HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/26/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, MARCH 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 Rose Day, Acting City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the six resolutions and three
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.
Mayor Scruggs introduced the following boy scouts from Glendale Boy Scout
Troop 760: Cameron Diaz, Aaron Krieger, Nate Skousen, Bryce McCleery, Chris
McGuire, Michael Minick, and Matt Skousen; and their scout masters - Craig Minick and
Curtis Skousen.
APPROVAL OF THE MINUTES OF THE FEBRUARY 26, 2002 CITY COUNCIL
MEETING Y' _
It was moved by Goulet and seconded by Clark, to dispense with the
reading of the minutes of the February 26, 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.
PROCLAMATIONS AND AWARDS
NATIONAL COMMUNITY DEVELOPMENT WEEK APRIL 1-7, 2002
The Community Development Block Grant (CDBG) program was established in
1975 to assist local governments in meeting the needs of its low-and moderate-income
citizens. In recognition of the tremendous contributions of the CDBG program over the
years, both on a national and local level, the City has been asked to declare the week
of April 1 - 7, 2002 as "National Community Development Week 2002."
The City has received over $32,893,000 since it began receiving CDBG funds in
1977. Over the last 25 years, this program has served to emphasize the importance of
locally determined priorities and has facilitated the development of strong relationships
between the City, local nonprofit agencies, and Glendale's citizens. The Community
Development Advisory Committee (CDAC), a citizen review committee, works in
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concert with the City Council to identify local needs for the purpose of improving the
physical and social conditions of Glendale residents. Examples of CDBG-funded
activities include:
• Housing programs such as in-fill construction and first-time homebuyer
programs;
• Housing repair/rehabilitation programs such as the Single Family
Rehabilitation Program, Roof Repair/Replacement Program, Home
Accessibility Modification Program, and Emergency Home Repair Program;
• Construction of housing for the elderly;
• Renovations to public facilities such as the Glendale Boys and Girls Club,
Glendale Family Development Center, Glendale Community Center, YWCA
Valley West Center, and the Community Housing complexes;
• Installation of streetlights, sidewalks, and handicapped accessible curb cuts;
and
• Social service programs for the elderly, youth, disabled, and victims of
domestic violence; and programs to prevent homelessness.
The programs funded by CDBG funds have benefited thousands of Glendale
residents over the years. During "National Community Development Week 2002"
recognition will be given to the thousands of participants and programs that
demonstrate the quality and effectiveness of the Community Development Block Grant
program. In Arizona, National Community Development Week will be celebrated on
Thursday, April 4, 2002 in Scottsdale, Arizona.
Staff was requesting that the City Council recognize the accomplishments of the
CDBG program through a proclamation supporting the observation of "National
Community Development Week 2002".
Mayor Scruggs proclaimed April 1-7, 2002 as National Community Development
Week 2002 in Glendale, Arziona. She presented a proclamation to Ms. Lasca Beck,
Chair of the Community Development Advisory Committee. Ms. Beck thanked the
Mayor and Council. She stated that it had been her pleasure to be associated with the
Community Development Block Grant program. She said she had found the program
to be a very effective method of identifying priorities and meeting community needs.
She said all of the worthwhile projects funded by the program have helped citizens,
either by improving their living conditions or by providing social programs.
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The recommendation was to approve the purchase of one new sanitation rear
loading truck from Freightliner Arizona in the amount of $132,421 .66, taxes included.
2. DESERT GARDENS II SMALL PLANT AUTHORIZATION
Desert Gardens II is a 225 unit apartment complex located at approximately
135th and Glendale Avenues in the Maricopa County jurisdiction. This project needs a
small package treatment plant to allow the development to proceed. In Maricopa
County, all small sewer treatment plants require a sponsor that has sewer planning
jurisdiction. In this case, Glendale is the planning jurisdiction for Desert Garden II. The
developer has signed the agreements that will bind the property owner and any
purchasers to connect both apartment complexes to the sewer when it is available, pay
the impact fees in place for sewer service at the time they connect, and remove the
small plants from both apartment complexes and properly eliminate them.
The City Council discussed this item on March 19, 2002 and directed staff to
bring the item forward for Council action. The Council agreed that the project will benefit
Luke Air Force Base personnel and, therefore, should be supported. Based on the
positive support of the City Council in Workshop session, the appropriate action is to
direct staff to send a letter to the Maricopa Association of Governments (MAG) to
sponsor the small plant.
The recommendation was to authorize the City Manager or his delegate to
sponsor the proposed small sewer treatment plant at the Maricopa Association of
Governments.
3. AWARD OF CONSTRUCTION CONTRACT — 47TH AVENUE RETENTION
BASIN
This was a request to award a construction contract to Combs Construction
Company, Inc. for construction of a retention basin and street improvements on
Missouri Avenue, near 47th and Grand Avenues. This project is in part due to the
ongoing efforts of the Bethany Heights Neighborhood Association partnering with the
City in resolving a long-standing street flooding concern at 47th and Marshall Avenues.
The street improvements consist of curb, gutter, and asphalt concrete pavement.
Landscaping and fencing will be done under a future contract this summer. During the
spring 2000 Neighborhood Partnership Program grants cycle, the Bethany Heights
Neighborhood Association applied for, and received, a $15,760 grant to design a
retention area to mitigate a local drainage issue that has existed for many years. As a
result of this, the neighborhood and the City worked together on a detail design plan
that was completed last year.
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Sixteen bids were received and opened at 10:00 a.m. on February 22, 2002.
Combs Construction Company, Inc., a qualified and licensed contractor, submitted the
lowest bid in the amount of $159,293. Engineering staff reviewed the qualifications of
the low bidder and recommended award of the contract to Combs Construction
Company, Inc., a responsive and responsible bidder.
Funds for the project are available in 2001/02 Local Drainage Problems, Account
Number 65-9127-8300. This project is being coordinated by the City Engineering
Department.
The recommendation was to award the construction contract to Combs
Construction Company, Inc. in the amount of $159,293.
4. RESCIND AWARD OF CONSTRUCTION CONTRACT — HIDDEN MANOR
SEWER MAIN EXTENSION
This was a request for the City Council to rescind award of the construction
contract with Miura Contracting, Inc., for installation of sanitary sewers in Hidden
Manor. The amount of the construction contract is $1,993,131.
On January 23, 2002, six bids were received and opened. The apparent low bid
in the amount of $1,963,524.50 was submitted by Pierson Construction Corporation,
but was later found to be non-responsive and was, therefore, rejected. The apparent
second lowest bid submitted by Miura Contracting, Inc. in the amount of $1,993,131.
was found to be responsive and, on February 12, 2002, the City Council awarded the
construction contract to Miura Contracting, Inc.
On February 23, 2002, the President and major owner of Miura Contracting, Inc.,
Mr. Wayne Moldenhauer, was killed in an accident. Subsequent to this event,
representatives of Miura contacted City staff and indicated that, without Mr.
Moldenhauer, they were not confident that Miura could successfully complete the
Hidden Manor project. As of that time, the City had not yet signed the Hidden Manor
contracts. Based on the loss of Mr. Moldenhauer, City staff determined that it would be
best to release Miura from their obligation to do the Hidden Manor project.
Furthermore, since the next low bid was more than $500,000 higher than the Miura bid,
City staff determined that it would also be best to re-bid the project. The re-bidding
process began and a bid opening was scheduled for March 21, 2002.
The recommendation was to rescind the Hidden Manor Sewer Main Extension
construction contract awarded to Miura Contracting, Inc. in the amount of $1 ,993,131.
5. CONTINUATION OF DIFFERENTIAL PAY FOR MILITARY RESERVISTS
Across the country, many private and public sector employers have elected to
protect military reservists and National Guard members who have been called into
active duty from financial hardship by paying the differential pay between the civilian
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jobs and military posts. Last fall, the City of Glendale voted to provide differential pay to
employees called into active duty until February 15, 2002. At the conclusion of the
original approval period, the City agreed to consider a possible extension of differential
pay. Since the inception of the war in Afghanistan, of the 25 employees eligible to be
called into active duty, Glendale has averaged six employees in active duty status.
