HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/12/2004 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, OCTOBER 12, 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; Craig Tindall, Acting 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 four ordinances and two
resolutions to be considered at the meeting were available for public examination and
the title posted at City Hall more than 72 hours in advance of the meeting.
Mayor Scruggs welcomed and introduced Troop 723 scouts J.T. Abner, Parker
Banbury, Bradley Dawson, Bentz Edwards, Jordan Abner, Clint Edwards and Jarrett
Nelson, along with their Scout Leaders, Ken Brown and Greg Dawson.
APPROVAL OF THE MINUTES OF THE SEPTEMBER 28, 2004 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the September 28, 2004 City Council Meeting, as each
member of the Council had been provided copies in advance, and approve them
as amended. The motion carried unanimously.
PROCLAMATIONS AND AWARDS
RECOGNITION OF COMMUNITY SERVICE FOR ARTS COMMISSION MEMBERS
This is a request for the City Council to recognize Kathleen H. Goeppinger,
Denise Daniels and Gary Flowers for their service on the Glendale Arts Commission.
Kathleen H. Goeppinger, Ph.D. (Mayoral) served on the Arts Commission from
September 2000 to August 2004, serving as Chair from 2002-2004. Denise Daniels
(Yucca District) served from November 2000 to August 2004. Gary Flowers (originally
Sahuaro District, then Barrel District) served from September 2000 to August 2004.
These three commissioners served on the Arts Commission during the time
when the Veterans Memorial was completed on the east side of the Glendale Main
Library. Other public art projects were completed for the Elsie McCarthy Sensory
Garden, Glendale Municipal Airport and the Glendale Adult Center. Current public art
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projects underway include the Field Operations Center, Western Area Public Safety
Complex, Downtown Plaza and the Bell and 63rd Avenue Fire Station.
The Arts Commission oversees the Performing Arts Granting Program, which
supports performances held within Glendale's city limits. Since Fiscal Year 2001-02,
$115,760 has been awarded to support 48 theater, dance and music projects. These
projects include Ballet Arizona's performance at Historic Sahuaro Ranch on September
21, 2004, which attracted an audience of 2,000.
Mayor Scruggs presented Dr. Kathleen Goeppinger and Ms. Denise Daniels with
plaques of appreciation in recognition of their service on the Arts Commission. Mr.
Gary Flowers was not present to accept his plaque.
Dr. Kathleen Goeppinger thanked the citizens and Council for allowing her to
serve on the Arts Commission. She said she is proud of all they accomplished and is
grateful for the opportunity to participate in the City of Glendale.
Ms. Denise Daniels thanked the Mayor and Council. She stated she takes great
pride in the Veteran's Memorial, commending the artist for his vision.
Mayor Scruggs noted the Arts Commission also has a Performing Arts Grant
program that supports performances held within Glendale city limits. She reported
$115,760 has been awarded to support 48 theater, dance and music projects.
DOMESTIC VIOLENCE AWARENESS MONTH
This is a request for the City Council to declare October as Domestic Violence
Awareness Month.
President George W. Bush declared the month of October as National Domestic
Violence Awareness Month in 2001. The facts speak for themselves: their current or
former partners kill almost one-third of American women murdered each year.
Approximately one million women annually report being stalked. Many children witness
abuse in their own homes, which can sadly predict future violence in families across
America. Domestic violence comes into schools and the workplace, affecting people
from all walks of life.
There are strict laws intended to hold domestic abusers accountable for their
conduct, but laws alone are not enough. The Glendale Police Department uses a
collaborative approach to reduce domestic violence in our community. The police
department partners with many local and federal agencies to respond to assist in
preventing domestic violence.
Domestic Violence Awareness Month provides a special opportunity to
emphasize that domestic violence is a crime and to offer the victims continued
assistance and support.
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Danah Flanagan, Program Manager of Prehab Faith House of Arizona, was
present to accept the proclamation from the Mayor.
The Glendale Police Department is committed to continuing efforts to prevent
incidents of domestic violence, educate the public regarding domestic violence, and
assist victims of domestic violence.
Mayor Scruggs presented a proclamation to Ms. Dana Flanagan, declaring
October as Domestic Violence Awareness Month.
Ms. Flanagan accepted the proclamation on behalf of Faith House. She said
domestic violence has historically been under-reported and not received the attention it
deserved. She stated the events held during Domestic Violence Awareness Month
would help bring to light the issue of domestic violence. She emphasized that it takes
the entire community's effort to end domestic violence, stating the collaboration they
have had with Glendale has helped Faith House provide a safe haven for children and
families affected by domestic violence.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read Consent Agenda Item Numbers 1 through
10 by title and asked that Item number 11 be removed from consideration at this time.
1. LIQUOR LICENSE NO. 3-953 ECKERD DRUGS
This is a request by Jason Morris for the City Council to approve a new Series 10
(off-sale, beer and wine) license for Eckerd Drugs located at 18591 North 59th Avenue
(59th Avenue & Union Hills Drive). The previous owner operated this business as
Eckerd Drugs and held a Series 10 liquor license.
The approval of this license will not increase the total number of liquor licenses in
this area.
The establishment is over 300 feet from any school or church. The Planning
Department, the Police Department, and the Maricopa County Health Department have
reviewed the application and have determined that it meets all technical requirements.
No protests were received during the 20-day posting period.
The recommendation was o forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control.
2. LIQUOR LICENSE NO. 3-955 ANNIE'S BRANDED BAR & GRILL
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This is a request by Ann Dickinson for the City Council to approve a person
transfer of Series 6 (on and off-sale, all liquor) license for Annie's Branded Bar & Grill
located at 6411 N. 59th Avenue. The previous owner operated this business as The
Branded Bar & Grill and held a Series 6 liquor license.
The approval of this license will not increase the total number of liquor licenses in
this area.
The establishment is over 300 feet from any school or church. The Planning
Department, the Police Department, and the Maricopa County Health Department have
reviewed the application and have determined that it meets all technical requirements.
No protests were received during the 20-day posting period.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control.
3. LIQUOR LICENSE NO. 3-956 NORTH MODERN ITALIAN CUISINE
This is a request by Samuel Fox for the City Council to approve a new Series 12
(on-sale restaurant, all liquor) license for North Modern Italian Cuisine located at 20004
North 67th Avenue, #500.
The approval of this license will increase the total number of liquor licenses in
this area.
The establishment is over 300 feet from any school or church. The Planning
Department, the Police Department, and the Maricopa County Health Department have
reviewed the application and have determined that it meets all technical requirements.
No protests were received during the 20-day posting period.
The recommendation was to forward a recommendation for approval to the Arizona
Department of Liquor Licenses and Control.
4. LIQUOR LICENSE NO. 3-957 PHOENIX RANCH MARKET #4
This is a request by Randy Nations for the City Council to approve a new Series
10 (off-sale, beer and wine) license for Phoenix Ranch Market #4 located at 6730 W.
Camelback Road. The previous owner operated this business as Southwest Desert
Market and held a Series 9 liquor license.
The approval of this license will not increase the total number of liquor licenses in
this area.
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The establishment is over 300 feet from any school or church. The Planning
Department, the Police Department, and the Maricopa County Health Department have
reviewed the application and have determined that it meets all technical requirements.
No protests were received during the 20-day posting period.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control.
5. SPECIAL EVENT LICENSE FOR GOLDEN WHEEL ORGANIZATION
This is a request by Melynda King for the City Council to approve a request for a
special event liquor license for the Golden Wheel organization. The event is a
fundraiser for the West Valley Child Crisis Center that will be held at 13327 N. 65th
Drive.
The event will be held from 6:00 p.m. to midnight on Saturday, December 4,
2004. If this license is approved, the total days expended by this applicant will be one
of the allowed 10 days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control.
6. WINE FESTIVAL FOR KOKOPELLI WINERY
This is a request by Dennis Minchella for the City Council to approve a wine
festival liquor license for Kokopelli Winery. The event will be held at the Arrowhead
Towne Center, located at 7700 W. Arrowhead Towne Center Drive.
The event will be held from 10:00 a.m. to 9:00 p.m. on Friday, November 12,
2004, 10:00 a.m. to 9:00 p.m. on Saturday, November 13, 2004, and 11:00 a.m. to 6:00
p.m. on Sunday, November 14, 2004. If this license is approved, the total days
expended by this applicant will be three of the allowed twenty-five days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.03, the Arizona
Department of Liquor Licenses and Control may issue a wine festival liquor license only
if the City Council recommends approval of such license.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control.
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7. AWARD OF PROPOSAL 04-39, HYDROGEN PEROXIDE, SERVICE AND
MAINTENANCE
This is a request for the City Council to approve a contract with US Peroxide to
supply hydrogen peroxide to reduce odor and corrosion problems in the city's
wastewater collection system, as well as service and maintain the equipment needed
for this process.
The City of Glendale received three proposals to provide hydrogen peroxide to
reduce odor and corrosion problems in the city's wastewater collection system. Each of
these proposals included a full-service maintenance agreement. An evaluation
committee, consisting of staff from the Wastewater Collection Division of the Utilities
Department, reviewed the proposals. Evaluation factors were: overall cost, compliance
with specifications, personnel experience and references, and their delivery schedule.
US Peroxide submitted the offer that received the highest evaluation.
The Wastewater Collection Division has previously contracted with US Peroxide
to provide the hydrogen peroxide, maintenance and service. In 1999, the Council
approved the initial contract, which was also competitively bid and awarded to US
Peroxide. The initial contract was also a one-year contract with four one-year
extensions. That contract expired on October 1, 2004. The new contract will begin
upon Council approval.
The use of hydrogen peroxide in the wastewater dosing stations reduces odors
and corrosion throughout the city's wastewater collection infrastructure. It also helps to
convey the wastewater from resident's homes and businesses to the wastewater
treatment plant in an environmentally safe process.
This contract shall begin upon approval by the City Council and continue until
December 31, 2005. The proposal specifications contain an option clause that will
permit the city, at the discretion of the City Manager, to extend this contract for four
additional years in one-year increments.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$750,000 $750,000
Account Name, Fund, Account and Line Item Number:
Wastewater Collection: 84-6445-7435
The recommendation was to award the contract to US Peroxide for hydrogen
peroxide supply, service, and maintenance in an amount not to exceed $750,000
annually, taxes included; and authorize the City Manager to extend the contract for four
additional years in one-year increments if all of the contract obligations are being
fulfilled.
