HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/12/2005 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JULY 12, 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; Pam Kavanaugh, Assistant City
Manager; Craig Tindall, 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 three
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 28, 2005 CITY COUNCIL MEETING
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the June 28, 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, read Agenda Item Numbers 1 through 8 and Ms.
Pamela Hanna, City Clerk, read Consent Resolutions Agenda Item Numbers 10
through 13 by number and title.
Councilmember Lieberman requested that Agenda Items Nos. 3, 8, 9, and 12 be
heard separately. Councilmember Goulet agreed that Agenda Item 9 should be heard
separately.
Councilmember Martinez requested that Agenda Item No. 1 be heard separately.
Vice Mayor Eggleston requested that Agenda Item No. 2 be heard separately.
4. CONTINUATION OF DIFFERENTIAL PAY FOR MILITARY RESERVISTS
This is a request for the City Council to authorize the City Manager to provide
differential pay to reservists called into active military duty. The total amount of
differential pay paid to the military reservists is not to exceed the signature authority
limit of the City Manager per fiscal year.
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Across the country, many private and public sector employers have elected to
protect military reservists and National Guard members, who have been called into
active duty, from financial hardship by paying the differential pay between civilian jobs
and military posts. The city currently has 26 regular status employees eligible for call-
up into active military duty status. Currently five employees are on active duty.
In 2002, the Council approved $48,000 to be spent on military differential pay for
military reservists or National Guard members called into active duty. Since 2002, the
city has been providing differential pay to employees called to active duty.
The expense of the military differential pay for employees called to active duty is
charged to the employee's home department. The expense is covered by the salary
savings that accrue while the employee is on active duty. To date, $45,000 of the
original $48,000 authorization has been spent on military differential pay for employees
called to active duty. It is anticipated that the remaining $3,000 will be spent over the
next few months.
The recommendation was to authorize the provision of differential pay to
reservists called into active duty, in an amount of differential pay not to exceed the
signature authority limit of the City Manager per fiscal year.
5. AWARD OF CONTRACT — SCALLOP STREETS AND BRIDGE SAFETY
IMPROVEMENTS
This is a request for the City Council to award a contract to Visus Engineering
Construction, Inc. for the construction of scallop street improvements and bridge safety
improvements.
This project supports the Council's goal of ensuring public safety and awareness.
Bethany Home Road, between 47th and 48th Avenues, is a short portion of street
that is narrow due to the lack of pavement width and curb, gutter, and sidewalk.
Drainage problems also exist due to flat grades and the inability to maintain the
drainage properly. This project will result in a widening of the street, as well as
construction of the curb, gutter, sidewalk, and streetlights and improvement of the
overall drainage in the area.
Northern Avenue, west of 44th Drive, is a short section of street with inadequate
width and sidewalk facilities. This project will widen the street and includes construction
of the curb, gutter, and sidewalk.
There are several bridges in the city that require additional improvements at the
approach guardrail. Some of the improvements can be made using updated warning
panels and pavement markings. Others require the installation of impact attenuation
devices. This project provides the attenuation devices at four locations: 83`d Avenue at
the Loop 101; Thunderbird Road at the Thunderbird Paseo Bridge (east and west
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bound); and eastbound Cactus Road at the Arizona Canal Diversion Channel (west of
51st Avenue). Warning panels are being placed at nine locations throughout the city:
67th Avenue at the Arizona Canal (both north and south bound); Thunderbird Road at
the Arizona Canal (both east and west bound); 59th Avenue at the Arizona Canal (both
north and south bound); Cactus Road at the Arizona Canal (both east and west bound);
and east bound Camelback Road at the Grand Canal.
On June 16, 2005, three bids were received and opened, with Visus Engineering
Construction, Inc., a qualified licensed contractor, submitting the lowest bid in the
amount of$629,629.
On October 28, 2003, the Council awarded the professional services agreement
to RBF Consulting Inc. for the design of the scallop street and bridge safety projects.
Construction of the scallop street project will have the benefit of providing
adequate lane widths to convey the traveling public, both pedestrian and vehicles. The
bridge safety project will provide additional protection for vehicles approaching bridges
throughout the city.
Funds for this project are included in the Fiscal Year 2005-06 Capital
Improvement Program in the following accounts: Blunt End Safety Improvements,
Account No. 33-9489-8300 - $135,660; and 43rd Ave.: Bethany Home — Peoria,
Account No. 33-9490-8300 — $493,969.
Grants ' Capital Expense ' One-Time Cost Budgeted Unbudgeted Total
X X $629,629
Account Name, Fund, Account and Line Item Number
Blunt End Safety Improvements, Account No. 33-9489-8300 - $135,660
43rd Ave.: Bethany Home — Peoria, Account No. 33-9490-8300 - $493,969
The recommendation was to award the construction contract to Visus
Engineering Construction, Inc. in the amount of$629,629.
6. FINAL PLAT APPLICATION FP04-08: ZANJERO — 9450 WEST GLENDALE
AVENUE
This is a request for the City Council to approve the final plat for Zanjero, located
at 9450 West Glendale Avenue. The requested final plat identifies lots, streets, and
easements within the Zanjero Planned Area Development (PAD).
The proposed final plat is consistent with the General Plan and the existing PAD
(Planned Area Development) zoning district.
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The site is located at the northwest corner of 91St and Glendale Avenues. The
applicant proposes to subdivide the 157.6 gross acre parcel into six parcels. This
request meets the requirements of the Subdivision and Minor Land Division Ordinance
and is consistent with the PAD documents approved by the City Council on May 13,
2003.
On May 13, 2003, the City Council approved the Zanjero PAD in case number
Z-02-19, which rezoned 157.6 gross acres from A-1 (Agricultural) to PAD (Planned
Area Development).
This request facilitates development of the property by providing subdivided lots
that are ready for development and by dedicating public rights-of-way, easements, and
other items necessary to develop the property.
The recommendation was to approve Final Plat Application FP04-08.
7. LIQUOR LICENSE NO. 3-1004 EASY TRIP CONVENIENCE STORE
This is a request by Amir Alyas for the City Council to approve a new Series 10
(off sale retail, beer and wine) license for Easy Trip Convenience Store located at 5059
West Olive Avenue.
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 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.
CONSENT RESOLUTIONS
10. TROMBLEY ELECTRICAL CONTRACTORS, INC. V. CITY OF GLENDALE
SETTLEMENT AGREEMENT
This is a request for the City Council to adopt a resolution authorizing the
entering into of a settlement agreement concerning Trombley Electrical Contractors,
Inc. The approval of the agreement would result in the dismissal with prejudice of the
pending lawsuit by Trombley Electrical Contractors, Inc.
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In 2000, Mr. Trombley of Trombley Electrical Contractors, Inc., brought suit in
Maricopa County Superior Court asserting various legal and equitable claims. The City
of Glendale disputes, and is prepared to defend against, all claims brought in the
lawsuit. All parties desire to resolve this disputed matter under the terms set forth in the
settlement agreement.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing and directing the entering into of the settlement agreement.
Resolution No. 3870 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 SETTLEMENT AGREEMENT CONCERNING TROMBLEY ELECTRICAL
CONTRACTORS, INC.
11. PROPERTY ACQUISITION: NORTH SIDE OF BETHANY HOME ROAD, WEST
OF 75'" AVENUE
This is a request for the City Council to adopt a resolution authorizing the
acquisition of 1,470 square feet of land on the north side of Bethany Home Road, west
of 75th Avenue. This property is needed as additional right-of-way for Bethany Home
Road.
Acquisition and development of this right-of-way supports the Council's priorities
of ensuring public safety and creating transportation options.
During the design of the street improvements on Bethany Home Road, between
75th and 83rd Avenues, it was determined that additional right-of-way was needed
along the north side of Bethany Home Road.
In lieu of cash consideration, the owner is willing to dedicate the property to the
city provided that the city reconstruct, replace and/or relocate certain existing
improvements and make certain project improvements to benefit the overall property.
These items include construction of a 24-inch-high masonry wall 170-feet long;
construction of a 5-foot-wide concrete sidewalk 210-feet long; construction of two 20-
foot-wide driveways; and relocation of an existing mailbox. The total estimated cost of
these improvements is $7,350.
On February 24, 2004, the Council approved a professional services agreement
with Earth Tech for the design of the street improvements on Bethany Home Road,
between 75th and 83rd Avenues.
Pedestrian safety and vehicular traffic flow through the area will be improved.
Funds are available in Bethany Home 75`h to 83rd — Street Improvements,
Account No. 61-8817-8100.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $7,350
Account Name, Fund, Account and Line Item Number
Bethany Home 75`" to 83ftl Avenues — Street Improvements, Account No. 61-8817-8100
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to execute all documents necessary to acquire
the necessary right-of-way.
Resolution No. 3871 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 THAT TITLE TO AND
POSSESSION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF
GLENDALE, MARICOPA COUNTY, ARIZONA, BE ACQUIRED BY PURCHASE, OR
UNDER THE POWER OF EMINENT DOMAIN, FOR ADDITIONAL RIGHT-OF-WAY
LOCATED ON THE NORTH SIDE OF BETHANY HOME ROAD, WEST OF 75TH
AVENUE.
