HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/25/2001 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, SEPTEMBER 25, 2001, 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; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the 14 resolutions and 10 ordinances
to be considered at the meeting were available for public examination and the title
posted at City Hall more than 72 hours in advance of the meeting.
APPROVAL OF THE MINUTES OF THE JULY 24, 2001 COUNCIL MEETING
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the Regular Council Meeting held on July 24, 2001, 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 7 through 13, 2001, 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 "Cover
Your Bases & Strike Out Fire". Fire prevention activities will start in Glendale with the
annual Fire Prevention Day Parade on Saturday, October 6, 2001.
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 Marshals Association of North
America.
The Acting Fire Chief, Mr. Mark Burdick, was present 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 7 to 13, 2001 as Fire Prevention Week in
Glendale, Arizona. She presented the proclamation to Mr. Eric Keppler, Fire Captain.
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Mr. Keppler thanked the Mayor and Council for issuing the proclamation. He
encouraged citizens to attend the kick off parade on Saturday, October 6th
Mayor Scruggs noted that the Glendale Fire Department had held a benefit car
wash, raising $5,000 for the firefighters who lost their lives in the collapse of the World
Trade Center.
PROCLAMATION SUPPORTING PROMOTION OF RACIAL JUSTICE
To reaffirm its commitment to racial equality, the City of Glendale will issue a
proclamation declaring support of the National League of Cities' (NLC) Campaign to
Promote Racial Justice.
This serves as a reminder to all of us that promoting racial equality and ending
racism requires awareness, commitment, and action. This is an opportunity for
Glendale to stand up and be counted in an ongoing effort to ensure our community
fosters racial equality and harmony.
The National League of Cities' campaign is being conducted in conjunction with
49 state municipal leagues and NLC's member towns and cities throughout the United
States.
The recommendation was to support the National League of Cities promotion of
Racial Justice.
Mayor Scruggs presented a proclamation supporting of the National League of
Cities' Campaign to Promote Racial Justice to Mr. Erman Fisher, a Glendale resident
and former commission member. Mr. Fischer thanked the Mayor and Council. He
stated that he was accepting the proclamation on behalf of the community-at-large. He
stressed the need to be conscious of race relations, particularly in light of the terrorist
attacks on September 11th
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.
Mayor Scruggs presented the Hispanic Heritage Month proclamation to
members of the City of Glendale Diversity Committee.
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Mr. Martin Nowakowski, City of Glendale Council Assistant, stated that Hispanics
have grieved over the events of September 11th, but have also felt patriotic towards
their country. He read an e-mail that he received from a friend in New York,
commenting on how the terrorist attacks have brought all Americans together in grief,
regardless of race, creed, or religion.
RECOGNITION OF MEMBERS OF THE ARTS COMMISSION
Ms. Judy Olsen, Ms. Charlotte Bellah, and Mr. André Licardi 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.
Ms. Judy Olsen served on the Arts Commission from March of 1996 to August of
2001. Ms. Charlotte Bellah served on the Commission from September of 1996 to
August of 2001. Mr. André Licardi served on the Commission from September of 1997
to August of 2001. Both Ms. Olsen and Mr. Licardi served a term as Chairperson.
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 works of art 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 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 creation and expansion of the Performing Arts Grant
Program, which was initiated in Fiscal Year 1996-97. In the last five-years, 43 grants
were awarded to organizations and artists for programs in theatre, dance, and music,
for a total of $101,605.
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
Glendale.
Mayor Scruggs presented plaques to Ms. Judy Olsen, Ms. Charlotte Bellah, and
Mr. André Licardi for their outstanding service to the Arts Commission. Mr. Licardi
thanked the Mayor and Council, Mr. Warren Smith, Parks and Recreation Director, and
Mr. Wayne Baxter, Recreation Superintendent and the liaison for the Arts Commission,
for their support.
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RECOGNITION OF SWIFT TRANSPORTATION INC., AND GLENDALE
FIREFIGHTERS LOCAL #493 FOR COMMUNITY SERVICE
Over the past 18 months, the City of Glendale and Habitat for Humanity, Valley
of the Sun, Incorporated, have been working in partnership to construct new single-
family homes in the Heart of Glendale neighborhood. The neighborhood is located in
the area of 51st Avenue to 57th Avenue, Lamar to Maryland Avenues, and is one of the
oldest neighborhoods in the City of Glendale. Habitat for Humanity and the City have
been working as partners to acquire vacant parcels and construct new, owner-occupied
single-family homes. With each new Habitat for Humanity home constructed on vacant
property, blight is removed and the neighborhood further revitalized. Additionally, the
Heart of Glendale neighborhood is part of a larger downtown focus area that the City
has committed extensive resources to redeveloping.
Habitat for Humanity is a non-profit agency dedicated to providing affordable
housing to working families who would otherwise not have the opportunity to own a new
home. The agency relies on community volunteer labor and monetary donations to
fund and construct new, single-family homes. Recently, Swift Transportation, Inc., and
Glendale Firefighters Local #493 agreed to fund the construction of a new Habitat for
Humanity home in the Heart of Glendale neighborhood. In doing so, both raised and
contributed more than $60,000 in cash and hundreds of hours of volunteer work to
sponsor the construction of a new Habitat for Humanity home at 6609 North 53rd Drive.
Without their very generous donation, the home would have never been built. Swift
Transportation, Inc. and Glendale Firefighters Local #493 are to be commended for
their corporate philanthropy and reinvestment into the Heart of Glendale neighborhood.
Mayor Scruggs presented plaques of recognition to Swift Transportation, Inc.
and the Glendale Firefighters Local #493 for their outstanding example of community
service. Mr. Jim Stone accepted the plaque on behalf of Swift Transportation, Inc. and
Mr. Gary Benson, City of Glendale Firefighter, accepted the plaque on behalf of
Glendale Firefighters Local #493. Mr. Stone thanked the Mayor and Council on behalf
of Swift Transportation. He expressed their pride in the project and his confidence in
the City of Glendale, Habitat for Humanity, the firefighters, and Swift Transportation
employees. He said they looked forward to being involved in future projects that
continue to improve the community. Mr. Benson thanked the Mayor, the Council, and
citizens of Glendale for the recognition. He emphasized that the project was a team
effort. He said they looked forward to working with other small businesses on future
projects. He noted that the firefighters had donated thousands of hours and $18,000
out of their own pockets.
RECOGNITION OF COMMUNITY SERVICE FOR STELLA MORENO
The Glendale Citizens' Advisory Commission on Neighborhoods was established
by the Mayor and City Council in January of 1995. The purpose of this commission is
to oversee the revitalization of Glendale's older neighborhoods and to make policy
recommendations regarding neighborhood issues to the Mayor and Council.
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Ms. Stella Moreno (Ocotillo District) served on the Commission from July of 1997
to June of 2001. As a result of her dedication and hard work, she participated in the
review and recommendation of over $4.5 million in neighborhood grant
recommendations and greatly assisted with enhancing the neighborhood grants
process.
During her term of service, Ms. Moreno invested countless hours providing
direction and guidance to neighborhood leaders and contributed to the success of the
Neighborhood Partnership Program. She is to be commended for her effort and tireless
work for the citizens of Glendale.
Mayor Scruggs presented a plaque of recognition to Ms. Stella Moreno for her
contributions and dedication to the citizens of Glendale by serving on the Glendale
Citizens' Advisory Commission on Neighborhoods. Ms. Moreno thanked the Mayor and
Council for giving her the opportunity to make a difference in her city and community.
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) recently advised that the City of Glendale had once again received their
Certificate of Achievement for Excellence in Financial Reporting for its CAFR for the
Fiscal Year Ended June 30, 2000.
Mr. Art Lynch, the City's Chief Financial Officer, presented Mayor Scruggs with
the Certificate of Achievement for Excellence in Financial Reporting for the City's
Comprehensive Annual Financial Report for the year ended June 30, 2000. Mayor
Scruggs accepted the award on behalf of the Council. Mayor Scruggs expressed the
Council's appreciation. She acknowledged the fact that the City's financial condition will
change in view of the events of September 11th. She thanked Mr. Lynch and all
members of the Finance Department for their leadership. She stated that the Council
was confident that they will be prepared to face that uncertain future
Mayor Scruggs thanked everyone for their attention, She noted that there were
more awards and proclamations than usual at tonight's meeting because of the
cancellation of the last City Council meeting which was scheduled for September 11th.
She commented on the tremendous amount of good work being done by good people
throughout the City of Glendale. She said the City is blessed to have a Fire Department
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that protects its residents and looks for ways to make the community a better place to
live. She reaffirmed the Council's dedication to racial equality.
CONSENT AGENDA
Dr. Martin Vanacour, City Manager, read Consent Agenda Item Nos. 1 through 7
by number and title.
1. EXTENSION OF AGREEMENT WITH EXTERNAL AUDITORS
On March 30, 1994, Coopers & Lybrand (now PricewaterhouseCoopers, L.L.P.,
or PWC) submitted a Sealed Dollar Cost Bid Proposal for Professional Auditing
Services for the City. PWC is one of the world's five largest independent audit firms. In
the Spring of 1994, the City entered into an agreement with PWC based on its
submittal. Since the agreement is for professional services, the City has authority to
extend it.
PWC did extensive work in gaining an understanding of the City's computer
system, has a strong understanding of the City of Glendale financings, processes, and
strengths, which will aid the City with proposed bond financing requirements as part of
their Fiscal Year 2000-2001 audit.
The audits of the Fiscal Years ending on June 30, 2001 and 2002 will pose many
challenges. Year 2001 disclosures will require a thorough, ongoing knowledge and
understanding of the City's fixed asset accounting, and special disclosures for loans
and lease transactions. There are also many changes in reporting standards that must
be disclosed. The gathering and dissemination of this information is most effective and
efficient under extension of the existing agreement. The advantages from retaining the
current external auditors are as follows:
• PWC has maintained continuity of staffing, which benefits the City by keeping
the most experienced staff performing Glendale's audit. The audit partner
has worked on the City engagement for seven years. The current audit
manager and senior associate have worked on the audit for two years.
• PWC has been involved in numerous sports financing deals and audits
around the country.
The cost of the extension will be $66,000 for the Fiscal Year 2000-2001 audit,
and is budgeted in Finance Administration's Professional and Contractual Line Item
Number 01-2210-7330.
The recommendation was to authorize the acceptance of
PricewaterhouseCoopers' proposal to extend the existing engagement through the
financial statements for the Fiscal Years ending June 30, 2001-2002.
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2. FINAL PLAT APPLICATION FP-01-02: "THE VILLAGE ON 59TH UNIT 2": 8501
NORTH 59TH AVENUE
This was a request by Brown Family Communities for final plat approval for a
subdivision titled "The Village on 59th Unit 2". The site is located approximately 130'
north of the northeast corner of 59th Avenue and Evergreen Road.
The subdivision includes 17 single-family lots on 4.98 acres, at a density of 3.54
dwelling units per gross acre. Lots range in size from 6,027 square feet to 12,062
square feet, with an average lot size of 8,004 square feet. The minimum lot width is 55
feet.
The final plat is in conformance with the existing R1-6 PRD (Single Residence
Planned Residential Development) zoning and the preliminary plat approved by the
Planning Commission on December 21, 2000. All stipulations of the preliminary plat
have been satisfied.
The recommendation was to approve Final Plat Application FP-01-02.
