HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/25/2005 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JANUARY 25, 2005, 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; Craig Tindall, Acting City Attorney;
and Pamela Hanna, City Clerk. Pam Kavanaugh, Assistant City Manager was absent.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the six resolutions and one
ordinance to be considered at the meeting were available for public examination and
the title posted at City Hall more than 72 hours in advance of the meeting.
Mayor Scruggs introduced Matt Rall of Boy Scout Troop 3. He is working on his
Citizenship in the Community merit badge. He was accompanied by David Rall his
father.
APPROVAL OF THE MINUTES OF THE JANUARY 11, 2005 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the January 11, 2005 City Council Meeting, as each
member of the Council had been provided copies in advance, and approve them
as written. The motion carried unanimously.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, removed Item 1 administratively, explaining SRP
is drying out their canals; therefore, construction is unable to place. He read Agenda
Item Numbers 1 and 2 and Ms. Pamela Hanna, City Clerk, read Consent Resolution
Agenda Item Number 3 by number and title.
1. AWARD CONSTRUCTION CONTRACT — SRP IRRIGATION PIPE
REPLACEMENT, 67'" AVENUE, CAMELBACK ROAD TO GRAND AVENUE
This is a request for the City Council to approve a construction contract to
Archon, Inc. for the relocation of Salt River Project (SRP) irrigation pipe to facilitate the
construction of street improvements to 67th Avenue between Camelback Road and
Grand Avenue.
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One of the Council's strategic priorities is to improve transportation options in the
city. When voters passed a half-cent increase in the sales tax in 2001 to support
transportation projects, staff began to implement the Glendale Onboard (GO) program
to improve the streets within the city.
To keep the 67th Avenue Street Improvements project on schedule, it was
necessary to separate the SRP irrigation relocation construction. The irrigation pipe
relocation has to be completed during SRP's canal clean—up and by bidding the project
in phases, it allows this work to be completed this year. On January 12, 2005, three
bids were received and opened. Archon, Inc., a qualified licensed contractor, submitted
the lowest bid in the amount of$597,000.
On October 14, 2003, the Council awarded a contract to Kirkham Michael to
design the street improvements to 67th Avenue between Camelback Road and Grand
Avenue. This design contract included coordination with SRP on the street
improvements and irrigation relocations needed for this project.
67th Avenue is a major arterial street within the city that carries in excess of
30,000 vehicles per day. Portions of the street have existing improvements, while
others lack curbs, gutters, and sidewalks. This project will complete the street
improvements. Relocation of the SRP irrigation facilities are required prior to beginning
the street construction.
A public meeting was held on June 3, 2004 to inform the public of the proposed
improvements and receive their input. Six citizens attended this meeting. There were
no comments regarding the relocation of the SRP irrigation facilities.
Funds for the construction of the SRP irrigation facilities are available in the
2004-05 Fiscal Year Capital Improvement Plan, 67th Avenue — Camelback to Grand,
Account No. 61-9568-8300 in the amount of$328,800 and 67th Avenue - Camelback to
Grand, Account No. 25-8592-8300 in the amount of$268,200.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $597,000
Account Name, Fund, Account and Line Item Number
67th Avenue — Camelback to Grand, Account No. 61-9568-8300 $328,800
67th Avenue — Camelback to Grand, Account No. 25-8592-8300 $268,200
The recommendation was to award the construction contract to Archon, Inc. in
the amount of$597,000.
Not heard, administratively removed from agenda.
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2. PROFESSIONAL SERVICES AGREEMENT — SECURITY SYSTEM MASTER
PLAN
This is a request for the City Council to approve a professional services
agreement with CH2M Hill, Inc. for the development of a Security System Master Plan
for the city's water and wastewater facilities.
This project is consistent with the Council goals to protect the city's employees,
facilities and city services. The utility security system master plan includes the review of
the 2003 water system security assessment, a comprehensive security assessment of
the city's wastewater facilities, assistance in establishing security priorities, and
recommendations on security systems and methods.
In 2003 the city received a grant from the Environmental Protection Agency
(EPA) to perform a comprehensive security assessment of the city's water system. The
security assessment analyzed each of the city's water system facilities and provided
recommendations for upgrading the city's ability to protect the water system from
possible malevolent threats. The water system assessment was completed in
September of 2003.
The utility security system master plan is the next step in protecting the city's
water and wastewater systems. The security system master plan will review the 2003
water system security assessment, assist in establishing security priorities, and make
recommendations on various types of security systems and methodologies. The
assessment of the wastewater facilities will be included as part of the security system
master plan.
On August 12, 2004, a Request for Qualifications was sent to over 50
professional engineering firms and six statements of qualifications were received. An
evaluation team, consisting of staff from the Utilities, Environmental Resources, and
Engineering departments, interviewed the top three firms and selected CH2M Hill, Inc.
as the most qualified to perform the required services.
On October 8, 2002 the Council approved a professional services agreement
with Michael Baker, Jr., Inc. to perform the Water Distribution System Vulnerability
Assessment.
The Security Master Plan will assist the Utilities Department in implementing
security needs, enhancements, systems and methods, and security priorities. The
security improvements will assist with the protection of Glendale's water and
wastewater systems.
