HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/27/2004 (3) MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JULY 27, 2004, 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; Jon Paladini, Interim 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 nine resolutions and five
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 REGULAR JULY 13, 2004 AND SPECIAL
JULY 13, 2004 CITY COUNCIL MEETINGS
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the Regular July 13, 2004 and Special July 13, 2004 City
Council meetings, as each member of the Council had been provided copies in
advance, and approve them as written. The motion carried unanimously.
PROCLAMATIONS AND AWARDS
SLOW DOWN CLOWN TROUPE AWARDS TO MAYOR AND CITY COUNCIL
Members of the city's Slow Down Clown Troupe would like to present the Mayor,
City Council and City Manager with recognition awards for their vision and support of
traffic safety education programs for residents of all ages throughout the community.
One of Council's goals is Ensuring Public Safety and Awareness. As part of that,
the city launched the "It's Our Town, Please Slow Down" Traffic Safety Program in
1997. The Clown Troupe's efforts were in response to that campaign and to the need
for community education and involvement. Community education, in partnership with
enforcement and engineering, provided a critical component in the success of that
public safety effort.
Because of the support shown by the Mayor, the City Council, and the City
Manager, the city's volunteer Slow Down Clown Troupe has contributed the following
since its inception in 1999:
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Approximately 140 different city of Glendale employees have donated
44,000 hours, at an estimated value of $750,000, to approximately
20,000 third graders (Slow Down Friday) at Glendale's 40 elementary
schools and other safety related events.
There has been no previous action on this item; however, previous Council and
City Manager involvement has been to support the Slow Down Friday Traffic Safety
Program since its inception in 1999.
Members of the Clown Troup presented the Mayor, the City Council and the City
Manager with specially designed and numbered recognition awards for their continued
support.
BOARDS AND COMMISSIONS
This is a request for the City Council to approve the recommended appointments
to the following commissions that have a vacancy or expired term.
Arts Commission
Markowitz, Jacqueline Sahuaro Appointment 07/27/2004 08/23/2006
Community Development Advisory Committee
Gonzales, Pedro CAP Board Re-appointment 07/27/2004 09/23/2006
(Ocotillo)
Ortega, Cheryl CAP Board Re-appointment 07/27/2004 09/23/2006
(Ocotillo)
Library Advisory Board
Luizer, Edward Barrel Appointment 07/27/2004 04/13/2006
Public Safety Personnel Retirement System/Fire Board
Manor, Mark Re-appointment 07/27/2004 07/01/2008
The recommendation was to make appointments to the commissions.
It was moved by Martinez, and seconded by Eggleston, to appoint the
applicants listed above, for the terms listed above, to the Arts Commission, the
Community Development Advisory Committee, the Library Advisory Board, and
the Public Safety Personnel Retirement System/Fire Board. The motion carried
unanimously.
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CONSENT AGENDA
Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 8 and Ms.
Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 9 through
14 by number and title.
Councilmember Joyce Clark requested item no. 4 be heard separately.
1 . AMENDMENT TWO: PROFESSIONAL SERVICES AGREEMENT FOR
ARROWHEAD RANCH WATER RECLAMATION FACILITY NITROGEN
REMOVAL ENHANCEMENTS PHASE II
This is a request for City Council approval of amendment number two to the
professional services agreement with Carollo Engineers for engineering services for the
final phase of improvements to enhance the nitrogen removal treatment process at the
Arrowhead Ranch Water Reclamation facility. The project components include a cover
to protect the disinfection equipment and the treated effluent, new filters to remove very
small plastic particles from the effluent, and computer program changes to support the
required improvements.
The Arrowhead Ranch Water Reclamation facility produces treated effluent for
irrigation of golf courses and green belts in the Arrowhead Ranch area. The facility also
recharges effluent into the ground during the winter months when irrigation demands
are low. The recharge process requires the highest degree of effluent treatment the
State of Arizona regulates.
On July 8, 2002, Carollo Engineers was retained to prepare a study that
developed the needed improvements for the facility and prioritize them into two phases
to accommodate available funding. On October 22, 2002, the Council approved
amendment one for Phase I of the improvements, which included back up recycle
pumps, permanent backflow in the treatment basins and revisions to the treatment plant
and computer programs to support the improvements.
Effluent with lower nitrogen levels can be pumped into the ground for storage.
This gives the city greater flexibility with an assured water supply program, a year-round
water supply for the irrigation lakes, and the daily operations of the facility.
No additional staff will be required to operate the new equipment at the facility.
The total amount of this amendment is $99,470. Funds are available for this work in
Arrowhead WWRF, Account No. 50-9261-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $99,470
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Account Name, Fund, Account and Line Item Number:
Arrowhead WWRF, Account No. 50-9261-8330
The recommendation was to approve amendment number two to the
professional services agreement with Carollo Engineers, in the amount of $99,470.
2. PROFESSIONAL SERVICES AGREEMENT FOR CITY ATTORNEY
EXECUTIVE SEARCH
This is a request for City Council approval of a professional services agreement
with The Mercer Group, Inc. to conduct an executive search to fill the vacant City
Attorney position.
Selection and appointment of a City Attorney to represent the city in all legal
proceedings is consistent with Council policy and the City of Glendale's City Charter.
The Human Resources Department received three proposals for the provision of
professional services in the executive search for a City Attorney. Ms. Alma Carmicle,
Human Resources Director, presented the proposals to the City Council at their June 1,
2004 workshop. The Council approved The Mercer Group, Inc. as the consulting firm
for the City Attorney search and directed staff to obtain an agreement from the
consulting firm for review with the Mayor and Council.
The City Council reviewed proposals from the consulting firms of Oldani,
MAXIMUS and The Mercer Group, Inc. during the June 1, 2004 workshop, and directed
staff to proceed with the development of a professional services agreement with The
Mercer Group, Inc. At their July 20, 2004 workshop, the City Council reviewed the
professional services agreement with The Mercer Group, Inc. and directed staff to bring
it forward for formal Council action at the July 27, 2004 regular City Council Meeting.
Cost for professional services by The Mercer Group, Inc., as outlined in the
professional services agreement before the Council, is not to exceed $19,000.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$19,000 $19,000
Account Name, Fund, Account and Line Item Number:
City Attorney Professional and Contractual, 01-1510-7330
The recommendation was to approve the professional services agreement with
The Mercer Group, Inc. in an amount not to exceed $19,000.
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3. AUTHORIZATION TO FILE A PETITION FOR REVIEW TO THE ARIZONA
SUPREME COURT IN LONG v. CITY OF GLENDALE
This is a request for the City Council to authorize the Interim City Attorney to file
a petition for review with the Arizona Supreme Court regarding the Long v. City lawsuit.
Twenty years ago, John F. Long deeded three parcels of property to the city of
Glendale for airport and municipal purposes. In January of 1998, after proper public
notice and hearing, the Airport Master Plan was updated. This update deleted a
proposed second runway on one of the parcels. In 2001 , the city leased property
adjacent to the airport to Ryan Companies for commercial development. Mr. Long then
sued the city, alleging that commercial development on the parcel precluded
construction of a second runway. Mr. Long claimed that the purpose of his original
grant was thwarted and, therefore, the parcel had to be reverted back to his ownership.
The trial court dismissed Mr. Long's lawsuit, finding that, among other reasons,
the statute of limitations and the statute of frauds barred the claim. Mr. Long appealed
this decision and the Court of Appeals issued its opinion on June 29, 2004. That
opinion held that Mr. Long's claim was not barred by the statute of limitations because
Mr. Long did not "realize" that the change to the Airport Master Plan had occurred,
despite public notice and public hearings conducted by the city in accordance with
Arizona law. This opinion eliminates the legal certainty of government decisions by
subjecting those decisions to challenges for an unknown number of years afterward.
The recommendation was to authorize the Interim City Attorney to file a petition for
review with the Supreme Court on the Court of Appeals' June 29, 2004 opinion.
5. RENEWAL OF PATIENT TRANSPORT CONTRACT WITH SOUTHWEST
AMBULANCE INC.
This is a request for the City Council to renew the patient transport contract with
Southwest Ambulance Inc. The new contract has been renegotiated to provide an
enhanced level of service, and additional revenue to Glendale to support emergency
medical service delivery.
This agreement promotes the Council priorities of enhancing the quality of life in
Glendale and ensuring public safety and awareness.
The City of Glendale is able to provide ambulance transportation service by
contracting with a private company. Southwest Ambulance Inc. has been Glendale's
ambulance service provider for 18 years. It's positive working relationship with
Glendale, proven level of service, and sound fiscal condition are advantageous to
Glendale. The contract has been renegotiated to enhance the level of service provided
and generate additional revenue for emergency medical services in the city. Other
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ambulance service providers have been considered, but do not offer a level of service
and stability as favorable as Southwest Ambulance.
Representatives from Southwest Ambulance and the City's Fire Department staff
have renegotiated the existing contract to include additional services and revenue
enhancements. This item was discussed at the July 20, 2004 Council workshop.
In addition to receiving regular ambulance service, the community will benefit
from the addition of two training ambulances that will be used for training new medics,
and they will be available for added coverage at sports venues and large city events.
Additionally, Southwest Ambulance will provide paramedics on all Glendale-based
ambulances, and provide the medical equipment and supplies used at emergency
medical scenes.
The combined effect of the new contract will provide a minimum estimated
S513,057 in new revenue per year, to enhance emergency medical service delivery and
provide staff support to the Fire Department.
The first year of the contract will include the one-time purchase of equipment for
the training ambulances, which will result in $78,989 in costs not recovered through
contract revenue. Thereafter, revenue and cost projections indicate that the contract is
self-supporting, covering the costs of its own operations, including the addition of two
full-time employees (FTEs) to support the paramedic training and Emergency Medical
Services programs.
A contingency transfer of appropriation in the amount of $714,046 is needed to
implement this contract in Fiscal Year 2004-05: $459,146 ongoing and $254,900 one-
time. $122,000 of the one-time appropriation will be offset by capital lease
proceeds, leaving a net one-time cost to the city of $132,900.
Account Name, Fund, Account and Line Item Number:
A separate division will be created in the Fire Department for this program.
