ORDINANCES AND RESOLUTIONS
DISTRICT 2
AMEND ZONING CODE - REZONING APPLICATION -
Z-83-08-2
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-83-08-2 for the PUD (Planned Unit Development) zoning district located at the northwest corner of 37th Street and Greenway Road.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 5
ORDINANCE G-5422 -
AMEND ZONING CODE - REZONING APPLICATION -
Z-SP-8-09-5
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-SP-8-09-5 for the R-5 SP (Multiple-Family Residence Special Permit) zoning district to allow general public dental services in addition to the existing Special Permit for a special education facility to train physically handicapped individuals and all underlying R-5 uses located north of the northeast corner of 27th Avenue and McLellan Boulevard.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 7
ORDINANCE G-5423 -
AMEND ZONING CODE - REZONING APPLICATION -
Z-37-09-7
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-37-09-7 for the C-1 (Neighborhood Retail) zoning district located at the northeast corner of North 16th Street and East Almeria Road.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 7
ORDINANCE G-5424 -
AMEND ZONING CODE - REZONING APPLICATION -
Z-41-09-7
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-41-09-7 for the R1-8 (Single-Family Residence) zoning district located at the southeast corner of Alta Vista Road and 39th Avenue.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 7
ORDINANCE G-5425 -
AMEND ZONING CODE - REZONING APPLICATION -
Z-44-09-7
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-44-09-7 for the R1-6 (Single-Family Residence), R-2 (Multiple-Family Residence), and C-1 (Neighborhood Retail) zoning districts on a portion of Southern Avenue right-of-way between 41st Avenue and 44th Avenue.
This item is recommended by Mr. Cavazos and the Planning Department.
DISTRICT 8
ORDINANCE G-5426 -
AMEND ZONING CODE - REZONING APPLICATION -
Z-32-09-8
Request to authorize the City Manager to amend the Phoenix Zoning Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning Application Z-32-09-8 for the MUA BAOD (Mixed-Use Agricultural Baseline Area Overlay District) zoning district located approximately 120 feet east of the southeast corner of 29th Way and Baseline Road.
This item is recommended by Mr. Cavazos and the Planning Department.
CITYWIDE
ORDINANCE S-36531 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
This requests continuing payment authority, up to amounts indicated, for the following contracts and/or bids awarded:
$
50,000.00
p)
To Big Burrito, Inc. and/or Assignee(s) to provide displacement relocation assistance as a part of the Light Rail Transit Northwest Extension Project for the Public Transit Department by the Finance Department.
610,500.00
q)
To Brenntag Pacific, Inc., Chandler, to exercise an option to extend, originally approved on March 19, 2008, to continue to supply hydrofluosilicic acid on an as-needed basis under Agreement P-08667-09 awarded by IFB 08-134 for the Water Services Department.
121,000.00
r)
To DC Frost Associates, Inc., Walnut Creek, CA, to exercise an option to extend, originally approved on February 6, 2008, to continue to supply various ultraviolet disinfection system replacement parts under Agreement P-08644-09 awarded by RFA 08‑028 for the Water Services Department.
19,698.00
s)
To Lorenzo and Diana Serrano and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
$
18,366.60
t)
To Rafael Fierros A. and/or Assignee(s) to provide displacement relocation assistance as a part of the Community Noise Reduction Program for the Aviation Department by the Finance Department.
$
1,179,078.01
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36532 -
PAYMENT ORDINANCE
Request to authorize the expenditure of public money for payment of claims against the City of Phoenix.
