HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/8/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JULY 8, 2003, 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; Pam Kavanaugh, Assistant City
Manager; Rick Flaaen, City Attorney; and Pamela Hanna, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the 3 resolutions and 4 ordinances to
be considered at the meeting were available for public examination and the title posted
at City Hall more than 72 hours in advance of the meeting.
APPROVAL OF THE MINUTES OF THE JUNE 24, 2003 CITY COUNCIL MEETINGS
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the June 24, 2003 Regular 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 7 and Ms.
Pamela Hanna, City Clerk, read consent agenda resolutions numbers 8 through 10 by
number and title.
Councilmember Lieberman requested item number 9 be heard separately.
1. AWARD OF BID 03-13, PORTABLE VARIABLE MESSAGE SIGNS/TRAFFIC
MANAGEMENT SYSTEM
This is a request for City Council to approve the purchase of four new portable
traffic management system trailers. The trailers will be used as part of the city's traffic
management system to monitor and regulate traffic during special events, construction,
and major incidents. Unique features of this system include mobility, a variable
message sign, solar power capabilities, wireless communication and control, and a
closed circuit television (CCTV) camera. Using this tool, in conjunction with the Traffic
Management Center and other intelligent transportation system (ITS) infrastructure, will
allow the city to gather traffic data, monitor traffic conditions, and disseminate real-time
travel information to drivers from one central site.
1
Six bids were received by the city. The lowest responsive bid was submitted by
ADDCO Incorporated. The contract contains an option clause that will permit the city,
at the discretion of the City Manager, to purchase up to an additional four signs within
one year of acceptance of the original order. Funding is available in the Smart Traffic
Signals Account No. 25-9469-8300, and come from the Glendale Onboard (GO!)
Transportation Program.
The recommendation was to award a contract to ADDCO Incorporated for the
purchase of four variable message signs in an amount not to exceed $362,196, taxes
included.
2. AWARD OF BID 03-16, WATER METERS
This is a request for City Council to approve the purchase of water meters. Four
bids were received to supply the Utilities Department with various sized water meters on
an "as needed" basis. The different sizes of water meters were listed in the solicitation
along with the estimated annual quantities for each size meter. Water meters are
needed for new residential and commercial construction and also as part of the meter
replacement program. This program allows for more accurate tracking and billing of
water usage. Once approved, the contract will continue through August 31, 2004. The
bid contains an option clause that will permit the city, at the discretion of the City
Manager to extend this agreement for four annual terms.
The lowest responsive bid was submitted by Badger Meters Incorporated.
Funding is available in the Utilities Department Meter Maintenance Account No. 83-
6443-7520.
The recommendation was to award a contract to Badger Meters Incorporated for
water meters in an amount not to exceed $367,587.15, taxes included.
3. AIRPORT RESTAURANT TERMINAL LEASE
This is a request for City Council authorization to enter into a revised lease
agreement with Charles J. Schindler for suite 104, in the terminal building at the
Glendale Municipal Airport. Mr. Schindler has been the operator of the Glendale Airport
Restaurant since 1998. The term of the lease shall be for a period of 12 months, with
four one-year renewal options. To be eligible for renewal, Mr. Schindler must complete
certain improvements to the restaurant during the initial 12 month term and each
subsequent one-year renewal period. The improvements include replacing the two
compressors for the walk in refrigerator and freezer, replace all of the patio furniture,
replace all of the seating inside the restaurant, replace the carpeting and install a sun
shade device over the entire patio. Mr. Schindler must also provide a written notice to
the Airport Manager 90 days prior to the expiration of the active lease term.
The base rent of $944.65 and the percentage of gross, 7.25% have remained
constant since July 1999. Under this new agreement, the base rent and or the
2
percentage of gross will be adjusted every two years. The rent for the initial 12 months
of the lease will have a base rent of $1,200 per month or 7.25% of lessee's gross
receipts, whichever is greater. The base rent increases to $1,300 per month and the
percentage of gross increases to 7.5% during the second option period. The base rent
remains the same and the percentage of gross increases to 8% during the fourth option
period.
The recommendation was to authorize the entering into of an airport terminal
lease for the Glendale Airport Restaurant with Charles J. Schindler.
4. STANDARD LEASE FORM FOR BANK OF AMERICA PLAZA BUILDING
This is a request for City Council approval of a standard master lease agreement
for suites in the Bank of America Plaza Building. Economic Development and Property
Management are in agreement that a standard master lease is needed for the Bank of
America Plaza building.
NAI Horizon, the company under contract to manage the Bank of America Plaza
property for the city, uses the standard master lease agreement in negotiating new and
renewal leases on behalf of the city. The terms of the lease agreements remain the
same from tenant to tenant, requiring payment of similar annual base rental rates and
payment of a proportionate share of common area expenses. NAI Horizon negotiates
each lease for rates that reflect fair market prices.
The Bank of America building has the opportunity to truly impact professional
office development in the downtown area. It contributes approximately 56,387 of
rentable square feet to the available office space in the downtown area. The City
Center Master Plan states that office development is key to increasing pedestrian traffic
during the daytime and early evening hours. It specifically identifies the Bank of
America building as an important component to our downtown development. With real
estate agreements, "time is of the essence". The more streamlined the leasing process
is, and the more flexibility provided to clients, the sooner the city will be able to lease
available space.
