HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/10/2006 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JANUARY 10, 2006, 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 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 three resolutions and two
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.
Mayor Scruggs introduced and welcomed John Mason, Ben Cook, Ryan Lord
and Justin Leihi from the Sunburst Thunderbird Scout District Unit 754.
APPROVAL OF THE MINUTES OF THE DECEMBER 27, 2005 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the December 27, 2005 regular City Council meeting, as
each member of the Council had been provided copies in advance, and approve
them as written. The motion carried unanimously.
PROCLAMATIONS AND AWARDS
DR. MARTIN LUTHER KING, JR. UNITY DAY
This is a request for the City Council to proclaim January 13, 2006 as Dr. Martin
Luther King, Jr. Unity Day. This day of significance is a time for all of our citizenry to
unite to strengthen our community's commitment to the legacy of Dr. Martin Luther
King, Jr.
The Dr. Martin Luther King, Jr. Unity Day augments the Council's strategic goals
of enhancing the quality of life for Glendale residents by taking time to reflect on the
positive contributions in our community, reflecting on our commonalties, and respecting
our differences.
Dr. Martin Luther King, Jr. was born January 15, 1929 in Atlanta, Georgia. Dr.
Martin Luther King, Jr. worked for racial equality in the United States of America.
During the 1950's, Dr. King became active in the movement for civil rights and racial
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equality. He participated in the Montgomery, Alabama bus boycott and many other
peaceful demonstrations that helped create better treatment for Americans. Because
of his commitment to racial equality, he was awarded the Nobel Peace Prize in 1964.
Dr. Martin Luther King, Jr. and his legacy helped to build bridges and mend
relationships.
The Dr. Martin Luther King, Jr. Unity Day demonstrates our commitment towards
creating a society that is more just, peaceful, and understanding.
The recommendation was to proclaim January 13, 2006 as Dr. Martin Luther
King, Jr. Unity Day in Glendale, Arizona.
Mayor Scruggs proclaimed January 13, 2006 as Dr. Martin Luther King, Jr.
Unity Day in Glendale, Arizona.
Bishop Henry Barnwell thanked the Mayor and Council for joining in the
observance of Dr. Martin Luther King, Jr. Unity Day. He noted Arizona is the only state
that observes the Dr. Martin Luther King holiday.
BOARDS AND COMMISSIONS
This is a request for the City Council to approve the recommended appointments
to the following boards and commissions that have a vacancy or expired term and for
the Mayor to administer the oath of office to those appointees in attendance.
Effective Date Expiration Date
Board of Adjustment
Merry Lutz Mayoral Appointment 01/10/2006 06/30/2008
(Barrel)
Citizens Bicycle Advisory Committee
Charles Grosscup At-Large Re-appointment 01/14/2006 01/14/2008
(Barrel)
J. Michael Wood At-Large Re-appointment 01/16/2006 01/16/2007
(Barrel)
Brian E. Kanitsch Sahuaro Re-appointment 02/05/2006 02/05/2008
Brian E. Kanitsch Sahuaro Vice Chair 03/04/2006 03/04/2007
Appointment
Morris Russell Cactus Re-appointment 02/05/2006 02/05/2008
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Jeffrey L. Reid At-Large Re-appointment 03/05/2006 03/05/2008
(Barrel)
Betsy Turner Yucca Appointment 01/10/2006 02/04/2007
(Barrel)
Commissions On Persons With Disabilities
Elliot Abramowitz Ocotillo Re-appointment 02/27/2006 02/27/2008
Jo Ann J. Caufield Cholla Re-appointment 02/27/2006 02/27/2008
Jo Ann J. Caufield Cholla Chair 02/26/2006 02/26/2007
Appointment
Kathe Neyer Barrel Vice Chair 02/26/2006 02/26/2007
Appointment
Historic Preservation Commission
Ruth Byrne At-Large Appointment 01/10/2006 04/13/2008
(Barrel)
Gail K. Long At-Large Appointment 01/10/2006 04/13/2007
(Mayoral)
Parks & Recreation Advisory Commission
Sara Berry At-Large Appointment 01/10/2006 05/27/2007
(Teen)
Loric Robert Harding At-Large Appointment 01/10/2006 05/27/2007
(Teen)
Ted Hansen Cholla Re-appointment 04/09/2006 04/09/2008
Ted Hansen Cholla Chair 02/26/2006 02/26/2007
Re-appointment
Planning Commission
Michelle Tennyson Mayoral Appointment 01/10/2006 03/25/2008
(Cholla)
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Public Safety Personnel Retirement System/Police Board
John Wolfe Appointment 01/10/2006 07/01/2008
The recommendation was to make appointments to the Boards and
Commissions and administer the Oaths of Office.
It was moved by Martinez, and seconded by Frate, to appoint Merry Lutz to
the Board of Adjustment; Charles Grosscup, J. Michael Wood, Brian E. Kanitsch,
Morris Russell, Jeffrey L. Reid, and Betsy Turner to the Citizens Bicycle Advisory
Committee; Elliot Abramowitz, Jo Ann J. Caufield, and Kathe Neyer to the
Commission on Persons with Disabilities; Ruth Byrne and Gail K. Long to the
Historic Preservation Commission; Sara Berry, Loric Robert Harding, and Ted
Hansen to the Parks & Recreation Advisory Commission; Michelle Tennyson to
the Planning Commission; and John Wolfe to the Public Safety Personnel
Retirement System/Police Board, for the terms listed above. The motion carried
unanimously.
Mayor Scruggs issued the oath of office to those appointed to the various
Commissions and Boards.
CONSENT AGENDA
Ms. Pam Kavanaugh, Assistant City Manager, read Agenda Item Numbers 1
through 9 and Ms. Pamela Hanna, City Clerk, read consent agenda resolutions
numbers 10 through 12 by number and title.
1. LIQUOR LICENSE NO. 3-1025 — SPENCER'S
This is a request by LaVern Tucker for the City Council to approve a Series 7
(On/Off-Sale Retail-Beer & Wine Bar) liquor license for Spencer's, located at 5626
West Bell Road, #101.
The new owner is requesting transfer of this license, and is concurrently applying
for a Series 12 (restaurant-all liquor) license under separate application. The applicant
intends to sell the Series 7 liquor license and operate as a restaurant.
The approval of the transfer of this Series 7 license will not increase the total
number of liquor licenses in this area. The previous owner held a Series 7 liquor
license at this location.
The establishment is over 300 feet from any school or church. The City of
Glendale Planning Department, the City of Glendale Police Department, and the
Maricopa County Health Department reviewed the application and determined it meets
all technical requirements.
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No protests were received during the 20-day posting period.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control for Liquor License Number 3-1025.
