HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/13/2004 (9) MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JULY 13, 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, and H. Philip Lieberman.
Councilmember Manuel D. Martinez was absent.
Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City
Manager; Jon Paladini, Interim City Attorney; and Pamela Hanna, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the five resolutions and five
ordinances to be considered at the meeting were available for public examination and
the title posted at City Hall more than 72 hours in advance of the meeting.
APPROVAL OF THE MINUTES OF THE JUNE 22, 2004 CITY COUNCIL MEETING
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the June 22, 2004 City Council Meeting, as each
member of the Council had been provided copies in advance, and approve them
as written. The motion carried unanimously.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 8 and Ms.
Pamela Hanna, City Clerk, read consent agenda resolutions numbers 3664 through
3775 by number and title.
1. LIQUOR LICENSE NO. 3-941 CHUY'S MESQUITE BROILER
This is a request by Steven Burris for the City Council to approve a new Series
12 (on-sale, restaurant) license for Chuy's Mesquite Broiler located at 5134 N. 95th
Avenue.
The approval of this license will increase the total number of liquor licenses in
this area by one.
The establishment is over 300 feet from any school or church. 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.
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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.
2. LIQUOR LICENSE NO. 3-942 COME-N-GO MARKET
This is a request by Prashant Parmar for the City Council to approve a person
transfer of Series 9 (off-sale, all liquor) license for Come-n-Go Market located at 4432
W. Peoria, Avenue. The previous owner operated this business as Come-N-Go Market
and held a Series 9 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. 3-943 MIXTECA MEXICAN FOOD
This is a request by Basilios Tsakiris for the City Council to approve a new Series
12 (on-sale, restaurant) license for Mixteca Mexican Food located at 9240 N. 43`d
Avenue. The previous owner operated this business as Mixteca Mexican Food and did
not hold a liquor license.
The approval of this license will increase the total number of liquor licenses in
this area by one.
The establishment is over 300 feet from any school or church. 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. 3-945 LA GROCERIE
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This is a request by Jay McGuire for the City Council to approve a person and
location transfer of a Series 7 (on & off-sale retail, beer & wine) license for La Grocerie
located at 5626 W. Bell Road. The previous owner operated this business as the
Parrot Bay Café and held a Series 12 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.
5. LIQUOR LICENSE NO. 3-946 ROSARIO RISTORANTE
This is a request by Logan Hall for the City Council to approve a Series 12 (on
sale retail, restaurant) license for Rosario Ristorante located at 9250 N. 43`d Avenue.
The previous owner operated this business as Rosario Ristorante and held a Series 12
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.
6. PURCHASE ORDER INCREASE TO NATIONAL WATERWORKS FOR
HYDRANT AND VALVE MAINTENANCE AND REPAIRS
This is a request for the City Council to approve an increase in spending
authority for maintenance and repair parts for the hydrants and valves from National
Waterworks. For Fiscal Year 2003/04, the Utilities Department has reached the
$140,000 authorized spending limit for this purchase order and is requesting authority
to spend an additional $13,000 with National Waterworks.
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Due to the critical nature of providing fire protection to Glendale residents at all
times, failing hydrants had to be replaced to decrease potential safety liability to the city
in case of fire occurrence. In order to accommodate this need, the Utilities Department
purchased and installed 87 hydrants this year, 35 hydrants more than are typically
purchased in a year. Additionally, over 30 more valves were replaced throughout the
system. These extra replacements were necessitated by an ageing infrastructure, and
to minimize the impact of shutting off the water mains that will have to be relocated to
accommodate the Arizona Department of Transportation improvements along the
Grand Avenue corridor.
This increase in hydrant and valve maintenance and repair helps ensure that
hydrants and valves are operational and available for emergency services.
Funding is available in the Fiscal Year 2003/04 Operating Budget account
number 83-6443-7520.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$13,000 $13,000
Account Name, Fund, Account and Line Item Number:
Meter Maintenance, 83-6443-7520
The recommendation was to authorize the Utilities Department to spend an
additional $13,000 in the Fiscal Year 2003-04 budget for maintenance and repair parts
for the fire hydrants and valves from vendor National Water-works.
7. AMENDMENT ONE: PROFESSIONAL SERVICES AGREEMENT FOR OLDER
PARKS RENOVATIONS
This is a request for City Council approval of amendment number one to the
professional services agreement with Logan Simpson Design, Inc. for the Older Parks
Renovations capital improvement project. This amendment will provide for the final
design and construction administration services for the approved conceptual plans.
The improvements resulting from this project are consistent with the Glendale
Parks and Recreation Master Plan.
On September 25, 2003, the firm of Logan Simpson Design, Inc. was retained to
assess the existing site conditions and prepare conceptual drawings for improvements
to Delicias, Lawrence, Myrtle and New World parks. The original development dates of
these parks were 1975, 1973, 1941 and 1975.
On February 26, 2002, the City Council adopted the Glendale Parks and
Recreation Master Plan.
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While specific improvements to be made under this amendment vary for each
park, they generally include picnic ramadas and grills, paved walkways, game court
resurfacing, benches, drinking fountains, landscaping and security lighting. All of the
improvements are in parks that are at least 20 years old or older.
A series of seven public meetings were held to gather input from the community.
The surveys resulting from these meetings identified specific details regarding the
public's concerns and requests at each site.
Development impact fee revenue will be used to fund these projects. According
to the project description in the Fiscal Year 2005-14 Capital Improvement Plan, the
renovations, enhancements, improvements, or expansion of existing parks are needed
to accommodate infill housing growth and the subsequent increased usage of existing
parks.
The total amount of this amendment is $88,937, bringing the total contract
amount to $126,807.25. Funds for this project are available in Park
Improvements/Enhancements, Account No. 88-8919-8300.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $88,937
Account Name, Fund, Account and Line Item Number:
Park Improvements/Enhancements, Account No. 88-8919-8300
The recommendation was to approve amendment number one to the
professional services agreement with Logan Simpson Design, Inc. in the amount of
$88,937.
8. 2004-05 PERFORMING ARTS GRANT PROGRAM
This is a request for the City Council to approve the 2004-05 Performing Arts
Grants to support 10 arts projects.
By ordinance, the Glendale Arts Commission makes recommendations to the
City Council on public art acquisitions and awarding performing arts grants.
The grant program is now in its ninth year. Eighteen grant applications, totaling
$42,040, were submitted to the Arts Commission by its April 1, 2004 deadline.
Applications were reviewed and ranked at the Arts Commission's May 12, 2004,
meeting according to criteria stated in the grant program guidelines. Evaluation criteria
included: (1) artistic quality; (2) ability to serve the needs of the community; (3)
managerial and administrative ability of the applicant organization; (4) history of the
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applicant in producing, presenting or serving the arts; and (5) appropriateness of the
project budget.
Ten grants totaling $23,540 is recommended for funding:
• $2,500 - Phoenix Symphony, two concerts at Desert Garden Elementary
School.
• $2,500 - Arizona Arts Chorale, collaborative concert with Arizona Winds at
Midwestern University's Ocotillo Hall.
• $2,500 - Ballet Arizona, outdoor concert at Historic Sahuaro Ranch.
• $1,140 - Center Dance Ensemble, four performances at Bicentennial
South and Isaac E. Imes Elementary Schools.
• $2,500 - Glendale Public Library, Foothills Branch, series of musical and
dance performances, workshops and lectures celebrating heritage of
Arizona's Mexican-American culture.
• $2,500 - Horizon Elementary School, workshops and performances with
percussion artist Jeff Jones.
