Legislative Governmental Mall Commission annual report

              Annual
COMMITTEE lRJEPORT
LEGISLATIVE
GOVERNMENTAL MALL
COMMISSION
December 1995
Legislative Governmental Mall Commission
EXECUTIVE SUMMARY
The Legislative Governmental Mall Commission was established by Laws 1985, Chapter 23
to provide a mechanism for the orderly and beneficial development of the governmental mall area
while promoting the interest and welfare of this state. Subsequently, Laws 1995, Chapter 70 modified
the boundaries of the governmental mall area, revised the membership of the Commission and outlined
the procedures for establishing monuments and memorials within the boundaries of Wesley Bolin
Plaza and the governmental mall. Boundary modifications were made with the intent of keeping the
federal, City of Phoenix and Maricopa governmental complexes outside of the Mall area. The new
boundaries of the Governmental Mall include:
D a western boundary of Nineteenth Avenue, previously Twenty- third Avenue;
C1 a northern boundary of all lots abutting Van Buren Street, previously Fillmore Street;
D an eastern boundary of Seventh Avenue, previously Central Avenue; and
C1 a southern boundary of the Harrison Street Alignment, previously Lincoln Street.
Commission meetings were held in July, September, October, November and December of
1995 to discuss and take action on building and improvement requests for sites located within mall
boundaries. The following topics were addressed, and the action taken is noted.
Construction of a metal structure on Lot # I at Madison Street and Eleventh Avenue
was approved, subject to further approval by the City of Phoenix and issuance of a
building permit and installation of landscaping;
Construction of a Health Services Laboratory at Monroe Street and Eighteenth Avenue
was discussed;
The Desert Storm Memorial design change was approved;
A Capitol Mall demonstration project drawing was approved;
The Grace Court School on Adams Street between Seventh and Ninth Avenues was
discussed;
The concept of a Capitol Mall Overlay District was considered;
Renovation plans for the St. Vincent de Paul dining facility located at Madison Street
and Ninth Avenue were discussed;
A Department of Environmental Quality relocation survey was considered and
correspondence was sent;
Relocation of the Liberty Bell replica was discussed; and
Relocation of the Department of Building and Fire Safety was discussed and
correspondence was sent.
In future meetings, the Commission plans to review the Governmental Mall - Urban Design
Plan and solicit input from Commission members to determine which sections of the design plan need
to be updated.
This report is submitted in compliance with reporting requirements prescribed by Arizona
Revised Statutes 5 41- 1362.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
Appointments
1995- 1998
Governor's Appointments:
Thomas Knapp - 33 1 - 1 800 ( architecture experience)
Susanne Rothwell - 493- 1302 ( discretionary)
Speaker of the House Appointments:
Representative Tom Smith - 542- 505 1 ( designee)
Polly Rosenbaum - leave msg. with Sandy 542- 5848 ( member of the public)
President of the Senate Appointments:
Senator David Petersen - 542- 4481 ( designee)
John Clements - 840- 4300 ( member of the public)
Director of the Department of Administration ( or designee):
Kent Bosworth - 542- 0697 ( designee)
Chairman of the Historical Advisory Commission ( or designee):
LeRoy Brady - 255- 7357 ( designee)
Chairman of the Maricopa County Board of Supervisors Appointments:
Jill Herberg- Kusy - 506- 6 1 50 ( county planning experience)
Frank Dubasik - 256- 6777 ( discretionary)
Mayor of Phoenix Appointments:
David Richert - 262- 6364 ( urban planning experience)
Barry Starr, Chairman - 254- 7477 ( discretionary)
Senate Engrossed House B i l l
State o f Arizona
House o f Representatives
Forty- second Legi s l ature
F i r s t Regular Session
1995
HOUSE BILL 2057
FILED
Jane Dee Hull
Secretary of State
CHAPTER 70
AN ACT
CHANGING THE DESIGNATION OF TITLE 41. CHAPTER 8. ARTICLE 4. ARIZONA REVISED
STATUTES. TO " LEGISLATIVE GOVERNMENTAL MALL"; AMENDING SECTIONS 41- 1361 AND
41- 1362. ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 8. ARTICLE 4.
ARIZONA REVISED STATUTES. BY ADDING SECTION 41- 1363; RELATING TO THE
GOVERNMENTAL MALL.
Be it enacted by the Legislature o f the State of Arizona:
Section 1. Headina chanae
The a r t i c l e heading of t i t l e 41. chapter 8. a r t i c l e 4. Arizona Revised
Statutes. i s changed from " LEGISLATIVE GOVERNMENTAL MALL COMMISSION" t o
" LEGISLATIVE GOVERNMENTAL MALL".
Sec. 2. Section 41- 1361. Arizona Revised Statutes. i s amended t o read:
41- 1361. 1 eai sl a t i ve aovernmental m a l l commission: members ;
terms: comoensation
A. A l e g i s l a t i v e governmental mall commission i s established
consi s t i n g of:
1. Two members appointed by the governor ONE OF WHOM SHALL HAVE
EXPERIENCE I N LAND PLANNING OR ARCHITECTURE.
2. The president o f the senate or h i s designee AS AN ADVISORY MEMBER.
3. The speaker of the house o f representatives or h i s designee AS AN
ADVISORY MEMBER.
4. Tile Lila ; r w - a I ; ~ u ~~ ual l r r c y - u ~ 3 U I ; I i 2
5. T i ~ rll layul u i i; lr ~ ; iuji Bhverri~ U I ; I ; > t i c a i y r ~ e e ~
6. Tit- aiivr i r ~ Z u ~ ~ X e 3 s i u 1 1tai i ~; i r . ; ~ i
1 y11eiVT
vy LrrrtuLrm L Iy r l ~& I 3 U I LIE - ..
. .
8. \; - t - ,, ii~ ra PLa- ktl u i i ; m e - i a i ; v r r ~
rlr PI r L U I LIIC arr~ aLC WIIU I 3 a I = a I ~ 3 LQL
4. ONE MEMBER OF THE PUBLIC APPOINTED BY THE PRESIDENT OF THE SENATE.
H. B. 2057
5. ONE MEMBER OF THE PUBLIC APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES.
6. THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION OR THE DIRECTOR'S
DESIGNEE.
7. THE CHAIRMAN OF THE HISTORICAL ADVISORY COMMISSION ESTABLISHED BY
SECTION 41- 1352 OR THE CHAIRMAN'S DESIGNEE.
8. TWO MEMBERS APPOINTED BY THE CHAIRMAN OF THE MARICOPA COUNTY BOARD
OF SUPERVISORS. ONE OF THESE MEMBERS SHALL HAVE EXPERIENCE I N COUNTY
PLANNING.
9. TWO MEMBERS APPOINTED BY THE MAYOR OF THE CITY OF PHOENIX. ONE OF
THESE MEMBERS SHALL HAVE EXPERIENCE I N URBAN PLANNING.
B. The term of office of the U; i i r w ; ; L aiid- Li~ r mr& zrwh
I 3 a I CQ I e3 ~ a LIZ PUBLIC MEMBERS is three years.
C. Members of the commission are not eligible to receive compensation
but are eligible for reimbursement of expenses pursuant t o t i t l e 38, chapter
4, article 2.
Sec. 3. Section 41- 1362. Arizona Revised Statutes. is amended t o read:
41- 1362. 1
gf city of Phoenix: aeneral ~ l a n a ~ ~ l i c a t i o n ;
definition
A. The commission may:
1. Accept gifts or grants of monies or other property from any person.
including the United States or any agencies. departments or officers of the
state.
2. Appoint and employ officers and employees as i t deems necessary.
3. Prescribe rules as necessary t o carry out the provisions of this
article.
B. The commission shall :
1. ELECT A CHAIRMAN FROM AMONG I T S MEMBERS.
s. 2. Develop and maintain AND AMEND AS NECESSARY a comprehensive
long- range general plan for the development of the governmental mall
comprised of the area described in subsection C of this section.
3. Encourage public agencies as defined in section 11- 951 t o enter
into intergovernmental agreements or contracts pursuant t o t i t l e 11, chapter
7, article 3 as necessary t o implement the general plan for the development
of the governmental ma1 1.