The Engineering Department staff negotiated a scope of work and fee for the
development of the utility security system master plan for an amount not to exceed
$350,000. Funds for these services are available in the 2004-2005 Capital
Improvement Plan, Water System Security, and Account No. 83-9285-7330.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $350,000
Account Name, Fund, Account and Line Item Number:
Water System Security, Account No. 83-9285-7330
The recommendation was to approve the professional services agreement with
CH2M Hill, Inc. in the amount of$350,000.
CONSENT RESOLUTION
3. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA:
PYRAMID PEAK WATER TREATMENT PLANT
This is a request for City Council authorization to enter into an intergovernmental
agreement (IGA) with the City of Peoria regarding the sharing of the costs of
improvements to the Pyramid Peak Water Treatment Plant (PPWTP).
This IGA will help meet the Council goals of providing financial stability and
coordinating exceptional service delivery.
The cities of Glendale and Peoria have entered into previous agreements
regarding the PPWTP. On May 14, 1996, the Council approved an IGA between the
cities of Glendale and Peoria for the Construction of Treatment Facilities for Central
Arizona Project Water (Glendale Contract # C-3432). On June 23, 1998, the Council
approved an IGA for the Treatment and Transportation of Central Arizona Project
Water (Glendale Contract # C-3432A).
The city of Glendale currently has three projects underway at the PPWTP: the
re-rating of the plant capacity from 26 million gallons per day (MGD) to 39 — 48 MGD;
the construction of a 10 million gallon reservoir and solids handling facility; and
increased security at the plant.
These projects will result in increased production capacity and security at the
PPWTP. The city of Peoria desires to participate in these projects so that it can benefit
from the increased production capacity and security.
The cities of Glendale and Peoria understand that the city of Peoria's payment of
costs and sharing of increased production capacity will be based on its 23% purchased
capacity of the original 26 MGD design capacity under the agreement.
The City of Peoria agrees to pay 23% of the actual cost of the projects.
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It is anticipated that Maricopa County will re-rate the PPWTP to 48 MGD.
Payment by the city of Peoria of 23% of the actual costs of the three projects described
above will entitle the city of Peoria to purchased capacity of 23% of the re-rated
capacity. The cities of Glendale and Peoria agree to treat, operate and maintain the city
of Peoria's existing and increased capacity under the agreement.
The Peoria City Council approved this IGA at its Tuesday, January 4, 2005
business meeting.
On May 14, 1996, the Council approved an IGA between the cities of Glendale
and Peoria for the Construction of Treatment Facilities for Central Arizona Project
Water (Glendale Contract # C-3432).
On June 23, 1998, the Council approved an IGA for the Treatment and
Transportation of Central Arizona Project Water (Glendale Contract # C-3432A).
The expansion of the PPWTP and the provision of additional security will ensure
the continuation of a high quality and safe water supply for customers.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement (IGA) with
the City of Peoria regarding the sharing of the costs of improvements to the Pyramid
Peak Water Treatment Plant.
Resolution No. 3820 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PEORIA REGARDING
THE SHARING OF THE COSTS OF IMPROVEMENTS TO THE PYRAMID PEAK
WATER TREATMENT PLANT.
It was moved by Eggleston and seconded by Prate, to approve the
recommended actions on Consent Agenda Item Nos. 2 through 3, including the
approval and adoption of Resolution No. 3820, New Series. The motion carried
unanimously.
BIDS AND CONTRACTS
4. AWARD OF CONTRACT — 918T AVENUE LANDSCAPE IMPROVEMENTS
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to approve a construction contract with JSA
Company for landscape improvements along the east side of 91St Avenue between
Bethany Home and Ocotillo Roads.
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The improvements provided under this contract are consistent with the Council-
approved City- Wide Landscape Design Standards.
This project was developed to improve the landscaping on the east side of 91st
Avenue to be compatible with the landscaping features installed on the west side of 91St
Avenue, along the Glendale Arena and Cardinal Stadium developments. The project
also addresses concerns of the adjacent residential neighborhood related to lighting
and vehicle activity entering and exiting the development. Phillip R. Ryan, Landscape
Architect, P.C. was retained by the city to provide design service and develop
construction plans and specifications.
On December 30, 2004 seven bids were received. The bid included two
alternates; both of which identified the cost for smaller plant material should the city
choose that option. The base bid specified the larger plant material and was within the
budget so there is no need to exercise either alternate. JSA Company, a qualified
licensed contractor, submitted the lowest qualified bid in the amount of $198,171.48,
which is within the engineer's estimate of $200,500 for the project.
Neighborhood meetings that were conducted on March 8, 2004 and May 26,
2004 were an integral element in the design development for this project. The first
meeting was used to gather public input, with the second being the forum to present
how that input was incorporated into the plans.
Funds for the construction of the landscape improvements along the east side of
91st Avenue between Bethany Home and Ocotillo Roads are available in the 2004-2005
Fiscal Year Capital Improvement Plan, Street Beautification, Account No. 31-8559-
8300.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $198,171.48
Account Name, Fund, Account and Line Item Number
Street Beautification, Account No. 31-8559-8300
The recommendation was to award the construction contract to JSA Company
for the base bid amount of$198,171.48.
