HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/8/2008 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, APRIL 8, 2008, AT 7:00 P.M.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor
Manuel D. Martinez, and the following Councilmembers present: Joyce V. Clark, David
M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman.
Councilmember Steven E. Frate was absent.
Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City
Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk.
Mayor Scruggs acknowledged and welcomed the members of the Mayor's Youth
Advisory Commission.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the seven resolutions and six
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 MARCH 25, 2008 CITY COUNCIL MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the March 25, 2008 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
PROCLAMATION IN RECOGNITION OF NATIONAL CRIME VICTIMS' RIGHTS
WEEK, APRIL 13 — 19, 2008
This is a request for the City Council to proclaim April 13 through April 19, 2008
as National Crime Victims' Rights Week. This proclamation will allow the City of
Glendale to recognize crime victims' suffering, struggles and loss, as well as to
recognize and honor services that aid these citizens in trying times.
The proclamation will be accepted by Jackie Penberthy and Darcie McCracken.
Jackie Penberthy is a nurse with the Forensic Nurse Examiners (FNE) program.
Jackie and other nurses from the FNE program perform evidence-gathering
examinations of sexual assault and sexual abuse victims at the West Valley Advocacy
Center. These nurses provide rapid response, professional examination, are
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experienced in evidence gathering and preservation, provide professional testimony in
criminal prosecutions, and are empathic and supportive to sexual assault and abuse
victims at a time of extreme vulnerability.
Darcie McCracken has been a volunteer with Glendale Victim Assistance since
2002. In 2007, Darcie contributed 296.5 hours of volunteer service and in 2006 she
contributed 270 hours. Darcie is a regular in the Victim Assistance (VA) unit's weekend
VA patrol and also provides on-call service to the Police Department. Darcie's victim
assistance is always professional, intuitive, and thorough and she is a definite asset to
the unit.
President Ronald Reagan proclaimed the first "National Crime Victims' Rights
Week" in April of 1981. Every year, since that date, the growing family of victim
services programs and agencies throughout the United States have utilized this week to
bring focus to the scope of crime victimization, and to honor crime victims and to
recognize victim services programs. The 2008 National Crime Victims' Rights Week
theme is "Justice for Victims; Justice for All".
The City of Glendale has long been a leader in innovative and aggressive
services to crime victims, with services having been founded in 1975 and having
received national recognition for on several occasions. Residents of the City of
Glendale are recipients of crisis intervention services, victim advocacy, counseling, and
referral by staff and volunteers from both Police and Fire Departments.
The recommendation was to present the proclamation to Jackie Penberthy and
Darcie McCracken.
Mayor Scruggs presented the proclamation to Diane Slusser and Darcie
McCracken.
Ms. Darcie McCracken discussed the workings of the Glendale Victim Assistance
program. She said they had a strong core of volunteers who were passionate about
their work in assisting victims. She thanked the Mayor and Council for tonight's
presentation and for their support in keeping victims rights in the forefront.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 15 and Ms.
Pamela Hanna, City Clerk, read consent agenda resolution item numbers 16 through
21 by number and title.
Lieberman requested item number 8 be heard separately.
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1. SPECIAL EVENT LIQUOR LICENSE FOR NATIONAL ADVOCACY &
TRAINING NETWORK FUNDRAISER, APRIL 11, 2008, 6770 NORTH
SUNRISE BLVD-EVENT PLAZA
This is a request for the City Council to approve a special event liquor license for
the National Advocacy & Training Network. The location will be 6770 North Sunrise
Boulevard, Event Plaza on Friday, April 11, 2008 from 5:30 p.m. to 8:30 p.m. The
purpose of the event is a fundraiser. The special event liquor application was submitted
by Monalou A. Callery.
If this license is approved, the total days expended by this applicant will be two of
the allowed 10 days per year. Under the provisions of Arizona Revised Statutes Sec. 4-
203.02, the Arizona Department of Liquor Licenses and Control may issues a special
event liquor license only if the Council recommends approval of such license.
The City of Glendale Planning, Fire, and Police Departments have reviewed the
application and determined that it meets all technical requirements. Therefore, it is
staffs recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
2. SPECIAL EVENT LIQUOR LICENSE FOR KOKOPELLI WINERY INC. FOR
GLENDALE JAZZ AND BLUES FESTIVAL, APRIL 12 & 13, 2008 — 58TH AND
GLENN DRIVE
This is a request for the City Council to approve a special event liquor license for
Kokopelli Winery Inc. The event will be at 58th and Glenn Drive on Saturday, April 12,
2008 from 10:00 a.m. to 10:00 p.m. and Sunday, April 13, 2008 from noon to 8:00 p.m.
The purpose of this special event liquor license is for Kokopelli Winery Inc. to
participate in the Glendale Jazz and Blues Festival. Dennis Michael Minchella
submitted the special event liquor license.
If this license is approved, the total expended by this applicant will be three of the
allowed 25 licenses per calendar year, and 9 of the allowed 75 days per calendar year.
The Arizona Department of Liquor Licenses and Control considers this to be a wine
festival license. 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 Council recommends approval of such license.
The Glendale Planning, Fire, and Police Departments have reviewed the
application and determined that it meets all technical requirements. Therefore, it is
staffs recommendation to forward the application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
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3. SPECIAL EVENT LIQUOR LICENSE FOR OUR LADY OF PERPETUAL HELP
SCHOOL FUNDRAISER, MAY 3, 2008 — 7521 NORTH 57TH AVENUE
This is a request for the City Council to approve a special event liquor license for
Our Lady of Perpetual Help School. The event is a dinner theatre. The location will be
at 7521 North 57th Avenue on Saturday, May 3, 2008 from 6:00 p.m. to 10:00 p.m. The
purpose of the event is a fundraiser for the school. The special event liquor application
was submitted by Maureen DeGrose.
If this license is approved, the total days expended by this applicant will be one
of the allowed 10 days per year. Under the provisions of Arizona Revised Statutes Sec.
4-203.02, the Arizona Department of Liquor Licenses and Control may issues a special
event liquor license only if the Council recommends approval of such license.
The City of Glendale Planning, Fire, and Police Departments have reviewed the
application and determined that it meets all technical requirements. Therefore, it is
staff's recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
4. LIQUOR LICENSE NO. 3-1171, CACTUS MARKET
This is a request for the City Council to approve a person-to-person transfer,
operating with an interim permit for this transferable Series 9 (Liquor Store — All Liquor)
license. Cactus Market is located at 12252 North 51st Avenue. The Arizona State
application (number 09070693) was submitted by Allaa M. Rumaih.
The 60-day deadline for processing this application was March 3, 2008. A
request for extension was submitted to the Department of Liquor Licenses and Control.
The location of the establishment will be 12252 North 51St Avenue and is within the
Sahuaro District, zoned C-2(General Commercial). This establishment is over 300 feet
from any school or church. This Series 9 liquor license is a person-to-person transfer
and operating with an interim permit. The population density is 17,859 people per
square mile. The approval of this license will not increase the total number of liquor
licenses in this area. The number of liquor licenses within a one-mile radius is 14 as
listed below:
Series Type Quantity
6 Bar— All Liquor 3
7 Bar— Beer and Wine 1
9 Liquor Store —All Liquor 4
10 Liquor Store - Beer and Wine 1
12 Restaurant - All Liquor 5
Total 14
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The City of Glendale Planning, Fire and Police Departments, as well as 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.
Based on the information provided under the background, it is staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
5. LIQUOR LICENSE NO. 3-1172, 5030 LOUNGE
This is a request for City Council to approve a person-to-person transfer,
operating with an interim permit for this transferable Series 6 (Bar — All Liquor) license
for 5030 Lounge, located at 5030 West Peoria Avenue, #101. The Arizona State
application (number 06070022) was submitted by Linda L. Cohorst.
The 60-day deadline for processing this application was March 09, 2008. A
request for extension was submitted to the Department of Liquor Licenses and Control.
The location of the establishment will be at 5030 West Peoria Avenue, #101 and is
within the Barrel District, zoned C-2 (General Commercial). This establishment is over
300 feet from any school or church. This is a person-to-person transfer, operating with
an interim permit for this transferable Series 6 liquor license. The population density is
21,425 people per square mile. The approval of this license will not increase the total
number of liquor licenses in this area. The number of liquor licenses within a one-mile
radius is 20 as listed below:
Series Type Quantity
6 Bar—All Liquor 4
7 Bar— Beer and Wine 1
9 Liquor Store —All Liquor 4
10 Liquor Store - Beer and Wine 5
12 Restaurant - All Liquor 6
Total 20
The City of Glendale Planning, Fire and Police Departments, as well as 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.
Based on the information provided under the background, it is staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
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6. LIQUOR LICENSE NO. 3-1173, SPORTSMAN'S #603
This is a request for the City Council to approve a person-to-person and location
transfer of this transferable Series 6 (Bar — All Liquor) license for Sportsman's #603,
located at 6685 West Beardsley Road, Suite 180. The Arizona State application
(number 06070304) was submitted by Michael Joseph Basha.
The 60-day deadline for processing this application was March 14, 2008. A
request for extension was submitted to the Department of Liquor Licenses and Control.
The location of the establishment will be at 6685 West Beardsley Road, Suite 180 and
is within the Cholla District, zoned C-2 (General Commercial). This establishment is
over 300 feet from any school or church. This is a person-to-person transfer and
location transfer of this transferable Series 6 liquor license. The population density is
19,049 people per square mile. The approval of this license will not increase the total
number of liquor licenses in this area. If this new Series 6 license is approved, it will
take the place of the current Series 6 license within the City of Glendale. The now
existing license will then be placed in an inactive status until it can be moved to a new
location currently under construction in the City of Phoenix. This action is necessary to
prevent the applicant's acquisition of this license from reverting back to the State of
Arizona. The number of liquor licenses within a one-mile radius is 23 as listed below:
Series Type Quantity
6 Bar—All Liquor 2
7 Bar— Beer and Wine 1
9 Liquor Store —All Liquor 5
10 Liquor Store - Beer and Wine 2
12 Restaurant -All Liquor 13
Total 23
The City of Glendale Planning, Fire and Police Departments, as well as 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.