The recommendation was to waive reading beyond the title and authorize the
City Manager to renew the contract with Southwest Ambulance Inc. for ambulance
transportation and the training ambulance program.
6. REQUEST FOR AUTHORITY TO SPEND FILL THE GAP GRANT MONIES
This is a request for the City Council to authorize City Court to spend $69,000 of
the Court's Fill The Gap grant monies in order to provide improvements to court
automation and case processing. These funds have been awarded by the Arizona
Supreme Court's Administrative Office of the Courts. The amount of $42,000 will be
used for installation and maintenance of the AZTEC Wizard technology. The amount of
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$27,000 will be used to fund one Criminal Data Entry Operator. This staff person will
enter and update criminal case data information, prepare files, and archive records.
This request addresses the City Council's strategic priority of Leveraging
Technology for Efficiency and Convenience. The AZTEC Wizard application provides a
front-end to the Supreme Court's AZTEC case management system to increase
functionality for all court personnel. The technology will allow real-time criminal case
processing in the courtrooms. This includes more efficient forms generation, diversion
program tracking, electronic notification to providers and a payment contract module for
monetary sentence compliance.
Fill The Gap funds were created upon passage of Senate Bill 1013 in 1999 to
provide aid for Arizona prosecutors, public defenders, courts and the Attorney General
to enhance criminal case processing. The long-term goal of Fill The Gap is to bring
case processing in line with the time standards developed by the Arizona Supreme
Court. The funds addressed in this Council Communication have a project duration of
July 1, 2004 through June 30, 2005.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$69,000 $69,000
Account Name, Fund, Account and Line item Number:
Fill the Gap Account No. 72-7330-1413
The recommendation was for the City Council to grant the City Court the
authorization to spend $69,000 of its Fill The Gap grant monies as described herein.
7. EMERGENCY PROCUREMENT OF A COMMUNICATIONS AND COMMAND
VEHICLE
This is a request for the City Council to approve the use of $600,000 in
Homeland Security grant funds to begin the pre-specification planning and emergency
purchase of a command and interoperability vehicle from Durham Communications.
Durham Communications was recently awarded state contract #M4-0027 from the
Arizona Department of Emergency Management to build four similar vehicles and the
vendor has extended the same terms and conditions of the contract to the City of
Glendale.
The procurement of the command and communication vehicle will help protect
the health and safety of citizens and first responders. This purchase will allow the
Police Department the ability to have key decision makers together within an area that
has the critical databases and resources for supporting an emergency situation, as well
as being able to provide the interoperability (communication) equipment required for
first responders to communicate at the scene.
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The Police Department does not currently have the ability to communicate with
the Fire Department, as well as with other responding agencies to emergencies in
Glendale. This vehicle will provide those communication linkages.
The formal procedure for procuring a vehicle requires either a formal invitation to
bid (IFB) or a request for proposal (RFP) that, at minimum, takes four to five months.
The construction of the vehicle is anticipated to take an additional six months.
The Police Department has been awarded a FY03 homeland security grant in
the amount of $600,000 to be utilized to purchase a communication vehicle. The grant
funding must be expended and a request for reimbursement issued by March 31, 2005.
The eight-month period remaining until March 31, 2005 is not long enough to meet the
formal purchasing requirements as well as complete the construction of the vehicle.
The Police Department believes an emergency situation exists due to interoperability
deficiencies and that it is in the city's best interest to expedite the procurement process
in order to purchase a communication vehicle.
The Arizona Department of Emergency Management, using a competitive
process, recently went out to bid (RFP) for interoperability vehicles for homeland
security. The specifications covered a wide variety of essential vehicles and equipment.
The State contract (#M4-0027) was awarded to Durham Communications. Durham
Communications has extended to the City of Glendale the same terms and conditions
of the State contract.
The Police Department believes the contract price that was awarded to Durham
Communications by the Arizona Department of Emergency Management is fair and
reasonable and a better price than if the city were to purchase a similar vehicle on its
own. The Police Department wants to use Durham Communications to ensure the
equipment purchased is compatible and has commonalities with the State's
interoperability vehicles.
The Police Department's FY03 Homeland Security Grant of $600,000 was
earmarked for the purchase of an interoperability vehicle. The total cost to construct
and equip the vehicle is $1.2 million. In order to meet the necessary timetable for
construction of the vehicle, the department needs the Council's emergency approval for
using the initial $600,000 to begin the contract process, and to prepare the planning
and specifications for the vehicle with Durham. The department expects to receive, in
the next 30-60 days, an additional $600,000 from an FY04 Homeland Security Grant.
Once that grant is received, the Police Department would return to Council for approval
to complete the full purchase and construction of the vehicle.
The Police Department will not enter into any contractual agreements for funds
not yet awarded and will return to Council when the second grant is awarded.
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The health and safety of Glendale is greatly enhanced when first responders can
communicate and work in a unified structure at an incident with other city disciplines
during a multi-jurisdictional response.
The Police Department will incorporate $123,000 into a budget supplemental in
Fiscal Year 2005-06 for ongoing expenses associated with the communication vehicle's
operating and maintenance costs and will put the vehicle into the replacement fund (10
years) for refurbishing and remodeling (not intended for full replacement cost). Any
expenses occurred in Fiscal Year 2004-05 will be absorbed by the Police Department's
existing operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$600,000 X X X $600,000
Account Name, Fund, Account and Line Item Number:
Homeland Security Grant Funds, 47-7561-8400 - $70,000
Homeland Security Grant Funds, 47-7718-8400 - $230,000
Urban Area Security Grant Funds, 47-7693-8400 -$300,000
The recommendation was to approve the emergency purchase of a
communications and command vehicle from Durham Communications in an amount not
to exceed $600,000 and approve using the terms and conditions of the state contract
#M4-0027 from the Arizona Department of Emergency Management.
8. AWARD OF BID FOR FIRST RESPONDER PERSONAL PROTECTION KITS
This is a request for the City Council to award a bid to Aramsco for the purchase
of 1,000 Weapons of Mass Destruction (WMD) chemical protective clothing response
kits for a total cost of $278,898. The Glendale Police Department is purchasing the
personal protection kits for first responders.
The City of Glendale took solicitations for 1,000 WMD kits under Invitation For
Bid (IFB) 04-29. The deadline for bid submittals was 2 p.m. on June 14, 2004. Seven
bids were received. The lowest responsive bid that met the specifications as listed in
the solicitation was Aramsco at $258 per unit.
This equipment will ensure the protection of the city's police personnel and other
first responders when working at a WMD incident. Increased protection for first
responders' results in increased public safety for the community as a whole.
WMD kits will be paid for out of the Fiscal Year 2003 Urban Area Security
Initiative Grant II awarded to the city.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$278,898 $278,898
Account Name, Fund, Account and Line item Number:
47-7718-7520
2003-EU-T3-001
The recommendation was to award the bid for 1 ,000 WMD personal protection
kits to Aramsco in the amount of $278,898 (taxes included).
CONSENT RESOLUTIONS
9. ARIZONA DEPARTMENT OF PUBLIC SAFETY VICTIM OF CRIME ACT
GRANT AWARD
This is a request for the City Council to accept the Arizona Department of Public
Safety Victim of Crime Act (VOCA) renewal grant award for Fiscal Year (FY) 2004-2005
in the amount of $106,997.
These funds support services provided to victims of crimes as authorized by the
Victims of Crimes Act. These services include support for victims of domestic violence
and sexually motivated crimes. Programs supported by this grant will continue to
promote the West Valley Advocacy Center as a place of hope and aid to the victims of
crime.
This grant will assist the Glendale Police Department in providing assistance to
victims of crimes in the City of Glendale.
The VOCA grant requires a percentage match, which equates to $26,749. As in
years past, the match of $26,749 comes from the lease payment the Police Department
pays for the West Valley Advocacy Center.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $133,746
Account Name, Fund, Account and Line Item Number:
Victims of Crime Act (VOCA) Grant Account 47-7652 - $106,997
West Valley Advocacy Lease Payment -01-3230-7810 — $26,749
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an agreement with the Arizona Department of
Public Safety Victims of Crime Act, accepting the grant renewal in the amount of
$106,997.
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Resolution No. 3779 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING THE GRANT RENEWAL OFFER FROM THE
ARIZONA DEPARTMENT OF PUBLIC SAFETY, VICTIM OF CRIME ACT (VOCA),
FOR FISCAL YEAR 2004-2005; AND AUTHORIZING THE EXECUTION OF ANY AND
ALL NECESSARY DOCUMENTS.
10. NEW RIVER/AGUA FRIA UNDERGROUND STORAGE PROJECT
This is a request for the City Council to adopt a resolution authorizing the
entering into of an intergovernmental agreement for participation in the New River/Agua
Fria Underground Storage Project (NAUSP); and to authorize the expenditure of funds
relating to Glendale's participation in the NAUSP. Participation in the NAUSP will allow
the city to meet the statutory requirements that by 2025 every gallon of groundwater
pumped must be either naturally or artificially replenished.
Maximizing the use of Glendale's available effluent supplies through recharge
activities will assist the city in maintaining its designation of assured water supply, which
is necessary for continued growth and development within the city's water service area.
The expansion of Glendale's West Area Water Reclamation Facility, from a
capacity of 4.3 million gallons per day (4,817 acre-feet per year) to 10 million gallons
per day (11,201 acre-feet per year), has necessitated the city to secure additional water
storage capacity.
The NAUSP will operate under an intergovernmental agreement among the
partners.
The NAUSP is currently projected to have an ultimate annual storage capacity of
75,000 acre-feet. As a partner owning 20% of this project, this will provide Glendale
with 15,000 acre-feet of recharge capacity per year.
Project construction will be completed in two phases. The first phase of
construction is expected to be complete by mid-year 2005.
Glendale's participation in the NAUSP was reviewed by the Council at the July 6,
2004 workshop.
The Utilities Department and Black & Veatch Consultants presented the city's
Comprehensive Water System Master Plan to Council at four workshop sessions during
October through December of 2003. The plan contained a recommendation to
increase the city's recharge capacity to accommodate the additional effluent flow from
the expanded West Area Water Reclamation Facility.
