City of Glendale was a beneficiary in the estate trust of Elsie McCarthy in
1995. The bequest is being used to design, improve and maintain a scented and tactile
garden for the visually impaired on a 1.5 acre City parcel along the east side of 55th
Avenue, immediately north of Sands Park. The Garden will be a multi-sensory
environment, comprised of five unique garden spaces that create a sensory reference
system for the user through changes in textured pavement, the subtleties of sound in
water features, color contrasts, and the scent and feel of a variety of plant materials.
The garden is a reflection of the City's sensitivity to the visually impaired, and will be a
tremendous asset to the City and the visually impaired community in the entire Valley.
On September 14, 2000, the City received and opened one bid for the project
from Recon, Inc. in the amount of $449,555. The receipt of a single bid was not
surprising for this project due to the uniqueness of the sensory garden design
components and the very busy construction industry. There were five prospective
bidders that showed an interest in the project by obtaining project plans and
specifications. Their attendance at the mandatory pre-bid meeting qualified them to
submit a bid. The sensory garden project plans include miscellaneous landscape and
walkway improvements to a portion of the existing Sands Park bordering the sensory
garden, and the repavement of the existing parking lot. The portion of the project costs
associated with these existing park improvements is $46,841. In addition to the park
improvements, the Arts Commission has set aside a Council approved contingency
budget for the costs associated with the art sculpture to be located in the garden. The
cost for these items are $6,246.
Funds are available in Elsie McCarthy Sensory Garden Project Account Number
01-8974-8300. Budget transfers need to be made into the project account in the
amount of $46,841 from Facilities Renovation Account Number 36-8519-8300 for
reimbursement for the non-garden improvements to the existing Sands Park and
$6,246 from Public Art Fund Account Number 70-9700-8800 for reimbursement for the
costs associated with the art sculpture.
The recommendation was to approve the transfer of funds and award the
construction contract to Recon, Inc. in the amount of $449,555 for construction of the
Elsie McCarthy Sensory Garden.
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Mr. Leonard Clark, a resident of the City of Glendale Barrel District
applauded the City on this unique park project. He noted that he has a visually
impaired friend who will enjoy it.
It was moved by Goulet, and seconded by Clark, to approve the transfer of
funds and award the construction contract to Recon, Inc. in the amount of
$449,555 for construction of the Elsie McCarthy Sensory Garden. The motion
carried unanimously.
17. APPROVAL OF CONTRACTS WITH PREHAB OF ARIZONA TO PROVIDE
DOMESTIC VIOLENCE SERVICES WITH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
Ms. Gloria Santiago, Neighborhood Revitalization Manager, presented this item.
During Fiscal Years 1999/2000 and 2000/2001, the City Council approved the allocation
of Community Development Block Grant (CDBG) funds to the Faith House Agencies.
The Faith House Agencies operated Villa de Fidelis, a domestic violence emergency
shelter, and provided outpatient counseling services. Earlier this year, the Faith House
Agencies suspended all services because of organizational and financial difficulties.
The executive director resigned and the Board of Directors hired an interim director to
review the overall structure and develop a business plan. While the agency went
through this process, the City suspended use of the CDBG funds until the restructuring
was complete.
As a result of the restructuring, the Faith House Board of Directors voted to
transfer all programs, assets, and liabilities of the organization to PREHAB of Arizona.
PREHAB of Arizona is a Mesa-based agency that was incorporated in 1971. It provides
a variety of programs throughout the Valley that focus on prevention and rehabilitation.
Some of the programs offered are residential treatment centers, counseling, a family
shelter, and job training programs. The agency has an annual budget of $11.2 million
and a staff of 250 people. Its funding sources are diverse; it receives grants from the
Department of Justice, Department of Health and Human Services, Value Options, and
CDBG funds from the cities of Mesa, Tempe, Gilbert, and Scottsdale.
PREHAB of Arizona has requested that CDBG funds allocated to the Faith
House Agencies be reassigned to its organization for the purpose of providing the same
services outlined in the original applications. The City Council approves all CDBG
allocations by an ordinance that authorizes the City Manager to sign all contracts as
long as the service provider is consistent with the approved annual plan. In order to
reassign funds to a new service provider, the City Council must review and approve the
change. The Community Development Advisory Committee reviewed and approved
PREHAB's request at its August 16, 2000 meeting. The CDBG funds that would be
reassigned are:
• Fiscal Year 1999/2000: $193,265 to landscape the exterior grounds of the
domestic violence shelter;
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• Fiscal Year 2000/2001: $40,000 for emergency shelter beds at the shelter;
• Fiscal Year 2000/2001: $7,500 for counseling and educational programs to
prevent domestic violence.
The recommendation was to approve the reassignment of $240,765 in CDBG
funds from Faith House Agencies to PREHAB of Arizona and authorize the City
Manager or his designee to enter into three contracts with PREHAB of Arizona.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated
that he lives across the street from that area and it is great that the City is taking part in
the program.