13. INTERGOVERNMENTAL AGREEMENT WITH THE PEORIA UNIFIED
SCHOOL DISTRICT
This is a request for the City Council to adopt a resolution authorizing the
entering of an intergovernmental agreement (IGA) with the Peoria Unified School
District (the District) for Desert Valley Park, located at 61st and Sweetwater Avenues.
The IGA with the District allows for the development of a joint use park for school and
neighborhood activities and replaces the current agreement that has been in place
since 1985.
This agreement supports the Council priorities of enhancing the quality of life for
Glendale residents, strengthening community relationships, and creating new
partnerships.
The revised IGA for Desert Valley Park will continue to provide for the operation,
use and maintenance of the joint park site, and will replace the February 5, 1985,
agreement between the parties.
The primary components of the new agreement include:
o The city is responsible for maintaining the park in a clean, safe, and usable
condition on a year-round basis that will provide for consistent maintenance
practices. The city and the district will equally split all costs incurred by the city.
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o The district has exclusive use of the park on school days until 4:00 p.m. and first
right to use the open field area until 6:00 p.m. The city has exclusive use on
weekday evenings, weekends, holidays, and all other non-school days.
o Joint and equal contributions to a sinking fund will be increased from $1,000 to
$1,500 per year, and the fund limit will be increased from a maximum of $6,000
to a maximum of$9,000.
o The agreement will be limited to a five-year term with options to renew for four
additional five-year terms. The agreement also includes a termination clause
available to either party.
On February 5, 1985, the City Council authorized an IGA with the Peoria Unified
School District for a Desert Valley joint use park.
The new IGA will increase the neighborhood's benefits of Desert Valley Park by
improving the year-round level of maintenance and controlling usage of the park. It is
consistent with the 2002 Parks and Recreation Master Plan goal of providing
neighborhood park amenities in a one square mile area. Desert Valley Park serves
residents between Cactus and Thunderbird Roads, and 59th to 67th Avenues.
The revised IGA is an outcome from neighborhood meetings that were held on
December 3, 2003, February 19, 2004, and January 6, 2005, and at a Parks and
Recreation Commission meeting that was held on January 10, 2005.
Through this new IGA, the city will be responsible for annual operating expenses
for Desert Valley Park. However, the city will be reimbursed by the Peoria Unified
School District for half of the $18,000 in park maintenance expenses. Park
Maintenance expenses are budgeted in Account Number 01-6227-7330. The
reimbursement revenue from the Peoria Unified School District for the Desert Valley
Park will be deposited to Account Number 01-6227-7895.
Grants Operating Costs One-Time Cost Budgeted Unbudgeted Total
X X $18,000
Account Name, Fund, Account and Line Item Number
Parks North District
01-6227-7330
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an intergovernmental agreement with the
Peoria Unified School District.
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Resolution No. 3873 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 PEORIA UNIFIED SCHOOL
DISTRICT FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF A
JOINT PARK SITE LOCATED AT 61st AND SWEETWATER AVENUES IN THE CITY
OF GLENDALE.
It was moved by Lieberman and seconded by Frate, to approve the
recommended actions on Consent Agenda Item Nos. 4, 5, 6, 7, 10, 11 and 13,
including the approval and adoption of Resolution No. 3870 New Series,
Resolution No. 3871 New Series and Resolution No. 3873 New Series, and to
forward Liquor License Applications No. 3-1004 for Easy Trip Convenience Store
to the State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval.
Councilmember Clark stated she was pleased to see the final plat application for
Zanjero come forward, expressing her opinion the application is much improved.
Councilmember Frate commented the intergovernmental agreement with the
Peoria Unified School District will be a win-win situation for everyone.
Upon a call for the question, the motion carried unanimously.
1. PROFESSIONAL SERVICES AGREEMENT - FORMER HICKMAN'S EGG
RANCH
Mr. Larry Broyles, City Engineer presented this item.
This is a request for the City Council to approve a professional services
agreement with the firm of Brown and Caldwell Environmental Engineers and
Consultants for the environmental site analysis of the former Hickman's Egg Ranch,
located at 7403 North 91st Avenue. The services to be provided under this contract
include review of existing technical documents, site investigations, site characterization,
and engineering design and administrative services.
In 2001, the city entered into an agreement to purchase the approximately 19-
acre property known as Hickman's Egg Ranch, located at 7403 North 91st Avenue. To
redevelop the site as a recreational playground and overflow parking area for the new
AZSTA multi-purpose stadium, an environmental condition assessment must be
completed prior to demolition of any of the structures on the grounds or redevelopment
of the property.
On July 17, 2001, the Council approved the purchase of the property. The
services of Brown and Caldwell were retained in 2005 to assist staff in planning
redevelopment of the property.
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Authorizing the next phase of services by Brown and Caldwell will ensure that
the redevelopment of the property will be accomplished in a timely manner, and in
compliance with all current federal environmental regulations governing the change of
use from agricultural to recreational.
Funds are available in the Fiscal Year 2005-06 Capital Improvement Plan, Park
and Feature Fields, Account No. 36-9137-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $399,322
Account Name, Fund, Account and Line Item Number
Park and Feature Fields, Account No. 36-9137-8330
The recommendation was to approve the professional services agreement with
Brown and Caldwell Environmental Engineers and Consultants in the amount of
$399,322.
Councilmember Martinez said he thought part of the agreement when they
purchased the property was that an environmental assessment would be done. He
asked if that assessment was separate to the proposed agreement. Mr. Broyles
explained a Phase I environmental assessment was conducted when the property was
purchased to identify potential problems whereas the professional services agreement
includes an onsite investigation to identify pesticides, asbestos or other harmful agents
found on the property. He said, while there is the potential for contamination given the
nature of the business operated on the property, contamination is not definite.
Councilmember Lieberman asked what Peoria Unified School District had to do
when they purchased the property to the north to make it safe. Mr. Broyles said they
were required to obtain a list of pesticides used on the property and clearance prior to
constructing the school.
Councilmember Lieberman asked if it is possible the city will have to spend a lot
of money to tear down the existing henhouses and peat mill and clean the land. Mr.
Broyles explained the proposed agreement will allow them to proceed with the
investigation that will determine the extent of contamination. Councilmember
Lieberman asked if the Hickman's will be held responsible for costs if extreme
contamination is found. Mr. Broyles deferred the question to the City Attorney. Mr.
Tindall stated that he would have to review the city's agreement with Hickman to
determine what level of financial responsibility that Hickman might have.
Councilmember Lieberman asked if the houses and store will be leveled. Mr. Broyles
responded yes.
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Councilmember Lieberman asked when they could expect to receive a report on
the environmental assessment. Mr. Tindall pointed out that the term of the agreement
was 180 days.
Councilmember Clark asked if the silo equipment belongs to Hickman's or the
city. Mr. Broyles said the Hickman's are allowed to clear equipment, buildings or
anything else left on the property prior to vacating the property. Councilmember Clark
asked if there are any stipulations in the contract that makes the cost of demolishing or
removing any remaining items the city's responsibility. Mr. Tindall stated that the
contract would have to be reviewed to determine the responsibilities of Hickman.
Councilmember Lieberman noted July 14 represents the end of the fourth year
and the end of one year since the last payment. He said, therefore, as of July 14 the
city will own the property and everything on it. Mr. Broyles explained Hickman's
requested and the city granted a 30-day extension.
It was moved by Eggleston and seconded by Clark, to approve the
professional services agreement with Brown and Caldwell Environmental
Engineers and Consultants in the amount of $399,322. The motion carried
unanimously.
2. CHANGE ORDER ONE AND FINAL - WEST AREA REGIONAL PARK, PHASE
ONE
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to approve change order one and final to
the contract with Norquay Construction for construction of phase one improvements at
the West Area Regional Park located at 83rd Avenue and Bethany Home Road.
On November 25, 2003, the Council awarded the construction contract to
Norquay Construction for the phase one improvements. Phase one improvements
included play equipment, water playground, restroom, ramadas, landscaping, irrigation,
parking, security, basketball court and game lighting. All of the stated improvements
are elements of the master plan layout for the overall park.
The phase one improvements include a splash pad, which is regulated by the
Maricopa County Department of Environmental Services (MCDES). Because splash
pads are something new to the County, they do not have specific rules governing their
installation and operation. As a result, they were regulating the installation of the splash
pad based on public pool regulations. During construction, MCDES directed the city to
make changes to the design based on their interpretation of the rules governing
swimming pools. The changes made to the water playground included the installation
of a water recirculation system, a 3,000-gallon water tank, enclosure for the equipment,
valves, drainage pipes, restoration of the landscaping, and a wrought iron perimeter
fence around the water playground. Additional half street improvements, including
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curb, gutter, sidewalk, and landscaping, were constructed along 83rd Avenue between
the park and the public safety facility to complete the roadway through this area.
On July 22, 2003, the Council amended the professional services agreement
with Olsson Associates to prepare the contract documents. On November 25, 2003,
the Council awarded the contract to Norquay Construction, in the amount of
$1,401,164.41 to construct phase one improvements.
All of the elements of this project are in compliance with the adopted master
plan. Development of the master plan included numerous public meetings to gather
input from the community and follow-up meetings to review the resulting designs.