Originally, the cost to provide differential pay until February 15, 2002 was estimated to
be approximately $48,000. Due to the low number of employees called into active duty,
slightly less than $10,000 of the $48,000 estimated for differential pay was paid.
The recommendation was to authorize the City Manager to provide differential pay
to reservists called into active military duty until August 15, 2002, at which time the City
Manager may extend differential pay, at his discretion, provided the cost does not
exceed the $48,000 originally estimated.
6. FINAL PLAT APPLICATION FP-01-06: PORRTA ESTATES, 6776 NORTH
79TH AVENUE
This was a request by Core Group Consultants Ltd., for Canusa Homes Inc., for
final plat approval of a subdivision titled Porrta Estates. The site is located
approximately 662 feet south of the southwest corner of 79th and Glendale Avenues.
This subdivision includes 17 single-family lots on 4.9 acres, at a density of 3.5
dwelling units per gross acre. Lot sizes vary from 6,950 square feet to 13,921 square
feet, with an average lot size of 8,215 square feet. The proposed minimum lot width is
60 feet and the proposed minimum lot depth is 100 feet.
The final plat is consistent with the General Plan, the R1-6 (Single Residence)
zoning on the site and the preliminary plat. All stipulations of the preliminary plat have
been satisfied.
The recommendation was to approve Final Plat Application FP-01-06.
CONSENT RESOLUTIONS
7. CANVASS OF VOTES AND RESOLUTION ADOPTING RESULTS OF THE
MARCH 12, 2002 PRIMARY ELECTION
A.R.S. 16-642 states that "the governing body holding an election shall canvass
the election not less than six days nor more than fifteen days following the election".
The City of Glendale Primary Election was held on Tuesday, March 12, 2002 and the
canvass was scheduled to be held at the regular City Council meeting of March 26,
2002.
The recommendation was to waive reading beyond the title and adopt a resolution
accepting the canvass of votes of the Primary Election held in the City of Glendale on
Tuesday, March 12, 2002.
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Resolution No. 3537 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE
PRIMARY ELECTION HELD ON MARCH 12, 2002; AND ORDERING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE RECORDED.
8. LOCAL, REGIONAL AND STATE PARKS HERITAGE FUND APPLICATION
FOR GLENDALE'S BICYCLE ADVENTURE PARK
Under an existing intergovernmental agreement between the City of Glendale
and the Flood Control District of Maricopa County (District), the District acquired
approximately 34 acres of land at the corner of 63rd and Northern Avenues for the
construction of the Northern/Orangewood Drain project. The agreement includes a
provision for the transfer of ownership of this parcel to the City of Glendale for
development as a recreational facility.
In 2001, the Parks and Recreation Department developed a conceptual design
for a bicycle sports adventure park at this location. The design incorporated a variety of
bicycling amenities that would appeal to the full spectrum of riders. The proposed
amenities include a children's pedestrian/bicycle safety city, a motocross (BMX) track
for older youths, a series of playgrounds with picnic ramadas, a splash park, a racing
velodrome, a one mile multi-use trail, restrooms, and parking facilities.
The conceptual design was reviewed by the Parks and Recreation Advisory
Committee in 2001 and recommended to the City Council. The Council reviewed the
adventure park design concept and unanimously approved a 2001 TEA-21 application
for the safety city element. This project appears in the Year 2001 Parks and Recreation
Master Plan and is included in the second five-year segment of the Capital
Improvement Plan.
An application for a grant to acquire and develop 10 acres of the park site for the
children's safety city and the BMX track has been submitted to the Heritage Fund. The
project's total cost is $862,223 and the grant request amount is $317,877 (37%). The
City's contribution would be $544,347, which includes $216,470 in already budgeted
Flood Control Bonds, a $10,000 in-kind match from the American Bicycle Association
for construction of the BMX track, and $317,877 in cash match from a combination of
Park Bonds, Park Impact Fees and the Grants Administration Matching Fund.
The recommendation was to waive reading beyond the title and adopt a resolution
approving the 2002 Local, Regional and State Parks Heritage Fund grant application
described herein; authorizing the required matching funds; and authorizing acceptance
and implementation of the grant in accordance with all applicable federal, state and
local regulations, policies, and Heritage Fund contractual guidelines.
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Resolution No. 3538 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 APPLICATION FOR LOCAL, REGIONAL
AND STATE PARKS FUNDS FOR PEDESTRIAN/BICYCLE PARK COMPLEX
ACQUISITION AND DEVELOPMENT.
9. RECREATIONAL TRAILS PROGRAM GRANT APPLICATION
In January of 2002, the City of Glendale was awarded a trails maintenance
service grant in the amount of $81,997. This is a new Intermodal Surface
Transportation Efficiency Act for the 21st Century (TEA-21) grant program, implemented
by Arizona State Parks. This grant program supports trail managers throughout the
state in their efforts to provide safe, well-maintained, and enjoyable trails for all trail
users. Arizona State Parks contracted with Recreation Solutions, a United States
Forest Service enterprise team, to provide the trail maintenance work.
Staff submitted a project for the installation of wrought iron fencing, which will
replace the current strand wire fence along Parkside Lane at the northwest boundary of
Thunderbird Park. The fencing is necessary to protect the conservation park from
motorized intrusion. The estimated project cost is a $101,550. The City's 20% match is
$19,553. Funding is available in Zone 3 Park Development Impact Fees Account
Number 14-9007-8330.
The recommendation was to waive reading beyond the title and adopt a
resolution accepting the Arizona State Parks Recreational Trails grant funding for trail
maintenance.
Resolution No. 3539 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION OF A GRANT
APPLICATION, ALONG WITH MATCHING FUNDS, TO THE ARIZONA STATE
PARKS BOARD FOR FISCAL YEAR 2002 RECREATIONAL TRAILS PROGRAM
ASSISTANCE; AND AUTHORIZING THE ACCEPTANCE OF SAID GRANT IF
AWARDED.
10. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COMMUNITY
COLLEGE DISTRICT: FOR SWIMMING POOL MAINTENANCE AND
OPERATION
This was a request to adopt a resolution updating the intergovernmental
agreement with the Maricopa Community College District on behalf of Glendale
Community College, continuing the cooperative operation and use of the swimming
pool located at Glendale Community College.
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The original agreement was entered into on March 13, 1967 and granted the City
an easement to construct and operate the pool and for access to the campus. In
addition to the rights and responsibilities for the respective use of the swimming pool, it
established a joint sinking fund for the repairs, preventative maintenance, and any
mandated modifications of the facilities.
At the request of the Maricopa Community College District, the language of the
original agreement has been updated to include new statutory language and
requirements, adds language on the cities authority to enter into agreements, and adds
new language on mutual indemnification not included in the 1967 agreement.
The recommendation was to waive reading beyond the title and authorize the City
Manager to execute the intergovernmental agreement with Maricopa Community
College District.
Resolution No. 3540 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 COMMUNITY
COLLEGE DISTRICT ON BEHALF OF GLENDALE COMMUNITY COLLEGE (GCC)
CONTINUING THE COOPERATIVE OPERATION AND USE OF THE SWIMMING
POOL LOCATED AT GLENDALE COMMUNITY COLLEGE.
11. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND
CONSTRUCTION OF THE CITY OF GLENDALE TRAFFIC MANAGEMENT
CENTER
This was a request for approval of an intergovernmental agreement with the
Arizona Department of Transportation (ADOT) to design and construct a Traffic
Management Center (TMC) for the City of Glendale. The TMC will be located on the
second floor of Fire Station Number 157, which is located on the southwest corner of
59th Avenue and Mountain View Road.
The City Emergency Operations Center (EOC) is currently housed at this second
floor location. The EOC will be renovated to include the addition of the Traffic
Management Center, which will then become a joint use facility with the EOC.