The City Charter does not require City Council approval of leases of personal
property or office space within a building. The lease may be signed by the City Manager
or his/her designee. Once Council approves the form of the lease, the City Manager
would have the authority to sign the lease at whatever terms were negotiated. The
Council could give general direction that leases must provide for market rates or not
exceed a certain number of years, or just direct staff to enter into leases upon terms
deemed by the City Manager to be in the best interest of the city. Staff believes this is
beneficial for the city due to the timeliness of obtaining tenants for the Bank of America
Plaza property.
Approving the master lease will enable the city, through its agent NAI Horizon, to
more quickly respond to market demands and potential tenants.
3
The recommendation was to authorize the City Manager to execute all
documents necessary for future Bank of America Plaza building leases that use the
master lease agreement form.
5. AWARD OF CONSTRUCTION CONTRACT — FY2003-04 ASPHALT OVERLAY
PROGRAM
This is a request for City Council approval of a contract to J. Banicki
Construction, Inc., for construction of the Fiscal Year (FY) 2003-04 Asphalt Overlay
Program.
The city utilizes a pavement management system to prioritize the conditions and
needs of the existing streets. The Streets department is conducting an inventory of the
existing street system to estimate the cost to bring streets up to acceptable standards.
A report of their findings will be presented at a council workshop in the fall, along with
various funding options. The asphalt overlay is required to recondition deteriorated
streets, repair damage resulting from construction of various utility lines over the past
several years, and improve the ridability on arterial, collector and residential streets
throughout the city. The base bid will provide a rubberized asphaltic concrete overlay
on approximately one mile of arterial street and three miles of collector streets,
including Thunderbird Road from 53rd Avenue to the Arizona Canal Diversion Channel,
45th Avenue from Orangewood to Northern, 47th Avenue from Northern to Olive and
Cholla Street from 51st to 59th Avenues. Residential streets are located between Olive
and Butler from 43rd to 47th Avenues.
This year's program has been bid with four alternates. Three alternates have
been included to extend the amount of street that can be overlaid and best utilize the
available funding. These alternates include: 83rd Avenue from Bethany Home Road to
Glendale Avenue; Myrtle Avenue from 59th Avenue to Grand Avenue; 47th to 51st
Avenues between Glendale and Orangewood Avenues. Add alternate number four, the
construction of raised medians on Thunderbird Road at 57th Avenue, is one of the GO
Transportation Intersection Improvements projects. The raised medians will consist of
vertical curbs and concrete pavers to prevent left turning movements at the driveways
located near this intersection.
Four bids were received and opened at 2:00 p.m., on June 9, 2003. In order to
keep the project within budget, the award will be for the base bid, add alternate two -
Myrtle Avenue, 59th to Grand avenues and add alternate four - Thunderbird Road
Medians. J. Banicki Construction, Inc., a qualified licensed contractor, submitted the
lowest combination of base bid and the selected alternates in the amount of
$865,372.65. Funds are available in the FY2003-04 Capital Improvement Plan, Street
Maintenance, Account No. 12-6232-8300, for the overlay project, $811,344.90, and
Intersection Improvements, Account No. 25-9448-8300 for the raised median on
Thunderbird Road at 57th Avenue, $54,027.75.
4
..... ._....... .
The recommendation was to approve the contract award to J. Banicki
Construction, Inc. in the amount of $865,372.65.
6. PROFESSIONAL SERVICES AGREEMENT — OPEN SPACE AND TRAILS
MASTER PLAN
This is a request for City Council approval of a professional services agreement
with Todd & Associates, Inc., for the development of a citywide Open Space and Trails
Master Plan.
The purpose of this master plan is to identify specific implementation strategies
to conserve open space throughout the city. This is the first master plan to be done for
citywide open space and trails. The master plan will be a comprehensive plan
combining previously identified open space and trails from the Glendale 2025 Plan.
Large and small parcels will be considered as elements to create recreational and multi-
modal landscaped corridors with connecting linkages to the city's park system and other
public facilities and attractions. A citywide needs assessment will be conducted relative
to public open space and trails. An open space and trail system map will be developed
that will assure integration with current and future city and county general
transportation, economic development, recreation, park and trail plans such as the City
Center Master Plan, Glendale Onboard Plan, Arts Master Plan, Parks and Recreation
Master Plan, West Valley Multi-Modal Transportation Corridor Master Plan, Western
Area Regional Plan, North Glendale Specific Plan and Statewide Comprehensive
Outdoor Recreation Plan. Implementation of the plan will occur over several years.
In October 2002, 20 firms submitted proposals for the development of two
master plans, one for Thunderbird Park and one for Citywide Open Space and Trails. A
committee made up of representatives from Parks and Recreation, Transportation,
Field Operations, Water Conservation and Engineering reviewed the proposals and
narrowed the list to three firms. Interviews were conducted in mid-December 2002 and
as a result of these interviews, the committee decided the city's interest would be best
served by having separate firms for each of the master plans. Todd & Associates, Inc.
was selected as the most qualified firm to perform the work for the Open Space and
Trails Master Plan. Todd & Associates, Inc. submitted a detailed scope of work and fee
structure in mid-January 2003 which was substantially beyond what the city had
budgeted for the project. The city reevaluated its needs and a revised scope of work
and fee schedule were submitted within budget in May 2003.
Funds in the amount of $126,150 for this agreement need to be transferred from
Downtown Greenbelt, Account No. 35-9609-8330 to Citywide Open Space, Account No.
35-9605-8330.
The recommendation was to approve a professional services agreement in the
amount of$126,150 with Todd & Associates, Inc.
5
7. PROFESSIONAL SERVICES AGREEMENT - THUNDERBIRD PARK MASTER
PLAN
This is a request for City Council approval of a professional services agreement
with Logan Simpson Design Inc., for the development of a masterplan for Thunderbird
Park.