Based on the information provided under background, it is staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
7. LIQUOR LICENSE NO. 3-1178, MARISCOS PLAYAS DE ORO
This is a request for City Council to approve a new Series 12 (Restaurant)
license, operating with an interim permit. Mariscos Playas De Oro is located at 5821
North 67th Avenue, Suites 101, 102, and 103. The Arizona State application (number
12077506) was submitted by Maria Laura Alvarez
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The 60-day deadline for processing this application will be April 14, 2008. The
location of the establishment will be 5821 North 67th Avenue, Suites 101, 102, and 103
and is within the Yucca District, zoned C-2 (General Commercial). This establishment
is over 300 feet from any school or church. This Series 12 liquor license is a new
license, operating with an interim permit. The population density is 30,074 people per
square mile. The approval of this license will not increase the total number of liquor
licenses in this area. The number of liquor licenses within a one-mile radius is as listed
below:
Series Type Quantity
6 Bar— all Liquor 3
7 Bar— Beer and Wine 1
9 Liquor Store —All Liquor 4
10 Liquor Store - Beer and Wine 1
12 Restaurant - All Liquor 5
Total 14
The City of Glendale Planning, Fire and Police Departments, as well as 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.
Based on the information provided under the background, it is staff's
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
9. CONSTRUCTION CONTRACT AWARD FOR LANDFILL GAS SYSTEM
EXPANSION PROJECT
This is a request for the City Council to approve a construction contract with
Shaw Environmental, Inc. to provide construction services for expansion and
modification of the existing landfill gas system. This project will be completed for a cost
amount not to exceed $409,800. As the landfill disposal area grows in size, additional
gas wells and collection pipes are essential to prevent offsite migration of methane gas.
The landfill gas system expansion project will be instrumental towards maintaining
environmental compliance as required by State and Federal regulations.
This request supports the Council goal of a city with high-quality services for
citizens. Expansion and modification of the landfill gas system will provide reliable and
continued operation of the City of Glendale landfill by increasing the gas collection
capacity of the existing system.
Bryan A. Stirrat & Associates, Inc. (BAS) was recently retained to provide design
and construction administration services for the landfill gas expansion project. Key
elements of the project include installing a network of horizontal gas collection piping,
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installing seven vertical gas extraction wells, and performing modifications to the
existing collection system.
Soon after City Council approval of the BAS agreement, Glendale staff
proceeded with the process of bidding the project for construction. A Notice to
Contractors was issued to solicit bids for construction services on the gas system
expansion, and two qualified bids were received. Shaw Environmental was selected to
perform the construction services based on their responsive and lowest cost bid in the
amount of $409,800.
On February 12, 2008, the Council approved a professional services agreement
with BAS for design and construction administration services related to the landfill gas
system expansion project.
On December 11, 2007, the Council approved the extension of the methane
rights gas agreement with BAS.
As the landfill disposal area grows in size, additional gas wells and collection
pipes are essential to prevent offsite migration of methane gas. The landfill gas system
expansion project will be instrumental towards maintaining environmental compliance
as required by State and Federal regulations.
Funds are available in the Fiscal Year 2007-08 Capital Improvement Program.
This transaction will require the transfer is $84,000 from Fiber Optic Installation,
Account No. 2440-78513-550800, to the Landfill Gas Expansion account.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $409,800
Account Name, Fund, Account and Line Item Number
FY 2007-08: Landfill Gas System Expansion, CIP Account No. 2440-78517-550800
The recommendation was to authorize the City Manager to enter into a contract
with Shaw Environmental, Inc. at a cost amount not exceeding $409,800 to provide
construction services for the landfill gas expansion project, and to approve the transfer
of funds.
10. PURCHASE OF RECYCLING EQUIPMENT PRODUCTS AND SERVICES
FROM CP MANUFACTURING, INC.
The Materials Recovery Facility (MRF) is requesting City Council approval for a
purchase order with CP Manufacturing, Inc. in the amount of $123,000. The purchase
order is necessary to cover the replacement of mechanical and structural components
supporting the recycling process equipment system.
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This request supports the Council goal of a city with high-quality services to
citizens. More specifically, it allows the MRF to continue operating in an efficient
manner in order to process recyclables collected from citizens in Glendale and
surrounding communities.
When the Materials Recovery Facility (MRF) began operation in July of 2000, CP
Manufacturing, Inc. was responsible for design, manufacturing, and installation of the
facility equipment. CP Manufacturing, Inc. is the proprietary provider for equipment
product and repair projects as a result of receiving the original award of contract during
MRF construction.
Along with planned equipment maintenance, the MRF has experienced
unanticipated repair and replacement needs in Fiscal Year 2007-08 for the aging
equipment system. In particular, the steel conveyor assembly and various rotors that
move the recyclable containers through the system need replacement. The cost
estimate for the replacement parts and repair service is $123,000.
In October of 1999, the Council awarded a contract to CP Manufacturing, Inc for
design, manufacturing and installation of the MRF processing equipment.
In May of 2003, the Council approved a contract with CP Manufacturing, Inc. for
the design and installation of safety equipment at the MRF to protect employees from
potential falls.
Funds are available in the Fiscal Year 2007-08 Capital Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $123,000
Account Name, Fund, Account and Line Item Number
MRF Process Line Improvements, CIP, 2440-78518-551400
The recommendation was to approve purchase order with CP Manufacturing,
Inc. in the amount of $123,000 for Fiscal Year 2007-08 to cover major repairs, including
the replacement of mechanical and structural components supporting the recycling
process equipment system.
11. EMERGENCY PURCHASE FOR FILTER REPAIR AND ADDITIONAL FILTER
MEDIA— PYRAMID PEAK WATER TREATMENT PLANT
This is a request for the Council to approve the emergency services purchase
order with The Ayres Group for repair work of Filter No. 1 and to bring Filter Nos. 2 thru
14 to proper levels of filter media at the Pyramid Peak Water Treatment Plant
(PPWTP).
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One of the Council's goals is to provide high-quality services for citizens. The
work being performed allows the city to continue to meet citizen's water needs while
remaining in compliance with state and federal regulations.
The PPWTP utilizes 14 filters at the end of the water treatment process. One of
the filters malfunctioned and needs an emergency repair as it is an integral part of the
water treatment process. This repair needs to be completed before high demand
begins. Currently the plant is operating on a low water demand and can run effectively
on the current 13 filters, but needs all 14 running in times of high demand. Throughout
the duration of the emergency repairs, neither the quality of or delivery of water will be
affected or impaired.
A PPWTP Filter Testing Study was completed by Black & Veatch, dated October
15, 2007. This study was a complete and comprehensive evaluation of all filters and
media. Results of that study determined that the existing media needed to be
supplemented with additional filter media. Subsequent to the study, the PPWTP staff
identified the need for Filter 1, constructed in 1986, to be repaired immediately.
After receiving three bids, The Ayres Group was the lowest responsive bidder
and was selected to perform the necessary repairs and bring the remaining filters to the
proper levels of media. The media is used to form barriers to the passage of certain
solids or molecules that are suspended or dissolved in water.
Funds are available in the Fiscal Year 2007-08 operating budget for the Utilities
Department.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $97,500
Account Name, Fund, Account and Line item Number:
Pyramid Peak WTP, Account No. 2400-17250-518200
The recommendation was to approve the emergency services purchase order
with The Ayres Group for repair work of Filter No. 1 and to bring Filter Nos. 2 thru 14 to
proper levels of filter media at the Pyramid Peak Water Treatment Plant in an amount
not to exceed $97,500.
12. AWARD OF PROPOSAL 07-02, HOME DETENTION AND MONITORING
SERVICES
This is a request for the City Council to award Request for Proposal 07-02 to
Justice Services, Inc. for home detention and electronic monitoring services.
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This request addresses the City Council Strategic Goals of one community
focused on public safety for citizens and visitors and a city that is fiscally sound. Public
Safety is improved by closely monitoring the whereabouts of nonviolent criminal
defendants, while simultaneously holding them accountable to sentencing conditions.
This cost saving measure enhances fiscal soundness through reductions in detention
costs for eligible home detention participants.
Materials Management issued a Request for Proposal and three offers were
received. An evaluation panel, consisting of five City staff, reviewed the proposals
based on specific criteria including capabilities of firm and staff, cost, and non-English
speaking services.
The offer scoring the highest was Justice Services, Inc. If approved by the City
Council, a term agreement will be issued for two years. 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.
The City Court and Police Department implemented a pilot project in July of
2007 whereby indigent defendants could be placed in home detention as opposed to
Maricopa County jail. Every defendant eligible for home detention was offered an
opportunity to participate in the program, with judges conducting financial screenings on
defendants' ability to pay. The Police Department pays the cost of home detention for
indigent defendants from the prisoner maintenance budget.
On December 14, 2004, the Council adopted a resolution authorizing the
Glendale City Court to utilize home detention and electronic monitoring systems as
suitable forms of punishment for defendants convicted of various criminal offenses.
This alternative to incarceration was necessitated by steadily rising jail costs, the need
to conserve public resources, and the need to develop proactive forms of treatment to
reduce recidivism. The Council has directed departments to identify innovative ways to
reduce costs. Home detention, as it is currently used in Glendale, is reducing prisoner
maintenance charges in the Police Department budget.
The Maricopa County Sheriff's Office currently charges the City of Glendale
$189.23 to book an inmate, plus $72.33 per day to house each inmate. As of July 1,
2008, the rate for the first day rises to $199.35, with the housing cost rising to $73.46.
By comparison, the daily costs for home detention and electronic monitoring services,
including random alcohol monitoring, are $15. Detention staff estimates that, between
July of 2007 and February of 2008, approximately $91,000 was saved by utilizing home
detention versus incarceration. This partnership between the City Court and the Police
Department will result in further ongoing positive financial results by continuing to
reduce the Police Department's prisoner maintenance budget.
The recommendation was to authorize the City Manager to enter into an
agreement with Justice Services, Inc. for home detention and monitoring services.
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13. AWARD OF CONTRACT TO DIVERSIFIED FLOORING SERVICES FOR
FOOTHILLS BRANCH LIBRARY CARPET
This is a request for the City Council to award a contract to Diversified Flooring
Services for the purchase and installation of carpet at Foothills Branch Library, located
at 19055 North 57th Drive.
This will address the goal of a city with high-quality services for citizens and help
to further support one of the library's missions of well-maintained facilities.
Foothills Branch Library is a widely used facility that averages 1,181 visitors per
day. Over the past few years, the carpet at Foothills has been lifting in heavily traveled
areas of the building. The Facilities Management Division, along with independent
carpet consultants, evaluated the problem. After researching the benefits and costs of
several flooring options, it was determined that carpet tiles would be the most effective
solution in the affected areas due to the ease of cleaning or replacement if damaged.
The services of Diversified Flooring are being obtained through an
intergovernmental agreement with the State of Arizona (State Contract EPS 060077-4).