The Traffic Management Center will feature the City's first computerized traffic
signal system. Traffic computers and a video display wall will allow traffic signals to be
monitored and controlled from the TMC. Communications between the TMC and traffic
signals will utilize the City's system of fiber optic cable installed on various arterial
streets. The Traffic Management Center will help to better manage traffic flow and it
will be an extremely valuable tool for the Police Department to help manage event
traffic such as Glendale Glitter and Glow, the Fourth of July Celebration, and the
Coyote hockey games.
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The estimated cost for design and construction of the Center is $1,291,321.
Federal funding (CMAQ) is available in the amount of $911 ,881. The City's portion of
the cost is $379,440, with funds available in Signal Computerization Account Number
61-9546-8330.
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. 3541 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 FOR A TRAFFIC CONTROL MANAGEMENT CENTER.
12. ARENA DEVELOPMENT PROJECT
On November 29, 2001 , the City entered into the Arena Development Agreement
with the Ellman Company and their affiliates, Coyote Center Development, LLC and
Arena Development, LLC, herein known as "The Companies". This agreement
contemplated the initial land purchase by The Companies with the City of Glendale
reimbursing them for the land, parking land, infrastructure land, and other public
improvement land. The Companies acquired the land on March 8, 2002 and have
requested reimbursement on the 80.64 acres needed for the arena and other
improvements. This equates to $6,842,689, which is the actual cost paid by The
Companies.
Also, as a part of the Arena Development Agreement, The Companies are
required to deposit money into an escrow account. Under the Federal Treasury
Regulations, developer deposits must be allocated to equity when a public project is
carried out. Without this allocation a larger portion of the bonds would have to be sold
as taxable rather than tax-exempt, which would increase the borrowing cost for the City
of Glendale. Since the City will own the arena, any monies received that exceed the
City's commitment must be counted as an equity contribution to the project. This is
based on regulations governing the sale of tax exempt bonds. The City must express
its official intent to allocate those developer deposits to the equity of the Arena.
Therefore, it is necessary for the Council to declare its intent that developer
deposits for the Arena Development Agreement in excess of the City's commitment be
allocated to equity for the Arena Development project; the amount of $20,000,000 has
been set forth in the resolution as a conservative number in the event of additional
costs. The Council may, at its discretion, elect to revise the estimate of these costs
from time to time.
The recommendation was to waive reading beyond the title and to adopt a
resolution allocating the payments by The Companies to the Arena Development
Project.
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Resolution No. 3542 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ALLOCATING PAYMENTS BY THE ELLMAN COMPANY
AND/OR ITS AFFILIATES OR RELATED ORGANIZATIONS TO EQUITY, IN EACH
CASE RELATED TO THE DEVELOPMENT AUTHORIZED PURSUANT TO
GLENDALE CITY COUNCIL RESOLUTION NO. 3250, NEW SERIES, DATED
NOVEMBER 27, 2001.
Mr. John Edmunson, a resident of the City of Glendale Cactus District,
spoke on behalf of the Bethany Heights Neighborhood Association. He commented on
the new retention basin. He thanked the Mayor and Council, as well as the
Neighborhood Partnership Office, for their help. He also thanked the residents in the
neighborhood for their patience.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said,
although he was happy to see the park going in on 63rd Avenue, he was concerned that
a majority of the population lives on the other side of Northern Avenue. He explained
that a number of children will be crossing and riding their bikes across Northern
Avenue. With regard to differential pay for military reservists, Mr. Clark said it was great
that the City of Glendale had agreed to pay the difference. He voiced his support for
the rod iron fence at Thunderbird Park.
It was moved by Lieberman, and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 12, including the
approval and adoption of Resolution No. 3537 New Series, Resolution No. 3538
New Series, Resolution No. 3539 New Series, Resolution No. 3540 New Series,
Resolution No. 3541 New Series, and Resolution No. 3542 New Series.
Councilmember Clark commented on Agenda Item No. 8. She pointed out that
the City had applied for, but not as yet received, the Heritage Fund Grant. She said, in
light of the State's current budget situation, the City may not receive the grant.
Upon a call for the question, the motion carried unanimously.
PUBLIC HEARING - LAND DEVELOPMENT ACTIONS
13. REZONING APPLICATION Z-01-24_6808 NORTH 63RD AVENUE
Ms. Susan Hacker, Planner, presented this request by Los Vecinos Housing
Development, Inc. to rezone a 32,600 square feet property from R-3 (Multiple
Residence) to R1-6 (Single Residence). The property is located at the northwest corner
of 63rd Avenue and Lamar Road.
The R1-6 zoning district is consistent with the character of the General Plan
designation of 3.5 — 5 residential dwelling units per acre and the application meets all
four of the required findings for R1-6 approval:
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• The property is located in a designated redevelopment area;
• The property is small and located within a developed area; adjacent
development and existing streets preclude expansion of the development;
• The property is located in an established infill incentive area; and
• The proposed rezoning decreases the residential dwelling units allowed on
the property from 12 to 5.
The applicant held a neighborhood meeting on December 12, 2001. Eight
neighbors attended and all were in general support of this request.
On January 17, 2002, the Planning Commission recommended approval of
Rezoning Application Z-01-24 subject to one stipulation. No one other than the
applicant spoke at the public hearing.
The recommendation was to conduct a public hearing and approve Rezoning
Application Z-01-24, subject to the stipulation recommended by the Planning
Commission.
Councilmember Clark asked if there would be fewer than five units since the
property is less than one acre. Ms. Hacker said the 3.5 to 5 designation already existed
in the area and the zoning would be in character with that designation. She stated that
the preliminary plat, approved subject to approval of the rezoning, includes four parcels.
Mr. Mike Fitz, President of Los Vecinos Housing Development, .Inc. the
applicant's representative, stated that he agreed with staff's report. He offered to
answer questions.
Councilmember Goulet asked if the project would begin with all four homes
starting simultaneously. Mr. Fitz responded in the affirmative. Councilmember Goulet
asked how long it would be before construction began. Mr. Fitz said he estimated they
would begin construction some time during late summer.
Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Clark, to approve Rezoning
Application Z-01-24, subject to the one stipulation recommended by the Planning
Commission.
Councilmember Goulet thanked the Miller family for bringing the application
forward. He said it was in line with what they were trying to do to re-establish older
parts of the district.
12
Upon a call for the question, the motion carried unanimously.
14. REZONING APPLICATION Z-02-02: 8801 WEST NORTHERN AVENUE
Ms. Tracy Stevens, Senior Planner, presented this Planning Commission
Initiative to rezone approximately 60.6 acres from Maricopa County Rural-43 (Rural
zoning district) to A-1 (Agricultural) located at the southeast corner of 89th and Northern
Avenues. In January of 2002, the City Council annexed the subject property into the
City's corporate limits. State Statutes and the Glendale Zoning Ordinance require the
City to establish zoning on newly annexed lands within six months of annexation. The
initial City zoning is to be similar to the use or densities permitted by the County zoning
prior to annexation.
The current zoning of the property is Maricopa County Rural 43. The zoning
allows agriculture and one dwelling unit per acre. The most comparable City zoning
district is the A-1 (Agricultural) district that allows agriculture and one dwelling unit per
40 acres.
The proposed A-1 (Agricultural) zoning district often serves as the interim zoning
district prior to development requests that are based on the General Plan. The A-1
district is consistent with the existing agricultural land use and satisfies the
requirements of the Zoning Ordinance and Arizona Revised Statutes.
The recommendation was to conduct a public hearing and approve Rezoning
Application Z-02-02.
Mayor Scruggs opened the public hearing on Agenda Item No. 14. 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-02-02.
Councilmember Clark said this was the final piece of the puzzle for Mr. David
Maguire of Land Solutions, Inc. and Coe and Van Loo Consultants, Inc. who are master
planning the 294.1 acres for single-family residential.
Upon a call for the question, the motion carried unanimously.