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8. AWARD OF CONSTRUCTION CONTRACT — FIRE HYDRANT
REPLACEMENTS
This is a request for the City Council to award a construction contract to Pierson
Construction Inc. for the replacement of fire hydrants at various locations within the city.
The Utilities Department hydrant replacement program provides for the
replacement of 1,100 hydrants over the next five years. As part of the hydrant
replacement program, the Utilities Department plans to limit the number of different
hydrants to no more than four manufacturers; a reduction from the current 11. Routine
maintenance has become a challenge because repair parts are no longer stocked by
the manufacturers, therefore requiring special orders at higher costs. This will allow for
continued competition for hydrant pricing, reduced stocking levels for repair parts, and
reduced training needs for maintenance personnel.
On August 26, 2004, five bids were received and opened. Pierson Construction
Inc., a qualified licensed contractor, submitted the lowest bid in the amount of
$1,217,223.
Funds for this project are available in Fiscal Years 2004-2006, Fire Hydrant
Replacement, Account No. 83-8051-7520.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $1,217,223
Account Name, Fund, Account and Line Item Number:
FY 2004-2005 Fire Hydrant Replacement, 83-8051-7520 $ 1,112,154
FY 2005-2006 Fire Hydrant Replacement, 83-8051-7520 $ 105,069
The recommendation was to award the construction contract to Pierson
Construction, Inc. in the amount of $1,217,223.
9. FINAL PLAT APPLICATION FP04-02: MORNINGSTAR ESTATES — 7105
WEST GLENDALE AVENUE
This is a request by Infinity Engineering Services, Ltd. representing Brown
Family Communities, for City Council approval of the final plat for Morningstar Estates.
The proposed final plat is consistent with the General Plan, the existing R1-7
PRD (Single Residence, Planned Residential Development) zoning district, and the
Residential Design and Development Manual.
The site is located on the southwest corner of 71st and Glendale Avenues. The
40.04-acre parcel is being subdivided into 128 lots. There are 84 lots sized from 7,020
to 8,000 square feet, 30 lots between 8,000 and 9,000 square feet, 10 lots between
9,000 and 10,000 square feet, and four lots greater than 10,000 square feet. A total of
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17 lots front the north side of Ocotillo Road. These lots provide a better relationship to
the existing homes fronting the south side of Ocotillo Road. The gross density is 3.19
dwelling units per acre. The final plat meets the requirements of the Subdivision and
Minor Land Division Ordinance.
On January 27, 2004 the Council approved the R1-7 PRD zoning for this site.
The proposed subdivision creates additional residential housing opportunities for
the city. This development incorporates sound growth management techniques by
utilizing the surrounding infrastructure.
The recommendation was to approve Final Plat Application FP04-02.
10. EMERGENCY PROCUREMENT OF COMMAND AND COMMUNICATION
VEHICLE
This is a request for the City Council to approve $391,102 in Homeland Security
grant funds and $308,898 in capital improvement funds to complete the purchase and
construction of a command and communication incident vehicle from Durham
Communications.
The procurement of the command and communication incident support vehicle
will help protect the safety of citizens and first responders. This purchase will enable
the Police Department to assemble 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.
This vehicle will provide communication linkages with the Fire Department, as
well as other responding agencies to emergencies in Glendale.
The Police Department's Fiscal Year 2003 Homeland Security Grant of$600,000
was earmarked for the purchase of an incident support vehicle for command and
communication. Initial funding was allocated to pay Durham for the preparation of
specifications for the command and communication vehicle.
On July 27, 2004, the Council approved the purchase of a communications and
command vehicle from Durham Communications in an amount not to exceed $600,000
and approved using the terms and conditions of State Contract #M4-0027 from the
Arizona Department of Emergency Management.
The Police Department agreed to return to the Council for approval of the
remaining funding to complete the full purchase and construction of the vehicle from
Durham Communications.
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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 total cost to construct and equip the vehicle is anticipated to be $1.3 million,
instead of the $1.2 million detailed in the July 27th, 2004 Council Communication. The
additional $100,000 cost is attributable to the need to purchase additional equipment
that will enhance voice and data communications.
As a result of the Council's action on July 27, 2004, $600,000 in Fiscal Year (FY)
2002-03 Homeland Security funds was allocated to commence the purchase of the
command and communication incident vehicle. The funding source for the additional
$700,000 to complete the purchase and construction of the vehicle will come from
FY02-03 and FY04-05 Homeland Security Grants awarded to the City of Glendale, as
well as Capital Improvement Plan (CIP) funding allocated for the Police Digital
Communication System (project # 60-9408). The identified CIP funds will be used to
cover $308,898 of the command incident van's total cost because the vehicle will serve
as the department's backup communication system if the regular radio system is
inoperable or if the communications dispatch center goes down.
The Police Department will incorporate $123,000 into a budget supplemental in
FY05-06 for ongoing expenses associated with the communications vehicle's operating
and maintenance costs and will put the vehicle into the replacement fund for
refurbishing and remodeling every 10 years. Any expenses occurred in FY04-05 will be
absorbed by the Police Department's existing operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$100,000 X X X 100,000
$291,102 X X X 291,102
X X X 308,898
Account Name, Fund, Account and Line Item Number:
47-7907-8300 ($100,000)
47-7906-8300 ($291,102)
CIP, 60-9408-8300 ($308,898)
The recommendation was to approve the final $700,000 in funding for the
remaining balance due on the purchase of the command and communication incident
vehicle from State Contract #M4-0027 from Durham Communications.
Mayor Scruggs opened the public hearing on Consent Agenda Item Nos. 1
through 10.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he
supports the Special Events license for the Golden Wheel organization and the
Kokopeli Winery Wine Festival. He asked the city to ensure the school district in which
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the Morning Star Estates subdivision is located is prepared to accommodate the
additional students. He said he also supports the emergency procurement of a
command and communications vehicle.
Mayor Scruggs closed the public hearing.
It was moved by Eggleston and seconded by Frate, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 10; and to
forward Liquor License Applications No. 3-953 for Eckerd Drugs, No. 3-955 for
Annie's Branded Bar & Grill, No. 3-956 for North Modern Italian Cuisine, No. 3-957
for Phoenix Ranch Market #4, Special Event Liquor License Applications for (1)
Golden Wheel Organization for a fundraiser for the West Valley Child Crisis
Center to be held on December 4, 2004 at 13327 North 65th Drive, and (2)
Kokopelli Winery for a wine festival to be held on November 12, 13, and 14, 2004
at the Arrowhead Towne Center, located at 7700 Arrowhead Town Center Drive, to
the State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval. The motion carried unanimously.
11. PENDERGAST PROPERTY LAND LEASE
This item was removed from consideration at the request of staff.
This is a request for the City Council to enter into a 30-year land lease on 13.64
acres of land, owned by the Pendergast family, located at the northwest corner of the
Bethany Home Road alignment and 91st Avenue. The intent of the lease is to provide
1,500 overflow parking spaces and buildings for use by the Fiesta Bowl, and sport fields
for related events. The subject lease was presented to the Council at the meeting.
Entering into the 30 year lease with the Pendergast Family will provide for 1,500
turf parking spaces adjacent to the Arizona Cardinals and Arizona Sports and Tourism
Authority facility, enhance the quality of life for Glendale's youth, provide economic
opportunities for the city, and provide additional buffering to the neighborhood.
In the Memorandum of Agreement with the Arizona Cardinals and the Arizona
Sports and Tourism Authority (AZSTA), previously approved by City Council, it states
that the overall number of overflow parking spaces may be reduced to 5,000 should the
city secure property adjacent to the facility that allows for a minimum of 1,500 turf
parking spaces.
Staff has been working with the Pendergast Family and the Fiesta Bowl to
finalize the lease for the 13.64 acres, which will allow for the 1,500 adjacent overflow
parking spaces and other opportunities as addressed above.
On September 28, 2004, the City Council adopted a resolution approving the
Memorandum of Agreement with the Arizona Cardinals and the AZSTA.
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The economic benefits to the city include increased sales tax revenues from
special events provided on the property, 1,500 turf parking spaces located adjacent to
the facility, turf parking along 91st Avenue to provide an additional buffer to the
neighborhood to the east, and youth sport opportunities.
The yearly lease payment is proposed at $227,266 for the first year, $239,891
for the second year, and $252,517 for the third year. Upon commencement of the
fourth year, the annual lease payment shall be subject to an appraised fair market value
of the land. Thereafter, annual lease payments will be adjusted every third year
through the 15th year, based upon the then appraised fair market value of the land.
Upon the commencement of the 16th lease year, the annual lease payment will be
subject to a 3% annual increase from the lease payment made during the 15th year.
The recommendation was to authorize the entering into of a 30-year land lease
with the Pendergast Family on 13.64 acres of land located at the northwest corner of
the Bethany Home Road Alignment and 91st Avenue.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
12. APPEAL OF CONDITIONAL USE PERMIT APPLICATION CUP-04-05: LONG
JOHN SILVER'S/A&W, 20175 NORTH 67TH AVENUE
Mr. Jon Froke, Planning Director, presented this item.
This is an appeal of the Planning Commission's approval of a Conditional Use
Permit to allow a convenience use in the C-2 (General Commercial) zoning district.
The site is part of a 14.3-acre shopping center located at 20175 N. 67th Avenue.
A majority of the shopping center is developed with inline retail shops, daycare, a bank,
and an office development currently under construction. The applicant intends to
construct a 2,741 square foot Long John Silver's/A & W restaurant, with a drive-thru
window, on a .92-acre parcel.
On July 15, 2004, the Planning Commission, on a 3-2 vote, approved Conditional
Use Permit CUP04-05, subject to three stipulations. On July 28, 2004, Councilmember
Martinez filed the appeal.