2. LIQUOR LICENSE NO. 3-1028 — SPENCER'S
This is a request by LaVern Tucker for the City Council to approve a new Series
12 (Restaurant — all liquor) liquor license for Spencer's, located at 5626 West Bell
Road, #101.
The new owner is requesting transfer of a Series 7 liquor license, and is
concurrently applying for a Series 12 (restaurant-all liquor) license under separate
application. The applicant intends to sell the Series 7 liquor license and operate as a
restaurant.
The approval of this new Series 12 license will increase the total number of liquor
licenses in this area by one. The previous owner held a Series 7 liquor license at this
location.
The establishment is over 300 feet from any school or church. The City of
Glendale Planning Department, the City of Glendale Police Department, and the
Maricopa County Health Department reviewed the application and determined 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 for Liquor License Number 3-1028.
3. LIQUOR LICENSE NO. 3-1026 — SOMER MARKET
This is a request by Ramzi Elia for the City Council to approve a new series 10
(Beer and Wine Store) license for Somer Market, located at 4935 West Glendale
Avenue.
The approval of this license not will increase the total number of liquor licenses in
this area. The previous owner held a series 10 liquor license at this location.
The establishment is over 300 feet from any school or church. The Planning
Department, Police Department, and the Maricopa County Health Department have
reviewed the application and have determined that it meets all technical requirements.
No protests were received during the 20-day posting period.
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The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control for Liquor License Number 3-1026.
4. LIQUOR LICENSE NO. 3-1027 — NAKED TRUTH BAR & GRILL
This is a request by Jeffery Jones for the City Council to approve a new series 7
(On/Off-Sale Retail-Beer & Wine Bar) liquor license for Naked Truth Bar & Grill, located
at 5060 West Bethany Home Road, #18.
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 City of
Glendale Planning Department, the City of Glendale Police Department, and the
Maricopa County Health Department reviewed the application and determined 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 for Liquor License Number 3-1027.
5. SPECIAL EVENT LIQUOR LICENSE FOR SAINT JOHN OF THE DESERT
This is a request by Father Peter Boutros for the City Council to approve a
special event liquor license for Saint John of the Desert. This event is a Church
Dedication Dinner for Saint John of the Desert, which will be held at Saint Helen's,
located at 5510 West Cholla Street on Sunday, January 15, 2006 from 6 to 10 p.m.
If this license is approved, the total days expended by this applicant will be one
of the allowed 10 days this year.
Under the provisions of Arizona Revised Statutes Sec. 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward a recommendation for approval to the
Arizona Department of Liquor Licenses and Control for this special event liquor license
for Saint John of the Desert.
6. PROFESSIONAL SERVICES AGREEMENT — 715T AND ORANGEWOOD
AVENUES PARKS IMPROVEMENTS
This is a request for the City Council to approve a professional services
agreement with the engineering firm HDR, Inc. for design and construction
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administration services for Phase I of the future community park at 71st and
Orangewood Avenues.
The development of this park is consistent with Council strategic priorities of
enhancing the quality of life for Glendale residents and projecting a positive image of
Glendale. The development of the park is also consistent with the Parks and
Recreation Master Plan, which was adopted by the Council in 2002.
In 1987, the Flood Control District of Maricopa County (FCDMC) conducted an
Area Drainage Master Study (ADMS) for the West Valley. Included in the report was a
recommendation to design and construct several drains, retention, or detention basins
along Orangewood Avenue from 67th Avenue to New River. In May of 1994, the city
entered into an intergovernmental agreement (IGA) with the FCDMC for the west side
flood control project. The IGA authorized the FCDMC to design and construct a flood
control basin along Orangewood Avenue. Once the project was complete, the site
would be turned over to the city to maintain and become a city park.
The flood control basin located at the northeast corner of 71st and Orangewood
Avenues was originally planned to be 38 acres in size. After further analysis, the
FCDMC determined it only would need approximately 22 acres for retention. As a
result, in March of 2000, the city purchased the remaining 16.22 acres of the 38-acre
site. The 22-acre basin for retention was later deeded from FCDMC to the city in
November of 2002, giving the city the full 38 acres. This will allow the city to develop a
community park, that includes amenities such as multi-purpose football/soccer fields
with lights, play equipment, basketball and volleyball courts, ramadas, pedestrian
pathways, and open turf areas.
The Parks and Recreation Master Plan identified the 38-acre property as a future
community park. Due to the growth in the surrounding neighborhood and the funds
currently available in the Capital Improvement Plan, the Parks and Recreation
Department is proceeding with Phase I of the park.
Phase I of this project will include developing five acres of the northwest section
of the property, and will include neighborhood park amenities, such as play structures,
ramadas, and sports courts. The neighborhood park will serve the immediate needs of
the surrounding neighborhood. Future phases of the park development will include the
construction of lighted multi-purpose fields and other amenities consistent with a
community park.
In May of 1994, the Council authorized the IGA with the FCDMC. In March of
2000, the Council approved the purchase of the 16.22 acres. In November of 2002, the
Council approved the deed transfer from the FCDMC for the remaining 22 acres.
The development of Phase I of the park will help the city meet the standard level
of service of providing a neighborhood park within every residential square mile as
recommended in the Parks and Recreation Master Plan. The park will provide
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neighborhood recreation amenities currently not available in the service area and
further the city's commitment to providing quality of life opportunities for all residents.
The consultant and city staff conducted an initial public meeting on July 14,
2005. Notices were mailed to all residents in a two square mile radius of the park.
Based on public input from this meeting, a preliminary master plan was developed.
HDR presented the preliminary master plan at the second public meeting to a small
group of neighbors, which was held on September 15, 2005. Future public meetings
will be held to gain input on additional amenities for the remainder of the community
park.
Funds for this project are available in the City Council approved Fiscal Year
2006-2015 Capital Improvement Plan Development Impact Fees.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $123,755
Account Name, Fund, Account and Line Item Number
DIF-Citywide Parks, Park Development— 71St/Orangewood, (80-8933-8300)
The recommendation was to approve a professional services agreement with
HDR, Inc. in an amount not to exceed $123,755.
7. AWARD OF CONTRACT — ORANGE GROVE ESTATES AND SKYVIEW
WEST I NEIGHBORHOOD WALL IMPROVEMENTS
This is a request for the City Council to award a contract to Niche Contracting,
Inc., in an amount not to exceed $728,724.62, to construct an eight-foot masonry wall
along the perimeter of the Orange Grove Estates and Skyview West I neighborhoods.
As part of its commitment to revitalizing and preserving older neighborhoods, the
Council established the Neighborhood Grants Program and the Citizens' Advisory
Commission on Neighborhoods to make funding recommendations on neighborhood
enhancements and revitalization projects. The perimeter wall improvements proposed
for the Orange Grove Estates and Skyview West I neighborhoods are consistent with
the policies of the Neighborhood Grants Program as established by the Council and
support the implementation of goals and objectives relating to the Neighborhood
Element of the General Plan.