The NAUSP has been in the Glendale Capital Improvement Plan since 2002.
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Effluent is a significant part of the city's plan to ensure that it has sustainable
water resources to meet current and future water demand. The city's participation in
the NAUSP facility will allow Glendale to artificially recharge and store the additional
effluent that will be generated from the expansion of the West Area Water Reclamation
Facility. The water storage credits earned as a result of recharging the effluent can be
used to meet the city's statutory requirements by offsetting Glendale's groundwater use.
Glendale has a capital improvement budget for this project of $3,737,247 over
Fiscal Years 2004-2005 and 2005-2006. These funds are available in the New River/
Agua Fria Underground Storage Project Capital Improvement Program Account No.
83-9280-8320. Funds not expended for this project will remain in the Water/Sewer
Capital Improvement Program.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement for
participation in the New River/Agua Fria Underground Storage Project; and to authorize
the expenditure of funds relating to Glendale's participation in the NAUSP.
Resolution No. 3780 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 SALT RIVER VALLEY WATER
USERS ASSOCIATION, SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT
AND POWER DISTRICT, THE CITIES OF AVONDALE AND CHANDLER FOR THE
NEW RIVER AGUA FRIA RIVER UNDERGROUND STORAGE PROJECT.
11. REQUEST FOR INTERGOVERNMENTAL AGREEMENT WITH MARICOPA
COUNTY SUPERIOR COURT FOR JURY SERVICES
This is a request for City Council authorization to enter into an intergovernmental
agreement with the Maricopa County Superior Court to provide the City Court with
qualified jurors for jury trials.
The Superior Court has provided jury services based on similar agreements
since 1993.
The agreement includes a $1,500 one-time fee, a $1.25 charge for printing and
postage for each juror questionnaire and summons, and reimbursement for jurors'
mileage. Funds are available in City Court operational budget, 01-1410-7920. The
total cost for jury services is estimated to be $8,335. The agreement will be in effect
from July 1, 2004 to June 30, 2005.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$8,335 $8,335
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Account Name, Fund, Account and Line Item Number:
City Court Operational Budget 01-1410-7920
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement with the
Maricopa County Superior Court to provide the Glendale City Court with qualified jurors
for jury trials.
Resolution No. 3781 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 SUPERIOR COURT OF
ARIZONA IN MARICOPA COUNTY FOR JURY SERVICES.
12. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR THE
SPECIAL TRANSPORTATION SERVICES PROGRAM
This is a request for City Council authorization to enter into an Intergovernmental
Agreement with the Maricopa County Human Services Department to provide elderly
and disabled Glendale citizens with transportation services for medical and social
service appointments outside the City of Glendale for Fiscal Year (FY) 2004-05.
Community Development Block Grant (CDBG) funds will be utilized for this activity.
The City Council identified senior programs as one goal to be addressed through
CDBG funding. This program will help elderly and disabled individuals by providing
transportation outside Glendale city limits to get to needed medical care or attend social
service activities.
Glendale has partnered with Maricopa County Human Services Department for the
Special Transportation Services (STS) Program to provide trips to eligible Glendale low-
income elderly and disabled for appointments outside Glendale city limits. The program
is used for medical and dialysis appointments, adult day care, social services, and other
related services. Door-to-door service will be provided and all qualified Glendale
residents are eligible for this service. The STS Program will continue to work closely
with Glendale Dial-a-Ride in providing the most efficient transportation service for
Glendale residents.
The Community Development Advisory Committee (CDAC) presented its funding
recommendations to the Council at the March 2, 2004 workshop. After the 30-day
public comment period and public hearing, the Council formally adopted the CDAC's
funding recommendations for FY 2004-05 at the April 13, 2004 Council meeting.
Since 1997, this service has provided over 15,000 trips to Glendale citizens. In
FY 2004-05, a projected 1,783 passenger trips will be provided. This program provides
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an alternative for transit-dependent elderly and disabled individuals who generally
cannot use public transportation because of health problems.
Council approved funding for this project during the adoption of the FY 2004-05
CDBG Annual Action Plan. These funds will be utilized for the operational costs of the
program, including fuel and vehicle maintenance.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$10,000 $10,000
Account Name, Fund, Account and Line Item Number:
Community Development Block Grant Fund 11-7375-7330
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to enter into an Intergovernmental Agreement
with Maricopa County for the Special Transportation Services Program.
Resolution No. 3782 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 MARICOPA COUNTY HUMAN
SERVICES DEPARTMENT FOR A SPECIAL TRANSPORTATION SERVICES
PROGRAM.
13. TRANSPORTATION ENHANCEMENT FUND GRANT APPLICATION FOR 63rci
AVENUE/LOOP 101 BICYCLE/PEDESTRIAN BRIDGE
This is a request for City Council authorization to submit and accept an Arizona
Department of Transportation, Transportation Enhancement Funds Program grant. The
grant would be used to construct a proposed bicycle/pedestrian bridge over Loop 101 at
63rd Avenue.
Council has prioritized public safety, development and implementation of
transportation options, and enhancements to the quality of life for Glendale residents.
This proposed bicycle/pedestrian bridge would provide safe access over Loop 101, an
important link in the City of Glendale's bicycle system.
In November of 2001, Glendale voters approved the half-cent transportation
sales tax package, including a ballot map of bicycle and pedestrian projects, which
identified a crossing of Loop 101 at 63rd Avenue. The City of Glendale's Capital
Improvement Program (CIP) has established funding to construct the bicycle/pedestrian
bridge. A commitment was made to the voters in the election package to seek
matching funds for half-cent sales tax projects.
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On November 25, 2003, the Council approved the following two items: The
Glendale Onboard (GO!) Transportation Annual Report and 25-Year Program that
includes the bicycle/pedestrian bridge, and the design concept for a bridge under the
Loop 101 frontage roads as a part of the proposed bicycle/pedestrian bridge.
On January 13, 2004, the Council approved a professional services agreement with
Parsons Transportation Group to include a conceptual design of the bicycle/pedestrian
bridge to minimize the reconstruction of the noise wall between 67th and 59th Avenues
on Loop 101.
The proposed crossing would provide a safe route over Loop 101 for adults and
children who currently must use busy arterial crossings. The crossing would also
provide a critical link to expand the continuity of the city's bicycle system.
Glendale residents attended public meetings held in three areas of the city in
2002 and 2003 to review and comment on all GO Program projects. Public notice of
meetings included mailings to all city households and notices in local newspapers.
Meetings were well attended and citizens provided comments regarding the design and
location of the proposed bicycle/pedestrian bridge.
On February 27, 2003, a meeting was held at the Foothills Public Library for the
public to review two proposed design options for the proposed bicycle/pedestrian
bridge. Approximately 25 Glendale residents attended and provided responses to
survey questions regarding the proposed project.
On July 9, 2003, the city's Transportation Department staff met with
approximately 15 residents of the Enclave neighborhood located near the project site to
discuss design options for the proposed bridge. Comments by the residents have been
taken into consideration in the design of this project.
At the September 4, 2003 Citizens Transportation Oversight Commission
(CTOC) meeting, approximately 15 representatives from the Glendale Bicycle Advisory
Committee and two regional bicycle clubs expressed their support for this project.
The total cost of this project is $3,073,000. The grant request is for $1,489,000,
which is 48 percent of the total cost. The city's cash match of $1,584,000 will come
from Transportation Fund 25-9495-8300 in FY 05-06. If the city is awarded the grant,
federal matching funds will not be obligated until 2007.
Grants Capital Expense One-Time Cost Budgeted Unbudgete Total
d
$1 ,489,000 $1,584,000 X $3,073,000
Account Name, Fund, Account and Line Item Number:
Transportation Fund 25-9495-8300
15
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission and acceptance of the Arizona Department of
Transportation, Transportation Enhancement Funds Program grant; and authorizing the
required matching fund.
Resolution No. 3783 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
DEPARTMENT OF TRANSPORTATION TO CONSTRUCT A PROPOSED
BICYCLE/PEDESTRIAN BRIDGE OVER LOOP 101 AT 63RD AVENUE; AND
AUTHORIZING THE ACCEPTANCE OF SAID GRANT IF AWARDED.
14. TRANSPORTATION ENHANCEMENT FUND GRANT APPLICATION FOR
ALLEY IMPROVEMENTS ADJACENT TO THE OLD ROMA RESTAURANT
This is a request for the City Council to approve a federal Transportation
Enhancement Fund Round XII application and to accept the grant if awarded. This
project would transform the existing alleyway, located between Glendale Avenue and
Glenn Drive, 1/2 block east of 58th Avenue (adjacent to the Old Roma Restaurant), into a
more pedestrian-friendly walkway and greenspace. The project will connect with the
existing Park Promenade leading to the City Hall Complex. Enhancements will include
installation of decorative brick paving, public art, seating areas, enhanced landscaping,
and pedestrian safety lighting and destination signage.
This project will advance the City Council's goal of continuing the revitalization of
the downtown area and acquiring alternative funding sources to achieve this goal.
The downtown business community and the city have worked together to
improve pedestrian accessibility of the downtown area and provide enhanced amenities
that attract local residents and tourists into the area. This project would advance that
effort by bringing this alley into conformance with the pedestrian improvements being
implemented in other Catlin Court Historic District alleyways using a previous
Transportation Enhancement grant. This project is ranked third by the Maricopa
Association of Government's review committee and will be recommended to the
Arizona Department of Transportation's Review Committee for funding.
This project is a resubmission of an unsuccessful Transportation Enhancement
Fund Round XI application approved by the City Council in FY 2004. This project has
been reviewed with business owners and residents of the downtown area and the
application includes several letters of support. The proposed enhancements will
conform to the City Center Master Plan and applicable downtown design guidelines.
The project will encourage people to walk to the shops and other attractions
located near this project site. The project will provide safer, more comfortable
16
pedestrian linkages between Glendale Avenue, Glenn Drive, nearby public parking, the
Civic Center, area museums and restaurants, and City Hall.
City staff has been working with downtown business owners to improve
pedestrian access to the downtown area. This project has been presented during
meetings with downtown area stakeholders in 2003 and 2004. They were asked to
review the project plan and provided suggestions and recommendations that were
incorporated into the application. Interested parties will have numerous opportunities to
participate in the final design phase of this project.