Councilmember Clark asked if there were neighborhood meetings about the
landscape project. Mr. Broyles reported two neighborhood meetings directly related to
the park were held. Councilmember Clark asked when they expect to start and
complete the project. Mr. Broyles stated the contractor would need three to four weeks
to obtain bonds and insurance and give notice to proceed. He said the project is
expected to take 90 calendar days to complete. Councilmember Clark asked if the
project in any way addresses the wall issue on the east side of 91st Avenue. Mr.
Broyles responded no.
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It was moved by Eggleston, and seconded by Martinez, to award the
construction contract to JSA Company for the base bid amount of $198,171.48.
The motion carried unanimously.
5. AWARD OF CONTRACT— ROSE LANE POOL
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for City Council approval of a construction contract with Low
Mountain Construction for the Rose Lane Pool located at 5003 West Marlette Avenue.
This project includes a new pool complex with a bathhouse.
This project is consistent with the City Council's goal to update aging and
outdated recreational facilities citywide. Construction of this facility complies with the
Council-adopted Parks and Recreation Master Plan.
Demolition of the existing pool began on December 27, 2004 and is complete.
The city advertised for bids on this project on December 30, 2004, with Low Mountain
Construction, a licensed qualified contractor, submitting the low and only bid. The bid
included six alternates; of which two were additive and four were deductive. The
additive alternates included shade structures and mist systems. The deductive
alternates included water slide flume and tower; skimmer pool in lieu of rimflow;
interactive play system at leisure pool; starburst system at leisure pool. At this time
staff is recommending the award of the base bid ($3,630,000) and both additive
alternates ($190,000 and $13,000) for a total contract award of$3,833,000.
A number of factors have had a direct effect on the costs of this project. The
present bidding climate within the construction industry has caused owners to see a rise
in bids because the contractors are very busy, as well as contractors being selective as
to the projects they bid. With respect to receiving only one bid, this is an indication of
how busy the contractors are and the specialized nature of this type of project. Low
Mountain Construction is a highly qualified contractor and has built many projects of this
type. The city's consultant feels this is still a competitive bid because Low Mountain
had no knowledge of how many bids would be received. This project bid was also
impacted by material increases of 7%, or $200,000, and an accelerated construction
schedule needed to meet the summer swimming season opening date.
On May 11, 2004, the Council approved a professional services agreement with
Wet Design, LLC for the design development and contract documents for the facility.
The existing Rose Lane Pool services a segment of the community where the
need is high and required maintenance for the aging facility is no longer cost effective.
The new pool will provide more extensive opportunities for water-related recreation.
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The original public input was a part of the numerous meetings conducted during
the development of the citywide Parks and Recreation Master Plan. On September 9,
2004 an open house was held at the Rose Lane Pool and the conceptual design was
presented to the public for comment and input.
To cover the costs of the construction for this project, funds in the amount of
$965,000 need to be transferred from Park Land Acquisition, Account No. 36-8518-
8100 to Rose Lane Pool Construction, Account No. 36-8504-8300.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $3,833,000
Account Name, Fund, Account and Line Item Number
Rose Lane Pool Construction, Account No. 36-8504-8300
The recommendation was to authorize the transfer and approve the construction
contract with Low Mountain Construction in the amount of $3,833,000.
Councilmember Lieberman commented he is very pleased to see this project
proceed.
It was moved by Lieberman, and seconded by Frate, to authorize the
transfer and approve the construction contract with Low Mountain Construction
in the amount of$3,833,000. The motion carried unanimously.
6. PROFESSIONAL SERVICES AGREEMENT — ZONE 4 RESERVOIR FILL LINE
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to approve a professional services
agreement with Project Engineering Consultants, Ltd. for the Zone 4 Reservoir Fill Line
from 71St and Northern Avenues to 79th Avenue and Bethany Home Road. The
services to be provided will be preliminary design, final design, and construction
administration.
The October 2003, Comprehensive Water Facilities Planning and Design Project
— Phase I report prepared by the engineering firm of Black & Veatch, included the
proposed 24" water transmission main. This main will provide drinking water from the
new Zone 4 Water Treatment Plant, to be located in the vicinity of 71st and Northern
Avenues, to the existing Zone 4 Reservoir and Booster Station on Bethany Home Road
at approximately 79th Avenue.
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In 2002, staff selected 11 firms as being well qualified to provide the city with
engineering services on water line projects. Project Engineering Consultants, Ltd., was
subsequently chosen from this list to perform the engineering services needed for the
Zone 4 Reservoir Fill Line project.
The existing source of water for the Zone 4 Reservoir is the Cholla Water
Treatment Plant (CWTP) located at 47th and Cholla Avenues. This project will provide
for conveyance of drinking water to the user in approximately two-thirds the time it takes
it to travel from CWTP. Furthermore, this new water supply pipeline will help ensure
that water for fire fighting will be available in the event of interruption of service of water
supplied from the CWTP.
A public information program will be included in the Zone 4 Reservoir Fill Line
project. The exact route of the pipeline will be determined during the course of this
project. When the route has been determined, the public information program will
provide information to those citizens who might be affected by installation of the
pipeline. This information will include details about the project including the need for
the project, planned construction activities, and schedule.