The total amount of this change order is $196,043, which brings the total for this
project to $1,597,207.41. The additional funds are available in the Fiscal Year 2004-05
Capital Improvement Plan, Western Area Regional Park, Park Bond Funds, Account
No. 36-8948-8300 ($134,043) and West Area Regional Park Grant, Account No. 47-
8069-8300 ($62,000).
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $196,043
Account Name, Fund, Account and Line Item Number:
Western Area Regional Park, Park Bond Funds, Account No. 36-8948-8300 $134,043
West Area Regional Park Grant, Account No. 47-8069-8300 $62,000
The recommendation was to approve change order one and final to the
construction contract with Norquay Construction in the amount of $196,043.
Vice Mayor Eggleston asked if the change order is solely related to the water
park. Mr. Broyles said the majority of the change order is for the display pad at the
water park, but a portion is for the half-street improvements done between the park and
the public safety facility to the north. Vice Mayor Eggleston asked why the designers
did not know the cost of the splash pad sooner. Mr. Broyles explained the splash pad
is a new type of facility for the valley and the Department of Environmental Services
only recently decided such play areas fall in the area of swimming pools. He said they
notified the city during construction that changes to the splash pad area would have to
be made to conform to swimming pool regulations. He noted a similar situation
occurred in Scottsdale. Vice Mayor Eggleston asked what was the cost of the splash
pad area. Mr. Broyles stated the entire project totaled just over $1.5 million, but he
does not know how much of that is attributable to the splash pad itself. Vice Mayor
Eggleston asked why the company that built the splash pad did not include the
recirculation system in their original plans. Mr. Broyles explained the requirement was
not in place at that time. He said the change in Department of Environmental Services'
regulations prompted the change order. He stated the project had to be put on hold
until it could be redesigned to meet the new requirements. Vice Mayor Eggleston
asked if the delay in opening was related to the new regulations. Mr. Broyles
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responded no, explaining the delay was the result of the Building Safety inspection and
the grounding of equipment.
Vice Mayor Eggleston asked who is responsible for supervising the water quality.
Mr. Broyles said Parks and Recreation staff would operate and maintain the facility.
Councilmember Frate asked if Peoria's water park was built under a different set
of regulations. Mr. Broyles was unable to say what the park's water system consists of;
stating, however, the park was built under different regulations.
Councilmember Frate asked if the wrought iron fence would rust because of the
water. Mr. Broyles explained, as part of the pool regulations, a fence has to surround
the facility. He said he does not believe they will have problems with rust since they are
using high-grade steel. Councilmember Frate pointed out the splash park has a zero-
depth, stating he does not agree that fencing is necessary.
Councilmember Goulet asked when the city became aware of the change in
regulations. Mr. Broyles said the issue arose in late winter. Councilmember Goulet
asked if Council should have been advised of the situation and provided information
concerning the issue prior to tonight's meeting, given the uniqueness of the project. Mr.
Broyles said they make their judgment on a case-by-case basis and felt this case was
fairly straightforward. Councilmember Goulet asked if the applicant knew change
orders have been opposed in the past and that they faced some risk in bringing the
item forward. Mr. Broyles responded yes.
Councilmember Clark stated they were basically caught in the middle of an issue
involving Scottsdale. She said the new regulations have delayed the park substantially
because the water system had to be redesigned. She said the splash pad is a
wonderful addition to the park, noting 50 to 60 children were playing in the water when
she drove by earlier in the day. She said it is unfortunate the situation happened, but
the change order is well within the budget of that portion of the park.
Vice Mayor Eggleston asked if the job went out to bid. Mr. Broyles responded
yes, stating Council awarded the construction contract on November 25, 2003. Vice
Mayor Eggleston asked if the successful bidder would still come in lower than the next
lowest bidder taking the change order into account. Mr. Broyles was unable to say.
Councilmember Lieberman said he is usually against change orders, but whether
or not the change order makes the bid higher than the second lowest bid is not relevant
since the law changed one year to 15 months after the original contract was signed.
Mr. Broyles agreed.
Councilmember Clark stated the subject change order is in no way similar to the
change order Council considered a couple weeks ago, explaining in that situation the
change order was due to the bidder inadvertently or otherwise leaving certain services
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out of their bid. She said the subject change order is necessary because a new
requirement was added.
It was moved by Clark and seconded by Lieberman to approve change
order one and final to the construction contract with Norquay Construction in the
amount of$196,043. The motion carried unanimously.
3. PROFESSIONAL SERVICES AGREEMENT - PARK AND RIDE LOT AT
MARYLAND AVENUE AND LOOP 101
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to approve a professional services
agreement with INCA Engineers, Inc. for the engineering design and construction
administration for a Park and Ride Lot at Maryland Avenue and the Loop 101.
This project is consistent with the Council goals of creating transportation options
and enhancing the quality of life for Glendale residents.
In November of 2001, Glendale voters approved new sales tax funding to
complete transportation projects throughout the city. One of these projects was the
Park and Ride Lot at Maryland Avenue and the Loop 101.
The Park and Ride facility will include bus bays, platform(s), passenger shelters,
lighted canopies, site lighting, landscaping, and irrigation, and a security
building\comfort room.
Construction of the Park and Ride facility at Maryland Avenue and the Loop 101
will provide public transportation access to and from the entertainment district at
Westgate, and serve as a car pool rendezvous point.
This project was presented in six public meetings, which were held as part of the
Glendale Onboard Transportation Program. One project specific public meeting is
planned for the citizens in the project area.
Funds for the design and construction administration are available in the Fiscal
Year 2005-06 Glendale Onboard Transportation Program, L101/Maryland Park and
Ride, Account No. 33-9455-8330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $678,649.01
Account Name, Fund, Account and Line Item Number
L101/Maryland Park and Ride, Account No. 33-9455-8330
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The recommendation was to approve the professional services agreement with
INCA Engineers, Inc, in the amount of$678,649.01.
Councilmember Lieberman asked if the city owns the property. Mr. Broyles
explained it is located on the Cardinals' property and a long-term lease will be entered
into for the use of the site as a Park and Ride facility. Councilmember Lieberman
asked if the city would be responsible for making the lease payments. Mr. Broyles said
he does not know if any cost to the city is associated with the lease. Mr. Tindall
explained the property is held by B and B Holdings and the city is currently in
negotiations for the lease. He stated he has not seen the agreement lately so he is not
immediately familiar with the terms of the agreement, but he does not believe
substantial lease payments are involved. Councilmember Lieberman said it is his
understanding the city will provide the Park and Ride lot for free as an incentive for
people to use public transportation when visiting Westgate or the arena.
Mayor Scruggs clarified the lot is a Park and Ride Lot, not a public parking lot.
Mr. Tindall agreed, stating it is across the street from Westgate and the Hammond
Hotel site. Mayor Scruggs stated the lot would be for the use of those utilizing public
transportation, not for visitors to the arena. Mr. Tindall agreed.
Councilmember Lieberman said the agreement states construction of the Park
and Ride facility at Maryland Avenue and Loop 101 will provide public transportation
access to and from the entertainment district at Westgate and serve as a carpool
rendezvous point. Mr. Broyles explained the Park and Ride facility will operate as such
during the week, but will be used by the stadium on weekends for overflow parking.
Mr. Tindall confirmed for Mayor Scruggs the Park and Ride Lot would be
available for use by those attending stadium games and events. Mayor Scruggs asked
about people who want to use public transportation at that time. Mr. Tindall said they
would have to manage the use of the Park and Ride Lot appropriately and offer
alternatives for bus service.
Councilmember Clark said the Park and Ride Lot would be funded with CTOC
monies; therefore it has to be a public facility. She pointed out buses run on weekends,
which will put two conflicting uses on the site. She asked if the city is constructing
permanent structures on leased property and what will happen to the investment the
city makes in those structures if it looses the lease. She also asked to see conceptual
designs for the Park and Ride Lot. Mr. Broyles stated the Rapid Transit Authority is
completing their environmental work and proposed layout for the facility. He said the
proposed contract would take it into the design phase of the project. Councilmember
Clark asked that Council be shown the conceptual design before it proceeds to formal
design. Mr. Skeete explained they anticipate a 99-year lease agreement with B&B
Holdings with minimum charges. He said the RPTA is aware of the fact that the Park
and Ride Lot is being developed on a leased property and the life expectancy of the lot
is 25 to 35 years. He explained, should it be decided at some point the lot should be
relocated, the agreement places the financial responsibility for relocating the lot on B&B
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Holdings. He said staff identified the land on the north side of Glendale Avenue that
the city recently acquired from ADOT as an alternative site should relocation be
necessary.
Councilmember Clark asked Mr. Skeete to comment on the conflict that will arise
between the Park and Ride use and parking for games and events. Mr. Skeete said
discussions with the RPTA, B&B Holdings and the Cardinals have been that alternative
parking will be found for public parking on game days. He stated, however, the Park
and Ride Lot spaces would be the last ones used. He assured Councilmember Clark
that the contracts they are working on would document the process for relocating to an
alternative site on game days, including funding sources. Councilmember Clark
expressed her opinion it is illogical to move the Park and Ride Lot users to another
location on game days. She said it makes more sense to find alternative parking for
stadium-goers. Mr. Skeete said that might end up being the case once they get into the
logistics of how the process will work. Councilmember Clark asked if people using
public transportation to get to a game would be dropped off at the Park and Ride Lot.