This grant opportunity provides an alternative funding source for a project the
City Council and downtown area stakeholders would like to see completed. The total
project cost estimate is $756,982. The city match is $256,982, coming from the
following sources (included in this year's budget):
• $76,982 from the GO Program Downtown Pedestrian Enhancement
Project Account 25-9467-8300;
• $150,000 from the Old Roma Alley Project account 25-T095; and
• $30,000 from the Grant Matching Pool Account 47-7075-7000.
The recommendation was to waive reading beyond the title and adopt a
resolution approving the Arizona Department of Transportation's Transportation
Enhancement Funds Program application described herein, authorizing the required
matching funds and the acceptance and implementation of the grant in accordance with
all applicable federal, state and local regulations, policies and Transportation
Enhancement Fund guidelines.
Resolution No. 3784 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 AN APPLICATION AND
MATCHING FUNDS TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR
A TRANSPORTATION ENHANCEMENT FUND GRANT TO IMPROVE AND
ENHANCE THE OLD ROMA ALLEY; AND AUTHORIZING THE ACCEPTANCE OF
THE GRANT IF AWARDED.
Mayor Scruggs opened the public hearing on Consent Agenda Items No. 1
through 3 and 5 through 14.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed
his opinion that Long vs. City of Glendale should not be appealed, stating the city gave
its word to Mr. Long. He said people who are generous enough to donate land to the
city should have confidence that the wishes under which they deeded the land will be
followed. With regard to the investment advisory firm, he asked that the public be
allowed to see the scoring of the firm. He stated Southwest Ambulance does a great
17
job and their employees should be well compensated. He expressed concern about the
bid for the personal protection kits, asking if the bid represents the highest quality
equipment or simply the lowest price. He spoke about the low pay jurors receive,
stating, while it is a civic duty, the low pay often makes it impossible for some citizens to
participate. He thanked the city for transportation for its elderly citizens. He said the
bridge for bicycles is a great idea.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1, 2, 3, and 5 through 14,
including the approval and adoption of Resolution No. 3779 New Series,
Resolution No. 3780 New Series, Resolution No. 3781 New Series, Resolution No.
3782 New Series, Resolution No. 3783 New Series, and Resolution No. 3784 New
Series. The motion carried unanimously.
4. AWARD OF PROPOSAL 03-34, INVESTMENT ADVISORY FIRM
Mr. Art Lynch, Chief Financial Officer, presented this item.
This is a request for the City Council to approve the award to hire MBIA
Municipal Investors Service Corporation as an investment advisory firm.
Providing financial stability is addressed through ensuring that the city receives a
reasonable return on its investments, while focusing on safety of the funds invested.
The investment advisory firm monitors the marketplace for both the city's current and
proposed investments, ensuring that a high quality portfolio is always maintained.
Five proposals were received to hire an investment advisory firm. An evaluation
committee, consisting of staff from the Finance, Management and Budget, and Sales
Tax and License departments, reviewed the offers received. Specific evaluation criteria
included: experience of firm in providing service to the public sector, all associated fees,
qualifications of individuals assigned to the city's account, portfolio management
resources, reporting capabilities, and responsiveness to the proposal. The offer scored
highest by the committee was submitted by MBIA Municipal Investors Service
Corporation.
The city and its investment advisor operate under an investment policy adopted
by the Council by resolution in July of 1999.
Use of an investment advisory firm improves the quality of life for Glendale
citizens by increasing the financial resources available to fund budgeted services,
activities and projects.
This agreement shall begin upon approval by the City Council. The term of
agreement shall be for a three-year initial period upon approval by City Council. The
18
proposal specifications contain an option clause that will permit the city, with the
approval of the contractor, to extend the term of the agreement an additional two years.
Investment advisory services directly increase the return on city investments. Its
cost is netted against those earnings in the appropriate revenue accounts.
The fees for investment advisory services described above are charged on a
sliding scale in basis points, based on a percentage of assets under management and
are as follows:
Assets Annual Fee
First $30 million 7.0 basis points
Next $50 million 6.0 basis points
Over $80 million 5.0 basis points
At the city's typical portfolio balance of $131 million, this blended rate yields an
annual fee of $76,500. Using the peak portfolio balance of $269 million after the recent
bond sales, the fee would be $145,500.
The recommendation was to approve the award to hire an investment advisory
firm to MBIA Municipal Investors Service Corporation.
Councilmember Clark explained she pulled the item off the Consent Agenda so
they could bring light to the error on the tabulation sheet, although the error did not
change the number of points awarded to any of the proposers.
In response to Councilmember Lieberman's question, Mr. Lynch explained Mr.
Overdorff's firm acts as Bond Council for the city. He said the investment advisory firm
would act as an independent investment advisor, monitoring market activity and
advising where to buy investments.
It was moved by Clark and seconded by Frate, to approve the
recommended actions on Consent Agenda Item No. 4. The motion carried
unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTION
15. REZONING APPLICATION ZON04-05: CITY OF GLENDALE — 6835 NORTH
57H1 AVENUE
Mr. Jim May, Planning Manager, presented this item.
This is a request for City Council approval of Rezoning Application ZON04-05,
City of Glendale public safety/city court complex, located at 6835 North 57th Avenue.
19
The request is to rezone the property from C-3 (Heavy Commercial) to C-2 (General
Commercial).
The proposed rezoning is consistent with the General Plan and the new zoning
designation will bring the entire property into conformance with the General Plan.
The property is currently developed with the public safety/city court complex. No
changes are proposed to the public safety building or city court complex.
The requested rezoning would establish one zoning designation where two
currently exist and would reduce the intensity of use for the site should redevelopment
occur at some point in the future. Currently the northern half of the site is zoned C-2
(General Commercial) and the southern half is zoned C-3 (Heavy Commercial).
On May 20, 2004, the Planning Commission recommended approval of the
rezoning application.
The rezoning will bring the property into conformance with the General Plan and
it will be consistent with the surrounding properties in the area.
Fifty-five notification letters were sent on April 9, 2004. There was one telephone
call received in response to this request. It was explained to the caller that the
proposed zone change was only for the public safety/city court complex structure, not
the area surrounding the facility.
The recommendation was to conduct a public hearing and approve Rezoning
Application ZON04-05.
Mayor Scruggs opened the public hearing on Agenda Item No. 15. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Clark, to approve Rezoning
Application ZON04-05. The motion carried unanimously.
BIDS AND CONTRACTS
16. AWARD OF CONSTRUCTION CONTRACT - WATER DISTRIBUTION LINE
REPLACEMENT
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to award a construction contract to
Standard Construction, Inc. for replacement of existing aged and deteriorated water
lines in the area bounded by Glendale, 59th, Maryland and 63rd Avenues.
20
By replacing aging and deteriorating water lines within the project area,
unplanned water service disruptions and street closures caused by water main breaks
will be reduced. This will enhance the quality of life in the area and provide improved
customer service by minimizing water service outages.
In the March 2001 Water Distribution System Evaluation report, prepared by the
engineering consulting firm of CH2M-Hill, the area bounded by Glendale, 59th, Maryland
and 63rd Avenues was identified as the section with the highest priority for extensive
water line replacement due to the age and maintenance history of the existing water
lines.
On January 28, 2003, THE Council approved a professional services agreement
with the engineering firm of Entelius, Inc. to provide design and construction
administration services of replacement water lines for the project area. On July 8,
2004, three bids were received and opened. Standard Construction, Inc., a qualified
licensed contractor, submitted the lowest bid in the amount of $1,739,560.
After completion of the water line replacement work, water line breaks, water
service disruptions and road closures in the area should be less frequent. This will
benefit the community by providing a more reliable water supply, both for domestic and
fire protection use. The traveling public will also benefit by having fewer emergency
detours and road closures to deal with.
A public meeting will be held prior to the start of construction to provide
information on the project and the project schedule to area residents and property
owners. During construction a weekly or bi-weekly newsletter will be distributed to
provide ongoing details on work progress, updated work schedules and hotline phone
numbers which the public can use to obtain additional information and for emergency
and complaint reporting.
This project will result in the replacement of aging and deteriorating water lines;
therefore, the cost of maintenance of water lines in the project area should decrease.
The current construction market in the metropolitan area, coupled with the heavy
demand for construction materials in the overseas market, has resulted in project bids
coming in higher than anticipated during development of the engineer's estimates.
Replacement of many of the water lines within the project area is urgently needed and
adequate funding is available for the work in Water Line Replacements, Account No,
83-9249-8300. City staff considers it advisable to proceed with the project.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,739,560
Account Name, Fund, Account and Line Item Number:
Water Line Replacements, Account No. 83-9249-8300
21
The recommendation was to approve the award of the construction contract to
Standard Construction, Inc. in the amount of $1,739,560.
It was moved by Martinez, and seconded by Frate, to approve the award of
the construction contract to Standard Construction, Inc. in the amount of
$1,739,560. The motion carried unanimously.
17. PROFESSIONAL SERVICES AGREEMENT — PUBLIC SAFETY MULTI-USE
TRAINING FACILITY PHASE 1
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for City Council approval of a professional services agreement
with LEA-Architects, LLC for the master planning and preliminary engineering for the
Public Safety Multi-Use Training Facility. Phase 1 of the project will provide the needed
facilities to support the training of fire and police personnel. Primary facilities will
include classrooms, shooting ranges, drivers training track, fire training tower, mockups
of buildings, burn room, property/evidence facility, vehicle evidence storage lot, police
tactical facility, tactical storage, and a physical fitness track.
This training facility will meet the goal of ensuring public safety and awareness.
In the 1999 general obligation bond package, the City of Glendale Fire and
Police Chiefs identified a need for a Public Safety Multi-Use Training Facility in the
West Valley. The Valley's current training accommodations are at critical limits. The
growth of the metropolitan area, along with the projected attrition of personnel for the
next decade, has created the need for a regional training facility.
The city Engineering Department reviewed the database of over 100 consultants
and short listed three architectural firms with experience performing this type of work. A
committee comprised of Fire, Police, and Engineering Department staff, selected LEA-
Architects, LLC as the best-qualified firm for this project.