It was moved by Lieberman, and seconded by Frate, to approve the
reassignment of $240,765 in Community Development Block Grant (CDBG) funds
from Faith House Agencies to PREHAB of Arizona and authorize the City Manager
or his designee to enter into three contracts with PREHAB of Arizona. The
motion carried unanimously.
SPECIAL EVENT LIQUOR LICENSES
18. SPECIAL EVENT LIQUOR LICENSE FOR ST. HELEN'S CHURCH — OCTOBER
21, 2000
This was a request for a special event liquor license for St. Helen's Church. The
event is the Las Vegas Night, 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 from 6:30 p.m. to 10:00 p.m. on Saturday, October 21,
2000. This is the third 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.
19. SPECIAL EVENT LIQUOR LICENSE FOR ST. HELEN'S CHURCH _- MAY 5
2001
This was a request for a special event liquor license for St. Helen's Church. The
event is the annual appreciation dinner, a fundraiser, which will be located at St.
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Helen's Church, 5510 West Cholla Avenue. This event is sponsored by St. Helen's
Church.
The event will be held from 6:30 p.m. to 9:30 p.m. on Saturday, May 5, 2001.
This is the first special event license requested by this applicant for 2001. If this license
is approved, the total days expended by this applicant will be 1 of the allowed 10 days
for 2001.
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.
20. SPECIAL EVENT LIQUOR LICENSE FOR LUKE SECURITY FORCES
ASSOCIATION - OCTOBER 28-292000
This was a request for a special event liquor license for the Luke Security Forces
Association. The event is an air show and fundraiser at the Glendale Airport, which is
located at 6841 North Glen Harbor Boulevard. This event is sponsored by the Luke
Security Forces Association.
The event will be held from 10:00 a.m. to 5:00 p.m. on Saturday, October 28,
2000 and from 10:00 a.m. to 5:00 p.m. on Sunday, October 29, 2000. This is the first
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 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.
21. SPECIAL EVENT LIQUOR LICENSE FOR THE DEER VALLEY EDUCATION
FOUNDATION — NOVEMBER 18, 2000
This was a request for a special event liquor license for the Deer Valley
Education Foundation. The event is the annual golf tournament, dinner and auction, a
fundraiser, which will be located at the Legend Golf Course, 21027 North 67th Avenue.
The special event liquor license is for the dinner and auction that will be held in
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conjunction with the golf tournament. This event is sponsored by the Deer Valley
Education Foundation.
The event will be held from 5:00 p.m. to 11:00 p.m. on Saturday, November 18,
2000. This is the first special event license requested by this applicant this year. If this
license is approved, the total days expended by this applicant will be 1 of the allowed
10 day 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. 18, 19, 20
and 21. As there were no comments, she closed the public hearing.
It was moved by Martinez, and seconded by Frate, to forward the special
event liquor license applications for (1) St. Helen's Church for a Las Vegas night
fundraiser to be held at St. Helen's Church, 5510 West Cholla Avenue, on October
21, 2000; (2) St. Helen's Church for its annual appreciation dinner fundraiser to be
held at St. Helen's Church, 5510 West Cholla Avenue, on May 5, 2001; (3) Luke
Security Forces Association for an air show and fundraiser to be held at the
Glendale Airport, 6841 North Glen Harbor Boulevard, on October 28 and 29, 2000;
and (4) Deer Valley Education Foundation for its annual golf tournament, dinner
and auction fundraiser, to be held at the Legend Golf Course, 21027 North 27th
Avenue on November 18, 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
Councilmember Lieberman requested that Agenda Item No. 23 be heard separately.
22. LIQUOR LICENSE NO. 3-725 — GLENDALE MARKET & DELI
This was a request for a new series 10 (off-sale retail, beer & wine) license for
Glendale Market & Deli, which is located 6448 West Glendale Avenue. The previous
owner operated this business as Glendale Market & Deli and held a series 10 (off-sale
retail, beer & wine) license at this location. A new series 10 license is required for this
location because the previous owner, a partnership, has added a new partner and
because the existing series 10 license is non-transferable.
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The State of Arizona Department of Liquor Licenses and Control is allowing the
new partnership to continue operating the business without an interim permit while it
obtains a new series 10 license. The approval of this license will not increase the total
number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The applicant was notified by certified mail of
the hearing date, place and time. The Planning Department, the Police Department
and the Maricopa County Health Department have reviewed the application and have
determined that it meets all technical requirements.
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 No. 22. As there
were no comments, she closed the public hearing.
It was moved by Lieberman, and seconded by Eggleston, to forward Liquor
License Application No. 3-725 for Glendale Market & Deli to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
23. LIQUOR LICENSE NO. 3-726 — THE SUSHI
This was a request for a series 12 (restaurant) license for The Sushi, which is
located at 6645 West Bell Road, Suite 103. No prior liquor licenses have been issued
at this location. The approval of this license will increase the number of liquor licenses
in this area by one.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The applicant was notified by certified mail of
the hearing date, place and time. The Planning Department, the Police Department
and the Maricopa County Health Department have reviewed the application and have
determined that it meets all technical requirements.
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.
Mr. Ken Hatakevama, the applicant, explained that he wants to serve people in
the area. He explained it would be a full-service restaurant with no outside seating.