3. AWARD OF A COOPERATIVE PURCHASING AGREEMENT, KNOLL OFFICE
FURNITURE
The City of Glendale wishes to enter into an agreement for Knoll modular
furniture and seating. The City of Glendale's agreement with Concert Business Group
will be based on a master agreement, competitively bid by Fairfax County Virginia,
between Concert Business Group and the U.S. Communities. Because of the volumes
obtained by the U. S. Communities national program, the discounts on the award are
greater than what the City could obtain by requesting bids independently. The City will
receive approximately an additional five to ten percent discount beyond its current
pricing structure. The agreement was awarded on February 2, 2001 and will continue
for three years. The specifications contain an option clause that permits the City, at the
discretion of the City Manager, to extend the agreement for three additional years in
one-year increments.
Cooperative purchases are permitted by the Glendale City Code Section 2-149.
Funding for furniture and seating is available in departmental operating budgets.
The recommendation was to enter into a cooperative purchase agreement with
Concert Business Groups, for Knoll modular furniture and seating, in the amount not to
exceed $100,000 per year.
4. AWARD OF PROPOSAL 01-29, TENNIS COURT RESURFACING
One offer was received for the resurfacing of four tennis courts at Bonsall North
Park located at 59th Ave and Bethany Home Road. The request for proposal was
advertised through the Glendale Star, the Glendale Cable Channel, the Dodge Reports,
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the BidSource Program, the Glendale Chamber of Commerce, and on the City's Home
Page. Notices were also sent to every company in the phone book for tennis court
construction. Seven companies requested the solicitation. One offer was received
from General Acrylics Inc.
Staff contacted several of the larger tennis court construction companies to ask
why they did not respond to the solicitation and why they did not bid on the project.
According to the companies contacted, reasons for not submitting a bid included the
fact that the project was too small, the company was too busy with other projects and
did not have time to respond, and that the company does not do the type of work
requested in the solicitation.
An evaluation committee from the Park's Department reviewed the offer and
determined that it met the evaluation criteria and was within the cost budgeted for this
project. Funding is available in the Park Bond Facility Renovation Budget, Account
Number 36-8519-8300.
The recommendation was to award the resurfacing of four tennis courts at
Bonsai! North Park to General Acrylics Inc. In the amount $62,021, taxes included.
5. AWARD OF BID 01-39, TRAFFIC SIGNAL EQUIPMENT
Five bids were received to supply the Transportation Department with traffic
signal equipment. The items will be provided on an "as needed" basis during the
contract period, which shall begin upon approval by the City Council and continue for
one year. The bid specifications contain an option clause that will permit the City, at the
discretion of the City Manager, to extend this agreement for four additional years in
one-year increments.
The bid was broken into two groups because not all companies supply both
types of traffic signal equipment. Group I is for traffic signal heads and group II is for
traffic signal cabinets. The lowest responsive bidder for Group I was U.S. Traffic
Corporation and the lowest responsive bidder for Group II was Southwest Traffic
Systems. Funding is available in the Transportation operating budget, Accounts
Number 12-6322-8400 and Number 12-6322-7520.
The recommendation was to award the purchase of traffic signal heads to U.S.
Traffic Corporation in the amount $83,791.91, and traffic signal cabinets to Southwest
Traffic Systems in the amount $102,695, taxes included.
6. AWARD OF A COOPERATIVE PURCHASING AGREEMENT, STEELCASE
OFFICE FURNITURE
The City of Glendale wishes to enter into an agreement for Steelcase modular
furniture and seating. The City of Glendale's agreement with Walsh Brothers Office
Environments will be based on a master agreement, competitively bid by Fairfax County
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Virginia, between Walsh Brothers Office Environments and the U.S.. Communities.
Because of the volumes obtained by the U. S. Communities national program, the
discounts on the award are greater than what the City could obtain by requesting bids
independently. The City will receive approximately an additional five to ten percent
discount beyond its current pricing structure. The majority of the furniture that will be
purchased for the Information Technology Department's move to the Justice Court
Building and the remodeling of City Hall will be done in Steelcase furniture. The
agreement was awarded on February 2, 2001 and will continue for three years. The
specifications contain an option clause that permits the City, at the discretion of the City
Manager, to extend the agreement for three additional years in one-year increments.
Cooperative purchases are permitted by the Glendale City Code Section 2-149.
Funding for furniture and seating is available in departmental operating budgets.
The recommendation was to enter into a cooperative purchase agreement with
Walsh Brothers Office Environment, for Steelcase modular furniture and seating, in the
amount not to exceed $300,000 per year.
7. AWARD OF A COOPERATIVE PURCHASING AGREEMENT WITH DELL
COMPUTERS
The City had been evaluating the potential of contracts from the Western States
Contracting Alliance (WSCA). It was formed by State purchasing directors with a
purpose of establishing the means by which participating states may join together in
cooperative multi-state contracting in order to achieve cost effective and efficient
acquisition of quality products and services. WSCA membership now has 23 states
participating, including the State of Arizona. As with the other cooperative purchase
programs that the City participates in, the intent is to use the leverage of volumes to
obtain the best price. This agreement will allow the City to purchase higher
performance personal computers at a price comparable to the previous State contract.
The states of New Mexico, Colorado, Utah, and Nevada issued a cooperative
competitive procurement on behalf of the WSCA participating states and their political
subdivisions. The contract contains provisions requiring the awarded vendor to supply
the product or service to WSCA members at the same price, terms and conditions.
Public agencies participate by executing a "participation addendum" with the selected
vendor. There is no fee for participating.
The City of Glendale would like to enter into an agreement for personal
computers with Dell Computers, based on a master agreement with Dell Computers
established by WSCA. Because of the volume of orders associated with the WSCA,
the discount on the award is much greater then what the City could obtain by bidding
separately. The "participation addendum" is not an exclusive agreement and the City
may purchase personal computers from other vendors at its discretion. The initial term
of the agreement expires on September 2, 2002, with two additional one-year extension
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options. Funding for the personal computers is available in the computer replacement
fund, Account Number 42-2335-8400.
The recommendation was to enter into a cooperative purchase agreement with
Dell Computers for personal computers, in the amount not to exceed $400,000
annually.
CONSENT RESOLUTIONS
8. HIGH SCHOOL RESOURCE OFFICER — DEER VALLEY UNIFIED SCHOOL
DISTRICT
The Deer Valley Unified School District for Deer Valley High School and the
Glendale Police Department have drafted a contract, which continues the assignment
of one officer to the high school during the current school year.
The assigned officer participates in educational programs that help students deal
successfully with peer pressure, child abuse, gangs, and related areas. The officer also
investigates cases of school-related criminal activities and assists school administrators
in addressing these matters. The officer will work on campus while school is in session
and, during the summer and other recognized breaks, the officer will complete duties as
assigned by the Police Department. This type of partnership helps to continue our
educational efforts in local schools, while increasing police visibility and presence in the
community at a lower cost with no decrease in other service levels.
Under this agreement, the School District will pay the City $41,015. The
remaining portion of the salary is paid by the Community Oriented Policing Services
(C.O.P.S.) Universal Grant. This is the third year (final year) of a three-year grant.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing the City Manager to enter into an intergovernmental agreement with the
Deer Valley Unified School District for the assignment of a police officer at Deer Valley
High School.
Resolution No. 3494 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE DEER VALLEY UNIFIED
SCHOOL DISTRICT FOR THE ASSIGNMENT OF ONE POLICE OFFICER FOR
DEER VALLEY HIGH SCHOOL TO AID IN REDUCING CRIME ON THE SCHOOL
CAMPUS THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT.
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9. HIGH SCHOOL RESOURCE OFFICER — GLENDALE UNION HIGH SCHOOL
DISTRICT
The Glendale Union High School District for Independence High School and the
Glendale Police Department have drafted a contract, which continues the assignment
of one officer to the high school during the current school year.
The assigned officer participates in educational programs that help students deal
successfully with peer pressure, child abuse, gangs, and related areas. The officer also
investigates cases of school-related criminal activities and assists school administrators
in addressing these matters. The officer will work on campus while school is in session
and, during the summer and other recognized breaks, the officer will complete duties as
assigned by the police department. This type of partnership helps to continue our
educational efforts in local schools while increasing police visibility and presence in the
community at a lower cost with no decrease in other service levels.
Under this agreement, the School District will pay the City $41,015. The
remaining portion of the salary is paid by the Community Oriented Policing Services
(C.O.P.S.) Universal Grant. This is the third year (final year) of a three-year grant.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing the City Manager to enter into an intergovernmental agreement with the
Glendale Union High School District for the assignment of a police officer at
Independence High School.
Resolution No. 3495 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE GLENDALE UNION SCHOOL
DISTRICT FOR THE ASSIGNMENT OF ONE POLICE OFFICER AT INDEPENDENCE
HIGH SCHOOL TO AID IN REDUCING CRIME ON THE SCHOOL CAMPUS
THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT.
10. ELEMENTARY SCHOOL RESOURCE OFFICER — ALHAMBRA SCHOOL
DISTRICT
The Alhambra School District for Barcelona Elementary School and the Glendale
Police Department have drafted a contract, which continues the assignment of one
officer to the school during the current school year. The Barcelona Elementary School
and the Glendale Police Department have been in partnership since approximately
1983.
The assigned officer participates in the D.A.R.E. (Drug Abuse Resistance
Education) and G.R.E.A.T. (Gang Resistance Education Training) educational
programs that help students deal successfully with peer pressure, drugs, gangs, and
related areas. The officer also investigates cases of school-related criminal activities
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and assists school administrators in addressing these matters. The officer will work on
campus while school is in session and, during the summer and other recognized
breaks, the officer will complete duties as assigned by the Police Department. This
type of partnership helps to continue our educational efforts in local schools while
increasing police visibility and presence in the community at a lower cost with no
decrease in other service levels.
Under this agreement, the School District will pay the City $36,000. The City of
Glendale pays the remaining portion of the salary.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing the City Manager to enter into an intergovernmental agreement with the
Alhambra District for the assignment of a police officer at Barcelona Elementary School.
Resolution No. 3496 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ALHAMBRA SCHOOL DISTRICT
FOR THE PLACEMENT OF ONE POLICE OFFICER AT BARCELONA ELEMENTARY
SCHOOL TO ASSIST WITH THE PREVENTION OF ABUSE AND NEGLECT OF
STUDENTS AND INSTRUCT THE D.A.R.E. AND G.R.E.A.T. CLASSES.
11. MIDDLE SCHOOL RESOURCE OFFICER — GLENDALE ELEMENTARY
SCHOOL DISTRICT
The Glendale Elementary School District for Challenger Middle School and the
Glendale Police Department have drafted a contract, which initiates the assignment of
one officer to the middle school during the current school year.
The assigned officer participates in educational programs that help students deal
successfully with peer pressure, child abuse, gangs, and related areas. The officer also
investigates cases of school-related criminal activities and assists school administrators
in addressing these matters. The officer will work on campus while school is in session
and, during the summer and other recognized breaks, the officer will complete duties as
assigned by the police department. This type of partnership helps to continue our
educational efforts in local schools while increasing police visibility and presence in the
community at a lower cost with no decrease in other service levels.
Under this agreement, the School District will pay the City $12,204. The
remaining portion of the salary is paid by the Community Oriented Policing Services
(C.O.P.S.) in Schools Grant. This is the first year of a three-year grant.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing the City Manager to enter into an intergovernmental agreement with the
Glendale Elementary School District for the assignment of a police officer at Challenger
Middle School.
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Resolution No. 3497 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE GLENDALE ELEMENTARY
SCHOOL DISTRICT FOR THE ASSIGNMENT OF ONE POLICE OFFICER FOR
CHALLENGER MIDDLE SCHOOL TO AID IN REDUCING CRIME ON THE SCHOOL
CAMPUS THROUGH EDUCATION, POSITIVE INTERACTION AND ENFORCEMENT.