Mr. Skeete explained the public transit process would be reoriented and dictated by the
different traffic signals on game day.
Mayor Scruggs said she is very uncomfortable with the plan being described;
stating the city is trying to promote public transportation and moving them to an
alternative location on game days will make the process too difficult and cumbersome.
She expressed concern they will not hold the trust of the public if a Park and Ride Lot
and bus routes are established only to be disrupted when a game or other event
occurs. Also, she stated the Council wants the lot to have bus shelters and structures
that are aesthetically pleasing.
Councilmember Martinez agreed people using the Park and Ride Lot to access
public transportation should take priority.
Councilmember Goulet pointed out the buses may not have the budget to go to
new locations on game days. He suggested they permanently reserve a percentage of
spaces for Park and Ride Lot users.
Mayor Scruggs agreed relocating the Park and Ride Lot users could result in
problems for the fixed-route buses, including turning and scheduling issues.
Councilmember Lieberman said he supports tabling the issue for 90 days during
which time Council will hold a workshop to discuss the issue in greater detail.
Mr. Beasley explained the dual use concepts would be defined within the next
few days. He suggested staff return on the July 26' 2005 Council Meeting, explaining a
90-day delay might be problematic in regard to other agreements.
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Councilmember Lieberman asked if they would be able to discuss the issue at
the next workshop. Mr. Beasley said he does not believe the information will be
available by that time, but feels the information can be provided to Council prior to their
meeting on the 26th.
It was moved by Lieberman and seconded by Frate to table this item until
the July 26, 2005 City Council meeting.
Vice Mayor Eggleston asked if the intention of the virtually free use of the
property is to allow the city to use a parking lot that will be empty the majority of the
time as a Park and Ride Lot. Mr. Skeete responded yes. He noted the Park and Ride
Lot users would have their own entrance and exit. Vice Mayor Eggleston asked if
transportation funds would be used to develop the Park and Ride Lot. Mr. Skeete said
federal funds; Pass-Thru funds and GO Transportation Funds will all be used.
Councilmember Clark referred to the timeline in the contract, stating it
presupposes award with the project initiation starting on July 11, 2005 and construction
beginning on January 16, 2006 and completed by July 7, 2006. She said, if time is of
the essence, why was a standard 180-day contract awarded for the design of the
contract. Mr. Skeete explained the schedule of the design and construction is closely
tied to the federal funding schedule. Councilmember Clark said the Council has a
number of questions that need to be answered, but there is no opportunity to hear the
item in workshop. She asked if the plan is to complete construction of the Park and
Ride Lot prior to the first football game. Mr. Skeete responded yes. He assured the
Council that their concerns would be addressed during the design process, noting some
of the issues will be addressed when they bring the lease agreement with B&B Holdings
back to Council. Councilmember Clark asked if Council would see the conceptual
design prior to their meeting on July 26. Mr. Skeete said he does not think so; stating
Council will have those details prior to approving the lease agreement with B&B
Holdings. Councilmember Clark said, given the description in the contract, it appears a
conceptual design has been developed. Mr. Skeete stated the contract describes the
minimum standards, stating the Cardinals and B&B Holdings will have some review of
the standard structures during the design process. He assured Councilmember Clark
the structures will be of substantial importance as they proceed through the design
process.
Councilmember Martinez asked how many parking spaces would be included in
the Park and Ride Lot. Mr. Skeete said the area measures 5 acres, but he is not sure
of the number of spaces. He stated the spaces would meet the city's parking
standards. Councilmember Martinez asked if the lot would include terminal shelters.
Mr. Skeete responded yes. Councilmember Martinez reiterated his position that priority
should be given to those who use the Park and Ride Lot for its intended purpose. He
asked if buses would be used to shuttle people to the stadium on game days. Mr.
Skeete said they do anticipate charter buses coming to the facility, noting the latest
traffic plan suggests they will come off 91St Avenue and park along Maryland.
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Councilmember Lieberman said somewhere between 500 and 600 cars will be
able to park in the Park and Ride Lot, depending on the amount of space designated
for buses. He said there are too many unanswered questions, for instance will the
security bay be manned, if so, during what hours. He asked if they would charge one
rate for weekly parking and another for weekend games. Mr. Skeete said the proposed
contract would begin the process of answering those questions. He stated they would
share the information with Council as they develop and design the site. Councilmember
Lieberman asked if the city agreed to put a Park and Ride Lot on the west side of the
freeway north of Glendale Avenue. Mr. Skeete said that has not been decided,
explaining the city purchased the property as an alternative site and a long-term
solution to a Park and Ride issue that could arise as the western area is developed.
Mayor Scruggs clarified at no time was there a discussion at any MAG meeting
she attended concerning the dual use of the Park and Ride Lot. She pointed out many
people who work odd hours rely on public transit. She asked if the fee charged to park
in the lot on game days would violate any federal fund restrictions or stipulations or the
city's tax money restrictions. Mr. Tindall stated they would have to research the issue.
Upon a call for the question, the motion carried unanimously.
8. LIQUOR LICENSE NO. 3-1003 SH MINI MART & SMOKE SHOP
Mr. Michael Bailey, Assistant City Attorney, presented this item.
This is a request by Issam Rahib for the City Council to approve a new Series 10
(off sale retail, beer and wine) license for SH Mini Mart & Smoke Shop located at 5043
West Olive 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 determined that it meets all technical requirements.
In 1998, the City Council heard an application for this location for Smoke 4
Cheap. At that time, the location was primarily a smoke shop. Additionally, Mr. Rahib
was not the applicant for that license. The Department of Liquor denied the application.
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.
Vice Mayor Eggleston expressed his opinion the small shopping center does not
need another store that sells liquor.
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Mr. Bailey confirmed for Councilmember Martinez that another liquor store is
located within the same shopping center, with only one business separating the two.
Councilmember Martinez agreed with Vice Mayor Eggleston that the two licenses are
located too close together.
Councilmember Lieberman agreed as well.
Councilmember Goulet asked if other merchants in the shopping center voiced
any concerns. Mr. Bailey responded no. Councilmember Goulet asked if staff visited
the businesses in the center. Mr. Bailey said inspectors visit and post the premises and
he contacted the applicant; however, they generally do not make contact with other
businesses.
Councilmember Clark asked how close Liquor License 3-1003 is to the subject
store. Mr. Bailey said they are about 75 feet apart.
Councilmember Lieberman noted he visited the shopping center and spoke with
some of the business owners who felt there were more than enough liquor licenses in
the area.
It was moved by Lieberman, and seconded by Goulet, to forward Liquor
License Application No. 3-1003 for SH Mini Mart & Smoke Shop to the State of
Arizona Department of Liquor Licenses and Control, with the recommendation for
disapproval.
Councilmember Clark commented a similar situation occurred at 59th Avenue
and Missouri, noting she voted to disapprove that case as well.
Vice Mayor Eggleston pointed out, while the city recommended disapproval in
that case, the state ultimately approved the application.
Mayor Scruggs said locating two licenses so close together would not serve a
public need, which is the criteria that the State Liquor Board is supposed to use.
Upon a call for the question, the motion carried unanimously.
9. LIQUOR LICENSE NO. 3-1002 SUPER CARNICERIA EL GALLITO
Mr. Michael Bailey, Assistant City Attorney, presented this item.
This is a request by Peter Schelstraete for the City Council to approve a new
Series 10 (off sale retail, beer and wine) license for Super Carniceria El Gallito located
at 6311 West Maryland Avenue.
The approval of this license will increase the total number of liquor licenses in
this area by one.
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The Planning Department, the Police Department, and the Maricopa County
Health Department have reviewed the application.
In 2002, the Council denied a request from a different applicant. The basis for
denial was due to the location being within 300 feet of a school. The circumstances
have not changed since that date. Therefore, this application does not meet technical
requirements.
No protests were received during the 20-day posting period.
The recommendation was to forward a recommendation for disapproval to the
Arizona Department of Liquor Licenses and Control.
Councilmember Goulet asked how many times the subject location has come
before Council in the past. Mr. Bailey said once.
Councilmember Clark emphasized the business is within 300 feet of a school
playground. Mr. Bailey explained the area is not a playground, but a fenced recreation
area adjacent to a school building. He confirmed another store within 60 feet of the
applicant's store already has a liquor license.
Councilmember Martinez noted the Glendale Police Department recommended
approval. Mr. Bailey explained different departments consider different things when
reviewing the application. He said, in terms of criminal history, no issues were raised.
Mr. Peter Schelstraete, Attorney for the applicant, said the applicant's store is not
a typical convenience store, offering a butcher shop, fresh fruit and vegetables. He
noted they achieved the Gold Award from the health department three years in a row.
He acknowledged the Circle K store has a liquor license, but customers who buy fresh
food at the applicant's store do not want to put their food in the car to stand in line to
buy liquor at the Circle K. He stated their store caters to the Hispanic market. With
regard to the school, he said there is 290 feet between the store and the chain link
fence and what staff refers to as the recreation area between the building and the chain
link fence only measures five feet. He said he has affidavits from residents in the area
attesting to the fact that children do not play in that area. He stated the area is used to
service the back of the building. He asked the Council to approve the license.