The Skyview West I Neighborhood Association received neighborhood grant
awards in the Fall of 2004 and the Spring of 2005 for the construction of a perimeter
wall along the south side of Bethany Home Road, between 69th and 71St Avenues.
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The Orange Grove Estates Neighborhood Association received a neighborhood
grant award in the Fall of 2002 for the construction of a perimeter wall along the east
side of 67th Avenue, extending north from the main entrance of the mobile home park to
Butler Drive. As a result of the new Grand Avenue overpass located at 67th and
Northern Avenues, the Arizona Department of Transportation (ADOT) is responsible for
constructing a perimeter wall along the east side of 67"' Avenue, extending south from
the main entrance of the mobile home park to just north of Royal Palm Road.
The north and south portions of the wall have been combined as one project and
will be managed by the city's Engineering Department. ADOT has transferred funds to
the city for construction costs associated with the south portion of the perimeter wall.
On December 8, 2005, the Engineering Department received and opened two
bids for the Orange Grove and Skyview West I Neighborhood Wall Improvements.
Niche Contracting, Inc., a qualified licensed contractor, submitted the lowest bid in the
amount of$728,724.62.
Both neighborhoods are located adjacent to highly traveled roadways. The
proposed wall construction will result in great visual improvements to both
neighborhoods and improve the neighborhood quality of life in the surrounding areas.
There has been public input for each of these projects. The Council approved
funding for both the Skyview West I and Orange Grove Estates Neighborhood Wall
Improvements, based on recommendations made by the Commission on
Neighborhoods, after a series of neighborhood grants hearings in 2004 and 2005.
Additionally, at the time when the Grand Avenue enhancements were designed by
ADOT, several public input and design sessions were conducted.
Funds in the amount of $498,016.80 are available in the Neighborhood
Improvement Grant Account and funds in the amount of $230,707.82 are available in
the Grand Avenue Beautification Account.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $728,724.62
Account Name, Fund, Account and Line Item Number:
Neighborhood Improvement Grant Account No. 01-4420-7330
Grand Avenue Beautification Account No. 31-8990-8330
The recommendation was to award the construction contract to Niche Contracting,
Inc. in the amount of $728,724.62.
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8. AWARD OF PROPOSAL 05-41, PROPERTY INSURANCE AND BROKER
SERVICES
This is a request for the City Council to authorize the Award of Proposal 05-41 in
an amount not to exceed $195,000 to Driver-Alliant Resources Group for broker
services and property insurance. Driver-Alliant would represent the city in obtaining
insurance protection for all lines of insurance coverage, excluding employee benefits.
The annual cost for broker services and property coverage is $195,000.
This request promotes the Council goal of providing financial stability through an
enhanced property insurance program tailored for public entities. Blanket policy limits
available to the city, effective January 26, 2006, will increase from $100 million to $1
billion per loss occurrence at premium cost savings of$162,251.
Driver-Alliant was founded in 1925 and represents over 6,000 public entity clients
in 28 states. The services of an insurance broker are required in order to access
insurance protection for city property and liability exposures. Proposals were requested
for property insurance and broker services and the city received four offers. The
recommended broker provided the broadest protection, at the least cost, for the lowest
fee. This broker will also assist the city in procuring liability, excess workers'
compensation, airport and other insurance coverage as these other policies expire
during the year.
Previous broker services were provided by Marsh, Inc. utilizing Travelers-St. Paul
and Fireman's Fund as the property insurance carriers.
Approval of this action will provide better insurance protection of public property
against loss at a savings to the taxpayers of $162,251.
The annual cost for this portion of coverage and service is $195,000. As new
city structures are constructed and added to the insurance policy, premiums will
increase. The past year's property insurance premium and broker fees were $357,251,
thus we are seeing a savings of$162,251.
Grants _ Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $195,000
Account Name, Fund, Account and Line item Number:
Account # 7330-76-1435 Risk Management Trust Fund
The recommendation was to award the proposal for insurance broker services
and property insurance to Driver-Alliant Resources Group, utilizing their Public Entity
Property Program, in an amount not to exceed $195,000.
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9. AWARD OF PROPOSAL 05-28, PLAN REVIEW SERVICES
This is a request for the City Council to authorize the Award of Proposal 05-28 in
an amount not to exceed $100,000 to Harris and Associates for professional plan
review services on an "as required" basis for the Building Safety Department.
Contractual plan review services support Council goals of coordinating
exceptional service delivery for citizens and customers by ensuring that the city meets
plan review deadlines.
On August 18, 2005, a solicitation was issued to request proposals for three
different services: residential property, non-residential property, and structural plans
review services. Eight proposals were received. A committee, consisting of members
from the Building Safety department and Fire department reviewed the proposals.
Specific evaluation criteria included capabilities of firm and staff, cost, approach to
project, and references. Three separate lots were reviewed and scored based upon the
criteria. The offeror scoring the highest for all three services was Harris and
Associates. If approved by the City Council, a term agreement will be issued for one
year. The proposal specifications contain an option clause that will permit the City, at
the discretion of the City Manager, to extend this agreement in one-year increments for
an additional four years.
Contractual plan review services provides the city with the flexibility to send
construction plans to an outside agency for review when the plan review workload is
high or the project's schedule is compressed, allowing the city to meet review
deadlines.
Total contractual services are not to exceed $100,000. Funds are available in
Westgate Professional & Contractual Account No. 01-5217-7330. Plan review fees
collected during the review process will be deposited to the General Fund and are
anticipated to cover the costs associated with the contractual services.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $100,000
Account Name, Fund, Account and Line Item Number
Westgate-Professional & Contractual Account No. 01-5217-7330
The recommendation was to award Proposal 05-28 for professional plan review
services on an "as required" basis to Harris and Associates in an amount not to exceed
$100,000.
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CONSENT RESOLUTIONS
10. FISCAL YEAR 2005 HISTORIC PRESERVATION HERITAGE GRANT
APPLICATION
This is a request for the City Council to approve an Historic Preservation
Heritage Grant application for weatherization and stabilization of four contributing
properties within the Floralcroft Historic District and to accept the grant, if awarded.
On May 28, 2002, the Council adopted the General Plan with voter ratification on
November 5, 2002, and effective date on December 1, 2002. The General Plan
Redevelopment Element encourages historic structure preservation for the City Center
planning area since historic preservation is an integral component of city redevelopment
and revitalization efforts. The Urban Design Strategy of the City Center Master Plan,
adopted by the Council on July 23, 2002, urges the preservation of historical landmarks.