Visitors of all ages enjoy a wide range of programming and materials offered at
the Foothills Branch Library. Many of these programs are provided through
partnerships with organizations such as Midwestern University, Banner Thunderbird
Medical Center, Arizona Small Business Association, Glendale Women's Club, and the
Glendale Arts Commission. The Foothills Branch Library offers a variety of summer
programs, reading camps for youth, and arts and crafts workshops for all ages. A well-
maintained facility provides a comfortable, attractive and safe environment for these
visitors.
Funds are available in the Fiscal Year 2007-08 Capital Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $86,737
Account Name, Fund, Account and Line Item Number:
Foothills Carpet Replacement, 2160-74003-551200 - $11,696
PAYGO, Foothills Carpet Replacement, 1000-81054-551200 - $75,041
The recommendation was to award the contract for the purchase and installation
of carpet at Foothills Branch Library, 19055 North 57th Drive, to Diversified Flooring
Services.
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14. FINAL PLAT —
APPLICATION FP07 17: COPPER COVE PHASE 2 9251 WEST
MISSOURI AVENUE
This is a request by Maracay Homes for City Council approval of the final plat for
Copper Cove Phase 2 located at 9251 West Missouri Avenue.
The proposed final plat is consistent with the General Plan Land Use Map
designation of 5-8 dwelling units per acre and the existing R1-4 PRD (Single
Residence, Planned Residential Development) zoning district. The development of this
subdivision is near existing single-family neighborhoods and a high school, which
supports the Council's goal of creating one community with strong neighborhoods. This
proposal also supports the Council's goal for a city that is fiscally sound by utilizing
existing infrastructure such as water and sewer lines and existing streets.
Copper Cove Phase 2 is a 180 lot single-family subdivision on 40.1 acres with a
density of 4.5 dwelling units per acre. Lot sizes vary from 4,724 square feet to 5,383
square feet with an average lot size of 4,789 square feet. The proposed minimum lot
width is 52 feet, and the minimum lot depth is 92 feet.
On June 27, 2006, the Council approved Rezoning Application ZON04-13.
On April 20, 2006, the Planning Commission recommended approval of
Rezoning Application ZON04-13 and Preliminary Plat Application PP04-04 for this
subdivision.
This project provides additional housing stock in a growing area of the city. The
project is located in close proximity to the emerging sports and entertainment district
along the Loop 101 Freeway.
The recommendation was to approve Final Plat application FP07-17.
15. ARIZONA PUBLIC SERVICE COMPANY SUBSTATION WALL
CONSTRUCTION AGREEMENT
This is a request for the City Council to approve a Substation Wall Construction
Agreement with Arizona Public Service Company (APS) for a new enclosure at the sub-
station located at 58th Drive and Market Street. The enclosure, or screen wall, would be
constructed of masonry block and the improvements will include landscaping and
irrigation within the set back. The existing fencing is growing unsightly and this project
will make the facility aesthetically pleasing and a good neighbor to the surrounding
residences and businesses.
This project exemplifies, and is consistent with, the Council goal of a Vibrant City
Center and is an excellent example of partnering between APS and the city to improve
the sub-station aesthetics.
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City staff and APS representatives have been in communication over the past
year in an effort to develop conceptual plans and to reach a mutual agreement
regarding the type of fencing and materials. Development of the required plans and
specifications will be a joint effort between APS and city staff. Projected costs for the
improvements are $515,000; APS will pay $400,000 of that cost, with the city being
responsible for the balance.
These improvements will become the next facet in the ongoing efforts to
revitalize the downtown core. The finished project will provide the area with a safe,
aesthetically pleasing facility and enhance surrounding property values.
Funds are available in the Fiscal Year 2007-08 Capital Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $115,000
Account Name, Fund, Account and Line Item Number
Street Beautification, Account No. 1980-68104-550800 $115,000
The recommendation was to authorize the City Manager to enter into a
Substation Wall Construction Agreement with Arizona Public Service Company to make
improvements at the substation facility located at 58th Drive and Market Street.
CONSENT RESOLUTIONS
16. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT
OF TRANSPORTATION FOR BRIDGE INSPECTION SERVICES
This is a request for the City Council to approve an Intergovernmental
Agreement (IGA) with the Arizona Department of Transportation (ADOT) for bridge
inspection services. ADOT has contacted the city to schedule the alternate year bridge
inspections that are currently due. The city has been contracting with ADOT for bridge
inspection and reporting services since 1990 and has asked that the city formalize this
agreement.
One of the City Council goals is to provide a high-quality of service to citizens.
This agreement will allow for the proper inspection and maintenance of a major
infrastructure item in the city.
The Federal Highway Administration (FHWA) bridge inspection program
regulations were developed as a result of the Federal-Aid Highway Act of 1968 that
required the Secretary of Transportation to establish national bridge inspection
standards (NBIS). The primary purpose of the NBIS is to locate and evaluate existing
bridge deficiencies to ensure the safety of the traveling public.
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The Surface Transportation and Uniform Relocation Assistance Act of 1987
expanded the bridge inspection program to include all publicly owned bridges longer
than twenty feet located on public roads. ADOT is responsible for managing this
program at the state and local level and reporting the findings to FHWA. The city has
the option of paying a consultant to do the bridge inspections or have ADOT do them at
no charge. Fifteen percent of the federal funding available for this program goes to
funding the inspection of local bridges.
The acceptance of this action will allow the proper inspection and maintenance
of the bridges that are owned by the city. The proper inspection and maintenance of
such a primary piece of the transportation infrastructure will ensure the safety and
mobility of citizens.
The bridge inspection is provided by ADOT, using federal funding at no direct
cost to the city. However, the IGA does state that the city will provide traffic control
during the bridge inspections when necessary. To date there has been no case where
traffic control was necessary.
The recommendation was to waive the reading beyond the title and adopt a
resolution authorizing the City Manager to enter into an intergovernmental agreement
with the Arizona Department of Transportation for the inspection and reporting of the
city's bridges.
Resolution No. 4138 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION (ADOT) FOR BRIDGE INSPECTION SERVICES.
17. ARIZONA DEPARTMENT OF TRANSPORTATION — AERONAUTICS DIVISION
GRANT
This is a request for the City Council to adopt a resolution authorizing the City
Manager to accept and administer a grant award from the Arizona Department of
Transportation (ADOT), Aeronautics Division, totaling $11,843. This grant will aid in the
design and construction of control tower radio equipment, window replacement, and
installation of Precision Approach Pass Indicator (PAPI) lights for the runway.
This project meets the Council strategic priorities of creating a city with high-
quality service for citizens. Improving and providing a more efficient control tower
system within the airport will assist in achieving this goal.
This grant is providing funding for much needed modernization of the airport
control tower, including upgraded weatherization through the installation of new
windows and shade screens, security cameras and radio equipment. In order to
minimize construction impacts to aviation and airport businesses, the contractor who is
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selected to perform the work will provide a temporary control tower from which the
controllers will operate.
Due to the anticipated increase in air traffic at the airport earlier this year, the
PAPI lights that help guide pilots on approach to the runway were replaced in January
of 2008 as part of this project.
In August of 2007, the Council approved a Federal Aviation Administration grant
in the Airport Improvement Program for engineering and construction of PAPI light
replacements and airport traffic control tower (ATCT) radio equipment.
The Glendale Municipal Airport is a reliever airport in the state airport
transportation system. Installing new radio technology in the air traffic control tower and
replacing the PAPI lights allows for improved radio communication and safety for the
traveling public.
The total cost of the construction for the project is $473,686. Federal funds in
the amount of $450,000 are available through a FAA grant. The ADOT grant will fund
$11,843 and the city's remaining portion of the match totals $11,843. Funds are
available for the city match in the Fiscal Year 2007-08 Capital Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $11,843
Account Name, Fund, Account and Line item Number
Airport Tower and Radio Upgrade, Account No. 2210-65044-551400
The specific account will be established in Fund 1840, the city's grant fund, once the
grant agreements are fully executed.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to accept the grant funds in the amount of
$11,843 from the Arizona Department of Transportation, Aviation Division.
Resolution No. 4139 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING THE GRANT OFFER IN THE AMOUNT OF
$11,843 FROM THE ARIZONA DEPARTMENT OF TRANSPORTATION,
AERONAUTICS DIVISION, FOR THE DESIGN AND CONSTRUCTION OF CONTROL
TOWER RADIO EQUIPMENT, WINDOW REPLACEMENT, AND INSTALLATION OF
PAPI LIGHTS FOR RUNWAYS 01 AND 19 AT THE GLENDALE MUNICIPAL
AIRPORT.
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18. U.S. CUSTOMS AND BORDER PROTECTION INTERGOVERNMENTAL
AGREEMENT
This is a request for the City Council to enter into an intergovernmental
agreement with U.S. Customs and Border Protection for placement of communications
infrastructure at the Glendale Regional Public Safety Training Center.
U.S. Customs and Border Protection (CBP) is the unified border agency within
the Department of Homeland Security (DHS). CBP combines the inspectional
workforces and broad border authorities of U.S. Customs, U.S. Immigration, Animal and
Plant Health Inspection Service and the entire U.S. Border Patrol.
U.S. Customs and Border Protection approached the City of Glendale
Department of Emergency Management in November of 2007 with a request to place
communications equipment at the Glendale Regional Public Safety Training Center.
This equipment includes a roof mounted antenna and a microwave system that is part
of a regional upgrade to the U.S. Customs and Border Protection secure
communications network.
All city agencies with communications equipment at the Glendale Regional
Public Safety Training Center have reviewed the request and found no operational
conflicts with the frequencies or equipment that will be utilized in the installation. There
are no costs to the city related to this agreement.
The term of the intergovernmental agreement and lease will be from April 9,
2008 through September 30, 2012. The lessee must provide written notice to the city
60 days prior to the expiration of current term to renew. In addition, the lessee or the
City may terminate the lease at any time after the expiration of the initial term (April 9,
2008 through September 30, 2008), by giving at least 60 days written notice to the
affected party.
The communications equipment that U.S. Customs and Border Protection
intends to install requires approximately 9 sq ft of space in the Glendale Public Safety
Training Center's Data Center, and 18 sq ft of space on the center's roof. The annual
rent for this space is $2,400 for the first year, payable quarterly. This revenue will be
deposited to the General Fund. The rent amount will be annually increased by 3% on
October 1 after the initial lease period.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of the intergovernmental agreement with the
U.S. Customs and Border Protection for placement of communications infrastructure at
the Glendale Regional Public Safety Training Center.