Councilmember Goulet asked Mr. Schelstraete if he and the applicant are aware
of past applications that have come forward and were ultimately denied and the
registered neighborhoods who have opposed the applications. Mr. Schelstraete said
their application was properly noticed and no public protest has been raised about their
application. He said he reviewed the minutes from the past Council meeting.
Councilmember Goulet clarified the issue with the neighborhoods was not the five feet
behind the school, but the presence of another liquor license in the neighborhood. Mr.
Schelstraete asked on what basis are they making their protest. Councilmember
Goulet said the neighborhoods feel there are too many licenses in the area. Mr.
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Schelstraete stated there has actually been a reduction in the number of liquor licenses
in the half-mile area over the past five years. Councilmember Goulet disagreed. Mr.
Schelstraete said each location and whom they serve needs to be looked at on a case-
by-case basis. He said the applicant's store is spotless and well run and it is
inconvenient for their customers to have to go to another store to purchase beer or
wine.
Councilmember Clark stated the proposed liquor license would increase the total
number of licenses in the area by one. She said the city looks at a one-mile radius,
which, in this case, already has 44 liquor licenses.
Mayor Scruggs opened the public hearing on Agenda Item No. 3.
Mr. Frank Norris, a resident of Sun City, stated he is the owner of the apartment
complex across the street. He said he supports the liquor license application because
for the first time since he has owned the property stability has been brought to the
neighborhood as a result of the applicant's market. He stated for a number of years the
neighborhood was rundown, but it is now starting to come back and the applicant's
store is needed. He thanked the Council for their visionary outlook, stating they have
done a remarkable job. He asked the Council to approve the applicant's request.
Mr. Jose Juan Garcia, a resident of the City of Glendale, through an interpreter,
said he supports the liquor license because it would be convenient for the customers
who shop at the applicant's store.
Councilmember Clark asked Mr. Garcia if he currently buys liquor at the Circle K
next door and then goes to the applicant's store to buy food. Mr. Garcia indicated he
does. Councilmember Clark asked where he sees the inconvenience. Mr. Garcia,
again through his interpreter, said he would like to be able to buy everything he needs
at one location.
Ms. Haydee Gill, a resident of the City of Glendale, said she supports the license
because it would be convenient to be able to purchase everything she needs in one
place. She explained she has a catering truck and purchases her products at the
applicant's store. She said, while she has shopped at the Circle K, she does not care
for their customer service.
Mayor Scruggs closed the public hearing.
Councilmember Martinez asked if the 300-foot limitation allows for any leeway.
Mr. Bailey responded no.
Councilmember Goulet asked if there have been any complaints about outdoor
cooking at the applicant's store, noting he has received calls from neighborhoods in the
past. Mr. Bailey said he is not aware of anything like that occurring.
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It was moved by Goulet, and seconded by Frate, to forward Liquor License
Application No. 3-1002 for Super Carneceria El Gallito to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
disapproval.
Councilmember Clark commented it is once again a matter of consistency,
stating the Council just recommended denial of another application based on the
proximity of two stores next to each other. She said, while the issue in this case is
more compelling, the proliferation of more liquor stores has been shown to have a
destabilizing effect on neighborhoods, not a stabilizing effect as Mr. Norris implied. She
said, based on the store's location within 300 feet a school and its proximity to another
store with a liquor license, she will vote to deny the application.
Councilmember Goulet said they would be opening doors better left closed if
they start to encroach on the 300-foot limit. He said his opposition is based on the
registered neighborhoods who have consistently opposed the addition of more liquor
licenses in the area.
Upon a call for the question, the motion carried unanimously.
12. PROPERTY ACQUISITION FOR BETHANY HOME ROAD, 915T AVENUE TO
LOOP 101
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to adopt a resolution authorizing the
acquisition of all property rights needed for right-of-way purposes to construct Bethany
Home Road between 91St Avenue and the Loop 101. This request is for authorization
to employ friendly condemnation to expedite acquisition of the needed rights-of-way
and easements, and allow for timely completion of the construction project.
Construction of this project supports the Council's policy of ensuring public
safety, creating transportation options, and improves traffic circulation in and around the
Glendale sports facilities area. This section of Bethany Home Road will provide vital
access and enhance traffic safety to the football stadium and surrounding development,
and will provide a necessary link to the Bethany Home Road traffic interchange at the
Loop 101.
Bethany Home Road, between 91st Avenue and the Loop 101, is to be
constructed in conjunction with the Bethany Home Road traffic interchange at Loop
101, and the 95th Avenue bridge crossing of the Grand Canal. To keep the project on
schedule and enable the road to be opened to traffic by July 2006, the city needs to
have possession of the rights-of-way by October of 2005.
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Construction of the road will involve acquiring land from two property owners
between 91st Avenue and the Loop 101. Staff has talked with both property owners
and has given them sketches of the proposed right-of-way needed. Both owners have
granted permission to the city's contractors to perform geotechnical test and boring of
the proposed roadway area, and have met with the appraiser hired to determine the
market value of the rights and easements being acquired.
Staff has kept the property owners involved in discussions about the project, the
design elements and the right-of-way needs. The property owners are open to
negotiating the cost of the right-of-way, and want the project to stay on schedule.
On November 23, 2004, the Council approved a professional services
agreement with DMJM + Harris, Inc. for the design of Bethany Home Road from 91st
Avenue to the Loop 101 . On March 22, 2005, the Council approved an
intergovernmental agreement with the Arizona Department of Transportation (ADOT)
for construction of the south ramps for Bethany Home Road at the Loop 101 . On May
24, 2005, the Council approved a Construction Manager at Risk agreement with Hunter
Contracting, Inc. to provide design support services for street improvements to 91st
Avenue, between Maryland and Missouri Avenues, and to Bethany Home Road,
between 91St Avenue and the Loop 101.
This project will improve circulation around the sports arena and football stadium.
The construction of Bethany Home Road between 91' Avenue and the Loop 101 is an
important component of the transportation system in this part of Glendale.
A public meeting was held on June 8, 2005 to present the project to the public.
Construction of this section of Bethany Home Road at this location is in the city's
Capital Improvement Program, Bethany Home — 83rd to 99th Avenue, Account No. 61-
8820-8100, and Bethany Home Road — 83`dto 99th, Account No. 33-9466-8100.
Authorizing staff to engage in negotiated acquisition backed by the eminent domain
process will help to minimize acquisition costs, while enabling the construction portion
of the project to stay on schedule.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager or his designee to execute all documents
necessary to effect the acquisition of the rights-of-way needed for the timely completion
of the construction of Bethany Home Road between 91" Avenue and the Loop 101.
Councilmember Lieberman said he does not see any prices for the rights-of-way
to be acquired, asking how they can approve the recommendation when they do not
know the price tag associated with the acquisition. Mr. Broyles said they would come
back to Council with information concerning the appraisal and negotiations for the right-
of-way and for approval of the dollar amounts, explaining they are asking to proceed
with the court actions and the filing of Friendly Condemnation papers so they can gain
access to the property and proceed with construction. Councilmember Goulet said,
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while he does not doubt that is the intent that is not what the recommendation says. He
agreed they need to proceed, stating, however, Council needs to be informed of the
cost involved in acquiring the right-of-way. Mr. Broyles confirmed they would come
back to Council after negotiations have taken place.
Mayor Scruggs stated neither of the two property owners was willing to sell their
properties. Mr. Broyles agreed. Mayor Scruggs asked if the condemnation is an
amicable arrangement. Mr. Broyles said they have talked to both of the property
owners and they understand the need to gain access to the property. He stated they
are willing to proceed with the friendly condemnation and will enter into negotiations for
the actual acquisition of the right-of-way. Mayor Scruggs commented on a previous
situation where the city intended to purchase one acre of land, but ended up owning 20
acres of land by the time the acquisition went through. She agreed the
recommendation should be clarified to say staff is recommending a resolution
authorizing the City Manager to enter into negotiations to reach a suggested price for
acquisition, which will then be reviewed by the City Council. Mr. Tindall agreed,
suggesting they modify the resolution by removing Sections Two, Three and Five. He
said the objective is to gain immediate possession of the property. Mayor Scruggs
expressed her opinion the entire resolution needs to be reworded; pointing out Section
4 authorizes the City Manager to bring condemnation action into a formal act on behalf
of the city to acquire title.
Councilmember Clark suggested they pass a resolution authorizing the City
Manager to enter into negotiations necessary to affect acquisition of right-of-way.
Mr. Tindall stated a voice resolution authorizing the City Attorney to proceed with
the appropriate condemnation actions to seek immediate possession of the property
could be made, with the purchase agreement brought back to Council at a later date.
Resolution No. 3872 was not passed.
It was moved by Clark, and seconded by Lieberman, to authorize the City
Attorney to proceed with Condemnation and seek immediate possession of the
property and the City Manager, or his designee, to enter into negotiations to
determine a purchase price for said property.
Mr. Tindall restated the motion, stating the City Attorney is instructed to seek
condemnation with the landowners and immediate possession of the land. He said the
City Manager is also authorized to enter into negotiations to establish the purchase
price for the right-of-way.