Mayor Scruggs opened the public hearing on Agenda Item No. 23. As there
were no comments, she closed the public hearing.
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Councilmember Lieberman stated that he could not approve the request
because there are already 32 liquor licenses within a one-mile radius of this site.
Councilmember Martinez said that he would support the application because it
would be unfair to the small business not to support it. He noted that a number of the
32 liquor licenses are for restaurants in the area.
Mayor Scruggs noted for the audience that Bell Road is a regional corridor that
services the Cities of Peoria and Phoenix, as well as the City of Glendale. She said
that 14 of the 32 liquor licenses are for restaurants and five are for grocery stores.
It was moved by Martinez, and seconded by Goulet, to forward Liquor
License Application No. 3-726 for The Sushi to the State of Arizona Department of
Liquor Licenses and Control, with the recommendation for approval. The motion
carried, with Lieberman voting "nay".
ORDINANCES
24. ACQUISITION OF ADDITIONAL RIGHT-OF-WAY AT 7925 WEST BETHANY
HOME ROAD
Mr. Grant Anderson, City Engineer, presented this item. In the Fall of 1999, the
City approached the West Side Church of God to acquire a 22' wide strip of land, for
road widening purposes, from a 0.38 acre parcel purchased by the Church in April of
1999. The existing right-of-way along the Church property is 55', except for along the
0.38 acre parcel, where the right-of-way is only 33' in width. Acquiring the additional 22'
street width (approximately 3,423 square feet) would make the right-of-way along the
entire Church property consistent in width. At present, the right-of-way narrows only in
front of the 0.38 acre parcel. The City initially approached the Church in conjunction
with the Bethany Home Road Street and Storm Drain Improvement Project, but
recognized that construction would not likely reach this location for several years.
The 0.38 acre parcel is improved with an older residential structure that the
Church began using for storage purposes. The Church desires to continue using the
structure for as long as possible before actual road construction begins and also
desires to salvage as much of the structure as possible prior to its demolition. The City
would like to ensure that it can utilize the right-of-way for roadway purposes when it is
ready to do so without paying higher acquisition costs in the future.
As a result, the Church has executed a Real Property Option Agreement that
enables the City to purchase the right-of-way for $3,500. At any time during the next
three years, the City may exercise its option and acquire the right-of-way in fee interest.
Until such time as the City exercises its option, the Church will continue to use the
existing building structure and has agreed to demolish the structure prior to or at such
time as the City exercises its option.
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The cost of this acquisition is $3,500, plus customary escrow closing costs,
which is available in Bethany Home Road Project Account Number 61-8816-8300.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to sign all documents necessary relating to the
Real Property Option Agreement to acquire this property for right-of-way purposes.
Ordinance No. 2161 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 AND DIRECTING THE ACQUISITION OF A
PORTION OF CERTAIN REAL PROPERTY LOCATED AT 7925 WEST BETHANY
HOME ROAD IN GLENDALE, MARICOPA COUNTY, ARIZONA, TO BE USED FOR
ADDITIONAL RIGHT-OF-WAY FOR THE BETHANY HOME ROAD STREET AND
STORM DRAIN IMPROVEMENT PROJECT AND DIRECTING THE EXECUTION OF A
REAL PROPERTY OPTION AGREEMENT AND OTHER DOCUMENTS NECESSARY
TO ACQUIRE THIS PROPERTY.
It was moved by Clark, and seconded by Eggleston, to approve Ordinance
No. 2161 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.
25. ARIZONA PUBLIC SERVICE EASEMENT— GLENN DRIVE AND 57TH AVENUE
Mr. Grant Anderson, City Engineer, presented this item. Arizona Public Service
is relocating utility lines in the downtown area at the City's request and needs an
easement for a transformer site adjacent to a City parking facility. The transformer will
be situated at the north end of the public parking lot located at the southwest corner of
57th Avenue and Glenn Drive. The site will not result in the loss of any parking spaces
and has been recommended for approval by City Engineering and Traffic Engineering
staff.
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 a utility easement in favor of Arizona
Public Service.
Ordinance No. 2162 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 A UTILITY
EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY FOR A
TRANSFORMER SITUATED AT THE NORTH END OF THE PUBLIC PARKING LOT
LOCATED AT THE SOUTHWEST CORNER OF 57TH AVENUE AND GLENN DRIVE,
IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS
ORDINANCE BE RECORDED.
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It was moved by Goulet, and seconded by Lieberman, to approve
Ordinance No. 2162 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.
26. ARIZONA PUBLIC SERVICE EASEMENT AT THE MATERIAL RECOVERY
FACILITY
Mr. Grant Anderson, City Engineer, presented this item. In July of 2000, the City
of Glendale Material Recovery Facility was nearing completion and electricity was
needed to complete construction and test the facilities systems. At that time, Arizona
Public Service agreed to connect the power lines to the facility and obtain an easement
at a later date. Arizona Public Service is now requesting the City grant it an easement
for power lines currently supplying the Material Recovery Facility.
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 a utility easement in favor of Arizona
Public Service for the Material Recovery Facility.