$
43,428.00
a)
To Brown and Caldwell, Inc. for Change Order 10, Contract 120586, Project WS85500310. Staff initiated the Change Order(s) for additional professional services required as part of the Zone 1, 1a, and 2 Water Infrastructure Improvements Program Management Project for the Water Services Department, increasing the cost to $2,304,177. The amount of the original contract is $1,866,237 and the total project budget is $63,659,825 of which $55,409,570 is budgeted for construction. The project is 90 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
41,827.20
b)
To Engineering Alliance, Inc., Tempe, for Change Order 1, Contract 124528, Project WS85500355. Staff initiated the Change Order(s) for additional professional services required as part of the Water Main Replacement Area bounded by: McDowell Road to Encanto Boulevard - 15th Avenue to 7th Avenue Project for the Street Transportation Department, increasing the cost to $279,700. The amount of the original contract is $237,873 and the total project budget is $2,517,100 of which $2,000,000 is budgeted for construction. The project is 40 percent complete. The Budget and Research Department has confirmed the availability of budgeted CIP funds for the Change Order(s).
$
85,255.20
This item is recommended by Ms. Osuna and the Finance Department.
CITYWIDE
ORDINANCE S-36533 -
AWARD OF BILLBOARD LEASE AT SKY HARBOR AIRPORT TO AMERICAN OUTDOOR ADVERTISING
Request authorization for the City Manager, or his designee, to enter into a lease agreement with American Outdoor Advertising for the billboard concession location at 2502 Old Tower Road.
The Aviation Department (Aviation) released a Request for Proposals (RFP) on May 8, 2009, to replace and manage the billboard at 2502 Old Tower Road. A panel reviewed four proposals and unanimously recommended American Outdoor Advertising.
The lease term will be ten years. American Outdoor Advertising will pay the greater of a Minimum Annual Guarantee (MAG) or 60 percent of annual gross sales (Percentage Rent) as rent. For the first year of the lease, the MAG will be $150,000. In each subsequent year of the lease, the MAG shall be adjusted based upon either 75 percent of the prior year's annual rent payment or 100 percent of the first lease year's MAG, whichever is greater.
1.
The lease term may be extended to 20 years if American Outdoor Advertising installs a digital billboard approved by Aviation and the Federal Aviation Administration. Should a digital billboard be installed, American Outdoor Advertising shall pay MAG or 60 percent of annual gross sales, whichever is greater. For the first lease year, the MAG will be $180,000. Thereafter, the MAG shall be adjusted based upon either 75 percent of the prior year's annual rent payment or 100 percent of the first year's MAG, whichever is greater.
American Outdoor Advertising is eligible to do business with the City through June 10, 2011, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the lease and failure to do so may result in termination of the lease.
This item was approved by the Phoenix Aviation Advisory Board on August 20, 2009.
This item is also recommended by Mr. Krietor and the Aviation Department.
DISTRICT 3
ORDINANCE S-36534 -
ST85110069 - GREENWAY PARKWAY BRIDGE AT CAVE CREEK WASH - DESIGN SERVICES
Request to authorize the City Manager to enter into an agreement with Gannett Fleming, Inc. to provide design services for the Greenway Parkway Bridge at Cave Creek Wash project located at Greenway Parkway and Cave Creek Wash just east of 17th Avenue. The estimated construction cost is $5.98 million. This further authorizes the City Controller to disburse the funds.
Gannett Fleming, Inc. was chosen for this project using a qualifications-based selection process authorized by Section 34-603 of the Arizona Revised Statutes. Based on this selection process, Gannett Fleming, Inc. was determined to be the most qualified firm to provide the required services for this project.
Additionally, request to authorize the City Manager to take all action, as may be necessary or appropriate, and to execute all utilities-related design and construction agreements, licenses, permits, and requests for utility services relating to the development, design, and construction of the project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads, and other modes of transportation. This authorization excludes any transaction involving an interest in real property.
The Consultant's fee for all services under this contract shall not exceed $724,765.71 including all subconsultant and reimbursable costs.