4. Review and approve or disapprove i n writing requests for
permission t o develop structures or sites or award construction contracts for
new bui l dings or improvements within the governmental ma1 1. m pt
. L ~ sap-~ a - . . . I UI p-. i. uy LIIC 3 La LG UI a pu. I . r rr. ral 7 . . . .. . . .
UII UI L I I I ~ 3 ~ a i . r 111 WIIILII the ~ L ~ LUI L~ U I I L I L ~ 3 - I 11a3 a
L I ~ L L U ~ II I I L T~ HE COMMISSION SHALL REVIEW REQUESTS SUBMITTED BY THE
STATE OR A POLITICAL SUBDIVISION OF THIS STATE I N WHICH THE STATE OR
POLITICAL SUBDIVISION HAS A CONTRACTUAL INTEREST TO ENSURE CONSISTENCY WITH
THE APPROVED GENERAL PLAN.
H. B. 2057
5. REVIEW ALL PLANNING ACTIVITIES WITHIN GOVERNMENTAL MALL BOUNDARIES.
6. PUBLISH AN ANNUAL REPORT ON THE ISSUES BROUGHT BEFORE THE COMMITTEE
AND I T S RECOMMENDATIONS.
C. The governmental mall is comprised of t h e area with a western
boundary of L; I i I t NINETEENTH avenue, a northern boundary of west
fiffmore ALL LOTS ABUTTING VAN BUREN street i w
LV thV- WeStrl 11 - 01 y
LLL GALL~ I- I L I- I UIII m- - - e a a ~ I I UI~ I a ~ v r I I L r l t eh~ a u u u r l u a r y . a n e a s t e r n boundary of
eerrtraf SEVENTH avenue and a southern boundary of mi L ; I I L & I 9 i . e THE
HARRISON STREET ALIGNMENT extended due west between F i f t h avenue and Seventh
avenue. CI-- L I; o m~ IIF FW F-~ I~ LLJ 311a .- ..*. . .
I UI LIIC LA- I UII. I-& T8h I I LOL I UII OIIU LUII~ L I ULL IT^ v I -
D. The c i t y of Phoenix annually s h a l l inform t h e commission of new
major development p r o j e c t s and new major i n f r a s t r u c t u r e improvements
i n c l u d i n g but n o t l i m i t e d t o parks, streets and s t r e e t - s c a p i n g within t h e
downtown area redevelopment plan a s defined pursuant t o s e c t i o n 36- 1471.
E. If t h e general plan of t h e c i t y , county o r s t a t e agency f o r land
development does not conform with t h e g e n e r a l p l a n developed by t h e
commission f o r t h e development of t h e governmental ma1 1 , t h e general plan
developed by t h e commission f o r t h e development of t h e governmental mall
a p p l i e s and s h a l l be enforced.
F. FOR THE PURPOSES OF THIS SECTION. " ADVISORY MEMBER" MEANS A MEMBER
WHO GIVES ADVICE TO THE OTHER MEMBERS OF THE LEGISLATIVE GOVERNMENTAL MALL
COMMISSION AT MEETINGS OF THE COMMISSION BUT WHO I S NOT ELIGIBLE TO VOTE. I S
NOT A MEMBER FOR PURPOSES OF DETERMINING WHETHER A QUORUM I S PRESENT, AND
I S NOT ELIGIBLE TO RECEIVE ANY COMPENSATION OR REIMBURSEMENT OF EXPENSES BY
THE COMMISSION.
Sec. 4. T i t l e 41, chapter 8. a r t i c l e 4. Arizona Revised S t a t u t e s . is
amended by adding s e c t i o n 41- 1363. t o read:
41- 1363. Monuments and memori a1 s w i t h i n aovernmental ma1 1 ;
1e a i sl a t i v e a u t h o r i z a t i on: a ~ ~ r o v a Dl : ro cedure
A. NOTWITHSTANDING SECTION 34- 225 OR ANY OTHER LAW, A MONUMENT OR
MEMORIAL I N RECOGNITION OF OR HONORING A PERSON. GROUP, ENTITY OR EVENT SHALL
BE LOCATED I N THE GOVERNMENTAL MALL ONLY I F A PRIOR LEGISLATIVE ACT
AUTHORIZES THE MONUMENT OR MEMORIAL.
B. AFTER LEGISLATIVE AUTHORIZATION. A MONUMENT OR MEMORIAL MAY BE
ESTABLISHED BY THE FOLLOWING PROCEDURES:
1. THE PROPONENTS SHALL SUBMIT A CONCEPT TO THE DEPARTMENT OF
ADMINISTRATION FOR THE DESIGN, DIMENSIONS AND LOCATION OF THE MONUMENT OR
MEMORIAL.
2. THE DEPARTMENT OF ADMINISTRATION SHALL REVIEW THE CONCEPT AND
DETERMINE THE MOST APPROPRIATE LOCATION THAT HIGHLIGHTS THE MONUMENT OR
MEMORIAL AND PRESERVES THE INTEGRITY OF THE GOVERNMENTAL MALL.
1 3. THE DEPARTMENT OF ADMINISTRATION SHALL SUBMIT I T S REVIEW AND
2 RECOMMENDATIONS TO THE LEGISLATIVE GOVERNMENTAL MALL COMMISSION INCLUDING
3 RECOMMENDATIONS REGARDING I T S ABILITY TO MAINTAIN THE MONUMENT OR MEMORIAL.
4 4. AFTER RECOMMENDATIONS FROM THE HISTORICAL ADVISORY COMMISSION
5 REGARDING THE HISTORICAL INTEGRITY OF THE MONUMENT OR MEMORIAL AND AFTER ANY
6 NECESSARY NEGOTIATIONS WITH THE PROPONENTS. THE LEGISLATIVE GOVERNMENTAL MALL
7 COMMISSION. I N CONSULTATION WITH THE DEPARTMENT OF ADMINISTRATION. SHALL
8 APPROVE THE FINAL DESIGN. DIMENSIONS. LOCATION AND MAINTENANCE REQUIREMENTS
9 OF THE MONUMENT OR MEMORIAL.
10 5. BEFORE THE BEGINNING OF CONSTRUCTION OF THE MONUMENT OR MEMORIAL.
11 THE PROPONENTS SHALL ENTER INTO A CONTRACT WITH THE DEPARTMENT OF
12 ADMINISTRATION SPECIFYING THE CONDITIONS OF THE DESIGN. DIMENSIONS AND
13 LOCATION OF THE MONUMENT OR MEMORIAL. A LIST OF THE ARTISTS, CONTRACTORS AND
14 SUBCONTRACTORS THAT WILL BE EMPLOYED. A VERIFICATION THAT ALL EMPLOYEES FOR
15 THE PROJECT ARE INSURED AND THAT THIS STATE I S INDEMNIFIED AGAINST ANY
1 6 L I A B I L I T Y I N REGARD TO THE CONSTRUCTION.
17 6. AN APPROVED MONUMENT OR MEMORIAL SHALL BE COMPLETED AND DEDICATED
18 TO THIS STATE WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THE LEGISLATIVE
19 ACT AUTHORIZING THE MONUMENT OR MEMORIAL.
2 0 C. ALL FUND- RAISING, ESTABLISHMENT AND ADMINISTRATION OF A FUND FOR
2 1 DEPOSIT OF MONIES AND CONTRACTS FOR ARTISTIC DESIGN AND CONSTRUCTION OF THE
22 MONUMENT OR MEMORIAL ARE THE SOLE RESPONSIBILITY OF THE PROPONENTS.
23 D. THIS SECTION DOES NOT APPLY TO MONUMENTS OR MEMORIALS LOCATED I N
2 4 THE GOVERNMENTAL MALL BUT OUTSIDE WESLEY BOLIN PLAZA I N WHICH A POLITICAL
25 SUBDIVISION HAS A CONTRACTUAL INTEREST.
2 6 Sec. 5. I n i t i a l t e r m s f o r a d d i t i o n a l members of the
27 g o v e r n m e n t a l m a l l commission: subseauent a ~ ~ o i n t m e n t s
2 8 A. N o t w i t h s t a n d i n g s e c t i o n 41- 1361. A r i z o n a R e v i s e d S t a t u t e s , a s
29 amended b y t h i s a c t , t h e i n i t i a l t e r m s o f t h e a d d i t i o n a l p u b l i c members of
3 0 the g o v e r n m e n t a l ma1 1 commission a r e :
3 1 1. Two t e r m s e n d i n g on J a n u a r y 20. 1997.