• $2,400 - Glendale Public Library, Main, series of poetry writing workshops
coordinated by Carol Hogan.
• $2,500 - Peoria Unified School District, workshops and two performances
for elementary and high school students by Dennis Rowland Jazz Band.
• $2,500 - Encore Interactive Theatre, workshop and performance in
collaboration with Fushicho Taiko celebrating the Japanese culture at
Desert Palms Elementary School.
• $2,500 - Peoria Unified School District, theater workshops by Childsplay
followed by performance at Cactus High School.
Seven applications received lower rankings from the Arts Commission and were
not recommended for funding: Don Mensendick School, Glendale Public Library,
Foothills Branch, Glendale Public Library, Main (2 applications), Guerin Events and
Kids Connection, Nebellen Dance Company and the Phoenix Boys Choir. One
application, Las Brisas Elementary School, was ineligible because proposed programs
would not take place within the city limits of Glendale.
In 1996, the Council approved the Performing Arts Grant Program to motivate,
increase and support the performing arts in Glendale. Disciplines included in the
performing arts are music, theater and dance. Individual grant awards do not exceed
$2,500 and are funded from the Municipal Arts Fund. Since the inception of this
program, the city has funded 64 Performing Arts Grants totaling $151,855.
The Performing Arts Grant Program supports a variety of projects, which make
the arts more accessible to Glendale citizens, most notably youth and their families.
The arts projects are spread throughout the community including nine sites at
educational facilities, two libraries and a regional park. Collectively, 188 artists are
involved in the 10 projects, which are projected to serve audiences of 8,230 people.
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The Public Art Ordinance mandates deposits of one percent of construction
projects' costs in the Capital Improvement Program into the Municipal Arts Fund for the
city's arts program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $23,540 $23,540
Account Name, Fund, Account and Line Item Number:
Municipal Arts Fund Account No. 70-9700-7330
The recommendation was to authorize the City Manager to execute the contracts
and documents necessary to award the Performing Arts Grants, supporting ten arts
projects in Glendale for 2004-05.
CONSENT RESOLUTIONS
9. AMENDMENT TO SANDS REDEVELOPMENT AGREEMENT (C-4617)
This is a request for the City Council to adopt a resolution authorizing the
entering into of an amendment to the Sands Chevrolet (Sands) Redevelopment
Agreement dated September 24, 2002. Sands is requesting the amendment due to the
impact of the Arizona Department of Transportation (ADOT) Grand Avenue
construction project.
This project promotes economic development and business retention within the
City of Glendale by providing employment and redevelopment opportunities and
retention of sales tax revenue.
In September 2002, the City of Glendale entered into a redevelopment
agreement with Sands for a maximum sales tax reimbursement of $6.5 million over 10
years.
The original redevelopment agreement required Sands to complete all property
improvements and off-site improvements within three years of when the first building
permit was pulled.
The amendment provides the following:
• Extends the existing agreement from 10 years to 12 years.
• Commencement date of January 1, 2005 and a specific termination date of
January 1, 2017.
• Total rebate or maximum reimbursement amount does not change.
• If Sands ceases new car operations in Glendale and relocates outside of the
city (within a 10-mile radius) they are obligated to repay the rebated sales tax
to the city.
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The City Council approved the redevelopment agreement with Sands Motor
Company on September 24, 2002.
The Sands project is consistent with the city's General Plan and provides public
benefits to the city, including increasing residents' access to goods and services and
enhancing the city's infrastructure, employment base, assessed property valuation
and/or general tax revenues.
There is no change in the budget impact from the original agreement.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an amendment to the redevelopment
agreement with Sands Motor Company.
Resolution No. 3774 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
AMENDMENT TO THE REDEVELOPMENT AGREEMENT WITH SANDS MOTOR
COMPANY, AN ARIZONA CORPORATION; AND DIRECTING THAT THE
AMENDMENT BE RECORDED.
10. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION
This is a request for the City Council to authorize the entering into of the
Fifteenth Intergovernmental Agreement and Contract for Legal Services with the cities
of Chandler, Mesa, and Scottsdale to jointly engage outside counsel to represent their
common interest in Gila River General Stream Adjudication.
On January 6, 1992, the five cities of Glendale, Mesa, Chandler, Scottsdale, and
Tempe entered into an Intergovernmental Agreement for legal representation in the
Gila River General Stream Adjudication; the City of Tempe subsequently withdrew from
the Agreement. The cities of Glendale, Chandler, Mesa, and Scottsdale entered into
subsequent Intergovernmental Agreements on an annual basis to retain such legal
representation. Specific emphasis will be placed on the issues currently on appeal
before the Arizona Supreme Court and generally involve the extent to which
groundwater will be subject to adjudication, the standards to be applied in determining
federal reserved water rights (Indian claims) and how conflicting rights will be resolved.
At stake in this lengthy litigation are approximately one-half of the city's water rights.
The cities of Glendale, Chandler Mesa, and Scottsdale most recently entered
into a Fourteenth Intergovernmental Agreement effective on September 12, 2003 to
retain such legal representation. These same cities now wish to extend the term of the
Contract for Legal Services for an additional time-period and enter into a new contract
to supersede the contract for legal services effective September 12, 2003.
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The Gila River General Stream Adjudication is an extremely important legal case
that will adjudicate the surface water rights of the City in the Gila River watershed.
The cities, through a competitive proposal process, hired William H. Anger of the
law firm of Engelman Berger, P.C. to provide the legal representation. The cost of legal
services for the fifteenth year will not exceed $120,000, with expert services not to
exceed $10,000. These costs will be shared by the participating cities. Glendale's
share of legal services for the fifteenth year will not exceed $30,000 with expert
services not to exceed $2,500. Glendale's total share for the fifteenth year will not
exceed $32,500.
Grants Capital Expense One-Time Cost Budgeted _ Unbudgeted Total
X $32,500
Account Name, Fund, Account and Line Item Number:
Utilities Administration, 50-6410-7330
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of the Fifteenth Intergovernmental Agreement
and Contract for Legal Services with the cities of Chandler, Mesa and Scottsdale
relating to the joint legal representation in the Gila River General Stream Adjudication.
Resolution No. 3775 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 FIFTEENTH INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR
LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE
RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL
STREAM ADJUDICATION.
Mayor Scruggs opened the public comment on Agenda Item No. 10.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, urged the
Council to vote in favor of the Mexteca Liquor License, stating they Mexteca is a very
clean restaurant and a great place for families. With regard to the Sands
redevelopment agreement, he said he is concerned that automobile dealerships get
away with a lot by putting cities against each other. He suggested the city use its
official lobbyists and work with other cities to present a united position. He said he is
pleased the city used a competitive proposal process in the Gila River General Stream
Adjudication.
Mayor Scruggs closed the public comment.
It was moved by Eggleston and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 10, including the
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approval and adoption of Resolution No. 3774 New Series and Resolution No.
3775 New Series; and to forward Liquor License Applications No. 3-941 for
Chuy's Mesquite Broilers No. 3-942 for Come-N-Go Market, No. 3-943 for Mixteca
Mexican Food, No. 3-945 for La Grocerie, and No. 3-946 for Rosario Ristorante, to
the State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval. The motion carried unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
11. REZONING APPLICATION ZON04-04: LANDMARK MIDDLE SCHOOL — 5730
WEST MYRTLE AVENUE
Mr. Jon Froke, Planning Director, presented this item.