Thunderbird Park is a regional facility maintained and operated by the City of
Glendale Parks and Recreation Department and is a popular park for picnicking, hiking,
horseback riding and mountain biking. A Thunderbird Park Master Development Plan
was completed in 1967 by Maricopa County, and a Thunderbird Park Site Review was
done in 1990. The later site review includes information on location and description of
existing park features and possible development scenarios. The master plan is needed
to assure users continue to enjoy the mountain preserve in its natural state, while
improving the amenities to meet future demands.
In October 2002, 20 firms submitted proposals for the development of two
master plans, one for Thunderbird Park and one for City-wide Open Space and Trails.
A committee made up of representatives from Parks and Recreation, Transportation,
Field Operations, Water Conservation and Engineering reviewed the proposals and
narrowed the list to three firms. The firms were interviewed in mid-December 2002. At
that time the committee decided the city's interest would be best served by having
separate firms for each of the master plans. Logan Simpson Design, Inc. was selected
as the most qualified firm to perform the work for the Thunderbird Park Master Plan.
The review of submittals and establishment of the specific scope of required services
for this project occurred between November 2002 and April 2003. The award of this
professional services agreement has been scheduled to coincide with development of
the Open Space And Trails Master Plan because this project will utilize certain
information gathered through the Open Space and Trails public input process.
Funds in the amount of $74,968 are available in the FY2003-04 Capital
Improvement Plan, Thunderbird Park Improvements, Account No. 36-8530-8330.
The recommendation was to approve a professional services agreement with
Logan Simpson Design, Inc. in the amount of$74,968.
CONSENT RESOLUTIONS
8. LIBRARY USAGE FEES
This is a request for City Council to adopt a resolution amending library usage
fees. In March 1999, the City Code dealing with the library was reviewed and
amended. At that time, the library's fines and fees were reviewed and a resolution
outlining the actual amounts to be charged was passed. The Library Advisory Board
recently reviewed the established schedule of library fines, based on a request from the
City Council during budget workshops, and recommends the adoption of a resolution
6
changing the fines. Recommended changes include increasing overdue charges,
increasing the charge for damaged audio-visual cases, and imposing a new charge for
items that people have requested and failed to pick up. Increasing overdue fines should
result in fewer overdue items and increased access to materials for all library users.
The daily overdue charge for most materials, those checked out for the standard
loan period, is recommended to be changed from $.10 to $.20. The daily overdue
charge for materials circulating for a lesser period such as videos and DVD's is
recommended to be changed from $.50 to $1. The recommendation for daily charges
for overdue interlibrary loan materials is an increase from $.50 to $1. The cost for a
damaged audio-visual case is proposed to increase from $1 to $3. A new fee, to be
placed on items that individuals put on reserve but fail to pick up, is recommended to be
$.25 for materials from our library, and $2 for interlibrary loan items.
The recommendation was to waive reading beyond the title and adopt a
resolution amending the overdue library materials fines and usage fees.
Resolution No. 3689 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE OVERDUE MATERIALS FINES AND
LIBRARY USAGE FEES AT THE GLENDALE MUNICIPAL LIBRARIES; AND
ESTABLISHING AN EFFECTIVE DATE
10. NOTICE OF INTENT TO RAISE SEWER USER CHARGES
This is a request for the City Council to adopt a resolution declaring the city's
intent to raise sewer user charges and setting the date of a public hearing on the
proposed increases for September 9, 2003.
An in-depth study of the city's water and wastewater system was conducted by
consultant Black & Veatch and presented to, and approved by, City Council during
workshop on June 5, 2001. The study included an evaluation of the existing rate
structure, assessment of the sewer rate calculation formula and evaluation of the
Capital Improvement Plan, including projects such as the expansion of the West Area
Wastewater Reclamation Facility (WAWRF) and improvements to the 91st Avenue
Wastewater Treatment Plant which address both existing and projected treatment
requirements.
The City Council has reviewed the fiscal year 2003-04 operating budgets and the
Capital Improvement Plan for Fiscal Years 2004-13 for the water and wastewater
systems. The operating budget included no supplemental requests and the Capital
Improvement Plan includes the expansion of the WAWRF and improvements to the 91st
Avenue Wastewater Treatment Plant.
The water and sewer rate analysis conducted by Black & Veatch recommended
an annual 4% sewer revenue adjustment for three years and modification to the sewer
user charge schedule. Council approved the first 4% increase on September 25, 2001,
7
and the second increase on September 10, 2002. This will be the third adjustment in
the three-year process. These adjustments will have varying effects on residential and
commercial customers, depending on water usage. As required by Arizona State Law
(A.R.S. Sec. 9-511.01), the Council must adopt a notice of intention to increase water
or wastewater rates. Also as required, a copy of the new rate schedule and the Black &
Veatch Water and Sewer Rate Study is on file with City Clerk's Office and a public
hearing on the proposed increase is scheduled for September 9, 2003. Notice of this
public hearing will be published in The Glendale Star not less than 20 days prior to the
public hearing date. The actual sewer increase, if approved on September 9, 2003, will
become effective with the October 2003 billing cycle.
The recommendation was to waive reading beyond title and adopt a resolution
declaring the city's intent to raise sewer user charges and setting a September 9, 2003,
public hearing date.