3 2 2. Two t e r m s e n d i n g on J a n u a r y 21. 1998.
3 3 B. The a p p o i n t i n g o f f i c e r s s h a l l make a l l s u b s e q u e n t a p p o i n t m e n t s as
34 p r e s c r i b e d by s t a t u t e .
BY THE GOVERN3R APRIL 15, 1995
OmCE OF ' ME SECRETARY OF STATE APRIL 17, 1995
- 4 -
0 300 800 900 1000 - CAPITOL MALLIDOWNTOWN AREA AUGUST 199s
ORAHPIC SCALE IN FEET I FREPARED BY THE CITY OF PHCIENIX PLANNING DEPARTMENT
Legislative Governmental Mall Commission
ARIZONA STATE LEGISLATURE
Forty- second Legislature - First Regular Session
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
Minutes of Interim Meeting
Thursday, December 2 1, 1995
House Hearing Room 3 - 3: 00 p. m.
( Tape 1, Side A)
The meeting was called to order at 3: 05 p. m. by Chairman Barry Starr and attendance was noted by
the secretary.
Members Present
Kent Bosworth
Frank Dubasik
Thomas Knapp
David Richert
Polly Rosenbaum
Susanne Rothwell
Debra Wilkins Stark, representing Jill Herberg- Kusy
Senator David Petersen
Representative Tom Smith
Barry Starr, Chairman
Members Absent
LeRoy Brady John Clements ( excused)
Speakers Present
Tammy L. Bosse, Executive Director, Capitol Mall Association ( CMA)
Gerald M. Cook, Cook Associates, Architects, Phoenix
Maret Webb, A. I. A., VehrlWebb Studio, Phoenix
Jan Hatmaker, Planner, City of Phoenix Planning Department
Paul G. Spears, Phoenix, a property owner and member of the Capitol Mall Association
Richard W. Moll, Scottsdale, Chairman, St. Vincent de Paul Building Committee
Kenny Baker, Owner, Hall Brake Supply, 2 14 S. 1 1 th Avenue, Phoenix
Mark Jamieson, a resident of the Roosevelt neighborhood and member of the Roosevelt Action
Association
Ruth Harlan, representing Capitol Mall Association and owner of Harlan Company
Chairman Starr welcomed Debra Wilkins Stark, Manager, Project Management, Department of
Planning and Infrastructure Development, Maricopa County, representing Member Jill Herberg- Kusy.
He noted that the Arizona Department of Building and Fire Safety, now located at 1540 West Van
I, EGISL. A'TIVT;, GOVERNMENTAT, MALI, COMMISSION
1 212 1 I95
Buren, Phoenix, has expressed an interest in moving out of the Capitol Mall area and suggested that
the Arizona Department of Administration ( DOA) be asked to look into the matter.
Mr. Bosworth, representing DOA, opined that while a move cannot be stopped, DOA will encourage
the Department to remain in the Capitol Mall area. He pointed out that because occupancy is
currently 99.5 percent, a new office building would help.
With the assent of Members, Chairman Starr proposed that the Commission write a letter
encouraging the Department of Building and Fire Safety to remain in the Capitol Mall area.
Capitol Mall Association Demonstration Pro- iect
Tammy L. Bosse, Executive Director, Capitol Mall Association ( CMA), displayed a colored
architectural drawing of the first house to be renovated as requested at the last Commission meeting
on November 21, 1995. She pointed out that the house, located at 121 8 Monroe Street, will be
white, its original color. The other three houses to be renovated in the demonstration project are
located at 1210 and 12 16 Monroe Street and 1209 Woodland Avenue.
Gerald M. Cook, Cook Associates, Architects, Phoenix, emphasized that it is CMA7s intention to
return the demonstration project properties to their original appearance, which will be the same as
that shown in the photographs presented at the previous meeting. Mr. Cook noted that the front of
the property will be landscaped. He added that no permits are required for the exterior work because
of its restorative nature, although permits will be required for other work.
Mr. Smith asked when completion of the project is anticipated. Ms. Bosse responded that work is
expected to begin in January, with four months per house allocated for the restoration. She requested
the Commission's approval of the project.
In response to a query by the Chair, Mr. Richert confirmed that it is the intent of the City of Phoenix
to follow the Urban Design Plan.
Mr. Richert moved, seconded by Mr. Dubasik, that the Commission approve
the drawing presented. Chairman Starr clarified that the Commission will be
approving all four residences included in the demonstration pro, ject. The
motion carried.
Chairman Starr asked CMA to keep the Commission informed of its progress and noted that the City
of Phoenix will receive copies of the Minutes.
St. Vincent de Paul Reconstruction Prqiect
Maret Webb, A. I. A., VehrIWebb Studio, Phoenix, architect for the St. Vincent de Paul Society,
explained that approval is being sought for a new St. Vincent de Paul community dining center
located at the corner of Ninth Avenue and Madison Street in Phoenix, depicted by architectural
1, EGISLATIVE GOVERNMI< NTAI, MALI, COMMlSSlON
2 1 212 1/ 95
drawings presented to the Commission. Materials were made available ( Attachment l), consisting
of the following:
a description of the project, rationale for approval and Governmental Mall Urban
Design Plan compliance outline;
a comparison of the proposed new facility to the existing facility;
photographs of the existing building and two new community centers built by St.
Vincent de Paul in recent years.
Ms. Webb pointed out that St. Vincent de Paul intends to continue to serve meals in its present
location, either in the existing unattractive building or in a new more attractive building. She
acknowledged that there is a lack of parking and called attention to the project description and site
plan prepared by the VehrIWebb Studio ( Attachment 2) which was made available at the November
21, 1995 meeting.
Chairman Starr requested further information on the number of people served daily, and asked where
the poor and homeless go aRer being served. Ms. Webb responded that 750 individuals are currently
served lunch, which is brought to the location, but that St. Vincent has no information on the number
who reside in the area or how many of those served are homeless.
Jan Hatmaker, Planner, City of Phoenix Planning Department, made available a listing of areas of
conflict between the proposed St. Vincent de Paul plan and the Governmental Mall Urban Design
plan ( Attachment 3).
Tarnmy L. Bosse, Executive Director, Capitol Mall Association ( CMA), voiced her concern for the
businesses and residents of the area who are forced to live with the problems presented by the
programs for the homeless. She added that, while St. Vincent de Paul is a fine organization, it is a
lightning rod for the area's problems, because such large numbers of people are served in a small area
that it has become a magnet for homeless impersonators who are criminals and drug dealers. Ms.
Bosse cautioned that, if the building is approved as designed, those people who spend an hour a day
at the center will spend the rest of the day in the neighborhood, contributing to neighborhood
property desecration. She stressed that the Woodland Historic District experiences continued
problems after hours and residents regularly fear for their safety. CMA recommends that St. Vincent
de Paul should consider limiting the numbers served to not more than three hundred in any one
neighborhood and reduce the intensity on Madison. Ms. Bosse noted that public facilities are provided
at Central Arizona Shelter Services ( CASS). She pointed out that the City of Phoenix expressed an
interest in purchasing the property in a letter from Councilmember Cody Williams to St. Vincent de
Paul dated November 21, 1995 ( Attachment 4).
B Paul G. Spears, Phoenix, a property owner and member of the Capitol Mall Association, expressed
concern that the proposed development will make the present situation more permanent because it
emphasizes that it is an area that the homeless and transient can call home. He added that it is CMA's
aim to restore the dignity of the community, and in that regard St. Vincent de Paul has been asked
to reduce the size of the operation in order to take pressure off the area.
1, EGISLATIVE GOVERNMENTAL MALL COMMISSION
3 12/ 21/ 95
Richard W. Moll, Scottsdale, Chairman, St. Vincent de Paul Building Committee, described the
proposed community dining center project and the backing of the parishes. He pointed out that St.
Vincent will not knowingly serve any person under the influence of drugs or alcohol, but intends to
continue to serve the community. He noted that the letter from Councilmember Cody Williams
contains no concrete purchase proposal.