Ordinance No. 2163 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 A UTILITY
EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY FOR POWER
LINES CURRENTLY SUPPLYING THE MATERIAL RECOVERY FACILITY IN
GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS
ORDINANCE BE RECORDED.
It was moved by Frate, and seconded by Clark, to approve Ordinance No.
2163 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.
27. ABANDONMENT OF THE REMAINING PORTION OF F 62ND DRIVE BETWEEN
GLENDALE AVENUE AND OCOTILLO ROAD
Mr. Grant Anderson, City Engineer, presented this item. Earlier this year, a
property owner brought to the City's attention the fact that all but a very small portion of
62nd Drive, south of Glendale Avenue, had been abandoned. After investigation, staff
initiated the abandonment request.
In 1959, the right-of-way for 62nd Drive, located midway between 62nd and 63rd
Avenues, south of Glendale Avenue, was dedicated to the City by the adjacent property
owners. The road was never constructed nor opened for public use. In September of
1968, the City Council abandoned most of this right-of-way, subject to reversion if the
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City ever deemed it necessary to open 62nd Drive. It appears that the intended
abandonment did not include a small strip of land 30 feet in width and 120 feet in length
midway between Glendale Avenue and Ocotillo Road.
The adjacent property owners use the area as part of their yards, yet the area
belongs to the City. In order to relieve the City of potential maintenance responsibilities
and clear up title issues for the 3,600 square foot right-of-way, the area should be
abandoned to the adjacent property owners. The same reversionary clause that was
used in 1968 can be incorporated into the abandonment. Therefore, should the City
ever need to open 62nd Drive, it will not be necessary to acquire new right-of-way.
There are no costs associated with this abandonment request.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning the remaining right-of-way for 62nd Drive between Glendale
Avenue and Ocotillo Road, subject to a reversion to the City that the right-of-way will be
rededicated at no cost to the City if and when the City deems it necessary to open 62nd
Drive.
Ordinance No. 2164 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 ABANDONMENT OF THE REMAINING
PORTION OF 62ND DRIVE BETWEEN GLENDALE AVENUE AND OCOTILLO ROAD
TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY SUBJECT TO
REVERSION SHOULD THE CITY OF GLENDALE EVER NEED TO OPEN 62ND
DRIVE; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF
THIS ORDINANCE.
It was moved by Goulet, and seconded by Martinez, to approve Ordinance
No. 2164 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
28. PUBLIC HEARING — PROPOSED ANNEXATION OF APPROXIMATELY 80
ACRES LOCATED AT THE NORTHEAST CORNER OF CAMELBACK AND
LITCHFIELD ROADS — — — -__
Mr. Grant Anderson, City Engineer, presented this item. The City of Litchfield
Park, Arizona, and Ms. Charlene Bodine, the owner of the 80-acre parcel at the
northeast corner of Camelback and Litchfield Roads, initiated this annexation request.
The City of Litchfield Park desires to annex the Bodine property into its corporate limits,
and the owner is in favor of annexation by the City of Litchfield Park. The City of
Litchfield Park cannot currently annex the property because of the City of Glendale's
strip annex areas along Litchfield and Camelback Roads. The City must first annex the
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Bodine property and then deannex all but a new strip annexation area around the
Bodine property. After the deannexation by the City of Glendale, the City of Litchfield
Park can proceed with its annexation.
The blank petition was recorded on September 19, 2000 at the Maricopa County
Recorder's Office. The City is within the thirty-day waiting period required by State
Statute.
Recording the petition is the first step in an annexation process. The next step
required is for the City Council to hold a public hearing. All property owners within the
area have been notified of this hearing by first class mail. The property has been
posted with signs in at least three conspicuous places, and the hearing has been
advertised in the Glendale Star. Once a public hearing has been held and the thirty-day
waiting period is up, the City will proceed with gathering the signatures required by law
to continue the annexation process. If a sufficient number of signatures in favor of the
annexation are obtained, the City Council will then be asked to consider adoption of an
annexation ordinance.
The recommendation was to hold a public hearing to receive public input
concerning the proposed annexation of this area into the City of Glendale.
Mayor Scruggs opened the public hearing on Agenda Item No. 28. As there
were no comments, she closed the public hearing.
This item was presented for the purpose of receiving public input at a public
hearing. No action was taken.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Martinez, to hold a City
Council Workshop on Tuesday, October 17, 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. The motion carried unanimously.
CITIZEN COMMENTS
Mr. Charles Thomas, a resident of the City of Glendale Yucca District,
addressed the Council on behalf of 83% of the Pendergast West subdivision
homeowners who recently signed letters requesting annexation into the City of
Glendale. He explained that the subdivision has 69 parcels, with homes ranging in
value from $160,000 to $375,000. He estimated the total assessed value to be
approximately $9 million. He stated that the subdivision does not need improvements,
but fire protection was their main reason for requesting annexation. He said that they
would also like to have the security of being residents of the City of Glendale with
regard to water service. He stated that the residents do not like the idea of being
another County island because they want to have a voice and a vote on what happens
25
around them. He said they believe in the City of Glendale and like the way it is run. He
expressed his opinion that they would be a credit to the City of Glendale and he asked
the Council to support their annexation.