Resolution No. 3691 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ADOPTING THIS NOTICE OF INTENTION TO INCREASE
SEWER USER CHARGES; SETTING A PUBLIC HEARING ON THE PROPOSED
INCREASE; AND FILING A WRITTEN REPORT SUPPORTING THE PROPOSED
INCREASE WITH THE CITY CLERK
Mayor Scruggs opened the public hearing on Consent Agenda Items 1
through 7 and Consent Resolutions 8 and 10.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, spoke in
favor of Consent Agenda Items 1, 3, and 4, as well as Consent Resolution 8. He said,
however, he has not yet formed his position with regard to Item 10.
Mr. Ron Prothero, a resident of the City of Glendale Ocotillo District, said all of
the questions he had were answered prior to the meeting. He voiced his support of
Agenda Item 5, stating the rubberized overlays will save the city a lot of money.
It was moved by Lieberman and seconded by Frate, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 8 and 10,
including the approval and adoption of Resolution No. 3689 New Series, and
Resolution No. 3691 New Series. The motion carried unanimously.
9. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR A
BICYCLE UNDERPASS AT 43RD AND PEORIA AVENUES
Mr. Jim Book, Transportation Director, presented this item.
This is a request for City Council approval of an Intergovernmental Agreement
(IGA) with the City of Phoenix to provide matching funds in the amount of $176,000 to
construct a bicycle underpass at the intersection of 43rd and Peoria Avenues.
8
Construction of this project will allow Arizona Canal/Diversion Channel (ACDC)
pathway users to pass beneath the intersection of 43rd and Peoria Avenues instead of
crossing these busy arterial streets. Completion of the project will improve bicycle and
pedestrian safety and promote the use of non-motorized travel for transportation
purposes.
The underpass project will provide a below-grade crossing for the existing ACDC
pathway on the north side of the flood diversion channel. The project includes
approach ramps for pathway connections, security lighting and landscaping.
The City of Phoenix has completed the design and the project contract has been
awarded in an amount of $3,489,869.
Phoenix is managing construction of the project with Federal Highway
Congestion, Mitigation and Air Quality (CMAQ) funds paying for $2,163,100 of the
project cost. Phoenix is also providing $1,150,769 in matching funds that includes
funding for costs exceeding the original cost estimates. The City of Glendale will
provide matching funds in the amount of $176,000 with funds available from the
Transportation Department's Streets and Parking Account No: 31-9433-8300.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to enter into an Intergovernmental Agreement
with the City of Phoenix to construct a bicycle underpass at 43rd and Peoria Avenues.
Resolution No. 3690 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR THE
BICYCLE UNDERPASS AT 43RD AND PEORIA AVENUES
Councilmember Lieberman noted the city previously discussed tunnels when it
considered constructing one under Bell Road. He said, ultimately the city determined
safety factors made a tunnel undesirable. He stated he does not support the project,
asking how they will be able to protect people in the tunnel or prevent homeless people
from using it as shelter. He noted the city has had trouble with people being attacked
while utilizing the above group pathway. Mr. Book said there have been a number of
tunnels paralleling the ACDC since Council last debated the issue. He said, while there
have been a few instances where people have been attacked, the number of instances
is quite negligible. Councilmember Lieberman reiterated his opposition to the project,
stating he could not envision the tunnel being safe unless officers are stationed at each
end. Mr. Book noted the City of Phoenix completed a tunnel at 19th Avenue and
accelerated construction of the tunnel at MetroCenter due to the number of cyclists and
pedestrians struck by automobiles. He assured Councilmember Lieberman that the
trail users and pedestrians prefer the tunnels. Councilmember Lieberman said, while
he understands that tunnels decrease the number of accidents involving cyclists and
automobiles, he continues to be fearful of creating another type of unsafe situation.
9
Councilmember Martinez asked if there are any statistics indicating a higher
instance of crime in tunnels. Mr. Book said he is not aware of any statistics.
Councilmember Martinez pointed out a tunnel goes under Union Hills at 59th Avenue.
He voiced his support of the project.
Councilmember Clark asked if any consideration was given to a pedestrian
overpass. Mr. Book said, while he does not know if an overpass was considered for the
43rd Avenue and Peoria intersection, he knows that as they progressed down the canal
system, they have consistently looked at undergrounding the tunneling system. He
explained overpasses have to be considerably higher than underpasses have to be
deep in order to clear truck traffic. He said the grade change required for overpasses
make them a less desirable option.
Councilmember Frate asked if any traffic closures will be required to complete
construction. Mr. Book said, while the roadways will be open to traffic, the number of
lanes could be restricted during construction.
Mr. Book confirmed for Mayor Scruggs that the tunnel is considered a City of
Phoenix facility and is part of a much larger pathway running from 71st and Glendale
Avenues to South Phoenix. Mayor Scruggs said she shares Councilmember
Lieberman's concerns about the tunnel, however, she will support the project because it
is part of a larger route system and Phoenix will be solely responsible for maintenance,
landscaping, lighting and other related project improvements.
Vice Mayor Eggleston pointed out that hundreds of cyclists and pedestrians use
the pathway. He asked if the city's Bicycle Committee has looked at the project's plans.
Mr. Book stated the Committee unanimously supports the project, as does the Citizen
Transportation Oversight Committee. He pointed out cyclists and pedestrians are
currently faced with two at-grade crossings in order to continue on the pathway. Vice
Mayor Eggleston asked if people could choose to cross at the intersection rather than
going through the tunnel if they were concerned about its safety. Mr. Book responded
yes.
Councilmember Clark said she too shares Councilmember Lieberman's
concerns, but believes the project would continue whether Council approves the
intergovernmental agreement or not. She said, in an effort to be a good neighbor, she
will support the agreement. She pointed out tunnels will also be used along the
Bethany Home Outfall Channel trail system.