Responding to questions, Mr. Moll said the building on Ninth Avenue and Madison Street is expected
to be needed for many years, but St. Vincent would attempt to sell the property if at some future time
it was not needed. He emphasized that St. Vincent feeds where the people are and described other
locations around the Valley where services are provided, adding that the Society tries to be a good
neighbor. Mr. Moll said St. Vincent has been authorized to spend up to $ 1 million and is ready to
go ahead with the project.
Kenny Baker, Owner, Hall Brake Supply, 214 S. 1 lth Avenue, Phoenix, pointed out that he was
required by the City of Phoenix to correct a lack of parking spaces and contended that an exception
should not be granted to St. Vincent de Paul.
( Tape 1, Side B)
Mark Jamieson, a resident of the Roosevelt neighborhood and member of the Roosevelt Action
Association, called attention to the severe hardships caused by the high concentration of social service
providers and the problems they attract. He pointed out that what happens in the Capitol Mall area
directly affects the Roosevelt neighborhood. Mr. Jarnieson contended that, while people support the
mission of St. Vincent de Paul, the Society has been insensitive to the frustrations of those who live
in the neighborhood, and no dialog has taken place between the residents and St. Vincent de Paul.
As a result, one neighborhood bears the brunt of the social problems of the area. Mr. Jamieson
emphasized that neighbors are not opposed to what the Society is doing, but they would like the
services to be offered in a way that does not destroy the neighborhood. A four- page handout entitled
" No I, oitering, clfter being served, please leave the premi. sesn was distributed ( Attachment 5).
Ruth Harlan, representing Capitol Mall Association and owner of Harlan Company which does
business in the area, described the decline in the neighborhood she has witnessed over the past ten
years, which she described as a disgrace to the City of Phoenix. She complained that facilities and
bathrooms are closed, and that her company was broken into nine times in a seven week period,
including the company's alarm stolen from the building.
Ms. Webb responded to the issues raised, including Ms. Hatmaker's points of conflict, and pointed
out that time is of the essence. She argued that St. Vincent de Paul cannot put plans on hold in the
hope that the City of Phoenix may wish to purchase the property. In that regard, she cited a letter
fi- om Frank Fairbanks, Phoenix City Manager ( Attachment 6) which indicates support for the project.
Acknowledging that parking is an issue to be resolved, she submitted that St. Vincent will work with
the City ifthe Commission approves the project. Ms. Webb reiterated that the center is a permanent
facility which will continue, either in the old building or in a new building. She reported that an
average of 3,700 meals are served daily at the various sites, and that St. Vincent de Paul will do
everything possible to accommodate the concerns that have been raised. She contended that crime
1, EGISLATIVE GOVEI. INMlZN1' AI, MAIL COMMISSION
4 12/ 21/ 95
is a police issue and a trash compaction system will be installed. Ms. Webb urged approval of the
request.
Noting Ms. Webb's assertion that St. Vincent will continue to use either the old building or a new
one, Mr. Smith commented that he perceived an attitude of " take it or leave it," and asked how much
communication St. Vincent de Paul has had with the surrounding neighborhood. Ms. Webb responded
that leaders of neighborhood groups have been invited to meetings, but that they want St. Vincent
to leave the area. She contended that although plans have been discussed from every angle, they are
never acceptable and no alternative proposals have been submitted.
Mr. Bosworth noted that the proposed facility has been downsized, yet will continue to serve the
same number of people. Ms. Webb maintained that the size of the dining room could be reduced, but
the line would increase. She reiterated that everyone who comes for a meal will be served, and there
can be no negotiation on that point because anyone trying to impose limits would be in peril.
Mr. Bosworth pointed out that even though 750 meals are now served, that number could be as high
as 2000 if no one will be turned away. Ms. Webb restated that St. Vincent de Paul will serve anyone
who comes to the facility and who wants a meal.
Mr. Knapp asked if the situation is one of " if you build it they will come," or if they come because
the building is there. Ms. Webb pointed out that St. Vincent is continuing an ongoing operation.
Chairman Starr reviewed the Commission's options in regard to the request
Mr. Richert offered to follow up on Councilmember Williams' letter to find out if a real proposal can
be made.
Mr. Richert moved, seconded by Mr. Bosworth, to recommend that the subject
be continued to the next meeting to allow time to ascertain the validity of
Col~ ncilmemberC ody Williams' letter.
Chairman Starr noted that the Commission plans to meet in thirty days.
Mr. Knapp spoke in opposition to the motion and argued that a decision cannot be prolonged beyond
the next meeting.
The motion carried.
Following discussion on the time and date of the next meeting, which will take place during the next
legislative session, Chairman Starr announced that the meeting will held be on January 18, 1996 at
4: 00 p. m. at a location to be determined.
Grace Court School
Chairman Starr noted that John Clements, who is absent from the meeting, headed up a small
subcommittee to deal with the Grace Court School issue.
1, EGISLATIVE GOVERNMT? NTN, MAl. 1, COMMISSION
5 1 212 1/ 95
Chairman Stan asked Mr. Smith to assume the Chair because of a conflict of interest over the Grace
Court School property.
Mr. Smith described the subcommittee's visit to the Grace Court School property. He said it is a
large parcel into which the owner, Mr. David Russell, who was unable to attend the meeting, has
invested considerable money. Mr. Smith said it is his belief that any purchaser of the property would
demolish the school because of the amount of work required to the building, and pointed out that Mr.
Russell could demolish the building at any time.
Tammy L. Bosse, Executive Director, Capitol Mall Association ( CMA) noted that Mr. Russell and
Deborah Abele, Historic Preservation Officer, City of Phoenix, portray the issue differently. She
agreed that rehabilitation would be expensive, but contended that the building is structurally sound
and is an asset that CMA would like to save.
Mr. Richert pointed out that historic preservation hnds would be available if a charter school located
at the property, as discussed at the previous meeting.
Governmental Mall Urban Design Plan
Jan Hatmaker, Planner, Phoenix Planning Department, said it is her understanding that Chairman
Starr had requested that a subcommittee handle the Governmental Mall Urban Design Plan and said
she will have a summary of the comments from different parties at the next meeting. A memorandum
from Joy A. Mee, City of Phoenix was made available ( Attachment 7).
Noting that a subcommittee has not yet been established, Chairman Smith named the following to an
advisory committee:
Mr. Bosworth's appointment from DOA, to Chair the advisory committee
Mr. Richert's appointment from the City of Phoenix
Mr. Knapp
Ms. Herberg- Kusy
Chairman Smith said it is his understanding that Mr. Starr will ask Mr. Clements if he wishes to be
on the committee because of his extensive historic knowledge. The advisory committee will be asked
to meet and prepare preliminary recommendations for the next meeting.
Without objection, the meeting adjourned at 4: 47 p. m.
;'?
' ,' e qhzAiwL <& La
Carole Price, Committee Secretary
( Original minutes with attachments and tape on file in the Ofice of the Chief Clerk. Copy of minutes
on file with the Secretary of the Senate.)
I, EGISI, ATIVE GOVERNMENTAL, MA121, COMMl SSTON
6 1 2/ 2 1 / 95
ARIZONA STATE LEGISLATURE
Forty- second Legislature - First Regular Session
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
Minutes of Interim Meeting
Tuesday November 2 1, 1995
House Hearing Room 3 - 3: 30 p. m.
( Tape 1, Side A)
The meeting was called to order at 3: 39 p. m. by Cochairman Barry Starr and attendance was
noted by the secretary.