17
Resolution No. 4140 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 FOR USE OF THE GLENDALE REGIONAL
PUBLIC SAFETY TRAINING CENTER BY U.S. CUSTOMS AND BORDER
PROTECTION.
19. ACCEPTANCE OF STATE HOMELAND SECURITY GRANT
This is a request for the City Council to adopt a resolution authorizing the City
Manager to accept and administer fiscal year (FY) 2007 State Homeland Security Grant
awards for a total amount of$83,190.
These grant awards will support the Glendale Fire Department in enhancing local
citizen emergency preparedness, procuring critical infrastructure security equipment
and continuing the city's anti-terrorism partnership with state and federal agencies. No
additional staffing is required as to implement these grant awards.
On December 11, 2007, the Council approved State Homeland Security grants
to enhance public safety communications and fund volunteer initiatives for the
Volunteers in Police Service program.
On November 27, 2007, the Council approved State Homeland Security grants
to enhance Special Operations and the Metropolitan Medical Response System
program.
On April 24, 2007, the Council approved the 2006 Urban Areas Security Initiative
funds to enhance the physical security of our Public Safety facilities.
Since 1999, Glendale has been able to leverage city funds with grant funds to
enhance first responder preparedness with the city and the West Valley. Grant funds
have been used to purchase safety equipment to protect first responders, specialized
equipment for technical operations, and equipment to enhance communication efforts,
as well as to develop preparedness training and to enhance prevention and intervention
programs.
There is no financial match requested for this funding. This is one-time funding
by the State Department of Homeland Security specifically for the programs identified
previously. While no matching funds are requested for the initial purchase of this
equipment, there is an expectation that the city would need to allocate funds to operate
and replace any equipment purchased with Homeland Security grant monies.
Departments will submit supplemental requests for future fiscal year budgets.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $83,190
Account Name, Fund, Account and Line Item Number
A specific account will be established in Fund 1840, the city's grant fund, once the grant
agreements are formally executed.
The recommendation was to waive reading beyond title and adopt a resolution
authorizing the City Manager to accept and administer the Fiscal Year 2007 State
Homeland Security Grant awards in the amount not to exceed $83,190.
Resolution No. 4141 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, ACCEPTING THREE GRANT AWARDS FROM THE ARIZONA
DEPARTMENT OF HOMELAND SECURITY UNDER THE FFY 2007 HOMELAND
SECURITY GRANT PROGRAM.
20. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT
OF TRANSPORTATION FOR DYNAMIC MESSAGE SIGNS
This is a request for the City Council to approve an intergovernmental agreement
with the Arizona Department of Transportation (ADOT) for the purchase and installation
of Dynamic Message Signs (DMS) used for displaying traffic information to the public.
This project meets the Council strategic priorities of creating a city with high-
quality service for citizens. Managing traffic on the roadway network will help in
meeting this goal.
In 2000, Glendale completed a Traffic Management System Design Concept
Report. In this report, Glendale Avenue, 59th Avenue and Bell Road were identified as
the backbone of the Intelligent Transportation System (ITS). These communication
systems have all been completed. With the development of Glendale's sports facilities
in the western part of the city, the ITS has been expanded in this area. The installation
of this ITS equipment will continue to expand the capabilities to the new roadways
surrounding University of Phoenix Stadium and will enhance the capabilities on some of
the roadways surrounding the Arena.
This project will add DMS to several key areas that are lacking these devices.
The DMS will be placed at locations where portable temporary signs are typically rented
to support events at the arena and stadium. This project represents the continued
incremental implementation of ITS citywide.
The federal funding for this project will be administered by ADOT, with an
anticipated completion date of December 2008.
19
In July of 2005, the Council approved expenditure of GO Transportation Program
funds for the design of a Sports Facilities ITS project.
The Dynamic Message Signs will allow information to be more quickly and
effectively communicated to motorists in the Sports Facilities area, reducing congestion
to event goers, other motorists in the area, and residents who live in the area.
The total cost for the purchase and installation of Dynamic Message Signs is
$515,000. Federal funds in the amount of $356,018 are available through Congestion
Mitigation and Air Quality (CMAQ) funding. The city's required contribution for matching
funds is $158,982 and available in the Fiscal Year 2007-08 Capital Improvement
Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $158,982
Account Name, Fund, Account and Line Item Number:
Dev. Agree.-Signals, Account No.: 1600-67803-550800
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
the intergovernmental agreement with the Arizona Department of Transportation for the
purchase and installation of Dynamic Message Signs for ITS projects in the City of
Glendale.
Resolution No. 4142 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION (ADOT) FOR THE PURCHASE AND INSTALLATION OF A DMS
(DYNAMIC MESSAGE CENTER) FOR THE CITY OF GLENDALE.
21. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT
OF TRANSPORTATION FOR CLOSED CIRCUIT TELEVISION CAMERAS
This is a request for the City Council to approve an intergovernmental agreement
with the Arizona Department of Transportation (ADOT) for the purchase and installation
of Closed Circuit Television (CCTV) cameras for traffic monitoring.
This project meets the Council strategic priorities of creating a city with high-
quality service for citizens. Managing traffic on the roadway network will help in
meeting this goal.
20
In 2000, Glendale completed a Traffic Management System Design Concept
Report. In this report, Glendale Avenue, 59th Avenue and Bell Road were identified as
the backbone of the Intelligent Transportation System (ITS). These communication
systems have all been completed. With the development of Glendale's sports facilities
in the western part of the city, the ITS has been expanded in this area. The installation
of this ITS equipment will continue to expand the capabilities to the new roadways
surrounding University of Phoenix Stadium and will enhance the capabilities on
roadways surrounding the Arena.
This project will add CCTV traffic monitoring cameras to several key areas that
are lacking these devices. The CCTV cameras will be added to intersections primarily
along Glendale Avenue, between 83rd Avenue and 51st Avenue. CCTV will also be
added to several major intersections on Union Hills Drive and north of Union Hills Drive,
where transportation communications infrastructure is available.
The federal funding for this project will be administered by ADOT, with an
anticipated completion date of December 2008.
The CCTV cameras will provide enhanced traffic monitoring capabilities at
Glendale's Traffic Management Center (TMC). In particular, more views will be added
on Glendale Avenue, between downtown Glendale and the Sports Facilities which is
becoming a very important connection in the city. Additionally, CCTV will be added to
Union Hills Drive and many locations north of there to monitor and manage traffic in this
busy area.
The total cost for purchase and installation of CCTV Cameras is $320,485.
Federal funds in the amount of $224,592 are available through Congestion Mitigation
and Air Quality (CMAQ) funding. The city's required contribution for matching funds is
$95,893 and available in the Fiscal Year 2007-08 Capital Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $95,893
Account Name, Fund, Account and Line Item Number:
Dev. Agree.-Signals, Account No.: 1600-67803-550800
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the City Manager to sign any and all documentation relating to
the intergovernmental agreements with the Arizona Department of Transportation for
the purchase of CCTV cameras for the City of Glendale.
Mr. Leonard Clark, a Barrel resident, stated his agreement with the Council
supporting the maintenance of bridges, as well as the airport. He added he was
concerned with the State Home Security grant possibly not going to the appropriate
areas. He requests Council confirm any grant distributions.
21
Vice Mayor Martinez commented on item #15, the Substation Wall Construction
Agreement with Arizona Public Service Company. He said he would like to compliment
and thank Mr. Larry Broyles, city staff and Arizona Public Service for all their work on
this project. He added he believes this will be a great improvement in the area.
Resolution No. 4143 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN
INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION (ADOT) FOR THE PURCHASE AND INSTALLATION OF CCTV
(CLOSED CIRCUIT TELEVISION) CAMERAS IN THE CITY OF GLENDALE.
It was moved by Lieberman and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 7 and 9 through
21, including the approval and adoption of Resolution No. 4138 New Series,
Resolution No. 4139 New Series, Resolution No. 4140 New Series, Resolution No.
4141 New Series, Resolution No. 4142 New Series, and Resolution No. 4143 New
Series; to forward Special Event Liquor License Applications for (1) the National
Advocacy & Training Network for a fundraiser to be held at 6770 North Sunrise
Boulevard, Event Plaza, on Friday, April 11, 2008, (2) Kokopelli Winery Inc. for the
Glendale Jazz and Blues Festival to be held at 58th Avenue and Glenn Drive on
April 12 and 13, 2008, and (3) Our Lady of Perpetual Help School for a fundraiser
to be held at 7521 North 57th Avenue on May 3, 2008; and to forward Liquor
License Application No. 3-1171 for Cactus Market, Liquor License Application No.
1172 for 5030 Lounge, Liquor License Application No. 3-1173 for Sportsman's
#603, and Liquor License Application No. 3-1178 for Mariscos Playas de Oro to
the State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval. The motion carried unanimously.
8. LIQUOR LICENSE NO. 3-1179, EL TECOLOTE BAR
Mr. Ray Shuey, Chief Financial Officer, presented this item.
This is a request for City Council to deny a person-to-person transfer, operating
with an interim permit for this transferable Series 7 (Beer and Wine Bar) license. El
Tecolote Bar is located at 6162 North West Grand Avenue. The Arizona State
application (number 07070314) was submitted by Rogelio Gallegos-Castaneda.
The 60-day deadline for processing this application is April 21, 2008. The
location of the establishment will be 6162 North West Grand Avenue and is within the
Ocotillo District, zoned C-2 (General Commercial). This establishment is over 300 feet
from any school or church. This Series 7 liquor license is a person-to-person transfer
and is operating with an interim permit. The population density is 20,510 people per
square mile. The approval of this license will not increase the total number of liquor
licenses in this area. The number of liquor licenses within a one-mile radius is 34 as
listed below:
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Series Type Quantity
6 Bar -All Liquor 1
7 Bar - Beer and Wine 1
9 Liquor Store - All Liquor 3
10 Liquor Store - Beer and Wine 12
12 Restaurant - All Liquor 12
14 Private Club 5
Total 34
The City of Glendale Planning, Fire, and Police Departments, as well as the
Maricopa County Health Department have reviewed the application. The Police
Department has recommended denial of this license. Background investigation
revealed information that gives cause for denial based on the applicant's failure to meet
requirements of Arizona Revised Stature 4-203.A.
No protests were received during the 20-day posting period.
Based on the information provided under the background, it is staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of denial.
Vice Mayor Martinez asked if there had been an incident involving the police at
this location. Mr. Shuey referred the question to Commander Greg Dominguez. Officer
Dominguez stated there had been two shootings in 2006/2007.
Mayor Scruggs stated the applicant had requested to speak on this item. She
called the applicant forward.
