HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/26/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, FEBRUARY 26, 2002, AT 7:00 P.M.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor
Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark,
Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez.
Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City
Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk.
COMPLIANCE WITH ARTICLE VII SECTION 6Jc)OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the three resolutions and four
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 FEBRUARY 12, 2002 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the February 12, 2002 City Council meeting, as each
member of the Council had been provided copies in advance, and approve them
as written. The motion carried unanimously.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 4 by
number and title.
1 . AWARD OF CONSTRUCTION CONTRACT SPRINKLER SYSTEM FOR
PUBLIC HOUSING COMMUNITY -GLENDALE HOMES
This was a request for the City Council to award a construction contract to Morris
Building and Management, Inc. in the amount of $81,000 for the installation of a
sprinkler system for a portion of Glendale Homes, 5215 West Ocotillo Road. The
sprinkler system will be completed within 45 days of the notice to proceed.
On March 28, 2000, the Mayor and City Council approved the Five-Year
Community Housing Agency Plan that authorized the annual expenditures of the
Capital Fund Program (CFP) grant. These funds are allocated annually by the
Department of Housing and Urban Development (HUD) for physical improvement
projects. In Fiscal Year 2001, the CFP grant totaled $325,044. A portion of the funds
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will provide a sprinkler system for water conservation. The improvements were
reviewed by the Housing Advisory Commission and were positively received.
Five bids were received and opened on February 6, 2002. The low bid of
$31,000 was submitted by Landscape Professionals, Inc., but was withdrawn by the
contractor. The second lowest bid was submitted by Morris Building and Management,
Inc., in the amount of $81 ,000, and was found to be responsive. Funding for the project
is available in Account Number 19-4424-7731 .
The recommendation was to award the sprinkler contract to Morris Building and
Management, Inc. in the amount of $81,000.
2. AWARD OF CONSTRUCTION CONTRACT — PERIMETER WALL FOR PUBLIC
HOUSING COMMUNITY - GLENDALE HOMES
This was a request for the City Council to award a construction contract to
Sunburst Landscaping, Inc. in the amount of $92,704 for the construction of a perimeter
wall and gates for a portion of Glendale Homes, 5215 West Ocotillo Road.
Construction is to be completed within 45 days of notice to proceed.
On March 28, 2000, the Mayor and City Council approved the Five-Year
Community Housing Agency Plan that authorized the annual expenditures of the
Capital Fund Program (CFP) grant. These funds are allocated annually by the
Department of Housing and Urban Development (HUD) for physical improvement
projects. In Fiscal Year 2001 , the CFP grant totaled $325,044. A portion of the funds
will provide perimeter walls, wrought iron panels and gates to enhance the appearance
of the property and provide additional security. The improvements were reviewed by
the Housing Advisory Commission and were positively received.
Seven bids were received and opened on February 7, 2002. A low bid of
$92,704 was received from Sunburst Landscaping, Inc. and was deemed to be a
responsive bid. Funding for construction is available in Account Number 19-4424-7731 .
The recommendation was to award the construction contract to Sunburst
Landscaping, Inc. in the amount of $92,704.
3. MAINTENANCE AGREEMENT — LIBRARY COMPUTERS
The City currently has a yearly maintenance agreement with Epixtech, Inc.
(formerly Ameritech Library Services), the library's automation vendor, for on-call and
preventive maintenance for software, server, and network components of the computer
system. The agreement is designed to protect the City's extensive investment in these
systems at all three library facilities by providing (1) a method to replace and/or repair
broken or defective equipment within a prescribed period of time, minimizing impact
upon internal operations and external delivery of services; (2) scheduled preventive
maintenance to isolate and correct potential problems; and (3) software upgrades and
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enhancements. Equipment covered by the agreement includes 3 servers and 1 system
printer, and network components covered include 14 hubs, 3 routers, and 5 switches.
Epixtech, Inc. provides proprietary technology with a fixed amount for
maintenance costs based upon our configuration of equipment. Due to the customized
hardware and software configuration, it is impossible for any other vendor to maintain
the hardware and provide necessary software upgrades. In Arizona, Mesa Public
Library and Yavapai Library Network use Epixtech, Inc. and each has a similar yearly
maintenance agreement. During the upcoming year, the Library will be doing a market
analysis of library automation systems to determine the best vendor for anticipated
future expansion.
The renewal cost of the maintenance contract with Epixtech, Inc., is $68,519.98,
which is budgeted for in Account Number 01-4510-7450, Equipment Maintenance.
The recommendation was to authorize City staff to execute the renewal of the
maintenance contract with Epixtech, Inc. in the amount of $68,519.98.
CONSENT RESOLUTIONS
5. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
PHOENIX FOR FIXED ROUTE BUS SERVICE
This contract change order is for year four of the five-year Intergovernmental
Agreement (IGA) between the City of Phoenix and the City of Glendale, extending from
July of 1999 through June of 2004, to provide continued operation of fixed bus route
service within Glendale. This contract will increase the service level for fixed route bus
service to match the level of service in the City of Phoenix on most existing routes,
including half-hour service until 10:00 p.m., Monday through Saturday, and hourly
service on Sunday and holidays. The amended contract (IGA) is consistent with the
goals of the Transportation Package approved by Glendale voters on November 6,
2001. A commitment in the Transportation Plan included the expansion of bus service
in order to provide greater transportation options, including increased frequency, the
addition of new routes, and the implementation of evening and weekend service.
The contract amount for Fiscal Year 2002-2003 is $3,116,000. This amount
includes $92,012 for service previously paid by the Regional Public Transportation
Authority (RPTA). Funding for the increased level of services was approved by the
citizens of Glendale in the November 2001 Special Election and will be provided in the
Fiscal Year 2002-2003 Transit budget. Approval of this Change Order is needed at this
time for the route extensions to appear in the July 2002 Bus Book.