This is a request by the City of Glendale to approve Rezoning Application
ZON04-04, Landmark Middle School, located at 5730 West Myrtle Avenue. The
request is to rezone a portion of the property from R-2 (Mixed Residence) to R1-6
(Single Residence).
The proposed rezoning is consistent with the General Plan and the new zoning
designation will bring the entire property into conformance with the General Plan.
The property is currently developed as Landmark Middle School. No changes
are proposed to the school property. The request is to change the zoning designation
for a portion of the property from R-2 (Mixed Residence) to R1-6 (Single Residence).
The requested rezoning would establish only one zoning designation where two
different designations have existed for some time. This rezoning will correct this
situation and assign one zoning designation to the site that is in conformance with the
General Plan designation of EDU (Education). The property is located within the
redevelopment area of the City Center Master Plan. The site is designated as
public/semi-public facility in the master plan.
On June 3, 2004, the Planning Commission recommended approval of the
rezoning application.
The rezoning will bring the property into conformance with the General Plan and
it will be consistent with the surrounding properties in the area.
On April 21, 2004, 204 notification letters were sent out to surrounding property
owners and interested parties. There were three telephone calls received in response
to this request. All of the calls received were people asking questions clarifying the
request or what the plans were for the school property. Staff explained the rezoning
application and let each caller know that they would receive two more notices of the
rezoning application. The callers were told they could comment at one or both of those
meetings if they desired.
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The recommendation was to conduct a public hearing and approve Rezoning
Application ZON04-04.
Mayor Scruggs opened the public hearing on Agenda Item No. 11. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Clark, to approve Rezoning
Application ZON04-04. The motion carried unanimously.
12. REZONING APPLICATION ZON04-07: ISAAC E. IMES MAGNET SCHOOL —
6625 NORTH 561H AVENUE
Mr. Jon Froke, Planning Director, presented this item.
This is a request by the City of Glendale to approve Rezoning Application
ZON04-07, Isaac E. Imes Magnet School, located at 6625 North 56th Avenue. The
request is to rezone the entire site from C-2 (General Commercial) to R1-6 (Single
Residence).
The proposed rezoning is consistent with the General Plan and the new zoning
designation will bring the entire property into conformance with the General Plan.
The property is currently developed with Isaac E. Imes Magnet School. No
changes are proposed to the school property. The request is to change the zoning
designation from C-2 (General Commercial) to R1-6 (Single Residence). The
requested rezoning would reduce the intensity of use for the site should redevelopment
occur at some point in the future as well as provide a buffer to the existing residential
neighborhoods located to the north and east. The property is located within the
redevelopment area of the City Center Master Plan. The site is designated as
public/semi-public facility in the master plan.
On June 3, 2004, the Planning Commission recommended approval of the
rezoning application.
The rezoning will bring the property into conformance with the General Plan and
it will be consistent with the surrounding properties in the area.
On April 21, 2004, 113 notification letters were sent out to surrounding property
owners and interested parties. There were three telephone calls received in response
to this request. A majority of the calls received were people asking questions clarifying
the request or what the plans were for the school property. Staff explained the rezoning
application and let each caller know that they would receive two more notices of the
rezoning application. The callers were told they could comment at one or both of those
meetings if they desired.
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The recommendation was to conduct a public hearing and approve Rezoning
Application ZON04-07.
Mayor Scruggs opened the public hearing on Agenda Item No. 12. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Frate, to approve Rezoning
Application ZON04-07. The motion carried unanimously.
13. REZONING APPLICATION ZON04-09: SMITH MAGNET SCHOOL — 6534
NORTH 63H0 AVENUE
Mr. Jon Froke, Planning Director, presented this item.
This is a request by the City of Glendale to approve Rezoning Application
ZON04-09, Smith Magnet School, located at 6534 North 63rd Avenue. The request is to
rezone a portion of the property from C-3 (Heavy Commercial) and R-3 (Mixed
Residence) to R1-6 (Single Residence).
The proposed rezoning is consistent with the General Plan and the new zoning
designation will bring the entire property into conformance with the General Plan.
The property is currently developed with Smith Magnet School. No changes are
proposed to the school property. The request is to change the zoning designation from
C-3 (Heavy Commercial) and R-3 (Mixed Residence) to R1-6 (Single Residence). The
requested rezoning would reduce the intensity of use for the site should redevelopment
occur at some point in the future as well as provide a buffer to the existing residential
neighborhoods located to the north and east. The property is located within the
redevelopment area of the City Center Master Plan. The site is designated as
public/semi-public facility in the master plan.
On June 3, 2004, the Planning Commission recommended approval of the
rezoning application.
The rezoning will bring the property into conformance with the General Plan and
it will be consistent with the surrounding properties in the area.
On April 21, 2004, 109 notification letters were sent out to surrounding property
owners and interested parties. There were two telephone calls received in response to
this request. Both of the calls received were people asking questions clarifying the
request or what the plans were for the school property. Staff explained the rezoning
application and let each caller know that they would receive two more notices of the
rezoning application. The callers were told they could comment at one or both of those
meetings if they desired.
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The recommendation was to conduct a public hearing and approve Rezoning
Application ZON04-09.
Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Clark, to approve Rezoning
Application ZON04-09. The motion carried unanimously.
BIDS AND CONTRACTS
14. AWARD OF CONSTRUCTION CONTRACT — FISCAL YEAR 2004-05
ASPHALT OVERLAY PROGRAM
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to award a contract to FNF Construction,
Inc. for the construction of the Fiscal Year (FY) 2004-05 Asphalt Overlay Program.
This project supports the Council goal of ensuring public safety and awareness.
The Council supports proper maintenance of city streets, which maximizes their
serviceable life.
The city utilizes a pavement management system to track the conditions of the
existing streets and prioritize the needed reconditioning. The FY2004-05 asphalt
overlay is required to recondition deteriorated streets, repair the damage resulting from
construction of public utility lines and improve the ridability on arterial, collector and
residential streets throughout the city. The base bid will provide a rubberized asphaltic
concrete overlay on approximately three miles of arterial streets, one mile of collector
street and 2.7 miles of residential streets, including Camelback Road from 75th to 83rd
Avenues, Bethany Home Road from 51st to 59th Avenues, 59th Avenue from Camelback
to Bethany Home Road, 55th Avenue from Peoria Avenue to Cactus Road, the
intersection of 51St and Olive Avenues, and 47th to 51St Avenues from Glendale to
Orangewood Avenues.
This project also includes 22 fire hydrants throughout the city that are part of this
year's annual fire hydrant replacement program. They were included as part of this
project so the new finished pavement would not be damaged during their installation.
On June 17, 2004, four bids were received and opened. To ensure the
construction costs would not exceed the budget, the bid documents included two
alternates. Alternate number one is for 67th to 71St Avenues, Missouri Avenue to
Bethany Home Road, and alternate number two is for 83rd Avenue, from Camelback
Road to Bethany Home Road. Staff is recommending the award of the base bid only at
this time to stay within the budget for the project. The alternate bid items will be given
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priority in the FY 2005-06 overlay program. FNF Construction Inc., a qualified licensed
contractor, submitted the lowest base in the amount of $1,056,962.70.
This year's overlay program provides the community with 6.7 miles of
reconditioned surfaces for improved ridability on arterial, collector, and residential
streets.