Sergeant Gallegos, applicant, stated his intent is to transform this location for the
better. He said since he began operations, he had no incidents and contacted the
police whenever needed. He added he is only 24 years old and would like a chance to
clean up the place and use it as a stepping stone in his life.
Councilmember Clark asked Sgt. Gallegos when he had purchased the
establishment. Sgt. Gallegos stated it was in January of this year. Councilmember
Clark asked if the other incidents occurred under the previous owners. Sgt. Gallegos
stated she was correct. Councilmember Clark asked what he was doing specifically to
change the clientele of the establishment. Sgt. Gallegos stated he has additional
security features, a security guard and spends a lot of time on the premises. He added
that because of his service as a Marine in Iraq, the clientele respects him and the
establishment more than under the previous management.
23
Councilmember Goulet asked Sgt. Gallegos if he was familiar with the police
report provided to Council. Sgt. Gallegos stated he was not. Councilmember Goulet
said a lot of his personal information had not been disclosed in the liquor license
application. He asked why it had not. Sgt. Gallegos stated it had been a
misunderstanding with the wording on the application. He added he had disclosed all
the information to the police and had been willing to redo the application.
Councilmember Goulet commented the reported questionable behavior had continued
for several years. Councilmember Goulet asked Sgt. Gallegos if he thought patrons
would feel comfortable with him running this location knowing he had failed to disclose
a number of arrests occurring over a period of years. Sgt. Gallegos stated they would
not.
Councilmember Lieberman asked Sgt. Gallegos how many tours in Iraq he
completed and what was his current situation. Sgt. Gallegos stated he had completed
three tours in Iraq and was currently a Sergeant in the Marines at the reserve station.
Councilmember Lieberman commented he had great respect for what he had done in
Iraq, as well as for his rank. However, the police report raised many concerns on his
behavior and what he had done in the past. Councilmember Lieberman asked if he
was the sole owner of the bar. Sgt. Gallegos stated he was the only owner.
Councilmember Lieberman commented he was having a difficult time with this
application because, although he respects the uniform, he has problems with the police
report. Sgt. Gallegos stated he understood his dilemma; however, he would like the
Council to look through his outstanding military record before making a decision.
Councilmember Knaack asked if he would again be deployed. Sgt. Gallegos
stated he would not because he is at the end of his enlistment time and is only in the
reserves by choice.
Councilmember Clark commented on Sgt. Gallegos failure to disclose
incriminating information about him. She said most of these instances were alcohol
related and would like him to try convincing her that his judgment in handling liquor has
changed. Sgt. Gallegos stated his dream was to own an establishment of his own and
would not jeopardize it. He said he was also working as a UPS driver, which also keeps
him busy and not drinking. He added he had gone through some difficult times;
however, he is trying to change his life around. Councilmember Clark asked how he
was able to afford this establishment. Sgt. Gallegos stated he made a down payment
with his savings and is now continuing to make payments.
Councilmember Lieberman asked if he was a fulltime UPS worker. Sgt.
Gallegos stated he was a swing shift driver.
Councilmember Lieberman asked if the Marine Corp had taken any action on his
problems related to alcohol. Sgt. Gallegos stated he had related his side of the story
and was excused. The other two incidents occurred when he was out of the Corp.
Councilmember Lieberman commented he had a real problem deciding this application,
24
because he respects the uniform. He added he had no guarantee there will be no
problems if this application is recommended.
Mayor Scruggs asked Sgt. Gallegos if he had any experience owning a bar. Sgt.
Gallegos stated he had gone through the liquor license courses and learned a lot of
valuable information. He noted his leadership skills will aid him in running the bar.
Vice Mayor Martinez asked if he lives in Glendale. Sgt. Gallegos stated that he
lives in Peoria, however, loves the City of Glendale. Vice Mayor Martinez commented
he had only been an owner a short time, however, in that time there had been no
incidents.
Mayor Scruggs asked Mr. Shuey if this application was denied because of the
failure to meet the requirements of certain Arizona revised statutes. Mr. Shuey stated
she was correct. Mayor Scruggs asked why they were given a choice for
recommendation when the law was clear. Mr. Shuey stated the revised statutes
provide procedurally for the applicant to come to the City Council and request the liquor
license be recommended to the state. He added if the request is recommended by
Council for denial, Council's action will be registered with the Arizona Department of
Liquor License and Control. Ultimately the State Liquor board has the final decision; Mr.
Shuey stated that staffs recommendation of denial was based on the police report
findings. He said the Arizona Department of Liquor License and Control will do their
own independent investigation and make a determination as to whether the State
Liquor Board should grant or deny this license.
Mayor Scruggs commented it seemed there was a problem with hidden
ownership and past relationships relating to the bar which prompted the
recommendation of denial. She asked if it would be appropriate to discuss this matter
openly.
Commander Dominguez discussed the police report investigation. He stated
that a correlation between the previous owners and the applicant had been found. He
said the statute prohibits this action.
Councilmember Clark asked specifically what the consent decree requires when
the previous owner divests. Commander Dominguez stated it requires the owner to
divest all interest in the liquor license and upon sale and not sell it to any relatives or
acquaintances.
Councilmember Goulet asked Commander Dominguez if after an investigation
was completed which demonstrates all information was not provided and fails to meet
the statutory requirements, if applicants were automatically denied. Commander
Dominguez stated he was correct.
25
Councilmember Clark asked for clarification and asked if the statute only dictates
a sale could not occur between family members. Commander Dominguez stated she
was correct and he had mis-spoken earlier. It only applies to family members, not
acquaintances.
Councilmember's Goulet and Clark stated they support the denial of this
application.
Councilmember Clark commented she was sympathetic to the applicant's
situation because of his desire to turn this establishment around, as well as for his
dedicated service to his country. However, she was disturbed by his failure to disclose
all pertinent information until pressed, as well as his recent troubles which had only
occurred last year. She stated she also believes in the rule of law which dictates the
Arizona State Liquor Board requirements are followed, which they were not in this case.
She added she wished she did not have to vote this way, because she believes the
applicant was trying to make things better, however, the trying was not enough to
outweigh the omissions on this application.
Councilmember Goulet commented on the specific requirements not disclosed
the first time around. He stated this was very important to the community, especially
because of the type of establishment this was and its impact on the quality of life on the
community. He added it would set a bad precedent to approve and not follow the rule
of law. He cited his concern with the many incidents occurring throughout the years
which had been reported regarding Sgt. Gallegos' prior behavior.
Vice Mayor Martinez stated this was a difficult case. He said he had been
prepared for a vote of denial for the application. However, since the applicant has been
involved in this establishment he has had no problems and is tying to do the right things
to stay out of trouble. He noted he typically goes along with staff's recommendation,
however in this case, he asks Council to perhaps give Sgt. Gallegos the benefit of the
doubt and deny staffs recommendation. He said he does not support the
recommendation.
Councilmember Knaack thanked Sgt. Gallegos for his service to his county. She
said her biggest concern was that in the report's conclusion, he did not meet any of the
requirements of the state statute. She said she would be voting to deny this
application.
Mayor Scruggs also thanked Sgt. Gallegos for his service and all he has done for
this county. She said unfortunately, with regards to how this application was presented,
she does not see any opportunity to approve this application and send a
recommendation of approval. She noted based on the process conducted for all
applicants, the police department recommendation was that the application did not
meet any of the legal requirements. She discussed other requirements missed in this
application, such as the incoming owner having the knowledge to run this type of
establishment, as well as his earlier relationship with the previous owner.
26
It was moved by Goulet and seconded by Clark to deny the petition for a
liquor license. Motion carried with Martinez voting nay.
PUBLIC HEARING — LAND DEVELOPMENT ACTIONS
Items 22 and 23 were heard together.
22. GENERAL PLAN AMENDMENT GPA 07-08 (RESOLUTION) AND REZONING
APPLICATION ZON07-18 (ORDINANCE): CBD 101 — 9501 WEST BETHANY
HOME ROAD
Ms. Tabitha Perry, Interim Principal Planner, presented this item.
This is a request by Earl, Curley, and Lagarde P.C. representing Bethany Land
Partners, LLC, for City Council approval to amend the General Plan Land Use Map
from BP (Business Park) to CCC (Corporate Commerce Center) and to rezone from A-1
(Agricultural) zoning district to PAD (Planned Area Development) zoning district.
The proposed general plan amendment and rezoning are consistent with the
General Plan objectives of providing a mixed-use employment center, with
complementary community and specialty retail, hotels, restaurants, entertainment and
housing that provide quality economic development for the city.
The 67-acre site is located at the southeast corner of Loop 101 and Bethany
Home Road. The proposed mixed-use development titled "CBD 101" shall include
office, retail, hotel, and residential units. There are four districts identified in the PAD
development plan and include: Residential District, Downtown/Mixed-Use,
Parking/Mixed-Use, Corporate/Mixed-Use District.
The Planning Commission recommended approval of GPA07-08 and ZON07-18
on January 24, 2008.
The project will allow continued growth in the city's Loop 101 Corridor and
substantially contribute to a strong, self-sustaining office, residential, retail, and hotel
core that can be an economic resource to the community. The applicant projects that,
at full build out, the project may create up to 23,000 jobs.
A public notice for the City Council public hearing was published in The Arizona
Republic on March 24, 2008 and the. property was posted on March 21, 2008.
Postcards were mailed out to 366 property owners and interested parties on March 21,
2008.
Eight individuals spoke at the Planning Commission public hearing on January
24, 2008. Six property owners were in support of the proposed development and two
were not.
27
The recommendation was to conduct a public hearing, waive reading beyond the
title, adopt a resolution for General Plan Amendment GPA07-08, and adopt an
ordinance for rezoning application ZON07-18 subject to the stipulations as
recommended by the Planning Commission and as subsequently modified by the
applicant and staff.
23. REZONING APPLICATION ZON07-19 (ORDINANCE): ORGANIC 101 — 9551
WEST BETHANY HOME ROAD
Ms. Tabitha Perry, Interim Principal Planner, presented this item.
This is a request by Earl, Curley, and Lagarde P.C. representing Bethany Land
Partners, LLC for City Council approval to rezone from A-1 (Agricultural) to PAD
(Planned Area Development).
The proposed rezoning is consistent with the General Plan objectives of
preserving community spaciousness from recreation to agriculture.
The 10-acre site is located at the northwest corner of the 95th Avenue alignment
and Missouri Avenue. The proposed mixed-use development titled "Organic 101" shall
include an organic farm, restaurants, residential units, public market and community
spaces.