Members Present
Kent Bosworth
LeRoy Brady
John Clements
Jill Herberg- Kusy
Thomas Knapp
David Richert
Polly Rosenbaum
Susanne Rothwell
Representative Tom Smith
Barry Starr, Chairman
Members Absent
Senator David Petersen ( excused) Frank Dubasik ( excused)
S- peakers Present
Tammy L. Bosse, Executive Director, Capitol Mall Association ( CMA)
Deborah Abele, Historic Preservation Officer, City of Phoenix
Julian J. Blum, Real Estate Broker, Community Developments Partners, Inc., Phoenix
B. David Russell, President, Pamco Monroe
Mary McCormick, Cave Creek, representing Mr. Russell
Carol Johnson, City of Phoenix Planning Department
Maret Webb, A. I. A., VehrIWebb Studio, Phoenix
Anthony Aleman Abril, representing Neighborhood Spirit Associations
Review of Governmental Mall Boundaries
Mrs. Rosenbaum called attention to a memorandum from Norman Moore, Chief Clerk,
House of Representatives ( Attachment 1) in response to a query at the last meeting concerning
inclusion of Fifth Avenue within the governmental mall area. She briefly reviewed a history
of the mall and boundary changes since the inception of the Legislative Governmental Mall
Commission in 1985. Chairman Starr submitted that a boundary correction may be needed.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
11/ 21/ 95
Mr. Smith advised that appropriate legislation can be drawn up with assistance from the
Arizona Department of Administration ( ADOA) for Commission review and introduction into
the upcoming legislative session.
Libere Bell Re~ lia
Mr. Smith noted that he has recently received two recommendations that the Liberty Bell
replica, now located at the entrance to the old State Capitol, be relocated and rung on special
occasions.
Mrs. Rosenbaum advised that the bell, which is rung on occasions, was moved to the outside
of the building following appeals to do so.
Mr. Smith offered to discuss the location of the bell with State Library representatives.
Ca~ itolM all Association Demonstration Proiect
Tammy L. Bosse, Executive Director, Capitol Mall Association ( CMA), described the
Association's function and urged that the Commission sanction a proposed demonstration
project. She circulated a package of materials ( Attachment 2) consisting of CMA's mission
and objectives, reprints of recent newspaper articles, and maps of the capitol mall area and
demonstration block. Slides illustrated the blighted area within the mall area and the four
houses, located at 1209 Woodland Avenue, and 1210, 1216 and 121 8 Monroe Street, slated
by CMA for rehabilitation. Ms. Bosse pointed out that although demolition was
contemplated, it was agreed to proceed with the demonstration project, beginning as soon as
next month if approval is secured. She described the demonstration block, including efforts
to rid the area of a drug house and plans for now blighted Woodland Park as an arts
community, and described the $ 10,000 per house funding secured from the City of Phoenix
Historic Preservation Commission which will make possible a first- class restoration.
Acknowledging the difficulty of getting people to invest in the neighborhood, Ms. Bosse
pointed out that the houses are intended for owner- occupied affordable housing and that CMA
aims to move its offices into one of the houses. She noted that funding is not yet available
to rehabilitate other properties in the area, including an 18- unit apartment complex.
Ms. Bosse responded to Members' questions and described other efforts under way that will
assist the new homeowners in maintaining and protecting the area, including increased police
patrols, development of a strong blockwatch program and other components required to
assure a long- term revitalization of the area.
Chairman Starr acknowledged the risks involved in the project, but observed that doing
nothing involves even greater risk. He affirmed the need for subsidies to encourage people
to move into the properties in the hope that the investment will spread in the area.
Mr. Bosworth, Assistant Director, General Services Division, Arizona Department of
Administration ( ADOA), said it is his understanding that the City of Phoenix requires a
Governmental Mall permit prior to approval. Chairman Starr concurred.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
2 11/ 21/ 95
Mr. Richert moved, seconded by Ms. Herberg- Kusy, that the Commission
approve the Governmental Mall demonstration project.
Mr. Clements opined that it would be inappropriate to approve the project in the absence of
the renderings, plans and scope of work to be presented to the City.
Ms. Bosse pointed out that while renderings are expensive, construction documents are now
being reviewed by CMA's attorney. She emphasized that no substantial changes will be made
to the appearance of the houses, although the blueprint does change the apartments.
Mr. Bosworth agreed that renderings would be too expensive for affordable housing, and
further discussion ensued.
Mr. Knapp proposed that the Commission approve the demonstration project for the four
houses only, with a condition that the plans conform to the very specific requirements of the
general plan.
Mr. Richert stressed that, while any major renovation of the apartment building would need
to be reviewed, he has no desire to delay the restoration of the houses now that funding is
available. He noted that the City of Phoenix follows the Capitol Mall general plan.
Mr. Clements countered that his concern is not with the renovation of the properties under
discussion, but with the process which requires that an individual who owns property within
the governmental mall must make application with the appropriate materials for approval.
Mr. Richert proposed that the architect could quickly make available a colored elevation.
Deborah Abele, Historic Preservation Officer, City of Phoenix, confirmed that the City
requires elevations and site plans, which would also allow for approval by the Commission.
Ms. Bosse advised that CMA had hoped to begin the restoration of the first house beginning
in December.
Reviewing the Commission's legislative authority, Chairman Starr submitted that Mr.
Clements' concern may relate to the old process.
Mr. Smith proposed that approval might be granted by identifying the four houses within the
motion and establishing a process to ensure that the Commission fully comprehends the
design, including landscaping sketches.
Chairman Starr concurred that the properties should be specified in the motion and that a
colored elevation or architect's working drawing should be provided.
Mr. Clements contended that costing will require a site plan, landscaping plan and color
chips, and that, for CMA's protection, approval should not be given in the absence of that
information.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
3 11/ 21/ 95
Speaking in support of the motion and as one who has been on the other side of the issue,
Mr. Knapp pointed to the specificity of the general plan and cautioned that the Commission
should be viewed as a partner rather than as an obstacle in the process.
Julian J. Blum, Real Estate Broker, Community Developments Partners, Inc., Phoenix, noted
that historic restoration aims to return the houses to their original 1910 to 1935 era
appearance. He claimed that the first demonstration model will be done perfectly and the
Commission will be kept informed of further grants and proposals for the remaining area.
Mr. Smith voiced his belief that a motion can be framed to allow commencement of the
project. Mrs. Rosenbaum concurred.
( Tape 1, Side B)
Mr. Richert proposed that his motion be amended to include conformity to the general plan,
with the properties to be rehabilitated identified, viz:
1209 Woodland Avenue
1210, 1216 and 1218 Monroe Street
Chairman Starr agreed that the motion has been clarified by naming the properties and
specifying conformity to the general plan and asked Ms. Bosse to return to the Commission's
next meeting on December 21, 1995 with colored elevations of the first property to be
renovated.
Question was called for on Mr. Richert's amended motion to approve the
Governmental Mall demonstration project. The motion passed.
Mr. Clements asked that his abstention be noted for the record.
Grace Court School
Chairman Starr noted that Mr. David Russell, the owner of Grace Court School, is a paying
member of Phoenix Community Alliance which employs Mr. Starr. He proposed, without
demurral, to participate in discussion but in order to avoid any appearance of conflict of
interest to step down temporarily as Chairman if action is taken.
Ms. Abele distributed documents comprising background information on the Grace Court
School property, together with a site plan and site and area overview ( Attachment 3). She
described her involvement with the property and the many discussions with Mr. Russell in
connection with his desire to demolish the building, a recognized historic structure and the
oldest remaining school in Phoenix. Ms. Abele described the owner's attempts to redevelop
the site and the various alternatives to demolition provided by her office, noting that Mr.
Russell will not agree to any funding assistance if governmental strings are attached.
Notwithstanding her efforts to obtain tax benefits and generate temporary income for the
property in order to avoid demolition, Mr. Russell has informed her that it is his intention
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
4 11/ 21/ 95
to proceed with the demolition of the property, and there now appears to be no way to stop
him from doing so.
B. David Russell, President, Parnco Monroe, indicated that he has nothing to add at this time.
Mr. Blum observed that, as a result of his work with CMA on the revitalization of the
Capitol Mall area, he sees the Grace Court School as an asset to the area and a linchpin for
redevelopment. He added that he recognizes Mr. Russell's desire to redevelop the site, but
highlighted the structural soundness of the existing buildings and the interest of the School
of Arts, a charter school, in relocating to the property. Commenting that the School of Arts
is unable to expand in its current location, Mr. Blum proposed that the building might be
saved if representatives from the City, schools and arts industry could find a way to acquire
the property from Mr. Russell in the near future.
Chairman Starr noted that the matter will be handled by the City and no action is to be taken
by the Commission.
Mr. Richert observed that the Commission may be asked to approve the demolition, and
opined that the proposal would be worth pursuing if the existing building could be used. He
suggested that Ms. Abele and Mr. Blum might meet with Mr. Russell and report back to the
Commission.