Funds for this project are included in the Fiscal Year 2004-05 Street
Maintenance Operating Budget, Pavement Management, and Account No. 12-6232-
7330 and in Fiscal Year 2003-05 Capital Improvement Program, Utilities Department,
and Fire Hydrant Replacement, Account No. 83-8051-7520.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,056,962.70
Account Name, Fund, Account and Line Item Number:
Pavement Management, Account No. 12-6232-7330 $957,901.70
Fire Hydrant Replacement, Account No. 83-8051-7520 $ 99,061.00
The recommendation was to approve the award of the construction contract with
FNF Construction, Inc. for the base bid amount of $1 ,056,962.70.
Mr. Broyles confirmed for Councilmember Frate that the alternate bids would be
given priority in FY 2005/06 unless street conditions warrant otherwise.
Mayor Scruggs opened the public comment on Agenda Item No. 14.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
found the item to be very confusing, asking on what project the money will actually be
spent.
Mayor Scruggs closed the public comment.
It was moved by Clark, and seconded by Frate, to approve the award of the
construction contract with FNF Construction, Inc. for the base bid amount of
$1,056,962.70. The motion carried unanimously.
15. PROFESSIONAL SERVICES AGREEMENT- DOWNTOWN PLAZA & WELLS
FARGO RENOVATIONS
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for City Council approval of a professional services agreement
with Michael Baker Jr., Inc. The services provided by this agreement are for the design
and construction administration for the Downtown Plaza, Bead Museum and Wells
Fargo building renovations and additions.
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The City Center Master Plan, adopted by the City Council on July 23, 2002,
considers enhancing public facilities to be a priority. The renovations/additions to the
Wells Fargo building will support the services offered by the Glendale Civic Center and
will enhance and expand the Bead Museum. This project will provide an open plaza
between the buildings and will have a public art feature as the focal point with
landscaping enhancements.
A portion of this project is funded through economic development bonds. This
project supports the use of the bond funds to promote new private sector job creation
through development and redevelopment within the city, including land acquisition to be
used for public/private partnerships, constructing infrastructure for business parks, and
acquiring land and interests therein as may be needed for such purposes.
Wells Fargo expressed an interest in the existing bank site located on the
southwest corner of 55in and Northern Avenues, on the Northern Crossing development
site. In November of 2003, the Council approved the exchange of the existing Wells
Fargo downtown Glenn Drive property, located in front of the Civic Center, for the
Northern Crossing site. The purpose for the exchange was to renovate the existing
bank building to expand the facilities for the Civic Center and convert the existing
parking lot into an open public plaza. It was decided to renovate the Bead Museum to
compliment the renovation and expansion of the Wells Fargo building. Space is to be
added to the Bead Museum for classes and additional exhibit space and small meeting
breakout rooms for the Civic Center.
A request for proposals was sent out to over 100 architectural firms and 13
proposals were received. A review committee, made up of staff from the Economic
Development, Community Revitalization, Planning, Parks and Recreation, and
Engineering Departments, short-listed three firms for oral interviews. Michael Baker Jr.,
Inc. was selected as the best-qualified firm to provide the required services.
This project will have a direct impact on the Glendale Civic Center and downtown
area. The open space plaza area will create an inviting entrance to the Civic Center,
with a public art feature. The renovation/additions to the Wells Fargo building will
support the services offered by the Glendale Civic Center and will enhance and expand
the functionality of the Bead Museum.
Funds in the amount of $360,401.19 for this project are available in Downtown
Projects, Account No. 01-8970-8330, Downtown Campus, Account No. 32-9712-8330
and Downtown Plaza Project, Account No. 11-7370-7330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $360,401.19
15
. ..... ... ......_....
Account Name, Fund, Account and Line Item Number:
Downtown Projects: 01-8970-8330 $ 48,200.00
Downtown Campus: 32-9712-8330 $ 215,697.19
Downtown Plaza Project: 11-7370-7330 $ 96,504.00
The recommendation was to approve the professional services agreement with
Michael Baker Jr., Inc. in the amount of $360,401.19.
Councilmember Lieberman asked Mr. Broyles to explain why the city is entering
into the professional services. Mr. Broyles explained the project will renovate the Wells
Fargo building to provide breakout rooms for the civic center and will include the plaza
between the Bead museum and the Wells Fargo building. Councilmember Lieberman
pointed out the Wells Fargo Bank has closed.
Mayor Scruggs opened the public comment on Agenda Item No. 15.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, commented
the council communication didn't have enough information and was confusing. He
expressed concern that contracts are being awarded based on subjective qualifications
rather than the lowest price. He said he opposed the item because the selection was
not made using an objective process.
Mayor Scruggs closed the public comment
It was moved by Lieberman, and seconded by Goulet, to approve the
professional services agreement with Michael Baker Jr., Inc. in the amount of
$360,401.19.
Mayor Scruggs told Mr. Clark that the complete City Council Information Packet
is available the Friday before the meeting on the City's web site.
Upon Mayor Scruggs's request, Mr. Beasley confirmed that no commissions are
earned by city employees with regard to the award of any contracts. He said, by law
and ethical standards, such commissions are not allowed. He stated, additionally, the
selection of professional services is subject to a defined process, not a matter of
subjective choice and the criteria and rules that apply are clearly on record with the
city's Purchasing Department.
Upon a call for the question, the motion carried unanimously.
16. PROFESSIONAL SERVICES AGREEMENT- FIRE STATION NO. 159, 63RD
AVENUE AND BELL ROAD
Mr. Larry Broyles, City Engineer, presented this item.
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This is a request for City Council approval of a professional services agreement
with DWL Architects, Inc. The services provided by this agreement are for design and
construction administration for Fire Station No. 159, to be located on 63`d Avenue, north
of Bell Road.
This facility will help meet Council's goal of ensuring public safety and
awareness in the community, and enhancing the quality of life for people who live, work
and shop in 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. In 2002, with the Council's approval, the Fire Department purchased
approximately 1.56 acres on the east side of 63rd Avenue, north of Bell Road for the
construction of a new fire station. The new fire station will include four apparatus bays
and living quarters for two fire engine companies.
A notice for a Request for Qualifications was sent out to over 100 architectural
firms and 14 proposals were received. A review committee, made up of staff from the
Fire, Planning, and Engineering Departments, and an outside architect and contractor,
selected DWL Architects, Inc. as the best-qualified firm to provide the required services.
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.
Funds for this project in the amount of $330,180 are available in the Fiscal Year
2004-05 Capital Improvement Program, New Fire Station Construction and Equipment,
Account No. 60-9019-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $330,180
Account Name, Fund, Account and Line Item Number
New Fire Station Construction and Equipment, Account No. 60-9019-8330
The recommendation was to approve the professional services agreement with
DWL Architects, Inc. in the amount of $330,180.
Councilmember Lieberman asked Chief Burdick why he selected the subject site.
Chief Burdick stated the site was chosen after map modeling and studies were
conducted. He explained a computerized system looked at the most appropriate
locations to meet response time goals and determined the subject location will
maximize response times to both ends of the city Councilmember Lieberman asked
about the equipment that will go into the station. Chief Burdick said stations always
have an engine company to meet fire suppression and medical emergency activities.
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He stated Council also approved a north ladder company, which will be located at the
station.
It was moved by Lieberman, and seconded by Clark, to approve the
professional services agreement with DWL Architects, Inc. in the amount of
$330,180. The motion carried unanimously.
17. CONSTRUCTION MANAGER AT RISK AGREEMENT- FIRE STATION NO.
159, 63Hu AVENUE AND BELL ROAD
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to approve a construction manager at risk
agreement with the firm of FCI Constructors, Inc to provide design support services for
Fire Station No. 159, to be located on 63`d Avenue, north of Bell Road. The
construction manager at risk will assist the city and the design architect, DWL
Architects, Inc., in designing the facilities. Additional services include conducting the
bidding to establish the guaranteed maximum price, budget and scheduling, and
maintaining the project requirements.