The Planning Commission recommended approval of ZON07-19 on January 24,
2008.
The project preserves ten acres of agricultural land associated with the history of
Glendale. It provides an organic farm and associated uses that protect the
neighborhood to the east from more intensive land uses in the project.
A public notice for the City Council public hearing was published in The Arizona
Republic on March 24, 2008 and the property was posted on March 21, 2008.
Postcards were mailed out to 366 property owners and interested parties on March 21,
2008.
Eight individuals spoke at the Planning Commission public hearing on January
24, 2008. Six property owners were in support of the proposed development and two
were not.
The recommendation was to conduct a public hearing, waive reading beyond the
title, and adopt an ordinance for rezoning application ZON07-19 subject to the
stipulations as recommended by the Planning Commission and as subsequently
modified by the applicant and staff.
28
Councilmember Clark asked for clarification on the 850 residential units. She
said in her calculation, 120 units were unaccounted for, Ms. Perry stated the other
residential units were located within the hotel tower and the corporate and downtown
district. She added the exact number for each area would be determined by the
applicant.
Councilmember Clark asked Ms. Perry about her understanding of the applicants
plan regarding residential parking on-site and off-site. Ms. Perry stated the design
process was still under review, however, during the process the applicant would have to
indicate exactly which city blocks will be connected for off-site parking. Councilmember
Clark discussed the design review process. She said since the design review process
was not yet completed, approving this application at this time would mean approving
designs which had not yet been reviewed. Ms. Perry stated this application has
required stipulations as to height and setbacks for the development. She added staff
also has input on the project's architectural design. Councilmember Clark commented
on her concern with staff not being able to address uses such as the development of
sky bridges and their location. Ms. Perry stated staff would be addressing these
concerns and staff will have input on the sky bridge locations.
Councilmember Clark asked a question regarding Organic 101 parking. She
stated one of the parking lots proposed was unpaved. She asked if staff saw any
conflict with this lot and the recently passed dust control ordinance. Ms. Perry stated
that during design review, staff will address this issue and confirm the development is in
compliance with the dust control ordinance. Councilmember Clark stated there were
still a lot of unresolved issues regarding this application and was concerned with it
being brought forward for approval. She asked if the applicant's statement was correct
in stating they will have an unpaved parking. Ms. Perry stated the type of material to be
used might be different than the city typically approves, therefore in their view, it is not
paved in the usual way.
Mayor Scruggs asked to clarify this issue. She asked if the developer will be
paving the lot with an organic material verses the usual asphalt material. Ms. Perry
stated she was correct. The parking will be paved not with asphalt, but with a dust free
organic material.
Councilmember Goulet asked if there had been additional discussion regarding
the 95th Avenue alignment. Ms. Perry stated there had been quite a few discussions on
the subject by the Planning Department and believes it has been resolved. The
concerns centered on the Pendergast residents not wanting any spill-over traffic. Since
then, the residents and the developer have resolved the issue. Councilmember Goulet
asked if it was unusual for the development to have off-site parking. Ms. Perry stated
this was a unique project overall for the city. She added she also believes staff and the
developer will be able to address all issues to this project and move forward.
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Councilmember Lieberman commented that in the original Planning Department
report, the developer was subject to 14 stipulations, however, there were only 13 stated
in the current report. Mr. Jon Froke, Acting Deputy City Manager, addressed the
Council on this issue. He said the stipulations being addressed today were correct. He
added there had been many revisions and negotiations on several issues which maybe
why there were differences in the numbers; however, the current numbers in this report
are correct.
Councilmember Clark asked if staff still had the authority to add or drop
stipulations after a final recommendation by the Planning Commission. Ms. Perry
stated that at the Planning Commission hearing, it was stated by Mr. Jim May, Interim
Planning Director, that there would be additional modifications to the stipulations. She
added this was not the typical process.
Councilmember Lieberman asked if staff was able to modify stipulations after the
Planning Commission rulings. Mr. Craig Tindall, City Attorney, stated modifications
usually do not happen once a project was approved; however, because of the
complexity of this project, certain issues were continually modified and discussed. He
addressed the discrepancy in the number of stipulations and stated it might have been
that two stipulations were combined.
Mr. Froke agreed with Mr. Tindall's statement on the inconsistent number of
stipulations. He stated this was a very complex case with a lot of give and take on both
sides throughout the entire planning process. He added a lot of the language and
stipulation details were modified to clarify some of the details related to right-of-ways,
dedications and street improvements.
Vice Mayor Martinez stated he agreed with Mr. Froke's explanation that many
modifications had been made on this complex project.
Mayor Scruggs called the applicant forward to make a presentation.
Mr. Mike Curley, Earl, Curley and Lagarde Law Firm, stated he will present a
brief summary on both applications. He stated he understood they were still subject to
design review and acknowledges there still might be some additional modifications. He
addressed Councilmember Clark's question regarding the parking issue and stated all
parking will be on the 88 acre parcel. He explained the new material used to pave the
organic parking lot would comply with the dust ordinance. He discussed the very
intense meetings held with the Planning Department to review engineering documents
for street cross sections and as a result, some of the stipulations were reviewed and
changed.
Mr. Curley thanked the Planning Department for their work on this complex case.
He discussed the many hours of work done on this case and the generosity of staff with
their time. He stated this project was a very unique urban environmental project. He
said the teams of consultants where all experts in their fields. He added he considers it
30
an honor to have worked on this project because of the uniqueness of the project. He
stated this project met and exceeded all their expectations. He noted the city had
resisted the temptation to allow easy developments in this area. He commended the
city's vision for an employment center which will provide for the highest quality
development. He added that because of the development of Westgate and the
surrounding developments, the west area will continue to thrive. He also discussed the
first meeting on these projects with the neighborhoods, Planning Commission, Council
and interested parties. He stated the mandate was for the developers to address the
many concerns of the neighbors which had been done. He also addressed the many
improvements made by the developers, which were not their responsibility.
Mr. Curley discussed the environment they were trying to protect and develop.
He added 50% to 60% of the units built will be owned, rather than rented. He
discussed the unique organic farm and how it was an integral part of the entire project.
He reiterated it has been a pleasure working on this case.
Councilmember Clark commented there had been a lot of positive conversation
on this project because of the exceptional vision of the developers. She thanked Mr.
Curley and the applicant for all their work on this project and for their outstanding job.
Councilmember Clark asked for clarification on the amount of residential units in the
residential district. Mr. Curley stated it was a bit difficult to provide a precise number
because this project will take place over the course of eight to nine years. He added
they agreed to a maximum density cap of 850 units, which will be throughout the
complex. He said in each component they had established a maximum number of units
to be built in each district. Councilmember Clark asked for further clarification. Mr.
Curley explained the break down for each pad. Councilmember Clark questioned
because of the adoption of this pad, could it dictate that the roads stipulated on this
plan might not occur in the future. Mr. Curley stated the roads were engineered and
stipulated to fit all the external streets and right-of-way systems. He added the quad
layout was their best guess as to how this property would lay-out.
Councilmember Clark asked a question on open space. She read from the city's
review design standard, which stated it requires the intensity of development to be
supported by adequate utilities, transportation, drainage and common open spaces to
serve the development and minimize impact on existing or future developments. She
asked why this project was designed to have extra perimeter landscaping for its
corporate tenancy and not for the residents who will be living within this project. Mr.
Curley stated the residential component of this project is a relatively small component
from the neighborhood standpoint. He added this was not a typical suburban
environment where you have a big backyard; this was more of a corporate campus. He
noted there was enough viable open space, but it was a different type of open space,
urban as opposed to rural,
Councilmember Clark discussed the fact that the residential component cannot
be brushed off. She stated they do not know what the market might bring in the future;
however, there was a probability they could develop into apartments which families
31
would rent and have no open space for their children. She stated she was extremely
bothered by the developers ignoring the issue of family space. Mr. Curley stated when
the residential component starts development; there will be certain amenities such as
swimming pools and recreation areas. He explained this might not be the ideal place
for a family. However, there are thousands of apartments being developed in the
surrounding area which are built with the type of amenities required by families. He
said he understands Councilmember Clark's opinion; however, they were discussing
two different types of developments. He discussed other similar projects around the
state.
Councilmember Clark discussed the organic paved parking lot issue and asked if
they were willing to follow the dust ordinance. Mr. Curley stated they were prepared to
follow any stipulation on this issue.
Councilmember Clark commented on the tower and its height, which would make
the project iconoclastic, or unconventional. She discussed the height of the tower being
extremely tall, even compared with other large and tall buildings. She showed the
audience a picture of the tower superimposed in front of the stadium to compare
heights. She said she was concerned about how this tower would look in the midst of
residences, as well as apartments in Westgate and Zanjero. She said the height was
inappropriate. She added she believes height does not create iconoclasm, but rather
the quality, design and the tenancy of the building do. Mr. Curley agreed the height
could be seen as inappropriate at some locations, however, believes this location was
appropriate and was an opportunity for the city to have a signature building to be a
beacon for the entire west side.
Councilmember Goulet stated he appreciated Mr. Curley's comments on the extensive
amount of meetings held on this issue. He asked for Mr. Curley to summarize how the
residents felt about the project. Mr. Curley discussed the importance to the residents of
deterring street traffic from 95th Avenue and how it had been addressed to their
satisfaction. He stated it was his understanding that the majority of the neighborhood
was in support of the concept.
Mayor Scruggs opened the public hearing on Agenda Items No. 22 and 23.
Mr. Robert Riester stated he was in support of this application. He said he did
not have a problem with the height of the tower and added none of the neighbors on his
side of the street did either. He thanked Mr. Curley and his associates who worked
hard to ensure his neighborhood had a voice and all their concerns had been
addressed. He added the photo Councilmember Clark provided to show how tall the
tower would be in relation to the stadium actually dwarfed the tower in his view. He
added the stadium has become an icon and the whole area was destined to become
one as well.
Mayor Scruggs thanked Mr. Riester for his continued involvement in this project
and seeing it though.
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Ms. Margery Beaty stated her community started this journey last September.
She said it has gone through many phases, but through it all there has been a general
feeling of anticipation and excitement for this project. She explained they were looking
forward to the streets' closure and the security being offered. She noted she supports
both agenda items, especially the closure of their neighborhood to 95th Avenue.
Mayor Scruggs thanked Ms. Beaty for her continued involvement in this project
and working through issues.
Ms. Catherine Daye stated she has lived in the area for 34 years. She explained
there was a mixture of feelings associated with this project. She said some do not like
the developments, while others are very excited with the prospect. She said the biggest
problem was the traffic issue which has been addressed. She thanked the applicant for
his help in this matter and stated the community was very appreciative.