NEW BUSINESS
15. ELLMAN/COYOTES PROJECT CONTINGENCY TRANSFER
Mr. Art Lynch, Finance Director, presented this item. City staff continues to
proceed in the planning stages of the two Ellman sites - the Coyotes arena project and
the redevelopment of Manistee Town Center. The City has utilized the expertise of a
variety of consultants to provide advice and direction in the negotiation, design, and
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development of these projects. The use of consultants has been implemented to
protect the interests of the City and ensure that we obtain the best quality development.
A contingency fund appropriation will be used to finance a portion of project
costs, including necessary consulting expenses. A bond issue to repay the funds is
tentatively scheduled for late spring 2002. Bonds will be repaid through parking fees
and concession proceeds at the new arena. Total estimated expenses for these two
projects through Fiscal Year 2001-02 include:
Financial Consulting Teams $ 700,000
Legal Teams $ 712,000
Planning and Construction $1,093,490
Legislative Strategies $ 12,000
Economic Development Expenses $ 50,000
TOTAL $2,567,490
The recommendation was to authorize the transfer of $2,567,490 from the
Contingency Fund (Account Number 01-2450-7000) to the Arena Project Fund
(Account Number 91-9699-7330).
Councilmember Clark asked at what figure are the arena costs capped. Mr.
Lynch said costs for the arena project are capped at $180 million, with $150 million
designated for the arena and the remaining $30 million for other construction aspects.
He confirmed for Councilmember Clark that the majority of the costs identified in this
item are part of the $180 million. He noted, however, that the normal cost of selling
bonds is not included.
Councilmember Lieberman asked if the money would be paid back from bonding
into the Contingency Fund. Mr. Lynch responded in the affirmative. He stated that a
majority of the costs would come out of the $150 million, although some of the costs
could be attributed to the General Obligation costs incurred for design.
Mayor Scruggs opened the meeting up for public comment on Item 15. As
there were no comments., she closed the public hearing.
It was moved by Eggleston, and seconded by Goulet, to authorize the
transfer of $2,567,490 from the Contingency Fund (Account Number 01-2450-
7000) to the Arena Project Fund (Account Number 91-9699-7330). The motion
carried unanimously.
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BIDS AND CONTRACTS
16. AWARD OF CONTRACT 01-40: MULTIPURPOSE ARENA CONSTRUCTION
OVERSIGHT CONSULTANT
Ms. James Mason, Redevelopment Manager, presented this request for the City
Council to award the multipurpose arena construction oversight services contract to
International Facilities Group Inc. (IFG) in an amount not to exceed $2,702,639. In an
effort to find the most qualified firm to provide the construction oversight services, staff
solicited proposals from consultants and interviewed the interested firms. The request
for proposal, interview, and evaluation process followed the City's established materials
management procedures.
Staff received six submittals from the Request for Proposals (RFP). Following a
comprehensive review of the responses, it was determined that International Facilities
Group, Inc. provided the most complete response to the requirements outlined in the
RFP. In addition IFG has extensive experience in the area of sports facility development
and has provided oversight consultation services to public owners of arenas and
stadiums.
It was the recommendation of staff that International Facilities Group, Inc. (IFG)
be the lead firm for the project and represent the City's interests by providing oversight
of the design, development, and construction of the multipurpose arena, located at the
southwest corner of Glendale Avenue and the Loop 101 .
The contractual services will be provided through the 2003 fiscal year, or upon
completion of the arena construction. The $2,702.639 for this contract is budgeted as
part of the arena project budget, Account Number 91-9699-7330.
The recommendation was to approve the contract with International Facilities
Group, Inc. in an amount not to exceed $2,702,639, for oversight consultation of the
design and construction of the City's multipurpose arena.
Councilmember Clark pointed out that reimbursables are listed separately and
total 5% of the total cost of the contract. She expressed concern that the City is
reimbursing IFG for costs typically considered the normal cost of doing business.
Mr. Patrick McGarry, Managing Director of Shamrock Sports Facility Groun
L.L.P., explained that such reimbursements are customary and it is recommended in
the bid process that those costs be articulated. He stated that travel costs and printing
expenses are the primary reimbursables.
Councilmember Clark asked why IFG is receiving half of the award amount when
the scope of services and responsibilities matrix indicates it is responsible for providing
only six of the 15 core responsibilities. She also asked what IFG's primary function is
with regard to the project. Mr. McGarry explained that he is supported by a team,
15
including Mr. David Perez, Chief Financial Officer and Director of Shamrock Sports
Facility Group., L.L.P., and Mr. Steve Robertson, Project Manager of Hines Interests
Limited Partnership. He stated that IFG has been essential in establishing a contract
and negotiating change orders, if and when they occur. He noted that Mr. Kevin Green,
Project Manager of IFG, will be primarily responsible for the $30 million in public
improvements. He stated that Mr. John Zering, Vice President of IFG, and Mr. Terry
Savarese, Managing Director of IFG, have been helpful in reviewing the plans and
ensuring the building serves a multi-purpose function.
Councilmember Clark stated that it appears infrastructure is IFG's primary
responsibility. She expressed her opinion that the costs seem high for the services IFG
will render. She recognized the work IFG has done to date. She stated, however, that
she was concerned about the amount of money the City is paying IFG for the scope of
their work.
Councilmember Frate stated that, on this type of project, it behooves the City to
hire the best. He praised Mr. McGarry for his expertise. He said the City is beginning
to see the fruition of Mr. McGarry's work. He said he felt very comfortable with what
has transpired.
Mr. Mason confirmed for Councilmember Martinez that there were six
respondents to the bids. He said the team that reviewed the bids was made up of
Engineering and Economic Development staff members. Councilmember Martinez
asked if all of the respondents came back with reimbursables. Mr. Mason explained
that reimbursables were a requirement of the RFP.
Mayor Scruggs stated that it is not unusual for professional services contracts to
include reimbursables. She noted seeing similar charges on a number of MAG
(Maricopa Association of Governments) contracts. Mr. McGarry clarified that their
reimbursables are not intended to cover faxes, cell phones, and other reasonable and
customary business expenses. He said the reimbursables are for non-recurring costs.
Councilmember Lieberman asked Mr. Mason why a list of the six bid submittals
was not included in the Council's package. He questioned how the Council could do a
side by side comparison of the bid submittals, including reimbursables, without that
information. He referenced Mr. McGarry's "Exhibit C - Fee Schedule" and asked who
was responsible for paying Shamrock Sports Facility Group, L.L.P. (Shamrock) and
Hines Interests Limited Partnership ((Hines) Mr. McGarry explained that IFG is the
City's contracting agent, and, as such, IFG would reimburse his company, as well as
Hines. Councilmember Lieberman asked if the $1 .4 million for the Hines and Shamrock
subcontracts was included in the $2.7 million proposal. Mr. McGarry responded that it
was included.
Mr. McGarry confirmed for Councilmember Clark that the reimbursables are
capped at 5% of the total contract. Mr. Flaaen clarified that the reimbursables are not
capped. He stated, however, that they would have to come back to the City to request
16
additional funds. Mr. McGeary said they had no intention of exceeding the cap.
Councilmember Clark expressed concern that unnecessary expenditures could be
made if the amount is not capped. She explained that including reimbursables in the
total contract amount helps ensure that contractors set self-imposed spending limits.
Mr. McGarry stressed the fact that their first priority is to represent the City. He noted
that, in the past, firms that exceeded their reimbursables had absorbed the cost. Mr.
Beasley pointed out that if the City does not expend proper funding now, it will spend
much more in the future. He stressed the need to do everything right the first time. He
assured the Council that they will do everything possible to track the costs.
Mr. Flaaen addressed Councilmember Lieberman's issue about the number of
professional services bids presented to the Council. He explained that consultants
submit their proposals and the City goes through the process of selecting the best
qualified bidder. He said they then negotiated what they determined to be a fair price
and present that to the Council. Councilmember Lieberman asked if the City has a
policy that requires it to go with the lowest bid. Mr. Flaaen explained that when dealing
with professional services, specifically construction related services, they are not
entitled to obtain a proposal on the price until the best technical proposal has been
identified. Councilmember Lieberman asked who was involved in the negotiations. Mr.