Mayor Scruggs read the following prepared statement regarding the proposed
development located on the property at 51St and Olive Avenues.
"Ladies and Gentlemen:
I know many of you are here tonight to express your concerns
regarding the proposed development of a Wal-Mart Super Center
on the property located at 51st & Olive. I want to assure you that
members of the City Council, including myself also share your
concerns.
At the time this matter was before the City Council - during the
rezoning process, both the neighborhood and the Council were
misled as to what type of development would occur on the
property. The neighborhood and Council were both informed that
the property owner was intending to bring specialty shops to the
area, which were expected to be approximately 90,000 square feet
in size. Now, we have all been informed that the property owners
intend to construct a 220,000 square foot Wal-Mart Super Center
on the premises. The Council was surprised and disappointed in
the changing nature of the project. Please understand that the
current nature and extent of the proposed development does not
represent the project explained to us by the property owners when
they were seeking rezoning of their property.
Because of the material changes that have recently taken place
that affect all of us - citizens and the City Council, I have asked
our legal staff to investigate the matter and determine what can be
done. We have even taken the step of hiring an outside legal
expert to assist us in the process.
In the mean time, I have also instructed our planning staff to make
sure that all of our planning design review standards are strictly
complied with in order to insure that if development does occur
that it be done in a way to minimize any negative impacts that this
project may create in the neighborhood.
In closing, we want you to know that we too share your concerns
and that the City is committed to addressing these concerns within
the bounds of the law. We appreciate you all coming here tonight
to share your thoughts and concerns with us and I assure you, we
are listening. Thank you."
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Ms. Susan Stutzman, resident of the City of Glendale Barrel District, stated
that this issue greatly affects her and her neighbors. She said that she was led to
believe the development would be similar to the Town and Country shopping center.
She stated that she did not approve of the way the issue had been handled and asked
what was being done to address neighborhood concerns. She said that the proposed
development was inconsistent with what was granted and was inappropriate for the
location. She suggested that a new traffic study be done. She said she believed the
eight-foot barrier wall should be increased to ten feet to help mitigate noise and
pollution impacts. She stated that the setbacks should be a minimum of 100 feet from
their homes. She said the proposed entrance on 53rd Avenue has to be reexamined
because it is not acceptable for a superstore.
Mayor Scruggs informed the audience that Mr. Stuart Kent, Senior Management
Assistant in the City Manager's Office, had copies of her statement and he would
provide them to the public.
Mr. Michael Ferguson, a resident of the City of Glendale Cactus District,
questioned how the mistakes that were made in the process could have occurred. He
said it was his understanding that the deal was done; however, he suggested that the
Council find a way to cancel the project.
Ms. Arline Yzquierdo, a resident of the City of Glendale Barrel District, said
that she had originally heard the Hurley's were putting in a strip mall and did not believe
it would affect her. She stated that a Wal-Mart Superstore would affect property values
and suggested it would be better located on the vacant Manistee Ranch property
because no other businesses would be jeopardized. She questioned whether the
project could be stopped.
Mr. Bennie Jones, a resident of the City of Peoria, stated that Mayor Scrugg's
opening statement surprised him. He said that he was a friend of the Hurley family. He
noted that the Hurleys have been members of the community since 1910. He
questioned why they would put a small strip mall on a 40-acre site that was approved
for C-2 zoning. He said that the Wal-Mart project is within the limits of the total square
footage allowed for that zoning. He said he believed the Hurleys have an existing C-3
zoning on a portion of the property and asked the Council to consider the detrimental
businesses that could have gone in under that zoning. He expressed his opinion that
the Hurley family did not intend to mislead anyone. He noted that the Hurleys have
hired a highly qualified architectural firm. He commented that a large number of
people, who support the project, may have chosen not to attend the meeting.
Ms. Dorothy Gallagher, a resident of the City of Glendale Barrel District,
thanked the Hurley family for allowing residents to give their opinions on the project.
She stated that she did not want a 24-hour Wal-Mart in her neighborhood because of
the resulting increases in crime and traffic. She asked if the Hurleys would be willing to
donate space for the police, which would allow the police to have a presence at the site.
She asked what kind of traffic studies had been done. She said she supported the
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Manistee Town Center location because it is already established. She expressed
concern over the welfare of the Fry's and Safeway grocery stores and stated that
neighbors were already putting their houses up for sale.
Mr. Roger Wilson, a resident of the City of Glendale Barrel District, said that
the City of Glendale had messed up the intersection of 51d Olive Avenues and the
addition of a Wal-Mart Superstore at this location would be a disaster. He stated that
police, fire and ambulance units would have a difficult time going through the
intersection. He said that the Manistee Town Center location is already set up, has
easy access and would be a much better choice. He asked the Council to find a way to
stop construction of the Wal-Mart Superstore at 51st and Olive Avenues.