Mayor Scruggs thanked Ms. Daye for her involvement in this project.
Ms. Chris John stated support of this application. She stated she has been a in
the neighborhood for 20 years and the community has had a good experience in
dealing with the applicant and developers. She explained these developers were willing
to listen and understand their point of view and help resolve it. She thanked the city
staff for all their work on this project. She said they were all very excited to be a part of
this unique and distinct project.
Mayor Scruggs thanked Ms. John for her role and all her efforts to ensure her
neighborhood's concerns were heard.
Ms. Cynthia Halsey stated her support for this application. She thanked the city
staff for working closely with the neighborhood. She also thanked Mr. Curley and his
staff. She commented on Councilmember Clark's help with several of the
neighborhood's issues and stated she was extremely thankful. She also apologized to
Councilmember Clark for adding any unnecessary hardship to her when she was only
doing her job in finding out what was best for the community. She added she agrees
with Councilmember Clark to stay away from developing apartments because it could
attract a negative clientele.
Mayor Scruggs thanked Ms. Halsey for her involvement and comments.
Mr. Leonard Clark stated although he does not live adjacent to this community,
he was in agreement with the project. He noted he was also in agreement that the
residential aspect of this project deserves additional open space. He thanked city staff
and the applicant for all their work on this project.
Mayor Scruggs thanked everyone for speaking here tonight.
Mayor Scruggs closed the public hearing.
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Mayor Scruggs asked for any additional comments from Council.
Councilmember Goulet thanked all the residents involved in this process, as well
as Mr. Curley and city staff. He expressed his personal gratitude to Mr. Curley and his
staff who have always been very professional and very prepared. He thanked him for
his attention to detail and for listening to the community's concerns on this very unique
project. He said this was a very exciting project and was extremely happy it was
coming to Glendale.
Vice Mayor Martinez discussed the uniqueness of this project. He said it had
started with a lot of concerns; however, they have been addressed and worked through.
He added staff will continue to monitor this project as they do all others and hopes it
moves forward smoothly. He commented on the limited open space in the residential
area and noted everyone has a choice about where to live; if this location was not
suited for a family, they could easily choose from thousands of more suitable options.
He added this development was an excellent project to bring 23,000 jobs into the area.
He thanked city staff, as well as Mr. Curley.
Councilmember Knaack commented on this cutting edge project and thanked the
applicant for having faith in the city of Glendale to make this project a reality. She
thanked Mr. Curley and city staff for all their work on this project.
Councilmember Lieberman stated this project had been worked on for a
tremendous amount of hours. He said this was a very unique project and he will
support it in part because the adjacent communities were in favor of it. He explained
that what has been done on this project, with so many people coming together for
something which has never been done before, is truly amazing. He stated he
appreciated everything done and was also proud of the neighborhood for the way they
had come together to work on this project.
Councilmember Clark stated she will support this project in part because this
project means a lot to the Pendergast neighborhood. She said she will also support it
because of the many jobs which will be brought into the area. She discussed the
stipulations that will be read into the record. She said she believes they will help this
project rather than hinder it.
Councilmember Clark made individual motions to include the following
stipulations: 1) The maximum number of allowed residential units in CBD 101 shall be
500 units. 2) CBD 101 will include one acre for active open space to satisfy the needs
of the residential community within it. 3) When the applicant is ready to move forward
with building the proposed tower, the City of Glendale Planning Department will review
the applicant's final proposed building height and forward a recommendation regarding
the appropriate height to the City Council for final approval.
Mayor Scruggs stated the stipulations have failed due to the lack of a second to
Councilmember Clark's motions.
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Mayor Scruggs stated she would like to make several comments on this project.
She said she too wanted to express her appreciation to everyone involved in this
process. She stated this project was not only a very complex case, but also was a
project that will establish a new employment center in Glendale, as well as a distinctive
destination for the entire valley. She explained she believed additional stipulations
were not needed because this project has been examined from every possible angle by
numerous people. She added by trying to take it''apart at this point and make changes
could hinder the project and believes changes were not appropriate at this point. She
also discussed the open space issues as they related to other communities and stated
people usually know where and what they are buying. She commented Ms. Perry
mentioned she had never seen an application as thorough and complete as this one.
She said it speaks to the work done by the many people involved. She stated she felt
very proud to support this project and believes it will add to the changes happening
throughout the year in Glendale. She said they had gone from people saying, "why
Glendale?" to "why not Glendale?".
Resolution No. 4144 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 GENERAL PLAN MAP OF THE CITY OF
GLENDALE, ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA07-08
FOR PROPERTY LOCATED AT 9501 WEST BETHANY HOME ROAD.
It was moved by Goulet, and seconded by Martinez, to pass, adopt and
approve Resolution No. 4144 New Series. The motion carried unanimously.
Ordinance No. 2629 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 9501 WEST BETHANY
HOME ROAD FROM A-1 (AGRICULTURAL DISTRICT) TO PAD (PLANNED AREA
DEVELOPMENT DISTRICT); AMENDING THE ZONING MAP; AND PROVIDING FOR
AN EFFECTIVE DATE.
It was moved by Knaack, and seconded by Martinez, to approve Ordinance
No. 2629, New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez and
Scruggs. Members voting "nay": none.
Ordinance No. 2630 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 9551 WEST BETHANY
HOME ROAD FROM A-1 (AGRICULTURAL) TO PAD (PLANNED AREA
DEVELOPMENT); AMENDING THE ZONING MAP; AND PROVIDING FOR AN
EFFECTIVE DATE.
35
It was moved by Clark moved, and seconded by Lieberman to include the
following stipulation that the parking lot located at the far south end of Organic
101 shall have approved dust control per the City of Glendale ordinance
Mayor Scruggs asked for any discussion on the motion.
Councilmember Lieberman stated the dust control issue would have to be
addressed at some point. He stated they might be duplicating the restrictions with
adding a stipulation at this time, but he personally believes it is a good stipulation.
Councilmember Clark explained her concerns centered on the narrative stating
this would be an unpaved parking. She stated it may mean it will be done with
something other than asphalt; however, it was not clearly stated.
Mayor Scruggs asked Mr. Jon Froke to comment on this issue. Mr. Froke stated
he believes the stipulation was not necessary, however, if Council wishes to add the
stipulation for future staff and technical review, they were in agreement. He explained
they will continue to review all components of the design, through the design review
process, whether it be landscaping, setbacks or building heights and so forth. Mayor
Scruggs asked if adding this stipulation would cause additional problems. Mr. Froke
stated it would not.
Councilmember Clark asked to withdraw the motion based upon Mr.
Froke's stated assurances.
It was moved by Knaack, and seconded by Martinez, to approve Ordinance
No. 2630 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Martinez, Knaack, and
Scruggs. Members voting "nay": none.
ORDINANCES
24. IRRIGATION AND PUBLIC UTILITY EASEMENT ABANDONMENT: EAST OF
65TH DRIVE, NORTH OF SWEETWATER ROAD
Mr. Larry J. Broyles, P.E., City Engineer, presented this item.
This is a request for the City Council to adopt an ordinance abandoning any and
all interest the city may have in an irrigation and public utility easement located along
the east side of seven lots on 65th Avenue north of Sweetwater Road.
A property owner in the Thunderbird Acres Unit 1 subdivision has requested that
an irrigation and public utility easement, recorded as part of the subdivision plat in
1963, be abandoned. At the time the subdivision was platted, there was a 50 foot wide
Santa Fe Railway Company right-of-way abutting the east edge of Lots 31 through 37.
The railroad has since abandoned its right-of-way, conveying it to the adjacent property
36
owners. As a result, the easements that used to lie along the east property line of
these lots now falls 50 feet from the rear lot line. This location of the easement makes
the property less functional and limits the potential exterior improvements possible on
the site.
Salt River Project has stated that the irrigation and public utility easement is a
private one, that it has no interest in the easement, and has no objection to abandoning
the easement. The property owner attests he has received written assurances from
other utility companies servicing the area that there are no facilities within the easement
area and no objection to the abandonment of the easement. The city has never utilized
the easement area and there has been no objection to this abandonment from any
other city departments.
The recommendation was to waive reading beyond the title and adopt an
ordinance abandoning any and all interest the city may have in an irrigation and public
utility easement located along the east seven lots on 65th Avenue north of Sweetwater
Road.
Ordinance No. 2631 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 ANY AND ALL
INTEREST THE CITY MAY HAVE IN AN IRRIGATION AND PUBLIC UTILITY
EASEMENT LOCATED ALONG THE EAST SIDE OF LOTS 31 THROUGH 37,
THUNDERBIRD ACRES UNIT 1, LOCATED EAST OF 65TH DRIVE, NORTH OF
SWEETWATER 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 Lieberman, and seconded by Clark, to approve Ordinance
No. 2631 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Martinez, Knaack, and
Scruggs. Members voting "nay": none.
25. STANDARD LEASE AGREEMENTS FOR THE BANK OF AMERICA PLAZA
BUILDING AND PARKING GARAGE RETAIL SPACE
Mr. Larry J. Broyles, P.E., City Engineer, presented this item.
This is a request for the City Council to adopt an ordinance approving standard
lease agreements for office suites in the Bank of America Plaza building and retail
suites in the new parking garage structure, also known as Promenade at Palmaire, on
Palmaire Drive.
37
The Council approved standard leases for both the Bank of America Plaza
building and the Promenade at Palmaire in December of 2007. Since that time,
however, the different needs of potential tenants of the Promenade at Palmaire, as well
as new direction from the City Attorney's office regarding contracts of this type, has
resulted in the need to modify some of the language of the standard leases.
NAI Horizon, the company currently under contract to manage the Bank of
America Plaza and parking garage structure for the city, uses the approved standard
lease agreements to negotiate new and renewal leases on behalf of the city. Approved
standard agreements ensure that the terms of the lease agreements remain the same
from tenant to tenant, requiring payment of similar annual base rental rates and
payment of a proportionate share of common area expenses. Based on market studies
conducted from time to time, NAI Horizon negotiates each lease for rates that reflect
fair market prices. Approving the two master lease agreements, one for office space at
the Bank of America Plaza building and one for the retail space in the new parking
structure, will enable the city, through its agent NAI Horizon, to more quickly respond to
market demands and potential tenants, and would give the City Manager authority to
sign the lease at the negotiated terms.
With real estate agreements, "time is of the essence". The more streamlined the
leasing process is, and the more flexibility provided to clients, the sooner the city will be
able to lease available space at competitive market rates and the more likely the city
will be able to attract and retain good tenants in the downtown area.