This agreement covers the following fixed route services:
Route 24 - - Glendale Avenue/43rd Avenue to 67th Avenue
Route 59 - - 59th Avenue/Camelback to Union Hills Drive
Route 60 - - Bethany Home Road/43rd Avenue to 67th Avenue
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Route 67 - - 67th Avenue/Camelback Road to Arrowhead Towne Center
Route 80 - - Northern Avenue/43rd Avenue to 59th Avenue
Route 90 - - Olive Avenue/43rd Avenue to 67th Avenue
Route 106 - - Peoria Avenue/43rd Avenue to 67th Avenue
Route 138 - - Thunderbird Road/51st Avenue to 67th Avenue
Route 170 - - Bell Road/51st Avenue to Arrowhead Towne Center
Route 186 - - Union Hills Drive/51st Avenue to Arrowhead Towne Center
Yellow Route - - Grand Avenue/71st Avenue to 43rd Avenue
Express Routes 581 and 570
Additional fixed route services provided to the City of Glendale are paid for by
the RPTA and are, therefore, not included in this contract.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing execution of amendment to Contract Change Order No. 1 to the
Intergovernmental Agreement with the City of Phoenix for the operation of fixed route
bus services in Glendale.
Resolution No. 3534 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
CONTRACT CHANGE ORDER NO. 1 TO THE INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF PHOENIX FOR THE OPERATION OF FIXED
ROUTE BUS SERVICES IN THE CITY OF GLENDALE.
6. 800 MEGAHERTZ AMENDMENT TO FIRE COMPUTER AIDED DISPATCH
CONTRACT
An amendment to the emergency dispatch agreement with the Phoenix Fire
Department is needed to include the one-time infrastructure cost of participating in the
Phoenix 800 MegaHertz (MHz) Public Safety Radio System (PSRS). This system will
replace the existing VHF radio communications currently in use by Valley fire
departments that participate in the Phoenix dispatch system.
Due to the increased commercial demand for VHF communications by non-
emergency users, Valley emergency response agencies are converting their
communications to the 800MHz protocol, phasing out their reliance on VHF bands. The
800MHz PSRS will enable all emergency response agencies to communicate directly
with each other, without relaying information through the alarm room. It also eliminates
interference from non-emergency VHF users scanning emergency bands. All cities
participating in the Phoenix Computer Aided Dispatch system are contributing a
proportionate share to the infrastructure cost of the new PSRS, based on dispatch
volume. Glendale's cost allocation is $3,474,082.
Funding for this project, including the cost of purchasing the 800MHz radio
equipment, is budgeted in the Capital Improvement Plan. $2,000,000 is budgeted in
Fiscal Year 2002, and the balance in Fiscal Year 2003.
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The recommendation was to waive reading beyond the title and adopt a
resolution to amend the dispatch agreement with the Phoenix Fire Department, to
include the one-time infrastructure cost of participating in the Phoenix 800 MegaHertz
Public Safety Radio System.
Resolution No. 3535 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
THE FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT NO. 29838-
018 WITH THE CITY OF PHOENIX PERTAINING TO THE PARTICIPATION IN THE
PHOENIX FIRE DEPARTMENT REGIONAL DISPATCH SYSTEM IN ORDER TO
MORE EFFECTIVELY PROVIDE EMERGENCY FIRE, MEDICAL AND OTHER
SERVICES.
7. PARKS AND RECREATION PROPOSED MASTER PLAN
In 1999 the City Council awarded a contract to Design Workshop to update the
Parks and Recreation Master Plan. The current Master Plan was adopted by the City
Council in September of 1985. The Parks and Recreation Proposed Master Plan will
serve as a strategic planning tool for decisions regarding parks, open space facilities,
and recreational programs over the next ten years. The plan was developed through an
extensive citizens participation process, which included fourteen focus groups, four
public forums, and a citizens survey. The plan identifies and prioritizes action strategies
to satisfy the expectations of the community.
The major goals of the master plan are:
• To provide equitable distribution of parks and recreation amenities;
• To provide opportunities for citizen participation in design of parks and
facilities;
• To develop a system of linked open spaces, parks and recreation facilities to
neighborhoods, schools, and employment centers; and
• To provide high quality parks and recreational facilities in a safe and cost
effective manner.
The plan will be implemented through 24 action strategies over the next ten
years. Those strategies include:
• Innovative land acquisition;
• Development of new facilities that offer diverse recreation;
• Development of a plan to renovate five older parks a year over the next ten
years; and
• Creation of new lighted sports fields, playgrounds and courts.
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The proposed plan was discussed with the Parks and Recreation Commission in
July of 2001, and the Commission unanimously recommended approval of the plan by
the City Council. Staff presented the plan to the City Council at a workshop session on
September 18, 2001, and again on February 5, 2002.
The recommendation was to waive reading beyond the title and adopt a
resolution approving the Parks and Recreation Master Plan.
Resolution No. 3536 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, APPROVING THE PARKS AND RECREATION MASTER PLAN
FOR THE CITY OF GLENDALE.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked
the Council for the increase in bus service. He said he was happy to see the amount of
citizen involvement in the Parks and Recreation Master Plan. He asked that the
developers in the area along 59th Avenue, between Northern and Olive Avenues,
consider including a park in their plans.
It was moved by Eggleston and seconded by Martinez, to approve the
recommended actions on Consent Agenda Item Nos. 1, 2, 3, 5, 6, and 7, including
the approval and adoption of Resolution No. 3534 New Series, Resolution No.
3535 New Series, and Resolution No. 3536 New Series. The motion carried
unanimously.
4. CHANGE ORDER NO. 1 AND FINAL — MANISTEE TOWN CENTER
ASBESTOS ABATEMENT AND BUILDING DEMOLITION
Councilmember Lieberman requested that Consent Agenda Item No. 4 be heard
separately.
Mr. Larry Broyles, City Engineer, presented this request for City Council approval
of Change Order No. 1 and Final to the contract with International Environmental
Corporation in the amount of $76,404. The construction contract was awarded on
November 27, 2001.
This change order provides for additional asbestos removal, which was
discovered during the demolition of Manistee Town Center. Throughout the demolition,
asbestos-containing floor tile and mastic were found and identified underneath a layer
of carpet and non-asbestos tile in several of the suites. During the initial asbestos
survey, Liesch Southwest conducted an area-by-area walk-through of the 530,000
square foot mall building. Upon visual examination of surface materials, fifty-one
samples were collected and identified as containing asbestos material. This excluded
four of the suites that were tenant occupied and were not readily accessible for detailed
asbestos survey; furthermore, the asbestos survey did not reveal conditions below
surface tile and carpet layers. An additional 35,164 square feet of asbestos removal
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was required. The locations and quantities were thoroughly discussed with the
Maricopa County Environmental Services/Air Quality Division.