Flaaen said individuals from the Economic Development and Engineering Departments
were involved in the negotiations and the City Attorney's Office reviewed the contract.
Councilmember Lieberman said he was glad the City did not go with the lowest bid. He
explained that he appreciates the value of expertise.
Councilmember Clark clarified that her questions were not intended to nickel and
dime the project, but rather to alleviate her concerns about the amount IFG is being
awarded for their scope of work as compared to the amount being awarded to Hines
and Shamrock. She stressed her commitment to having a first-class project.
It was moved by Martinez, and seconded by Frate, to approve the contract
with International Facilities Group, Inc., in an amount not to exceed $2,702,639,
for oversight consultation of the design and construction of the City's
multipurpose arena. The motion carried, with Councilmember Clark voting
"nay".
17. AWARD OF CONSTRUCTION CONTRACT— GLENDALE ADULT CENTER
Mr. Warren Smith, Director of Parks and Recreation, presented this request for
City Council award of a construction contract to D.L. Withers Construction, LLC, for the
construction of the Glendale Adult Center on 5.1 acres located at the northwest corner
of 59th Avenue and Brown Street. This project will provide 30,000 square feet of user
space on the first floor and a 17,000 square foot shell on a second floor, to be finished
at a later date. In addition to the structure, the project includes landscaping and parking
for 259 automobiles.
17
The facility addresses current needs identified by the public and patrons of the
Adult Center and addresses future needs with the provision of the 17,000 square feet
second floor shell. The consultant worked very closely with the Adult Center users to
ensure that needs are met with regard to space and location of program areas. This
facility will provide opportunities for recreation programs and socialization to enhance
quality of life to the City's residents.
To ensure that construction costs would not exceed the budget for this project,
three add alternates were included. Add Alternate No. 1 identifies the grading and
drainage, public water, and private sewer lines, off-site improvements and demolition of
existing parking. The First Southern Baptist Church is to reimburse the City, in the
amount of $243,179, for their portion of the improvements identified in this add
alternate. Add Alternate No. 2 is the inclusion of the second elevator for the Adult
Center, and Add Alternate No. 3 is for curved stucco façade walls.
Ten bids were received and opened on February 28, 2002. D.L. Withers
Construction, LLC submitted the low bid, including Add Alternate No. 1 ($256,000) and
Add Alternate No. 2 ($41,000), for a total award amount of $5,066,000. Engineering
Department staff reviewed the bids and recommended award of the bid to D.L. Withers
Construction, LLC, a responsive and responsible bidder. Funds are available for this
project in Adult Center Relocation Account Number 36-8057-8300.
The recommendation was to award the construction contract to D.L. Withers
Construction, LLC in the amount of $5,066,000.
In response to Councilmember Clark's question, Mr. Smith stated that the
groundbreaking ceremony was scheduled for 10:00 am on Thursday, April 25, 2002.
It was moved by Lieberman, and seconded by Clark, to award the
construction contract to D.L. Withers Construction, LLC, in the amount of
$5,066,000.
Councilmember Lieberman said he was delighted about the project and very
grateful for everyone's efforts.
Mayor Scruggs stated that this project was exciting for everyone.
Upon a call for the question, the motion carried unanimously.
18. AWARD OF CONSTRUCTION CONTRACT — LOOP 101 NOISE _WALL
PHASE 2
This was a request to award a construction contract to CJS Enterprises, L.L.C. in
the amount of $1,999,997 for construction of the noise wall adjacent to the Loop 101
between Union Hills Drive and 75th Avenue.
18
The improvements consist of a 14-foot to 20-foot high, sound barrier wall to
either replace the existing wall or the wall adjacent to the existing property line. The
construction is intended to mitigate the high noise levels experienced by the residents in
the vicinity of the freeway. The computer modeling used to predict the effect of adding
noise barriers along this segment of freeway estimates a reduction of noise levels by
three to five decibels, using the year 2020 traffic volumes and truck percentages.
Construction of the noise wall on Loop 101 has been programmed for construction in
four phases. The first phase, between 51st and 58th Avenues, was constructed under
contract with the Arizona Department of Transportation last year. Phase III, between
75th and 67th Avenues, is scheduled for construction in Fiscal Year 2002/03, and Phase
IV, between 67t" and 59th Avenues, is scheduled for construction in Fiscal Year
2003/04.
Four bids were received and opened at 9:00 a.m. on February 21 , 2002. CJS
Enterprises, L.L.C., a qualified and licensed contractor, submitted the lowest bid in the
amount of $1 ,999,997. Engineering staff reviewed the qualifications of the low bidder
and recommended award of the contract to CJS Enterprises, L.L.C., a responsive and
responsible bidder.
The following funds for the construction of this project are available in Sound
Walls Account Number 01-9613-8300 ($1,400,000) and ($46,172) in Freeway
Landscape/Enhancement Account Number 61-8807-8300 and Sound Walls Account
Number 61-9627-8300. To simplify future payments, $553,825 should be transferred
from Account Number 61-8807-8300 into Account Number 61-9627-8300.
The recommendation was to approve the transfer of funds and award the
construction contract to CJS Enterprises, L.L.C. in the amount of $1,999,997.
21. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT -
CONSTRUCTION MANAGEMENT SERVICES FOR PHASE 2 NOISE WALL
CONSTRUCTION
This was a request for City Council approval of Amendment No. 1 , in the amount
of $198,440, to the professional services agreement with Parsons Transportation
Group, for construction management services for the Phase 2 Noise Wall project.
On November 14, 2000, the City of Glendale entered into a professional services
agreement with Parsons Transportation Group, in the amount of $122,733, for the
preparation of the contract documents for the construction of sound walls adjacent to
the Loop 101 freeway, between 75th Avenue and Union Hills Drive. City staff has
negotiated a scope of services and a fee schedule with Parsons Transportation Group,
which will be on a time and materials basis, for a total cost not to exceed $198,440.
Services will include special inspections as required by the Building Safety department,
full-time inspection during construction, and administration of the construction contract.
The amendment will bring the total contract to $321 ,173.
19
Funds for the work to be performed under Amendment No. 1 are available in
Sound Walls Account Number 01-9613-8300. Additional funds are available in Sound
Walls Account Number 61-9627-8300.
The recommendation was to approve Amendment No. 1 to the professional
services agreement with Parsons Transportation Group in the amount of $198,440.
Mr. Larry Broyles, City Engineer, explained they that were currently conducting
studies to determine whether existing traffic conditions are different than those
anticipated during the noise impact study completed in 1999. He said the consultant is
currently taking sound readings and traffic counts and will compare them to the report
to determine if the recommendations are still valid. He asked the Council to table
Agenda Item Nos. 18 and 21 to the April 23, 2002 Council meeting to allow additional
time to evaluate the findings.
Mayor Scruggs asked if the current noise study was being done just for Phase II or
for Phase I of Arrowhead Ranch as well. Mr. Broyles explained that the noise study
includes Phase I and Phase II. He said they could award the project on April 23 if the
study finds that the conditions match the previous report. He noted, however, that they
would have to go through a re-bid and redesign process if the conditions do not match.
Mayor Scruggs asked for which years the sound walls for Phase III were scheduled.
Mr. Broyles stated that Phase III of the noise wall construction was programmed to
begin towards the end of Fiscal Year 2003. Mayor Scruggs asked for assurances that
the noise readings for Phase III would not be rushed in order to move the Phase II
contract forward. She stressed the need to look at different times of day, as well as
different areas. Mr. Broyles stated that the noise studies currently being done do not
include Phase III areas.
Councilmember Martinez said, while he was disappointed the project was being
delayed, he understood the reason for the delay. He stated that the City wants to be
sure that the project, when completed, is economical and provides the best possible
mitigation.. He stated that he would send a letter to residents who were previously
notified of the two meetings. The letter would explain what is happening. He said they
would also hold a neighborhood meeting to discuss the status of the project.