12. ARIZONA COMMISSION ON THE ARTS ORGANIZATIONAL DEVELOPMENT
PROGRAM GRANT AWARD
The Parks and Recreation Department was awarded an Arizona Commission on
the Arts (ACA) capacity-building grant. This ACA grant will provide $8,500 to partially
fund the Manager of Arts position requested in the Fiscal Year 2001-02 Parks and
Recreation Supplemental Request. It is annually renewable, for a maximum of three
years. Acceptance of this grant will make the City eligible to apply for larger operating
grants in future years.
The balance of the salary for this position was approved in the Fiscal Year 2001-
02 budget in the Municipal Art Fund, Account Number 70-4217-6020, and will not affect
the General Fund.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing acceptance of the Arizona Commission on the Arts grant award.
Resolution No. 3498 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 OFFER FROM THE ARIZONA
COMMISSION ON THE ARTS IN THE AMOUNT OF $8,500 TO PARTIALLY FUND
THE SUPERINTENDENT OF ARTS/CULTURE/ HISTORY POSITION IN THE PARKS
AND RECREATION DEPARTMENT.
13. INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GLENDALE
AND THE CITY OF PHOENIX FOR THE ADMINISTRATION OF TAX
HEARINGS
On July 24, 2001, the City Council adopted the ordinance modifying the Glendale
Model City Tax Code. The Intergovernmental Agreement ("I.G.A.") with Phoenix will
enable the City of Glendale to comply with Senate Bill 1513 Chapter 297, by allowing
one city to administer the Municipal Tax Hearing Office.
The City of Phoenix has agreed to administer the Municipal Tax Hearing Office.
The purpose of the I.G.A. is to provide the City of Phoenix the mechanism to administer
the Municipal Tax Hearing Office required by A.R.S. §42-6056 and to reimburse the
City of Phoenix for the cost related to this service. The cost to the City of Glendale will
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be based on the actual use of the Municipal Hearing Office. Cost for the Hearing Officer
is not to exceed $150 per hour.
In addition to the charges relating to the Hearing Officer, the city against whom
the protest has been filed will pay the City of Phoenix an hourly work order rate
approved by the Unified Audit Committee at $ 51.29 per hour for administrative
expenses. These expenses may include producing and mailing of notices, maintenance
of contracts, reviewing and reconciling Hearing Officer's billings, and expenses.
Other non-direct costs may also include providing a monthly status report to the
cities, a quarterly report to the Municipal Tax Code Commission and the support cost
from other City of Phoenix departments like Accounts Payable and Legal. The
estimated annual cost is $3,400 and is budgeted through the Tax and License Division.
The Hearing Officers were confirmed by the Municipal Tax Code Commission on
April 20, 2001.
The recommendation was to waive the reading beyond the title and adopt a
resolution authorizing the City Manager to sign the Intergovernmental Agreement
between the City Of Glendale and the City of Phoenix.
Resolution No. 3499 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR A
MUNICIPAL TAX HEARING OFFICE IN ACCORDANCE WITH THE MODEL CITY
TAX CODE.
14. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
PEORIA FOR THE NORTH CENTRAL PEORIA STUDY
This was a request for City Council approval of an intergovernmental agreement
between the City of Glendale and the City of Peoria, for a traffic circulation study. The
circulation study will address the short-term and long-term transportation improvements
and priorities needed to relieve the existing and projected congestion in the study area,
which is from 67th to 91St Avenues, between Bell Road and Happy Valley Road.
The Council discussed the possibility of participating with the City of Peoria
during its budget goal-setting meeting and made the study a council goal for Fiscal Year
2001-2002. Under the terms of the intergovernmental agreement, the City of Glendale
is obligated to pay $50,000 of the total cost estimate of $120,000. The City of Peoria is
responsible for the remaining $70,000 cost for the study. Funds are available in the
Transportation Department, Traffic Engineering budget, Account Number 6321-12-
7330.
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The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
this request.
Resolution No. 3500 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA FOR COST
SHARING FOR THE NORTH CENTRAL PEORIA CIRCULATION STUDY.
15. APPROVAL OF INTERGROVERNMENAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION FOR BICYCLE IMPROVEMENTS
This was a request for approval of an intergovernmental agreement with the
Arizona Department of Transportation to design improvements along Glendale Avenue
between 99th Avenue and New River Road to accommodate bicycle traffic.
The project includes widening Glendale Avenue to provide a minimum five-foot
bike route between 99th Avenue and New River Road leading up to and leaving the
New River Bridge. The project will also include a means for bicycles to cross New
River. The new bike route would connect existing facilities on Glendale Avenue from
67th to 99th Avenues, and from New River Road to Litchfield Road, thus eliminating a
major barrier to cyclists between downtown Glendale and Luke Air Force Base.
The fee for design and preparation of construction plans for the project is
$288,835. Funds in the amount of $240,000 for design are available through a Federal
Congestion Mitigation and Air Quality (CMAQ) grant, with a required City contribution of
$48,835. Funds are available in the Capital Improvement Program, Account Number
62-9443-8330.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
this request.
Resolution No. 3501 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION (ADOT) FOR GLENDALE AVENUE BICYCLE IMPROVEMENTS.
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16. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE
DESIGN AND CONSTRUCTION OF DEER VALLEY ROAD BRIDGE AT NEW
RIVER
This was a request for approval of an intergovernmental agreement between the
City of Glendale and the Maricopa County Department of Transportation (MCDOT) for
the design and construction of a new bridge on Deer Valley Road at New River.
The existing crossing of New River on Deer Valley Road is an at grade crossing
that is frequently closed during periods of high flow in New River. The closure of the
roadway at New River causes the traffic that normally uses Deer Valley Road to use
other routes creating increased traffic volumes on already crowded streets.
The right-of-way for Deer Valley Road currently is under the control of Maricopa
County. Because a year-round, all-weather, road crossing of Deer Valley Road will
benefit the County and the Cities of Glendale and Peoria, costs for the construction of
the bridge will be shared by all agencies. The cost of the bridge is estimated at
$3,650,000. The City of Glendale's share of the total project cost is not to exceed
$578,000. The City will also annex any County right-of-way that lies within the city limits
of Glendale.
Funds for the design, construction, and administration of the bridge are available
in the 2001/2002 budget in Account Number 62-8041-8300 (Deer Valley — New River
Bridge).
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
this request.
Resolution No. 3502 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION
OF DEER VALLEY ROAD BRIDGE AT NEW RIVER.
17. APPROVAL OF INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD
CONTROL DISTRICT OF MARICOPA COUNTY FOR THE DESIGN AND
CONSTRUCTION OF THE GRADE CONTROL STRUCTURE IN NEW RIVER
AT THE 83RD AVENUE BRIDGE
This was a request for approval of an intergovernmental agreement between the
City of Glendale and the Flood Control District of Maricopa County (FCDMC) for the
design and construction of a grade control structure in New River between the
proposed 83rd Avenue bridge and Union Hills Drive. The intergovernmental agreement
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also establishes a method of payment for the construction administration for the new
bridge and grade control structure.
The FCDMC recently completed the New River Watercourse Master Plan that
indicated the future configuration of the river, including width, profile, and bank
protection. To protect existing and proposed street crossings, grade control structures
were proposed at key locations. A control structure was proposed for the area near the
83rd Avenue bridge crossing. The grade control structure will allow the river profile to be
lowered, increasing the clearance under the proposed bridge to allow equestrians and
pedestrians to pass under the bridge as part of the New River trail system.
Because the grade control structure was included in the New River Watercourse
Master Plan, the FCDMC has agreed to cost share in the design and construction of the
grade control structure. In addition, the Flood Control District has agreed to provide
construction administration services for the bridge and grade control structures. The
cost of the structure is estimated at $1,400,000 and the City of Glendale and the Flood
Control District will share the cost at a 50/50 split, with each paying an estimated
$700,000. The construction administration will be done for 8% of the cost of the bridge
and 4% of the cost of the grade control structure.
Funds for the construction and administration of the bridge and grade control
structure are available in Account Number 14-8040-8300, 83rd Ave/Union Hills
Street/Bridge.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
this request.
Resolution No. 3503 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY FOR THE DESIGN AND CONSTRUCTION OF THE GRADE
CONTROL STRUCTURE IN NEW RIVER AT THE 83RD AVENUE BRIDGE.
18. APPROVAL OF INTERGOVERNMENTAL AGREEMENTS AND
TRANSPORTATION SERVICE AGREEMENTS FOR THE EDUCATION
CIRCULATOR TRANSIT SERVICE
This was a request for City Council approval to renew intergovernmental
agreements between the City of Glendale and: Arizona State University West (ASU
West); Maricopa County Community College District, d.b.a. Glendale Community
College (GCC); and Thunderbird, The American Graduate School of International
Management (AGSIM). These agreements provide for a continuation of the Professor
GUS transit link between the schools and fixed route bus service to the general public
along 51st Avenue from Olive Avenue to Thunderbird Road.
17
Professor GUS has been in service for ten months, providing a transportation
alternative to students and the general public. Daily ridership has increased to 70 per
day with the start of the new semester in August. The general public ridership along the
route is increasing as well. Although ridership is low compared to other Valley Metro
routes, this is typical for a new service with a limited service area. Joint marketing
efforts will continue to inform students, staff members, and citizens of the availability of
the service. Some marketing efforts were completed in the last few months, including
an on-campus promotion at GCC and a website created by ASU West. The route was
also included in the March 2001 Valley Metro Bus Book.
During the original discussion it was agreed that Professor GUS would operate
as a pilot program for 18 months, which will conclude February 15, 2002. At that time
the viability of the service will be evaluated and a determination will be made in regard
to continuing the service. Continued support for Professor GUS shows a commitment
to provide a necessary transportation link to students, employees and citizens who do
not have other transportation options. Professor GUS helps all partners meet their
mandated TRIP reduction programs by providing an alternative mode and reduces the
number of vehicles on the road.
Under terms of the agreements, the City will continue to provide transit services
as a pilot program to the institutions from July 1, 2001 until February 15, 2002. The
total cost of providing the service, through Laidlaw Transit Services, will be $91,521.
The City will pay 65% of this cost, $59,488; ASU West and GCC will each pay 13%,
$11,898; and Thunderbird, AGSIM, will pay 9%, $8,237. The City retains the farebox
revenue. Funding for this service is provided for in the Transit operating budget,
Account Number 26-4234-7330.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
this request.
Resolution No. 3504 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
INTERGOVERNMENTAL AGREEMENTS WITH ARIZONA STATE UNIVERSITY
WEST AND GLENDALE COMMUNITY COLLEGE ALONG WITH A
TRANSPORTATION SERVICES AGREEMENT WITH THE AMERICAN GRADUATE
SCHOOL OF INTERNATIONAL MANAGEMENT FOR THE JOINT AND
COOPERATIVE PURPOSE OF PROVIDING TRANSIT SERVICES AKA THE
EDUCATION CIRCULATOR.