Following discussion, Ms. Bosse asked if Mr. Russell is required to come before the
Commission if he chooses to pursue demolition of the property. Chairman Starr quoted the
Commission's charge as set out in the legislation.
Mr. Knapp questioned the Commission's authority to block private enterprise.
Mr. Smith submitted that if it is the Commission's responsibility to oversee development of
the Capitol Mall and conformity to the general plan, then any proposal should be discussed
with ADOA and the legal department.
Mr. Clements proposed that an opportunity might exist for the private sector to deliver a
building into the public sector which could be put to use quickly.
Chairman Starr approved Mr. Clements' suggestion and asked him to chair a ' subcommittee
to pursue the idea.
Mary McCormick, Cave Creek, representing Mr. Russell, pointed out that he has been
talking with Ms. Abele for many years and has reviewed many proposals for the property,
and approves the concept of a subcommittee. However, while Mr. Russell is interested in
preserving the large building if possible, he questions the right of any other entity to
determine what happens with his privately owned property. Ms. McCormick observed that
Mr. Blum represents a for- profit company.
Chairman Starr commented that Ms. Abele is willing to participate in the subcommittee.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
5 11/ 21/ 95
Mr. Clements emphasized that cooperation from ADOA and the Governor's office will be
essential if a resolution is to be reached.
Ca~ itoMl all Overlav District
Carol Johnson, City of Phoenix Planning Department, made available a draft of a proposal
to restrict certain property uses within the Capitol Mall Overlay District ( Attachment 4),
together with a map showing the boundaries of the district ( Attachment 5). She reviewed the
history of the stabilization overlay district and the draft legislation, which seeks to prohibit
pawn shops, blood banks and package liquor sales within the boundaries of the overlay
district. Proposed boundaries are identified as Interstate 10 to the railway tracks at Hanison,
and Third Avenue to Interstate 17. Use permits and special permits would be required for
other specified uses. Ms. Johnson said the draft legislation will be circulated to planning
committees and social service agencies.
Acknowledging the enormity of the task, Chairman Starr noted that controversy is inevitable.
He requested an update on the progress of the proposal, which he asked Members to review.
Governmental Mall - Urban Design Plan
Noting the lateness of the hour, Chairman Starr proposed to mail a copy of a letter from Mr.
Bosworth to the Commission ( Attachment 6) to each Member with the agenda for the next
meeting.
Mr. Clements recommended that an entire meeting be devoted to a review of the Capitol Mall
plan, the transportation plan, the many older plans dating from the 1950' s, and a historical
overview by Mrs. Rosenbaum. He pointed out that several people who were involved with
the original plan still live in the area and might be happy to explain the survey process.
Chairman Starr agreed that an extra meeting may be appropriate.
Following dialogue to plan a working and public meeting to review the issues,
Chairman Starr announced that the Commission will meet again at 3: 00 p. m. on
December 2 1, 1995.
Other Business
Maret Webb, A. I. A., VehrIWebb Studio, Phoenix, distributed a proposal by the Society of
St. Vincent de Paul for a new community dining center to replace the existing facility located
at 9th Avenue and Madison Street ( Attachment 7), which will be on the December agenda.
Recalling discussion of an Arizona Department of Environmental Quality ( ADEQ) survey at
the last meeting, Chairman Starr announced his intention to apprise ADEQ of the
governmental mall boundaries.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
6 11/ 21/ 95
Anthony Aleman Abril, representing Neighborhood Spirit Associations, suggested that the
Liberty Bell replica be located where it can be rung. He expressed concern over the houses
to be renovated and urged that the laws be enforced in regard to the taking of property.
Without objection, the meeting adjourned at 5: 20 p. m.
Carole Price, Committee Secretary
( Original minutes with attachments and tape on file in the Office of the Chief Clerk. Copy
of minutes on file with the Secretary of the Senate.)
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
7 11/ 21/ 95
ARIZONA STATE LEGISLATURE
Forty- second Legislature - First Regular Session
. LEGISLATIVE GOVERNMENTAL MALL COMMISSION
Minutes of Interim Meeting
Thursday October 26, 1995
House Hearing Room 3 - 3: 30 p. m.
( Tape 1, Side A)
The meeting was called to order at 3: 36 p. m. by Chairman Bany Starr and attendance was noted
by the secretary.
Members Present
Representative Tom Smith John Clements
Senator David Petersen Jill Herberg- Kusy
Kent Bosworth Thomas Knapp
LeRoy Brady
David Richert
Polly Rosenbaum
Barry Starr, Chairman
Members Absent
Frank Dubasik ( excused)
Susanne Rothwell
Speakers Present
Debbie Mosbacher, Assistant Research Analyst, Arizona House of Representatives
Chairman Starr introduced Ms. Herberg- Kusy, Planning Director, Maricopa County Board of
Supervisors, and a listing of Commission appointments was distributed to Members
( Attachment 1).
Chairman Starr commenced a review of the charge for the Legislative Governmental Mall
Commission established by H. B. 2057. governmental mall: monuments ( Chapter 70. Laws of
1995) ( Attachment 2). Referring to page 2, Section 3, line 30 of the bill, Chairman Starr
requested clarification of the procedure for amending the comprehensive long- range general plan.
Mr. Smith said it is his understanding that the Commission can make recommendations to
present to the various governmental agencies, through their representative on this Commission,
followed by a vote of the Members.
In reference to page 2, paragraph 4 of the bill, Chairman Starr noted that the Committee is
empowered to " review and approve or disapprove in writing requests for permission to develop
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
10126195
structures or sites or award construction contracts for new buildings or improvements within the
governmental mall," and discussion ensued on the issue of enforcement.
Mr. Clements observed that the language has created considerable debate in the past. Chairman
Starr expressed his hope that it will not prove to be a contentious issue.
Mr. Smith noted that the City of Phoenix has always been very cooperative in forwarding all
matters affecting the capitol mall area through the Commission. He proposed that the Chairman
and Mr. Bosworth, Assistant Director, General Services Division, Department of Administration
( DOA), work together on a process that is persuasive rather than authoritarian.
Chairman Starr agreed that the Commission should become involved at an early stage in any
city, county or state projects affecting the capitol mall area in order to ensure cooperation.
Mr. Clements requested clarification of the " contractual interest" described on page 2, line 45
of the bill.
Mr. Bosworth noted that a recent Arizona Department of Environmental Quality ( ADEQ) survey
solicited input in regard to the agency's future location in order to best serve the public. He
pointed out that all state agencies will eventually be brought back into the mall area. Following
discussion, Chairman Starr proposed that the ADEQ survey be included on the next agenda.
Mr. Smith suggested that the required annual report be prepared by December 31 of each year.
Referring to a plan of the capitol mall/ downtown area ( Attachment 3), Chairman Starr observed
that the description of the governmental mall area ( page 3, Section C) appears to be incorrect
in including Fifth Avenue.
Mrs. Rosenbaum offered to check the correct boundaries prior to the next meeting.
Mr. Smith submitted that any changes deemed necessary by this Commission can be referred to
the Legislature's legal department.
There followed discussion of page 3, Section E of the bill in regard to enforcement in the event
of nonconformity with the general plan. Mr. Smith proposed an expeditious review of the
Commission's general plan, ensuring that the city and county have an up- to- date copy, with a
request that proposals be submitted as early as possible in order to afford time for discussion
prior to decision- making .
Mr. Clements opined that the issue of enforcement should be resolved because of the obfuscatory
language of the legislation. He pointed out that the general plan is the highest authority, and
submitted that a review by the state attorney general could range from disbandonment of the
Commission to giving it the power to enforce the law. Mr. Clements said he believes the
Commission should be either an advisory commission, or its review and approval should be
absolute.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
2 10/ 26/ 95
Mr. Knapp proposed a middle ground approach based on attitude rather than authority. He said
he believes the membership and resources available to the Commission could ensure that a
proactive position will work.
Senator Petersen voiced his preference to obtain an opinion from the Attorney General so that
the Commission will know where it stands.
Mr. Clements pointed out that the original intergovernmental agreement did not work.
Mr. Smith urged that because this is a new Commission with new members, the Chairman could
attempt to resolve any conflicts that may arise over the general plan.