Staff held a series of meetings and identified a city-owned site for the project.
This site is located at 115th and Glendale Avenues, along the southwest corner of the
Glendale Landfill.
There will be public input during the development of the master plan.
Funds are available in Public Safety Bond Account 60-9421-7330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $398,500
22
Account Name, Fund, Account and Line Item Number:
Public Safety Multi-Use Facility, 60-9421-7330
The recommendation was to recommend award of the professional services
agreement with LEA-Architects, LLC in the amount of $398,500.
Councilmember Martinez asked why they did not send out an RFP. Mr. Broyles
explained that the city went through the database on qualifications contained in the
consultant database, which the Engineering Department maintains.
Mayor Scruggs opened the public hearing on Agenda Item No. 3.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he
strongly supports the new multi-use facility.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Clark, to award of the
professional services agreement with LEA-Architects, LLC in the amount of
$398,500. The motion carried unanimously.
18. PROFESSIONAL SERVICES AGREEMENT FOR 83RD AVENUE SEWAGE
LIFT STATION RELOCATION PROJECT
Mr. Larry Broyles, City Engineer, asked to present Items 18 and 19 together. The
City Council agreed.
This is a request for City Council approval of a professional services agreement
with Entellus for performance of engineering services needed to complete the design
and construction of a new sewage lift station within the 83rd Avenue right-of-way, north
of Bell Road. The existing sewage lift station located at the northeast corner of Bell
Road and the Loop 101 will be relocated and replaced with a new sewage lift station
equipped with odor control facilities.
One of Council's goals is promote new business investment in the community.
The relocation of the existing 83rd Avenue sewage lift station will fulfill the requirements
of the development agreement between the city and Traverse Bay Properties, allowing
a new luxury automobile dealership to be constructed at the northwest corner of 83rd
Avenue and Bell Road.
In July of 2003, the city finalized a development agreement with Traverse Bay
Properties to construct a new luxury automobile dealership at the property located at
the northwest corner of 83rd Avenue and Bell Road. One of the conditions of the
development agreement was for the city to remove and relocate the existing sewage lift
23
station near the southwest corner of the property to a location north of the property,
within and accessible by the city's 83rd Avenue right-of-way.
On April 13, 1999, the Council approved a professional services agreement with
Entellus for engineering design services for modification projects at the 67th and 83rd
Avenues sewage lift stations.
This project will be of benefit to the local community by allowing a new business
investment that will create employment opportunities for citizens and will generate new
sales tax revenues for our city. These revenues will, in turn, help fund various city
programs and services that benefit our residents.
The cost for Entellus to perform engineering services for the 83rd Ave Sewage
Lift Station Relocation Project will not exceed $683,558.30. Funds are available for this
project in Bell Rd. Lift Station, Account No. 84-8905-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $683,558.30
Account Name, Fund, Account and Line Item Number:
Bell Rd. Lift Station, Account No. 84-8905-8330
The recommendation was to approve the professional services agreement with
Entellus in the amount not to exceed $683,558.30.
It was moved by Eggleston, and seconded by Goulet, to approve the
professional services agreement with Entellus in the amount not to exceed
$683,558.30. The motion carried unanimously.
19. CONSTRUCTION MANAGER AT RISK AGREEMENT - 83RD AVENUE
SEWAGE LIFT STATION RELOCATION PROJECT
This is a request for the City Council to approve a construction manager at risk
agreement with the firm of PCL Civil Constructors, Inc. to provide design support
services for the 83rd Avenue Sewage Lift Station Relocation Project. The construction
manager at risk will assist the city and the design engineer, Entellus, in designing the
facilities. Additional services include conducting the bidding to establish the guaranteed
maximum price, budget and scheduling, and maintaining the project requirements.
One of Council's goals is promote new business investment in the community.
The relocation of the existing 83rd Avenue sewage lift station will fulfill the requirements
of the development agreement between the city and Traverse Bay Properties, allowing
a new luxury automobile dealership to be constructed at the northwest corner of 83rd
Avenue and Bell Road.
24
In July of 2003, the city finalized a development agreement with Traverse Bay
Properties to construct a new luxury automobile dealership at the property located at
the northwest corner of 83rd Avenue and Bell Road. One of the conditions of the
development agreement was for the city to remove and relocate the existing sewage lift
station near the southwest corner of the property to a location north of the property,
within and accessible by the city's 83rd Avenue right-of-way.
On May 20 and 27 of 2004, a notice of Request for Qualifications was advertised
in the Glendale Star for design support services. This notice was also sent to over 100
construction firms. Three proposals were received. A review board, comprised of staff
from the Engineering and Utilities Departments and an outside contractor, Centennial
Contractors, evaluated the proposals and selected PCL Civil Constructors, Inc. as being
the best-qualified firm to perform the pre-construction services needed on this project.
This project will benefit the local community, as a business investment that will
create new employment opportunities for citizens and will generate new sales tax
revenues for our city. These revenues, in turn, will help fund various city programs and
services that benefit our residents.
The cost of PCL Civil Constructors, Inc. design support services will not exceed
$81,888. Upon completion of the design, PCL Constructors, Inc. will develop a
guaranteed maximum price for construction of the improvements designed, and staff
will return to the Council for approval and authorization to proceed with construction.
Funds are available for this project in Bell Rd. Lift Station, Account No. 84-8905-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $81,888
Account Name, Fund, Account and Line Item Number:
Bell Rd. Lift Station, Account No. 84-8905-8330
The recommendation was to approve the construction manager at risk
agreement with PCL Civil Constructors, Inc. in the amount not to exceed $81,888.
It was moved by Lieberman, and seconded by Martinez, to approve the
construction manager at risk agreement with PCL Civil Constructors, Inc. in the
amount not to exceed $81,888. The motion carried unanimously.
20. PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES FOR CONSTRUCTION ADMINISTRATION AND INSPECTION
SERVICES
Ms. Debbie Burdette, ITS Manager, presented this item.
25
This is a request for City Council approval of a professional services agreement
with Kimley-Horn and Associates for construction administration and inspection
services related to the installation of fiber optic cable and intelligent transportation
systems (ITS) equipment needed to connect the arena signals and new cameras, the
Westside Public Safety Building, the Cholla Water Treatment Plant, and the Foothills
Library to the city communication backbone.
This project will help the city in meeting the Council strategic priority of
leveraging technology for efficiency and convenience. Installation of fiber optic cable at
the arena site will allow for the connection of the traffic signals on 91st, 93rd, and 95th
Avenues, as well as additional closed circuit television cameras (CCTV) to the newly
completed Traffic Management Center. This connection will provide for enhanced
monitoring and control of traffic signals, which will improve the efficiency of the site.
Incorporating the three additional city facilities onto the city fiber network will allow the
Information Technology Department to abandon the use of leased lines from private
providers.
A request for Statements of Qualifications (SOQ) to perform ITS on-call services
was sent to 14 engineering firms on the city's pre-qualified list and public
announcements were made in the Glendale Star on June 19, 2003, and the East Valley
Tribune on June 19 and 26, 2003. Six SOQs were received and a team of five city
employees evaluated the SOQs. Based on the evaluation of the SOQs and panel
interviews, Kimley-Horn and Associates was selected as one of the top three firms.
In June of 2004, the Council approved the city Capital Improvement Program,
which included projects to install fiber optic cable to the three city facilities.
This project includes installation of fiber optic cable and CCTV cameras at the
arena site in order to improve intersection control and monitoring during events through
centralized traffic management. Additionally, city facilities such as the Westside Public
Safety Building, the Cholla Water Treatment Plant, and the Foothills Library will have
the ability to link to city-owned fiber optic cable.
The fee for construction administration and inspection services is $99,342.
Funds for this project are available in the city Capital Improvement Program and the
Glendale Onboard (GO!) Transportation Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $99,342 $99,342
Account Name, Fund, Account and Line Item Number:
Smart Traffic Signal Equipment Account No. 25-9469-8300
Backbone Fiber Optic/Cholla WT Account No. 83-8055-8300
26
The recommendation was to approve a professional services agreement with
Kimley-Horn and Associates for construction administration and inspection services.
It was moved by Lieberman, and seconded by Frate, to approve a
professional services agreement with Kimley-Horn and Associates for
construction administration and inspection services. The motion carried
unanimously.
ORDINANCES
21. ACQUISITION AND IMPROVEMENTS OF RIGHT-OF-WAY FOR BETHANY
HOME ROAD AT 48`" AVENUE
Mr. Terry Johnson, Transportation Program Administrator, presented this item.
This is a request for the City Council to authorize the Purchase and Sales
Agreements for acceptance of two properties located at the northwest and northeast
corners of Bethany Home Road and 48th Avenue.
One of the Council's goals is to improve and provide transportation options within
the city. When voters passed a half-cent increase in the sales tax in 2001 to support
transportation projects, staff began to implement the Glendale Onboard (GO)
Transportation Program. Improvements are being made to streets, transit, bicycle, and
pedestrian facilities.
In November of 2001, Glendale voters approved funding for the removal of lane
drops (scalloped streets) to improve safety and traffic flow. In order to eliminate an
existing scalloped street on Bethany Home Road between 47th and 48th avenues, the
City of Glendale will need to obtain additional right-of-way from six parcels along the
north side of Bethany Home Road. Two of the parcel owners have agreed to dedicate
this right-of-way in exchange for related street improvements.
The current owners of property located at the northeast corner of 48th Avenue
and Bethany Home Road will dedicate approximately 333 square feet of property. The
current owner of property located at the northwest corner of 48th and Bethany Home
Road will dedicate approximately 976 square feet to the city. These two property
owners have agreed to convey to the city the needed right-of-way and grant temporary
construction easements for the city to:
• Construct 30-inch high masonry screen walls;
• Construct 4-foot wide concrete sidewalks along 48th Avenue;
• Relocate an existing mailbox;
• Install additional landscaping in front of the screen walls;
• Obtain and pay for appraisal reports of the right-of-way for tax deduction
purposes for the sellers; and
• Pay all closing costs.