It was moved by Clark and seconded by Frate, to approve the
recommended actions on Consent Agenda Item No 9, and adoption of Resolution
No. 3690 New Series. The motion carried by a vote of 6 to 1, with the following
Councilmembers voting "aye": Clark, Eggleston, Frate, Goulet, Martinez and
Scruggs. Councilmembers voting "nay": Lieberman.
10
PUBLIC HEARING — LIQUOR LICENSES
Councilmember Lieberman asked to have Item 11 be heard separately.
11. LIQUOR LICENSE NO. 3-880 ECKERD DRUGS NO. 5302
Mr. Michael Bailey, Regulatory and Communications Manager, presented this
item.
This is a request for a new series 10 (off-sale retail, beer & wine) license for
Eckerd Drugs No. 5302, which will be located at 18591 N. 59th Avenue. There have
been no prior businesses at this location. The approval of this license will increase the
total number of liquor licenses in this area by one.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
Councilmember Lieberman asked how the license had been obtained by Eckerd
Drugs. Mr. Bailey explained the license was transferred from another Eckerd corporate
entity.
12. LIQUOR LICENSE NO. 3-882 CACTUS WILLY'S BAR & GRILL
This is a request for a person transfer of a series 6 (on- & off-sale retail, all
liquor) license for Cactus Willy's Bar& Grill located at 6322 W. Bell Road. The previous
owner operated this business as Cactus Willy's Bar & Grill 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 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 Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
11
Mayor Scruggs opened the public hearing on Agenda Item Numbers 11 and
12. As there were no comments, Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Clark, to forward Liquor
License Applications No. 3-880 for Eckerd Drugs No. 5032 and No. 3-882 for
Cactus Willy's Bar & Grill, to the State of Arizona Department of Liquor Licenses
and Control, with the recommendation for approval. The motion carried
unanimously.
PUBLIC HEARING — ORDINANCE
13. MODEL CITY TAX CODE CHANGE PERTAINING TO RESIDENTIAL RENTAL
PROPERTY
Mr. Chris Zapata, Deputy City Manager, presented this item.
This is a request for City Council approval of an ordinance modifying the Model
City Tax Code relating to residential rental property. At the June 3, 2003 Council
workshop, staff presented information on residential rental property and the differences
between Glendale's allowed exemptions for residential rental property and those of the
other Valley cities. This section of the code was adopted on June 27, 1989.
In reviewing Glendale City Code 21.1-455 as it relates to the city's business
practices, staff concluded that a modification to the existing ordinance will result in an
equitable residential rental tax collection exemption policy that replicates the
commercial rental property tax exemption policy. Currently, all commercial rental
property is taxable. Four or less residential rental properties in the City of Glendale are
exempted. The proposed elimination of Sec. 21.1-455(k) will make all residential
rentals taxable in the City of Glendale. The tax rate is 1.8% for residential rental
property.
Registration of all residential rental properties with the Tax & License Division will
provide Code Compliance with a more accurate accounting of residential rental
properties to enhance the inspection aspect of the Residential Property Code adopted
in 1999. Arizona Revised Statutes 33-1902 requires all residential rental property
owners to register with the County Assessor. This ordinance will enable the City to
mirror the registration requirement on a local level.
Property owners who rent their residential property will be required to obtain a
privilege (sales) tax license with the City of Glendale. The cost of the license is $50
annually. Only one license is required for any number of dwelling units owned by the
same person.
A public notice was posted in accordance with A.R.S. Sec. 42-6054 (d) advising
of the public hearing regarding the G.C.C. Staff met with members of the Arizona
Multihousing Association and advised them of the proposed ordinance.
12
Council directed staff to proceed with the recommended change to the
residential rental property exemption. If this ordinance is adopted, the effective date will
be September 1, 2003.
The recommendation was to conduct a public hearing and waive reading beyond
the title and adopt an ordinance modifying the Glendale Model City Tax Code pertaining
to residential rental property.
Councilmember Clark noted the ordinance will not take effect until September 1,
asking if the license will be prorated. Mr. Zapata responded yes.
Mayor Scruggs opened the public hearing on Item 13.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed
concern the tax will place an undue hardship on low income families who already find it
difficult to get approved to rent apartments.
Mayor Scruggs closed the public hearing.
Ordinance No. 2328 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 MODEL CITY PRIVILEGE (SALES) TAX
CODE OF THE CITY OF GLENDALE BY DELETING SUBSECTION (K) OF SEC.
21.1-445 RELATING TO RESIDENTIAL RENTAL PROPERTIES; AND DECLARING
AN EFFECTIVE DATE
It was moved by Frate, and seconded by Goulet, to approve Ordinance No.
2328 New Series.
Vice Mayor Eggleston stated he does not support moving forward with the tax
until further research can be done. He explained he is troubled by the numerous fee
and tax increases enacted over the past year, pointing out planning and permit fees,
sanitation fees, the sales tax on phones, Parks and Recreation fees, sewer fees and
library fines have all been increased.
Councilmember Clark expressed her opinion the issue is one of equality, stating
all properties, both exempt and non-exempt, could be subject to an inspection visit
which requires staff time. She said the ordinance spreads the cost of code
enforcement across all properties in Glendale. With regard to the fee increases cited
by Vice Mayor Eggleston, she pointed out the sanitation and sewer fee is an Enterprise
Fund and required to pay for itself. She said the other fees are optional and apply only
to those residents who choose to utilize the programs.