The cost of design and construction engineering services to be performed by
Project Engineering Consultants, Ltd., will not exceed $1,209,473. Funds for the
engineering work on this project are available in Capital Improvement Plan Fiscal Year
2004/2005 and Fiscal Year 2005/06 2006, Utilities Department Zone 4 Reservoir Fill
Line, Account No. 83-9223.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,209,473
Account Name, Fund, Account and Line Item Number:
FY 04-05: Zone 4 Reservoir Fill Line Account No. 83-9223-8330 $662,025
FY 05-06: Zone 4 Reservoir Fill Line Account No. 83-9223-8330 $547,448
The recommendation was to approve the professional services agreement with
Project Engineering Consultants, Ltd. in the amount of$1,209,473.
It was moved by Lieberman, and seconded by Clark, to approve the
professional services agreement with Project Engineering Consultants, Ltd. in
the amount of$1,209,473. The motion carried unanimously.
ORDINANCE
7. LICENSING REVISIONS TO GLENDALE CITY CODE CHAPTER 22 —
MASSAGE ESTABLISHMENTS
Mr. Art Lynch, Chief Financial Officer, presented this item.
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This is a request for the City Council to amend Chapter 22 of the Glendale City
Code relating to the licensing of massage establishments and on-site managers.
Glendale City Code Chapter 22 addresses special regulatory licensing in the City
of Glendale for massage establishments and on-site managers. This chapter sets forth
the requirements for obtaining and retaining a massage business license.
State legislation, approved in May of 2003, established the Board of Massage
Therapy to license and regulate massage therapists and also required that the city's
licensing code be consistent with the State law. Due to this legislation, the City Council
adopted an ordinance on July 27, 2004, eliminating all sections related to the licensing
of massage therapists. The legislation did not affect massage establishment licensing.
The ordinance also included new sections for the licensing of on-site managers and
their responsibilities.
Under the current City Code, massage establishments and on-site managers are
regulated by the city. The proposed amendment will eliminate all the sections related to
on-site managers and their associated fees.
Chapter 22 was last amended on July 27, 2004.
The proposed amendment will alleviate a secondary level of enforcement, which
is not required on small massage establishments.
The recommendation was to waive reading beyond the title and adopt an
ordinance amending Chapter 22 of the Glendale City Code.
Councilmember Lieberman stated he supports the amendment because it will
provide more flexibility to small business operators.
Councilmember Martinez thanked Mr. Cleland and his son for bringing this
matter to the Council's attention.
Councilmember Goulet asked who would oversee complaints if an onsite
manager were no longer required. He asked if similar ordinances in other cities have
resulted in problems. Mr. Lynch clarified the business is still regulated by the Board of
Massage Therapy and the city's codes. He said, while other communities have had
issues, they are primarily related to the large volume of establishments within those
communities.
Ordinance No. 2422 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 22 RELATING
TO ON-SITE MANAGERS AT MASSAGE ESTABLISMENTS.
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It was moved by Lieberman, and seconded by Clark, to approve Ordinance
No. 2422 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
8. MASSAGE ESTABLISHMENT FEE RESOLUTION
Mr. Art Lynch, Chief Financial Officer, presented this item.
This is a request for the City Council to eliminate the massage establishment on-
site manager's application and license fees in accordance with the amended Chapter
22 of the Glendale City Code.
The amended Chapter 22 requires the City Council to eliminate, by resolution,
the adopted application and license fees for on-site managers.
The existing application and license fees for on-site managers and massage
establishments were set by the City Council in July of 2004. These costs were based
on the actual regulatory cost incurred by the city, including the licensing and inspection
by the Tax and License Division and the Police Department.
The proposed resolution will eliminate the application fee of $70 and license fee of $80
for massage establishment on-site managers.
The massage establishment related fee resolution was last adopted in July of
2004.
The proposed amendment will alleviate a secondary level of enforcement, which
is not required on small massage establishments.
The recommendation was to waive reading beyond the title and adopt a
resolution setting the new application and license fees related to massage
establishments.
Resolution No. 3821 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE APPLICATION AND LICENSE FEES FOR
MASSAGE ESTABLISHMENTS PURSUANT TO GLENDALE CITY CODE SECTION
22-31.
It was moved by Lieberman, and seconded by Clark, to pass, adopt and
approve Resolution No. 3821 New Series. The motion carried unanimously.
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9. INTERGOVERNMENTAL AGREEMENT WITH ADOT FOR COMMUNICA-
TIONS SERVICES
Ms. Stacy Pearson, Assistant Director of Marketing/Communications, presented
this item. Victor Mendez, Director of Arizona Department of Transportation, answered
questions and spoke.
This is a request for the City Council to approve an intergovernmental agreement
(IGA) with the Arizona Department of Transportation (ADOT) regarding the provision of
communication and public involvement services related to the Grand Avenue
underpass construction project at 59th and Glendale Avenues.
During last year's budget study sessions, the Council prioritized the need to
ensure effective communication with Historic Downtown businesses throughout the
duration of the Grand Avenue construction project. This IGA outlines a comprehensive
plan for stakeholder communication and helps to define the roles of each partnership
agency in terms of communication with businesses and the public.
Historic Downtown Glendale is the city's original tourism destination and is host
to at least 350,000 people annually. It is home to more than 90 antique stores,
specialty shops, restaurants, and museums and boasts a rate of women and minority-
owned businesses that is double the state average.