Chairman Starr agreed that DOA's presence on the Commission may make a difference and
suggested that the ambiguity of the bill might prove to be advantageous.
Senator Petersen pointed out that every agency will argue for its own interests.
Mr. Knapp suggested that the Commission could plan to work with the governmental entities
while awaiting an opinion from the attorney general.
Mr. Knapp moved, seconded by Mr. Clements, that the Committee request
the opinion of the state attorney general as to the intent of the two conflicting
paragraphs in the legislation as follows:
page 2, lines 37 through 46
page 3, lines 19 through 23
Mr. Bosworth pointed out that DOA only makes recommendations to the Legislature.
Chairman Starr suggested that the Commission might not be happy with the attorney general's
opinion and might prefer the ambiguity of the existing language.
Question was called for on Mr. Knapp's motion. The motion failed by a
hand vote of four ayes and four nays. ( Representative Smith and Senator
Peterson are non- voting members).
Chairman Starr called attention to an error on page 4, Section 5 of the printed bill.
Debbie Mosbacher, Assistant Research Analyst, Arizona House of Representatives, read the
listing of appointments and terms described in Section 5, page 4 of the bill ( see Attachment l),
and clarified that line 31 should read as follows:
" 1. FOUR terms ending on January 20, 1997."
Mr. Smith offered to confer with staff attorneys in order to ensure that the correction is made.
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
3 10/ 26/ 95
Chairman Starr affirmed that the document entitled " Governmental Mall - Urban Design Plan"
dated June 1989 ( Attachment 4) is the Commission's general plan. He briefly commented on
prior plans and proposed that a subcommittee meet to review the general plan and recommend
changes prior to the next meeting. Mr. Clements noted the existence of an additional
transportation plan.
Mr. Bosworth recommended that all Members read the general plan and said DOA will arrange
to make a presentation to the Commission at a future meeting.
Chairman Starr asked all Members to review the general plan prior to the next meeting.
( Tape 1, Side B)
Mr. Smith confirmed that legislative staff will make a copy of the transportation plan available
to all Members.
Mr. Clements recommended that Commission Members tour the mall area in order to be
apprised af changes that have been made since the report was published. He noted that plans
dating back to the 1930' s were reviewed in order to gain a historic perspective, to
publication of the current general plan.
Chairman Starr advised that the following items will be included in a future agenda:
1) a review of the ADEQ survey
2) a Capitol Mall Association demonstration project
3) a letter of thanks to prior Commission members
4) a plan to tour the mall area
Mr. Bosworth observed that DOA's presentation could be planned for January 1996, following
completion of its capitol plan in late December.
Chairman Starr proposed that the Commission meet with the Speaker of the House and President
of the Senate prior to the upcoming legislative session.
Mr. Clements added that a capitol model is also available for viewing.
Chairman Starr announced that the next meeting of the Commission will be held on
November 16, 1995.
Without objection, the meeting adjourned at 4: 50 p. m.
Carole Price, Committee Secretary
( Original minutes with attachments and tape on file in the Office of the Chief Clerk. Copy of
minutes on file with the Secretary of the Senate.)
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
4 10126195
ARIZONA STATE LEGISLATURE
MIRUTES RECEIVED
CHIEF CLERK'S OFFICE
Forty- second Legislature - First Regular Session - / 2 - 7- 3-
LEGISLATIVE GOVERNMENTAL MALL COMMISSION
Minutes of Meeting
Tuesday, September 19, 1995
House Hearing Room 3 - 4: 00 p. m.
( Tape 1, Side A)
Mr. Smith called the meeting to order at 4: 05 p. m. and attendance was noted by the secretary.
Members Present
Senator Petersen
Representative Smith
Kent Bosworth, General Director, Services Division, Department of Administration
LeRoy Brady, Member Representative, Arizona Historical Advisory Commission; Chief
Landscape Architect, Arizona Department of Transportation
John Clements, Real Estate BrokerIDeveloper
Frank Dubasik, Vice President, Perini Corporation
Thomas Knapp, TRK Architecture
David Rickert, Planning Director, City of Phoenix
Polly Rosenbaum, former Legislator
Susanne Rothwell, Architect
Barry Starr, Phoenix Community Alliance
Members Absent
Jill Herberg- Kusy, Maricopa County Board of Supervisors
Speakers Present
Brad Lundahl, Assistant Research Analyst, House of Representatives
Timothy Brand, General Manager, Building and Planning Services, Department of
Administration ( DOA)
Chad Norris, Minority Staff, Arizona State Senate
Tami Ryall, Government Committee Research Analyst, Arizona State Senate
Mr. Smith requested that Commission members introduce themselves. He announced that the
first order of business will be the election of a Chairman.
Legislative Governmental
Mall Commission
091 19/ 95
Mrs. Rosenbaum nominated Barry Starr to the role of Chairman. The
nomination was seconded by Mr. Bosworth and it carried by a majority voice
vote.
Chairman Stan assumed the Chair.
Mr. Smith mentioned that the Department of Administration circulated a letter ( Attachment 1)
regarding the siting of the new Arizona Public Health Laboratory.
HISTORICAL BACKGROUND OF THE GOVERNMENTAL MALL
Mr. Smith recalled that the goal of the' Governmental Mall Commission was to make all the
buildings in the Capitol Mall compatible.
Mr. Smith said that when he first became involved, there were questions with regard to the
authority of the Commission. Once it became apparent that the Commission had no authority,
he said he introduced legislation to abolish the Commission. Because this legislation failed, the
Phoenix Community Alliance became involved and met with the Governor to identify ways to
combat the problems of homelessness, the feeding of the homeless, the lack of security and the
collection of liquor stores in the area. With this new surge in enthusiasm, he said that a new
Governmental Mall Commission was formed which includes representatives from the legislature,
city, county and state.
Mrs. Rosenbaum, who served as a legislator for over four decades, mentioned that there was
once even a plan to have a trolley travel among the federal, city and state buildings.
FUTURE PLANS FOR THE GOVERNMENTAL MALL
Chairman Starr stated that a goal of the Comnlission will be to turn the current situation around
and make the mall area between 7th Avenue and 19th Avenue something to be proud of.
Mr. Clements recalled that the original task of reconstituting the Capitol Mall in 1985 was that
the Commission generate a basic plan with the assistance of funds contributed by the city, state
and counties. He pointed out that this document still exists and suggested that the Commission's
first step should be to review it.
Mr. Clements asserted that major issues yet to be resolved are who will be bound by the plan
and who will have the authority to enforce the plan.
QTHER BUSINESS
Chairman Starr announced that the Commission will meet on the third Tuesday of each month
at approxi~ nately3 : 30 p. 111. Commission ~ ne~ nbeargs reed.
Brad Lundahl, Assistant Research Analyst, House of Representatives, mentioned that a new staff
member will soon be assigned to act as House research analyst for the Commission.
Legislative Governmental
Mall Commission
091 19/ 95
Timothy Brand, General Manager, Building and Planning Services, Department of
Administration ( DOA), reported that the building of a new Arizona Public Health Laboratory
has been proposed. He stated that DOA's decision to locate the laboratory at 18th Avenue and
Monroe seems to comply with the legislative intent for one- stop shopping and added that in lieu
of taking away from existing parking lots, DOA is in the process of having the City of Phoenix
abandon a portion of Monroe Avenue which will be converted into a parking lot.
Mr. Brand displayed a chart which shows Phase 1.
Mr. Smith asked if the existing parking lot capacity will be negatively impacted by Phase I. Mr.
Brand predicted that current parking needs will not be strained because the lots in the affected
area have a forty to fifty percent occupancy rate.
In response to Mr. Smith, Mr. Brand indicated that the Department of Revenue has its own
multi- level parking structure and should not be impacted by Phase I.
Mr. Smith asked if nearby agencies are aware of the plan to construct a new building. Mr.
Brand shared his belief that the Joint Committee on Capitol Review ( JCCR) and Joint Legislative
Budget Committee ( JLBC) have approved forward action on Phase I.
Mr. Brand displayed a chart illustrating Phase 11, which would place a second new building
between the State Laboratory and the existing Behavioral Health Services building.
Mrs. Rosenbau~ n asked whether it will be possible to add additional stories to the Phase I
building. Mr. Brand said he envisions a State Laboratory which is no higher than the planned
three stories.