Ms. Helen Sanchez, a resident of the City of Glendale Cactus District, said
she was against a Wal-Mart Superstore being put in at 51s ancOlive Avenues. She
said traffic congestion at that location is already horrendous and would only get worse.
She suggested that the City contact the Cities of Gilbert and Chandler to see how they
were able to stop Wal-Mart from coming into their areas. She questioned how the City
could have approved the project without knowing specifically what store was going in.
Ms. Dawn Gath, a resident of the City of Glendale Barrel District, said that
she felt betrayed by the Hurley family. She stated increased traffic in the neighborhood
would restrict many of her children's activities and increase the danger in that area.
She said rush hour traffic is already often backed up to Butler and 55t Avenues. She
questioned whether money spent on that intersection would have been wasted if the
medians have to be removed to allow access to Wal-Mart. She questioned why Wal-
Mart was not encouraged to occupy the Manistee Town Center. She asked if there was
anything that could be done to stop the Wal-Mart Superstore. She mentioned a rumor
she had heard about a Super K-Mart being built at 51St and Peoria Avenues. She said
that this would only compound the problems created by the Wal-Mart. She thanked
Vice Mayor Eggleston for his letter and the information it contained.
Ms. Loren Keifer, a resident of the City of Glendale Cactus District, noted
that Wal-Mart had revived the Chistown Mall area. She suggested that it could do the
same for the Manistee Town Center. She said that the Council cannot allow the Wal-
Mart to happen because, once it does, the doors would be open for super stores to
locate adjacent to residential neighborhoods.
Mr. Wally Stutzman, a resident of the City of Glendale Barrel District, said
that the 24-hour Wal-Mart Supercenter would have to do in excess of $1 million per
week to break even. He that said traffic would dramatically deteriorate in the area.
Ms. Trish Edwards, a resident of the City of Glendale Barrel District, said
that the Hurleys had misled her and other neighbors when they showed pictures and
diagrams of a nice community neighborhood strip mall. She said the increased traffic
will be a serious problem and the unwanted 24-hour activity was not acceptable. She
stated that, even if the hours of delivery were restricted, delivery trucks would sit and
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run their engines and coolers. She said that the neighbors went along with a
community strip mall in the area because they believed it would be less detrimental
than the C-3 zoning. She asked the Council to look into the breach of faith with the
neighborhood that occurred.
Mr. Marcus Moran, a resident of the City of Glendale Barrel District, said
that he was in favor of the Hurley's initial plan because he believed they had the best
interest of the neighborhood in mind. He said he was against the development of the
Wal-Mart. He said he had received a letter from the Hurleys, explaining their intent to
develop the land and, shortly thereafter, the Hurleys came to his house, stating that
they wanted to actively involve he and his wife in the process. He said the Hurleys
reviewed their plan and he believed them to be honest. He explained that they were
shown three possible anchors for the site. He noted that no retailers were named. He
said Ms. Hurley told the neighborhood she would not do a development she believed
would threaten the nearby businesses. He said the Council then required a 100,000
square foot anchor and he stated the Council should have exercised further insight
when making that decision. He said he had received a poll in January, asking what
type of stores he would like to see and asked why it did not mention the 100,000 square
foot stipulation. He said the results of the survey were returned in six months,
indicating that a Wal-Mart store was selected by a "wide margin". He noted that 22 of
the 120 surveys that were returned chose Wal-Mart as their top choice. He pointed out
that a Super Wal-Mart is different than a Wal-Mart store. He said they have to look at
the impact that a Super Wal-Mart would have on the neighborhood. He said that the
entrance off 53rd Avenue is no longer a positive for residents along that street. He
suggested that it would impact the entire traffic study if it was removed.
Mr. Dennis Powers, a resident of the City of Glendale, said he had contacted
his neighbors regarding this issue and found many of them to be unaware of it. He
stated he had gathered as much information on the issue as possible. He said that he
was concerned because all of the documents for the rezoning application indicate that a
power center would be placed at that location, yet the Council denies knowing that was
the Hurley's intent. He applauded City staff on raising red flags, including traffic counts.
He quoted from the staff report and suggested it calls into question the credibility of
comments made by different Councilmembers at various meetings. He expressed his
opinion that the Council has not shown due diligence on the part of the public. He
encouraged the Council to talk to other cities that have fought construction of Super
Wal-Marts.
Ms. Gay Bailey, a resident of the City of Glendale Cactus District, stated that
the issue centers around rights. She acknowledged the fact that the Hurleys have the
right to develop their property. She stated, however, that they do not have the right to
be duplicitous in their dealings with the residents of the neighborhood and the City of
Glendale. She recognized Wal-Mart's right to do business, but stated they do not have
the right to conduct business in an irresponsible manner. She said the Council has the
right to conduct the business of government in a straightforward manner and to expect
the same straightforwardness from the people who petition them for action. She said
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that the City Council does not have the right to conduct its business without evoking
due diligence to protect the residents of the City. Lastly, she said the residents of the
neighborhood have the right to protection, consideration, due diligence, and support
from their elected City Council. She stated that there has been a breech of moral code
and she asked the Council to use all of its resources to prevent Wal-Mart from being
built in their neighborhood.