Notification letters and meeting invitations were mailed to approximately 530
property owners and other interested parties advising of this application. On December
3, 2003, the applicant held a neighborhood meeting to discuss this proposed
restaurant. Thirty-five people attended this meeting. Primary issues discussed
included general details of the business, the hours of operation, and the traffic created
by this project.
The recommendation was to conduct a public hearing and determine if
application CUP04-05 meets the required findings for Conditional Use Permit approval.
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If the City Council decides to approve the Conditional Use Permit, the approval should
be subject to the three stipulations recommended by the Planning Commission.
Councilmember Goulet asked if the businesses located to the east have access
from behind. Mr. Froke responded yes, explaining customers can access the
businesses from the west and a service drive is located on the east side.
Councilmember Goulet asked at what time of day are most deliveries made to those
businesses and what is the proximity of the delivery access to residential properties.
Mr. Froke stated the shopping center was one of the first built in Arrowhead Ranch and
has the old C-2 zoning that does not address hours of operation. He said, therefore,
the businesses are basically allowed to receive deliveries at any time. He stated,
however, he is not aware of any businesses that receive late night deliveries.
Councilmember Goulet asked if any complaints have been received from the
residential neighborhood concerning deliveries. Mr. Froke responded no.
Councilmember Goulet asked if the southern portion of the driveway that has access to
the drive-thru would have a wall. Mr. Froke referenced the site plan, stating a screen
wall is not proposed along the south boundary. Councilmember Goulet asked if one is
necessary. Mr. Froke responded no, explaining their intent is to screen parking from
public roadways. Councilmember Goulet asked if the southern end would be
landscaped. Mr. Froke said yes and explained at least 20 percent of the site must be
landscaped.
Councilmember Lieberman asked if Council's role in this case is to determine if
the Planning Commission correctly interpreted the required findings. Mr. Tindall
explained an appeal of this kind is an appeal, not of the record, but anew. He said,
therefore, all factual information brought forward can be considered by the Council and
the Council will be asked to make its own findings based on the five required criteria.
He confirmed for Councilmember Lieberman that new information could be presented
and considered by the Council. Councilmember Lieberman noted this is the first appeal
in which the Council has been allowed to consider new information. Mr. Tindall
explained appeals of decisions by the Board of Adjustment, which is a quasi-judicial
body, are limited to the record, but appeals of Planning Commission rulings are not.
Councilmember Lieberman respectfully disagreed, stating; the Planning Commission is
a judicial review panel whose decisions become law.
Mayor Scruggs pointed out that, while Mr. Froke advised the Council this is a
simple matter of choice, staff's conclusion says the request does not appear to meet
Finding B of the five required findings of Conditional Use Permit approval and,
therefore, should be denied. Mr. Froke agreed and clarified his comment about it being
a matter of choice was in regard to the context of the site. Mayor Scruggs asked if the
Council is required to meet all five of the required findings. Mr. Froke responded yes.
Mayor Scruggs stated the Planning Commission is an advisory body and the only cases
over which the Commission has approval authority are Conditional Use Permits that are
not appealed. Mr. Froke agreed.
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Mayor Scruggs referenced materials provided to the Council that were not made
available to the Planning Commission, a letter in opposition from Westwood Financial
Corporation who owns the majority of the adjacent shopping center and a second letter
of opposition from Sunbelt Management Company who owns the center directly across
the street. She said a significant number of petitions were also not presented. Mr.
Froke agreed, stating there has been a lot of citizen participation on both sides of the
matter and staff continues to receive correspondence in both directions. He noted one
of the three speakers at the Planning Commission hearing submitted a stack of
petitions which were presented to the Commissioners the night of the public hearing
and more petitions in opposition have since been received.
Mr. Froke confirmed for Councilmember Clark that staff made the same
recommendation that Finding B was not met to the Planning Commission as it is
making to Council.
Councilmember Goulet asked why staff feels the application fails to meet Finding
B, stating he does not see how the proposed use poses a threat to the health, safety or
general welfare of persons. Mr. Froke explained the Arrowhead Ranch Master Plan
does not have a situation where two conditional uses of this nature are located adjacent
to one another. He said a fast-food use is already located in the center and a second
convenience use is located to the south. Councilmember Goulet asked if distance, not
use, is the key factor. Mr. Froke said both the uses and their proximity to one another
are important factors. Councilmember Goulet asked if the Planning Department would
object to the application if the two uses were located a mile apart. Mr. Froke said
probably not.
Councilmember Martinez noted a speaker at the Commission hearing expressed
concern that people exiting from the proposed project heading south will come in
conflict with people exiting north out of the Village at Arrowhead center. He said similar
accidents already occur without the impact of the additional traffic the proposed use
would generate. He pointed out the applicant claimed 60 percent of the business
revenue is reliant upon the drive-thru, stating his comments show that the use will
generate a lot of traffic.
Councilmember Clark asked if staff's recommendation would be the same if the
same situation occurred in a different area of the city. Mr. Froke said each Conditional
Use Permit is considered on an individual basis. He noted a freestanding building with
no drive-thru could be developed without the need for a public hearing. Councilmember
Clark asked at what distance are two convenience uses considered too close. Mr.
Froke stated the two uses in the subject case are adjoining. Councilmember Clark
commented the uses are too close for the subject site in Arrowhead.
Mayor Scruggs referred to the Planning Commission meeting minutes wherein
staff indicated they were not aware of two convenience uses being located next to each
other anywhere in the city. She asked if staff has since become aware of a similar
situation existing elsewhere in the city. Mr. Froke said the only situation staff could find
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is on the northeast corner of 59th Avenue and Thunderbird. He said, while there is a
whole row of convenience uses on Glendale Avenue, the development standards call
for strip commercial and were established in the 50's. Mayor Scruggs asked Mr. Froke
to describe the situation at Hillcrest Ranch. Mr. Froke explained the shopping center is
located on the northwest corner of 67th Avenue and Deer Valley Road and from a
planning and land use standpoint the center is designed in a manner that fits in well
with the neighborhood. He stated a convenience use is located on the northwest corner
of the intersection and a fast food restaurant is located three to five hundred feet to the
west on Deer Valley Road
Councilmember Martinez noted the two subject uses on this site are only
separated by a driveway that would be common to both.
Councilmember Frate said after witnessing the results of the situation at 59th
Avenue and Thunderbird Road he would never again approve a conditional use permit
for a drive-thru convenience use in a congested area.
Councilmember Goulet asked if a use that was not a food use, but a business
with a drive-thru drop-off window, would be considered materially detrimental. Mr.
Froke said it is difficult to answer without the benefit of a site plan. He said the size of
the building, expected traffic volume, the location of the window, and what, if any,
conflicts will result within the center would have to be taken into consideration.
Councilmember Goulet asked if another use that met all of the technical requirements
would be considered to have a negative impact. He stated he does not believe anyone
driving away from the restaurant drive-thru will be any more reckless than anyone else
exiting other centers throughout the city.
Councilmember Lieberman said he couldn't find that the proposed use will be
detrimental to the health, safety or general welfare of the neighborhood or has an
adverse impact on adjacent properties. He expressed his opinion the proposed
business will actually help other businesses in the shopping center. He questioned
whether the existing dollar store offers a significant value to the neighborhood.
Councilmember Martinez pointed out the dollar store did not require a
Conditional Use Permit. He noted the owner of the majority of the center has plans to
renovate and upgrade the center. He said Mr. Banchek's letter explained the applicant
originally approached them asking for a variance to the CC&R's to accommodate a
larger than allowed sit-down restaurant. His letter went on to state they approved the
applicant's request and amended the CC&R's. Councilmember Martinez said Mr.
Banchek continued stating they were recently informed the applicant no longer intended
to build a sit-down restaurant but a fast-food drive-thru restaurant. He said Mr.
Banchek strongly urged the Planning Commission to deny the request for a Conditional
Use Permit.
Councilmember Martinez read a fax from Mr. Robert Griffin, Vice President of
Sunbelt Management Companies dated October 5, wherein Mr. Griffin says he strongly
14
disapproves of the Conditional Use Permit and supports the appeal. He said the fax
states the shopping center and surrounding homes are attractive and upscale and the
proposed use does not fit with that image. Councilmember Martinez pointed out only
five Commissioners were present at the Planning Commission hearing and the
Commission never received copies of a petition with 37 names that was submitted at
the last minute by Mr. Slattery. He said, since that time, he has received two additional
petitions, one with 21 names and one with five names. He stated the proposed use
would have a serious impact on the surrounding neighborhood. He noted receiving one
letter in favor and one letter in opposition to the request just prior to tonight's meeting.
He said, overall, he has received approximately 15 letters in opposition and only five in
support of the application.
Mr. Mark Osborn, Applicant's representative, clarified the applicant's hours of
operation will match those of the existing fast-food use and stores. He assured the
Council they intend to be good citizens and good neighbors. With regard to the upscale
character of the center, he said they are committed to matching the center after it is
upgraded or the center across the street, which ever the city prefers. He referenced an
information packet distributed at the Planning Commission meeting, which includes a
number of examples of different facilities and designs they have done in the past. He
stated the applicant believes the use is appropriate for the center, noting 77 percent of
the 300 neighbors they polled support the drive-thru and its required Special Use
Permit. He stated the applicant is willing to work with residents to allay their concerns.
He suggested the quality of their store would actually encourage the adjoining
restaurant and dollar store to upgrade their facilities. He stated the pad has been
vacant for 12 years and, given the proximity of the dollar store, the types of tenants
interested in citing at the center are limited. Mr. Osborn stated Westwood Financial's
letter did not mention the number of concessions the property owner would have been
required to make to allow the additional parking.
Councilmember Goulet asked Mr. Osborn what assurances the city has that the
applicant will stay current with the architectural designs of the center in the future. Mr.
Osborn said they would be willing to work out an agreement if necessary. He offered to
walk the Council through their upgrade schedule, stating it is likely they will upgrade
more frequently than the larger center or the adjoining fast-food restaurant.
Mayor Scruggs stated she previously suggested they do stonework to match the
center across the street and was told doing so would be cost prohibitive. She asked
what has changed since that time. Mr. Osborn stated they are willing to work with the
city on reasonable design standards because they believe it is important to match the
upgraded center. He said, depending on the specifics of the city's request, matching
the stonework across the street may be within reason.