Councilmember Goulet asked if the responsive bidder had any response to the
request to table. Mr. Broyles stated that the low bidder was contacted for an extension
of his bid to the April 23rd meeting. He noted that the bid is currently valid until April 9th.
He stated that the bidder said there could be a slight cost increase due to delivery
times, but did not indicate it would be a substantial increase.
It was moved by Clark, and seconded by Lieberman, to table Agenda Item
Nos. 18 (Award of Construction Contract - Loop 101 Noise Wall, Phase 2) and 21
(Amendment No. 1 to Professional Services Agreement - Construction
Management Services for Phase 2 Noise Wall Construction) to the April 23, 2002
Council meeting. The motion carried unanimously.
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Vice Mayor Eggleston emphasized the importance of the noise wall project to
neighborhoods adjacent to the freeway.
19 AWARD OF CONSTRUCTION CONTRACT — 115TH AVENUE WATERLINE,
GLENDALE TO NORTHERN AVENUES
Mr. Craig Johnson, Project Manager, presented this request for the City Council
award of a construction contract to Achen-Gardner Engineering, LLC, in the amount of
$642,722.60, for construction of the 115th Avenue waterline, Glendale to Northern
Avenues.
The project covers four separate locations. The first location is on the south and
west sides of the City of Glendale landfill, completing the loop in the City's water system
from Northern to Glendale Avenues along the 115th Avenue alignment. Connecting
these two dead end waterlines will provide additional fire protection and improved water
quality to the recycling facility and the administration buildings at the landfill. The
second location is immediately east of the landfill in the Country Meadows subdivision.
This project will also complete the looping of two current dead end lines in Frier Drive
and Hayward Avenue at 109th Avenue. The third location extends the 18" waterline in
Glendale Avenue, west through the 99th Avenue intersection to increase the volume of
water available west of Loop 101. The fourth location replaces an old 4" waterline in
Palmaire Avenue, 59th to 61St Avenues, and in 59th Drive, Palmaire to Myrtle Avenues.
Eight bids were opened and read on February 14, 2002, with Achen-Gardner
Engineering, LLC, submitting the low bid. The City's Engineering Department reviewed
the bids and recommended award of the construction contract, in the amount of
$642,722.60, to Achen-Gardner Engineering, LLC, a responsive and responsible
bidder.
Funds are available in two accounts: $92,775 in Materials Recovery
Facility/Equipment Account Number 55-9602-8300 and $549,947.60 in the 115th and
Glendale Waterlines Account Number 50-8015-8300. However, a transfer of funds
from the following accounts needs to be made to the Glendale Waterlines account:
$118,610 from Waterline Replacement Account Number 50-9249-8300 and $142,340
from Water Zone Improvements Account Number 50-9232-8300.
The recommendation was to approve the transfer of funds and award the
construction contract to Achen-Gardner Engineering, LLC in the amount of
$642,722.60.
It was moved by Lieberman, and seconded by Frate, to approve the transfer
of funds and award the construction contract to Achen-Gardner Engineering,
LLC, in the amount of $642,722.60. The motion carried unanimously.
21
20. AWARD OF CONSTRUCTION CONTRACT — 67TH AVENUE — ARIZONA
CANAL TO BELL ROAD
Mr. Larry Broyles, City Engineer, presented this request to award a construction
contract to Haydon Building Corporation, in the amount of $1,833,583.90, for
construction of the street improvements in 67th Avenue, between the Arizona Canal and
Bell Road.
The street improvements consist of curb, gutter, sidewalk, street lighting, and
landscaping improvements along 67th Avenue, similar to improvements recently
completed between Bell Road and Union Hills Drive. The improvements also include
the construction of a raised median at Greenway Road and Paradise Lane, a distance
of 500 feet north and south. A frontage road is also being constructed to provide safe
access for the residents that directly face or front 67th Avenue. The base bid includes
the work between the Arizona Canal Diversion Channel (AC DC) and Bell Road. An add
alternate for curb, gutter, and sidewalk between the ACDC bridge and the Arizona
Canal bridge is also being offered to complete the improvements on the west side of
67th Avenue between the two bridges.
Nine bids were received and opened at 10:00 a.m. on February 21, 2002.
Haydon Building Corporation, a qualified and licensed contractor, submitted the lowest
bid in the amount of $1,833,583.90 for the combined base bid and add alternate.
Engineering staff reviewed the qualifications of the low bidder and recommended award
of the bid to Haydon Building Corporation, a responsive and responsible bidder.
Funds are available in the Fiscal Year 2001/2002 and Fiscal Year 2002/2003
budgets in 67th Avenue, ACDC to Bell Road Account Number 61-9564-8300.
The recommendation was to award the construction contract to Haydon Building
Corporation in the amount of $1 ,833,583.90.
Councilmember Clark asked if the parcel to the west of the proposed project was
vacant land. Mr. Broyles said it belongs to the City of Glendale. Councilmember Clark
asked if the land just north of Greenway Road was also vacant. Mr. Broyles replied that
it was vacant. Councilmember Clark asked if the City would be able to recoup any of its
costs when the land was developed. Mr. Broyles explained that the City would install
the curb and gutter and the developer would be required to do the landscaping.
Mr. Broyles confirmed for Councilmember Martinez that the same type of
improvements would occur in the areas north of Paradise Lane.
Councilmember Frate asked how long it would take to complete this project. Mr.
Broyles said the contractor has 180 calendar days (6 months) to complete the project.
Councilmember Frate said residents are concerned about cut through traffic going
through their neighborhood south of Greenway Road. Mr. Broyles said he was aware
22
of the neighbors' concerns and would address the issue when the contractor's traffic
control plans are developed.
It was moved by Martinez, and seconded by Clark, to award the construction
contract to Haydon Building Corporation in the amount of $1,833,583.90.
Councilmember Martinez thanked Mr. Broyles and his staff for their efforts, as well
as the neighborhood for their patience.
Upon a call for the question, the motion carried unanimously.
22. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT —
GLENDALE ADULT CENTER
Mr. Larry Broyles, City Engineer, presented this request for City Council approval
of Amendment No. 1, in the amount of $245,973, to the professional services
agreement with Hunt-Caraway Architects for architectural services for the Glendale
Adult Center.
The original professional services agreement, approved by the Council on May 30,
2001 , was in the amount of $242,500 and addressed a facility of approximately 20,000
square feet. The development phase of the project gathered input at public meetings
held in September of 2000 and March of 2001 and the Council Workshop of July 18,
2001. Following Council directive, the scope was expanded to a facility of
approximately 47,000 square feet. The provision of 17,000 square feet of second floor
space is included within the scope of the amendment. Initial construction will provide
the shell for this space with interior improvements to occur at a later date. It is more
cost effective to address the structural issues of expansion now rather than waiting until
user demand occurs in the future.
At a meeting held on February 5, 2001 with representatives of the First Southern
Baptist Church, the City agreed to provide basic civil engineering services for the
church site. The fee for these services is included in this amendment. The Church will
be reimbursing the City, in the amount of $29,153, for their share of these engineering
services.
The cost of Amendment No. 1 is $245,973, increasing the total amount of the
agreement to $488,473. Funds for this request are available in Adult Center Relocation
Account Number 36-8057-8300. Engineering and Parks and Recreation staff reviewed
these costs and found them to be fair and reasonable.
The recommendation was to approve Amendment No. 1 to the professional
services agreement with Hunt-Caraway Architects in the amount of $245,973.
23
Councilmember Lieberman asked why Item Nos. 22 and 23 use the term
"amendment" rather than "change order". Mr. Broyles explained that "change order" is
used with regard to construction contracts, while "amendment" is used in professional
services agreements.
It was moved by Eggleston, and seconded by Goulet, to approve Amendment
No. 1 to the professional services agreement with Hunt-Caraway Architects, in
the amount of $245,973.