Although no Minority/Women/Small Business Enterprise/Disadvantaged Business Enterprise (M/W/SBE/DBE) utilization goals are set on professional services contracts in support of the City's capital construction program, firms are strongly encouraged to utilize certified M/W/SBE/DBE firms where possible. Gannett Fleming, Inc. will subcontract to the following certified firms in performing the required contract services:
Premier Engineering Corporation
MBE/SBE
$37,616.37
A Dye Design
SBE/WBE/DBE
$29,897.19
Financial Impact
Funding in the amount of $724,765.71 is available in the Street Transportation Department's Capital Improvement budget using Arizona Highway User Revenue.
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until December 23, 2009, by its compliance with the affirmative action requirements of the City Code, Chapter 18, Article V. The firm is responsible for maintaining its eligibility during the life of the contract and failure to do so may result in termination of the contract.
This Council award is subject to execution of the agreement by all of the parties.
The Street Transportation Department concurs with this request.
This item is also recommended by Mr. Zuercher and the Engineering and Architectural Services Department.
DISTRICT 5
ORDINANCE S-36535 -
AMEND ORDINANCE S-36368 - ACQUISITION OF FIVE PARCELS LOCATED ALONG 35TH AVENUE - LAMAR ROAD AND GLENDALE AVENUE - LAMAR ADA SIDEWALK
Request to amend Ordinance S-36368 adopted July 1, 2009, which authorized the acquisition of all or portion of five improved or vacant parcels located along 35th Avenue between Lamar Road and Glendale Avenue for the Lamar Americans with Disabilities Act Sidewalk project.
The amendment is needed to add the legal description of one parcel and to authorize acquisition by purchase within the appraised value or by the power of eminent domain.
Citizen Notification
Funding, if needed, for this project is available through the Street Transportation Department's 2009-10 Capital Improvement Program budget using 2006 Street Improvement Bonds.
Citizen Notification
No public meetings have been held on this project.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICT 6
ORDINANCE S-36536 -
ACCEPTANCE OF AN EASEMENT FOR EMERGENCY SERVICE VEHICLE PURPOSES
Request to accept an easement for emergency service vehicle purposes and ordering the ordinance recorded.
District
Easement
(a)
STARWOOD PHOENICIAN CMBS I, LLC Easement is for emergency service vehicle purposes for property located at 6000 East Camelback Road. FN 080116
6
This item is recommended by Ms. Osuna and the Interim Finance Director.
DISTRICT 6
ORDINANCE S-36537 -
LICENSE AGREEMENT WITH SRP FOR THE USE OF A PORTION OF THE OLD CROSS CUT CANAL
Request authorization for the City Manager, or his designee, to enter into a license agreement with Salt River Project (SRP) for the use of a portion of the Old Cross Cut Canal located at 48th Street/Arcadia Drive and the Old Cross Cut Canal. The purpose of the license is to allow connection of the Arcadia Portal Trail at this location.
Further request authorization pursuant to Phoenix City Code §42-15(B) to indemnify, release, and hold harmless Salt River Project Agricultural Improvement and Power District (SRP), the Salt River Valley Water Users' Association, and the United States of America for: (a) acts or omissions of the City, its agents, officers, directors, or employees; (b) the City's use or occupancy of the licensed property for the purposes contemplated by the license, including but not limited to, claims by third parties who are invited or permitted onto the licensed property, either expressly or implied, by the City or by the nature of the City's improvement or other use of the licensed property pursuant to this license or by the nature of the City's improvement or other use of the licensed property pursuant to the license; and (c) the City's failure to comply with or fulfill its obligations established by the license or by law.
This license agreement will include the following terms and conditions:
Term of License:
The term of this license shall be for 25 years, beginning September 1, 2009 through August 31, 2034. License shall automatically renew for four extension terms, each for a period of ten years. Either party may terminate this license without cause upon written notice upon no less than 360 days written notice.
Compensation:
No financial compensation is due from the City. The City is responsible for reimbursement to Licensor for all federal, state, and local excise sales, privilege, gross receipts, and other similar taxes lawfully imposed on and paid by Licensor as a result of any license fees received by Licensor under this license.