Councilmember Martinez noted he was not included in the group of residents the
applicant polled. He pointed out the majority of those opposed to the application live
within one-half mile of the site, while those who support the project are outside that
range.
15
Mayor Scruggs opened the public hearing on Agenda Item No. 12.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
initially felt the proposed fast-food restaurant would be an appropriate use, but now
feels the city should listen to residents in the area and come to a compromise.
Mr. Bob Bohart, a resident of the City of Glendale Ocotillo District, stated the
issue was continued at the Commission's June 17 workshop and he was absent when
the case was heard at the subsequent meeting. He said had he been there he would
have voted in favor of the Conditional Use Permit and stated so at next public hearing.
He stated Commissioner Maynard, who was also absent from the meeting, later
indicated he too would have voted in favor of the application. He referred to a letter
written by one of the Commissioners; wherein the Commissioner stated in lieu of his
personal participation he was expressing his opinion the Commission should vote to
deny the request. He said Commissioners are not supposed to make comments prior
to the public hearing, noting the letter was dated June 9, 2004. He expressed concern
that the letter could have swayed some votes.
Mr. Bohart stated he heard several times that the proposed use was not
appropriate for Arrowhead at the July public hearing, noting the previously referenced
letter stated nowhere else in Arrowhead Ranch does a similar situation exist and
approval of the request would set a precedence for future requests. He explained each
Commissioner, except one, is assigned to a district and all other areas of the city have
multiple Conditional Use Permits for convenience uses with drive-thru's. He said, while
the Commission acts in an advisory role, Council's denial of their recommendation
would send the message that different standards apply for the Arrowhead area. He
stated he has served on the Commission for four years and has spent that time looking
out for the city, his district and the citizens. He said denial of the application would set
precedence for developers citywide. He stated, despite his encouragement to residents
to attend the Council meeting regardless of whether they support or oppose the
proposed use, it is a fact that the majority of people who attend Council meetings do so
because they are opposed to an item. He expressed his opinion the majority of
residents in Arrowhead support the application. He urged the Council to keep in mind
that, while the Northern Crossing's development had strong public opposition, it has
brought a great deal to the community. He noted his letter to the Planning Department
and his Councilmember was pulled from the Council's packet.
Ms. Mickey Lund, a resident of the City of Glendale Barrel District, noted she
was one of two Commissioners who voted to deny the Conditional Use Permit. She
explained she gave first consideration to the neighborhood and serious consideration to
the owner of the property who felt the drive-thru would devalue his investment. She
said her decision to deny the Conditional Use Permit came down to the required
Finding B. She stated the city has changed the way it looks at proposed uses, giving
consideration to the impact the use will have on the city as a whole. She said staff's
Finding B sends the message that the city has reached the point where it has a choice
16
as to what it wants to see on its commercial properties. She stated the fact that a side-
by-side drive-thru is now considered materially detrimental to the health, safety and
general welfare of a neighborhood tells her the city is finally taking a stand. She
expressed her opinion denial would set precedence and send a message that nowhere
in Glendale will side-by-side drive-thru's just be accepted.
Ms. Andrea De La Cerda, a resident of the City of Glendale Cholla District,
stated the proposed use is not upscale and there is nothing worse than the smell of
stale fish grease. She said she was initially informed that a Willie and Guiermos would
be built on the pad and, in fact, was assured Long John Silver's restaurant was not
going to be built. She stated, while a dollar store exists in the center, two wrongs do not
make a right. She expressed concern that her property will be devalued.
Mr. Al Langa, a resident of the City of Glendale Cholla District, stated he was
President of the Homeowners Association for Arrowhead Ranch Phase I in December
of last year, noting their community has about 1,530 homes. He said he had the
opportunity to facilitate a board meeting at which the board members unanimously
agreed they would rather see a business other than a fast-food restaurant go into the
center. He explained traffic was their primary concern and they hoped a sit-down
restaurant would be proposed. He stated an unscientific and impromptu survey
conducted during an event at the park last December found the vast majority of
residents wanted a sit-down restaurant. He stated a use other than a drive-thru type
business is preferred given the tremendous congestion that already exists at the
intersection of the Loop 101 and 67th Avenue.
Mr. Robert Knochenhauer, a resident of the City of Glendale Cholla District,
stated the city has two choices as the Arrowhead Ranch area ages, to move in a
direction that will lead to the decline of the neighborhood or to move in a direction that
will help maintain the neighborhood's quality. He expressed his opinion two adjacent
drive-thru uses should be prohibited in all areas of the city.
Ms. Barbara Garland, a resident of the City of Glendale Yucca District, stated
she does not live in the immediate area but supports the application because she
believes Council's vote will influence and impact the rest of the city. She said she
listened to the Planning and Zoning Commission meeting and read staff's summary of
the case and believes approval of the appeal would be discriminatory and lead to
negative impacts throughout the city. She stated she also read the results of the public
participation meetings and communications with Councilmember Martinez. She said
the public participation meeting was attended by approximately 35 people, despite 530
household mailings. She stated, while questions were raised concerning the hours of
operation and trash pickup, the concerns could be easily resolved through stipulations,
noting the applicant has indicated both verbally and in writing its willingness to work with
the city. She said the previous proposal for a sit-down restaurant was withdrawn due to
its impracticability and, although the residents desire for a sit-down restaurant is
understandable, it is not a land use concern.
17
Ms. Garland commented staff's original recommendation for denial was
predicated on two issues that while convenient uses are permitted in this site area no
other sites in the area have two fast-food restaurants next to each other and that
Finding B of the five required findings was not met. She stated there are no health or
safety concerns that are not already present in the shopping center. She said the traffic
concerns raised by Mr. Slattery would not be significantly different than what the
shopping center now offers. She stated the applicant has met all city requirements that
a similar business in a similar zoning district is required to meet and has indicated a
desire to address the concerns of the neighborhood. She said the applicant has
located its business near an arterial street and proposed only internal direct access to
the site. She expressed her opinion the proposed use does not propose any traffic
concerns that the shopping center itself has not already addressed and resolved. She
stated staff's analysis confirms that the site is adequate and that the proposed project is
consistent with city policies and objectives, the general plan and the zoning ordinance.
She said by failing to limit second or third use permits in other areas of the city, the
Council has already acquiesced to such permits. She stated denial of the subject
application would be discriminatory and detrimental to other businesses. She said the
reasons for denial originally presented to the Council are not land use concerns and
she urged the Council to grant the Conditional Use Permit.
Mr. Ben White, a resident of the City of Glendale Cholla District, stated he
opposes the applicant's request for safety reasons. He said he and his wife walk along
that street and the traffic that would be added by the proposed use would make the
intersection even more dangerous. He stated people going through the drive-thru are
more focused on the food than their driving and may injure people driving or walking in
the area. He pointed out the people who have spoken in favor of the request do not live
in the area. He asked the Council to deny the appeal.
Ms. Penny Knochenhauer, a resident of the City of Glendale Cholla District,
stated she has lived in Glendale for 27 years, 16 of which have been spent in
Arrowhead Ranch. She said she loves the area and wants to stay there and see the
area improve. She stated she opposes the applicant's request because they believe a
better use exists for the pad. She expressed her opinion the proposed use will do
nothing to help revitalize the area. She referenced a newspaper article published in the
Arrowhead Independent where the hours of operation of the Burger King were listed as
10:00 a.m. to 10:00 p.m. and 10:00 a.m. to 11:00 p.m. for the drive-thru. She said one
article she read stated the applicant's hours would be in coordination with Burger
King's, but a second article one month later stated they would keep the drive-thru open
until 2:00 a.m. She displayed photographs of an A&W and Long John Silver's facility
located at 107th and Grand Avenues, describing it as long, skinny and colorful. She
questioned whether that kind of business would fit in with the Tuscany theme planned
for the center. She stated Council's decision would have a long-lasting impact,
explaining the drive-thru will remain even after Long John Silver's moves on. She
stated traffic exiting Burger King's drive-thru, Long John Silver's drive-thru and the
shopping center would converge at the one driveway onto 67th Avenue. She
18
encouraged the Council to look at the long-term picture and asked that they deny the
Conditional Use Permit for the drive-thru.
Ms. Karen Easley, a resident of the City of Glendale Cholla District, noted she
submitted a written statement to Council because she originally thought she would be
unable to attend. She stated she opposes the proposed Long John Silvers/A&W
restaurant, explaining the community does not need another drive-thru restaurant or the
traffic and noise associated with the restaurant. She expressed concern about the
value of her property, noting she and other residents in her neighborhood were shocked
and upset at the construction of the 99¢ Store. She said the proposed restaurant does
not fit the image of the neighborhood and urged the Council to demand that a better
use be found.
Ms. Deborah Williams, a resident of the City of Glendale Cholla District, noted
she lives across the street from the shopping center, but neither she nor her neighbors
were included in the applicant's poll. She said she opposes side-by-side drive-thru
uses and traffic is a major concern. She stated she would also prefer not to smell fish
24-hours a day. She expressed her opinion the use is bettered suited for Bell Road.
Ms. Kimberlee Knochenhauer, a resident of the City of Glendale Cholla District,
said she grew up in the neighborhood and hopes to buy a house in Arrowhead Ranch.
She said she jogs the streets often and sees many other people walking, riding bikes or
skating around the neighborhood. She stated a drive-thru would increase the number
of automobile accidents.
Ms. Gerri Hofius, a resident of the City of Glendale Cholla District, said she and
her family support the permit for the Long John Silvers and do not believe the traffic that
results will be a health or safety issue. With regard to complaints about the smell, she
pointed out the smell of food is also emitted from AJ's, Pei Wei and Burger King. She
disregarded concerns that the restaurant will negatively impact the value of homes in
the area, stating fast food is just a part of life. She said the restaurant would provide
more food choices to people in the area and bring revenue to the city.
Mayor Scruggs closed the public hearing.