On October 21, 2005, the Floralcroft Historic District was recommended to be
placed on the State and National Register of Historic Places by the State Historic
Preservation Site Selection Committee. The Floralcroft Historic District is an
outstanding example of historic preservation for the community and the State of
Arizona. The historic district has 52 contributing properties and six non-contributing
properties, which meet the criteria for nomination to the National Register of Historic
Places due to age, integrity, and significance.
The Arizona State Parks is responsible for the administration of the historic
preservation portion of the Heritage Fund. These grants are for historic preservation
projects for resources that are on, or eligible for, the State and National Register.
Eligible activities by Heritage Fund include foundations, structural elements, roof
repair or replacement, exterior doors, and window repair or replacement. Four
contributing properties in the Floralcroft Historic District would have weatherization and
stabilization repairs or replacement. There will be educational projects of a display and
brochure to inform the participants and the community about Floralcroft's historic
preservation efforts and the importance and benefits of preserving Glendale's historic
resources. There would also be a self-guided downtown tour using bronze National
Register plaques, bronze interpretative plaques, and boundary signs with a tour map
including the Catlin Court Historic District. The total project cost is $116,904. The grant
request is for $57,009 and a match of $59,895 consisting of a combination of cash and
in-kind contributions from multiple sources.
The State Parks Board will make grant award decisions at its March 2006
meeting. Contracts will be awarded in May of 2006 and, if awarded, this project would
begin in July of 2006.
The Council has participated in the State Parks Heritage Fund for historic
preservation for over ten years, resulting in more than $3 million in grant awards.
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The approval and implementation of the proposed Floralcroft Historic District
Heritage Grant to repair four contributing properties, and provide education programs
regarding historic preservation and signage will help to preserve an impressive and
valuable part of Glendale's past.
On November 29, 2004, an initial meeting was held with 45 property owners to
discuss the preparation of a National Register nomination for Floralcroft. Letters were
sent to all property owners within the Floralcroft Historic District, inviting them to attend
this meeting regarding the proposed application for Historic Preservation Heritage Grant
funds. The benefits of the Heritage Fund Grant for weatherization and stabilization
were discussed.
There were two public meetings held in preparing the application. The first
meeting was held on January 20, 2005. Approximately 16 people attended the
meeting. The participants heard a description of the proposed project and
requirements for property owners to participate in the project.
The second meeting was held on October 17, 2005. Three people attended.
Those who wished to participate in the project signed a consent letter to participate and
provided the required cash match for their property. The project architect, contract
administrator, and city staff answered questions from potential participants. The project
has received wide-ranging support from many stakeholders and organizations in and
around the downtown area.
Each participating property owner will contribute approximately 50% of the cost
for eligible repairs, for a combined total of $35,579 in cash. The Glendale Historical
Society is contributing $1,200 of donated services. The Sahuaro Ranch Foundation is
contributing $1,000 of donated services.
The Planning staff will contribute approximately $2,500 of services. The
Community Partnerships Department will contribute $1,536 of in-kind staff time.
Approximately $1,000 of in-kind graphics services by the city is needed to assemble
layouts for brochures and self-guided walking tour materials.
The city will provide $17,080 in cash from the Grants Administration Matching
Fund 47.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $57,009
Account Name, Fund, Account and Line Item Number:
A specific account will be established in Fund 47, the city's grant fund, once the grant
agreements are formally executed.
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The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the submission of the application and acceptance of the Arizona
State Parks Fiscal Year 2005 Historic Preservation Heritage Grant.
Resolution No. 3918 New Series was read by number and title only, it being
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, APPROVING THE APPLICATION FOR HISTORIC
PRESERVATION HERITAGE FUNDS FOR COMPLETING EXTERIOR
WEATHERIZATION AND STABILIZATION OF FOUR CONTRIBUTING PROPERTIES
IN THE FLORALCROFT HISTORIC DISTRICT AND DEVELOPING DISTRICT
SIGNAGE AND A SELF-GUIDED DOWNTOWN HERITAGE LANDMARK TOUR.
11. ACQUISITION OF RIGHT-OF-WAY FOR INTERSECTION IMPROVEMENTS
This is a request for the City Council to authorize the purchase of three
properties needed to complete Glendale Onboard (GO) intersection improvement
projects.
One of the Council's goals is to improve and provide transportation options within
the city.
Intersection improvement projects have been previously identified in the GO
Program. The city needs to obtain additional right-of-way in order to construct related
street improvements that include right turn lanes, bus bays and merge lanes, as well as
new curbs, gutters, sidewalks, and landscaping.
Right-of-way properties to acquire are described below:
Bank of America - Bank of America, the owner of property located near the
southwest corner of 43rd and Olive Avenues, will sell approximately 462 square
feet of property towards improvements at this intersection. The property owner
is willing to grant a temporary easement to the city on the property for
construction of improvements. The property owner will be compensated a total
of $28,591 for right-of-way to be acquired, SRP facility easements, and
relocation of an existing business sign.
Bethany 43 LLC - Bethany 43 LLC, the owner of property located near the
southwest corner of 43` Avenue and Bethany Home Road, will sell
approximately 13,855 square feet of property towards improvements at this
intersection. The property owner is willing to grant a temporary easement to the
city on the property for construction of improvements. The property owner will be
compensated a total of $200,000 for right-of-way to be acquired and for
landscaping, driveway paving, irrigation system replacement and new drainage
facilities.
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SB Glendale Investments and FB Glendale Investments, LLC — SB Glendale
Investments and FB Glendale Investments, the owner of property located near
the northwest corner of 67th Avenue and Bell Road, will sell approximately 378
square feet of property towards improvements at this intersection. The property
owner is willing to grant a temporary easement to the city on the property for
construction of improvements. The property owner will be compensated a total
of $15,000 for right-of-way to be acquired and removal of existing site
improvements.
These projects were included in the Capital Improvement Program budget
process and funding is available from the half-cent transportation sales tax program.
GO Program improvements are being made to streets, transit, and pedestrian
facilities. These projects will provide bus bays and improve pedestrian and traffic flow.
The GO Program provides multiple opportunities for public input. This year, an
annual report was mailed to all Glendale households, a transportation fair was held on
April 17, 2005, and a community meeting for the annual report was held on April 21,
2005. Project specific public meetings will be conducted by the Engineering
Department.
City of Glendale funds for right-of-way acquisition and improvements are
budgeted as part of the GO Transportation Program. Closing costs for all of the above
properties total $2,149.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $245,740
Account Name, Fund, Account and Line Item Number
43rd Ave: Bethany Home — Peoria, Account No. 33-9490-8100 ($230,240)
67th Ave: Olive to Bell Rd Imp, Account No. 33-9479-8100 ($15,500)
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to execute all documents necessary to
purchase the necessary rights-of-way for the Glendale Onboard (GO) Transportation
Program.