Mayor Scruggs noted that Mr. Leonard Clark had submitted a public hearing
speaker's card. She asked Mr. Clark if he would like to speak on this item. Mr. Clark
responded that he did not.
Upon a call for the question, the motion carried unanimously.
23. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT -
CONSTRUCTION MANAGEMENT SERVICES FOR STREET IMPROVEMENTS
ON 671H AVENUE FROM THE ARIZONA CANAL TO BELL ROAD
Mr. Larry Broyles, City Engineer, presented this request for City Council approval
of Amendment No. 1 in the amount of $158,513 to the professional services agreement
with Stanley Consultants, Inc., for construction management services for the 67th
Avenue street improvements, between the Arizona Canal Diversion Channel and Bell
Road.
On December 12, 2000, the City Council approved a professional services
agreement with Stanley Consultants, Inc., in the amount of $291 ,000, for preparation of
contract documents for this project, with construction phase services to be negotiated
upon completion of design services. City staff negotiated a scope of services and fee
schedule for the construction management services, which will be on a time and
material basis for a total cost not to exceed $158,513. Services include full-time
inspection, materials testing, and pay estimates. The amendment will bring the total
contract amount to $449,513.
Funds for these services are available in Fiscal Years 2001/02 and 2002/03,
Capital Improvement budget, 67th Avenue, ACDC to Bell Road Account Number 61-
9564-8330.
The recommendation was to approve Amendment No. 1 to the professional
services agreement with Stanley Consultants, Inc. in the amount of $158,513..
Vice Mayor Eggleston commented on the project's importance.
Councilmember Clark asked if in-house staff could typically handle the
construction management services associated with most contracts. Mr. Broyles stated
that they could. Councilmember Clark stated that staff's time will be consumed with the
24
Coyotes project and, therefore, it is necessary to hire a consultant to complete this
project. Mr. Broyles agreed with Councilmember Clark. He pointed out that a street
construction project is labor intensive and requires that more inspection personnel be
on site at one time. Councilmember Clark asked if the consultant tests the asphalt. Mr.
Broyles said the asphalt mix design is reviewed by City Engineering staff and the
Materials Testing Department at the beginning of the process. He said samples are
then taken from the site to ensure it meets the project specifications. He stated that the
asphalt is also subjected to compression tests to ensure that it meets the required
densities.
It was moved by Martinez, and seconded by Lieberman, to approve
Amendment No. 1 to the professional services agreement with Stanley
Consultants, Inc. in the amount of $158,513. The motion carried unanimously.
PUBLIC HEARING - ORDINANCE
24. ZONING ORDINANCE TEXT AMENDMENT Z-01-21 WIRELESS
COMMUNICATIONS
Mr. Ray Jacobs, Zoning Administrator, presented this request by Sean Smith of
Technical Solutions for American Tower Corporation to amend the Zoning Ordinance to
add a Conditional Use Permit provision to allow previously approved wireless
communication monopoles to be modified to accommodate new wireless
communication antennas and support equipment. The existing Conditional Use Permit
review process for monopoles would be used to evaluate the proposed amendment.
Prior to May of 1998 all wireless communication monopoles were approved
through the SUD (Special Use District). New monopoles are not permitted in this
district but are now permitted in industrial and commercial zoning districts. The
amendment relates only to existing monopoles previously approved on private property.
It does not include any wireless facilities on public lands such as city parks. The
existing monopoles represent existing verticality for additional wireless providers or
increased wireless coverage by existing providers. This approach is consistent with the
use of existing structures to serve wireless providers rather than creating new
monopoles or similar structures for the same purpose.
On February 21, 2002, the Planning Commission recommended approval of
Zoning Ordinance Text Amendment Z-01-21. No one spoke at the Planning
Commission public hearing.
The recommendation was to conduct a public hearing, waive reading beyond the
title, and adopt Zoning Ordinance Text Amendment Z-01-21 Wireless Communications.
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Mr. Jacobs confirmed for Councilmember Clark that the amendment relates only
to existing monopoles previously approved on private property. Councilmember Clark
asked if the amendment encompasses support equipment, as well as the antennas.
Mr. Jacobs responded that it did.
Ms. Susan Bitter Smith, representing American Tower Corporation, offered
to answer any questions the Council had. She said it was a technical amendment to
capture monopoles zoned prior to the 1998 zoning change. She thanked staff for
working with them on the project. She referred to a support petition signed by all other
carriers, noting it is rare to obtain the support of one's competitors.
Mayor Scruggs opened the public hearing on agenda Item No. 24.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
has a cell phone and is frustrated with the poor reception in some areas of the City. He
pointed out that, from a public safety standpoint, it could be dangerous if people are
unable to access 9-1-1 service.
Mayor Scruggs closed the public hearing.
Ordinance No. 2249 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 ZONING ORDINANCE OF THE CITY OF
GLENDALE, ARIZONA, ARTICLE 7 (GENERAL DEVELOPMENT STANDARDS) BY
AMENDING SECTION 7.600 RELATING TO WIRELESS COMMUNICATION
FACILITIES BY ADDING A NEW SECTION 7.603 ENTITLED, "AMENDMENTS TO
EXISTING MONOPOLES"; AND SETTING FORTH AN EFFECTIVE DATE.
It was moved by Frate, and seconded by Lieberman (all said "aye"
together"), to approve Ordinance No. 2249 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.
ORDINANCES
25. PROPERTY ACQUISITION — PARK SITE AT 77TH AND ORANGEWOOD
AVENUES
Mr. Larry Broyles, City Engineer, presented this request for Council approval to
purchase a five-acre joint park site and enter into an intergovernmental agreement
(IGA) with the Glendale School District and Brown Family Communities. The property
is located at the southwest corner of 77th and Orangewood Avenues and will consist of
approximately five acres.
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This item was brought to Council Workshop on March 19, 2002, with Council
directing staff to proceed with the purchase of this property and enter into an IGA for
the development of the site. The property owners are willing to sell this property for
$52,000 per acre. A recent appraisal obtained by the City supports the asking price.
Environmental assessments have been completed and there are no indications of
contamination on the property.
The total cost of this property is $256,360, plus customary closing costs. This
property is scheduled to close escrow on March 29, 2002, pending Council approval.
The purchase is budgeted for in Park Land Acquisition Account Number 36-8518-8100.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute the documentation necessary to
complete the purchase of this property.
Mayor Scruggs opened the public hearing on Item 25.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District,
commented on the intergovernmental agreement for development of the site. He asked
what the developer's responsibilities were with regard to development of the site.
Mayor Scruggs closed the public hearing on this item.
Ordinance No. 2250 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ACQUISITION OF A
PARK SITE AT 77TH AND ORANGEWOOD AVENUES IN GLENDALE, MARICOPA
COUNTY, ARIZONA; AND DIRECTING THE EXECUTION OF A PURCHASE
AGREEMENT AND ESCROW INSTRUCTIONS.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2250 New Series. Motion carried on a roll call vote, with the following
members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and
Scruggs. Members voting "nay": none.
26. ANNEXATION ABANDONMENT
On November 29, 2002, the City Council adopted and approved Ordinance No.
2229, New Series, extending and increasing the corporate limits of the City of Glendale,
Maricopa County, Arizona, by annexing the territory described and depicted in Exhibit A
to Ordinance No. 2229, New Series. Prior to the expiration of the thirty-day protest and
contest period, the owner of one of the parcels subject to the annexation filed a petition
in the Maricopa County Superior Court contesting the annexation. The City has filed its
answer to the petition and has been actively defending its action to annex the territory in
question.
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While the petition to contest the annexation is pending, the annexation of all the
parcels that were part of the annexation will be delayed until the matter is resolved in
court. Although the City strongly feels the courts will uphold its annexation process, the
delay threatens development planned by owners of parcels who support the annexation
of their property into the City of Glendale. In order to avoid the delay caused by the
contest of the annexation, and the potential threat of such delay to the development on
parcels whose owners support the annexation of their property by the City of Glendale,
the City Manager and City Attorney recommend that the City Council abandon the
annexation action approved by Ordinance No. 2229, New Series, and commence new
annexation actions of those parcels whose owners support the annexation of their
property into the City of Glendale.