The total amount of this change order is $76,404, resulting in a revised contract
amount of $1,267,104. Funds are available in Manistee Land Acquisition Account
Number 01-8058-8300. Engineering Department staff has reviewed the costs and found
them to be fair and reasonable.
The recommendation was to approve Change Order No. 1 and Final to the
construction contract with International Environmental Corporation in the amount of
$76,404.
Councilmember Lieberman said the contractors should have expected going into
the project that there would be asbestos under the tile and carpet. He expressed his
opinion that the City should not be held responsible because the contractor failed to
factor in the additional asbestos removal that would be required. He said the
contractors knew from the start that they would come back for a change order. Mr.
Broyles explained that the areas in question were not available for the necessary tests
during the initial investigation to determine if asbestos was present. Councilmember
Lieberman stated that he could not support this item because the contractor knew from
the start that a change order would be necessary. Mr. Broyles agreed that the
contractor could have included the amount as a contingency in his original bid. He
explained that it would have resulted in a higher bid and, consequently, higher
insurance and bonding requirements.
Mayor Scruggs asked if the City's Engineering Department played any role in the
contractor deciding not to include the item as a contingency item in the original bid. Mr.
Broyles said the City could not confirm that additional asbestos removal would be
necessary at the time it considered the original bids. He said it was a joint decision not
to include a contingency. Mayor Scruggs asked if the City would have had to pay the
full amount if the original bid had included the contingency and the additional asbestos
removal ultimately was deemed unnecessary. Mr. Broyles said the City would have
paid the additional price because it was a lump sum bid.
Councilmember Martinez asked Mr. Broyles if, in his opinion, the price paid was
fair for the work done. Mr. Broyles responded in the affirmative.
Councilmember Goulet asked Mr. Broyles if he believed it would be in the City's
best interest to overbid a contract to cover any future change orders. Mr. Broyles said it
is typically City policy not to include additional contingency items in the bid process.
Councilmember Goulet asked if it was City policy to disrupt existing businesses to
conduct testing to determine the cost of awarding a contract. Mr. Broyles said they
typically do not do so. Councilmember Goulet asked if the change order could have
been significantly higher or lower. Mr. Broyles responded in the affirmative. He
explained that they negotiate the price based on actual quantities.
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Councilmember Lieberman asked if it would be possible for the contractor to
indicate in its original bid that the site had not been surveyed sufficiently and that
additional change orders may be necessary in the future. Mr. Broyles explained that
bids are based on the plans and specifications provided by the designer and a
contractor would be qualifying his bid if additional monies were added to cover
unforeseen conditions. Councilmember Lieberman asked if the contractor would be
required to bond for the additional amount. Mr. Broyles responded in the affirmative.
He stated that the cost is included as part of the change order.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said the
original bid amount seemed inadequate at the time, even to him. He stated that he no
longer supported the request and suggested that the Council, at a minimum, table the
item to determine what steps could be taken to ensure that this situation does not occur
again.
Councilmember Lieberman noted that 35,000 square feet equates to less than
8% of the building's total square footage, whereas, the change order reflects 15.6% of
the total contract cost.
Mr. Broyles confirmed for Mayor Scruggs that the work had already been
completed. Mayor Scruggs asked what would happen if the Council voted not to
approve the change order. Mr. Flaaen explained that the contractor would likely file a
suit for breach of contract and, if successful, would be awarded the amount owed, plus
attorney fees.
Councilmember Frate asked if it would be unsafe to disturb asbestos in an
occupied space. Mr. Broyles said it was more a matter of disrupting ongoing business.
He stated that samples could be taken in a safe manner.
Councilmember Clark stated that she would support the request because the
work had already been done. She expressed concern about the bid process and
change orders and asked if the issue could be addressed in greater detail at a future
meeting.
Councilmember Lieberman said he would feel better about the change order if
the amount requested was proportionate to the square footage. He asked Mr. Flaaen if
the first bidder's contract gives them an exclusive right for a change order. Mr. Flaaen
said, while feasible, bidding a separate item out in the midst of a contract would not be
the most efficient way to conduct business. Mr. Broyles noted that the change order is
reviewed to determine if the costs are fair and reasonable. He said they will obtain
additional quotes if the original contractor's change order is found to be unreasonable
and the contractor is unwilling to negotiate. Councilmember Lieberman stated that he
would also like to discuss the bid and change order process further at a future meeting.
Mayor Scruggs clarified that the $76,000 adds approximately 6% to the overall
project cost.
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It was moved by Goulet and seconded by Frate, to approve Change Order
No. 1 and Final to the construction contract with International Environmental
Corporation, in the amount of $76,404 (Consent Agenda Item No. 4). The motion
carried by a vote of 6 to 1, with Councilmember Lieberman voting "nay".
PUBLIC HEARING - AND DEVELOPMENT ACTIONS
8. REZONING APPLICATION Z-01-22: 6848 6856, 68641AND 6872
NORTHWEST GRAND AVENUE
Ms. Teresa Halverson, Planner, presented this application by Mr. Howard
Anderson, representing Mr. and Mrs. Vern Eagle, Webb Distributors, and San Plumbing
Supply, to rezone 7 acres from C-3 (Heavy Commercial) and R-4 MH (Multiple
Residence Mobile Home) to M-1 (Light Industrial). The site is located approximately
1400 feet north of the northwest corner of 67th and Grand Avenues.
There are currently three businesses located on the four parcels. Eagle
Redwood Furniture and San Plumbing do not plan to expand their businesses at this
time. The auto body repair facility that occupies the middle two parcels will be removed
and Webb Distributors will relocate to that location. They will construct a new office and
warehouse building.
The requested M-1 zoning is consistent with the General Plan designation of
Light Industrial. M-1 zoning is a better fit for this site than the R-4 MH and the C-3
zoning districts. The character of the area is industrial and mobile home development
is unsuitable for this site. The existing and proposed uses fit M-1 zoning better than the
existing C-3.
At its hearing held on January 17, 2002, the Planning Commission
recommended approval of Rezoning Application Z-01-22, subject to one stipulation. No
one, other than the applicant, spoke at the hearing.