Maintenance of Licensed Property:
The City, at its own expense, shall maintain all of the licensed property in reasonably good, sanitary, and safe condition.
Insurance:
The City will comply with the indemnification and insurance requirements contained in the license agreement.
The license may contain such other terms and conditions deemed necessary or appropriate by the City.
This further authorizes the City Controller to disburse the necessary funds or fees required for obtaining the license.
Affirmative Action
Salt River Project is eligible to do business with the City of Phoenix until October 21, 2009, by their compliance with the affirmative action requirements of the City Code, Chapter 18, Article VI or V. They are responsible for maintaining their eligibility during the life of the lease and failure to do so may result in termination of the contract.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICT 7
ORDINANCE S-36538 -
ACQUISITION OF ONE PARCEL FOR A STREET IMPROVEMENT PROJECT - LOWER BUCKEYE ROAD - 43RD AVENUE TO 35TH AVENUE
Request to authorize the City Manager, or his designee, to acquire fee title or lesser interest in all or portions of one improved or vacant parcel located on the northwest corner of Lower Buckeye Road and 43rd Avenue. This parcel is needed for the Lower Buckeye Road; 43rd Avenue to 35th Avenue Street Improvement project. Further request authorization to enter into short-term protective leases to minimize relocation costs and temporary occupancy agreements to allow occupants time to relocate, as may be necessary to and in furtherance of, this ordinance.
Acquisition is to be by donation, purchase within the City's appraised value, or by the power of eminent domain.
Further authorizing the City Controller to disburse funds to purchase the property within the City's appraised value, plus usual and customary closing costs, and to accept and disburse funds for the referenced leases and agreements.
Financial Impact
Funds are available in the Street Transportation Department's Capital Improvement Arizona Highway User Revenue (AHUR) budget to cover the expenses for the purchase of this property.
Citizen Notification
No public meetings have been held, and there are no plans for any public meetings for this project.
This bears the recommendation of the Street Transportation Director and the Deputy Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICTS 8 AND
OUT OF CITY
ORDINANCE S-36539 -
ACCEPTANCE AND DEDICATION OF EASEMENTS FOR PUBLIC USE
Request to accept easements for avigation purposes; ordering the ordinance recorded and dedicating to public use the properties described therein.
District
Limited Avigation Easement
(a)
MARIA O. MURIETTA Easement is for avigation purposes for property located at 127 West Mohave Street.
8
Limited Avigation Easement
(b)
KERRI ROTH AND KENT R. BREWER Easement is for avigation purposes for property located at 1015 East Henry Street.
Out of City
This bears the recommendation of the Aviation Director and the Interim Finance Director.
This item is also recommended by Mr. Zuercher.
DISTRICTS 4, 7,
AND 8
ORDINANCE S-36540 -
FUNDING RECOMMENDATIONS FOR HISTORIC PRESERVATION EXTERIOR REHABILITATION PROGRAM - EMERGENCY CLAUSE
Request to authorize the City Manager to enter into contracts awarding a total amount of $82,887 in 2001 Historic Preservation Bond funds for 12 exterior rehabilitation grant projects, and to authorize the City Controller to disburse the necessary funds.
The Historic Preservation Office received a total of 16 applications for funding under the June 3, 2009, Exterior Rehabilitation Program application round. Projects are competitively scored based on criteria that best reflect City historic preservation and neighborhood revitalization goals. Five of the twelve applications recommended for funding are located in historic districts where the median housing value is at or below 115 percent of the median house value for Maricopa County. The projects will be matched 50-50 with private funds from the property owners. In return for receiving these funds, the property owners will dedicate a 15-year Deed of Conservation Easement to the City of Phoenix.