This facility will help meet the Council's goal of ensuring public safety and
awareness in the community, and enhancing the quality of life for people who live, work
and shop in 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. In 2002, with Council's approval, the Fire Department purchased
approximately 1.56 acres on the east side of 63rd Avenue, north of Bell Road for the
construction of a new fire station. The new fire station will include four apparatus bays,
and living quarters for two fire engine companies.
A notice for a Request for Qualifications was sent out to contracting firms and
four proposals were received. Three firms were interviewed on May 27, 2004. The
interview committee, made up of staff from the Fire, Planning, and Engineering
Departments, and an outside architect and contractor, selected FCI Constructors, Inc.,
as the best-qualified firm to provide the required services.
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.
Funding for this project is available in Fiscal Year 2003-04 Capital Improvement
Program, Fire Station Land Acquisition, and Account No. 60-9617-8330 and in Fiscal
Year 2004-05 Capital Improvement Program, New Fire Station Construction and
Equipment, Account No. 60-9019-8330.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $30,404
Account Name, Fund, Account and Line Item Number
Fire Station Land Acquisition, Account No. 60-9617-8330 $15,800
New Fire Station Construction and Equipment, Account No. 60-9019-8330 $14,604
The recommendation was to approve the construction manager at risk
agreement with FCI Constructors, Inc. in an amount not to exceed $30,404.
It was moved by Lieberman, and seconded by Frate, to approve the
construction manager at risk agreement with FCI Constructors, Inc. in an amount
not to exceed $30,404.
The motion carried unanimously.
ORDINANCES
18. ABANDONMENT OF 56TH AVENUE BETWEEN PALMAIRE & MYRTLE
AVENUES
Ms. Kathie Sholly, Property Manager, presented this item.
This is a request for the City Council to abandon 56th Avenue between Palmaire
and Myrtle Avenues. The abandonment will allow Grace Evangelical Lutheran Church
to accommodate its church and school campus expansion.
The abandonment of 56th Avenue between Palmaire and Myrtle Avenues will
enhance the quality of life for many Glendale residents and promote redevelopment
efforts in the downtown area.
Grace Lutheran Evangelical Church (Grace Church) is the owner of
approximately 3.38 acres of land located between Palmaire and Myrtle Avenues, and
between 55th Drive and 57th Avenue. Currently 2.28 acres of the property located at the
northeast corner of 56th and Palmaire Avenues is developed with church and school
facilities.
Several years ago, Grace Church began plans to expand its existing church and
school campus by incorporating other church-owned property, located along the west
side of 56th Avenue between Palmaire and Myrtle Avenues, into a single, larger campus
complex. Grace Church approached the city and submitted a request for the
abandonment of 56th Avenue between Palmaire and Myrtle Avenues to accommodate
the proposed campus expansion.
In April of 2002, the city entered into a development agreement with Grace
Church for the abandonment of 56th Avenue between Palmaire and Myrtle Avenues.
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The development agreement outlined specific development stipulations and
requirements that Grace Church had to complete before the abandonment could take
place. The city wanted to assist the church in finalizing its expansion and
redevelopment plans without abandoning the roadway prematurely. The city did not
want to abandon the roadway without some assurance that the church and school
campus expansion would occur.
At this time, Grace Church has completed all planning and development
processes and has been granted its permits. As a part of the abandonment agreement,
Grace Church will deed to the city Lot 1, Block 12, Parks Addition. This lot contains
7,000 square feet and is located at the southwest corner of 56th and Palmaire Avenues.
In April of 2002, the Council approved a development agreement with Grace
Evangelical Lutheran Church for the abandonment of 56th Avenue between Palmaire
and Myrtle Avenues.
Grace Evangelical Lutheran Church is responsible for costs associated with the
relocation of the utility services.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning 56th Avenue from Palmaire to Myrtle Avenues for the expansion
of Grace Evangelical Lutheran Church and School.
Ordinance No. 2391 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 ABANDONMENT OF 56TH AVENUE
BETWEEN PALMAIRE AND MYRTLE AVENUES TO THE OWNERS OF RECORD
OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD
A CERTIFIED COPY OF THIS ORDINANCE.
It was moved by Goulet, and seconded by Frate, to approve Ordinance No.
2391 New Series.
Vice Mayor Eggleston stated the church started planning their expansion many
years ago and tonight is a major step to it becoming a reality.
Councilmember Lieberman noted the street has already been closed, the
buildings on West Palmaire have been removed, and the property immediately west of
56th Avenue has been cleared.
Upon a call for the question, the motion carried on a roll call vote, with the
following Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston,
Frate, and Scruggs. Members voting "nay": none.
19. DEEDS AND EASEMENT ORDINANCE
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Mr. Jon Paladini, Interim City Attorney, presented this item.
This is a request for THE City Council to accept real estate properties conveyed
by quitclaim deed, warranty deed and/or easements from property owners, pursuant to
Article VII, Sec. 15 of the City Charter.
One of the City Council strategic priorities is managing growth and preserving
neighborhoods. The Deeds and Easement Ordinance conveys properties necessary to
complete municipal objectives.
The Deeds and Easement Ordinance is compiled of recently conveyed
properties. These properties have been used for sidewalks, streets, alleyways, parks,
water and sewer lines, and other public utilities. In order to utilize these properties for
similar use in the future, it is necessary that the Council adopt an ordinance dedicating
these properties for public use.
It is to the advantage of the City of Glendale to dedicate the described properties
for public use.
Glendale citizens directly benefit from the city's ownership of properties utilized
for public amenities.
The recommendation was to waive reading beyond the title and adopt an
ordinance dedicating certain real property for public use.
Mayor Scruggs opened the public comment on Agenda Item No. 19.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he
strongly supports the ordinance, especially as it relates to Deed 3391. He stated,
however, he is concerned about Deed 3397, asking if the City of Glendale will be
required to maintain the road.
Mayor Scruggs closed the public comment
Ordinance No. 2392 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY
CONVEYED TO THE CITY OF GLENDALE.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2392 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Frate, and
Scruggs. Members voting "nay": none.
20. OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-9
21
Mr. Jon Froke, Planning Director, presented this item.
The "Official Zoning Map of the City of Glendale" is part of the Zoning Ordinance
and identifies the official zoning district boundaries for all property within the city. The
zoning district designations on the map can only be formally amended by the City
Council through the adoption of an ordinance.
Staff updates the map to reflect the Council's approval of individual zoning
applications as they are approved. These map updates are then periodically brought to
the City Council for a formal map amendment when rezoning stipulations have been
completed.
The six rezoning applications on ZMA-9 were approved by the City Council
between November 1998 and September 2001. Official Supplemental Zoning Map
ZMA-9 will formally amend the zoning map to reflect these changes.
The community benefits from the formal map amendment by providing accurate
zoning districts.
The recommendation was to waive reading beyond the title and adopt the
ordinance for Official Supplementary Zoning Map ZMA-9.
Councilmember Clark asked if the maps depict current or future zoning. Mr.
Froke said the maps reflect what the zoning will be in the future. Councilmember Clark
asked that future presentations include maps of existing zoning.
Mayor Scruggs opened the public hearing on Agenda Item No. 3.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said he was
confused on this item as well, but will take the Mayor's advice on the City's Internet
home page before the meeting.
Mayor Scruggs closed the public hearing.