Ms. Debra Kist, a resident of the City of Glendale Barrel District, estimated
that a Super Wal-Mart would generate up to 1,500 additional cars per hour. She said
that the intersection of 51st and Olive Avenues is already at maximum capacity and has
the second highest accident rate in the City of Glendale. She stated that these
problems would trickle down to other surrounding streets. She noted that four
elementary schools exist in the neighborhood and she questioned the safety of the
children. She said other impacts, including ground, air, and noise pollution, are also
cause for concern. She said it would have a negative impact on their property values,
as well as the property values of surrounding businesses. She said it would cause the
surrounding businesses to move out and no other businesses would be willing to take
their place. She stated that there would be additional costs associated with
restructuring the road, water and sewer lines, police protection and other public
services. She said Wal-Mart does not have the community's best interest in mind. She
noted that there were 1,140 suits filed nationally against Wal-Mart during the past ten-
month period. She said that the development of the Super Wal-Mart would also affect
the Wal-Mart located at 59th Avenue and Bell Road. She said Wal-Mart has a history of
leasing land to avoid its responsibility and obligation to the surrounding community.
Ms. Ami Varney, a resident of the City of Glendale Barrel District, agreed
with the comments made by previous speakers. She expressed her opinion that the
eight-foot wall would be too low. She noted that, to conceal the back of the store, the
wall would have to be 27 feet high. She said no one would want to buy the houses in
the area, leaving current owners no choice but to remain.
Mr. Raphael Polak, a resident of the City of Glendale Barrel District,
submitted a citizen comments card, but was not present to address the Council.
Ms. Elizabeth Denham, a resident of the City of Glendale Barrel District,
agreed that traffic problems exist in the area. She explained that she was addressing
the Council on behalf of W.R. and Francis Manning, who are 83 and 80 years old. She
said they were first made aware of the Super Wal-Mart when the story appeared in the
Arizona Republic. She said they were against the Wal-Mart because of concerns about
traffic, community aesthetics, and the fact that the grocery stores in the area would pull
out, leaving vacant buildings. She said they were also concerned about the potential
crime Wal-Mart could bring to the neighborhood.
Mr. Bill Denham, a resident of the City of Glendale Barrel District, said he
had received 150 calls from neighbors in the last few days. He said that they felt they
were victims of bad faith negotiation. He stated that he and other residents in the
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neighborhood felt guilty because they let this happen. He said the Hurleys had recently
implied that a store of this size was always an option. He noted, however, that initially
they were assured by the Hurleys that a business which would be detrimental to the
surrounding business community and neighborhood would not be developed. He said
the community has the right to be furious.
Mr. Scott Stewart, a resident of the City of Glendale Barrel District,
submitted a citizen comments card, but chose not to speak.
Mr. Al DeLossa, a resident of the City of Glendale Barrel District, agreed that
they had been deceived. He thanked Vice Mayor Eggleston for his letter. He said that
he had sent an e-mail to Wal-Mart and was assured the store would be great for the
community. He stated that he had e-mailed Wal-Mart again, with another question
about the impact it would have on the surrounding businesses. He said their response
was that they are billion dollar enterprises and know how to survive. He stated he had
asked Wal-Mart if they would consider changing the hours of operation to 9:00 a.m. to
10:00 p.m. if they found it was not profitable to operate the store between 10:00 p.m.
and early morning. He said their response was that they would not consider changing
from a 24-hour operation. He applauded the Council for their concern and thanked
them for obtaining additional legal advice. He asked the Council to find out when the
Hurleys first made contact with Wal-Mart.
Mr. Jack Janus, a resident of the City of Glendale Barrel District, asked what
he could do to help the Council prevent Wal-Mart from building in the neighborhood.
P.J. Gallagher, a resident of the City of Glendale Barrel District, submitted a
citizen comments card, but chose not to address the Council.
Ms. Barbara Cheathem, a resident of the City of Glendale Barrel District,
referred to a letter she had faxed to the Council recapping her concerns. She said that
the survey responses in favor of Wal-Mart did not come from residents of the
immediate area. She stated that her home is her only asset and she was concerned
that the Wal-Mart development would reduce property values in the neighborhood. She
said that five properties on the two adjacent streets have been listed for sale. She
asked the Council to keep the public informed of what was happening. She stated that
the Council was blinded by the Hurleys. She said the issue was not really as much
about the Hurleys, as it is the developer. She explained that the developer was hired to
make a profit and was not aware of, or concerned with, neighborhood issues. She
asked the Council to lead the charge in developing stronger policies to prevent similar
situations from occurring in other neighborhoods. She suggested that City staff conduct
more thorough research before recommending zoning changes. She noted that, in the
City of Phoenix, developers must verify who the retailers will be and have a signed
contract before rezoning occurs. She referred to a letter sent by the Hurleys and
quoted from that letter "what will be built here is a pedestrian-oriented shopping center,
with timeless design that would have a relaxed atmosphere". She said that she had
been to several Wal-Mart's and the design is not timeless, nor is the shopping
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experience relaxed. She suggested that Wal-Mart could be discouraged from locating
there when they return for the Special Use Permit for the Auto Zone. She asked to be
informed when that application comes before the Council so she could be there to
protest.