The 12 applications recommended for funding represent eight different historic districts as follows:
●
Erika Bell, $8,005, 925 West Heatherbrae Drive, Woodlea Historic District (Council District 4)
●
Walter Coffman, $8,344, 330 West Turney Avenue, Yaple Park Historic District (Council District 4)
●
Mary Christine Jackson and Kevin P. Tyne, $8,760, 937 West Campus Drive, Campus Vista Historic District (Council District 4)
●
Nicki M. Kirkeby, $6,945, 1539 West Mulberry Drive, North Encanto Historic District (Council District 4)
●
Charles and Kelcy Layton, $3,649, 3015 North 18th Avenue, North Encanto Historic District (Council District 4)
●
Paula Vaughn, $9,630, 535 West Hazelwood Street, Pierson Place Historic District (Council District 4)
●
LaRoy J. Loe, $4,704, 118 West Pierson Street, Pierson Place Historic District (Council District 4)
●
John Michael and Nancy Sanders, $4,554, 3002 North 16th Drive, North Encanto Historic District (Council District 7)
●
Ron Seidman and Eric Sellen, $3,886, 712 West Lewis Avenue, Encanto Vista Historic District (Council District 7)
●
Donald H. and Judith S. Soukup Revocable Trust, $9,950, 1141 West Willetta, F. Q. Story Historic District (Council District 7)
●
Jo Ellen Surridge, $4,460, 718 West Lewis Avenue, Encanto Vista Historic District (Council District 7)
●
EAR Houses, LLC, $10,000, 928 North 8th Street, Garfield Historic District (Council District 8)
Financial Impact
These projects will use up to $82,887 in available 2001 Historic Preservation Bond funds.
Emergency Clause Justification
An emergency clause is requested because the award amounts are based on contractor bids with an expiration date, after which time the prices will increase.
On August 17, 2009, the Historic Preservation Commission recommended approval of this request. The Housing and Neighborhoods Subcommittee recommended approval for these projects at their September 9, 2009 meeting.
This item is also recommended by Ms. Osuna and the Historice Preservation Office.
CITYWIDE
ORDINANCE S-36541 -
ENERGY PERFORMANCE AUDIT CONTRACT WITH AMERESCO, INC.
Request authorization to contract with Ameresco, Inc. for the completion of an engineering study and investment grade technical energy and water efficiency audit, including a utility allowance schedule (Audit Contract), and to allocate up to $75,000 of funding for the Audit Contract. Authorization is also requested for the City Manager, or his designee, to execute all necessary documents; and for the City Controller to disburse the necessary funds.
The Housing Department (Department) issued a Request for Proposals for energy performance services on May 22, 2009, soliciting proposals from energy service companies to contract with the City to perform an investment grade energy audit, to identify measures that would improve the energy and water efficiency of certain of the City's housing properties, and to develop and present to the Department a proposed Energy Performance Contract (EPC). Based on its assessment of the audit, the recommended measures, and the proposed EPC; the Department may choose to enter into an EPC with Ameresco, Inc. to provide turnkey engineering, construction, training, and financial services to implement the recommended measures, and finance capital costs, including the original engineering study and investment grade audit, with utility savings generated by measures installed and guaranteed by Ameresco, Inc. If the Department determines that the proposed EPC is in the City's best interest, it will seek approval of the City Council, the Assisted Housing Governing Board (AHGB) and the United States Department of Housing and Urban Development (HUD) to enter into an EPC with Ameresco, Inc. If the Department chooses not to enter into an EPC with Ameresco, Inc., the engineering study and investment grade audit will be paid for through the Capital Fund Program.
Financial Impact
Funding is available in the Housing Department's Capital Improvement program using HUD Capital Grant funds. There is no impact on the General Fund.
This item is recommended by Mr. Naimark and the Housing Department.
CITYWIDE
ORDINANCE S-36542 -
AMEND CONTRACT 120400 AND ACCEPT DES SHELTER FUNDS
Request to authorize the City Manager to amend Intergovernmental Agreement (IGA) 120400 with the Arizona Department of Economic Security (DES) to accept funding in the amount of $43,976.45, for the first quarter of the contract period. The Human Services Department will utilize the funding to provide emergency shelter services through the Watkins Emergency Shelter Program for the period of July 1, 2009 through September 30, 2009.