Ordinance No. 2393 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF
GLENDALE, ARIZONA BY ADOPTING OFFICIAL SUPPLEMENTARY ZONING MAP
ZMA-9 WHICH AMENDS THE ZONING ON SPECIFIC PROPERTIES; AND
ESTABLISHING AN EFFECTIVE DATE.
It was moved by Frate, and seconded by Lieberman, to approve Ordinance
No. 2393 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Frate, and
Scruggs. Members voting "nay": none.
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21. FISCAL YEAR 2003-04 BUDGET AMENDMENTS
Ms. Sherry Schurhammer, Budget Director, presented this item.
This is a request for City Council to review Fiscal Year 2003-04 budget
amendments and adopt an ordinance approving them.
Review of the Fiscal Year 2003-04 budget amendments is consistent with the
Council's goal of ensuring the city's financial stability.
A budget amendment is a transfer of appropriation authority from one fund to
another fund; it is not a transfer of monies between funds. The attached document
details the budget amendments required throughout Fiscal Year 2003-04.
The majority of the budget amendments deal with capital projects. During the
course of Fiscal ear 2003-04, capital project carryover was reconciled. When
departments prepared their Fiscal Year 2003-04 capital project budgets, they estimated
the amount of carryover savings they would have. At the end of the Fiscal Year 2002-
03, the Management and Budget Department reconciled each department's actual
savings with their estimated carryover budgeted in Fiscal Year 2003-04 and then
increased or decreased their budgets accordingly.
This type of action is routinely done at the end of each fiscal year. For example,
City Council approved a similar ordinance for Fiscal Year 2002-03 on July 8, 2003.
The City of Glendale's total Fiscal Year 2003-04 budgeted appropriation for all
funds remains unchanged.
The recommendation was to waive reading beyond the title and adopt an
ordinance approving the Fiscal Year 2003-04 budget amendments.
Councilmember Clark asked if the amendment is retroactive since the city
entered its new fiscal year on July 1. Ms. Schurhammer responded yes.
Ordinance No. 2394 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE TRANSFER OF FUNDS BETWEEN
BUDGET ITEMS IN THE ADOPTED FISCAL YEAR 2003-2004 BUDGET; AND
DECLARING AN EMERGENCY.
It was moved by Goulet, and seconded by Frate, to approve Ordinance No.
2394 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Frate, and
Scruggs. Members voting "nay": none.
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22. GLENDALE PARKS FOOD AND BEVERAGE CONCESSIONS LEASE
AGREEMENT
Mr. Wayne Baxter, Parks and Recreation Deputy Director, presented this item.
This is a request for the City Council to approve a lease agreement with Arizona
Sno to provide the food and beverage concessions at the parks ballfields located at
Foothills Park (57th Avenue and Union Hills), Sahuaro Ranch Park (63rd Avenue and
Mountain View Road) and Paseo Racquet Center (63rd Avenue and Thunderbird
Road).
The current lease agreement expires July 31, 2004.
Two of the City Council goals are to provide financial stability to the city and
enhance the quality of life for Glendale residents. This concession lease provides
additional revenue for the city, while enhancing the experience patrons have while
participating or as a spectator at our parks ballfields.
The current lease agreement for the food and beverage concessions at the city's
parks ballfields expires July 31, 2004; therefore, staff recently initiated the request for
proposal process. Two proposals were submitted by the March 30, 2004 deadline.
They were Double "H" Catering (Perry Hatter), 4800 West Ocotillo Road, Glendale,
Arizona, and Arizona Sno (Nick Mariani), 3835 North Tatum Boulevard, Phoenix,
Arizona.
A six-member panel, with staff representation from the Finance, Tax and
License, and Parks and Recreation Departments evaluated the proposals submitted
and unanimously ranked Arizona Sno as the top proposal.
The term of the Food and Beverage Concession Lease Agreement will be for
one year, commencing on August 16, 2004, with four one-year renewable options. The
lessee must provide written notification to the City of Glendale 90 days prior to the
expiration of the current term to renew this lease agreement.
As part of the award, the city will receive a minimum annual rent amount of
$4,800, or 21% of gross revenue, whichever is greater. The minimum annual rent
amount increases in years two through five of the Lease Agreement, while the percent
of gross revenue remains the same. The city receives the greater of the two amounts
for each year of the contract.
The City Council approved the current lease agreement in June of 2001.
The new lessee has a strong marketing promotion and sales background in the
concession industry. Staff believes this will lend itself to increased sales of food and
beverage at the parks ballfields.
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The recommendation was to waive reading beyond title and adopt an ordinance
authorizing the lease agreement with Arizona Sno for the operation of the parks food
and beverage concessions.
Councilmember Frate said it was suggested to him that the city consider offering
food and beverage services at the skateboard facility. Mayor Scruggs noted the city is
in the process of offering services at that facility and asked staff to provide Council with
an update when one is available.
Ordinance No. 2395 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 FOR PARKS
CONCESSIONS AT FOOTHILLS PARK, SAHUARO RANCH PARK AND PASEO
RACQUET CENTER BALLFIELDS PARK.
It was moved by Frate, and seconded by Eggleston, to approve Ordinance
No. 2395 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Frate, and
Scruggs. Members voting "nay": none.
RESOLUTIONS
23. INTERGOVERNMENTAL AGREEMENT AMENDMENT FOR THE LOOP
101/MARYLAND AVENUE BRIDGE FINAL DESIGN
Mr. Mark Poppe, Assistant Traffic Engineer, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
entering into of an amendment to an existing Intergovernmental Agreement (IGA) with
the Arizona Department of Transportation (ADOT) to include the development of the
final design of the Maryland Avenue Bridge over Loop 101.
This request supports the Council strategic priority to create transportation
options. The Maryland Avenue Bridge over Loop 101 will serve as the primary access
to the planned park and ride lot on Maryland near Loop 101. The bridge will provide
additional access to the Glendale sports facilities and the surrounding area, thereby
relieving traffic congestion on Glendale Avenue and 91st Avenue. The bridge will also
provide an alternate bicycle route across Loop 101. The current bicycle route is on
Glendale Avenue.
In November of 2001, Glendale voters approved pedestrian, bicycle, and park
and ride improvements as part of the city's transportation election. The Regional Public
Transportation Authority (RPTA) and ADOT have programmed money for the
construction of a park and ride lot and connecting roadways in the vicinity of Loop
101/Glendale Avenue.
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In February of 2003, the Citizen Transportation Oversight Commission (CTOC)
took action to specifically identify the Maryland Avenue Bridge over Loop 101 in the
Glendale Onboard Transportation Program.
In August of 2002, the City of Glendale entered into agreements with the Arizona
Sports and Tourism Authority (AZSTA) and the National Football League Arizona
Cardinals to locate a multi-purpose facility near Loop 101 and Maryland Avenue. The
facility will serve as the home of the Arizona Cardinals and the Fiesta Bowl beginning
with the 2006 football season.
The City, RPTA, AZSTA, and the Arizona Cardinals have studied various
alternatives for the location of the park and ride lot, access to the lot, and access to the
sports facilities. The Maryland Avenue Bridge over Loop 101 is an important
component for providing access to these facilities.
Following the November 2001 transportation election, the Council directed staff
to begin implementation of the overall transportation plan. Staff has worked with the
RPTA, AZSTA, and the Cardinals representatives on the location, design concepts, and
access for the park and ride lot. On October 14, 2003, the Council approved an IGA
with ADOT for the Loop101/Maryland Avenue Bridge Design Concept Report (DCR)
and Environmental Studies. The existing Intergovernmental Agreement is filed as
Number C-4941. City staff has worked with ADOT on the DCR. The draft DCR is
complete and under review by the staff and other stakeholders.