ADOT will begin an 18-month construction project on Historic Downtown's
primary point of access, 59th/Glendale/Grand in February of 2005. Throughout the
conceptualization and implementation of this project, the city has been coordinating
with ADOT to schedule construction during the best time of year for merchants. In
addition, since 2002, the Marketing Department has been developing an aggressive
advertising, special event and public relations plan that will encourage visitation to the
area during construction. This plan was generated with input from a merchant advisory
board.
During extensive planning and research, staff became aware of construction
liaisons that serve as the central source of information on large construction projects.
In addition, the downtown merchants requested that a project expert be made available
to answer construction-related questions. ADOT has contracted these services for
other projects including SR51 in Phoenix and the Loop 101 in Scottsdale. The City of
Glendale requested the same consideration.
The city requested ADOT to provide funding for a contract with Godec, Randall &
Associates, and a firm that will serve as a liaison between the city, ADOT, the
contractor, businesses, and residents during the duration of the project. This firm will
attend technical construction meetings, visit merchants on a one-on-one basis, handle
all construction-related questions, and maintain a project website — all under the
primary goal of communicating effectively with Historic downtown stakeholders.
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ADOT agreed to reimburse the city for services received by the city. As this firm
will serve as an advocate of Downtown, its staff will report primarily to the city.
Staff evaluated available consultants and selected GRA based on the company's
extensive experience with ADOT projects and related business mitigation.
With a construction communications expert dedicated to Historic Downtown
Glendale during the duration of this ADOT project, this will help mitigate the impact of
the project by providing timely and accurate information.
The Downtown Marketing Advisory Group, a merchant organization developed to
guide the city's Grand Avenue Mitigation Plan, requested these services and approved
this consultant.
The city committed $407,000 in Fiscal Year (FY) 04-05 for marketing downtown
during this project. The Glendale OnBoard (GO) Program has allocated $357,000 and
the Council approved one-time funding in the amount of $50,000 from the General
Fund. This IGA calls for the city to pay GRA up to $180,000 for communication
services, with ADOT reimbursing the city on a quarterly basis for these services, up to
$180,000.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an IGA with the Arizona Department of
Transportation for communication and public involvement services related to the Grand
Avenue construction project.
Councilmember Lieberman asked if the $407,000 would be available for other
items rather than going to Godec Randall & Associates. Ms. Pearson responded yes.
Councilmember Lieberman expressed his opinion the city hired the right firm.
Councilmember Clark asked if the liaison would truly be available 24 hours a
day, seven days a week. Ms. Pearson responded yes, stating they will be there to
address merchant's questions or concerns.
Councilmember Martinez thanked the Director of ADOT for partnering with the
city on this project.
Vice Mayor Eggleston asked if the liaison is available 24 hours a day to all
citizens. Ms. Pearson answered yes, noting the phone number is 930-GRND.
Councilmember Frate thanked ADOT for making the liaison position a priority.
Mr. Victor Mendez, Director of the Arizona Department of Transportation, noted
he lives in Glendale. He said he is excited about the project and thanked the Council
for its leadership. He explained this effort was undertaken to help the citizens of
Glendale who will be most impacted and reiterated that the downtown area will remain
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accessible during the Grand Avenue reconstruction project. He thanked the City
Manager's office, Transportation Department, Marketing Department, Visitor's Center
and Downtown Marketing Advisory Committee.
Mayor Scruggs thanked Mr. Mendez for personally coming down and pledging
his support.
Resolution No. 3822 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION FOR THE GRAND AVENUE UNDERPASS (PUBLIC
INVOLVEMENT ACTIVITIES) PROJECT.
It was moved by Goulet, and seconded by Frate, to pass, adopt and
approve Resolution No. 3822 New Series. The motion carried unanimously.
10. UTILITY FRANCHISE AGREEMENTS WITH ARIZONA PUBLIC SERVICE AND
SOUTHWEST GAS
Mr. Ken Reedy, Deputy City Manager, presented this item.
This is a request for the City Council to determine whether the proposed
franchise agreements with Arizona Public Service (APS) and Southwest Gas are
beneficial to the City of Glendale. If such a determination is made, then order the
submittal of these franchises to the voters at the next available municipal special
election.
According to Arizona Revised Statutes Section 9-501, a city shall not grant a
franchise for a public utility to be operated unless authorized by a majority vote of the
qualified voters at a regular election or at a special election duly and regularly called by
the governing body for that purpose.
The Council has a policy that encourages the orderly delivery of services to all
City of Glendale residents. Renewing the franchise agreements will allow both
companies to continue the uninterrupted service of gas and electricity to all Glendale
customers.
Utilities franchises allow the respective utility companies to use public rights of
way and conduct business in the City of Glendale. The current franchises are dated to
expire on June 14, 2005. In order to have continuing franchises in effect, the City and
the respective utilities needed to negotiate new franchises. Staff has recently met with
representatives of the utilities and negotiated separate agreements. These proposed
agreements include significant changes, reflecting similar changes in agreements as
approved by other Arizona cities in recent years. State Statutes require that voters in a
general or special election approve the utilities franchises.
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The Council approved a twenty-five year agreement with Arizona Public Service
Company on June 14, 1980 to provide gas and electric services in Glendale.
Subsequently, Southwest Gas Company was formed in October of 1984 to deliver gas
services separately from APS electric, and the Council approved a new franchise
agreement on November 8, 1984, with Southwest Gas to take over the unexpired term
on the APS franchise.