Resolution No. 3919 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 ACQUISITION OF
THREE PARCELS OF PROPERTY AS RIGHT-OF-WAY FOR INTERSECTION
IMPROVEMENTS FOR THE GLENDALE ONBOARD TRANSPORTATION
PROGRAM; AND DIRECTING THE EXECUTION OF ANY DOCUMENTS
NECESSARY TO EFFECTUATE SAID PURCHASES.
15
12. SETTLEMENT WITH TRUSTEES AND AFFILIATES IN THE NATIONAL
CENTURY FINANCIAL ENTERPRISES BANKRUPTCY ACTION
This is a request for the City Council to adopt a resolution ratifying the proposed
settlement with the trustee for National Century Financial Enterprises ("NCFE"), JP
Morgan Chase & Co., and its affiliates, JP Morgan Chase Bank, JP Morgan Partners,
LLC, Bank One, N.A., Bank One Corporation, Banc One Capital Markets, Inc., The
Beacon Group, LLC, The Beacon Group Focus Value Fund-III, LP, and outside
directors Thomas G. Mendell, Harold W. Pote, and Eric R. Wilkerson.
Providing financial stability by resolving litigation in the most efficient and
effective manner.
In 2001 and 2002, the City of Glendale, as a member of the Local Government
Investment Pool 55, invested in debt securities of NCFE. Decisions as to the
management of the investment pool were made by the State of Arizona. In November
of 2002, NCFE declared bankruptcy, which stayed the City's recovery of its
$3,554,291.12 investment in the pool.
In order to pursue recovery of this loss in a cost efficient manner, Glendale
joined with several other municipalities to form a consortium that would jointly pursue
claims against several of the world's largest financial institutions and accounting firms.
Through the litigation with the consortium, Glendale has recovered $516,641.76. This
amount includes recovery from Deloitte & Touche that the Council approved in
September of 2005.
In April of 2005, JP Morgan approached the law firm representing the consortium
to discuss potential settlement. After consultation and months of negotiations, a
proposed settlement was reached. The settlement provides that JP Morgan and its
affiliates will pay a total of $375 million. The amount offered is the largest settlement
amount that has been paid by an indenture trustee in a similar type of action. This
settlement leaves two other solvent defendants in this action, Credit Suisse First Boston
and PriceWaterhouse Cooper, against which to pursue the remaining portion of the
consortium's claims.
As with the prior approved settlements, this amount will be distributed pro rata
among the consortium based on the amount of each member's initial investment.
Glendale's portion of this recover will be approximately $690,585.50. This will bring the
total recovery of losses in this matter to approximately $1,207,227.26.
It was recommended by the City Attorney and the City's Chief Financial Officer,
consistent with the consortium's legal counsel, the State Treasurer's office, and the
Arizona Attorney General's Office, that the Council approve settlement of this claim for
the amount offered.
16
The recommendation was to waive reading beyond the title and adopt a
resolution ratifying the settlement with JP Morgan and affiliates as listed above in the
National Century Financial Enterprise action.
Resolution No. 3920 New Series was read by number and title only, it being
A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, RATIFYING THE SETTLEMENT WITH TRUSTEES AND
AFFILIATED ENTITIES IN THE NATIONAL CENTURY FINANCIAL ENTERPRISES
BANKRUPTCY ACTION.
It was moved by Lieberman, and seconded by Frate, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 12, including the
approval and adoption of Resolution No. 3918 New Series, Resolution No. 3919
New Series, and Resolution No. 3920 New Series; and to forward Liquor License
Application No. 3-1025 for Spencer's, Liquor License Application No. 3-1028 for
Spencer's, License Application No. 3-1026 for Somer Market, Liquor License
Application No. 3-1027 for Naked Truth Bar & Grill, and special Event Liquor
License Application for Saint John of the Desert, to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
13. REZONING APPLICATION ZON05-01: CARMEL ESTATES — 19268 NORTH
541" DRIVE
Mr. Jim May, Deputy Planning Director, presented this item.
This is a request by Union Hills 54, LLC for the City Council to approve Rezoning
Application ZON05-01, located at 19268 North 54" Drive. The applicant is requesting
to rezone from R1-6 PRD (Single Residence, Planned Residential Development) and A-
1 (Agricultural) to R1-6 PRD. The applicant intends to develop the subdivision "Carmel
Estates".
The proposed subdivision is compatible with the Medium Density General Plan
designation. The R1-6 PRD adds to the city's housing stock, provides housing
opportunities and housing unit diversity. This development incorporates sound growth
management techniques by utilizing the surrounding infrastructure.
The applicant intends to build a 39-lot single-family subdivision on 9.8 acres at a
density of 3.9 dwelling unit per gross acres. Lot sizes vary from 6,820 square feet to
13,120 square feet, with an average lot size of 7,580 square feet. The minimum lot
width is 62 feet and the minimum lot depth is 110 feet.
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The Planning Commission recommended approval of this Rezoning Application
on November 17, 2005, with five stipulations as outlined in the memorandum. that was
presented to the Council at the meeting.
The project promotes the development of vacant property and provides housing
that is compatible with the surrounding area.
A neighborhood meeting was held September 12, 2005. Of the 158 people
invited to the neighborhood meeting, 25 property owners and interested parties
attended. Issues discussed include: who the homebuilder will be; how the lots will be
released; if there will be a homeowners' association; and how the existing site will be
remediated. It is anticipated that the subdivision will be developed in one phase. A
homebuilder has not yet been identified at this time. A homeowners' association will be
established and the site will be remediated as needed by the applicant.
The recommendation was to conduct a public hearing, waive reading beyond the
title, and approve the Rezoning Application ZON05-01 subject to the stipulations as
recommended by the Planning Commission.
Mr. Don Caprose , Applicant's representative, said they are very proud of the
project and are working hard to ensure compatibility with the surrounding
neighborhoods.
Mayor Scruggs opened the public hearing on Agenda Item No. 13. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Martinez, and seconded by Frate, to approve Rezoning
Application ZON05-01, subject to the stipulations as recommended by the
Planning Commission.
Councilmember Martinez stated the property has been the subject of several
calls received by the Council Office over the years and the proposed project was well
received by the neighborhoods. He expressed his opinion the project will improve the
neighborhood.
Upon a call for the question, the motion carried unanimously.
14. REZONING APPLICATION ZON05-11: 17305 NORTH 63RD AVENUE
Mr. Jim May, Deputy Planning Director, presented this item.
This is a request by Longo Builders for City Council to approve Rezoning
Application ZON05-11 located at 17305 North 63rd Avenue. The applicant is requesting
to rezone from A-1 (Agricultural) to RR-45 (Rural Residential).
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The proposed rezoning is compatible with the Low Density General Plan
designation. The RR-45 adds to the city's housing stock, provides housing
opportunities, and housing unit diversity. This development incorporates sound growth
management techniques by utilizing the surrounding infrastructure.