In addition to creating transportation alternatives, this project will help support a
number of additional Council strategic priorities. Moving bicycle traffic from Glendale
Avenue to Maryland Avenue will enhance public safety. The improved access in this
area will help support economic development at Westgate and the surrounding area.
Moving event traffic west directly to 99th Avenue will lessen the impact the arena and
stadium will have on the existing neighborhood east of 91st Avenue. The Maryland
Avenue Bridge is an important component of the transportation system in this part of
Glendale. The success of development in this area will enhance the overall quality of
life for Glendale residents.
CTOC has recommended the Maryland and Loop 101 park and ride as part of
the Glendale Onboard (GO) Transportation Program. Staff and the Arizona Cardinals
representatives met with representatives of the neighborhood east of the sports
facilities to discuss traffic impacts and proposed roadway improvements. On May 20,
2004, ADOT held a public meeting to present the potential improvements for the
Maryland Avenue Bridge, answer questions, and obtain comments. All comments
supported the proposed improvements.
City of Glendale funds for the proposed Loop 101 and Maryland Avenue park
and ride are programmed as part of the GO Transportation Program at an estimated
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cost of $950,000. The final design covered under this amendment to the IGA will
require $625,000 of these funds.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X 625,000 625,000
Account Name, Fund, Account and Line Item Number:
Park-and-Ride Lot— L101/Glen. Account No. 25-9455-8330
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an amendment to Intergovernmental
Agreement C-4941 with the Arizona Department of Transportation for the development
of the Loop 101/Maryland Avenue Bridge final design.
Mayor Scruggs opened the public hearing on Agenda Item No. 23.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, commended
the Council and City for doing what it can to assist people who want to ride bicycles.
Mayor Scruggs closed the public hearing.
Resolution No. 3776 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 ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE
ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE LOOP 101/MARYLAND
AVENUE BRIDGE FINAL DESIGN.
It was moved by Clark, and seconded by Eggleston, to pass, adopt and
approve Resolution No. 3776 New Series. The motion carried unanimously.
24. INTERGOVERNMENTAL AGREEMENT FOR A REGIONAL GRANULATED
ACTIVATED CARBON REGENERATION FACILITY STUDY
Mr. Roger Bailey, Utilities Director, presented this item.
This is a request for City Council authorization to enter into an intergovernmental
agreement (IGA) among the cities of Chandler, Glendale, Mesa, Peoria, Phoenix,
Scottsdale, and Tempe to complete a feasibility study for a regional Granulated
Activated Carbon Regeneration Facility (GACRF). The facility will be used to reactivate
granular activated carbon (GAC), which is utilized in the water treatment process in
order to remain in compliance with certain Federal drinking water regulations. Each
participating city will be utilizing GAO filters at one or more of their respective water
treatment plants.
27
This feasibility study will help meet the Council goals of providing financial
stability, coordinating exceptional service delivery and enhancing the quality of life for
Utilities customers.
For the past two years, Utilities staff has been working with cities around the
Valley to determine whether to participate in creating a regional GACRF. Currently, the
city utilizes deep-bed multi-media filtration as part of its water treatment process.
However, the city is in the process of converting to a GAC process to improve water
quality. The feasibility study will determine if it is more economical to have a centralized
GACRF or send the GAC to a private vendor for regeneration. Participant members
have agreed upon a time frame to study the feasibility, location, sizing, and economics
of such a venture. Participants have also agreed on the business structures selected
for analysis: non-profit, partnership, district, and merchant facilities.
Activated carbon is coal that has been thermally treated with steam and carbon
dioxide to create a high surface area. Activated carbon can be used as a filter-absorber
through the replacement of anthracite and/or sand media with GAC, which filters
particulates and absorbs natural organic matter.
This GAC filtration improves the taste of the water, helps to eliminate odors in
the water, and allows less chlorine to be used for disinfection. After saturation, GAC
either needs to be replaced with new and/or regenerated GAC. Regeneration can be
accomplished at a significant reduction in cost. The cost of new GAC is $0.50 — 0.67
per pound and the estimated cost of regenerated GAC is $0.32 per pound.
Glendale's portion of ownership of the GACRF is 1.8%. The capital cost
recovery time for the proposed regional facility is four to six years. This could result in a
$96,300 potential savings for the City of Glendale Utilities Department annually.
For the past two years, Utilities staff has been working with cities around the
Valley to determine whether to participate in creating a regional GACRF.
Residents will notice improved taste of the city's water supply and improved
overall water quality.
The total fee estimate for the regional GACRF study is $426,589. Glendale's
share of the cost of the study is $7,784.
Funding is available in the Fiscal Year 2004/05 Operating Budget account
number 83-6422-7330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$7,784 $7,784
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Account Name, Fund, Account and Line Item Number:
Cholla Treatment Plant: 83-6422-7330
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement among the
cities of Chandler, Glendale, Mesa, Peoria, and Phoenix,
Mayor Scruggs opened the public hearing on Agenda Item No. 24.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, said there
are times when Glendale has to work as a team with other cities to achieve the best for
its citizens. He asked if the process is established science or if it is so new that there is
a chance the water will not be of the highest quality. He said he would rather have the
city's elected officials, rather than a private vendor, oversee the quality of water.
Mayor Scruggs closed the public hearing.
Resolution No. 3777 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 CITIES OF CHANDLER, MESA,
PEORIA, PHOENIX, SCOTTSDALE AND TEMPE FOR A GRANULATED ACTIVATED
CARBON REGENERATION FACILITY.
It was moved by Eggleston, and seconded by Frate, to pass, adopt and
approve Resolution No. 3777 New Series. The motion carried unanimously.
25. ALTERNATIVE FINANCING PROPOSAL
Mr. Art Lynch, Chief Financial Officer, presented this item.
This is a request for the City Council to adopt a resolution approving in principle
the alternative funding approach proposed by the Arizona Sports and Tourism Authority
(AZSTA) and B & B Holdings, Inc., dba Arizona Cardinals (Cardinals).
In August of 2002, the city proposed a financing tool called the Community
Facilities District (CFD). This is a separate legal entity, which has the authority to sell
bonds and build infrastructure projects. After exploring a number of scenarios with the
Cardinals and the AZSTA using the CFD as the financing mechanism, the AZSTA and
Cardinals brought forward a new conceptual proposal for financing the infrastructure
that does not require CFD financing.
The city and AZSTA entered into a development agreement in April 2002. At the
July 1, 2003 Council workshop meeting, staff provided an overview of the CFD process.
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On April 27, 2004, the Council met as the CFD board of directors. The purpose of that
meeting was to review formational activity related to the CFD.
This new alternative funding approach has a number of components, which
benefit the city.
These include the following:
• No CFD bonds would be issued, thereby reducing issuance costs and
potential liability
• AZSTA would sell approximately $32 million in bonds
• Team would construct stadium infrastructure
• AZSTA contributes $1 million for youth sports fields
• City provides overflow parking and extends streets to improve traffic flows,
paid for through the Capital Improvement Plan (CIP)
Existing CIP budget authorization will be used to fund the city's share of activity.
The recommendation was to waive reading beyond the title and adopt a
resolution approving in principle the alternative funding approach proposed by the
AZSTA and Cardinals.
Mayor Scruggs opened the public hearing on Agenda Item No. 25.