With regard to the letter referenced by Commission Bohart, Councilmember
Martinez explained the Commissioner wrote the letter because he thought he would be
out of town for the meeting. He expressed his opinion there will be a safety issue, as
the drive-thru will bring a lot of traffic to an already congested area. He stated the only
thing that will separate the two fast-food uses is one common driveway. He said the co-
owners of the property are long-time residents of the district and he appreciates their
intentions and vision for the center. He stated, while he believes the area would benefit
from a fish house, he does not believe Long John Silvers fits the bill. He pointed out all
but three people who spoke opposed the application and two of the three in favor live
outside the area.
19
It was moved by Martinez, and seconded by Eggleston, to overturn the
decision of the Planning Commission for Conditional Use Permit 04-05.
Vice Mayor Eggleston commented drive-thru uses are subject to a Conditional
Use Permit because of the negative impacts they can have on the surrounding
neighborhoods. He expressed his opinion the request should be denied given the
number of concerns registered by the property owner and surrounding neighbors. He
questioned whether Finding D could be made, stating he would not approve a drive-thru
window for any kind of use at that location given its access onto a very busy street. He
said the drive-thru is expected to account for 60 percent of the restaurant's business,
resulting in a lot of traffic and unsafe conditions.
Councilmember Clark said she supports the Planning Commission's
recommendation of approval, noting she has never been more disturbed or offended by
a land use question than this one. She read the following excerpts from some of the
emails Councilmember Martinez received: "Certainly not the image most of us would
like Arrowhead Ranch to be noted for." "It seems to me we could do better than a Long
John Silvers restaurant. I can't see where it adds anything to the neighborhood." "We
feel that that type of fast-food chain would degrade the area." "Nothing against these
establishments, they do have a place, but not at the 67th Avenue site." "Does not fit the
image." "A fast food business at this location is really not the best use." "It's not
upscale." "We need a higher class restaurant." "It's degrading it (the neighborhood)".
"We citizens have better plans." She stated she is disturbed by the comments and can
remember discussions about Northern Crossings when people unsuccessfully
campaigned for a sit-down restaurant. She asked if a sit-down restaurant that offered
drive-thru services would be acceptable. She said staff has stated the proposed land
use meets the technical findings and the only issue is Finding B, which is completely
subjective. She stated she is hearing that the proposed restaurant is not good enough,
although it is couched in terms of technical and safety issues. She said the applicant
has every right to locate at the proposed location and she supports their right to do so.
Councilmember Goulet thanked everyone who addressed the Council. He
pointed out the pad has remained vacant for 12 years, stating the city attempts to
eliminate blighted or under-utilized parcels by encouraging development. With regard
to concerns about traffic, He asked why the assumption is being drawn that people
going through a drive-thru are reckless drivers. He stated he has a vision for the city,
which includes a mix of uses, and he does not see how the proposed use will be so
materially detrimental that it negatively impacts property values and increases the
number of traffic accidents. He pointed out no one spoke out against the increase in
liquor licenses addressed during the Consent Agenda, some of which are located in the
same general area. He said people who visit liquor stores or other establishments that
serve liquor should be of more concern than people who are buying fish and chips. He
stated he was also concerned that the objections expressed in the emails were ones of
status or impression, not the application itself. He stated, while it may create some
angst or resentment among some residents of the neighborhood, he couldn't deny the
applicant's request.
20
Councilmember Lieberman pointed out people of the Cactus, Ocotillo and Yucca
Districts, managed to pay $42 million to establish Arrowhead, including its wastewater
treatment plant. He said in some areas of the city there are three drive-thru restaurants
in a row. He stated the Planning Commission voted three to two in favor of the
application and a sixth Commissioner indicated he would have voted in favor of the
application had he been present when the vote was taken. He questioned Mr. Froke's
interpretation of Finding B, stating he cannot find anything that indicates granting the
use permit will be detrimental. He said, despite objections to Northern Crossings, it has
become one of the best taxing units in the City of Glendale. He stated people in his
district and others deserve as much equality as the residents in the Cholla District and
that denying the application would set a bad precedence for the rest of the city. He
stated he supports the Planning Commission's recommendation and granting the use
permit. He thanked everyone for coming and addressing the Council.
Councilmember Martinez explained the drive-thru's on Glendale Avenue that
were referenced by Councilmember Lieberman have existed for over 20 years. He
stated the Burger King in Arrowhead Ranch was built about 15 years ago when the city
and conditions were different. He expressed his opinion certain businesses are
appropriate in certain areas and not in others. He stated some people do not like drive-
thru restaurants, while others do not like apartments, noting Councilmember Clark
stated at a previous meeting that if she were king for a day she would burn every
apartment.
Councilmember Frate said when the Wendy's next to Del Taco at 59th Avenue
and Thunderbird Road was proposed no one came out to voice any opposition;
therefore, it was unanimously approved by the Council. He stated people now complain
about congestion at the center. He said the situation at 59th Avenue and Thunderbird
should serve as an example that congestion problems will occur. He stated he will vote
against the application because repeating the same mistake and expecting a different
outcome is the definition of insanity. In response to Councilmember Clark's assertion
that preferential treatment is being shown to Arrowhead Ranch because of its economic
status, he said he would not likely approve the proposed situation for any area of the
city.
Councilmember Clark said she wants everyone throughout the city to be treated
equally and land use issues to be considered equally. She said in the subject case, she
does not believe that is occurring.
Mayor Scruggs supported Councilmember Clark's call for equality, stating the
Council always listens when citizens express extreme displeasure and opposition to a
case. She said that is what Finding B is about. She said not taking the comments and
feelings of people who have invested greatly within their community would be an
example of discriminatory behavior. She stated the Council has denied Conditional Use
Permits for drug stores and gas stations, as well as variances for lots where the
intention was to build rental housing because the plans were in opposition to the
21
desires of the residents who live in the area. She expressed her opinion that the
neighborhood in this case is being singled out and the name of the neighborhood is
being used in harsh tones. She pointed out people living in Arrowhead Ranch have
contributed $80 million to build the waste water treatment plant planned in the western
part of the city.
Councilmember Lieberman took exception, stating the entire city is paying the
$80 million, whereas only those who lived in the city at the time paid for the Arrowhead
water treatment plant. Mayor Scruggs agreed.
Mayor Scruggs referenced Finding D, stating there is no direct access to the site
from any public street. She said what concerns her most is that the residents who live
near the subject site seem to have fewer rights to have their voices heard than people
who live in other areas of the city. She stated the Council has always given serious
weight to the opinions of the property owners who would be most effected by a project.
She agreed with staff that Finding B has not been met, stating she does not believe
Finding D has been met either. She said she would support reversing the
Commission's decision.
Upon a call for the question, the motion carried on a roll call vote, with the
following Councilmembers voting "aye": Scruggs, Eggleston, Martinez and
Frate. Members voting "nay": Clark, Goulet and Lieberman.
BIDS AND CONTRACTS
13. AWARD OF CONTRACT TO UPDATE DEVELOPMENT IMPACT FEES
Mr. Ken Reedy, Deputy City Manager, presented this item.
This is a request for the City Council to award a contract to Tischler & Associates
to update Glendale's development impact fees in an amount not to exceed $92,600.
The development fee update is consistent with the Council's goal of ensuring the
city's financial stability and ensuring new growth pay its fair share of required capital
costs.
The city's financial policy states that, "Where possible, projects that are
constructed in response to growth in the community should be financed through growth
in the tax base or through development impact fees".
Development impact fees (DIF) are one-time charges to developers that are
used to offset the costs resulting from new development. In 1994, the city undertook an
impact fee study that was completed and implemented on February 1, 1997. At that
time the Council requested that the fees be revisited and updated every three years.
22
In July of 1999, the Council approved the selection of Tischler & Associates to
provide an update in 2000 and again in the spring of 2001.
Based on the Council's desire to revisit the fees every three years, another
update is needed at this time. All current DIFs, with the exception of water and sewer
DIFs, will be updated. The water and sewer DIFs were updated, as part of the Utilities
Department's needs assessment that was presented to the Council in November and
December of 2003.
Tischler & Associates has calculated impact fees for jurisdictions across the
country with populations ranging from 2,000 to over 1,000,000. Tischler & Associates
has been involved in impact fee studies for Avondale, Buckeye, Carefree, Casa
Grande, Coolidge, Eloy, El Mirage, Flagstaff, Gilbert, Goodyear, Northwest Fire District,
Peoria, Phoenix, Queen Creek, Scottsdale, Surprise and Tolleson.
The time estimated to complete the impact fee report is approximately four
months from the start of study.
The last update was completed by Tischler & Associates and adopted by City
Council in the spring of 2001.
The development fee update is consistent with the Council's goal of ensuring the
city's financial stability and ensuring new growth pay its fair share of required capital
costs.
The fee update will allow the city to continue to coordinate new growth with the
services demanded.
Developers pay development impact fees when they construct new residential
and commercial developments. These fees cover the increased cost to the city of
providing new infrastructure in the following categories: parks, recreation facilities, open
space and trails, libraries, streets, police, fire/emergency, solid waste services,
transportation, general government, and water and sewer.
Funding for this proposal is available in Account No. 01-2410-7330 and the
current DIF accounts. Tischler & Associates consultant cost can be recaptured as part
of the impact fee calculation. The costs can be paid out of the current impact fee
accounts.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $92,600 $92,600
Account Name, Fund, Account and Line Item Number:
01-2410-7330
Various Development Impact Fee accounts
23
The recommendation was to award a contract with Tischler & Associates for an
update of Glendale's development impact fees in an amount not to exceed $92,600.
Mayor Scruggs opened the public hearing on Agenda Item No. 13.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stressed the
importance of reviewing fees associated with development, stating the city needs to
make sure it stays on top of rising expenses. He said Glendale citizens should not
have to directly or indirectly pays for expenses developers fail to pay.
Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Clark to award a contract
with Tischler & Associates for an update of Glendale's development impact fees
in an amount not to exceed $92,600. The motion carried unanimously.
14. AWARD OF CONSTRUCTION CONTRACT — FIRE STATION NO. 159, PHASE
ONE
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for City Council approval of a Construction Manager at Risk
contract with FCI Constructors, Inc. for the first of two phases of building Fire Station
No. 159, located on 63rd Avenue, north of Bell Road. This first phase includes site
grading, drainage, underground utilities, building foundations, and construction of off-
site improvements.