The recommendation was to conduct a public hearing and approve Rezoning
Application Z-01-22, subject to the one stipulation recommended by the Planning
Commission.
In response to questions posed by Councilmember Clark, Ms. Halverson said
there are apartments to the north and east of the subject property. Councilmember
Clark asked if the City reviews a business to ensure that it is environmentally safe and
will not cause excessive noise or odors. Ms. Halverson explained that everything in an
M-1 zoning district must be in an enclosed building. She said this particular business is
a wholesaler and does not manufacture any products. She stated that environmental
issues are typically addressed during a building's design process.
Mayor Scruggs opened the public hearing on Agenda Item No. 8.
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Mr. Leonard Clark, a resident of the City of Glendale Barrel District, asked if
any residents who currently live in the area would be misplaced. He also expressed
concern about environmental issues.
Mayor Scruggs closed the public hearing on this item.
It was moved by Clark, and seconded by Martinez, to approve Rezoning
Application Z-01-22, subject to the one stipulation recommended by the Planning
Commission. The motion carried unanimously.
9. REZONING APPLICATION Z-01-24: 6808 NORTH 63RD AVENUE
Mr. Beasley requested that this item be removed from the agenda. He stated
that it would be re-submitted at the March 26, 2002 Council meeting.
It was moved by Goulet, and seconded by Frate, to table Agenda Item No. 9
(Rezoning Application Z-01-24) and bring it back to the Council at its March 26,
2002 City Council meeting. The motion carried unanimously.
10. WESTERN AREA GENERAL PLAN AMENDMENT APPLICATION NO.
G P-00-04
The Western Area General Plan Amendment, Application No. GP-00-04, has
been discussed with the City Council at workshops held on December 11, 2001,
January 8, 2002, and January 15, 2002. The Western Area General Plan Update was
initiated by the City Council in December of 1999, after a series of Workshops that
began in 1997.
The proposed Western Area Plan's major features are the continuation of the
employment reserve, creation of a regional activity center, strengthening the area's
image as the western "Gateway to Glendale", and the introduction of four new land use
designations.
The four new land use designations contained in the proposed amendment are
Neighborhood Shopping Center (NSC), Community Shopping Center (CSC), Corporate
Commerce Center (CCC), and Sports/Entertainment Mixed Use (SEMU). In 2001 the
City Council adopted new zoning districts that can be utilized to implement the NSC and
CSC land use designations. The CCC and SEMU land use designations may be
implemented with the Planned Area Development (PAD) zoning district. A new zoning
district may be needed to further accommodate the CCC designation. In the interim,
the Planned Area Development (PAD) zoning district is being utilized.
Employment generating land uses are the emphasis of the Western Area
amendment. Little change is proposed west of the Agua Fria Freeway (Loop 101).
This land area is predominately designated as Business Park (BP) and Light Industrial
(LI).
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Changes between 115th Avenue and the Loop 101 include (1) the addition of the
Western Area Water Reclamation Facility; (2) adjusting the location of the commercial
opportunity at Glen Harbor Boulevard and Glendale Avenue; (3) adjustment of the New
River corridor in accordance with plans from Federal Emergency Management Agency
(FEMA); (4) correction of the alignments of 99th Avenue and the Loop 101; and (5) the
adjustment of the commercial opportunities at the intersection of 99th and Glendale
Avenues.
The proposed General Plan Amendment characterizes the land area east of the
Loop 101 to 83rd Avenue as a mixture of employment, retail, entertainment and
residential development. The corridor from the eastside of the Loop 101 to 91St Avenue
is the area of greatest change. Three of the new land use designations occur within
this area — Community Shopping Center, Corporate Commerce Center, and
Sports/Entertainment Mixed Use. The corridor between 83rd and 91st Avenues is
proposed as predominately residential, with some neighborhood commercial located at
the intersection of arterials. The overall residential density is slightly lower than that of
the existing General Plan. The new Neighborhood Shopping Center designation occurs
within this area.
The Corporate Commerce Center and the Sports/Entertainment Mixed-Use
designations include an opportunity for limited residential development. There are two
criteria for residential development that each of the designations contain. The first
criterion is that a minimum of 30% of the employment or retail use be established prior
to any residential development. The second criteria is that a maximum of only 15% of
the total acreage within a single area designated either Corporate Commerce Center or
Sports/Entertainment Mixed Use is permitted to be residential.
It was moved by Eggleston, and seconded by Goulet, to table Agenda Item
No. 10 (Western Area General Plan Amendment Application No. GP-00-04) and
bring it back to the City Council at an undetermined future Council meeting. The
motion carried unanimously.
BIDS AND CONTRACTS
11. EMERGENCY WATER MAIN BREAK REPAIR — 59TH AND NORTHERN
AVENUES
Mr. Larry Broyles, City Engineer, presented this item. During the morning of
December 18, 2001, a water main break occurred at the intersection of 59th and
Northern Avenues. After the Streets Division barricaded the area and the Utilities
Department shut down the water, an assessment was made of the extent of the
damage and the repairs that were needed. After consultation with the Engineering
Department, it was determined that the oldest pipes had been in place since 1964 and
the decision was made to replace the older Asbestos Cement Pipes (ACP) throughout
the intersection. Although the specific cause of the water main break is not known for
certain, it is suspected that the combination of cold weather, winter time water pressure
(system water pressures in Glendale are typically highest during the winter months) and
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the age of pipe all contributed to the break. To help alleviate future water main breaks,
staff is in the process of developing a comprehensive water main replacement program
that will focus on replacement of the older water mains, especially ACP 30 years of age
and older. It is also intended that emphasis will be placed on replacing the older water
mains that are in major intersections and major arterial streets. It is hoped that this
program will be underway early in Fiscal Year 2002-2003.
Because of the extensive damage and waterline replacement required, the
Construction Engineering Division was asked to hire the contractors to make the
repairs. The services of five contractors were required to make the repairs. They
worked around the clock for six days and the intersection was re-opened on December
24, 2001.
Pierson Construction repaired and replaced the waterlines at a cost of
$144,246.12; Specialized Surfacing removed and replaced the damaged asphalt
pavement for $49,364.20; JMH Co. replaced the curb, gutter and sidewalk at the
southwest corner for $9,347.67; Kimbrell Electric Inc. replaced the traffic signal loops
for $9,200; and Complete Parking Lots Inc. restriped the crosswalks and traffic lanes for
$3,756. The total amount of the repair was $215,913.99.