New franchise agreements with each of the utilities will benefit Glendale property
owners who receive services from these companies. All customers of the franchise
holders in the city of Glendale will be able to continue uninterrupted services.
By State Statute it is necessary for voters to approve the franchise agreements
at a general or special election.
The major change to the franchise agreements is the inclusion of Glendale's city
sales tax that was previously offset from major portions of the services. The proposed
franchise changes will benefit the city through increased revenues. The current
Southwest Gas franchise generated $287,193 in Fiscal Year 2003-04. The total
estimated revenue from the new Southwest Gas franchise would be $579,143, based
on Fiscal Year 2003-04 sales. The current APS franchise generated $1.7 million in
Fiscal Year 2003-04. The proposed APS franchise would generate an estimated $3.3
million in revenue based on FY 2003-04 sales. The new revenue to the city from both
of these franchises would total approximately $1.9 million.
The recommendation was to waive reading beyond the title and adopt a
resolution deeming the granting of franchises to Arizona Public Service and Southwest
Gas beneficial and ordering the submittal of these franchises to the voters at the next
available municipal special election.
Councilmember Clark referred to paragraph 7.2 on page 10 of the Southwest
Gas agreement, asking about the additional two percent charge that goes into a Capital
Expenditures fund. Mr. Reedy explained the charge is unique to the Southwest Gas
agreement and allows Southwest Gas to deposit an additional two percent of their
revenue with the city to allow the city to repay them for capital improvements within the
community. Councilmember Clark referenced Section 3, paragraphs A, B and C, of the
APS agreement, which says, prior to any work being done, APS will meet with the City
Engineers under specific guidelines that require the grantee to plan for future road
improvements unless it is determined to be unavoidable. She asked why the same
specificity was not included in the Southwest Gas agreement. Mr. Reedy said both
agreements require the franchisees to work in coordination with the city on repaving
and construction projects to hold citizens harmless from their poor planning.
Vice Mayor Eggleston noted Section I of the agreement prevents the city from
planting trees under power lines if the trees will grow taller than 25 feet.
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Resolution No. 3823 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, FINDING AND DECLARING THAT SAID MAYOR AND CITY
COUNCIL DEEM THE GRANTING OF FRANCHISES TO ARIZONA PUBLIC
SERVICE AND SOUTHWEST GAS BENEFICIAL FOR THE CITY OF GLENDALE;
AND ORDERING THE SUBMITTAL OF THESE FRANCHISES TO THE VOTERS AT
THE NEXT MUNICIPAL SPECIAL ELECTION.
It was moved by Martinez, and seconded by Frate, to pass, adopt and
approve Resolution No. 3823 New Series. The motion carried unanimously.
11. CHARTER AMENDMENTS
Mr. Craig Tindall, Interim City Attorney, presented this item.
This is a request for the City Council to adopt a resolution referring to the
qualified electors approval or rejection of changes to the City Charter as to the date of
holding a primary and general election, commencement of terms for Mayor and
Councilmembers and induction of the newly elected or re-elected Mayor and Council.
The call for a special election meets the Council strategic priorities by increasing
citizen involvement in government.
Direction was given at the City Council Workshop of January 18, 2005 to
proceed with the calling of a Special Election on May 17, 2005 and to submit a
proposition to the qualified voters of the City of Glendale.
At the City Council Workshop held on July 6, 2004, Mayor Scruggs directed that
information regarding changing from a spring to fall election cycle be brought to the
Council as an Item of Special Interest.
The City Council discussed changing from a spring to fall even year election
cycle at its October 5, 2004 and January 4, 2005 Workshops.
The City Council discussed the change at the January 18, 2005 Workshop and
requested that it be placed on the agenda for the evening meeting on January 25,
2005.
Municipal elections provide the city's registered voters with an opportunity to
make their choices known.
The recommendation was to waive reading beyond the title and adopt a
resolution referring the proposed charter amendments to the qualified electors of the
City of Glendale and approve the ballot language for the proposition.
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In response to Mayor Scruggs's question, Mr. Tindall stated the amendment
would match the charter's language concerning the dates for the fall election to that of
the State Constitution.
Resolution No. 3824 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, REFERRING THE FOLLOWING PROPOSED CHARTER
AMENDMENT TO THE QUALIFIED ELECTORS OF THE CITY OF GLENDALE FOR
THEIR APPROVAL OR REJECTION AT THE NEXT MUNICIPAL SPECIAL
ELECTION: PROPOSITION 101 (DATE OF CITY ELECTION).
It was moved by Goulet, and seconded by Martinez, to pass, adopt and
approve Resolution No. 3824 New Series.
Councilmember Lieberman voiced his opposition to the proposed amendment,
stating he does not believe it is in the best interest of the city or elected officials. He
said the off-year elections would already be more difficult for the three running City
Council members because the Mayor will not be running at the same time. He stated
there would be two different numbers of voters for those running during the national
election and those running two years later. He stated those running during non-national
election years will not have to have as many votes to be elected. He said those running
during national election years will have their signs on corners along with the myriad of
other signs for all other candidates. He stated candidates during national election years
will also be required to obtain more signatures on their nomination petitions since the
number required is based on the number of voters in the last national election. He
pointed out a recall election will also require additional signatures during national
election years. He said the amendment is unfair and does not provide any advantage,
with the exception of the money the city could save in election costs. He expressed his
opinion the current election pattern should be maintained and the city should move to
an all-mail election.