The recommendation was to waive reading beyond the title and adopt an
ordinance approving the abandonment of the annexation originally approved by the City
Council in Ordinance No. 2229, New Series.
Mr. Rick Flaaen, City Attorney, requested that Agenda Item No. 26 (Annexation
Abandonment) be tabled to the April 23, 2002 Council meeting to enable staff to work
with the property owners to explore other alternatives.
It was moved by Martinez, and seconded by Frate, to table Agenda Item No.
26 (Annexation Abandonment) to the April 23, 2002 Council meeting. The motion
carried unanimously.
BOARDS AND COMMISSIONS
27. 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
Citizens Advisory Commission on Neighborhoods
Butterworth, LaVonne (At-Large) Appointment 03/26/2002 06/29/2004
Citizen's Transportation Oversight Commission
Mendez, Victor (Mayoral) Appointment 03/26/2002 11/25/2004
Wilkinson, William (Barrel) Appointment 03/26/2002 07/25/2004
Mansfield, Clifford (Cactus) Appointment 03/26/2002 07/25/2005
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Effective Term
Date Expires
Citizen's Transportation Oversight Commission (Continued)
Fisher, Erman (Cholla) Appointment 03/26/2002 11/25/2005
Nevarez, Michael (Sahuaro) Appointment 03/26/2002 03/25/2005
Meyer, Mark (Yucca) Appointment 03/26/2002 07/25/2004
Barclay, Bonnie (At-Large) Appointment 03/26/2002 03/25/2004
Brown, Sharon (At-Large) Appointment 03/26/2002 03/25/2004
Lavine, Mary Ann (At-Large) Appointment 03/26/2002 11/25/2004
Lenox, Al (At-Large) Appointment 03/26/2002 03/25/2005
Fisher, Erman (Chair) Appointment 03/26/2002 03/25/2003
Mendez, Victor (Vice-Chair) Appointment 03/26/2002 03/25/2003
Community Development Advisory Committee
Hirsch, Gary E. (Barrel) Appointment 03/26/2002 07/01/2003
Historic Preservation Commission
Reina, Philip (At-Large) Re-appointment 04/13/2002 04/12/2004
Reina, Philip (Vice-Chair) Re-appointment 04/24/2002 04/23/2003
Jordon, Carl (At-Large) Re-appointment 04/23/2002 04/22/2004
Housing Advisory Commission
Cheney, Rose (At-Large) Appointment 03/26/2002 07/01/2003
Library Advisory Board
Frei, Kevin (At-Large) Re-appointment 05/27/2002 05/26/2003
Apperson, Bonnie (Mayoral) Appointment 04/13/2002 04/12/2004
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Effective Term
Date Expires
Parks & Recreation Advisory Commission
Neyer, Kathe (Mayoral) Re-appointment 04/09/2002 04/08/2004
Planning Commission
Beal, Rod (Cholla) Appointment 03/26/2002 03/25/2004
The recommendation was to make appointments to the various Boards and
Commissions.
It was moved by Martinez, and seconded by Eggleston, to appoint the
individuals listed above to the Citizens Advisory Commission on Neighborhoods,
the Citizen's Transportation Oversight Commission, the Community Development
Advisory Committee, the Historic Preservation Commission, the Housing
Advisory Commission, the Library Advisory Board, the Parks & Recreation
Advisory Commission, and the Planning Commission, for the terms listed above.
The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Frate, to hold a City Council
Budget Workshop at 8:00 a.m. in Room B-3 of the City Council Chambers on
Tuesday, April 2, 2002; to hold a City Council Workshop at 1:30 p.m. in Room B-3
of the City Council Chambers on Tuesday, April 2, 2002, to be followed by an
executive session pursuant to ARS 38-431.03; and to hold a City Council Budget
Workshop at 1:00 p.m. in Room B-3 of the City Council Chambers on Tuesday,
April 9, 2002. The motion carried unanimously.
CITIZEN COMMENTS
Mr. Leonard Clark, a resident of the City of Glendale Barrel District,
expressed his opinion that senior citizens should volunteer to help children learn to
read. He thanked staff for sending him a letter regarding the park on 59th Avenue,
between Northern and Olive Avenues. He stated that children in the area need a safe
place to play. He asked whether any landowners in the area could donate some land.
He said he had asked people what they thought about having a Wal-Mart at 59th and
Northern Avenues. He said a majority of the people were in favor of a Wal-Mart, but did
not want a 24-hour operation. He said people also indicated that they were happy
about the Coyote arena stadium. He warned the City, however, that growth in the West
Valley could interfere with Luke Air Force Base. He said he would like to see Luke Air
Force Base remain because of its proximity to the Palo Verde Nuclear Power Plant. He
reported that the Elks are concerned about parking motor homes in their parking lot
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overnight. He said residents located south of Manistee Ranch were concerned that fire
hydrants were not being checked.
Ms. Debra Kist, a resident of the City of Glendale Barrel District,
congratulated Mayor Scruggs, Vice Mayor Eggleston, and Councilmembers Goulet and
Martinez on being re-elected at the March 12th Primary Election. She thanked
Councilmember Clark for bringing attention to the issue of reimbursables. She
suggested that the City setup a hotline or a website that people could access to find out
where the reimbursable monies are going. She asked where people could call if they
had questions concerning the arena.
COUNCIL COMMENTS AND SUGGESTIONS
Referring to Ms. Kist's suggestion, Councilmember Clark said the Council
Assistants were currently working on developing a website where people can access
answers to frequently-asked questions. She noted that the groundbreaking ceremony
for the Coyotes arena is at 2 p.m. on Wednesday, April 3rd. She invited everyone to
join them in celebration of the City of Glendale's future Stanley Cup team.
Councilmember Goulet said several important things were accomplished this
evening. He thanked Scott and Natalie Stahl for hosting a lunch last Saturday for
volunteers who canvassed the neighborhood regarding a weed and seed grant
application. He also thanked the neighborhood association for their hard work and
persistence. He said he looked forward to the Coyotes arena and Adult Center
groundbreaking ceremonies.
Councilmember Lieberman thanked Messrs. Erman Fisher and Cliff Mansfield
for staying through this important Council session. He said everyone was delighted that
they would be serving on the new Transportation Committee. He supported said he Mr.
Clark's suggestion of having senior citizens tutor school children. He pointed out the
fact that Arizona leads the nation in the number of dropouts. He reported that World
Port was a tremendous success. He encouraged everyone to attend the upcoming
groundbreaking ceremonies and other events around the City.
Vice Mayor Eggleston spoke about the groundbreaking ceremonies for the
Coyotes arena and the Adult Center. He encouraged everyone to attend. He said the
Luke Air Show last weekend was terrific.
Councilmember Martinez told residents along the Loop 101 that the noise walls
would be built, but there would be a slight delay. He asked them to bear with the City.
He commented on the 33 individual visitors from Memmingen, Germany, who came to
World Port. He said they were very complimentary of the treatment they received from
Glendale citizens.
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Councilmember Frate thanked Pastor Irvine of the Glendale Nazarene Church
for including him in the dedication of their new church building last Sunday. He said it
was a very memorable occasion. He congratulated Mr. William Benson, Fire
Department Engineer, on being named Firefighter of the Year. He said, coincidentally,
he had all of the rose beds at Desert Rose Park replanted.
Mayor Scruggs stated that the Coyotes arena groundbreaking will surpass
anything seen in the West Valley. She pointed out the Coyotes/Ellman Companies,
and not the City, were paying for all of the food and entertainment associated with the
event. She issued an invitation to the third City Safe event to be held on Saturday,
March 30th at 8 a.m. at Fire Station No. 55 located at Union Hills and 63rd Avenue.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 p.m.
A ,,,_
ose Day - Acting Cit
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