19. GRANT AUTHORITY TO THE CITY MANAGER TO ACCEPT AND EXECUTE
GRANT OFFERS FROM THE FEDERAL AVIATION ADMINISTRATION
The Federal Aviation Administration (FAA) traditionally awards the majority of
their grants in August and September, the last two months of the federal government's
18
fiscal year. It is not unusual for the FAA to offer a grant to an airport sponsor on the
30th of September. When unanticipated funds are available at the end of their fiscal
year, the FAA may contact an airport sponsor and offer a grant for a project that was
originally programmed for funding in a future fiscal year. City staff has been working on
cultivating a relationship with the FAA that hopefully will help the City to begin to receive
early grant offers when funds are available. We believe that it would benefit the City of
Glendale to have the ability to expedite grants that require quick acceptance. To help
the City accomplish this, we recommend that the City Manager be given the authority to
accept and execute grant offers from the FAA for projects that are already listed in the
City's Capital Improvement Program. Once the grant is accepted, the City has three
years to complete the project. This should give the City adequate time to budget the
required 5% matching funds.
The recommendation was to waive reading beyond title and adopt a resolution
granting the City Manager the authority to accept and execute grant offers from the
FAA.
Resolution No. 3505 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 ACCEPTANCE OF GRANT OFFERS
FROM THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR PROJECTS AT THE
GLENDALE MUNICIPAL AIRPORT.
20. LIBRARY OVERDUE MATERIALS RESOLUTION AMENDMENT
Currently, the Library has a variable penalty fee that is assessed on accounts
requiring external collection efforts. This penalty fee has been set in City Council
Resolution 3274 to be $30 or one-half the cost of overdue materials, whichever is
greater. The library's automation vendor has made a software module available that
identifies patron accounts that should be submitted for collection and electronically
transfers the needed data to collection agencies. In order to implement this module, it
will be necessary to amend the resolution to adopt a fixed penalty fee because the
software cannot accommodate a variable rate.
This module, called DebtCollect, reduces the amount of staff time required to
manually recover critically overdue materials and corresponding fees. It adjusts the
patron record automatically to note that the name has been sent to the collection
agency and transfers reports via the Internet directly to a collection agency. One of the
biggest benefits this software module will provide is better patron service. Instead of
relying on one staff member's file of collection accounts which is manually updated, this
module will allow all of our circulation clerks to access accurate collection information
during any of our open hours at any of our three facilities. All adjustments to accounts
will appear on patrons' records instantly.
19
This addition to the Library's automation system is very timely due to the
increased library usage. During the past six months, library circulation has increased by
25%. Currently, 10 hours per week of employee time is required to compile overdue
accounts and calculate the amount of overdue fines and fees for accounts that are sent
to our collection agency. Less than one percent (.7%) of library patrons are sent to
collection so this is a staff intensive activity that can be performed by the automation
system.
This issue was reviewed by the Library Advisory Board, and board members
concurred that the DebtCollect software will be a valuable addition the library's
automation system. In addition, they felt that a fixed penalty fee of $30 is appropriate.
The recommendation was to waive reading beyond the title and adopt a
resolution amending the penalty fee assessed on library accounts requiring external
collection efforts pursuant to City Code Sec. 20-3.
Resolution No. 3506 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE LIBRARY'S PENALTY FEES ASSESSED ON
ACCOUNTS REQUIRING EXTERNAL COLLECTION EFFORTS AUTHORIZED BY
GLENDALE CITY CODE SEC. 20-3.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District asked
that the City construct the sidewalk on 59th Avenue, keeping handicapped residents in
mind. He noted that is currently paved with asphalt. He said the Gus Bus is a great
idea and he encouraged residents to use it.
It was moved by Lieberman, and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 20, including the
approval and adoption of Resolution No. 3494 New Series, Resolution No. 3495
New Series, Resolution No. 3496 New Series, Resolution No. 3497 New Series,
Resolution No. 3498 New Series, Resolution No. 3499 New Series, Resolution No.
3500 New Series, Resolution No. 3501 New Series, Resolution No. 3502 New
Series, Resolution No. 3503 New Series, Resolution No. 3504 New Series,
Resolution No. 3505 New Series, and Resolution No. 3506 New Series. The
motion carried unanimously.
LAND DEVELOPMENT ACTIONS - PUBLIC HEARING
21. REZONING APPLICATION Z-00-06: 11850 NORTH 55TH AVENUE
Mr. Brian Friedman, Senior Planner, presented this request by Don Smith to
rezone from A-1 (Agriculture) to SR-17 (Suburban Residence) on 6.2 acres located
south of the southwest corner of 55th Avenue and Cactus Road.
20
This is an infill parcel. The proposed SR-17 zoning is consistent with the
General Plan designation of 1-2.5 dwelling units per acre. SR-17 is an appropriate
zoning district for this site. Over the last several years, the area has been transforming
from a rural to a suburban character with the construction of SR-17 zoned subdivisions
to the west and south.
On July 19, 2001, the Planning Commission recommended approval of Rezoning
Application Z-00-06, subject to three stipulations. No one except the applicant spoke at
the Planning Commission public hearing.
The recommendation was to conduct a public hearing and approve Rezoning
Application Z-00-06, subject to the three stipulations recommended by the Planning
Commission.
Mr. Thom Khaler of Keller Williams Arizona Realtors, representing the
applicant/owner, stated that the applicant concurred with staff's report. He offered to
answer questions.
Councilmember Frate stated that he had attended a neighborhood meeting,
which had a large turnout of neighbors who supported the request.
Mayor Scruggs opened the public hearing on Agenda Item No. 21. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Frate, to approve Rezoning
Application Z-00-06, subject to the three stipulations recommended by the
Planning Commission. The motion carried unanimously.
22. REZONING APPLICATION Z-01-14 SUNBURST FARMS 23 & 24: 5701 WEST
PARADISE LANE
Mr. Ray Jacobs, Zoning Administrator, presented this request by the Planning
Commission to rezone Sunburst Farms 23 & 24 from R1-6 (Single Residence) to SR-17
PRD (Suburban Residence, Planned Residential Development). The area of the
request is located between 59th and 55th Avenues from Paradise Lane to Tierra Buena
Lane. Residents have expressed the need to formalize the livestock standards for their
subdivision. The existing R1-6 (Single Residence) district creates a legal
nonconforming use for livestock. The proposed rezoning seeks to resolve the livestock
standards while providing zoning districts consistent with the existing lot sizes. The
majority of the lots are included in the SR-12 PRD, with a typical lot size of 15,600
square feet. The larger lots within the SR-17 PRD area have a typical lot size of 34,000
square feet. All lots are developed with single-family residences and accessory
buildings. The SR-12 PRD standards include livestock standards to permit two animals
on all lots. The amended livestock standards will reinforce the historical equestrian
subdivisions and eliminate confusion related to real estate transactions.
21
The Planning Commission recommended unanimous approval of Rezoning
Application Z-01-14 at its July 19, 2001 meeting. No one spoke at the meeting.
The recommendation was to conduct a public hearing, and approve Rezoning
Application Z-01-14.
Mayor Scruggs opened the public hearing on Agenda Item No. 22. As there
were no comments, Mayor Scruggs closed the public hearing.
Councilmember Frate thanked Mr. Charles Beauchaine and Mr. James Waugh,
residents of Sunburst Farms for a well-done project and their citizen participation
efforts.
It was moved by Frate, and seconded by Martinez, to approve Rezoning
Application Z-01-14.
Councilmember Clark stated that the item should be approved, subject to the
PRD standards attached to the staff report.
It was moved by Frate, and seconded by Clark, to approve Rezoning
Application Z-01-14, subject to SR-17 PRD and SR-12 PRD Development
Standards. The motion carried unanimously.
23. GENERAL PLAN AMENDMENT GP-00-06 AND REZONING APPLICATION Z-
00-13: 8752 AND 8800 NORTH 671H AVENUE
Mr. Brian Friedman, Senior Planner, presented this request by Cathy Oliva and
Donald Short to amend the General Plan land use map from 5-8 to 12-20 residential
dwelling units per acre on 9.3 acres and rezone from A-1 (Agricultural) and R-4
(Multiple Residence) to R-5 SCO (Multiple Residence, Senior Citizen Overlay) on 18
acres. The site is located south of the southwest corner of 67th and Olive Avenues.
The applicant proposes to limit the maximum number of dwelling units to 360
rather than the 540 dwelling units that would normally be permitted by the R-5 zoning
district. The applicant also proposes to limit the maximum building height to 38 feet
rather than the 48 feet allowed by the R-5 zoning district. Additionally, the applicant is
proposing to limit building heights within the southeast corner of the site to 20 feet
which will enhance compatibility with existing residential developments adjacent to the
site.
The proposed General Plan designation is consistent with the property to the
south and the Glencroft senior housing development located to the east across 67th
Avenue. The proposed R-5 SCO zoning is a good fit for the site because the uses
allowed in the existing A-1 (Agricultural) zoning district are out of character with the
residential developments that surround the parcel. The proposal is compatible with the
multiple residence zoning districts to the south, southeast, and southwest.
22
This request meets the findings of the Senior Citizen Overlay district. The
proposal complies with the intent of the district to create a community for persons 55
years of age and older which does not adversely impact existing or planned
development. The proposal will provide adequate infrastructure and amenities.
On August 16, 2001, the Planning Commission recommended approval of these
applications, with the zoning subject to six stipulations. One person spoke at the
Planning Commission public hearing in support of the project but was concerned with
alleviating traffic congestion in the area.
The recommendation was to conduct a public hearing and approve General Plan
Amendment GP-00-06 and Rezoning Application Z-00-13, subject to the six stipulations
recommended by the Planning Commission.
In response to Councilmember Clark's question, Mr. Friedman explained that the
density under the current General Plan is 5 to 8 and 12 to 20 units per acre.
Councilmember Clark said she calculated a yield of 248 units if the land was kept at the
5 to 8 and 12 to 20 designation. Mr. Friedman agreed with Councilmember Clark.
Councilmember Clark pointed out that this is a minimum of 111 fewer units than
proposed by the applicant.
Councilmember Martinez asked if the apartments could be sold as
condominiums. Mr. Friedman said, based on discussions with the applicant, the
apartments would be rented for senior citizen use and would not be sold as
condominiums. Councilmember Martinez said he supported the project because there
is a need for this type of housing.
Councilmember Clark asked Mr. Friedman to explain the requirements for living
in a senior citizen facility. Mr. Friedman said the zoning ordinance establishes a Senior
Citizen Overlay district, which has a specific set of findings that mirror state and federal
laws. He explained that one individual residing in the unit must be at least 55 years of
age and a second individual must be over the age of 18. He said individuals under 18
years of age are allowed to visit, but are not allowed to reside there. He stated that the
development must be satisfactory in terms of design, construction, and amenities and it
must not harm any planned future developments in the area.
Ms. Aleba Oliva, speaking on behalf of the Applicant, stated that they have been
in the application process for over a year. She said they have gone beyond the City's
requirements under the Citizen Participation Program because they wanted everyone to
have a clear understanding of the project and to address any questions or concerns.
She said they filed for Senior Citizen Overlay zoning specifically to secure the project as
a senior citizen project. She said they believe the project is an ideal use for the site.
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Councilmember Lieberman asked about previous concerns with restricting the
ages of people that could be present. Mr. Flaaen said Senior Citizen Overlays have
been upheld and are permissible.
In response to Councilmember Clark's question, Ms. Oliva stated that the traffic
study was based on the entire acreage, currently zoned Al and R-4. Councilmember
Clark stated that there is no guarantee the Al would have turned into multi-family and,
therefore, the traffic study was based on a premise that may or may not have occurred.
Ms. Oliva agreed.
Councilmember Goulet asked if the applicant had commissioned the traffic study
or if it was done independently. Ms. Oliva stated that they contracted a national firm to
evaluate senior traffic versus non-senior traffic impacts.
Councilmember Martinez asked what the price range would be. Ms. Oliva said
the apartments would rent for $800 to $900 per month.