Funds in the amount of $215,913.99 need to be transferred from Utilities
Contingency Account Number 50-2447-7000 to Waterline Replacement Account
Number 50-9249-8300.
The recommendation was to approve the transfer of funds and payment for the
emergency repair of the 59th and Northern Avenues water main break in the amount of
$215,913.99.
Councilmember Clark said she was pleased that the City was going to embark
on a program to prevent similar situations from occurring in the future. She asked if the
cost to repair other intersections would be similar. Mr. Broyles explained that the costs
were extensive and could have been substantially lower if the problem had been found
before the water main actually broke. Councilmember Clark asked if the City had
cameras that are capable of going through the pipes to assess their condition. Mr.
Broyles said those cameras are typically used in sewer lines. He explained that water
lines are pressurized and do not have the same access.
Councilmember Martinez asked if older neighborhoods would be impacted by the
program. Mr. Broyles said older neighborhoods were included in the overall evaluation
and will be made part of the program. He explained that they are currently attempting
to prioritize areas by establishing the age of the waterline pipes and determining the
history of breaks in various neighborhoods.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, agreed
that the City should spend the necessary funds to upgrade the waterlines. He noted
that a similar break occurred at the same intersection approximately one year ago.
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It was moved by Lieberman, and seconded by Martinez, to approve the
transfer of funds and payment for the emergency repair of the 59th and Northern
Avenues water main break in the amount of $215,913.99. The motion carried
unanimously.
PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES
12. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP
SCHOOL — APRIL 27, 2002
This was a request for a special event liquor license for Our Lady of Perpetual
Help School. The event is the Monte Carlo Night fundraiser, which will be located at
Our Lady of Perpetual Help School, 7521 North 57th Avenue.
The event will be held from 6:00 p.m. to 11:00 p.m. on Saturday, April 27, 2002.
If this license is approved, the total days expended by the applicant will be 1 of the
allowed 10 days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.02, the 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 Department of Liquor Licenses and Control, with the recommendation
for approval.
Mayor Scruggs opened the public hearing on Agenda Item No. 12.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said Our
Lady of Perpetual Help, like many other places of worship, helps the community in its
fight against drug use. He strongly urged the Council to approve the request.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Frate, to forward the Special
Event Liquor License Application for Our Lady of Perpetual Help School for a
Monte Carlo Night fundraiser, to be located at Our Lady of Perpetual Help School,
7521 North 57th Avenue, on April 27, 2002, to the State of Arizona Department of
Liquor Licenses and Control, with the recommendation for approval. The motion
carried unanimously.
PUBLIC HEARING - LIQUOR LICENSES
13. LIQUOR LICENSE NO. 3-803 — LOS COMPAS LOUNGE
This was a request for a person transfer of a series 7 (on- & off-sale retail, beer
& wine) license for Los Compas, which is located at 7018 North 54th Avenue. This
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person transfer is due to a change in the legal entity (sole proprietor changing to a
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 this area.
A conditional use permit has been issued to this location for the dancing and live music
that the applicant intends to provide.
The establishment is over 300 feet from any church. The nearest school, the
Center for Neurodevelopmental Studies, is within 212 feet of this location. However,
the 300-foot rule prohibiting retail liquor establishments within 300 feet of a school does
not apply because the liquor license was at this location prior to the school. The
Planning Department, the Police Department, and the County Health Department have
reviewed the application and determined that it meets all technical requirements.
One protest was received within the 20-day posting period. The protest was
received from the owner of the nearby mobile home park with 33 signatures. Of the 33
signatures, 32 are within the one-mile radius. The basis for the protest is the close
proximity to a school, loud music, exceeding occupancy requirements, disturbances in
the parking lot, and people leaving trash at the property during the day when the
business is not open.
The protest letter mentioned a concern with regard to the distance from the
school, formerly a church, to the bar. In checking with the State of Arizona Department
of Liquor Licenses and Control regarding the issuance of this liquor license at this
location, its records indicate that this license has been at this location since 1981.
Staff met separately with the applicant and the owner of the mobile home park.
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.
It was moved by Goulet and seconded by Clark, to table Agenda Item No.
13 (Liquor License Application No. 3-803 — Los Compas Lounge) and bring it back
to the City Council at an undetermined future Council meeting. The motion
carried unanimously.
15. LIQUOR LICENSE NO. 3-806 — SHISH KEBAB HOUSE
This was a request for a person transfer of a series 7 (on- & off-sale retail, beer
& wine) license for Shish Kebab House, which is located at 5023 West Olive Avenue.
This person transfer request is due to a change in the legal entity of the business (a
partnership changing to a corporation).
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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.
17. LIQUOR LICENSE NO 3-809 — ARISONG CAFE KARAOKE
This was a request for a new series 12 (restaurant) license for Arisong Café
Karaoke, which is located at 4362 West Olive Avenue. The previous owner operated
this business as the Arisong Café Karaoke 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 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 opened the public hearing on Agenda Item Nos. 15 and 17.
Mr. Leonard Clark, a resident of the City of Glendale Barrel_District,
expressed his opinion that the Council should approve the liquor license applications for
Shish Kebab House and Arisong Café Karaoke, considering other major retailers in the
area sell liquor.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Clark, to forward Liquor
License Application No. 3-806 for Shish Kebab House and Application No 3-809
for Arisong Café Karaoke to the State of Arizona Department of Liquor Licenses
and Control, with the recommendation for approval. The motion carried
unanimously.
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14. LIQUOR LICENSE NO. 3-805 — GYPSIES NITE CLUB
This was a request for a person transfer of a series 6 (on- & off-sale retail, all
liquor) license for Gypsies Nite Club, which is located at 6505 North 59th Avenue. The
previous owner operated this business as the End Zone and held a series 6 (on- & off-
sale retail, all liquor) license at this location.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the State of Arizona Department of Liquor Licenses and Control. The
approval of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The 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 opened the public hearing on Item 14.
Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District,
addressed both Item Nos. 14 and 16. She asked the Council to give the applications
careful consideration. She stated that the area has experienced a number of liquor
related problems. She said they were working hard to address problems in their
neighborhood and having more liquor licenses would impede their progress.
Ms. Rosilyn Miller, a resident of the City of Glendale Ocotillo District, stated
that she was opposed to Liquor License Application No. 3-808 for Super Carniceria El
Gallito because a Circle K located next door to the establishment already sells liquor.
She agreed that problems in the neighborhood were attributable to liquor.
Ms. Zdravka Stephanie Smircic, owner of Gypsies Nite Club, agreed that the
neighborhood has problems. She noted, however, that the problems are drug, not
alcohol, related. She stated that liquor bottles are not permitted to be removed from
bars and, therefore, any bottles strewn throughout the neighborhood were purchased
elsewhere.
Mayor Scruggs closed the public hearing on Agenda Item No. 14.
It was moved by Eggleston, and seconded by Lieberman, to forward Liquor
License Application No. 3-805 for Gypsies Nite Club to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval.
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Councilmember Clark stated that she would not support the application because
she believed it would directly impact the quality of life in surrounding neighborhoods.
She said she is concerned when she sees 42 licenses within a one-mile radius.
Councilmember Goulet stated that the neighborhood to the west has been trying
to stimulate redevelopment and send a message to the community about quality of life
in the neighborhood. He said it is naive to say that liquor does not contribute to
problems in a community. He stated that he would not support the application.
Mayor Scruggs asked if the establishment would revert back to the previous
owner if the license was not approved. Mr. Flaaen explained that the State of Arizona
Department of Liquor Licenses and Control does not necessarily look at the need of the
neighborhood when considering person-to-person transfers because the establishment
already exists. He said they look at the quality and character of the individual making
the application. He stated that, in most cases, the establishment would revert back to
the previous owner. Mayor Scruggs expressed her respect for those who spoke in
opposition to the application. She stated, however, that it would be difficult to deny this
application when it would simply revert back to the previous owner and continue
business as usual.
Councilmember Martinez said, although he appreciated the concerns of the
neighborhood, he would support the application because it is not a new license.
Councilmember Clark acknowledged that the Council has no say in the Liquor
License Board's decision. However, she noted that it is important to send them a
message.
Mayor Scruggs said the message that a recommendation to deny the application
would send is that the applicant is unable to run the establishment. She cautioned
against sending messages at times when they cannot effect change. She stressed the
fact that her support of the application does not diminish her appreciation for what
residents in the neighborhood are trying to accomplish.
Councilmember Frate voiced his support of the application. He said he hoped
the new owner would make improvements to the building's outside appearance.
Upon a call for the question, the motion carried by a vote of 5 to 2, with
Clark and Goulet voting "nay".
16. LIQUOR LICENSE NO. 3-808 — SUPER CARNICERIA EL GALLITO
Mr. Michael Bailey, Regulatory & Communications Manager, presented this
request for a new series 10 (off-sale retail, beer & wine) license for Super Carniceria El
Gallito, which is located at 6311 West Maryland Avenue. There have been no prior
liquor licenses at this location. The approval of this license will increase the number of
liquor licenses in this area by one.
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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.
Councilmember Clark pointed out that there are 46 liquor licenses in very close
proximity. She asked Mr. Bailey why a portion of the nearby school, which is within 300
feet of the subject location, does not count according to the 300 Foot Rule. Mr. Bailey
explained that current law measures from building to building, which, in this case, is 305
feet. He said the fence line would be used if an area of the school property was used
for a playground, recreation area, or development area. He noted that the fence line
actually measures at 295 feet. He confirmed that Council could consider potential
future uses of the school property.
Councilmember Goulet asked Mr. Bailey to explain the method by which
someone posts an application on a property. He also asked for information about the
process the applicant went through to apply for the license. Mr. Bailey said the City
posts the property for 20 days. Councilmember Goulet pointed out that trucks parked
at the front of the property would obscure the signs from view. He asked if the
application is posted anywhere else on the property and what are the dimensions of the
signs. Mr. Bailey said the notice is placed on the window. He acknowledged that the
notice could be obstructed from view. He said the sign is approximately 20"x24" and no
other signs are posted on the property. Councilmember Goulet asked Mr. Bailey when
he had become aware that the applicant was intending to apply for this type of license,
compared to when construction of the site began. Mr. Bailey said they had received the
application after the applicant had undertaken the developmental process and
construction of the facility.
Mr. Bailey confirmed for Councilmember Martinez that the building already
exists. Councilmember Martinez questioned whether a 20"x24" sign would be adequate
to inform passersby of the applicant's intent. He stated that, based on comments he
had heard and the fact that a Circle K is located next door, he would not support the
application
Mayor Scruggs opened the public hearing on Item 16.
Ms. Natalie Stahl, a resident of the City of Glendale Ocotillo District, cited
the number of existing liquor licenses and the criminal activity and blight that already
occurs in the neighborhood as reasons not to support the application. She noted that
the Planning Department sends letters to residents in the area when it posts a property.
She suggested that a similar form of notification would be appropriate for liquor
licenses.
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Ms. Rosilyn Miller, a resident of the City of Glendale Ocotillo District,
agreed that postings need to be more apparent. She said she had received notices for
zoning changes, but did not receive any notice of the liquor license application.
Mr. John Flores, a resident of the City of Glendale Ocotillo District, identified
himself as the President of the Ocotillo Rose Neighborhood Association. He said he
opposed the application because there are 13 liquor licenses within the boundaries of
his neighborhood (Maryland Avenue to Bethany Home Road and 59th to 63rd Avenues).
He stated that 63ta and Maryland Avenues are main routes for children on their way to
school. He said the building's windows could not be seen until last Sunday because of
equipment parked in front of the establishment.
Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, said he
was totally against the application. He stated that they had experienced numerous
problems at that corner. He said the site has inadequate parking and the neighborhood
does not need another liquor license.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, cited the
school as his main reason for opposing the application. He challenged the Council to
make the City's lobbyists at the State Legislature do something about the density of
liquor licenses allowed in a given area. He stated that, although he supports small
business, family and the quality of life in neighborhoods have to come first. He asked
the Council to vote against the application.