Mr. Ted Ferris, AZSTA President, stated he supports the resolution and the
attached term sheet, which will serve as the basis for amendments to the Development
Disposition Agreement between the City and the AZSTA. He said amendments would
be brought back to his Board of Directors, just as they will be brought to the Council for
approval. He noted John Benton, their Board's Chairman, wanted to express his
appreciation for the Council's consideration of the resolution and term sheet, stating he
believes it is important to have a plan for the site that ensures quality that is
commensurate with the world-class design of the stadium.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, asked how
much will it cost for the city to provide overflow parking and extend streets to improve
traffic flows as called for in the alternative financing proposal. He said he attended the
Facilities Districts Board meeting wherein the official was unable to say the city was not
going to be held liable.
Mayor Scruggs closed the public hearing.
Resolution No. 3778 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AGREEING TO AN ALTERNATE FUNDING APPROACH
PROPOSED BY THE ARIZONA SPORTS AND TOURISM AUTHORITY ("AZSTA")
AND B&B HOLDINGS, INC., DBA ARIZONA CARDINALS ("CARDINALS");
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AUTHORIZING THE ENTERING INTO OF NEGOTIATIONS ON BEHALF OF THE
CITY WITH THE AZSTA AND THE CARDINALS; AND FURTHER DIRECTING THE
CITY MANAGER TO BRING SUCH AGREEMENT TO THE CITY COUNCIL FOR
DISCUSSION, CONSULTATION AND POSSIBLE APPROVAL OF SUCH AN
AGREEMENT.
It was moved by Frate, and seconded by Eggleston, to pass, adopt and
approve Resolution No. 3778 New Series.
Councilmember Clark said she is comfortable with the resolution and the
accompanying term sheet and looks forward to a final agreement that reflects the terms
of the term sheet. She stated the city's original $3.5 million commitment towards
infrastructure has not changed. She noted the Mayor successfully negotiated the
Bethany Home Road interchange with MAG and ADOT and ADOT has agreed to fund
the overpass over the Loop 101. She stated all of the items being considered were
discussed publicly and agreed upon in a public fashion. She stated new items would
arise as they begin discussing the extension of 95th Avenue, which will be rolled in the
CIP as needed.
Upon a call for the question, the motion carried unanimously.
MOTION TO EXCUSE COUNCILMEMBER MARTINEZ
It was moved by Eggleston, and seconded by Frate, to excuse
Councilmember Martinez from tonight's Council meeting. The motion carried
unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Frate, to hold a Special City
Council Meeting at 8:00 a.m. in the Glendale Arena, 9400 West Maryland Avenue,
on Monday, July 19th to be followed by an Executive Session and to hold a City
Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on
Tuesday, July 20, 2004, to be followed by an Executive Session pursuant to
A.R.S. 38-431.03. The motion carried unanimously.
CITIZEN COMMENTS
Ms. Yvonne Knapp, a resident of the City of Glendale Barrel District, said she
has lived and worked in the City of Glendale for many years and wants to express her
gratitude for all the City Council has done for the city. She stated she has worked with
most of the Council members first hand and knows how dedicated, honest and hard
working they are. She said it is sad that the current legal situation has brought such
negative press to the city and its Council, stating the Council has served its community
well in many endeavors. She said many residents of Glendale have pulled together to
show their support.
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Mr. Ken Jones, a resident of the City of Glendale Ocotillo District, stated there
were a lot of reports that some of the Council members wanted to use city funds to pay
for legal fees, however, a July 10, 2004 Press Release from the City's Communications
Director stated individual Council members will pay their own legal fees and no public
funds will be spent. He asked if that is, in fact, how the situation will be handled. He
said each of the members indicted were done so because of their own personal choices
and actions. He stated, not unlike other infamous politicians, the issue was not that the
Council members attempted to avoid a $500 fine, but that they attempted to cover-up
their actions. He said, while they have not done so yet, he would like to hear those
indicted make a public statement indicating they will not take similar actions in the
future.
Ms. Bonnie Steiger, a resident of the City of Glendale Sahuaro District,
commended the City Council, stating they have done a lot to improve the city and to
encourage citizen involvement.
Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the
Glendale Police Department for their increased patrol of 63'd and 618t Avenues. He
also thanked the Council for their action with regard to the conveyance of parklands.
He expressed his opinion a lot of the items discussed in Executive Session should be
heard in public session, especially when it concerns spending tax dollars.
Ms. Rebecca Pember, a resident of the City of Glendale Cholla District, said she
has read numerous articles concerning the indictment of four of the Council members
and is appalled. She expressed her opinion that if the charges against the Council
members are found to be true, those members should resign and that the people of
Glendale should elect four new members. She stated she had a long conversation with
Mr. Paladin' and strongly disagrees with the argument that it might be in the best
interest of the city to use taxpayer money to pay for the legal defense of the Council
members. She said, given the serious nature of the indictments, the members involved
should abstain from voting until they have been cleared of all criminal charges.
Ms. Kathleen Lewis, a resident of the city of Glendale Cholla District, said the
actions taken by some of the Council members have left her dismayed, to say the least.
She stated, while those indicted once had the best interest of the city in mind, things
have become convoluted and she encourages all of the Council members, both those
who were indicated and those that were not, to carefully consider why they wanted to
serve the citizens of Glendale. She stated, while everyone makes mistakes, it takes a
strong, honest and good person to admit a mistake has been made and accept the
consequences of their actions with dignity. She asked that the Council do what it can to
keep the situation as painless for the citizens as possible.
Ms. Debra Kist, a resident of the City of Glendale, Barrel District, acknowledged
the majority of the Council works very hard for the betterment of Glendale. She said
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she always taught her children not to lie or be sneaky and to be accountable for the
choices they made, attributes she hopes they carry into their adult lives.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark thanked the Fire Department for hosting the child car seat
safety program at the Western Public Safety Facility. She also thanked the West Glenn
Estates Homeowners Association for inviting her to their barbeque Saturday night.
Councilmember Lieberman said he attended a workshop for the Neighborhood
Commission on Saturday and was reminded of the tremendous amount of time, energy
and commitment the volunteers who serve on the city's boards and commissions
dedicate to the city.
Councilmember Frate thanked those who offered their support. He stated, in
response to the current power crisis as a result of the recent transformer fire and the
possible loss of feeder lines due to a forest fire that threatens the lines, the city decided
on July 7 to shut down the air conditioning at 4:00 p.m. in the city hall building and to
modify the office hours to 7:00 a.m. to 4:00 p.m. He said staff will return to their normal
operating hours next week, however, the air conditioning will continue to be shut off at
4:00 p.m. Councilmember Frate stated the Glendale Police Department hosted a west
valley DUI task force on July 3, resulting in 171 traffic stops, 57 misdemeanor DUI's, 23
Extreme DUI's, four aggravated DUI's, seven seatbelt violations and one child restraint
violation. He asked for volunteers for the July 20 water safety walk, explaining the walk
is part of the Police Department's "Watch Me" drowning prevention campaign. He said
the July walk would cover the neighborhoods between 51st and 59t Avenue from
Peoria to Thunderbird. He noted fire fighters have responded to 12 water incidents this
year, two of which were fatal. He urged everyone to watch children around water.
Mayor Scruggs invited residents of Glendale to attend an event at Midwestern
University on July 31 wherein they can meet their Legislative and Congressional
candidates, noting 37 of the 42 candidates have agreed to attend. She said it is
important both individually and to the west valley as a whole for citizens to meet the
candidates and inform them of their concerns and issues.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:50 p.m.
Pamela Hanna - City Clerk
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