Mayor Scruggs pointed out that seniors tend to drive during non-rush hour times
and typically have one car per household as opposed to 2.5 cars in family households.
Ms. Oliva agreed. She stated that this was one of the factor's behind their decision
regarding the location.
Mayor Scruggs opened the public hearing on Agenda Item No. 23. As there
were no comments, Mayor Scruggs closed the public hearing.
Councilmember Goulet expressed his opinion that the developer has gone
beyond their duty in pursuing the Senior Citizen Overlay and have been very responsive
to citizen concerns. He said they were willing to make certain concessions to help
make the neighborhood more comfortable with the project.
It was moved by Goulet, and seconded by Lieberman, to approve General
Plan Amendment GP-00-06 and Rezoning Application Z-00-13, subject to the six
stipulations recommended by the Planning Commission.
Councilmember Clark stated that, while the project might work well at another
location, she was concerned about the number of units. She said homeowners in the
area would not like having a three-story apartment building behind their properties. She
expressed her opinion that the applicant's traffic study was flawed because it is based
on the total acreage, assuming it would be developed as an apartment complex. She
emphasized that she does not oppose Senior Citizen Overlays, but she does not
believe this location is an appropriate site.
Mayor Scruggs stated that her support for the project comes from the fact that
the applicant has addressed and mitigated the concerns of individuals who previously
opposed the project. She noted that those individuals have since removed their
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opposition. She said she invested personal time in working with residents to educate
them on the situation.
Upon a call for the question, the motion carried, with Clark voting "nay".
24. GENERAL PLAN AMENDMENT GP-00-10 AND REZONING APPLICATION
Z-00-27: SOUTHWEST CORNER OF 75TH AVENUE AND BETHANY HOME
ROAD
Ms. Tracy Stevens, Senior Planner, presented this request by Beus Gilbert PLLC
to amend the General Plan from Residential 8-12 dwelling units per acre to Limited
Office and rezone from R1-6 PRD (Single Residence, Planned Residential
Development) to C-O (Commercial Office) on 3.9 acres located at the southwest corner
of 75th Avenue and Bethany Home Road. The rezoning request will allow the property
to develop with any of the uses permitted in the C-O zoning district. The property
owner intends to develop the site with offices sometime in the future.
The current General Plan designation on the property is intended for medium-
density, single-family detached units, attached single-family patio homes, or
townhomes. Given the size, it is unlikely that a residential development could meet the
City's development standards. The proposed Limited Office designation will allow for
professional office businesses that are quiet in nature and provide a transition between
the adjacent roadways and the properties to the south and west.
The proposed C-O (Commercial Office) zoning district is the most appropriate
zoning to implement the proposed Limited Office land use designation. The C-O zoning
district requires strict development standards and is an appropriate district adjacent to
the residential zoning districts and the school site to the west.
At a public hearing on August 2, 2001, the Planning Commission unanimously
voted to recommend approval of General Plan Amendment GP-00-10 and Rezoning
Application Z-00-27, subject to three stipulations. No one other than the applicant
spoke at the hearing.
The recommendation was to conduct a public hearing and approve General Plan
Amendment GP-00-10 AND Rezoning Application Z-00-27, with Rezoning Application
Z-00-27 being subject to the three stipulations recommended by the Planning
Commission.
Mayor Scruggs opened the public hearing on Agenda Item No. 24. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Martinez, to approve General
Plan Amendment GP-00-10 and Rezoning Application Z-00-27, with Rezoning
Application Z-00-27 being subject to the three stipulations recommended by the
Planning Commission. The motion carried unanimously.
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BIDS AND CONTRACTS
25. AWARD OF CONSTRUCTION CONTRACT — MODIFICATIONS TO THE
JUSTICE COURT BUILDING
Dr. Martin Vanacour, City Manager, presented this request for City Council
award of a construction contract with Vizor L.L.C., in the amount of $549,000. This
project includes modification and tenant improvements to the former Justice Court
Building located at 6830 North 57th Drive.
The Information Technology Department is being relocated to the former Justice
Court building, an area consisting of approximately 7,000 square feet. The remodeled
building will accommodate seven offices, thirty two workstations, one personal
computer staging area, one network setup area, one area for a library, and one
conference room.
Six bids were received and opened on August 23, 2001 with Vizor L.L.C.,
submitting the lowest bid. The City's design consultant, DWL Architects, has reviewed
the bids and the qualifications of the low bidder and recommended award of the
contract to Vizor L.L.C. Engineering staff agreed with this recommendation.
Funds for this project are available in Fiscal Year 2001-2002 City Hall
Remodeling Account Number 01-8901-8300.
The recommendation was to award the construction contract to Vizor L.L.C. in
the amount of $549,000.
It was moved by Clark, and seconded by Lieberman, to award the
construction contract to Vizor, L.L.C. in the amount of $549,000.
Councilmember Lieberman noted that the building was built in 1929 as a
Chevrolet dealership for $22,000. He noted that were now spending $549,000 to
remodel it.
Upon a call for the question, the motion carried unanimously.
PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES
26. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP —
OCTOBER 6, 2001 THROUGH OCTOBER 7, 2001
This was a request for a special event liquor license for Our Lady of Perpetual
Help. The event is the annual fall festival to raise funds for operating expenses. The
event will be located at Our Lady of Perpetual Help, 7521 North 57th Avenue.
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The event will be held from 10:00 a.m. to 10:00 p.m. on Saturday, October 6,
2001 and from 10:00 a.m. to 8:00 p.m. on Sunday, October 7, 2001. If this license is
approved, the total days expended by this applicant will be 3 of the allowed 10 days this
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.
27. SPECIAL EVENT LIQUOR LICENSE FOR ST. LOUIS THE KING — OCTOBER
5, 2001 THROUGH OCTOBER 7, 2001
This was a request for a special event liquor license for St. Louis the King. The
event is the annual fall festival to raise funds for the church. The event will be located
at St. Louis the King Church, 4331 West Maryland Avenue.
The event will be held from 6:00 p.m. to 11:00 p.m. on Friday, October 5, 2001,
from 11:00 a.m. to midnight on Saturday, October 6, 2001 and from 11:00 a.m. to 11:00
p.m. on Sunday, October 7, 2001. If this license is approved, the total days expended
by this applicant will be 3 of the allowed 10 days this 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 Licensees and Control, with
the recommendation for approval.
Mayor Scruggs opened the public hearing on Agenda Item Nos. 26 and 27.
As there were no comments, Mayor Scruggs closed the public hearing.
Mr. Leonard Clark, a resident of the city of Glendale Barrel District,
endorsed both special event liquor licenses. He stated that churches are one of the
basic strengths of the City of Glendale.
It was moved by Lieberman, and seconded by Frate, to forward Special
Event Liquor License applications for (1) Our Lady of Perpetual Help School for
its annual fall fundraiser festival to be held at Our Lady of Perpetual Help School
located at 7521 North 57th Avenue on October 6 and 7, 2001; and for (2) St. Louis
the King Catholic Church for its annual fall fundraiser festival to be held at St.
Louis the King Catholic Church located at 4331 West Maryland Avenue on
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October 6 and 7, 2001, to the State of Arizona Department of Liquor Licenses and
Control, with the recommendation for approval. The motion carried unanimously
PUBLIC HEARING - LIQUOR LICENSES
28. LIQUOR LICENSE NO. 3-779 —AA FOOD & LIQUOR
This was a request for a new series 10 (off-sale retail, beer & wine) license for
AA Food & Liquor, which is located at 15414 North 67`h Avenue. The previous owner
operated this business as Circle K No. 515 and held a series 10 (off-sale retail, beer &
wine) license at this location. A new license is required because a series 10 license is
not transferable.
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 licensees 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 Planning Department, the Police
Department, and the 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.
29. LIQUOR LICENSE NO.S 3-780, 3-781 AND 3-782 — ROCK BOTTOM
RESTAURANT & BREWERY
This was a request for a person transfer of a series 7 (on- & off-sale retail, beer
and wine) license, a new series 3 (domestic microbrewery) license and a new series 12
(restaurant) license for Rock Bottom Restaurant & Brewery, which is located at 7640
West Bell Road. The previous owner operated this business as Cougan's at
Arrowhead and held a series 7 (on- & off-sale retail, beer and wine) license, a series 3
(domestic microbrewery) license and a series 12 (restaurant) license. New licenses are
needed for the series 3 (domestic microbrewery) license and the series 12 (restaurant)
license because these licenses are not transferable.
The applicant is currently operating this establishment pursuant to three interim
permits issued by the State of Arizona Department of Liquor Licenses and Control.
The approval of these licenses will not increase the total number of liquor licenses in
this area.
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The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department and the 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.
30. LIQUOR LICENSE NO. 3-783 — BOMBAY PALACE
This was a request for a new series 12 (restaurant) license for Bombay Palace,
which is located at 5775 West Bell Road, Suite 5. The previous owner operated this
business as Bombay Palace and held a series 12 (restaurant) license at this location.
A new license is required because a series 12 license is not transferable.
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 the area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department and the 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.
31. LIQUOR LICENSE NO. 3-784 — POTRO SALVAJE
This was a request for a person transfer of a series 7 (on- & off-sale retail, beer
& wine) license for Potro Salvaje, which is located at 6723 West Bethany Home Road.
The previous owner operated this business as Fillmore's Bean Pot Pub and held a
series 7 (on- & off-sale retail, beer & wine) 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 the area.
The establishment is over 300 feet from any school or church. No protests were filed
during the 20-day posting period. The Planning Department, the Police Department
and the County Health Department have reviewed the application and determined that
it meets all technical requirements.
29
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.
32. LIQUOR LICENSE NO. 3-785 — COSTCO WHOLESALE
This was a request for a person transfer of a series 9 (off-sale retail, all liquor)
license for Costco Wholesale, which is located at 5850 West Bell Road. The previous
owner operated this business as The Price Company dba Costco Wholesale and held a
series 9 (off-sale retail, all liquor) license at this location. The subsidiary, The Price
Company, is transferring its license to the parent corporation, Costco Wholesale
Corporation.
The applicant applied for this person transfer with the State of Arizona
Department of Liquor License and Control on August 1, 2001. The State still requires
the formal transfer of the license to the proper entity, even though this location closed
on August 17, 2001 . The approval of this license will not increase the total number of
liquor licenses in the area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department and the 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.
33. LIQUOR LICENSE NO. 3-786 — 7-ELEVEN NO. 16242F
This was a request for a new series 10 (off-sale retail, beer & wine) license for 7-
Eleven No. 16242F, which is located at 15232 North 59th Avenue. The previous owner
operated this business as 7-Eleven No. 16242H and held a series 10 (off-sale retail,
beer & wine) license at this location. A new license is required because a series 10
license is not transferable.
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 licensees 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 Planning Department, the Police
Department and the County Health Department have reviewed the application and
determined that it meets all technical requirements.
30
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. 3-787 — PARROT BAY CAFE
This was a request for a new series 12 (restaurant) license for Parrot Bay Cafe,
which is located at 5625 West Bell Road, Suite B. The previous owner operated this
business as Parrot Bay Cafe and held a series 12 (restaurant) license at this location.
A new license is required because a series 12 license is not transferable.
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 the area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department and the 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.
35. LIQUOR LICENSE NO. 3-788 — SMART & FINAL
This was a request for a new series 10 (off-sale retail, beer and wine) license for
Smart & Final, which is located at 7720 West Bell Road, Suite A. The previous owner
operated this business as Osco Drug Store and held a series 9 (off-sale retail, all liquor)
license at this location. Osco Drug Store transferred its series 9 (off-sale retail, all
liquor) license to 6730 West Bell Road in December 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 Planning Department, the Police
Department and the 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.