Councilmember Clark said she also opposes moving to a fall election cycle,
expressing her opinion the city is creating intended or unintended consequences. She
said half of the Council members would run during presidential years, which receives a
voter turnout of 75,000 versus a turnout of 45,000 during non-presidential years. She
expressed her opinion the amendment is discriminatory, with half of the city candidates
having a greater burden in terms of petition signatures and in terms of competing for
attention among all of the other state, federal and county ballot issues. She stated
Glendale's propositions and choices for Council districts would be placed at the end of
the ballot, noting many people do not complete the entire ballot. She said she could
support fall elections for City Council in odd-numbered years or if all Council districts
were voted for at the same time. She stated Glendale has had a long history of taking
proposed Charter Amendments to a Citizen's Charter Committee; however, the issue of
increasing the Mayor's term from two years to four years went from a work session, to a
Council hearing, to the ballot. She said the same disturbing pattern is being followed in
this case, stating they have eliminated an essential part of the process. She stated,
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furthermore, the Special Election is scheduled for May 17, expressing her opinion that
leaves insufficient time to educate the public on the issue. She assured the Council
she would personally and publicly educate the electorate to vote against the charter
amendment, stating it is bad public policy and reflects a bad series of judgments on the
part of the Council.
Councilmember Frate noted he is in one of the districts whose seat will come up
for election during presidential years, stating he is up for the challenge. He said other
cities in the county and state have Council members at large, meaning they have to
campaign to the entire city. He pointed out the City Council discussed the issue at two
or three different workshops, wherein the City Clerk indicated the cost of a fall election
would be half that of current election costs and the voter turnout would almost double.
He expressed his opinion any Councilmember relying on signs to win an election is not
doing their job, stating a sign is just a tool.
Councilmember Martinez stated he will support the amendment, stating he does
not believe the fact that the issue did not go before a citizen committee is of concern
since it was discussed during open workshops and will be voted on during a public
hearing. He said statistics show the great majority of voters complete their ballots and
that the number of voters during fall elections is significantly higher. In response to
Councilmember Clark's concern about discrimination, he pointed out candidates
running for the same seat will be subject to the same requirements. He stated his
primary reason for supporting the amendment is that it will increase the number of
voters voting in the elections.
Councilmember Clark said a lot of the city's increased voter turnout has been
due to early ballots. She referenced an article entitled "Voting Positions Get
Clearances", stating it said all voters would have to show identification at the polls. She
asked how this would impact the early ballot or mail-in ballot processes. Mr. Tindall
stated the provisions of Proposition 200 regarding the showing of identification pertain
only to voting at the polls, not mail-in ballots. He explained mail-in ballots are verified
by signature. Councilmember Clark stated the city would not have to worry about
Proposition 200 at all if it moved to an all-mail ballot. Mr. Tindall stated, not at this time.
Vice Mayor Eggleston said most people he has spoken with prefer to have all of
the elections held at one time. He said he has never found the number of signatures
required to be too daunting and believes it provides a great opportunity for candidates
to meet and speak with people. He expressed his opinion the proposed amendment
represents a change for the better.
Mayor Scruggs clarified that the City Council is voting whether or not to take the
issue to the voters of Glendale. She said she would not support an all mail-in ballot
because there is no other recourse available to someone who might not receive his or
her ballot. She stated the proposed amendment has been discussed since June 2004
and she has personally spoken on the issue at District meetings in which she has been
invited to speak. She said she has found the public to be overwhelmingly supportive of
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the change; admitting, however, she presented the information from the voter's
perspective rather than the perspective of the candidates who may face greater
burdens when running for a seat. She reiterated the issue would be placed before the
voters, expressing her opinion there will be ample time for dialog with the public. She
pointed out the current election cycle places unknown candidates at a disadvantage
because most people do not want to hear from candidates during the winter holiday
season.
Upon a call for the question, the motion carried by a vote of 4 to 2, with the
following Councilmembers voting "aye": Scruggs, Eggleston, Frate and Goulet.
Councilmembers voting "nay": Lieberman and Clark.
12. CALL FOR SPECIAL ELECTION
Ms. Pam Hanna, City Clerk, presented this item.
This is a request for the City Council to adopt a resolution calling for a special
election to be held on May 17, 2005.
The call for a special election meets the Council strategic priorities by increasing
citizen involvement in government.
Direction was given at the City Council Workshop of January 18, 2005 to
proceed with the calling of a Special Election on May 17, 2005 and to submit
propositions to the qualified voters of the City of Glendale.
The City Council directed that a charter amendment to change the election cycle
be placed on the agenda for the evening meeting on January 25, 2005.
At the January 18, 2005 Workshop, the City Council directed that the
propositions for the two Franchise agreements be placed on the January 25, 2005
agenda.
Municipal elections provide the city's registered voters with an opportunity to
make their choices known.
The recommendation was to waive reading beyond the title and adopt a
resolution calling for a special election to be held on May 17, 2005.