This is also a request for the City Council to authorize a one-time transfer of
$1,093,796 in Fiscal Year (FY) 2004-05 capital contingency appropriation authority and
funds to cover the additional cost of the fire station above the amount budgeted for the
project.
This facility will help meet the Council's goal of providing public safety services in
the community, and enhancing the quality of life for people who live, work, and visit the
area served by the new station.
The continued residential and commercial growth in the northwest area of the
city has made additional fire and life safety services necessary to adequately protect
the area. The new fire station will include four apparatus bays and living quarters for
two fire engine companies. Staff was requested to have the new fire station in
operation by July of 2005. In order to accommodate the compressed project schedule,
a two-phase construction process is required. While the contractor is working on the
first construction phase, the architect will submit the building plans for the second
phase of work for permit review. Once the building plans are approved, a second and
final construction contract will be requested in order to complete the construction of the
24
fire station. It is currently anticipated that the request for the award of the second
phase construction contract will be in late November of 2004.
In 2002, the Council approved the purchase of approximately 1 .56 acres on the
east side of 63rd Avenue, north of Bell Road, for the construction of a new fire station.
On July 13, 2004, the Council awarded a professional services agreement to DWL
Architects, Inc. for design and construction administration services, and a Construction
Manager at Risk contract to FCI Constructors, Inc. for design support services for Fire
Station No. 159.
This fire station project will have a direct impact on emergency response times in
this part of the city, providing more immediate medical assistance to those in critical
need, as well as faster fire response capabilities.
The budget for this project is $2,669,788. The estimated total cost, based on the
preliminary design for the project, is now $3,763,584. The final cost will be established
once the bids for phase two are received within the next two months. The additional
cost of $1,093,796 is attributable to several factors: a change in Fire Department
philosophy on station sizing in support of operations accounted for a 1,900 square foot
increase, from 12,500 square feet to 14,400 square feet ($427,000); original estimates
did not include funding for connecting to the Phoenix Regional Emergency Response
Communication System ($45,000); and insufficient funding for design and construction
administration costs, overhead electric relocation, and building phone and data support
systems ($246,000). In addition, the estimated costs of materials, such as concrete
and steel, have escalated due to worldwide shortages ($375,796).
To cover the costs for this project, $1 ,093,796 needs to be transferred from
Capital Improvement Plan Carryover Contingency, Account No. 01-9809-7000 to New
Fire Station Construction and Equipment, Account No. 60-9019-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,339,806
Account Name, Fund, Account and Line Item Number:
New Fire Station Construction and Equipment, Account No. 60-9019-8330
The recommendation was to authorize the transfer of a total of $1,093,796 in
Fiscal Year 2004-05 capital contingency appropriation authority and funds to cover the
additional cost of the fire station above the amount budgeted for the project and
approve the Construction Manager at Risk contract with FCI Constructors, Inc. in the
amount of$1,339,806.
Councilmember Clark asked if the city typically draws funds from the Capital
Contingency Account as needed. Mr. Broyles stated funds have been transferred from
the Capital Contingency Account on a couple projects in the past. Councilmember
25
Clark asked how much money is in the Capital Contingency Account. Mr. Broyles was
unable to answer and noted the Budget Director, who was not present, could give
Council the answer.
Councilmember Lieberman asked if the Capital Contingency Account is the
same thing as the Contingency Account. Mr. Broyles explained there are two separate
contingency accounts, one in the General Fund and one in the Capital Program. Mr.
Bolton from the Budget Department explained there is a CIP contingency that is
separate from the $16.5 million operating contingency set aside for the General Fund.
He said the CIP Contingency Fund is used to reconcile carryover from capital projects
year to year. He said the account starts with a zero balance and only grows if capital
projects get ahead of schedule. He estimated the account to currently have just over
$3 million.
Mayor Scruggs asked if this item came about because during the Council's
workshop sessions last spring, Council gave direction to expedite construction of the
station so it could open by the end of the current fiscal year. Mr. Bolton said the
account exists every year, but dollars are not budgeted for the account.
Councilmember Lieberman asked if a portion of the additional costs are related
to housing the heavy rescue truck at the station. Chief Mark Burdick explained two
stations were originally identified for north Glendale, but through the department's
accreditation and adoption of the National Fire Protection Association Standard 1710,
they were able to analyze the best location. He said, as a result, the station grew in
size by 1 ,900 square feet over the previous plan, but the second 12,500 square foot
station was eliminated. Councilmember Lieberman asked if funds had been allocated
for the second station. Chief Burdick stated the original CIP included funds for both
stations.
Councilmember Goulet asked if the property associated with the no longer
needed second station could be sold and the funds applied to the one-time transfer or
to another project. Chief Burdick said liquidation of any property would go through the
Council. Mr. Beasley explained how funds are used is based on the source of the
funding.
It was moved by Lieberman, and seconded by Clark, to authorize the
transfer of a total of $1,093,796 in Fiscal Year 2004-05 capital contingency
appropriation authority and funds to cover the additional cost of the fire station
above the amount budgeted for the project and approve the Construction
Manager at Risk contract with FCI Constructors, Inc. in the amount of $1,339,806.
The motion carried unanimously.
ORDINANCES
15. ARIZONA PUBLIC SERVICE UTILITY EASEMENT AT 6893 NORTH GLEN
HARBOR BOULEVARD
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Ms. Kathie Sholly, Property Manager, presented this item.
This is a request for the City Council to adopt an ordinance granting an
underground electrical power easement in favor of Arizona Public Service (APS) for
electrical service for the airport sewer lift station at 6893 North Glen Harbor Boulevard.
The city requested APS to install and maintain underground power service for
the day-to-day business operations of the airport sewer lift station. To do that, APS
needs an easement on city-owned property for its facilities.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an underground electrical power
easement in favor of Arizona Public Service.
Ordinance No. 2408 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY
EASEMENT IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY GRANTING AN
UNDERGROUND ELECTRIC POWER DISTRIBUTION EASEMENT FOR
ELECTRICAL SERVICE FOR THE AIRPORT SEWER LIFT STATION AT 6893
NORTH GLEN HARBOR BOULEVARD; AND ORDERING THAT A CERTIFIED COPY
OF THIS ORDINANCE BE RECORDED.
It was moved by Frate, and seconded by Martinez, to approve Ordinance
No. 2408 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.
16. LEASE OF CITY PROPERTY TO ARIZONA PUBLIC SERVICE FOR
SUBSTATION SITE
Ms. Kathie Sholly, Property Manager, presented this item.
This is a request for the City Council to approve a 25-year lease to Arizona
Public Service (APS) for approximately 1.6 acres of land north of the city's Pyramid
Peak Water Treatment Plant for use as an electrical substation site. Continuing growth
and development in the area has created a need for additional electrical distribution
capabilities. Construction of the substation at this location may enable APS to provide
a second line into the Pyramid Peak Water Treatment Plant, which will help ensure the
plant, has continuous power feed, even in the event of a partial outage.
In October of 2003, APS approached the city about the possibility of constructing a
substation on one to two acres of city-owned land located north of the Pyramid Peak
Water Treatment Plant. Staff has met with APS on several occasions and has worked
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out mutually agreeable terms and conditions for the lease of a 1.6-acre substation site
and access road. Briefly summarized, the proposed lease terms include:
• APS will lease a 1.6-acre substation and approximate 1-acre access road
from the city for $16,000 per year plus applicable taxes.
• Annual rental fee to be adjusted by the Consumer Price Index every five
years.
• Initial term is for 25 years, renewable for 25-year periods into perpetuity.
• Rental rate to be adjusted each renewal period, based on current appraisal.
• APS will initially pay $200,000 toward the cost to construct block perimeter
fencing of the city's property from APS' entry gate on Pyramid Peak Parkway
to the Central Arizona Project Canal right-of-way fence.
• This initial payment will be offset against rent payments.
• APS will work with the city to establish a dual feed system into the Pyramid
Peak Water Treatment Plant.
APS will pay $200,000 to help with part of the cost to construct a block perimeter
fencing of the city's property from APS' entry gate on Pyramid Peak Parkway to the
Central Arizona Project Canal right-of-way fence. The payment to the city by APS in
the amount of $200,000 and the consecutive rental payments should be placed in
Lease Revenue-APS, Account No. 83-0083-4698. To facilitate the payment for the cost
of the construction of the fence it is necessary to transfer $200,000 in appropriation
from Water and Sewer Contingency, Account No. 50-2455-7000 to Pyramid Peak
WTP-Solids Handling, Account No. 83-8029-8300.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute a lease agreement for a substation
site and access road north of the city's Pyramid Peak Water Treatment Plant in favor of
Arizona Public Service.
The recommendation was to authorize the transfer of a total of $200,000 in
appropriation authority only from Water and Sewer Capital Contingency.
Ordinance No. 2409 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY
MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH
ARIZONA PUBLIC SERVICE COMPANY FOR PROPERTY NORTH OF THE CITY'S
PYRAMID PEAK WATER TREATMENT. PLANT FOR USE AS AN ELECTRICAL
SUBSTATION SITE.
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It was moved by Martinez, and seconded by Frate, to approve Ordinance
No. 2409 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.
17. BEAD MUSEUM LEASE AGREEMENT
Ms. Jennifer Reichelt, Senior Management Assistant presented this item.
This is a request for the City Council to adopt an ordinance authorizing the
entering into of a new lease agreement with the Bead Museum.
The Bead Museum provides cultural arts to the community and enhances the
quality of life for Glendale residents.
The Bead Museum projects a positive image of Glendale, while strengthening a
relationship with the arts community.
The Bead Museum promotes Economic Development in downtown Glendale by
providing a tourist attraction and destination draw for visitors. The museum also brings
publicity and media coverage to the area.
In February of 1999, the City of Glendale entered into a 10-year lease
agreement with the Bead Museum for property located at 5754 West Glenn Drive,
Pursuant to the 1999 lease agreement, the Bead Museum was not required to
pay rent for the first five years, but $4,000 monthly payments were to begin in February
of 2004. The original lease also referenced that the current location could be temporary
and that the Bead Museum could be relocated to a permanent facility.