Mrs. Sharon Hoyle, a resident of the City of Glendale Ocotillo District, said
she and her neighbor had been working for three years to get improvements in the
area. She said she visited the site earlier in the week and never saw a permit. She
expressed her opinion that the area does not need another liquor license and the
establishment would serve to undermine their efforts to maintain a middle-class
neighborhood.
Ms. Marlee Brinkerhoff, a resident of the City of Glendale Ocotillo District,
said excessive speed on the street has been a problem and the crossing guards cannot
be expected to be responsible for everything. She stated that she opposed the
application.
Mr. Edward Gonzales, a resident of the City of Glendale Ocotillo District,
spoke on the applicant's behalf. He stated that it is a family business. He expressed
his opinion that the liquor license would not increase liquor sales in the neighborhood,
nor would their clientele come only to purchase liquor.
Mayor Scruggs closed the public hearing on this item.
Councilmember Clark asked Mr. Gonzales if the establishment was a franchise.
Mr. Gonzales responded that it was not.
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Councilmember Goulet asked Mr. Gonzales how he was involved in the project.
Mr. Gonzales explained that he had helped the applicant with the application and was
asked to speak on the applicant's behalf. He stated that he had presented similar
applications in the past. Councilmember Goulet asked Mr. Gonzales why he did not
follow procedure and file a liquor license application prior to starting construction. Mr.
Gonzales said the remodeling blueprints had to be submitted before the Liquor Board
would consider the liquor license application. Councilmember Goulet asked Mr.
Gonzales why he believed another license was needed in the area. Mr. Gonzales said
they believed their clientele will be drawn from the existing establishments and that they
would not add to the number of liquor purchases in the area. He said liquor is expected
to be 10% of their overall sales. Councilmember Goulet asked how much of the
establishment would be devoted to liquor or liquor-related products. Mr. Gonzales
stated that it would be less than 10% of the business.
Councilmember Lieberman noted that the applicant's documentation from a
similar establishment does not depict a liquor department. Mr. Gonzales explained that
they did not want to include propaganda for a service they had not been approved to
offer.
It was moved by Goulet, and seconded by Clark, to forward Liquor License
Application No. 3-808 for Super Carniceria El Gallito to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for denial.
Councilmember Lieberman asked that the recommendation reflect the Council's
unanimous opposition to the application.
Councilmember Martinez said, while he supports small business, he could not
support adding a new license to the neighborhood. He again suggested that the
Council look into liquor license postings. Councilmember Martinez recognized the fact
that the State Liquor Board makes the ultimate decision. He suggested, however, that
new applications for off-premises liquor sales be included in the citizen participation
ordinance.
Councilmember Clark said she supported Councilmember Martinez' suggestion.
She stated that it would fit into the citizen participation process. She emphasized the
fact that at least three criteria had not been met: (1) the applicant has shown no need or
necessity for an additional license at this location; (2) it is detrimental to the
neighborhood and will negatively effect the neighborhood quality of life; and (3) the
establishment's close proximity to the school could deny the school use of a portion of
its property.
Councilmember Goulet said it was a quality of life issue. He noted that the
subject area is the densest square mile in the City. He said adding another license
would only increase problems. He urged the applicants to contact the City early in their
planning process. He said he would support improving the means by which residents
are informed of liquor license applications. He said it was unfortunate that a number of
business applications filed do nothing to add to the neighborhood's quality of life. He
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urged the Liquor Board to consider the people who live in the neighborhood prior to
approving the application.
Upon a call for the question, the motion carried unanimously.
ORDINANCES
18. ARIZONA PUBLIC SERVICE EASEMENT AT THE PYRAMID PEAK WATER
TREATMENT FACILITY
Mr. Larry Broyles, City Engineer, presented this item. On December 2, 2001, the
Council granted a utility easement to Arizona Public Service Company (APS) at the
Pyramid Peak Water Treatment Plant.
The easement granted to APS would allow APS to cross a 120-foot area that is
owned by the Central Arizona Project (CAP). Prior to Council approval, APS had been
verbally assured by CAP that their request for an easement over this area would be
approved. However, on December 18, 2001, CAP denied their request.
APS has requested that the City realign the current easement in order to
accommodate the installation of the powerline around the CAP property. The poles that
APS would be installing will be 90 degrees, with approximately a 6-foot diameter. This
request consists of granting APS approximately 15 feet of additional easement. APS
has agreed to compensate the City an additional $523.76 for the 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 with Arizona Public
Service.
Ordinance No. 2245 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 THE
INSTALLATION OF POWER LINES AND RELATED FACILITIES AT THE PYRAMID
PEAK WATER TREATMENT FACILITY 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.
2245 New Series. The 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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19. ABANDONMENT OF AN EASEMENT LOCATED AT 79TH AVENUE AND
OCOTILLO ROAD
Mr. Larry Broyles, City Engineer, presented this item. Core Group, a residential
developer has submitted plans to develop Porta Estates, on a 5-acre site located at the
southwest corner of 79th Avenue and Ocotillo Road. During initial meetings with City
staff, it was discovered that a 25-foot waterline easement, containing an abandoned
City waterline, is located along the northern boundary of the property.
Core Group has requested that the City grant an abandonment of the easement
in order to remove a cloud on their title and to move forward with the project.
The appropriate City departments have reviewed the proposed abandonment
and have no objections. There are no costs associated with this abandonment.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning an easement located at 79th Avenue and Ocotillo Road.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
would support approval of the item if the City was absolutely certain that the water line
would never be needed again.
Ordinance No. 2246 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 WATER LINE
EASEMENT LOCATED AT 79th AVENUE AND OCOTILLO ROAD, GLENDALE,
ARIZONA 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 Clark, and seconded by Lieberman, to approve Ordinance
No. 2246 New Series. The 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.
20. AGRICULTURAL LEASE ON 20 ACRES OF LAND AT 99TH AVENUE AND
CAMELBACK
Mr. Larry Broyles, City Engineer, presented this item. In October of 2001, the
City acquired approximately 20 acres of land that was being farmed by Gingg Farms.
Gingg Farms has requested that the City continue leasing this property to them until the
City determines what it proposes to do with the property. There are no immediate plans
for the sale or use of this property, which was purchased for the pump station site
located at the southeastern corner of the parcel.