Councilmember Lieberman stated he also sees it as a way of leveling the playing
field. He said, currently, a property owner with three high value units does not have to
pay the tax, while another owner with six smaller, less valuable units does. He said the
only way to be fair is to impose the same tax on everybody, regardless of the number of
13
units they own. He pointed out, in all probability, the tax increase will be passed on to
the tenants.
Councilmember Martinez stated he also supports the ordinance. He clarified the
increases imposed on other programs throughout the city were not driven by the city's
budget shortfall, but in response to the increasing cost of doing business.
Councilmember Frate questioned whether ARS 33-1902, which requires all
residential rental property owners to register with the County Assessor, is strictly
enforced. He asked if the city will share information with the County Assessor to help in
their enforcement efforts. Mr. Zapata said they have already started to share
information, noting the County Assessor has close to 5,000 properties on their books.
Vice Mayor Eggleston said he is not convinced it is the right thing to do,
therefore, he will not support the motion.
Upon a call for the question, the motion carried on a roll call vote, with the
following Councilmembers voting "aye": Clark, Goulet, Lieberman, Martinez, and
Frate. Members voting "nay": Eggleston and Scruggs.
ORDINANCES
14. PROPERTY MAINTENANCE CODE
Mr. Dan Gunn, Code Compliance Administrator, presented this item.
This is a request for City Council to approve adopting a Property Maintenance
Code. At a Council workshop in June 2003, staff was directed to bring forward a
property maintenance code that would establish new health and safety standards for
residential and commercial properties. The recommended code language was provided
in the Final Report of the Property Maintenance Subcommittee, chaired by
Councilmember David Goulet with Councilmembers Steven Frate and Joyce Clark as
members.
The report detailed the extensive public input process that occurred while
developing the language for the property maintenance code. The code establishes new
standards for exterior health and safety categories including: exterior windows, doors
and screens; fences, screen walls, and retaining walls; landscaping; protective
treatment; painted surfaces; roofs and roof coverings; and general exterior
maintenance of property.
The implementation of the property maintenance code will occur October 1,
2003. A three-month period between adoption of the ordinance and enforcement will
be used to implement a community awareness campaign. This campaign will utilize
publicity in print and electronic media, door hangers on homes, and presentations at
14
public meetings. The goal of the campaign is to provide residents with advance notice
of the adopted property maintenance code.
The recommendation was to waive reading beyond the title and adopt an
ordinance implementing a property maintenance code.
Councilmember Clark asked what major changes will be implemented. Mr. Gunn
explained four new definitions and seven new codes will be added. He explained the
codes include a general code related to accumulative violations; requirements
concerning the exterior surfaces of structures, fences, walls, roofs, window screens,
doors and door frames; and landscaping requirements. Councilmember Clark asked if
the city will also implement new programs to assist qualified homeowners. Mr. Gunn
said the city already has assistance programs in place, however, a new program has
been established in cooperation with Home Depot. Councilmember Clark asked how
they intend to educate the public about the new codes. Mr. Gunn said they are
currently working with the Communications Department and are in the process of
developing an informational brochure. He said Channel 11, press releases,
neighborhood meetings and district meetings will also be used to further educate the
public. He stated people who have questions should contact the Code Compliance
Office.
Councilmember Lieberman asked if Code can require an inside condominium
unit to make improvements if it is not visible from the street. Mr. Gunn responded yes.
In response to Councilmember Martinez's question, Mr. Gunn explained the
city's repeat or chronic offender policy currently applies to property owners with three
violations within a 12 month period. He said the policy was modified last October,
extending the time frame to 24 months.
Vice Mayor Eggleston asked about the criteria used when determining whether a
violation has occurred. Mr. Gunn explained the purpose of the codes is to deal with
conditions that represent a clear detriment to the public health and safety or may
substantially impact the livability or stability of neighborhoods. He said a certain
amount of discretion and reasonableness applies when determining whether a property
is in violation. He stated the ultimate standard they have to meet is whether the case
would be accepted for prosecution and, if so, is it prosecutable in a court of law. He
explained the only time a property owner would be taken to court is if they refuse to
make any reasonable effort to rectify the violation.
Councilmember Frate asked how profound an effect will the ordinance have on
the city over a period of time. Mr. Gunn said he has seen significant changes to the
city's codes during his tenure in the Code Department. He said the proposed code
changes will provide additional tools to maintain the city at the level most people desire.
15
Mayor Scruggs opened the public hearing on Item 14.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said, while
he generally approves of the changes, he wants Council to keep the city's agricultural
heritage in mind. He questioned how the code prohibiting bare dirt will affect
homeowners who have gardens. He said he is concerned about the ever increasing
level of regulation and taxation.
Mayor Scruggs closed the public hearing.
Councilmember Martinez said a neighborhood was surveyed and asked to
identify top priority issues. He stated one of the first issues identified was homeowners
who do not maintain their properties. He pointed out the city held a number of meetings
and sought public input during the process and a majority of the residents who
responded were in support of the city's efforts to enhance the codes.
Ordinance No. 2329 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 GLENDALE CITY CODE, CHAPTER 25,
ARTICLES I AND II, RELATING TO PROPERTY MAINTENANCE; AND SETTING
FORTH AN EFFECTIVE DATE
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2329 New Series.
Councilmember Goulet explained, in response to repeated discussions about
visual blight in neighborhoods, a subcommittee was established to look at developing
tools that would provide relief. He expressed appreciation to the other organizations
and corporations who have offered to partner with the city to help residents who are
unable to make the necessary improvements. He also thanked city staff for their efforts
to improve the quality of life in the city.