Authorization is also requested for the City Controller to accept and disburse the necessary funds and pay all claims against the City associated with this IGA and contract agreement.
Program Impact
DES funding will assist the Human Services Department in providing emergency shelter to homeless women and families who are living on the streets.
Financial Impact
match is required for the State Emergency Shelter Grant funds in the amount of $3,720.50. General funds are available to meet the match requirement.
This item is recommended by Mr. Chan and the Human Services Department.
CITYWIDE
ORDINANCE S-36543 -
AMEND ORDINANCE S-34665 - 2007 COPS TECHNOLOGY - 700/800MHZ INCREASED CAPACITY
Request to amend Ordinance S-34665 to correct the funding amount for an agreement between the Phoenix Police Department and the United States Department of Justice, Office of Community Policing Oriented Police Services.
On December 19, 2007, the Council approved Request for Council Action 57543, Item 87, and issued Ordinance S-34665 authorizing the City Manager to execute a contract between the Police Department and the United States Department of Justice, Office of Community Policing Oriented Police Services to accept funds not to exceed $5,314,852.
An error (two transposed digits) in the grand total award amount listed within Ordinance S-34665 was recently discovered by the City Auditor. The total amount should have read $5,341,852. All other figures listed are correct.
No matching funds are required.
This item is recommended by Mr. Washington and the Police Department.
DISTRICT 6
RESOLUTION 20849 -
ABANDONMENT OF RIGHT-OF-WAY - V-090020A
Request to abandon the following right-of-way as it is no longer needed.
On July 8, 2009, the Abandonment Hearing Officer considered the application of John Julian to abandon the alley right-of-way bounded by Camelback Road, 49th Place, Exeter Boulevard, and Dromedary Road.
The Hearing Officer recommended approval of the adoption of the abandonment, subject to stipulations that have been satisfied.
Pursuant to Phoenix City Code Article 5, Section 31-64(e), the City acknowledges the public benefit received by the generation of additional revenue from the private tax rolls; by the elimination of third party general liability claims against the City, maintenance expenses, and undesirable traffic patterns; and by replatting of the area with new/alternate roadways and new development, as sufficient and appropriate consideration in this matter.
Following established review procedures, no objections to the Hearing Officer's recommendation have been received from City Council or other parties.
This item is recommended by Mr. Cavazos and the Development Services Department.
DISTRICT 7
RESOLUTION 20850 -
ABANDONMENT OF RIGHT-OF-WAY - V-090012A
Request to abandon the following right-of-way as it is no longer needed.
On April 22, 2009, the Abandonment Hearing Officer considered the application of Norman Skeens of Mayan Properties, Ltd to abandon the east four feet of the 6th Avenue right-of-way adjacent to the west property line of the parcel addressed 502 West Van Buren Street, from Van Buren Street, north approximately 78 feet; the north five feet of the Van Buren Street right-of-way from 6th Avenue eastward to the alignment of the east boundary of the north-south alley north of said parcel, and any portion of the 5th Avenue right-of-way easement dedicated by Ordinance S-14587 that is not within 35 feet of the 5th Avenue monument line.
The Hearing Officer recommended approval of the adoption of the abandonment, subject to stipulations that have been satisfied.
Pursuant to Phoenix City Code Article 5, Section 31-64(e), the City acknowledges the public benefit received by the generation of additional revenue from the private tax rolls; by the elimination of third party general liability claims against the City, maintenance expenses, and undesirable traffic patterns; and by replatting of the area with new/alternate roadways and new development, as sufficient and appropriate consideration in this matter.
Following established review procedures, no objections to the Hearing Officer's recommendation have been received from City Council or other parties.
This item is recommended by Mr. Cavazos and the Development Services Department.