The applicant intends to divide the property into four single-family lots, each a
minimum of 45,000 square feet. The property was initially zoned A-1 upon annexation
into the City of Glendale on September 11, 1979. It has approximately 292 feet of
frontage on 63`d Avenue and is 621 feet deep.
The Planning Commission recommended approval of this Rezoning Application
on November 17, 2005, with two stipulations as outlined in the memorandum. that was
presented to the Council at the meeting.
The project promotes the development of vacant property with appropriate uses
and provides housing that is compatible with the surrounding area.
The applicant sent 39 notification letters to adjacent property owners and
interested parties for this project on May 28, 2005. The applicant received three phone
calls regarding how the property will be provided with water and sewer service. Septic
tanks are not a viable solution when sanitary sewer is available nearby. The applicant
will connect to the city's sewer system.
The recommendation was to conduct a public hearing, waive reading beyond the
title, and approved the Rezoning Application ZON05-11 subject to the stipulations as
recommended by the Planning Commission.
Mr. Joseph Longo, the applicant, offered to answer questions.
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 Frate, and seconded by Eggleston, to approve Rezoning
Application ZON05-11, subject to the stipulations as recommended by the
Planning Commission.
Councilmember Frate said he is excited to see the proposed development come
to his district.
The motion carried unanimously.
15. REZONING APPLICATION ZON05-12: NORTHWEST CHURCH OF CHRIST -
5110 WEST UNION HILLS DRIVE
Mr. Jim May, Deputy Planning Director, presented this item.
19
This is a request by Northwest Church of Christ for the City Council to approve
Rezoning Application ZON05-12 located at 5110 West Union Hills Drive. The applicant
is requesting to rezone 3.65 acres from A-1 (Agricultural) to SR-30 (Suburban
Residential).
The proposed rezoning is compatible with the Low Density General Plan
designation. The SR-30 adds to the city's housing stock, provides housing
opportunities, and housing unit diversity. This development incorporates sound growth
management techniques by utilizing the surrounding infrastructure.
The applicant intends to rezone the property and then apply for a Conditional
Use Permit to allow a church at this location. On September 11, 1979, the property was
initially zoned A-1 upon annexation into the City of Glendale. It has approximately 573
feet of frontage along Union Hills Drive and approximately 275 feet of frontage along
51st Avenue.
On December 15, 2005, the Planning Commission recommended approval of
this Rezoning Application with six stipulations, as noted in the memorandum that was
presented to the Council at the meeting.
The project promotes the development of vacant property with appropriate uses
and provides zoning that is compatible with the existing zoning surrounding area.
On July 15, 2005, the applicant sent 128 notification letters with enclosed
response cards to adjacent property owners and interested parties for this project. The
applicant received four postcards concerned about overflow parking. This site plan will
be reviewed to ensure that adequate parking is provided.
The recommendation was to conduct a public hearing, waive reading beyond the
title, and approved the Rezoning Application ZON05-12, subject to the stipulations as
recommended by the Planning Commission.
Mr. Ted Colby, Applicant's representative, offered to answer questions.
Mayor Scruggs opened the public hearing on Agenda Item No. 15. As there
were no comments, Mayor Scruggs closed the public hearing.
It was moved by Martinez, and seconded by Clark, to approve Rezoning
Application ZON05-12, subject to the stipulations as recommended by the
Planning Commission.
Councilmember Martinez noted the project was well received by the
neighborhood.
The motion carried unanimously.
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16. PUBLIC HEARING — PROPOSED ANNEXATION NO. 157: 8237 & 8257 WEST
NORTHERN AVENUE
Mr. Jon Froke, Planning Director, 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. 157, as required by state statute. The
vacant property is located at the immediate southeast corner of 83rd and Northern
Avenues.
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.
The 12.89-acre site is located at the southeast corner of 83rd and Northern
Avenues. The future Northern Parkway is located along the northern boundary of this
parcel and an elevated intersection will take the Northern Parkway over 83`d Avenue
when constructed.
The property owners of these parcels are requesting annexation and have
appointed the purchaser of these parcels as "owner representative" for this process.
The purchaser of these parcels has indicated that a development, consisting of
commercial-office, will be located at the immediate intersection of 83rd and Northern
Avenues and a large lot single-family residential subdivision is for the remainder of the
site. If annexed by 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 development standards and policies.
The blank annexation petition was recorded on December 15, 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 on the blank annexation
petition. All property owners within the area to be annexed have been notified of this
public hearing 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 December 21, 2005, 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 Council will be asked to consider the adoption of
an annexation ordinance.
21
At the November 1, 2005 workshop, staff presented and discussed the proposed
annexation process for Annexation Area No. 157.
The annexation of this 12.89-acre area would require that any future
development of this location meet the Glendale General Plan requirements, as well as
all other development standards for the city.
This annexation area is located at a "gateway" into the city and development of
this site under Glendale requirements would provide an aesthetically pleasing entry
point into the city.
The recommendation was to conduct a public hearing on the blank annexation
petition for Annexation Area No. 157 as required by state statute.
Mayor Scruggs opened the public hearing on Agenda Item No. 16. As there
were no comments, Mayor Scruggs closed the public hearing.
No action was taken on this item.
17. PUBLIC HEARING — PROPOSED ANNEXATION NO. 160: 15551 WEST
OLIVE AVENUE
Mr. Jon Froke, Planning Director, 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. 160, as required by state statute. The
vacant property is located at the immediate southeast corner of Loop 303 and Olive
Avenue.
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.
The 738-acre site is located at the southeast corner of Loop 303 and Olive
Avenue. This annexation area has a number of unique factors associated with it:
A portion of the annexation area is located within the Loop 303 Corridor. This
Corridor was designated as a priority area for the city and is identified as a "growth
area" in the General Plan.
Northern Parkway intersects with the Loop 303 in this general vicinity. The future
Parkway will be a major east-west transportation link for the entire west valley, linking
Grand Avenue with Loop 303.
22
The annexation area also includes approximately 200 acres of land that lies
within the Luke Air Force Base [LAFB] noise contours and is subject to both federal and
state laws that guide development within the noise contours.
The applicant, Element Homes, is proposing a broad spectrum of land uses at
this location to include mixed-use within the Loop 303 Corridor, single-family residential
between Sarival Avenue and the noise contour boundary and then LAFB compatible
land uses for the acreage within the noise contour boundary. If annexed by the city,
this area will receive city services that include police, fire, and sanitation services.
Private companies provide water and sewer utilities in this area of the city. All
development that may occur on this parcel must comply with current city development
standards and policies.
The blank annexation petition was recorded on December 15, 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 on the blank annexation
petition. All property owners within the area to be annexed have been notified of this
public hearing 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 December 21, 2005, 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 Council will be asked to consider the adoption of
an annexation ordinance.