Mayor Scruggs asked if immediate possession means the city will own the
property. Mr. Tindall explained the property will be in the city's possession and the
process of widening Bethany Home Road can begin.
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In response to Councilmember Lieberman's question, Mr. Tindall stated once
they file a condemnation action they would ask for an order from the court to grant
immediate possession to the land so work can begin. He stated a fair market value
would be established through the condemnation process.
Councilmember Clark asked if the parties would be willing to stipulate during
negotiations that the city's taking immediate possession of a portion of their land for the
Bethany Home Road widening project in no way diminishes the value of the balance of
their land. Mr. Tindall stated that even if the parties entered into such stipulation it
would not be effective, explaining fair market value is driven by a number of different
factors. He also suggested widening Bethany Home Road would clears increase the
value of the land. Councilmember Clark agreed.
Councilmember Lieberman pointed out if the property is appraised at $9 million
and the city purchases it for $7 million, the property owners could write off the
remaining $2 million off their taxes over the next five years.
Councilmember Martinez stated that he understood the condemnation was
friendly at this point and asked what happens if the property owners disagree with the
appraisal. Mr. Tindall stated each party during the condemnation action will provide
their own appraisals and the issue of the value of the land would then be decided by the
court. He stated that an action of condemnation is only that and that there is no such
thing as far as the court is concerned as a "friendly" condemnation action; therefore, if
the parties disagreed, the city would have to decide if it wanted to proceed with
condemnation or to withdraw the action. Councilmember Martinez asked how the city
could back out if the property is needed to widen Bethany Home Road. Mr. Tindall said
the city could either proceed with the condemnation action arguing that point or agree to
a price the landowner sets. He pointed out many of the initial activities that will be
undertaken once the city takes possession of the land would be such that the city could
reasonable return the land to the current owner.
Councilmember Lieberman said, while he hopes it does not come down to it, the
Supreme Court just ruled the city has the right to condemn the land. Mr. Tindall
cautioned that the recent Supreme Court decision addressed laws pertaining to
eminent domain that may not be similar to Arizona law. He said that effect of the
Supreme Court ruling would have to carefully considered.
Upon a call for the question, the motion carried unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
14. REZONING APPLICATION (ZON05-03): DEMORE BUILDERS REZONING —
5043 WEST ORANGEWOOD AVENUE
Ms. Teresa Hillner, AICP, Senior Planner presented this item.
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This is a request by JM DeMore Builders for the City Council to approve rezoning
of the property located at 5043 West Orangewood Avenue from C-O (Commercial
Office) district to R1-6 (Single Residence).
The proposed rezoning is consistent with the Council goal of managing growth
and preserving neighborhoods.
The .59-acre site is located at the southeast corner of 51st and Orangewood
Avenues. The applicant is proposing to divide the 25,200 square foot lot into three
single-family lots, each approximately 6,000 square feet in size.
On June 16, 2005, the Planning Commission recommended approval of the
rezoning application subject to five stipulations.
The project promotes the development of vacant property and will stabilize an
established neighborhood.
The applicant sent out 39 notification letters for this project on February 2, 2005.
The applicant received one phone call inquiring about real estate opportunities in the
area.
A public notice for tonight's hearing was published in the Glendale Star on June
16, 2005. The property was posted and letters were mailed to 39 property owners on
June 17, 2005.
The recommendation was to conduct a public hearing and approve Rezoning
Application ZON05-03.
Councilmember Frate asked if the right-of-way on 51St Avenue and Orangewood
will be landscaped and who will be responsible for maintenance of the right-of-way. Ms.
Hillner explained dedication of right-of-way on 51st Avenue and Orangewood will be
required as part of the rezoning. She said the rights-of-way would be maintained by the
city.
Councilmember Lieberman said he strongly supports the request.
Mayor Scruggs opened the public hearing on Agenda Item No. 14. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Lieberman, and seconded by Frate, to approve Rezoning
Application ZON05-03. The motion carried unanimously.
15. REZONING APPLICATION (ZON05-02): NORTHWEST CORNER OF 75TH
AVENUE AND BETHANY HOME ROAD
Ms. Maryann Pickering, AICP, Senior Planner, presented this item.
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This is a request for the City Council to approve a rezoning request by WRG
Design, Inc. for the northwest corner of 75th Avenue and Bethany Home Road from R1-
6 PRD (Single Residence, Planned Residential Development) to R1-7 (Single
Residence).
The requested rezoning is consistent with the General Plan objective to
encourage a mixture of housing opportunities citywide with an emphasis on single-
family dwelling units.
The 59-acre site is located at the northwest corner of 75th Avenue and Bethany
Home Road. The applicant intends to build a single-family subdivision called Tessera.
The proposed subdivision includes 131 single-family lots at a density of 2.2 dwelling
units per gross acre. The minimum lot size is 9,375 square feet, the maximum lot size
is 20,454, and the average lot size is 11,173 square feet.
On June 16, 2005, the Planning Commission recommended approval of the
rezoning application subject to four stipulations.
The project promotes the development of vacant infill property and will provide
high-quality residential choices for the residents of Glendale.
On December 15, 2004, the applicant sent out 552 letters to neighbors and other
interested parties inviting them to a neighborhood meeting held on January 12, 2005.
Twenty people attended the meeting. Fourteen of those in attendance were local
residents interested in the project. Initial concerns included the following:
o Traffic - Specifically the proposed connection from the subdivision to 79th
Avenue. Residents are currently concerned with traffic and they do not want to
see an increase along 79th Avenue.
o Concern was expressed regarding the location of the proposed street on 79th
and its distance from Bethany Home Road. There was also discussion regarding
the proposed traffic signal at 79th Avenue and Bethany Home Road.
o Several questions were asked about the type of construction, prices, amenities,
timelines for construction/sales, etc.
o Some of those in attendance expressed their concern with the lots being sold to
another developer. Standard Pacific Homes noted that they will be the builder
and will not be selling the lots.
o Questions were raised about the impacts of the stadium and the cost of the
homes.
o There was also a discussion as to whether the proposed subdivision would be
gated or not.
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The residents, overall, supported the project provided that measures were taken
regarding traffic and the location of streets. In addition to those who attended the
neighborhood meeting, there were four telephone calls and two email messages
received. The comments received were similar to those discussed at the meeting. A
summary of each call and staff's response is included in the Citizen Participation Final
Report.
The recommendation was to conduct a public hearing and approve Rezoning
Application ZON05-02.
Mr. Mark Voigt, Applicant's representative, said they agree with staff's
recommendation.
Mayor Scruggs opened the public hearing on Agenda Item No. 15.
Mr. Tom Traw, a resident of the City of Glendale Yucca District, said he lives
approximately one mile from the subject property. He expressed his opinion the
Council and Mayor has raised the bar for development in the city, bringing many
amenities to the city. He said he believes the proposed project with its large lots will be
good for the area. He commented property values in the area have doubled over the
last 18 months to two years.
Mayor Scruggs closed the public hearing.
It was moved by Frate, and seconded by Martinez, to approve Rezoning
Application ZON05-02.
Councilmember Clark thanked the applicant for working diligently to satisfy many
of her personal concerns about the project.
Upon a call for the question, the motion carried unanimously.
16. REZONING APPLICATION (ZON05-05): 21750 NORTH 75TH AVENUE
Ms. Maryann Pickering, AICP, Senior Planner, presented this item.
This is a request for the City Council to approve a rezoning request by DevMan
Company for 21750 North 75th Avenue from A-1 (Agricultural) to C-O (Commercial
Office).
The C-O (Commercial Office) zoning designation is the most appropriate zoning
designation to implement the current General Plan designation of OFC (Office).
The 1.8-acre site is located at the southwest corner of 75th Avenue and Deer
Valley Road. The applicant intends to construct an approximately 15,000 square foot
dental office building that will be occupied by the owner dentists. The design of the
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proposed office is complementary to the surrounding residential uses and consistent
with the General Plan.
On June 16, 2005, the Planning Commission recommended approval of the
rezoning application subject to three stipulations.
The project promotes the development of vacant property and will provide dental
office services to this area of Glendale.
On April 8, 2005, the applicant sent out 521 letters to neighbors and other
interested parties inviting them to a neighborhood meeting on April 27, 2005 at Sierra
Verde Elementary School. No property owners or interested parties attended the
meeting, other than the Cholla District Councilmember. Several representatives of the
property owner and the applicant attended the meeting. Neither the applicant nor the
Planning Department received any written responses or telephone calls in response to
the mailing. The applicant did receive one telephone call in support of the request. The
Citizen Participation Final Report was provided to the Council in their packet.
The recommendation was to conduct a public hearing and approve Rezoning
Application ZON05-05.
Mayor Scruggs opened the public hearing on Agenda Item No. 16. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Martinez, and seconded by Frate, to approve Rezoning
Application ZON05-05.
Councilmember Martinez thanked Mr. Lewis for bringing the project forward;
stating it will compliment other properties in the area.
The motion carried unanimously.
17. PUBLIC HEARING — PROPOSED ANNEXATION NO. 156: 6485 NORTH 991"
AVENUE
Ms. Kate Langford, Senior Planner, presented this item.
This is a request for the City Council to conduct a public hearing on the blank
annexation petition for Annexation Area No. 156, as required by state statute.