Councilmember Clark reported speeding and code complaints are the two most
common complaints. She stated a lot of older neighborhoods are not governed by
Homeowners Associations and residents in those neighborhoods get very frustrated by
other residents who do not properly maintain their properties. She said, regardless of
the investment made, people have the right to live in, protect and enjoy their homes.
She stated the demand for stronger codes has existed for a very long time and she is
pleased to support the proposed changes.
Mayor Scruggs acknowledged the awesome power the government has to
control what people do and to take people's money for what is determined to be the
greater good. She said, while she has some reservations, she supports the work of her
colleagues and staff, as well as the amount of citizen input that went into the proposed
changes, therefore, she will support the item. She cautioned that people who issue
complaints will have high expectations as to how the city will address their complaints.
16
She said she has a serious concern about the ability of some to afford the required
improvements. She acknowledged programs are in place to help low income property
owners, stating, however, there are many people who do not qualify as low-income, but
are obligated to an extent that precludes them from being able to afford costly
improvements.
Upon a call for the question, the motion carried on a roll call vote, with the
following Councilmembers voting "aye": Clark, Eggleston, Goulet, Lieberman,
Martinez, Frate and Scruggs. Members voting "nay": none.
15. ADOPTION OF AN ORDINANCE AMENDING THE CITY CODE RELATED TO
CEMETERY OPERATIONS
It was moved by Lieberman, and seconded by Clark, to remove item 15
from the table. The motion carried unanimously.
Mr. Stuart Kent, Field Operations Deputy Director, presented this item.
This is a request for City Council approval of revisions to Chapter 11 of the
Glendale Municipal Code which address operations of Glendale Memorial Park
Cemetery. The following summarizes these changes:
Section 11-2: Clarifies the purpose of the perpetual care fund and expands uses
of the fund to include improvements to the property.
Section 11-3: Eliminates the requirement that sales revenues must be deposited
in the perpetual care fund and instead specifies that all revenues will be deposited in
the general fund. Language is retained stating the fund's investment earnings will
continue to accumulate in the perpetual care fund. Finally, the definition of fund self-
sufficiency is clarified.
Section 11-4: The current section is deleted and replaced by a retitled section
authorizing specific operating practices. This language emphasizes best practices;
restricts sales to residents, family of deceased residents, or family of those interred at
the cemetery; provides a pricing structure based on a market survey and a 20%
discount on the cost of interment rights for residents; and allows the City Manager or
designee to annually set new prices based on the market survey and established
discount.
These changes will benefit Glendale by focusing our customer base on residents
and providing a substantial discount on burial costs for residents.
The recommendation was to waive reading beyond the title and adopt an
ordinance amending Glendale City Code, Chapter 11 relating to Glendale Memorial
Park Cemetery operations.
17
Mayor Scruggs opened the public hearing on Item 15.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said, while
he believes Council has the best of intentions, he does not like the fact that the funds
will be moved from the Cemetery Fund to the General Fund. He questioned whether
the proposed changes will violate the state's law concerning irrevocable trusts. He said
he was told by a staff member that anyone purchasing a lot utilizing the 36 month
payment plan will now be subjected to an additional $400 to $600 interest charge.
Mayor Scruggs closed the public hearing.
Vice Mayor Eggleston asked about the interest fee referenced by Mr. Clark. Mr.
Kent explained interest will be charged on the remaining balance if a person has not
paid the full amount after 36 months. Vice Mayor Eggleston asked what is the
cemetery's annual operating cost. Mr. Kent said it has ranged between $350,000 and
$450,000 for the past few years, however, the budget for the upcoming year totals
$236,000. He said staff at the cemetery, as well as employees in the Field Operations
Department, are committed to making sure the site is well maintained. Vice Mayor
Eggleston asked if the amount charged for the plots cover the maintenance and
operating costs. Mr. Kent said, historically, the proceeds from sales have gone to the
Perpetual Care Fund and the General Fund paid the full cost of the cemetery
operations. He said, under the new arrangements, all of the proceeds from the sales of
the cemetery will go into the General Fund to buy down the operating budget. He said
their intent is to use the trust fund monies to maintain the cemetery once all of the plots
have been sold.
Mayor Scruggs asked if the ordinance indicates interest will be charged if the full
amount has not been paid within 36 months. Mr. Kent explained fee setting and other
related issues will be designated to the City Manager and are not specifically set forth in
the ordinance. Mayor Scruggs clarified passing of the ordinance will not cause the
cemetery to start assessing interest fees.
Councilmember Martinez asked how the cemetery's fees compare to other cities.
Mr. Kent stated Glendale's resident rate is considerably lower than other cities and, in
fact, the non-resident rate is approximately 75 to 80 percent of the going rate at other
area cemeteries. He said, therefore, they made a conscious decision to bring the
cemetery's rates up to a level comparable with other cities.
Ordinance No. 2330 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 11, ARTICLE I
RELATING TO CEMETERY OPERATIONS AND THE CEMETERY PERPETUAL
CARE FUND; AND ESTABLISHING AN EFFECTIVE DATE
It was moved by Lieberman, and seconded by Clark, to approve Ordinance
No. 2330 New Series.
18
Mayor Scruggs commented that, with passage of the ordinance, the irrevocable
trust, known as the Perpetual Care Fund, will still be in place and will continue to accrue
interest. She stated the decision to divert the funds to the General Fund will further
assure that the cemetery is well maintained.
Upon a call for the question, the motion carried on a roll call vote, with the
following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston,
Martinez, Frate, and Scruggs. Members voting "nay": none.