27
On November 6, 2003, the Citizens Transportation Oversight Commission
approved an update of the financially balanced 25-year program and Council approved
this program on November 25, 2003. This 25-year program is the basis for the city's
annual budget and the Capital Improvement Program for transportation sales tax
funded projects. Elimination of scalloped streets is one aspect of transportation
projects contained in this approved program.
This project will benefit the community by improving safety and traffic flow along
Bethany Home Road.
The GO Program includes multiple opportunities for public input. This year, an
annual report was mailed to all Glendale households and a follow-up public meeting
was held on April 28, 2004. The design and construction of each project will also
provide opportunities for public involvement.
The property owners of these two properties have agreed to dedicate the needed
right-of-way to the city at no charge. The city will make improvements on both
properties as necessary for the completion of this project within 600 days. City of
Glendale funds for these improvements are programmed as part of the GO
Transportation Program Fund 25 in the amount of $8,000.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X 8,000
Account Name, Fund, Account and Line Item Number:
43`d Avenue: Bethany Home to Peoria— Street Improvements Account No. 25-9490-8300
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute all documents necessary to accept
the necessary right-of-way to eliminate the scalloped street at 48th Avenue and Bethany
Home Road.
Ordinance No. 2396 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
ADDITIONAL RIGHT-OF-WAY AT THE NORTHWEST AND NORTHEAST CORNERS
OF BETHANY HOME ROAD AND 48TH AVENUE FOR STREET AND INTERSECTION
IMPROVEMENTS; AND DIRECTING THE EXECUTION OF ALL AGREEMENTS
NECESSARY TO ACQUIRE THESE PROPERTY RIGHTS.
It was moved by Frate, and seconded by Clark, to approve Ordinance No.
2396 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.
28
22. SUB-REGIONAL OPERATING GROUP LOCAL LIMITS ORDINANCE
Mr, Beasley requested this item be tabled until the first regular meeting in September.
This is a request for the City Council to amend the Glendale Municipal Code,
Chapter 33, Article III, relating to sewers and sewage disposal, as described in the
attached ordinance. These amendments are required by the Federal Government for
the cities of Glendale, Mesa, Peoria, Phoenix, Scottsdale and Tempe, and the Town of
Gilbert, Arizona. A copy of the adopted ordinance must be provided to the City of
Phoenix no later than October 5, 2004,
The Federal Clean Water Act and other federal regulations require these
changes. The City of Glendale is responsible for implementing and operating its
industrial wastewater control programs. These changes only impact the city's
Significant Industrial Users (SIU). There are less than five SIU's in the city.
Wastewater discharges to the Salt River from the 23rd Avenue Publicly Owned
Treatment Works (POTW) and the 918t Avenue POTW are regulated by
Arizona/National Pollutant Discharge Elimination System Permits (AZPDES/NPDES).
Each of the SROG cities has enforceable industrial pretreatment programs that regulate
the quality of the wastewater that can be discharged by industrial users to the sanitary
sewer collection system. The SROG cities also have the same local limitations or
narrative limitations for substances that can be lawfully discharged into the sanitary
sewer by any user. Both types of limitations are contained in the SROG cities
ordinances and are commonly referred to as local limits.
The article that is affected by this ordinance sets forth uniform requirements for
direct and indirect contributors into the waste water collection and treatment system for
the city and enables the city to comply with all applicable, local, state and federal laws
required by the Clean Water Act of 1977 and the general pretreatment regulations (40
CFR, part 403).
This article provides for the regulation of direct and indirect contributors to the
municipal waste water system through the issuance of permits to certain non-domestic
users and through enforcement of general requirements for other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes that existing
customer's capacity will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the programs established herein.
The objectives of this article are:
(1) To prevent the introduction of pollutants into the waste water system which
will interfere with the operation of the system or contaminate the resulting
sludge;
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(2) To prevent the introduction of pollutants into the waste water system which
will pass through the system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim waste water and sludge
from the system; and,
(4) To provide for equitable distribution of the cost of the municipal waste water
system.
In January of 1995, the city made the last major changes to the ordinance
relating to pretreatment programs.
These new local limits on discharges are designed to protect the wastewater
treatment plants, the personnel operating the plants, the citizens of Glendale, and the
environment from any adverse impact that may occur when unacceptable wastes are
discharged into the wastewater system.
On May 3, 2004, a meeting with the SROG SIU industries was held at Phoenix
City Hall, with approximately 40 attendees. There were no objections to the limits, only
general questions. All permitted SIU's in the affected municipalities were sent letter
invitations.
On May 4, 2004, a meeting for local environmental groups was held. Invitation
was by letter. There were no attendees.
Beginning June 14, 2004, Public Notice was posted in the Main and Velma
Teague libraries, and others around the Valley. Notice and background information is
also available at http://proiects.pirnie.com/ProiectSites/SROGLL.
On June 16, 2004, Public Notice was published in a local Spanish newspaper
and on June 17, 2004, Public Notice was placed in Phoenix and Scottsdale
newspapers.
July 21, 2004 is the date for the formal public meeting at the Phoenix City
Council Chambers on behalf of the SROG cities. A formal written comment period will
begin on Thursday, June 17, 2004 and end on Friday, August 13, 2004. In order to be
considered, written comments must be received by 12:00 p.m. on August 13, 2004.
By October 1, 2004, Council-approved ordinance changes are due from all the
SROG cities. All ordinance changes are due October 5, 2004, to the Phoenix
Attorney's Office for compilation on behalf of the SROG.
October 15, 2004, is the deadline for all the SROG ordinances to be submitted to
the ADEQ for approval.
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January 1, 2005 is the effective date for numerical limits. Other ordinance
changes are effective 30 days after council approval.
The recommendation was to waive reading beyond the title and adopt an
ordinance amending the Glendale Municipal Code, Chapter 33, Article III, relating to
sewers and sewage disposal, as described in the attached ordinance.
It was moved by Clark and seconded by Frate to table item No. 22 to the
first evening meeting in September. The motion carried unanimously.
23. DEVELOPMENT & DISPOSITION AGREEMENT WITH CORNERSTONE AT
GLENDALE LLC
Mr. lain Vasey, Economic Development Director, presented this item.
This is a request for the City Council to adopt an ordinance authorizing the
entering into of an agreement with Cornerstone at Glendale LLC for the purchase and
development of city-owned property at 99th Avenue and Camelback Road.
The sale and development of this land will enhance the quality of life for
Glendale residents and will promote economic development in the western area of the
city.
The City of Glendale purchased the Camelback and 99th Avenue piece of
property (19.71 acres) in 2001 for $3,872,981 ($4.50 a square foot). The city
purchased the property with the intent of locating a pump station on the property. The
pump station located at the southeast corner of the site is not included in the sale (1 .34
acres).
The sale of land was publicly noticed in January of 2004, with a minimum sale
price of $3.9 million. Paragon Properties submitted an offer of $4.4 million or $5.50 a
square foot.
Cornerstone at Glendale LLC, a wholly owned subsidiary of Paragon Properties,
plans on developing a high quality mixed-use development that will include 44,000
square feet of retail and restaurants, and 108,150 square feet of office/business park
space. Rezoning and a General Plan amendment will take approximately 6 months.
Close of escrow to convey the property must occur by April of 2005. The DDA requires
that 50% of the site be developed by May 2006, with development completed by May of
2007.
The project will include a capital investment by Cornerstone at Glendale of
approximately $18 million and the creation of approximately 368 jobs.
This project will provide additional sales tax revenue to the City of Glendale and
will improve the quality of life for nearby residents by developing much-needed retail,
31
restaurant, employment, and office amenities. The Business Park component will
create a site for new businesses to locate in the city.
Public notice of the city's intent to sell the property was published in the Glendale
Star and the Arizona Republic in January of 2004.
The sale of this property will generate approximately $4.4 million. $3.9 million
will be returned to the water sewer fund with the remaining balance being returned to
the General Fund.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the entering into of a Development and Disposition Agreement
with Cornerstone at Glendale LLC.
Mayor Scruggs opened the public hearing on Agenda Item No. 23.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
hopes the city actually receives the revenue it projects because he believes the city
could have made a larger profit selling the property outright.
Mayor Scruggs closed the public hearing.
Councilmember Frate said the city is not providing any incentive to the
developer. Mr. Vasey agreed, stating it was an open bid. He pointed out the developer
will be held to very tight performance measures and milestones.
Mayor Scruggs explained the city purchased the land for $3.9 million after the
property owner indicated he would not sell the one-acre parcel on which the sewer lift
station was located. She stated the property is now being sold for a $500,000 profit.
She confirmed there was no incentive, give away, or discount to the developer.
Councilmember Lieberman noted the city is also selling less land than it
originally purchased since the lift station occupies some of the land.
Councilmember Martinez referenced an email he received from Mr. Tom Cramer
who felt the property was being undervalued. Mr. Vasey said it would be unfair to
compare this unimproved site to a fully improved business park like Talavi, which is 12
miles away and close to full build-out.
Councilmember Clark said the city originally wanted to only buy one acre of the
property for the sewer lift station; unfortunately, the owner would not sell one acre and
the city was forced to buy the entire property. She stated the city sold the property, with
the exception of the area on which the sewer lift station is located, at a profit. She said
the developer is extremely reputable and she welcomes them to Glendale.
32
Ordinance No. 2398 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 ENTERING INTO OF A
DEVELOPMENT AND DISPOSITION AGREEMENT WITH CORNERSTONE AT
GLENDALE LLC FOR THE SALE AND DEVELOPMENT OF APPROXIMATELY 19.71
ACRES OF LAND OWNED BY THE CITY OF GLENDALE AT THE NORTHEAST
CORNER OF 99TH AVENUE AND CAMELBACK ROAD; AND DIRECTING THAT THE
AGREEMENT BE RECORDED.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2398 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.
24. CITY CODE AMENDMENT RELATING TO PERSONAL FINANCIAL
DISCLOSURE STATEMENTS BY LOCAL PUBLIC OFFICERS OR
CANDIDATES
Mr. Jon Paladini, Interim City Attorney, presented this item.
This is a request for the City Council to adopt an ordinance adding an
enforcement provision to the City Code relating to filing of personal financial disclosure
statements by local public officers or candidates.