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The lease proposal is for $1 ,500 per acre or $30,000 annually. The term of the
lease is three years, ending in December of 2004. There is a clause in the lease
allowing the City the option of terminating the lease due to sale, transfer, or
development of the property, providing the City gives the lessee six months' notice of its
intent.
The lease of the property will allow the City to maintain a presence on the
property that will discourage trespassing and potential illegal dumping. The lessee will
be responsible for the payment of all irrigation fees associated with farming activities
and will insure the property with comprehensive public liability insurance.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to enter into an agricultural lease with Gingg
Farms.
Mr. Leonard Clark a resident of the Cit of Glendale Barrel District, said
Gingg Farms appears to be a hard working business that has helped stop trespassing
and illegal dumping at 59th and Alice Avenues.
Ordinance No. 2247 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGRICULTURAL LEASE
AGREEMENT WITH GINGG FARMS ON 20 ACRES OF LAND AT 99TH AVENUE AND
CAMELBACK ROAD.
It was moved by Clark, and seconded by Frate, to approve Ordinance No.
2247 New Series. The 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.
21. UPDATING OF SIGNATURE AUTHORITY
Art Lynch, Chief Financial Officer, 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 City Manager City Manager
Terry Zerkle 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
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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.
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 the
ordinance updating signature authority.
Ordinance No. 2248 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 Goulet, and seconded by Clark, to approve Ordinance No.
2248 New Series. The 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.
BOARDS AND COMMISSIONS
22. BOARDS AND COMMISSIONS
Appointments are to be made to the following boards or commissions that have
a vacancy or expired term.
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Effective Term
Date Expires
Library Advisory Board
French, Eleanor (Ocotillo) Appointment 04/13/2002 04/12/2004
Rea, Anna (Barrel) Re-appointment 04/13/2002 04/12/2004
Parks & Recreation Advisory Commission
Grosscup, Phyllis (Barrel) Re-appointment 04/09/2002 04/08/2004
Grosscup, Phyllis (Vice-Chair) Appointment 02/26/2002 02/25/2003
Stahl, Scott (Vice-Chair) Appointment 02/26/2002 02/25/2003
Personnel Board
Herman, James F. (Chair) Appointment 02/26/2002 02/25/2003
Ojala, Lillie (Vice-Chair) Appointment 02/26/2002 02/25/2003
Butterworth, Stan (Cholla) Appointment 02/26/2002 02/25/2004
The recommendation was to make appointments to the various Boards and
Commissions.
It was moved by Martinez, and seconded by Lieberman, to appoint Eleanor
French and Anna Rea to the Library Advisory Board; Phyllis Grosscup and Scott
Stahl to the Parks & Recreation Advisory Commission; and James F. Herman,
Lillie Ojala, and Stan Butterwroth to the Personnel Board, for the terms listed
above. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Clark, to hold a Joint City
Council and Planning Commission Special Workshop session at 4:00 p.m. on
Thursday, February 28, 2002, in the Hummingbird Room at the Glendale Foothills
Branch Library, 19055 North 57th Avenue; to hold two City Council Workshops at
1:30 p.m., in Room B-3 of the City Council Chambers, on Tuesday March 5, 2002
and Tuesday March 19, 2002, both workshops to be followed by executive
sessions pursuant to A.R.S. 38-431.03; and to vacate the regularly scheduled City
Council meeting at 7:00 p.m. on Tuesday, March 12, 2002. The motion carried
unanimously.
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CITIZEN COMMENTS
Mr. Bud Rouse, a resident of the City of Glendale Sahuaro District, thanked
the Council, on behalf of the Ocotillo Homeowners Association, for the Home Depot
store at 59th and Peoria Avenues. He said the store has addressed all of the residents'
initial concerns. He also thanked Councilmember Frate for attending their
neighborhood meetings and for meeting with City staff and their homeowners board to
resolve their concerns. He expressed his appreciation to Mr. Gary Fulk, Planning
Department Land Use and Design Review Manager, and Mr. Jon Froke, Planning
Director, for their assistance. He noted that they were adding palm trees on Mercer
Lane to enhance the entrance to their neighborhood.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked
the Council for their efforts in improving the quality of life for Glendale citizens. He
asked if the City had any plans for a park on 59th Avenue, between Olive and Northern
Avenues. He expressed his appreciation for the City's efforts to keep Luke Air Force
Base. He stated that recent events have made it an even more important and vital
base. He also thanked the City's Police Department. He stated that the City is very
fortunate to have such an experienced police chief. He expressed concern about the
cocaine and heroine use epidemic that is spreading from the City of Phoenix into the
City of Glendale. He asked the City to do more in terms of intervention and prevention.
Mayor Scruggs asked Mr. Warren Smith, Director of Parks and Recreation, to
contact Mr. Clark regarding his question concerning a park on 59th Avenue.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark thanked those involved in creating the Parks Master Plan.
She stated that it was truly a community effort. She also thanked Mr. Elio Pompa, a
captain with the Glendale Fire Department, who invited Councilmembers to attend a
mass casualty drill. She said it was amazing to see the level of cooperation between 14
different emergency-aid agencies.
Councilmember Goulet thanked Glendale Fire Station #152, located at 6850
West Bethany Home Road, for hosting the previous Saturday's Safe City Open House.
He stated that parks are valuable City assets. He noted that the City is in the final
planning stages for a very unique 38-acre park to be located at 63`d and Grand
Avenues. He said they will continue to work with the Parks Department to renovate
existing parks and partner with developers to plan for open space.
Councilmember Lieberman reminded everyone that March 12th is election day.
Councilmember Martinez thanked the citizens who had participated in last night's
neighborhood meeting at Arrowhead Elementary School. He said he had attended a
ground breaking ceremony for Phase II Foothills Regional Park and Skunk Creek Linear
Park this morning. He thanked Parks and Recreation Department staff and the Parks
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and Recreation Commission for all of their hard work. He said the skateboard park
should be a reality by late summer.
Mayor Scruggs reported that Friday, March 1St is Read Across America Day.
She encouraged everyone to read with their children. She said Luke Days is scheduled
for March 23rd and 24th and the United States Air Force Thunderbirds will perform. She
noted that the American Graduate School of International Management (Thunderbird) is
hosting WorldPort that same weekend.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:15 p.m.
Pamela • iveira - City Clerk
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