The 1999 agreement also stated that the city would provide up to $50,000 in
improvements to the existing facility, and up to $150,000 for improvements at a
permanent facility.
The city was responsible for maintaining and keeping the building and all of its
structural elements in good condition and repair. The lessee was responsible for
making all necessary repairs to the interior of the building.
The Bead Museum board has expressed interest in staying at their current
location in the downtown area. They have also expressed a need for additional space
for classrooms, storage, collections, and the library.
Details of the new lease agreement are as follows:
o 5-year term (2004-2009).
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o Requires the Bead Museum to remain at its current location throughout the
term of the lease.
o The Bead Museum must satisfactorily complete specific annual performance
measurements (such as providing an annual report to city on activities and
visitor count).
o The City of Glendale will complete renovations on the facility as a component
of the Downtown Plaza project including the expansion of the facility by 2,000
square feet.
o The Bead Museum will have dedicated classroom space in the renovated
Wells Fargo Building.
o Beginning February 1, 2007, or upon completion of the construction
improvements to Grand Avenue, rent will be paid at a minimum of $625 a
month. Future rental rates will be calculated annually and will be equal to 3%
of the annual gross revenues of the Bead Museum, but not less than $625
per month.
o After the completion of the renovations, the Bead Museum will have 10
designated parking spaces in the adjacent parking lot.
Specific performance measures/expectations that must be met each year include
submitting quarterly financial statements to the city, completing a comprehensive and
updated business plan by January 2005, and submitting annual reports to the city.
On December 22, 1998, the Council approved the current lease agreement with
the Bead Museum.
The Bead Museum provides a cultural benefit to the downtown area and
promotes cultural diversity, history and the arts. The Bead Museum attracts visitors
from all over the world and enhances our downtown community.
The museum has a track record of attracting over 10,000 visitors per year.
The Bead Museum will be contributing money in the form of rent to the city once
renovations and construction are completed. Along with rent payments, the city also
receives the economic benefit from tourists, local visitors, and the positive media the
Bead Museum attracts to the downtown.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the entering into of a new lease agreement with the Bead
Museum.
Connie Ms. Mapleson, Co-President of the Bead Museum, thanked the Council,
stating she looks forward to expanding the museum. She noted the museum currently
attracts about 20,000 visitors annually and offers outreach programs to over 5,000
community residents.
Mayor Scruggs opened the public hearing on Agenda Item No. 17
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Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said the
Bead Museum is a great example a business that attracts tourist dollars to the center of
Glendale. He urged the Council to keep that in mind as it considers other museums.
He asked the city to do what it can to increase the public's awareness of the Bead
Museum, thereby helping them remain self-sustaining.
Mayor Scruggs closed the public hearing.
Ordinance No. 2410 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY
MANAGER AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE
BEAD MUSEUM.
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2410 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.
18. INTERGOVERNMENTAL AGREEMENT AMENDMENT FOR A LAND
EXCHANGE AND JOINT USE PARK DEVELOPMENT
Mr. Richard Cardin Jr., Parks and Recreation Deputy Director, presented this
item.
This is a request for the City Council to approve an amendment to the
Intergovernmental Agreement (IGA) between the City of Glendale and Glendale
Elementary School District No. 40 for the joint use park site at 79th and Orangewood
Avenues. The procedural amendment allows for reconfiguration of the joint use park
site on the properties already owned by the district and city.
This amendment will allow for the development of a neighborhood park in this
square residential mile in accordance with the Parks and Recreation Master Plan and
the City General Plan. It also furthers the Council goal of developing partnership
opportunities.
On February 4, 2002, the Parks and Recreation Department purchased five
acres of property at 77th and Orangewood Avenues, adjacent to 15 acres of property
that had been acquired by the Glendale Elementary School District No. 40 for the
development of a school.
On December 16, 2003, the City Council approved an IGA between the district
and the city for the development and maintenance of a 10-acre joint use school/park
site. Approximately five acres were to be contributed by each party.
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On April 20, 2004, during the pre-design meeting for the school, the city
Transportation and Planning Departments recommended relocation of the joint use
park site; thus necessitating the exchange of property.
An amendment to the IGA is needed to acknowledge the land exchange,
recognize improvements made by the city, provide a method for reimbursing the city for
said improvements, and provide a new legal description for the joint park site.
The relocation of the proposed school and park sites will:
1. Allow the district to contribute the full five acres to the joint school/park site.
2. Provide better traffic flow for student drop-off and pick-up and buses.
3. Minimize parking congestion on streets adjacent to the park site.
Public meetings will be held as a part of the park design process.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing and directing the execution of the First Amendment to the
Intergovernmental Agreement and Land Exchange Agreement with the Glendale
Elementary School District No. 40.
Ordinance No. 2411 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 EXECUTION OF THE
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AND LAND
EXCHANGE AGREEMENT WITH GLENDALE ELEMENTARY SCHOOL DISTRICT
NO. 40 FOR THE EXCHANGE OF LAND AND DEVELOPMENT OF A JOINT PARK
SITE.
It was moved by Lieberman, and seconded by Clark, to approve Ordinance
No. 2411 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
19. INTERGOVERNMENTAL AGREEMENT FOR CITY ENHANCEMENTS TO THE
GRAND AVENUE UNDERPASS AT 59TH AND GLENDALE AVENUES
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
entering into of an Intergovernmental Agreement (IGA) with the Arizona Department of
32
Transportation (ADOT) for the incorporation of city-requested improvements to the
Grand Avenue underpass project at 59th and Glendale Avenues. The city-requested
elements include architectural enhancements, pedestrian plaza, and downtown
drainage system improvements.
The architectural enhancements to the Grand Avenue underpass and the
aesthetic design of the pedestrian plaza at the new 59th and Glendale Avenues
intersection will provide significant visual improvements to the Grand Avenue corridor
and the downtown area, and project a positive image for the community.
Design plans for the Grand Avenue Underpass project have been completed.
ADOT anticipates a start of construction for this project in February 2005. During the
design phase for this project, Glendale requested that ADOT incorporate aesthetic
elements in the project design in accordance with the implementation concepts
contained within the Grand Avenue Image Study. The aesthetic elements requested by
the city include architectural treatment to the top of the retaining walls and underpass
structure, decorative security fencing along both sides of the underpass, and an
attractive pedestrian plaza/deck on top of the underpass on all sides of the new 59th
and Glendale Avenues intersection.
The city also requested additional improvements to the project drainage system
to provide an increased level of storm water protection within the downtown area, and
the realignment of 57th Drive to intersect Grand Avenue at a preferred right angle. On
December 4, 2003, the Citizens Transportation Oversight Commission approved the
expenditure of Glendale Onboard funds as the city's share of the costs for the
acquisition of the property necessary for the 57th Drive realignment.
The City Council has approved similar agreements with ADOT for the
incorporation of aesthetic enhancements and other improvements for the four other
ADOT Grand Avenue intersection improvement projects in Glendale: the Grand Avenue
Overpass at 43rd Avenue and Camelback Road; the 51st Avenue Overpass at Grand
Avenue and Bethany Home Road; the Maryland Avenue Overpass at Grand and 55th
Avenues; and the 67th Avenue Overpass at Grand and Northern Avenues. All of these
other Grand Avenue intersection projects are now under construction.
The architectural enhancements to the Grand Avenue underpass and the
aesthetic design of the pedestrian plaza will provide significant visual improvements to
the Grand Avenue corridor and the downtown area. The additional improvements to
the drainage system will provide an increased level of storm water protection within the
downtown area.
The total cost to the city in this agreement for the city-requested improvements is
$3,248,277. Funds for all of the requested improvements are included in the Fiscal
Year (FY) 2004-06 Capital Improvements Program. The IGA provides for initial city
payment to ADOT in the amount of $2,923,277 in FY 2004-05, with balance of
$325,000 to be paid in FY 2005-06 to coincide with programmed city funds. To
33
facilitate the payment in FY 2004-05, a transfer in the amount of $914,371 is necessary
from Flood Control Fund, Contingency Account No. 65-8113-7000 to Downtown
Drainage Improvements, Account No. 65-9312-8300. Additionally, a transfer in the
amount of $845,629 from Bethany Home 75th -83rd Account No. 65-9311-8300 to the
drainage account is also necessary.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $3,248,277
Account Name, Fund, Account and Line Item Number:
Architectural Enhancements: Grand Avenue Grade Separation Enhancements,
Account No. 25-9468-8300 FY 04-05 $498,277 and FY 05-06: $325,000
FY 04-05: Pedestrian Plaza: Downtown Pedestrian Improvements,
Account No. 25-9467-8300 $435,000
FY 04-05: Drainage: Downtown Drainage Improvements,
Account No. 65-9312-8300 $1,760,000
FY 04-05: 57th Drive Realignment: Grand Avenue Access Control/Beautification,
Account No. 25-9447-8300 $230,000
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement with the
Arizona Department of Transportation for the incorporation of city-requested
improvements to the proposed Grand Avenue Underpass at 59th and Glendale Avenues
and authorizing the transfer of a total of $914,371 of appropriation authority only from
Flood Control Capital Contingency.
Mr. Broyles confirmed for Councilmember Clark this is the final design for the
project. Councilmember Clark stated the design is very interesting, but she would
suggest they add some trees for shade. Mr. Broyles explained trees are not shown in
the diagram because it is on top of the concrete deck. Councilmember Clark suggested
they add planters. She asked if the Bethany Home Flood Control project finished or is
at a position where it can be delayed for a couple years to allow funds to be reallocated
to the Grand Avenue underpass. Mr. Broyles stated they are asking for the transfer of
appropriation authority only. He said funds are available to pay for the Glendale
Avenue storm drainage and would be replaced next year when street improvements are
planned for Glendale Avenue.
Councilmember Goulet asked to see a full rendering of the project, stating the
drawing shown by staff depicts planters at each end of the pedestrian feature, which
appear to prohibit walking. He asked if the drawings are available on the city's website.
Mr. Broyles responded no.