The City Council approved a standard lease agreement form for the Bank of
America Plaza office building on June 24, 2003. The City Council approved standard
lease agreements for the Bank of America Plaza office building and Promenade at
Palmaire, the retail component of the new downtown parking garage structure, on
December 11, 2007. During negotiations with prospective tenants of the Promenade at
Palmaire and through City Attorney review processes, a need to modify the most
recently approved agreements has been identified.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute all documents necessary for future
Bank of America Plaza building office leases and retails suites in the new parking
garage structure, also know as Promenade at Palmaire, that use the approved master
lease agreement forms.
Ordinance No. 2632 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, APPROVING STANDARD LEASE AGREEMENTS FOR THE
BANK OF AMERICA PLAZA BUILDING AND PROMENADE AT PALMAIRE
(PARKING GARAGE) RETAIL SPACE.
38
It was moved by Martinez, and seconded by Knaack, to approve Ordinance
No. 2632 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, and
Scruggs. Members voting "nay": none.
26. EXTENDED OCCUPANCY AGREEMENT FOR RICHARD ACORD/HOND
ACORD LLC FOR THE GO TRANSPORTATION PROGRAM
Mr. Jamsheed Mehta, AICP, Transportation Director, presented this item.
This is a request for the City Council to adopt an ordinance to authorize the
execution of an extended occupancy agreement (EOA) with Richard Acord/Hond Acord
LLC for property located at 5728 NW Grand Avenue.
One of the Council's goals is a city with high-quality services for citizens.
Improving and providing transportation options within the city will assist in achieving this
goal. Grand Avenue improvements relate to the goal of one community with quality
economic development and planned improvements will advance this goal by converting
remnant properties to be placed in the highest and best use. One community with a
vibrant city center is a Council goal that will be achieved by improving the appearance
of Grand Avenue for visitors to downtown Glendale.
The acquisition of the Williams property located at the southeast corner of Grand
Avenue and 57`h Drive was approved by the Council in October of 2007. The Richard
Acord/Hond Acord LLC business is a business tenant that will be relocated from this
property. The city obtained title to this property upon close of escrow on December 21,
2007. An extended occupancy agreement is now needed to specify monthly rental
payments, relocation benefits, and timing for the business to vacate the property.
The lease rate for Richard Acord/Hond Acord LLC is $1,700 per month. If
necessary, the city will allow the lessee to remain until June 30, 2008, while the
business is relocated.
The Design Concept Study for Grand Avenue was completed in 2003. After the
voters of Maricopa County approved additional funds for Grand Avenue in 2004, the
Maricopa Association of Governments completed the Grand Major Investment Study,
Phase II. Both studies recommended street improvements for access control and
beautification. Given the limited right-of-way along Grand Avenue and numerous
driveways, all improvements along Grand Avenue require additional right-of-way.
The current project is a joint effort between ADOT and the City of Glendale.
Glendale responsibilities are focused on right-of-way acquisition and ADOT will design
and build the improvements.
39
On October 23, 2007, the Council approved the acquisition of the Williams
property located at the southeast corner of Grand Avenue and 57t" Drive. Funding for
relocation of existing tenants on this property was included in the property acquisition.
On October 9, 2007, the Council approved the preparation of a Design Concept
Report by DMJM Harris for Grand Avenue between 43`d and 71st Avenues in the
amount of $1,265,113. At this meeting, the Council also authorized an
intergovernmental agreement with ADOT to complete this Design Concept Report. The
city will take the lead in the Design Concept Report for Grand Avenue improvements
and ADOT will reimburse Glendale for the design costs.
On July 15, 2003, the Council reviewed and provided direction on the proposed
Grand Avenue improvements.
In November of 2001, Glendale voters approved roadway spot improvements on
Grand Avenue.
Proposed improvements on Grand Avenue will help improve traffic flow, enhance
safety, improve street lighting, and improve the appearance of Grand Avenue including
landscaping, sign upgrades, sidewalks, and the under-grounding of utilities.
The proposed improvements on Grand Avenue have been presented at each of
the annual GO Program public meetings since 2003.
A public meeting in Glendale was conducted by MAG staff in November of 2004
to receive comments on the draft Grand Avenue MIS, Phase II Report.
Two public meetings were held specifically for Grand Avenue on July 24, 2003
and September 10, 2003.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an extended occupancy agreement
with Richard Acord/Hond Acord LLC.
Ordinance No. 2633 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AN EXTENDED OCCUPANCY AGREEMENT WITH
RICHARD ACORD dba HOND ACORD LLC FOR PROPERTY LOCATED AT 5728
NW GRAND AVENUE, SUITE 2, GLENDALE, ARIZONA.
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2633 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Martinez, Knaack, and
Scruggs. Members voting "nay": none.
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27. EXTENDED OCCUPANCY AGREEMENT FOR OCOTILLO WEST
AUTOMOTIVE FOR THE GO TRANSPORTATION PROGRAM
Mr. Jamsheed Mehta, AICP, Transportation Director, presented this item.
This is a request for the City Council to adopt an ordinance to authorize the
execution of an extended occupancy agreement with Ocotillo West Automotive for
property located at 5728 NW Grand Avenue.
One of the Council's goals is a city with high-quality services for citizens.
Improving and providing transportation options within the city will assist in achieving this
goal. Grand Avenue improvements relate to the goal of one community with quality
economic development and planned improvements will advance this goal by converting
remnant properties to be placed in the highest and best use. One community with a
vibrant city center is a Council goal that will be achieved by improving the appearance
of Grand Avenue for visitors to downtown Glendale.
The acquisition of the Williams property located at the southeast corner of Grand
Avenue and 57th Drive was approved by Council in October 2007. The Ocotillo West
Automotive business is a business tenant that will be relocated from this property. The
city obtained title to this property upon close of escrow on December 21, 2007. An
extended occupancy agreement is now needed to specify monthly rental payments,
relocation benefits, and timing for the business to vacate the property.
The lease rate for Ocotillo West Automotive is $1,700 per month. If necessary,
the city will allow the lessee to remain until June 30, 2008 while the business is
relocated.
The Design Concept Study for Grand Avenue was completed in 2003. After the
voters of Maricopa County approved additional funds for Grand Avenue in 2004, the
Maricopa Association of Governments completed the Grand Major Investment Study,
Phase II. Both studies recommended street improvements for access control and
beautification. Given the limited right-of-way along Grand Avenue and numerous
driveways, all improvements along Grand Avenue require additional right-of-way.
The current project is a joint effort between ADOT and the City of Glendale.
Glendale responsibilities are focused on right-of-way acquisition and ADOT will design
and build the improvements.
On October 23, 2007, the Council approved the acquisition of the Williams
property located at the southeast corner of Grand Avenue and 57`h Drive. Funding for
relocation of existing tenants on this property was included in the property acquisition.
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On October 9, 2007, the Council approved the preparation of a Design Concept
Report by DMJM Harris for Grand Avenue between 43rd and 71st avenues in the
amount of $1,265,113. At this meeting, Council also authorized an Intergovernmental
Agreement with ADOT to complete this Design Concept Report. The city will take the
lead in the Design Concept Report for Grand Avenue improvements and ADOT will
reimburse Glendale for the design costs.
On July 15, 2003, the Council reviewed and provided direction on the proposed
Grand Avenue improvements.
In November of 2001, Glendale voters approved roadway spot improvements on
Grand Avenue.
Proposed improvements on Grand Avenue will help improve traffic flow, enhance
safety, improve street lighting, and improve the appearance of Grand Avenue, including
landscaping, sign upgrades, sidewalks, and the under-grounding of utilities.
The proposed improvements on Grand Avenue have been presented at each of
the annual GO Program public meetings since 2003.
A public meeting in Glendale was conducted by MAG staff in November of 2004
to receive comments on the draft Grand Avenue MIS, Phase II Report.
Two public meetings were held specifically for Grand Avenue on July 24, 2003
and September 10, 2003.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute an extended occupancy agreement
with Ocotillo West Automotive.
Ordinance No. 2634 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AN EXTENDED OCCUPANCY AGREEMENT WITH
OCOTILLO WEST AUTOMOTIVE FOR PROPERTY LOCATED AT 5728 NW GRAND
AVENUE, SUITE 1, GLENDALE, ARIZONA.
It was moved by Goulet, and seconded by Lieberman, to approve
Ordinance No. 2634 New Series. Motion carried on a roll call vote, with the
following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack,
Martinez, and Scruggs. Members voting "nay": none.
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REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Martinez, and seconded by Lieberman, to hold (1) a City
Council Budget Workshop at 8:30 a.m. in Room B-3 of the City Council Chambers
on Tuesday, April 15, 2008, (2) a regularly scheduled Workshop at 1:30 p.m. in
Room B-3 of the City Council Chambers on Tuesday, April 15, 2008, and (3) a City
Council Budget Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers
on Tuesday, April 22, 2008, all Workshops to be followed by an Executive Session
pursuant to A.R.S. 38-431.03.
MOTION TO EXCUSE COUNCILMEMBER FRATE
It was moved by Martinez, and seconded by Clark, to excuse
Councilmember Frate from tonight's Council meeting. The motion carried
unanimously.
CITIZEN COMMENTS
Mr. Leonard Clark, a Barrel resident, thanked City Council for their vision and
goal setting for the city. He said the city continues to develop and expand for the
better. He said city planning has been great because they have incorporated the many
changes occurring in Glendale. He also thanked the U.S. Marines and law enforcement
who keep the country protected. He discussed his concerns regarding road rage.
Mayor Scruggs thanked Mr. Clark for his comments and continued interest in the
city.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark thanked everyone for their patience's throughout this very
long meeting this evening.
Councilmember Goulet reminded everyone about the Jazz Festival in downtown
Glendale this weekend. He encouraged everyone to attend.
Councilmember Lieberman also encouraged everyone to attend the Jazz
Festival. He said Gibson was one of the sponsors and they will have a large display of
musical instruments available for viewing.
Vice Mayor Martinez invited everyone to his neighborhood meeting tomorrow
evening at Cooper Creek Elementary School at 6:30 p.m.
Councilmember Knaack invited the Barrel district residents to her next Barrel
Town Talk this Thursday, at the Adult Center on Brown Street at 6:30 p.m.
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Mayor Scruggs thanked everyone for their interest in the Glendale city
government and for their continued interest in the city.
ADJOURNMENT
There being no further business, the meeting was adjourned at 10:45 p.m.
I
'7amela HaLa -City Clerk
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