If adopted, this ordinance would provide that any elected official or candidate
who intentionally or knowingly fails to file a personal financial disclosure statement as
required by City Code, or who intentionally or knowingly files a false or incomplete
financial disclosure statement is guilty of a class 1 misdemeanor.
The ordinance also provides that the failure to file a personal financial disclosure
statement by an elected official or candidate for any other reason may subject that
person to a civil penalty of fifty dollars ($50.00) for each day of noncompliance up to
five hundred dollars ($500.00). Before imposing any fine, the City Attorney must serve
a written order on the person requiring compliance within twenty (20) days. If a person
fails to take corrective action within the time specified, the City Attorney will issue an
order assessing a civil penalty of $50 per day but not more than $500.
The existing code provisions concerning personal financial disclosure statements
were adopted by the Glendale City Council on December 8, 1983. There is currently no
specific enforcement provision contained in Glendale City Code that mirrors the state
statutes concerning violations of the personal financial disclosure-filing requirement.
The recommendation was to waive reading beyond the title and adopt an
ordinance amending the Glendale City Code relating to personal financial disclosure
statements by local public officers or candidates.
33
Councilmember Clark asked if the penalty mirrors that in the state statute. Mr.
Paladini explained, while violation of the state statute is a felony, the city is unable to
declare a felony, therefore violation is a misdemeanor.
Mayor Scruggs opened the public hearing on Agenda Item No. 24.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, expressed
concern that the ordinance will be difficult to enforce. He explained people who work
for elected officials would be hesitant to penalize those who control their jobs. He said,
while the intention of the ordinance is good, he believes the Secretary of State should
oversee the issue.
Mr. Ken Jones, a resident of the City of Glendale Ocotillo District, stated the
proposed amendment is a good idea and he supports it; however, the state already had
laws to prevent record tampering when the Council first got into its current situation. He
said honesty and accuracy in public records is a matter of sacred trust and the citizens
must demand that officer's respect and live up to that trust.
Mr. Paladini cautioned Mr. Jones to limit his discussion to the proposed
ordinance. Mr. Jones asked to complete his comments during Public Comments.
Mayor Scruggs closed the public hearing.
Ordinance No. 2399 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 2, ARTICLE II,
DIVISION 2, RELATING TO FINANCIAL DISCLOSURE; AND DECLARING AN
EMERGENCY.
It was moved by Martinez, and seconded by Frate, to approve Ordinance
No. 2399 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.
25. LICENSING REVISIONS TO GLENDALE CITY CODE CHAPTER 22
Mr. Art Lynch, Chief Financial Officer, presented this item.
This is a request for the City Council to amend Chapter 22 of the Glendale City
Code relating to the licensing of massage establishments and massage therapists.
Under the current code, massage establishments and massage therapists
licensing are regulated by the city. The proposed changes will eliminate licensing of
massage therapists due to state legislation that was approved in May of 2003. This
legislation establishes the Board of Massage Therapy to license and regulate massage
34
therapists beginning in July of 2004. It also requires that the city's licensing code be
consistent with the state law.
This request will enable the city to conform to the Arizona Statute by eliminating
the current Chapter 22 in its entirety and replacing it with the new Chapter 22 for
Massage Establishments only.
Glendale City Code Chapter 22 addresses special regulatory licensing in the City
of Glendale for massage establishments and massage therapists. This chapter sets
forth the requirements for obtaining and retaining a business license.
The proposed amendments will eliminate the sections that are inconsistent with
the State statute, such as licensing of massage therapists. The proposed amendment
will also create more efficient processes to monitor the activities of the massage
establishments.
Chapter 22 was last amended in 1996.
The changes enable the city to conform to the Arizona statute by eliminating the
sections that are inconsistent with the statute and strengthening the codes, which dealt
with massage establishments through regulation and inspection.
The recommendation was to waive reading beyond the title and adopt an
ordinance amending Chapter 22 of the Glendale City Code.
Councilmember Clark asked if, previous to the addition of the state law, the city
licensed individual message therapists. Mr. Lynch responded yes. He explained,
under the new law, the State Board of Message Therapy will now issue licenses to the
on-site manager. Councilmember Clark asked if independent message therapists are
required to be licensed. Mr. Lynch answered yes, explaining they would be considered
the on-site manager.
Ordinance No, 2400 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 22 RELATING
TO MASSAGE ESTABLISHMENTS.
It was moved by Frate, and seconded by Clark, to approve Ordinance No.
2400 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.
RESOLUTIONS
26. MASSAGE ESTABLISHMENT FEE RESOLUTION
35
Mr. Art Lynch, Chief Financial Officer, presented this item.
This is a request for the City Council to adopt a resolution establishing new
application and license fees for massage establishments in accordance with the
amended Chapter 22 of the Glendale City Code.
If adopted, the existing licensing of massage therapists will be eliminated and a
sub category for on-site manager for the massage establishments will be created. Staff
is also recommending an increase in application and renewal fees for massage
establishment, creating a new fee for an on-site manager and issuing a duplicate
license. The amended Chapter 22 requires the City Council to set, by resolution, the
new application and license fees.
The existing application and license fees for massage therapists and massage
establishments were set by the City Council in January of 1997. These costs were
based on the actual regulatory cost incurred by the city, including the licensing and
inspection by the Tax and License Division and the Police Department.
The proposed resolution will eliminate the application and license fees for
massage therapist, establish the new rates for massage establishments and create a
fee structure for on-site manager and duplicate license. These fees are consistent with
other Valley cities.
The fee structure is shown below:
Current Proposed
Category Application Fee Annual Fee Application Fee Annual Fee
Massage Therapist $70.00 $ 80.00 $ 0.00 $ 0.00
Massage 85.00 155.00 100.00 250.00
Establishment
On-site Manager 0.00 0.00 70.00 80.00
Duplicate License 0.00 0.00 0.00 10.00 *
* Charged per occurrence.
A regulatory fee resolution was last adopted in 1997.
The changes enable the city to cover the actual cost.
36
The recommendation was to waive reading beyond the title and adopt a
resolution setting the new application and license fees related to massage
establishments.
Mr. Lynch clarified for Councilmember Martinez that, under the new state code,
the individual therapist fee is eliminated and the establishment and onsite manager are
licensed.
Councilmember Lieberman pointed out an independent therapist would have to
pay the $100 application fee as well as $70 as the onsite manager. Mr. Lynch
responded yes.
Resolution No. 3785 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 APPLICATION AND LICENSE FEES FOR
MASSAGE ESTABLISHMENTS PURSUANT TO GLENDALE CITY CODE SECTION
22-31; AND SETTING FORTH AN EFFECTIVE DATE.
It was moved by Martinez, and seconded by Eggleston, to pass, adopt and
approve Resolution No. 3785 New Series. The motion carried unanimously.
27. CALIFORNIA CASUALTY MANAGEMENT COMPANY DEVELOPMENT
AGREEMENT
Mr. lain Vasey, Economic Development Director, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
entering into of a development agreement with California Casualty Management
Company.
California Casualty Group plans to lease approximately 28,000 square feet of an
office facility within the Talavi Business Park and has requested assistance from the
City of Glendale to accomplish the project.
This project addresses the City Council goal of creating high quality jobs,
bringing in new capital investment, and promoting economic development.
California Casualty provides auto and home insurance services. The company
has committed to maintain its operation at the Glendale site for at least 10 years and
hire at least 100 employees in return for economic assistance.
Glendale will provide an Economic Employment Incentive not to exceed
$100,000 for new qualified full-time positions created paying more than $15 per hour
hired within the first five years.
37
Should California Casualty cease operations at the project site or its employment
drop below 50 full-time employees during the first 10 years of operation, the company
will be required to repay the incentive amount received.
This project will generate an economic impact of approximately $9,000,000.
This project will create job opportunities for Glendale citizens and will further
enhance the corporate impact of the Talavi Business Park.
The Employment Development Incentive will not exceed $100,000.
Grants Capital Expense One-Time Cost Budgeted _ Unbudgeted Total
$100,000 $100,000
Account Name, Fund, Account and Line Item Number:
Rebates and Incentives, 01-5450-7657
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of a development agreement with California
Casualty Management Company.
Mayor Scruggs opened the public hearing on Agenda Item No. 27.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his
support of the resolution. He said, while he understands the city has to offer incentives
in order to compete with other cities, he would like companies who receive incentives to
be required to hire Glendale citizens.
As there were no comments, Mayor Scruggs closed the public hearing.
Resolution No. 3786 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A
DEVELOPMENT AGREEMENT WITH CALIFORNIA CASUALTY MANAGEMENT
COMPANY; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE
RECORDED.
It was moved by Frate, and seconded by Martinez, to pass, adopt and
approve Resolution No. 3786 New Series.
Councilmember Frate emphasized the resolution is performance based. He
commended Talavi on attracting high quality companies.
38
Mayor Scruggs said the concept of requiring companies to hire Glendale
residents has been considered by the City, but could have a negative impact on
Glendale as other cities enforced similar restrictions.
Upon a call for the question, the motion carried unanimously.
28. COSMOPOLITAN MEDICAL COMMUNICATIONS DEVELOPMENT
AGREEMENT
Mr. lain Vasey, Economic Development Director, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
entering into of a development agreement with Cosmopolitan Services, Inc. dba
Cosmopolitan Medical Communications.
Cosmopolitan Medical Communications will be constructing a new office building
in Talavi Business Park and requests assistance from the city to offset some of their
development costs.
This project addresses the City Council goal of creating high quality jobs,
bringing in new capital investment, and promoting economic development.
Cosmopolitan Medical Communications is a 24-hour contact center providing
facilitation of health care services to over 3,000 area physicians and many major
HMOs. The company has experienced tremendous growth and is now requiring a
larger facility to accommodate their increasing workforce.
Cosmopolitan Medical will build a new 12,000 square foot facility in Talavi
Business Park. The company has committed to maintain its operation at that site for at
least five years and to hire at least 100 new employees within the first two years in
return for economic assistance. This project represents a capital investment of
$2,000,000 and a projected annual economic impact of $7,800,000.
Glendale will provide an Employment Development Incentive (EDI) not to exceed
$50,000 for qualified full-time positions created paying more than $15 per hour. If
operations cease at the project site within the first five years, the employer will repay to
the City any incentive amounts received.