Mr. Joe Nagy, a resident of the City of Glendale Barrel District, submitted a
citizen comments card, but did not address the Council.
Mr. Charlie Grim, a resident of the City of Glendale Barrel District, agreed
that extra traffic would be pushed into an area with four elementary schools and would
make for a dangerous situation.
Mr. Mike DePinto, a resident of the City of Glendale Barrel District, said that
he was there when the rezoning case was heard and had no reason to mistrust the
Hurleys. He expressed his opinion that the Hurleys were fraudulent when they led the
public to believe they were developing a boutique shopping center, with two or three
powerhouse anchors. He said that he would be willing to contribute to a special fund
for a class action suit and suggested, if the Council was not willing to do initiate one,
that the neighborhood do it on its own behalf. He said that the development would be
devastating to their property values. He noted that real estate agents would have to
disclose what they know about the potential development. He agreed that due
diligence is a critical factor and questioned how it could have been overlooked. He
noted that he was never notified of tonight's meeting by the City and said the City
should notify all homeowners within a four or five mile radius of the development.
Mayor Scruggs explained that notification had not been sent because the item
was not on the agenda.
Mr. Rick Tannehill, a resident of the City of Glendale Barrel District, stated
that the Hurleys did a "bait and switch" at best and, at worst, committed fraud. He
believed the Hurleys were led by the developer and their attorney to maximize profit.
He said they were promised a family-friendly strip mall and were never shown a picture
of a Wal-Mart. He stated he wanted the Council to tell the developers that the project
will not stand. He said older traffic studies have shown that the intersection in question
is at capacity and existing neighborhoods are not adequately buffered for the resulting
traffic, noise and air pollution. He said that the Council has to put all permits for the
development on hold and, preferably, reverse the zoning. He stated that Wal-Mart
would be discouraged from building in the neighborhood if the project was tied up for
long. He said the Attorney General should investigate whether felonies were committed
in regards to factual misrepresentations. He said, if the development goes through, he
would be forced to leave the neighborhood and would probably leave the City of
Glendale after seeing how the Council allowed a neighborhood to be destroyed.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated
that he strongly opposed the Wal-Mart and Home Depot stores going into his
neighborhood. He said traffic has increased to the point of being extremely dangerous.
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He said he had little sympathy for the Council in this situation and holds them
responsible for their decision. He noted that Wal-Mart is suing the City of Tucson
because its Council chose to protect its small businesses. He said he would assist his
neighbors in stopping this development.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark noted that tomorrow evening (October 11th) would be the
kickoff for the City Center Planning effort. She said she hoped the Council would
consider Mr. Thomas' request for the Pendergast West annexation. With regard to
Wal-Mart, she agreed that staff had put up red flags and the Council and others did not
pay enough attention to them. She agreed that the Hurleys need to be questioned as
to what they knew and when they knew it. She said that the Council understands the
issues raised by the community and thanked those in the audience for attending.
Councilmember Goulet thanked the speakers for voicing their opinion. In
response to questions as to why Wal-Mart was not moved to another site, he explained
that the property owners of other locations, where that type of development might be
appropriate, do not always respond. He encouraged the citizens to continue to tell the
Council of their concerns and to express their opinions. He said that he felt he was
taken advantage of and misled. He assured the audience that the Council was
diligently pursuing its options and would do what they could to protect the citizens of
Glendale.
Councilmember Lieberman thanked the audience for attending. He stated that
he believed in citizen participation. He assured those in attendance that, should they
call his office, their calls would be returned within 12 hours. He clarified that the Council
did not place the 100,000 square foot requirement on the project. He explained that the
Planning Commission placed the stipulation on the project. He acknowledged,
however, that the Council was aware of the stipulation when it approved the Hurley's
plan. He said that he was shown the mock up of the proposed project six months after
the rezoning was approved. He assured the audience that the Council was doing
everything it could to rectify the situation, including seeking outside assistance. He
recommended that members of the audience sign up to serve on the City's Boards and
Commissions.
Vice Mayor Eggleston thanked the citizens from the Barrel District for attending
the meeting and giving testimony. He assured them that he would keep them informed
of any progress.
Councilmember Martinez that said that the Council had stated its position and
was looking at everything that could be done to rectify the situation.
Councilmember Frate thanked everyone for attending the meeting. He said that
the Council was committed to doing what it could to remedy the situation and assured
the residents that it was a top priority.
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Mayor Scruggs acknowledged the fact that the residents want the issue solved.
She said that, in order to do so, the Council needs to systematically look at the entire
situation. She thanked everyone for attending and participating in the meeting. She
said that no one was ready to issue permits. She explained that the process in which
the developer submits its plans is only 60% complete. She said the plans were now in
the Legal Department and were being reviewed to ensure that everyone's rights were
protected. She said that they want to keep everyone informed of the progress and
asked interested parties to add their names to the City's database.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:45 p.m.
Pamela Oliveira - City CIerR��-
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