16. FISCAL YEAR 2002-03 BUDGET AMENDMENTS
Ms. Sherry Schurhammer, Budget Director, presented this item.
This is a request for City Council approval of fiscal year (FY) 2002-03 budget
amendments. A budget amendment is a transfer of appropriation authority from one
fund to another.
During the course of FY 2002-03 capital project carryover was reconciled and
scheduled vehicle and technology replacements for General Fund departments were
postponed. When departments prepared their FY 2002-03 capital project budgets, they
estimated the amount of carryover savings they would have. At the end of the fiscal
year, the Budget Department reconciled each department's actual savings with their
estimated carryover and then increased or decreased their budgets accordingly.
In addition, part way through FY 2002-03, management indicated that regularly
scheduled vehicle and technology replacements should be postponed for General Fund
departments. Therefore, budgeted vehicle and technology replacement expenditures
were saved and the savings were diverted to contingency funds.
The recommendation was to waive reading beyond the title and adopt an
ordinance approving the Fiscal Year 2002-03 budget amendments.
Ordinance No. 2331 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 TRANSFER OF FUNDS BETWEEN
BUDGET ITEMS IN THE ADOPTED FISCAL YEAR 2002-2003 BUDGET; AND
DECLARING AN EMERGENCY
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2331 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
19
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Frate, to hold a City Council
Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday,
July 15, 2003, to be followed by an Executive Session pursuant to A.R.S. 38-
431.03. The motion carried unanimously.
CITIZEN COMMENTS
Ms. Kathleen Lewis, a resident of the City of Glendale Cholla District and a
representative of the Glendale Citizens and Businesses for Responsible Development,
said she received numerous comments from people who watched the last meeting
wherein she addressed the issue of empty big-box stores. She said they were
interested in seeing an ordinance developed to address the issue. She stated
Glendale, as a leader in developing a big box ordinance, should also be a leader in
dealing with empty big boxes. She said the problem exists nationwide, noting several
conferences and symposiums are being held to discuss ways to address the issue.
She asked Mr. Beasley to contact her to further discuss the issue.
Mayor Scruggs reported Councilmember Clark brought the issue forward at the
last Council workshop, noting she further expanded it to include other vacant shopping
centers and stores located throughout the city. She asked Mr. Beasley to send a letter
to Glendale Citizens and Businesses for Responsible Development explaining how the
issue will proceed through the city processes.
Ms. Debra Kist, a resident of the City of Glendale Barrel District, thanked the
Council for the spectacular 4th of July show. She asked if the Northern Crossings' Wal-
Mart will receive any incentives, tax breaks or developer fees and, if so, how much will
they receive. She reiterated their request for a police substation at Northern Crossings.
She commented on the large turnout at the June 28 community meeting about a
proposed Wal-Mart Supercenter. She asked if a special use permit is required because
of the store's size. She asked why they need another Wal-Mart Supercenter,
suggesting they try a different type of development, such as an executive or business
center.
Mayor Scruggs asked Mr. Beasley to respond to Ms. Kists' comments and
questions. She clarified Wal-Mart will develop the parking lot area, but Mr. Ellman is
still the developer.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked
Council for the 4th of July show. He stated he believes the Council has the city's best
interest at heart and he appreciates the fact that the Council respects the opinions of
the citizens who speak before it. He urged Council to work to establish and maintain
good relations with other west valley cities, stating a unified front will help Glendale and
20
the west valley better compete with Phoenix and other east valley cities. He said
Glendale and the west valley need to come into their own and realize that they are not
dependent upon Phoenix.
Mr. Rick Tannehill, a resident of the City of Glendale Barrel District, stated the
time has come for a big box restoration ordinance. He said, while there are other
vacancies throughout the city, the big box stores create the biggest eye sores. He
noted Gilbert passed an ordinance restricting the location of big box stores and Keno
Hawker is pressing for an ordinance similar to that being proposed by Glendale
Residents and Businesses for Responsible Development. He said for the past two
years their group has lobbied for bonding of all big box tenants and stores for
redevelopment and retrofitting; placing an additional property tax on the property 90
days after closing; and building in retrofit items to allow the building to be split into
smaller stores once vacated. He asked Council to direct staff to start looking at a
restoration ordinance.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark thanked Special Events staff for the outstanding 4th of July
fireworks display and family event. She announced a Northern Avenue Parkway open
house will be held July 10 at Desert Garden Elementary School, providing the public
with an opportunity to review the concepts and design plans.
Councilmember Lieberman also thanked staff for the fireworks display and
commented on the wonderful relationship that exists between Glendale Community
College and the city. He announced the Glendale Adult Center will celebrate its grand
opening July 15.
Vice Mayor Eggleston encouraged everyone to attend the Adult Center's Grand
Opening ceremony, noting it will begin at 9:00 a.m.
Councilmember Frate announced a meeting will be held on July 10 to educate
Glendale citizens on the West Nile Virus and what the city is doing to prevent and
prepare for problems. He urged people to watch children around water.
Mayor Scruggs discussed the joint meeting that was held earlier in the day
between ASU West and the City Council. She said Dr. Crow, President of ASU, asked
to meet with the City of Glendale for the purpose of sharing his vision and getting the
city's input on how the two entities can work together in partnership. She noted Dr.
Crow predicted ASU will eventually be the largest public university in the United States,
with the majority of its growth occurring at the west and east campuses. She explained
the city updated Mr. Crow on the projects that are currently underway and educated him
on the city's development interests and key objectives. She said Dr. Crow was
extremely impressed with the city's presentation.
21
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 p.m.
Pamela Hanna - City Clerk
22