This project brings another quality corporate citizen to the Talavi Business Park
and creates quality job opportunities for citizens.
The Employment Development Incentive provides an amount not to exceed
$50,000 for the creation of 100 jobs at the project site.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
39
$50,000 $50,000
Account Name, Fund, Account and Line Item Number:
Rebates and Incentives, 01-5450-7657
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing entering into of a development agreement with Cosmopolitan
Services, Inc.
Resolution No. 3787 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A
DEVELOPMENT AGREEMENT WITH COSMOPOLITAN SERVICES, INC. dba
COSMOPOLITAN MEDICAL COMMUNICATIONS; AND DIRECTING THAT THE
DEVELOPMENT AGREEMENT BE RECORDED.
It was moved by Frate, and seconded by Clark, to pass, adopt and approve
Resolution No. 3787 New Series.
Councilmember Lieberman stated he is proud of Cosmopolitan Medical
Communications and the growth they have achieved.
Councilmember Frate welcomed Cosmopolitan to Talavi, stating their 24-hour
operation offers a very vital service.
Upon a call for the question, the motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Clark, to vacate the August
City Council meetings and workshops and hold a City Council Workshop at 1:30
p.m. in Room B-3 of the City Council Chambers on Tuesday, September 7, 2004,
to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion
carried unanimously.
CITIZEN COMMENTS
Mayor Scruggs commented on the emotion expressed during the Council's
meeting two weeks ago. She said, while she tried to be as fair and objective as
possible, she received a tremendous amount of criticism from people watching from
home. She said it was felt she failed to maintain order by enforcing the Council
adopted rules. She stated Council meetings are conducted in compliance with the
Arizona Open Meetings Law and, while the Open Meetings Law does not require the
agenda to contain an item for citizen comments, the Council places this item on its
agendas to provide this additional opportunity for citizen input to the Council and city
40
administration. She said on July 8, 1997, Glendale City Council passed and adopted
Resolution 3136 New Series, which reads, "Personal attacks on Council members, city
staff or members of the public are not allowed. It is inappropriate to utilize citizen
comments for purposes of making political speeches, including threats of political
action." She stated the guidelines apply not only to citizen comments, but also to all
items on the agenda on which people speak under public hearing. She asked Mr.
Paladin' to assist her in ensuring they follow the guidelines adopted by resolution seven
years ago.
Mr. Ed Shame, a resident of the City of Glendale Barrel District, stated he is the
Director and Lead Archivist of the Southwest Museum of Engineering, Communications
and Computation. He said they are proud to have submitted their response to the RFP
on the old Calvary Baptist Church and hope the Council sees merit in their proposition.
He explained the purpose of the museum is to promote interest in all forms of science
and engineering by fostering an appreciation of the historical and cultural significance of
those fields. He said the museum's goals are to educate the public, promote and
publish research, and serve as a permanent repository for artifacts and publications.
He stated the museum also houses the W.W. Salsbury Memorial Research Library,
which is committed to fostering research and understanding of all forms of science and
engineering.
Ms. Glenda Wood, a resident of the City of Glendale Barrel District, explained
she previously appeared before the Council asking for a variance from public parking
for a group home for the elderly. She said her request was denied by the Council who
felt she caused the hardship. She stated, while the Council's current problems may be
the result of innocent oversight on the part of the Council members, she too was
innocent. She said she has had many sleepless nights and shed many tears because
of the situation in which she was left. She expressed her opinion that Mr. John
Verdugo, Planner, did not fully know the law as it pertained to her case when she
appeared before the Board of Adjustment. She said he did not research whether other
similar businesses are located in the area; stating, however, three of her neighbors run
businesses from their garage. She accused Mr. Verdugo of lying about the number of
homes in the area who have enclosed their garages, stating she provided 15 pictures of
homes in a one-mile radius that have enclosed garages. She said the rule for covered
parking was not voted on by the voters, but decided by the Council. She expressed her
opinion the rule should have been put to public vote, stating many residents of Glendale
are opposed to the law. She reported the city's Public Relations person scolded her for
taking the issue to Three on Your Side and accused her of applying for a license using
her old address. She said everyone knew she was attempting to get a license for her
new address and it was not she, but a relative of one of her residents, that took the
matter to Three on Your Side. She urged Council to think of her when they feel they do
not deserve the situation they are currently enduring. She accused the Council of
changing the City Code related to filing of personal financial disclosure statements by
local public officers or candidates to meet its needs.
41
Ms. Jennifer Pember, a resident of the City of Glendale Cholla District, said the
proposed widening of 59th Avenue would prevent her from being able to ride bikes in
the area. She expressed concern that her neighborhood will be used as a short cut.
She said she does not want to be 12 years old and still not allowed to cross the street.
Ms. Rebecca Pember, a resident of the City of Glendale Cholla District, pointed
out her daughter, Jennifer, chose on her own to speak tonight and wrote her own
speech. She said there is significant resistance to widening 59th Avenue, noting people
from all over the valley attended their protest march held last Saturday. She said some
conservationists expressed serious concern about disturbing the delicate echo system
of Glendale's last natural Sonoran Desert wildlife refuge. She stated others were
parents who were extremely concerned about safety issues that will result from
widening 59th Avenue. She stated some were concerned about increased congestion
on 59th Avenue, explaining it is already difficult to cross 59th Avenue. She said
homeowners were worried about the impact on the sedimentation basin for which
Arrowhead Lakes residents are financially responsible.
Ms. Pember questioned why City of Glendale taxpayers are paying to fix a Phoenix
problem. She expressed her opinion the study of who uses 59th Avenue was a joke,
stating the study determined the road was used equally by Glendale and Phoenix
residents based on the fact that there were equal amount of traffic headed in each
direction. She said, however, the people who conducted the study admitted their
conclusion was based on an assumption. She suggested they should have taken
pictures of license plates and cross-referenced the plate numbers against the drivers'
cities. She said, had this been done, the study would have found that the majority of
traffic on 59th Avenue is Phoenix traffic. She stated, rather than deal with the horrible
congestion at the 101 and 1-17, Phoenix drivers are cutting through their
neighborhoods. She said, while she empathizes with Phoenix residents who have to
deal with the horrible intersection every day, she does not believe her neighborhood
and park should be destroyed or that Glendale residents should have to foot the bill to
accommodate their needs.
Ms. Pember stated no one believes it is a safety issue, noting the city's study found
people drive an average of 45 miles per hour going north on 59th Avenue and 55 miles
per hour going south. She said if it were truly a safety issue, the city would have better
enforced the 35-mile per hour speed limit. She suggested Phoenix take $2.6 million
from their own impact fees and extend 43rd Avenue through to 47th Avenue.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he does
not like to see the City of Glendale split into factions and urged the Council reach out to
the leaders of those factions and encourage open, honest communication. He said he
believes what goes around, comes around, particularly when cases similar to Ms.
Wood's request for a variance are denied. He stated he attended the protest march
last Saturday and it brought to mind the spirit of compromise that lives in Glendale.
42
Mr. Ken Jones, a resident of the City of Glendale Ocotillo District, continued his
previous comments, stating residents pay dearly for the services the local and federal
governments provide. He said the residents of Glendale deserve better than the recent
mishap with city records. He questioned what would happen if all cities throughout the
country treated their records in a similar manner.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Lieberman noted the City Council vacated all August meetings
and he looked forward to returning on September 7.
Vice Mayor Eggleston said he attended the first anniversary of the Adult Center,
noting the center's membership has doubled since opening.
Councilmember Martinez stated someone suggested at the last Council meeting
that the Council members should search their souls as to why they chose to be in public
service. He could only speak for himself. He said he worked for the State of Arizona for
over 40 years. He was enjoying retirement when in 1994, the city started a new
program to revitalize older neighborhoods. He volunteered to serve on that Commission
for Neighborhoods and served for two years. He stated the Commission's and city
staff's work made a difference in older neighborhoods.
When a vacancy occurred in the Cholla District Council seat, a friend of his
asked him to apply for appointment to the incomplete term. At first he wasn't interested
for various reasons. However, he'd live here all his life and loved the city. Also, he knew
from his experience on the Commission for Neighborhood that city staff was dedicated,
knowledgeable and professional. He decided to apply because he wanted to do some
good for the community. Being appointed came as a surprise to him. He served the
remainder of the term then in 1998 and 2002; he was elected by the residents of Cholla
District to be their Councilmember.
Councilmember Martinez said he has met many people through public service
from staff to neighborhood leaders and it has been a great experience. He said he
hopes he has, at least in a small way, contributed to the city's quality of life and assured
all citizens that he will continue to do his very best to serve the City of Glendale so that
we can all enjoy the best city anywhere in the valley maybe even the nation.
Councilmember Frate announced Thomas Michael Passmore is the city's newest
Junior Firefighter. He stated the last water safety walk would occur Tuesday, August
31. He complimented Public Safety for keeping him abreast of the power outage that
impacted Banner Thunderbird Hospital. He said Council approved two economic
development agreements for the Talavi Business Park, calling for 200 new jobs, $2
million of capital investment, and 27,000 square feet in leased space. He stated the
economic impact of the two projects will be $17 million and the incentives are all
performance based. He urged residents to watch children around water.
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Mayor Scruggs commented on the proposed improvements to 59th Avenue and
Thunderbird Park. She said she and Councilmember Martinez attended a two-hour
meeting wherein they were updated on the progress being made. She said it has been
clearly stated many times that the process is ongoing and that more meetings will be
held, but there will not be a cessation of the process. She stated approximately 3,000
households will receive a mailing advising them of the time, date and location of the
next public meeting and the website address where alternatives will be defined and
frequently asked questions will be answered.
Mayor Scruggs asked residents to consider taking some time on Saturday July 31 to
meet candidates for the State Legislature and U.S. Congress. She said the candidates,
if elected, will have a great impact on everyone's lives and it will help Glendale and the
West Valley if they realize and understand the issues and concerns the city wants
addressed. On a personal note, she thanked her family for their support over the years,
pointing out the families of those who serve make significant sacrifices.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:10 p.m.
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Pamela Hanna - City Clerk
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