36. LIQUOR LICENSE NO. 3-789 — COSTCO WHOLESALE
This was a request for a person transfer of a series 9 (off-sale retail, all liquor)
license for Costco Wholesale, which is located at 17550 North 79th Avenue. The
previous owner operated this business as The Price Company d.b.a. Costco Wholesale
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and held a series 9 (off-sale retail, all liquor) license at this location. The subsidiary,
The Price Company, is transferring its license to the parent corporation, Costco
Wholesale Corporation.
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 the area.
The applicant still holds a valid series 9 license at the 5850 West Bell Road location.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department and the 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.
37. LIQUOR LICENSE NO. 3-790 - WATERHOLE
This was a request for a person transfer of a series 6 (on- & off-sale retail, all
liquor) license for Waterhole, which is located at 8830 North 43rd Avenue. The previous
owner operated this business as Waterhole 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 Planning Department, the Police
Department and the 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 asked for more information on Agenda Item 36. She explained
that the report states the previous owner of that location operated a business with a
Series 9 license; however, there was no business at that location prior to Costco. Mr.
Robert Drake, Revenue Administrator, explained that, prior to closing the old Costco
store, Costco had a Series 9 license granted to them for the new location. He said the
motion was for a person transfer. Mayor Scruggs pointed out there has been a lot of
police activity, considering the store just opened. Mr. Drake reported that twelve of the
sixteen calls were false burglar alarm calls.
32
Councilmember Clark said, at one time, the City was going to look at a policy
regarding excessive burglar alarm calls. Mr. David Dobrotka, Police Chief, agreed.
Councilmember Clark pointed out that the false alarms take police officers off the
street. She suggested that Council revisit the issue.
Mayor Scruggs opened the public hearing on Agenda Item Nos. 28, 29, 30,
31, 32, 33, 34, 35, 36, and 37. As there were no comments, Mayor Scruggs closed
the public hearing.
It was moved by Lieberman, and seconded by Clark, to forward Liquor
License Applications No. 3-779 for AA Food & Liquor; No. 3-780, 3-781 and 3-782
for Rock Bottom Restaurant & Brewery; No. 3-783 for Bombay Palace; No. 3-784
for Potro Salvaje; No. 3-785 for Costco Wholesale; No. 3-786 for 7-Seleven No.
16242F; No. 3-787 for Parrot Bay Café; No. 3-788 for Smart & Final; No. 3-789 for
Costco Wholesale; and No. 3-790 for Waterhole to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously
ORDINANCES
38. UPDATING OF SIGNATURE AUTHORITY
Mr. Art Lynch, Finance Director, presented this item. The City has authorized
signatures for deposit or withdrawal of checks. These authorizations need to be
periodically updated due to changes in organization structure. It was recommended
that the following individuals be authorized signers, effective immediately;
Name Position Signature Authorization
Ed Beasley Assistant City Manager City Manager
Chris Zapata Deputy City Manager City Treasurer
Pam Oliveira City Clerk City Clerk
Art Lynch Chief Financial Officer Assistant City Treasurer
Acting City Tax Collector
In addition, the City will have the two signatures as required for all checks over
$50,000. The Assistant City Treasurer's signature is imprinted by machine and the
second signature is signed on the check by hand.
This ordinance would authorize the City's bank to honor the above signatures on
electronic fund transfers, checks and drafts. The ordinance also re-affirms the authority
of the following signatories pertaining to the non-banking activities of the City.
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SUPERINTENDENT SIGNATORIES
Name Position Signature Authorization
Ken Reedy Deputy City Manager Superintendent of Streets
Public Works
Larry Broyles City Engineer Assistant Superintendent of
Streets
The recommendation was to waive reading beyond the title and adopt an
ordinance regarding signature authority.
Ordinance No. 2208 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 DESIGNATED OFFICERS TO DEPOSIT CITY
FUNDS IN DESIGNATED BANK; DIRECTING SAID BANK TO RECOGNIZE THE
SIGNATURES OF SAID OFFICERS ON ELECTRONIC FUND TRANSFERS, CHECKS
FOR DEPOSIT AND/OR WITHDRAWAL; AND DECLARING AN EMERGENCY.
It was moved by Martinez, and seconded by Goulet, to approve Ordinance
No. 2208 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.
39. ORDINANCE AMENDING PROCEDURES FOR SPECIAL ELECTIONS
Mr. Rick Flaaen, City Attorney, presented this item. In connection with the
Hayscale/Wal-Mart referendum election held in May of 2001, the Council adopted
Ordinance No. 2189 New Series which provided that publicity pamphlet arguments (i.e.
pro/con arguments) for initiatives and referenda could be submitted up to 30 days prior
to election day. This was done because the particular referendum vote in question was
submitted to a vote in such a manner that it did not allow the City Clerk sufficient time to
meet the statutory 60-day deadline for publicity pamphlet arguments (now 90 days due
to a recent statutory change).
Although appropriate for referenda because of the possible short timeframes
between submittal of the measure and election day, initiatives are required under the
Arizona Constitution to be filed/submitted at least four months prior to election day (e.g.
the Transportation Plan Initiative was submitted in June for the November 2001
election). Therefore, the shortened timeframe for publicity pamphlet arguments is not
necessary for initiatives.
The proposed ordinance merely strikes out all references to "initiatives" in the
original text, and thus continues to allow for a 30 day submittal deadline for referendum
elections.
34
The recommendation was to waive reading beyond the title and adopt an
ordinance amending the Glendale City Code relating to the procedures for special
elections.
In response to Councilmember Clark's question, Mr. Flaaen explained that,
originally, the State Statutes required that pro and con statements be submitted not less
than 60 days prior to the election; however, in response to the Wal-Mart referendum
case, that was changed to 30 days. He said they are now going back and requiring that
pro and con statements for initiatives be submitted not later than 90 days prior to the
election and that pro and con statements for referenda be submitted not later than 30
days prior to the election.
Councilmember Lieberman asked if pro and con statements would be sent out
prior to early ballots. Mr. Flaaen explained that pro and con statements for initiatives
would have to be filed no later than 90 days prior to the election, thereby, giving the City
Clerk sufficient time to distribute the pro and con statements prior to early ballots. He
said the new ordinance would strike the reference to the term "initiatives" in Ordinance
No. 2189 New Series.
Ordinance No. 2209 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE CODE OF THE CITY OF GLENDALE
CHAPTER 15, SECTION 15-4 RELATING TO THE PROCEDURES FOR SPECIAL
ELECTIONS; AND DECLARING AN EMERGENCY.
It was moved by Eggleston, and seconded by Goulet, to approve Ordinance
No. 2209 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.
40. DEEDS AND EASEMENTS ORDINANCE
Dr. Martin Vanacour, City Manager, presented this item. The City of Glendale is
conveyed real estate properties by quit-claim deed, warranty deed and/or easements
from property owners no longer desiring to retain ownership of their properties. Staff
allows these properties to accumulate and presents them to Council for a one-motion
consideration.
These properties have been used for sidewalks, streets, alleyways, parks, water
and sewer lines, and other public utilities. In order to utilize these properties for similar
use in the future, it is necessary that Council adopt an ordinance dedicating these
properties for public use.
The recommendation was to waive reading beyond title and adopt an ordinance
dedicating certain real property for public use.
35
Ordinance No. 2210 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR STREET,
PUBLIC UTILITY, SIDEWALK, ALLEY, WATER AND SEWER, PARKS AND OTHER
PURPOSES; ORDERING THE DOCUMENTS RECORDED; AND DEDICATING TO
PUBLIC USE THE PROPERTY DESCRIBED THEREIN.
It was moved by Goulet, and seconded by Frate, to approve Ordinance No.
2210 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.
41. AMENDMENT OF CITY CODE: CHANGE ORDER APPROVALS
Dr. Martin Vanacour, City Manager, presented this item. This City Code
amendment provides for the reinstatement of Section 2-155, Bidding, and Section 2-
156, Approval of Change Orders, that were inadvertently omitted by adoption of
Ordinance No. 2184 New Series, amending the Purchasing Ordinance. This
amendment also updates Section 2-156, Approval of Change Orders, so that it is
consistent with the fifty-thousand threshold contained in the revised Purchasing
Ordinance.
The proposed ordinance will improve administrative efficiency and will make the
City Manager's change order authority consistent with the revised Purchasing
Ordinance.
The recommendation was to waive reading beyond the title and adopt an
ordinance with the revisions to the City Code relating to bidding and change orders.
Ordinance No. 2211 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 2, ARTICLE V,
SECS. 2-155 AND 2-156 RELATING TO THE APPROVAL OF CHANGE ORDERS
FOR CONSTRUCTION CONTRACTS; AND DECLARING AN EMERGENCY.
It was moved by Goulet, and seconded by Frate, to approve Ordinance No.
2211 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.
42. CITY DEDICATION FOR RIGHT OF WAY AND A PUBLIC UTILITY EASEMENT
AT THE 103RD AVENUE ALIGNMENT, SOUTH OF GLENDALE AVENUE
Ms. Kristine Luna, Property Manager, presented this item. The development of
the proposed Groen Brothers Aviation Facility at the southwest corner of Glendale
36
Avenue and the 103rd Avenue alignment requires the dedication of both the roadway
and a public utility easement. The City owns all the necessary land and will record a
document that will dedicate these areas to the public. The road right-of-way will extend
to the southwestern end of the future roadway; the utility easement will extend to the
end of the Groen Brothers site.
These dedications will allow utility companies to supply facilities to Groen without
the need for individual easements within the typical roadway area. The road dedication
will establish the future right of way. Future lease descriptions will be based upon the
new right-of-way.
The descriptions for the road and easement are based on the Airport Master
Plan and the location of existing City utilities.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an easement for public utilities and a
road dedication over City owned land near the Airport.
Ordinance No. 2212 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 PUBLIC
UTILITY EASEMENT AND ROADWAY DEDICATION AT THE SOUTHWEST
CORNER OF GLENDALE AVENUE AND THE 103RD AVENUE ALIGNMENT FOR
THE DEVELOPMENT OF THE PROPOSED GROEN BROTHERS AVIATION
FACILITY; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE
RECORDED.
It was moved by Clark, and seconded by Goulet, to approve Ordinance No.
2212 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.
43. ABANDONMENT OF A PORTION OF A PUBLIC WATERLINE EASEMENT, AT
DEER VALLEY UNIFIED SCHOOL DISTRICT'S VOTECH SCHOOL LOCATED
AT 515f AVENUE SOUTH OF UNION HILLS
Mr. Larry Broyles, City Engineer, presented this item. As part of the expansion
of Deer Valley Unified School District's Votech School, located west of 51st Avenue
south of Union Hills, it will be necessary to relocate a portion of an existing waterline on
the school site to avoid being underneath a foundation wall. The water line is located
within a 20-foot easement dedicated to the City. A replacement easement has been
executed by the owners and will be recorded when the abandonment is granted.
There are no other property owners or utilities involved in the abandonment of
this property. There are no costs associated with this abandonment.
37
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning a portion of a public waterline easement.
Ordinance No. 2213 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 A PORTION OF A
WATERLINE EASEMENT LOCATED AT 51ST AVENUE SOUTH OF UNION HILLS TO
THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING
THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE.
It was moved by Eggleston, and seconded by Martinez, to approve
Ordinance No. 2213 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.
44. UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF
RECLAMATION IRRIGATION EASEMENT AT GLENDALE AVENUE WEST OF
83RD AVENUE
Mr. Larry Broyles, City Engineer, presented this item. Evergreen Devco, Inc.,
has acquired property located south of Glendale Avenue and west of 83rd Avenue and
has constructed a Walgreen's at this site. The Bureau of Reclamation currently holds
an irrigation easement which runs across this property. In order to allow this property to
be developed, Evergreen Devco, Inc. has worked in conjunction with the Bureau of
Reclamation to relocate this irrigation easement. After negotiations with the Bureau of
Reclamation, they have agreed to abandon the current easement in exchange for an
irrigation easement located within the City's right-of-way at the intersection of 83rd and
Glendale Avenues.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an easement in favor of the United
States Department of the Interior Bureau of Reclamation.
Ordinance No. 2214 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 AN
EASEMENT IN FAVOR OF THE UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION FOR AN IRRIGATION EASEMENT WITHIN THE
CITY'S RIGHT-OF-WAY AT THE INTERSECTION OF 83RD AVENUE AND
GLENDALE AVENUE; AND ORDERING THAT A CERTIFIED COPY OF THIS
ORDINANCE BE RECORDED.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2214 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.
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45. ARIZONA PUBLIC SERVICE COMPANY EASEMENT AT 63RD AVENUE AND
PYRAMID PEAK ROAD
Mr. Larry Broyles, City Engineer, presented this item. Arizona Public Service
Company (APS) has requested an easement at 63`d Avenue and Pyramid Peak Road.
APS wishes to place a 69,000 volt transmission line along the north and west
boundaries of the Pyramid Peak Water Treatment facility. This easement would consist
of approximately fifteen feet in width to construct, operate, and maintain electrical lines.
APS has routed this line so it will not conflict with the operation of the City's water
treatment facility.
The easement is necessary in order to meet the electric power needs of this
growing area. In exchange for this easement, APS has agreed to compensate the City
$35,530.27 for use of this area.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an easement in favor of Arizona
Public Service.
Ordinance No. 2215 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
POLES ALONG THE NORTH AND WEST BOUNDARIES OF THE PYRAMID PEAK
WATER TREATMENT FACILITY AT 63RD AVENUE AND PYRAMID PEAK ROAD IN
GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS
ORDINANCE BE RECORDED.
It was moved by Frate, and seconded by Goulet, to approve Ordinance No.
2215 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.
46. ABANDONMENT OF RIGHT OF WAY AT 83RD AVENUE NORTH OF CAMPO
BELLO DRIVE
Mr. Larry Broyles, City Engineer, presented this item. Costco Wholesale
Corporation requested abandonment of a portion of 83rd Avenue right-of-way along the
Costco site frontage. Specifically, the requested abandonment was a 30-foot wide
strip, parallel to the existing right of way line representing approximately 27,949 square
feet. The proposed right-of-way line will fall near the toe of the existing embankment
formed with the construction of 83`d Avenue. This abandonment would allow some
revisions to the site plan for development of a portion of the existing retention basin.
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No objections to the abandonment have been received by any department within
the City of Glendale, nor from any outside utility company. There are no facilities
located within this right of way and no costs associated with this abandonment.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning the right-of-way of 83rd Avenue, north of Campo Bello Drive.
In response to Councilmember Lieberman's question, Mr. Broyles stated that the
abandonment of right-of-way would not impair 83rd Avenue.
Ordinance No. 2216 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 A PORTION OF
RIGHT-OF-WAY LOCATED AT 83RD AVENUE, NORTH OF CAMPO BELLO DRIVE
TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY FOR
DEVELOPMENT OF A PORTION OF THE EXISTING RETENTION BASIN; AND
DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS
ORDINANCE.
It was moved by Martinez, and seconded by Frate, to approve Ordinance
No. 2216 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.
47. LICENSE AGREEMENT WITH SALT RIVER PROJECT FOR USE OF USA
LATERAL AT DESERT MIRAGE GOLF COURSE
Mr. Warren Smith, Director of Parks and Recreation, presented this item. During
the fall of 1996, City staff began the process of developing Desert Mirage public golf
course and driving range near 87th and Maryland Avenues. The Salt River Project
(SRP) owns rights to an underground lateral that has been incorporated into the design
of the course with the stipulation that, in exchange for use of the SRP property, the City
agrees, through Desert Mirage Golf Course, to provide minimal maintenance on the
system and to notify SRP of any improvements being proposed to the property.
In March of 2001, SRP submitted a new license agreement for the continued use
of the property as a golf course and allowing for additional landscaping of the property.
The term of the license agreement shall run through March 31, 2006 and may be
renewed in five-year increments.
The recommendation was to waive reading beyond title and adopt an ordinance
with Salt River Project.
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Ordinance No. 2217 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 SALT
RIVER PROJECT LICENSE FOR THE INSTALLATION AND MAINTENANCE OF
LANDSCAPING WITHIN THE DESERT MIRAGE GOLF COURSE.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2217 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.
RESOLUTION — PUBLIC HEARING
48. PROPOSED INCREASE TO SEWER USER CHARGES
Ms. Pilar Aguilar, Budget and Rate Manager, presented this item. On July 24,
2001, the City Council adopted a notice of intention to increase sewer user charges.
The proposed increase is based on an in-depth study of the water and wastewater
system which was reviewed during Council workshop on June 5, 2001. As evidenced by
the study, the costs of constructing, maintaining, and operating a utility system are
continuing to increase. The study included an evaluation of the existing rate structure,
assessment of the sewer rate calculation formula, and evaluation of the capital
improvement plan. The capital improvement plan includes expansion of the West Area
Wastewater Reclamation Facility and improvements to the 91st Avenue Wastewater
Treatment Plant to address both existing and projected treatment requirements. A
water and sewer rate analysis was conducted by Black & Veatch, which incorporated
the results of the comprehensive utility system study. The results of the rate analysis
include a recommendation for a three-year plan of 4% sewer revenue adjustments each
year and a modification to the sewer user charge schedule. The revised sewer user
charge schedule was developed based on costs of service by user class. These
adjustments will have varying effects on residential and commercial customers. In the
first year, 48% of residential customers will see an average $2.50 decrease in their
monthly bill, while customers with higher usage will see increases based on volume.
The City has complied with the public notice procedures set forth by Arizona
state law which require that a public hearing be held prior to Council vote on the
proposed wastewater rate increase. Also, as required, a copy of the Black & Veatch
Water and Sewer Rate Study is on file with City Clerk's Office.
The recommendation was to conduct a public hearing, waive reading beyond the
title and adopt a resolution implementing sewer user charge adjustments effective with
the October 2001 sewer utility billing.
Mayor Scruggs asked Ms. Aguilar to read a portion of the Council
communication regarding the actual effect of the changes on residential customers.
Ms. Aguilar read: "In the first year of this 4% increase, 48% of the residential customers
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will see an average $2.50 decrease in their monthly bill. Obviously, other customers
with much higher usage will see higher increases, based on their volume." Mayor
Scruggs noted that it is not just a rate increase, but a change in the rate structure to
more accurately reflect usage. Ms. Aguilar agreed with Mayor Scruggs.
Councilmember Clark said, although she originally did not want to implement a
rate change, staff's presentation at the Workshop was very compelling and made it
clear why the rate change was necessary.
Mayor Scruggs opened the public hearing on Agenda Item No. 48.
Mr. Tom Cramer, a resident of the City of Glendale Cholla District, stated
that he was against the rate increase and against raising any more fees. He said it was
time to reconsider and think of the impact that these increases have on taxpayers. He
commented that the Finance Director has done well due to the fact that he has a lot of
taxpayer money to handle from property tax increase values. He stated his opinion
that, as the tax monies come in, the City Council sits in meetings and tries to find more
ways to bring more in. He said he had observed through the years as the Council
addressed how they could raise fees on water, sewer, and garbage. He said it is time
that the City Council realizes they represent the citizens and not the City government.
He stated that staff is the government working through the City Council. He said staff
went to college to learn how to run the City and raise fees. He pointed out that, while
the Recreation Director has spent money to place art at City parks, the City has not built
a single swimming pool since he has lived here. He said the City's money goes into the
General Fund from the water and the sewer revenues.
Mr. Flaaen asked Mr. Cramer to direct his comments to the rate structure.
Mr. Cramer continued by saying that the fees are being increased, the money is
going into the General Fund, and the money is then being spent as the City needs. He
stated that It is time to stop increasing all fees. He noted that the Council had raised
the sales taxes from 7% to 8%. He said the car dealers have left Glendale because of
this.
Mr. Flaaen asked again that Mr. Cramer direct his comments to the sewer rate
structure.
Mr. Cramer continued by telling the City Council that they had been elected to do
the job. He said they should do the job they were elected to do, vote against the sewer
rate increase, and stop raising fees to the public.
Mayor Scruggs closed the public hearing.
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Resolution No. 3507 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ESTABLISHING SEWER SERVICE USER FEES PURSUANT
TO GLENDALE CITY CODE, CHAPTER 33, ARTICLE III, SECTION 33-174; AND
SETTING FORTH AN EFFECTIVE DATE.
It was moved by Clark, and seconded by Goulet, to pass, adopt and
approve Resolution No. 3507 New Series.
Councilmember Martinez pointed out that 48% of residential customers would
see a $2.50 decrease in their monthly bill. He said only customers who have a higher
usage rate would pay more.
Mayor Scruggs stated that in November of 2000, staff had requested that the
City Council raise water and sewer rates. She said the Council had asked for a further
study of the issue and proof that increases were needed. She said they did not only
look at current rates, but also at needs throughout the entire system. She noted that
they had initiated both reuse and recharge programs. She explained that an Enterprise
Fund was set up specifically for sewer charges and all monies go directly to expenses
related to sewer, and not to the General Fund. She stressed the fact that the City did
not raise the sales tax from 6% to7%. She explained that a majority of voters of the
State of Arizona enacted a .6% sales tax increase for education purposes. She noted
that the City of Glendale has not raised sales taxes since 1992, when taxes were raised
it from 1% to 1.2%. In 1994, the citizens of Glendale put forth an initiative to increase
the sales tax by 1/10 of a percent, specifically for public safety which brought the City
sales tax to 1.3% where it has remained.
She pointed out that the Council has reduced property taxes seven years in a
row. The present City Council has been involved in those rate reductions. Therefore,
none of the City Councilmembers favor higher rates and fees. She said this rate
increase report has been on file for months in the City Clerk's Office and the meetings
on this issue were conducted in full view of the public. She said the rate increase was
necessary to protect the stability of the City's financial structure and to provide needed
services. She said this action will ensure that those incurring the costs are the ones
who pay the costs, which is the directive we have received from the majority of our
citizens.
Upon a call for the question, the motion carried unanimously.
NEW BUSINESS — PUBLIC HEARING
49. PUBLIC HEARING TO INCREASE IMPACT FEES
Mr. Tim Ernster, Deputy City Manager, presented this item. Impact fees are one-
time charges to developers that are used to offset the costs resulting from new
development. In 1994 the City undertook an impact fee study that was completed and
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implemented on February 1, 1997. Again in 1999 the City undertook an impact fee
study that was completed and implemented on September 25, 2000. Recently the City
Council approved the contract to have Tischler & Associates review the previous study
and make recommendations for expanding the fees to cover the actual cost of
development to the City. Tischler & Associates has completed the study and
recommended changes to the fees. Council reviewed the recommendations on June 5,
2001 and directed staff to start the process of adopting the new fees.