Glendale 2025, the city's General Plan, includes specific goals addressing the
need for growth management. The Land Use Element, Goal 2 - "Promote Sound
Growth Management Methods" and the Growth Areas Element, Goal 3 - "Manage
growth to achieve reasonable, responsible urban development." Annexation is a tool
that can be used by the city to direct and manage growth.
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The 24.89-acre site is located at the southeast corner of 99th and Maryland
Avenues, west of the Loop 101 freeway. The Maryland overpass is located along the
northern boundary of this parcel.
The property owners of this parcel are requesting annexation. Currently, there
are no specific development plans for this site. If annexed into the city, the parcel will
be eligible for connection to city utilities and will receive city services. All development
that may occur on this parcel must comply with current City of Glendale development
standards and policies.
The blank annexation petition was recorded on June 13, 2005. This public
hearing is being conducted during the last 10 days of the 30-day waiting period required
by State Statute. Recording the blank petition is the first formal step taken in the
annexation process. The next step is to hold a public hearing. All property owners
within the area to be annexed have been notified by first-class mail. The proposed
annexation area has been posted in at least three conspicuous places and the public
hearing has been advertised in the Glendale Star.
Once the public hearing has been conducted and the 30-day waiting period
expires on July 13, 2004, signatures may be gathered. If a sufficient number of
signatures in favor of annexation are obtained, and these signatures represent the
required amount of valuation, then the City Council will be asked to consider the
adoption of an annexation ordinance.
The annexation of this 24.89-acre area would require that any future
development of this area meet the Glendale General Plan requirements as well as all
other development standards for the City of Glendale. This parcel is located in an area
of Glendale that is rapidly developing in response to the Glendale Arena, Westgate
development and the Cardinals Stadium activities.
This parcel also abuts the Maryland flyover that will be constructed to improve
access to and from the sports venues on the east side of the Loop 101 freeway and
could be a prime location for sales tax revenue generation.
The recommendation was to conduct a public hearing on the blank annexation
petition for Annexation Area No. 156 as required by state statute.
Councilmember Clark said the city typically requires a development agreement
when annexing undeveloped land so there is an understanding of the property owner's
intent for the property. She asked if the property owner has indicated any immediate
plans for the property. Ms. Langford said the property owner does not have any
immediate plans. She pointed out staff was not directed by Council to pursue a pre-
annexation agreement when the issue was previously discussed at a workshop session.
She confirmed the property owner is aware that the area is currently shown as
Business Park on the General Plan and zoning will come in at A-1. Councilmember
Clark expressed concern about the lack of a pre-annexation agreement. Ms. Langford
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explained staff brings all annexation requests to Council at a workshop to clarify
Council's desire with regard to pursuing a pre-annexation agreement.
Mayor Scruggs opened the public hearing on Agenda Item No. 17. As there
were no comments, Mayor Scruggs closed the public hearing.
No action was taken on Agenda Item No. 17.
The meeting recessed for a short break.
BIDS AND CONTRACTS
18. AWARD OF CONTRACT — 2005-06 RUBBERIZED 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) 2005-06 Rubberized Asphalt Overlay
Program.
This project supports the Council's goal of ensuring public safety and awareness.
The Council supports proper maintenance of the city's streets, which maximizes their
serviceable life.
The city utilizes a pavement management system to track the condition of the
existing streets and prioritize the needed reconditioning and repairs. The FY05-06
Asphalt Overlay Program is required to recondition deteriorated streets, repair the
damage resulting from construction of public and private utility lines, and improve
arterial, collector, and residential streets throughout the city. The base bid will provide a
rubberized asphalt concrete overlay on approximately four and one half miles of arterial
streets, one and one half miles of collector streets and one half square miles of
residential streets. The arterial streets include 83rd Avenue from Bethany Home Road
to Glendale Avenue, 67th Avenue from Olive to Peoria Avenues, Glendale Avenue from
67th to 75th Avenues, 59th Avenue from Bethany Home Road to Glendale Avenue and
Brown Street to Sunnyside Drive, and the intersection of 51st and Peoria Avenues. The
collector streets include 63rd Avenue from Greenway to Bell Roads, and from Bethany
Home Road to Maryland Avenue, and 49th Avenue from Peoria Avenue to Cholla
Street. Residential streets include the area from 67th to 73rd between Missouri Avenue
and Bethany Home Road, and 51St to 53rd Avenues between Ironwood Drive to Beryl
Avenue. The base bid doubles the amount of roadways being overlaid from last year,
due to the additional funds the Council added to the program during this year's budget
cycle.
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On June 9, 2005, five bids were received and opened, with FNF Construction,
Inc., a qualified licensed contractor, submitting the lowest base bid in the amount of
$2,342,455. Staff is recommending award of the base bid only.
This year's overlay program provides the community with over 16 miles of
reconditioned roadways and reduced maintenance.
Funds for this project are included in the FY05-06 Street Maintenance Operating
Budget, Pavement Management, Account No. 12-6232-7330.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $2,342,455
Account Name, Fund, Account and Line Item Number:
Pavement Management, Account No. 12-6232-7330
The recommendation was to award the contract to FNF Construction, Inc. in the
amount of $2,342,455, for the construction of the Fiscal Year 2005-06 Rubberized
Asphalt Overlay Program.
Councilmember Martinez asked about an area in his district that is supposed to
be scheduled for an overlay next year. Mr. Broyles said the streets mentioned are only
those to be overlaid in this year's program.
Mayor Scruggs asked if the rubberized asphalt/concrete mixture referenced in
the contract is the same product used by ADOT on the freeways. Mr. Broyles
responded yes. He noted the city has used overlay asphalt on existing streets since
1992; however, newly constructed roads use a super-pave mixture. Mr. Reedy clarified
asphaltic concrete is made out of asphalt and rocks and, in some cases, rubber,
whereas Portland cement concrete is used to make freeways. He said the rubberized
asphalt overlay improves ride-ability and reduces noise. Mayor Scruggs asked what the
decibel difference is between rubberized asphalt and asphaltic concrete. Mr. Reedy
said only 1 to 1.5 decibels. He stated, by contrast, the decibel difference between a
concrete freeway and rubberized asphalt is five to six decibels. He noted rubberized
asphalt also helps improve a person's ability to stop on the roadway.
It was moved by Eggleston, and seconded by Frate, to award the contract
to FNF Construction, Inc. in the amount of $2,342,455, for the construction of the
Fiscal Year 2005-06 Rubberized Asphalt Overlay Program.
Councilmember Lieberman commented the amount and number of roads are
double those of last year.
Upon a call for the question, the motion carried unanimously.
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19. AWARD OF CONTRACT - OLIVE AVENUE STORM DRAIN, 515T TO 47TH
AVENUES
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to award a construction contract to C.S.&W.
Contractors, Inc. for the construction of the Olive Avenue storm drain between 51st and
47th Avenues.
This project supports the Council goal of ensuring public safety and improving
the quality of life for the citizens of Glendale.
Olive Avenue has experienced street flooding for several years during periods of
intense rainfall. This problem is most severe at the intersection of 47th and Olive
Avenues due to the lack of a storm drain pipe to receive and move the water away from
the street. This project will extend the existing storm drainpipe east, from the 51st
Avenue intersection to 100 feet east of 47th Avenue.
On June 16, 2005, five bids were received and opened, with C.S.&W.
Contractors, Inc. a qualified licensed contractor, submitting the lowest bid in the amount
of $1,090,169.38. The bid was above the engineer's estimate due primarily to the
increase in the material cost of the concrete pipe. The Engineering Department
reviewed the bids and determined that the costs are reflective of the current market.
On May 25, 2004, the Council awarded the Olive Avenue Storm Drain Project
design and construction administration contract to AMEC Infrastructure, Inc.
Construction of the new storm drain will relieve the flooding currently
experienced at the intersection of 47th and Olive Avenues.
Funds for this project are available and included in the Fiscal Year 2005-06
Capital Improvement Program in Collector Drains, Account No. 65-9302-8300.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,090,169.38
Account Name, Fund, Account and Line Item Number
Collector Drains, Account No. 65-9302-8300
The recommendation was to award the construction contract to C.S.&W.
Contractors, Inc. in the amount of $1,090,169.38.
It was moved by Lieberman, and seconded by Martinez, to award the
construction contract to C.S.&W. Contractors, Inc. in the amount of$1,090,169.38.
The motion carried unanimously.
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ORDINANCES
20. UPDATE SIGNATURE AUTHORIZATION
Mr. Ray Shuey, Chief Financial Officer, presented this item.
This is a request for the City Council to approve an ordinance updating the city's
signature authority for bank withdrawals or checks. These authorizations need to be
periodically updated due to changes in organization structure. It is recommended that
the following individuals be authorized signers, effective immediately:
Name Position Signature Authorization
Ed Beasley City Manager City Manager
Pamela Kavanaugh Assistant City Manager City Manager
Pam Hanna City Clerk City Clerk
Raymond H. Shuey Chief Financial Officer City Treasurer
Horatio Skeete Deputy City Manager Deputy City Manager
Cathy Gorham Director of City Director of City
Manager Relations Manager Relations
In addition, the city will have the two signatures as required for all checks over
$50,000. The Assistant City Manager's signature is imprinted by machine and the
second signature is signed on the check by hand.