Councilmember Lieberman stated, while the project is beautiful, he does not
support it because it will be difficult to get into downtown Glendale. He noted ADOT
admitted 18 to 22 businesses in downtown Glendale will cease to exist and that it will
take three years to bring them back. He asked how they can spend a fortune in
bridges, but keeps the railroad tracks at grade. He said they jumped the railroad tracks
34
at Olive and Maryland, but the railroad tracks will remain at grade at the city's busiest
intersection.
Councilmember Frate asked about the dimensions of the pedestrian deck. Mr.
Boyles offered to provide the dimensions when they return with the full size drawings.
Councilmember Lieberman pointed out the right-of-way is owned by ADOT. Mr.
Broyles said Grand Avenue is located in ADOT's right-of-way, but maintenance of the
bridge over the right-of-way will be Glendale's responsibility.
Resolution No. 3799 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
THE INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT
OF TRANSPORTATION FOR IMPROVEMENTS TO THE PROPOSED GRAND
AVENUE UNDERPASS PROJECT AT 59TH AND GLENDALE AVENUES.
It was moved by Clark, and seconded by Goulet, to pass, adopt and
approve Resolution No. 3799 New Series. The motion carried unanimously.
20. INTERGOVERNMENTAL AGREEMENT AMENDMENT FOR THE 67TH
AVENUE OVERPASS AT NORTHERN AND GRAND AVENUES
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
entering into of a second amendment to an existing Intergovernmental Agreement
(IGA) with the Arizona Department of Transportation (ADOT) for the 67th Avenue
overpass project at Northern and Grand Avenues. This amendment provides for an
ADOT payment to the city for its share of the costs for the design and construction of a
sound wall along 67th Avenue, reimbursement to the city for advance utility relocation
work performed by the city, and a reduction in city costs for the redesign of the
overpass structure for future Northern Avenue widening.
The architectural enhancements to the 67th Avenue Overpass included in the
initial IGA will provide visual improvements to the Grand Avenue corridor. The jointly
funded construction of a sound wall will help mitigate sound from 67th Avenue and the
ADOT project for the adjacent neighborhood and improve the quality of life for those
residents.
The 67th Avenue overpass project is currently under construction. The initial IGA
between the State and the City for this project provided for the incorporation of city-
requested aesthetic enhancements and other improvements in the project.
Amendment one to the IGA was executed to provide for a city request for design
adjustments in the overpass structure to accommodate the future widening of Northern
Avenue. A Neighborhood Partnership Grant previously approved by the Council for the
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Orange Grove Estates registered neighborhood will fund the city's share of the wall
costs.
On April 16, 2003, the Council approved the initial IGA with ADOT for this
project. This IGA is filed as Number C-4775. On June 24, 2003, the Council approved
amendment number one to the IGA, filed as C-4775-1.
The architectural enhancements to the 67th Avenue overpass will provide visual
improvements to the Grand Avenue corridor. The jointly funded construction of the
sound wall along 67th Avenue will help mitigate noise from 67th Avenue and the ADOT
project for the adjacent residential neighborhood and provide visual improvement to the
67t Avenue streetscape.
This amendment to the IGA provides for a net payment by ADOT to the city in
the amount of $326,517. The portion of the payment attributable to the additional cost
for the redesign of the overpass structure, $84,000, should be placed in the
Transportation Fund ADOT Revenue N704 Account No. 25-0025-4264. The remainder
of the payment, $242,517, should be placed in the Street Construction Fund ADOT
Revenue N704 Account No. 31-0031-4264 to cover the additional cost for the utility
relocation work and the construction of the sound wall.
To facilitate the payments for the cost of the mentioned items it is necessary to
transfer appropriation in the amount of $ 84,000 from Fund 25 Contingency Account
No. 025-2439-7000 to Northern Ave. Pkwy Prelim., Account No. 25-9473-8300, and
$242,517 from Fund 31 Contingency Account No. 31-8107-7000, to Grand Avenue
Beautification, Account No. 31-8990-8300.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an amendment to Intergovernmental
Agreement C-4775 with the Arizona Department of Transportation for the 67th Avenue
overpass at Northern and Grand avenues and authorizing the transfer of a total of
$84,000 in appropriation authority only from Fund 25 Contingency and $242,517 in
appropriation authority only from Fund 31 Capital Contingency Account.
Councilmember Lieberman noted he previously discussed the need to make the
entrance to Northern from 67th Avenue and Grand Avenue considerably wider. Mr.
Broyles clarified the amendment includes reimbursement for the redesign of that
structure to accommodate the future widening of Northern Avenue.
Mayor Scruggs opened the public hearing on Agenda Item No. 20
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he
approves of the agreement, stating he believes the planned enhancements will improve
the city's image. He said he is confident the people buried at the nearby cemeteries will
remain undisturbed.
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Mayor Scruggs closed the public hearing.
Resolution No. 3800 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
AMENDMENT NUMBER TWO TO THE INTERGOVERNMENTAL AGREEMENT WITH
THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE 67TH AVENUE
OVERPASS PROJECT AT NORTHERN AND GRAND AVENUES.
It was moved by Frate, and seconded by Goulet, to pass, adopt and
approve Resolution No. 3800 New Series. The motion carried unanimously.
NEW BUSINESS
21. REAPPOINTMENT OF CITY JUDGE
Judge Colleen McNally, Judge of the Superior Court and Chairperson of the
Glendale Judicial Selection Advisory Board, presented this item.
This is a request for the City Council to reappoint City Judge John Burkholder to
a four-year term. His current term expires on October 31, 2004.
John Burkholder has served as a City Judge in Glendale since 1995 and is
eligible for reappointment to a four-year term. Based on the results of his
reappointment interview, letters of recommendation received on his behalf, confidential
survey results conducted by a private research firm, and other reappointment materials,
the Judicial Selection Advisory Board unanimously recommends Judge Burkholder's
reappointment.
The confidential survey and questionnaire on reappointment was mailed to 396
recipients. Public input on reappointment was sought through advertisement in The
Arizona Republic, Glendale Star and Maricopa Lawyer (published by the County Bar
Association). The survey results and all letters of input have been provided to the
Mayor and Council, along with letters of recommendation.
The recommendation was to reappoint City Judge John Burkholder to a four-year
term.
Councilmember Goulet thanked Judge Burkholder for his patience through what
is typically a very long process.
Mayor Scruggs thanked Judge McNally for her service on the Commission.
Mayor Scruggs opened the public hearing on Agenda Item No. 21
37
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated he
supports reappointing Judge Burkholder.
Mayor Scruggs closed the public hearing.
It was moved by Eggleston, and seconded by Frate, to reappoint Judge
John Burkholder to a four-year term. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Frate, to hold a City Council
Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday,
October 19, 2004, to be followed by an Executive Session pursuant to A.R.S. 38-
431.03. The motion carried unanimously.
CITIZEN COMMENTS
Mr. Ed Sharpe read a letter on behalf of Andrew Voss, a resident of the City of
Glendale Ocotillo District, who was unable to stay to make his comments. In his letter,
Mr. Voss thanked the Council for reconsidering the fate of the Calvary Baptist Church
building. He said, hopefully, the Council would use the recommendations submitted by
the Citizens for Preservation Group. He thanked city employees who listened to what
the citizens had to say and encouraged Council members to listen to the citizens,
participate and take the task force into acute consideration.
Mr. Ed Sharpe, a resident of the City of Glendale Barrel District, stated he is the
Director and Lead Archivist at the Southwest Museum of Engineering, Communications
and Computation. He thanked the Mayor and Council as well as city staff for
establishing a task force to study the use of the Old Calvary Baptist Church, stating
their compassion for the feelings of the citizens should be applauded. He said they are
confident the city will allow the task force to find a creative use for the building and the
Southwest Museum of Engineering, Communications and Computation will continue to
petition to purchase the property to house its collection, library and educational facility.
He stated they are willing to purchase the property at its appraised price and refurbish
the building to meet or exceed city code.
Ms. Judy Snyder, a resident of the City of Glendale Yucca District, thanked the
Council for forming the task force; stating she hopes their decision truly means the
Council is looking for ways to save the building. She said preservation of the city's
history and historical buildings is crucial.
Mr. Robert Steiger, a resident of the City of Glendale Sahuaro District, reported a
four year old boy went missing last week and, thanks at least in part to the city's
Reverse 911 system, he was found within a half hour. He thanked the city for having
the system in place and encouraged that any future funded needed to sustain the
program be immediately granted.
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Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said, while
there was a lot of passion exhibited at the meeting, they were able to witness
democracy in action. He thanked the Council for establishing the task force, stating he
has felt bad seeing the strong disagreements that have taken place over the past few
months with regard to the church. He said, although every neighborhood has certain
neighborhood standards they want to ensure, Glendale is a beautiful place to live. He
referenced an article in USA Today describing what makes certain cities within each
state stand out, stating Glendale should be known as a large family that sometimes
argues but in the end comes together. He urged the Council members to continue to
stand up for what they believe is right, but to do so in a way that does not serve to tear
each other apart.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Goulet announced Saturday night is GAIN Night throughout the
city. He encouraged everyone to participate.
Councilmember Lieberman said Home Depot would do a Caboon Build of
playground equipment at Bonsall Park South on Thursday. He said the Faith House
would have a fundraising event Friday night at the Riverboat Casino Arizona in
Surprise. He noted 17 neighborhoods in his district would participate in GAIN Night.
He stated a motorcycle fundraising event would be held Sunday at the Arena to benefit
brain disorders
Vice Mayor Eggleston said he looks forward to seeing everyone on GAIN Night.
He said a Barrel District meeting would be held at Heritage School on Wednesday,
October 21.
Councilmember Frate congratulated Judge Burkholder on his reappointment. He
announced Project Illumination would take place Friday, October 15 explaining during
the event volunteers drive 600 miles of roadway throughout the city looking for street
light outages. He stated a Sahuaro District meeting would be held October 18 at
Canyon Elementary School. He urged everyone to watch children around water.
Mayor Scruggs stated she would also be going to GAIN Night. She
congratulated Councilmember Frate on becoming a new grandfather. She thanked
Leonard Clark for all of his comments, stating they obviously came from the heart.
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:00 p.m.
-a
-afiie a H n� ity Clerk
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