Resolution No. 3825 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY
17, 2005; AND ORDERING THE CITY CLERK TO PUBLISH SAID CALL FOR
SPECIAL ELECTION.
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It was moved by Frate, and seconded by Goulet, to pass, adopt and
approve Resolution No. 3825 New Series.
Councilmember Clark said she could support the special election if it were being
called solely for the purpose of the franchise agreements, but given the inclusion of the
fall election issue, she cannot support the motion.
Councilmember Lieberman agreed with Councilmember Clark, stating he will
also vote in opposition to the motion.
Upon a call for the question, the motion carried by a vote of 4 to 2, with the
following Councilmembers voting "aye": Scruggs, Eggleston, Frate and Goulet.
Councilmembers voting "nay": Lieberman and Clark.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Martinez, to hold a City
Council Workshop at 2:30 p.m. in Room B-3 of the City Council Chambers on
Tuesday, February 1, 2005, to be followed by an Executive Session pursuant to
A.R.S. 38-431.03 and to hold a City Council Special Executive Session from 9:00
a.m. to 5:30 p.m. in the 4th floor conference room of Glendale City Hall on
Thursday, February 10 to conduct interviews for the position of City Attorney and
discuss the consideration and appointment of the City Attorney pursuant to
A.R.S. 38-431.03a.18. The motion carried unanimously.
CITIZEN COMMENTS
Mr. Chuck Jared, a resident of the City of Glendale Cactus District, said he
attended a Hall of Fame function in Denver Colorado in January and it occurred to him
that Glendale should have a Hall of Fame, suggesting it be in honor of Warren Smith,
recently retired Parks and Recreation Director.
Mr. Robert Tautimer, a resident of the City of Glendale Barrel District, stated he
is the president of the Suncrest Homeowners Association. He said he and his
neighbors have been working hard to make their community safer, adding lighting to
covered parking and parking lots and installing decoy security cameras and signs
stating the property is under surveillance. He stated a block watch program is in place
and they have a very active Block Watch Captain. He said, however, despite their
efforts they have suffered many break-ins and thefts as well as a mugging. He said
they have been told they can no longer get a police patrol through their community, but
have also been told if they move to being a gated community they can no longer apply
for grants for city assistance. He said it has gotten to the point where people are afraid
to park at their homes and older residents in the community have been brought to tears
with frustration over not feeling safe in their homes. He said, while he understands the
Police Department does not have the resources to respond to every call, they need
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help. He said they are very proud of the improvements they have made to their
community and would appreciate the city's help in making it a safer place to live.
Mr. Andy Voss, a resident of the City of Glendale Ocotillo District, said the
Glendale Fire Station 151 at 55th Avenue and Orangewood is planning to relocate to
52nd and Lamar to better serve the downtown area. He asked how moving the fire
station will impact the area it currently serves, stating thousands of homes are located
in the area. He expressed concern that their homeowner's insurance will increase if the
fire station relocates. He stated the fire station should remain in its present location and
suggested another fire station be located at the new public safety building. He pointed
out the land was intended for use as a fire station, asking what other use the city
envisions for the property.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark announced U2 is coming to the Glendale Arena on April
14. She said ticket information should be released later this week or early next week.
She stated Glendale Arena is ranked 54th in a survey of top arenas in the United States,
noting Bank One Ballpark was ranked 93`d. She complimented Arena management on
the job they have done in bringing wonderful concerts to the Arena.
Councilmember Goulet assured residents the relocation of Fire Station 151 will in
no way diminish service in the Ocotillo District, explaining the purpose of the relocation
is to better serve the city, not underserve the district. He noted the new station would
be an enhanced facility.
Councilmember Lieberman invited everyone to attend the Chocolate Affair
Festival scheduled for the weekend after next.
Vice Mayor Eggleston said he was pleased Council approved the agreement with
ADOT for the Grand Avenue liaison, commenting on the time people are already saving
because of the improvements to Grand Avenue. He acknowledged the challenges
those who live and work in the downtown area will face during construction; stating,
however, the improvements will be beautiful and have a significant impact on traffic
when completed.
Councilmember Martinez announced a neighborhood meeting would be held this
Thursday at Legends Elementary School. He noted Jim Book, the city's Transportation
Director, is retiring and thanked him for all he has done for the city's transportation
system.
Councilmember Frate also wished Mr. Book well. He noted the northwest corner
of 83rd Avenue and Bell Road has been graded. He stated the Hometown Buffet at 58th
Avenue and Bell was razed and will be the future site of a compass bank. He stated
the Mobil service station at 67th Avenue and Cactus is also scheduled to be razed. He
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thanked Mr. Voss and Mr. Rall for coming to the meeting and urged everyone to watch
children around water.
Mayor Scruggs stated the first Legislative Link session occurred last night,
explaining the program is intended to help everyone better understand how bills go
through the Arizona State Legislature and how to register their opinion on bills as they
go through the Legislature. She said the program has received a tremendous response
and a second class has been scheduled for February 1. She announced Neighborhood
Day at the Legislature is scheduled for February 2 and invited those interested in
attending to call her office. She commented the purpose of Legislative Link is to
empower interested citizens to have a greater voice on issues by which they are most
impacted. She explained many issues are outside of the city's authority to address,
such as bills concerning education and homeowners associations.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:30 p.m.
Pamela Hanna - City Clerk
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