At the November 1, 2005 workshop, staff presented and discussed the proposed
annexation process for Annexation Area No. 160.
The annexation of this 738-acre area would require that any future development
of this location meet the Glendale General Plan requirements, as well as all other
development standards for the city. Non-residential uses that may develop in this
location could provide sales tax revenue and employment opportunities to the city.
The recommendation was to conduct a public hearing on the blank annexation
petition for Annexation Area No. 160 as required by state statute.
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 this item.
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BIDS AND CONTRACTS
18. AWARD OF CONSTRUCTION CONTRACT FOR THE RENOVATIONS OF
OLDER PARKS
Mr. R. J. Cardin, Deputy Parks and Recreation Director, presented this item.
This is a request for the City Council to approve a construction contract with
Valley Rain Construction Corporation in the amount of $1,794,848.64 to renovate four
older parks to include New World, Delicias, Myrtle, and Lawrence Parks.
The park renovations address Council goals of enhancing the quality of life for
Glendale residents, managing growth and preserving neighborhoods, and projecting a
positive image of Glendale.
The four older park master plans involved extensive public involvement and
incorporates upgraded design elements that are consistent with the Parks and
Recreation Master Plan. These parks are classified as Neighborhood Parks (under 10
acres) and have a service radius of one mile.
Renovations will include upgrades and/or additions of park features, such as,
open space, landscape, aesthetics, pedestrian walkways, play structures, entry
monuments, shade structures, irrigation, and picnic ramadas.
This project was originally advertised in August of 2005 and no bids were
received. The project was re-advertised in October of 2005 and one bid was received.
Upon review, the Engineering Department deemed the bid price to be compatible with
the Engineer's estimate.
In the fall of 2000, Parks and Recreation Commission members visited,
evaluated, and prioritized 27 older city parks for future renovation. In February of 2003,
the Parks and Recreation Commission finalized the prioritization of the parks to be
renovated and New World, Delicias, Myrtle, and Lawrence Parks were identified as the
highest priority. With this prioritization, staff solicited the services of Logan Simpson
Design in June of 2003, to conduct public meetings to determine what park amenities
should be addressed. The Parks and Recreation Advisory Commission and staff will
begin review of older park priorities for future renovations at the January 2006
Commission meeting.
The community will have the opportunity to make use of enhanced park
amenities and infrastructure, such as ramadas, picnic and park benches, concrete
pathways, landscaping, basketball courts, open turf areas, additional low-level security
lighting, drinking fountains, sports lighting, and play structures. All park renovations
provide needed upgrades to park amenities.
24
Public input was solicited through several public meeting held in the Fall of 2003.
Logan Simpson Design conducted two public meetings for each park and then an open
house to display the final master plans for each park. Through the public meeting
process, citizens were provided the opportunity to prioritize and provide input on a
variety of recreational, leisure, educational, and interpretive park amenities. Follow up
meetings were held in the early Spring of 2004, to provide opportunities for additional
input.
The costs for the renovations are included in the Fiscal Year 2005-06 Capital
Improvement Plan. The base bid for the project is $215,000 and includes construction
surveying and mobilization. Myrtle Park renovation cost is $118,289.04, Delicias Park
renovation cost is $360,364, Lawrence Park renovation cost is $488,331, and New
World Park renovation is $612,864.60.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,794,848.64
Account Name. Fund, Account and Line Item Number
Parks Redevelopment, Fund No. 36-8026-8300
The recommendation was to award the construction contract with Valley Rain
Construction Corporation for the renovation of four parks, in the amount not to exceed
$1,794,848.64.
Councilmember Lieberman said he is delighted to see the construction contract
awarded, noting two of the parks are located in his district. He asked that fencing not
be put in place of the large boulders at New World Park. Mr. Cardin offered to
readdress that portion of the contract.
Councilmember Clark pointed out the subject contract is predicated upon the
boulders being removed and fencing being installed. She said retaining the boulders
and eliminating the fencing would change the contract amount. Mr. Cardin said the
change would be considered a negative change order and will actually diminish the
contract amount.
Mayor Scruggs asked if any neighborhood input was received regarding the
boulder and fence issue. Mr. Cardin said they would review public comments on that
aspect of the contract.
Councilmember Lieberman said he does not recall any objections to his request
to retain the boulders.
25
Councilmember Clark asked Mr. Tindall if it is appropriate to proceed with the
contract prior to resolving the fencing issue. Mr. Tindall pointed out the contract
includes an additional cost to remove the boulders and erect the fence. He stated one
option would be to table the contract until the public input issue can be addressed.
Mr. Broyles recommended Council award the contract with the possibility of
deleting construction of the fence. He explained the contractor agreed to extend his bid
prices until January 31 at which time the contract would have to be re-bid at what would
likely be a higher cost.
Mayor Scruggs pointed out Council meets again January 24. She said, while
she understands no financial risks are involved, she is concerned about whether or not
there was any citizen input on the issue.
Councilmember Martinez asked if they could approve the contract with a
stipulation that the item will come back to Council if staff finds there was citizen input on
the issue of the fence. Mr. Tindall said a motion could be phrased in such a manner
that ensures citizen input is consistent with the contract.
Councilmember Goulet asked how individuals find out the timeframe for
developing Parks 5 through 27. Mr. Cardin said they worked with the Parks and
Recreation Commission last night to review the 23 additional parks and the priorities set
by the Commission. He said the priorities will be finalized at the February meeting and
will be placed on the city's website.
Vice Mayor Eggleston asked if there was any citizen input with regard to New
World Park. Mr. Cardin said, while there was public input about the tennis court,
volleyball court and playground equipment, he does not recall whether or not fencing
was a major issue. Vice Mayor Eggleston asked if they could award all but the New
World Park component of the contract.
Mayor Scruggs asked if the contract is contingent upon the developer being
awarded all four parks. Mr. Broyles responded yes. He explained bundling the parks
together enabled the city to receive better bids. Mayor Scruggs asked why staff
recommended the fence. Mr. Cardin said it was the recommendation of a landscape
architect to carry the black wrought-iron fence currently located on the west side of the
park around to the east side of the park.
Vice Mayor Eggleston asked if the fence is intended to prevent children who are
playing at the park from running into the street. Mr. Cardin said he believes aesthetics
played a larger role in the decision.
Councilmember Frate noted he served on the Parks and Recreation Commission
prior to joining the Council, stating it has been a priority since that time to renovate older
parks.
26
Councilmember Clark said I think probably the most prudent course of action
would be to go ahead and pass this contract tonight I think we can sort out "to be a
fence or to be no fence" down the road between Councilmember Lieberman and
whomever else may be involved.
Councilmember Clark moved, seconded by Councilmember Frate, to
recommend that we go ahead and award this contract.