Arizona State law requires that, prior to increasing impact fees, the City follow
several required steps. The first step is to pass a resolution stating the City's intent to
increase impact fees. The second step is to publish a notice in the Glendale Star setting
the date of a public hearing regarding the new fees. The third step is to hold a public
hearing at least thirty days after the resolution of intent to increase impact fees that is
also at least twenty days after the public notice published in the Glendale Star. The
fourth step is to adopt an ordinance changing the impact fees at least fourteen days
after the public hearing and set the effective date of the new fees at least 90 days after
the ordinance is adopted.
The recommendation was to conduct a public hearing for impact fee increases
on September 25, 2001.
Mayor Scruggs opened the public hearing on Agenda Item No. 49.
Mr. Tom Cramer, a resident of the City of Glendale Cholla District, said
homeowners will pay more fees than apartment dwellers. He said the City Council's
plan is for 20% of everything in the western area of Glendale to be commercial, 40% to
be multiple apartments, and 40% to be homes. He said for every 640 acres, there
would be 128 acres of commercial, 3,584 apartments units, and approximately 1,280
homes. He said the increased impact fees will result in more apartments being built in
the City.
In the plan, as Hickman Egg Farm, etc. comes in, there are 160 acres of
apartments. Now it is 40% apartments, 40% homes and 20% commercial. They are
going to build the apartments first this time. He said he did not like the increase in
impact fees. The increased impact fees will result in more apartments being built in the
City. The apartments will be built better than before, but there will be a lot of them.
Ms. Danya Butter, a resident of the City of Glendale Cactus District, said
there are several areas in the City that need to be redeveloped. She asked if those
areas would have reduced fees. She expressed her opinion that those areas should be
given a reduction in the impact fees to help encourage redevelopment.
Mayor Scruggs closed the public hearing.
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Councilmember Clark stated that the Western Area Plan encompasses 10
square miles in Glendale and, until Council has a series of Workshops on the
recommended plan, it is not a reality. She explained that the purpose of the Western
Area Plan is to encourage employment. She noted that approximately 76% of residents
leave Glendale to work somewhere else in the Valley. She stated that a majority of the
land in the Western Area Plan is designated as business park. She said there are
nearly two square miles dedicated to two commercial zoning designations between the
freeway and 83rd Avenue, corporate commerce center and sports entertainment mix
use. She expressed concern that there are only three areas reserved for residential.
She stated that she would like to see more, low-density, residential. She explained that
impact fees are designed to allow the City to recoup the costs of infrastructure.
Councilmember Lieberman stated that he supported impact fees. He explained
that residents of older areas of the City do not want to pay for new development. He
expressed his opinion that new areas must pay their own way. He said there has been
an unbelievable rise in the cost of running the City. He noted that there are areas in the
City where impact fees are reduced.
Councilmember Martinez agreed with the comments made by Councilmembers
Clark and Lieberman. He stated that the citizens want new development to pay for
itself.
Mayor Scruggs stated that the study was started in 1999 and the decision has
not been arbitrary or capricious. She said industry was included in the impact fee study
and it does not oppose the increase. She noted that Supreme Court decisions have
held that any municipality imposing an impact fee must justify that the fee is in direct
relation to the additional cost that the development will cause the city to incur. She said
they were responding to citizens who have made it clear that new development should
pay for itself. Mayor Scruggs noted that the parcel mentioned by Mr. Cramer was
purchased by Trammel Crow, which is requesting annexation into the City. She stated
that there is no intent, interest, discussion, nor desire to zone the property for multi-
family use.
50. BOARDS AND COMMISSIONS
Appointments are to be made to the following boards or commissions that have
a vacancy or expired term.
Effective Term
Date Expires
Arts Commission
Edwards, Patricia (Cholla) Appointment 09/25/2001 08/22/2003
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Aviation Advisory Commission
Moreno, Frank (Chair) Appointment 11/24/2001 11/23/2002
Struke, Steve (Vice-Chair) Appointment 11/24/2001 11/23/2002
Industrial Development Authority
Whitehurst, Darren L. (At-Large) Appointment 09/25/2001 08/24/2004
Transportation Advisory Commission
Lenox, Al (Chair) Appointment 11/07/2001 11/06/2002
The recommendation was to make appointments to the various Boards and
Commissions.
It was moved by Martinez, and seconded by Eggleston, to appoint Patricia
Edwards to the Arts Commission; Frank Moreno and Steve Struke to the Aviation
Advisory Commission; Darren L. Whitehurst to the Industrial Development
Authority; and Al Lenox to the Transportation 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 Martinez, to hold a City
Council Workshop at 2:30 p.m. in Room B-3 of the City Council Chambers on
Tuesday, October 2, 2001, to be followed by an Executive Session pursuant to
ARS 38-431.03. The motion carried unanimously.
CITIZEN COMMENTS
Ms. Vicki Huth. a resident of the City of Glendale Sahuaro District, stated that
she came before the Council on May 29, 2001 asking for resources to aid her in
stopping the harassment she and her son had been enduring since November of 2000.
She said she had been contacted the following day and met with a team from the City
of Glendale Police Department on June 14, 2001. She stated that action was then
taken by the Police Department and referrals were made to Maricopa County. She
reported that the Maricopa County Prosecutor's office convicted two individuals on
August 22 and September 4, 2001 for violation of the injunctions placed against them.
She said her son was assaulted on August 28th by a member of the gang. She stated
that she had met with Mr. Matt Lively, Glendale Police Lieutenant, the next day and
asked that the report be immediately assigned to a detective. She said Mr. Lively
advised her that he would ask to have the matter looked at immediately; however, she
had not heard from anyone as of yet. She reported that her house was egged on
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September 8th and an 11 pound rock was thrown through her son's bedroom window on
September 9th. She said the responding officer stated he would turn in the paperwork,
but had more important calls to take care of. She stated that Mr. Don Kralovetz, Police
Sergeant, responded to her request to speak to a sergeant. She stated that he said
"this kind of stuff is happening all over the City and in much higher profile cases than
yours. I understand your frustration, but we can only take the report and refer it to the
detectives." Twenty minutes after Mr. Kralovetz left, someone threw rocks through the
second bedroom window. She said a seven-pound rock was thrown at the plywood
covering the windows the following night. She said they had incurred $16,000 in
damages since November and her insurance company was considering canceling her
policy. She asked the Council to step in and look at what was happening.
Mayor Scruggs directed Dr. Vanacour to have the Police Department follow up
with Ms. Hilb.
Mr. Randy Johnson, a resident of the City of Glendale Sahuaro Districts
stated that he had visited Fire Stations 53 and 55 and left letters of appreciation. He
read the letter into the record and presented copies to the Chiefs of the Police and Fire
Departments.
Mr. Steve Porak, a resident of the City of Glendale Cholla District, protested
with regard to City ordinances on carrying guns into libraries and other government
buildings. He brought three items for Council's review: (1) a book entitled "The Second
Amendment Primer" by Les Adams; (2) a report prepared by the U.S. Senate in 1982;
and (3) the minutes of the 1910 meeting of the Constitutional Convention.
Ms. Margaret Shreek, a resident of the City of Phoenix, described the
Thoroughbred Farms neighborhood and asked that the land south of the Glendale
Airport be developed as a golf course and not a soccer and softball complex. She read
a petition which was circulated throughout the neighborhood and signed by 707
residents. She mentioned that a number of misconceptions held by residents in the
area, including that it was being completely funded by 303 monies and would be the
only local place where their children could participate in soccer and softball activities.
She stated that residents also believed there would be no fees associated with use of
the complex; however, because it is a commercial development, fees will be assessed.
She listed a number of concerns, including traffic, noise, and the devaluation of their
properties. She said a number of citizens felt the cities of Phoenix and Glendale were
not communicating enough information to support an educated decision. She said
those who signed the petitions would be contacted, if necessary, to inform them of
future action plans and to let them know when the Camelback Ranch land issue has
been placed on the Glendale City Council agenda.
Mayor Scruggs told Ms. Shreek that they would use her as the contact point to
reach those who signed the petition. She noted that the Council had not seen either of
the bids received.
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Ms. Debbie Sawyer, a resident of the City of Phoenix, said she and Allison
Wesley were the designated spokespersons for the Thoroughbred and Camelback
Farm area. She expressed her opinion that the equestrian acreage along 107th
Avenue, north of Camelback, is unique. She said they had always worked to be good
neighbors and would continue to do so. She said the neighborhood enthusiastically
supports the proposed golf course. She stated that it is compatible with the
neighborhood, the airport and the river bottom.
Ms. Danya Butter, a resident of the City of Glendale Cactus District, stated
that, at last week's City Council Workshop, it was noted that Kovalski said he had been
treated unfairly. She cited other situations where the Council was accused of treating
property owners unfairly. She asked if the property owners were making unfounded
accusations or if something else was going on. She asked why the City was making
Mr. Kovalski annex into the City. She stated that the government should not dictate
how and when his property is developed. She questioned whether the citizens of
Glendale were being oppressed. She suggested a limit of two two-year terms be
placed on the Mayor's seat and a limit of two four-year terms be placed on Council
positions. She also suggested that Executive Sessions be aired on television.
Mr. Flaaen informed Ms. Butter that, while she has the right to address the
Council on matters over which they have the power to change, her suggestions would
require changes to the Charter, which the Council does not have the power to do.
Ms. Butter continued by asking who makes the decision as to when pro and con
statements should be distributed. She said it seems as though the City changes the
law to suit its position and that the City bases its decision on the particular applicant.
Mayor Scruggs requested that Mr. Flaaen write a letter to Ms. Butter explaining
the time limits for pro and con statements on referenda and initiatives.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark acknowledged the author of the letter read by Mr. Martin
Nowakowski. She stated that it was written by Cheryl Sawyer, a professor at UH Clear
Lake. She said everyone is still focused on the events of September 11th . She closed
by saying "God Bless America".
Councilmember Goulet said the old adage "a little knowledge is a dangerous
thing" was exhibited several times this evening. He urged people to know the history
and facts of a case before speaking about it. He said he was very proud of people in
his district and throughout the City who have been flying their flags. He encouraged
them to continue doing so. Councilmember Goulet invited people to attend the meeting
at the Community Center to discuss its expansion.
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Councilmember Lieberman said the events of September 11th were a terrible
way to start the new Council session and woke people up to the fact that the basic
freedoms so many take for granted can be abridged by a few terrorists. He said he was
proud of the City's efforts to become a city of diversity and racial justice.
Vice Mayor Eggleston stated that now is the time to put the grief behind us and
move forward for the good of the country. He noted that the postponed Hispanic
Heritage festival will be held on Friday, September 28th
Councilmember Martinez agreed that life needs to go on to show the country's
strong will and resolve. He stated that a meeting regarding the proposed park at 71st
Avenue and Greenway Road will be held on September 26th at Pioneer Elementary
School. He said he will host a district neighborhood meeting on September 27th at 7:00
in the Foothills Library Community Room.
Councilmember Frate thanked the residents of the Sahuaro District for flying
their flags. He thanked the citizens of Glendale for their kind e-mails and prayers.
Mayor Scruggs apologized to staff, particularly Mr. Art Lynch, Finance Director,
and Mr. Warren Smith, Parks and Recreation Director, for the personal attacks made
on them by speakers during tonight's meeting. She pledged to prevent similar attacks
in the future. She said she was astounded by some of the comments she heard
tonight. She stated that she expects everyone to conduct themselves with civility and to
dialogue from a basis of truth and accuracy. Mayor Scruggs stressed the need for
tolerance and for exhibiting goodwill towards one another, especially in the wake of the
events of September 11th
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:25 p.m.
111( ,....,, ". 1
Pamela Oliv-Ira - City Clerk
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