This ordinance will authorize the city's bank to honor the above signatures on
electronic fund transfers, checks and drafts. The ordinance also re-affirms the authority
of the following signatories pertaining to the other activities of the city.
SUPERINTENDENT SIGNATURES
Name Position Signature Authorization
Ken Reedy Deputy City Manager, Superintendent of Streets
Public Works
Larry Broyles City Engineer Assistant Superintendent of Streets
The recommendation was to waive reading beyond the title and adopt the
ordinance updating signature authority.
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Ordinance No. 2450 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 DESIGNATED OFFICERS TO DEPOSIT CITY
FUNDS IN DESIGNATED BANK; DIRECTING SAID BANK TO RECOGNIZE THE
SIGNATURES OF SAID OFFICERS ON ELECTRONIC FUND TRANSFERS, CHECKS
FOR DEPOSIT AND/OR WITHDRAWAL; AND DECLARING AN EMERGENCY.
It was moved by Goulet, and seconded by Frate, to approve Ordinance No.
2450 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.
21. PROPERTY EXCHANGE: SOUTHEAST CORNER OF 54TH AVENUE AND
SKUNK CREEK
Ms. Rebecca Benna, Parks and Recreation Director, presented this item.
This is a request for the City Council to authorize the city to exchange a small
tract of land with Ramon J. Leon on the southeast corner of 54th Avenue and Skunk
Creek. The exchange is necessary for improved line of sight and use of the trail.
Exchange and development of this land supports the Council priority of ensuring
public safety.
Mr. Leon purchased the residential property at the southeast corner of 54th
Avenue and Skunk Creek in 2004 and replaced the rail fence with a block wall. The
block wall obscures the view of 54th Avenue, causing a line of sight concern for
westbound recreational users of the south Skunk Creek Linear Park Trail.
Staff and Mr. Leon discussed the safety issue and agreed to exchange a line-of-
sight triangle shaped parcel of land for an adjacent interior triangle shaped parcel of
land. Staff determined that a triangle, 100-feet by 12-feet, was necessary for a line-of-
sight to 54th Avenue for the westbound recreational users of Skunk Creek Linear Park
Trail. Mr. Leon determined that an approximate 60-feet by 20-feet triangle shaped
parcel of Skunk Creek Linear Park Trail would also meet his needs. The aerial map
presented to the Council depicts the locations of the exchanged properties. Parcel "A"
represents the resident's property to be exchanged to the city, and Parcel "B"
represents the city property to be exchanged to the resident.
Mr. Leon is interested in exchanging property with the city, provided that the city
relocates and constructs certain improvements. These items include:
• Demolition and removal of the existing block wall and footings
• Reconstruction of approximately 150-linear feet of footings
• Construction of a block wall eight feet in height and approximately 150
feet in length
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• Finishing the exterior walls with stucco and paint — approximately 1,900 sq
feet
Funds for the proposed improvements as part of the property exchange are
available in Skunk Creek Account No: 35-8523-8300.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $26,538.55
Account Name, Fund, Account and Line Item Number:
Skunk Creek Account No: 35-8523-8300
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute all documents necessary to
accomplish the property exchange.
Ordinance No. 2451 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 A PROPERTY EXCHANGE WITH RAMON J.
LEON FOR AN IMPROVED LINE OF SIGHT AND USE OF THE SKUNK CREEK
LINEAR PARK TRAIL LOCATED ON THE SOUTHEAST CORNER OF 54TH AVENUE
AND SKUNK CREEK; AND ORDERING THAT A CERTIFIED COPY OF THIS
ORDINANCE BE RECORDED.
Councilmember Martinez thanked Mr. Leon for working with staff to eliminate the
safety hazards.
It was moved by Martinez, and seconded by Clark, to approve Ordinance
No. 2451 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.
22. DEEDS AND EASEMENTS ORDINANCE
Mr. Craig Tindall, City Attorney, presented this item.
This is a request for the City Council to formally accept real estate properties on
behalf of the City of Glendale.
The Deeds and Easement Ordinance is compiled of properties that have been
deeded to the city. The City Clerk has recorded these deeds with Maricopa County.
However, as a matter of practice, the City Council formally accepts these properties by
ordinance.
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The recommendation was to waive reading beyond the title and adopt an
ordinance formally accepting the real estate properties on behalf of the City of
Glendale.
Ordinance No. 2452 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 Martinez, and seconded by Frate, to approve Ordinance
No. 2452 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.
PUBLIC HEARING — RESOLUTIONS
23. ANNEXATION POLICY AMENDMENTS
Ms. Kate Langford, Senior Planner, presented this item.
This is a request for the City Council to conduct a public hearing and adopt a
resolution amending the Annexation Policy.
Amending the Annexation Policy to reflect recent Council direction supports the
promotion of sound growth management methods.
In 1977 and 1978, the city created boundaries outlining an area referred to as
the strip annexation area. The entire strip annexation area is approximately 35 square
miles in size and is generally bounded by Peoria and Northern Avenues on the north,
115th Avenue on the east, Bethany Home and Camelback Roads on the south, and
Perryville Road on the west.
On December 16, 2003, the City Council adopted the existing annexation policy.
The Council recently concluded four workshops, focusing discussions on the
future disposition of the far western portion of the city referred to as the strip annexation
area. The workshops occurred on December 7 and 21, 2004, continued on January 18,
2005, and concluded with a special half-day Saturday discussion on February 12, 2005.
The main impetus for this workshop series stemmed from the need to develop a
definitive policy for this far western portion of the city's municipal planning area.
As a result of the workshop series, Council established a clear statement of
Glendale's intent for this area, as well as other areas where County islands exist, and
provided guidance regarding provision of water and sewer services.
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Amending the existing Annexation Policy is necessary to:
• Indicate "who" will provide water and sewer service beyond the city's existing
service area boundary.
• Include an emphasis area for the Loop 303 Corridor.
• Eliminate annexation requests being identified as either a Category One (east
of 115th Avenue) or Category Two (west of 115th Avenue). These categories
no longer exist per Council direction on February 12, 2005. There are just
two types of annexation requests — undeveloped and developed.
The Council considered the proposed amendments to the policy document
during workshop discussions held on April 12, 2005. Direction was provided to staff to
bring the amended policy document forward for formal consideration at a regular
business meeting.
Detailed information will be provided to staff, residents, and other interested
property owners regarding the city's annexation policy.
The recommendation was to conduct a public hearing, waive reading beyond the
title and adopt a resolution approving the amendments to the Annexation Policy.
Councilmember Lieberman noted the Council agreed a year ago that they would
not set one standard or price for all individual properties to be annexed. He asked if the
proposed amendments affect that decision in any way. Ms. Langford said part of the
process outlined in the annexation policy requires each annexation request to be
presented to City Council at a workshop for direction on whether or not to proceed with
the annexation. She said the only fees included in the policy relate to developed areas.
Resolution No. 3874 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 "ANNEXATION POLICY FOR THE CITY OF
GLENDALE"; AND SETTING FORTH AN EFFECTIVE DATE.
Mayor Scruggs opened the public hearing on Agenda Item No. 23. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Frate, and seconded by Martinez, to pass, adopt and
approve Resolution No. 3874 New Series. The motion carried unanimously.
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REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Clark, to hold a City Council
Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday,
July 19, 2005, to be followed by an Executive Session pursuant to A.R.S. 38-
431.03, The motion carried unanimously.
CITIZEN COMMENTS
Mr. Duke Wellington, a resident of the City of Glendale, reported people are
going through the openings in the speed humps on Paradise Lane. He said many
vehicles avoid the speed humps all together by using Sherry Jean at speeds as high as
40 miles per hour. He stated the new Police officers that have been hired would, for the
most part, only serve to fill already existing vacancies. He asked if the Fire Department
is also understaffed. He said the Council looks for new lands to draw in new tax
revenue, but they need to look at the citizenry that already lives in Glendale.
Ms. Ann Traw, a resident of the City of Glendale Yucca District, said she lives
across the street from the new Western Area Regional Park. She stated part of the
park was finished a year ago and the water feature was recently completed. She said,
however, many people are moving into the western area of Glendale and Phase II of
the park should be given a high priority.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark congratulated the Parks and Recreation Department for
putting on a very fine 4th of July celebration. She also commended the department
responsible for the traffic plan to leave the event, noting she was home in 20 minutes.
Councilmember Martinez stated free CPR classes are available, pointing out
over 500 residents have participated in the classes over the past two years.
Councilmember Frate stated the DUI Task Force that took place July 3 and 4
involved 27 officers from six west valley cities. He stated they made 227 contacts and
16 arrests for Extreme DUI, two arrests for Aggravated DUI, two arrests for Underage
DUI and 39 misdemeanor arrests. He noted the cost for a first time conviction of driving
under the influence is $950, a second time offender faces a $1,250 surcharge on top of
the other fines, and the fine for an Extreme DUI conviction is $1,700. He said,
fortunately, no serious collisions occurred. He stated the next Water Walk would take
place on July 28 originating at St. Helen's Church. He urged everyone to watch
children around water.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 10:45 p.m.
,,. I. �2_.
-am-61a Hanna - City Clerk
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