Councilmember Lieberman said about the kids with their trucks spinning donuts
tearing up our parks, we put the fence up on the western portion to see if that would
slow them up and they tore the fence down in two spots that's when we decided to put
boulders all the way around. We have not had a single complaint since then and its
eight years. You have never heard anyone say they didn't like the boulders or wanted to
take the boulders out of there. So, if you would Councilmember Clark, include in your
stipulation that within the contract the part relating to a fence in New World Park, be left
out unless there is more than adequate proof from the meeting that it was mentioned
because it was not mentioned. I am rather disappointed that at that meeting, I said that
I wanted the boulders left and nobody denied it, nobody said anything, so I am not sure
how the fencing, anyhow, I would like that as a stipulation.
Councilmember Clark thanked Councilmember Lieberman for his suggestion, at
this point. I am just comfortable to go ahead and award the contract. If there was any
stipulation it would be with issue of fencing vs. boulders worked out in an appropriate
time frame or settled in an appropriate time frame
Mayor Scruggs said, speaking to Mr. Cardin, it has been motioned and seconded
that the contract be awarded, go back and research the matter to see if there is another
point of view from the people who live there. If so, you work it out; if not, then I guess
whoever came up with the idea to put up a fence is trumped by the Councilmember. It
is hard for us sitting here to know neighborhood issues and concerns.
The motion carried unanimously.
ORDINANCES
19. ABANDONMENT OF AN ALLEYWAY AT THE NORTHWEST CORNER OF
43Hu AVENUE AND BETHANY HOME ROAD
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to adopt an ordinance authorizing the
abandonment of an existing alleyway at the northwest corner of 43rd Avenue and
Bethany Home Road.
27
A developer has assembled several parcels of land on the northwest corner of
43rd Avenue and Bethany Home Road that are currently bisected by an existing city-
owned alleyway for the purpose of constructing a new CVS Pharmacy and renovating
the existing strip retail center to the west. Glendale Onboard (GO) will be receiving
necessary right-of-way to improve transportation flow through the intersection, create a
bus bay, and install covered transit shelter and landscaping to create a gateway
feature.
Staff has determined that the alleyway is no longer necessary for city right-of-
way or for the entire sewer line located within the 20-foot wide alleyway. Staff
requested, and the new owners have executed, the necessary documents dedicating to
the city a 24-foot wide public ingress/egress easement, and a sewer line easement
along the western boundary of the property for possible future service to the adjacent
vacant parcel. The owners have also dedicated additional right-of-way along 43`d
Avenue and Bethany Home Road.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning the alleyway at the northwest corner of 43`d avenue and Bethany
Home Road.
Ordinance No. 2478 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF AN EXISTING
ALLEYWAY AT THE NORTHWEST CORNER OF 43RD AVENUE AND BETHANY
HOME ROAD TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY;
AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS
ORDINANCE.
It was moved by Frate, and seconded by Lieberman, to approve Ordinance
No. 2478 New Series. Motion carried on a roll call vote, with the following
members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and
Scruggs. Members voting "nay": none. The motion carried unanimously.
20. SALT RIVER PROJECT EASEMENTS: 1) BETHANY HOME ROAD FROM 91ST
TO 951" AVENUES AND; 2) THE NORTHEAST CORNER OF 79TH AND
MISSOURI AVENUES
Mr. Larry Broyles, City Engineer, presented this item.
This is a request for the City Council to adopt an ordinance granting the following
easements in favor of Salt River Project (SRP) for: (1) an irrigation easement along the
alignment of Bethany Home Road from 91st to 95th Avenues; and (2) an Overhead and
Underground Power Distribution Easement along a proposed city park site on the
northeast corner of 79th and Missouri Avenues.
28
The City Council authorized the construction of Bethany Home Road between
Loop 101 and 91St Avenue for the necessary infrastructure for the new Glendale sports
facilities. City staff has requested SRP to relocate its existing facilities in the area to
accommodate this construction.
The city is constructing a public park at the northeast corner of 79th and Missouri
Avenues. City staff has requested SRP to underground the 12kv power lines and
relocate the 69kv power lines in the area to accommodate the park construction.
These easements are necessary to protect SRP's facilities and existing land
rights.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute the following easements in favor of
Salt River Project: (1) an irrigation easement along the alignment of Bethany Home
Road from 91st to 95th Avenues; and (2) an Overhead and Underground Power
Distribution Easement along a proposed city park site on the northeast corner of 79th
and Missouri Avenues.
Ordinance No. 2479 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FOLLOWING EASEMENTS IN FAVOR OF SALT RIVER PROJECT: (1) AN
IRRIGATION EASEMENT ALONG THE ALIGNMENT OF BETHANY HOME ROAD
FROM 91ST TO 95TH AVENUES; AND (2) AN OVERHEAD AND UNDERGROUND
POWER DISTRIBUTION EASEMENT ALONG A PROPOSED CITY PARK SITE ON
THE NORTHEAST CORNER OF 79TH AND MISSOURI AVENUES; AND ORDERING
THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED.
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2479 New Series. Motion carried on a roll call vote, with the following members
voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs.
Members voting "nay": none. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Martinez, to hold a City
Council Workshop at 1:30 p.m. on Tuesday, January 17, 2006, in Room B-3 of the
City Council Chambers, to be followed by an executive session pursuant to ARS
38-431.03. The motion carried unanimously.
CITIZEN COMMENTS
None.
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COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Goulet invited citizens to attend the Glitter and Glow event this
weekend.
Councilmember Lieberman stated he attended the grand opening of the
Glendale Gas Light Inn this evening. He encouraged people to recommend it to their
visiting family and friends. He urged everyone to come to Glitter and Glow.
Vice Mayor Eggleston also encouraged everyone to attend Glitter and Glow.
Councilmember Martinez welcomed Police Chief Steven Conrad.
Councilmember Frate noted a Street Racing Enforcement Task Force campaign
last weekend resulted in over 100 people being arrested. He noted 45 suspects were
arrested for street racing and 55 were arrested for criminal speed, DUI, warrants,
juvenile curfew, aggravated assault on a Police Officer and possession of drugs and
weapons. He said those arrested for street racing, criminal speed and DUI had their
vehicles impounded. He reported a total of 400 violations were issued, stating the
operation was a huge success. He thanked Peoria and Phoenix for their participation in
the campaign. He suggested parents educate their children about the dangers and
consequences of street racing. He urged everyone to learn CPR and watch children
around water.
Mayor Scruggs congratulated the Police Department on the success of the
campaign, stating it is horrifying to think of the innocent people who get caught up in the
middle of a street race. She noted under a new state law, owners of impounded
vehicles cannot retrieve their cars for 30 days and their license is suspended in the
meantime.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:15 p.m.
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Pamela Hanna - City Clerk
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