Mr. Knapp asked if consideration was given to underground parking. Mr. Brand replied that
Phase I is driven by available funding and anticipates only surface parking. He predicted that
a parking garage will be necessary when Phase I1 is instituted but added that a decision has not
yet been made with regard to a subsurface parking structure versus an above- ground parking
structure.
Mr. Knapp requested that at the next ~ neeting the Commission hold a philosophical discussion
as to parking structures versus surface parking.
Mr. Clements said that while he is glad to have the opportunity to review health services
planning, it is disheartening that the Co~ n~ nissioins reviewing it after the fact. He claimed that
in terms of siting and placement, Phases I and I1 simply do not work. Mr. Clements recalled
that the original plan called for buildings to be located near the streets with the parking lots
concealed behind them and said that Phases I and I1 are the reverse of true and correct planning
because they essentially hide multi- million dollar buildings behind an emormous parking
structure.
Mr. Bosworth noted that DOA reviewed the Capitol Mall plan and found it severely outdated
because many issues were not taken into account during the 1980' s.
Legislative Governmental
Mall Commission
091 19/ 95
Mr. Clements said that while he has no quarrel with DOA, there is some question with regard
to who, if anyone, is in control of the destiny of the Commission. He questioned whether or
not government is planning for the long term and pointed out that the Occupational Licensing
building which was constructed substandardly has already incurred remodeling fees exceeding
three times the cost of the original building.
Mr. Clements asserted that the original plan will become a more difficult dream to realize if the
state continues to hopscotch one building at a time without thinking of the future.
Chairman Starr stated that the Commission must live within existing legislation and will
therefore hold no more debate on the matter until such time as that legislation is reviewed.
Mr. Brand said it is his understanding that DOA is required to submit its plan for review, but
that it is not required that the plan be reviewed. He said that DOA is simply trying to
coordinate its activities with the Capitol Mall plans.
Chairman Starr concluded that the Com~ nission's action is not needed with regard to Phases I
and 11. Mr. Brand answered affirmatively.
Mr. Knapp said that although he is not familiar with the plan, based on Mr. Clement's
comments, Phase I seems to comply while Phase I1 does not. Regardless of the Commission's
charge, he said it would be appropriate to approve Phase I with the understanding that the
Commission be given a more significant role in the planning of Phase 11.
Chairman Starr suggested that a mechanism be developed to establish communication with the
authorities that make decisions on the Capitol Mall. Mr. Bosworth agreed, particularly because
of the frequent turn- over among legislators.
Mr. Clements said that his remarks are motivated by the frustration of fighting the same battle
for ten years. He claimed that approval of Phase I automatically gives tentative approval to
Phase 11, the latter of which he described as a monument to poor planning.
Mr. Brand conceded that the parking structure denoted in Phase I1 may be located in the worst
possible place. He pointed out that the primary focus is on the siting of the laboratory and said
that the parking structure may be moved elsewhere at a later date.
Mr. Clements noted that Phase I1 might be fixable if the building and parking structure locations
are switched.
Mr. Clements moved, secorided by Mr. Knapp, that the report ( copy not
available) be accepted. The ~ iiotio~ cal rried by a majority voice vote.
Chairman Starr announced that an agenda will be forthcoming for the next meeting scheduled
for October 17.
Chad Norris, Minority Staff, Arizona State Senate, introduced himself.
Legislative Governmental
Mall Commission
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Tami Ryall, Government Committee Research Analyst, Arizona State Senate, introduced herself.
( Tape 1, Side B)
Mr. Clements mentioned that a model of the Capitol Mall plan exists and suggested that it might
be helpful for the Commission to review it.
Chairman Starr indicated that he would like to take a van tour of the Capitol Mall area and
suggested that the Commission might wish to hold its meetings in different buildings throughout
the Mall.
Ms. Rothwell suggested that it might be more helpful to review the plan, as opposed to the
cumbersome model. Mr. Clements added that it would be beneficial to receive any such
information in advance of the meetings.
Without objection, the meeting was adjourned at 5: 06 p. m.
JLAbLL-Teresa
Alvarez, Secretary
( Original minutes, attachment and tape on file in the Oftice of the Chief Clerk.)
Legislative Governmental
Mall Commission
091 19/ 95
ARIZONA STATE LEGISLATURE
Forty- Second Legislature - First Regular Session
GOVERNMENTAL MALL COMMISSION
Minutes of Meeting
July 10,1995
House Hearing Room 1 - 3: 00 p. m.
( Tape 1, Side A)
Chairman Clements called the meeting to order at 3: 03 p. m. and attendance was noted by the
secretary.
Members Present
Senator Chesley
Representative Smith
Mr. Hoover
Mr. Kelly
Mr. Longey
Mr. Starr
Mr. Clements, Chair
Members Absent
Ms. Johnston
Speakers Present
Kenneth Baker, Owner, Hall Brake Supply
Kent Bosworth, Assistant Director, Arizona Department of Administration ( DOA)
David Vagg, Architect, HNTB
Emerson Stiles, Facilities Planner, Arizona Department of Administration ( DOA)
David Mowry, Facility Manager, Arizona Department of Health Services ( DHS)
Guest List ( None)
Kenneth Baker, Owner, Hall Brake Supply. provided a brief history of his business and described the
location and expansion needs of his property ( Attachment 1). He explained that he had the alley
behind his property abandoned because of the homeless traffic. Mr. Baker requested approval of a
rO's80' metal building on Lot # 1 at I 1 th Avenue and Madison Street.
GOVERNMENTAL MALL COMMISSION
JULY 10, 1995
When Senator Chesley asked if the building is a prefab metal building, Mr. Baker responded that it
is a Butler building.
Representative Smith told Members that he has viewed the site and that he noticed a similar building
nearby. He opined that Mr. Baker's building will be an improvement to the area.
Mr. Baker explained that an old frame house on Lot # 2 will be torn down and the area asphalted.
Chairman Clements asked if Mr. Baker, in making application to the City of Phoenix for a building
permit, was instructed to apply to the Governmental Mall Commission first. Chairman Clements
remarked that, in the past, the Commission has requested that the City approve permits for the Mall
area subject to the Commission's approval. He contended that the procedure has been reversed
again.
Representative Smith responded that Mr. Baker does need a letter of approval from the Capitol Mall
Commission to attach to his City of Phoenix building permit application.
Chairman Clements noted that the Commission has experienced this same situation for numerous
years and that the Commission has always hesitated to approve things that the City might not
approve. He contended that it is a waste of time and is expensive to hold a public meeting when the
City might ultimately disapprove what the Commission approves.
Mr. Starr suggested that the Commission approve the project subject to the City's approval.
Senator Chesley stated that he doesn't want to give Mr. Baker the run- around and concurred that the
Commission should provide a conditional permit but should also remind the City what the procedure
should be
Mr. Kelly duly noted Senator Chesley's comment
Representative Smith reminded Members that a new Capitol Mall Commission will be constituted
next week
Mr Stan asked Mr. Baker if there will be any landscaping around his new building. Mr. Baker told
him that it is a City of Phoenix code requirement.
Chairman Clements stated for the record that, as Chairman, he supports approval of the building so
that Mr. Baker's business can continue to grow, but he added that his concern is that, since the
building does not meet the color, materials or massing requirements of the current plan, it is setting
a precedent for non- compliance with a plan that has taken the Commission 8- 9 years, plus hundreds
of thousands of dollars, to develop. He contended that it is a reflection of the inability of government
to meet the same requirements placed on ordinary citizens and businesses.
GOVERNMENTAL MALL COMMISSION
2 JULY 10, 1995
Representative Smith moved, seconded by Mr. Starr, that Mr. Baker's
application for erection of a Butler building on the designated location, be
approved, subject to the approval of the City of Phoenix and issuance of a
building permit, including the landscaping.
The motion carried.
Chairman Clements requested that the secretary prepare a letter of approval for his signature. The
secretary noted the request.
Representative Smith requested that copies of pertinent legislation be sent to all Members of the
Commission. Staff acknowledged that it will comply.
Kent Bosworth, Assistant Director, Arizona Department of Administration ( DOA), presented the
background of the existing Health Services Laboratory and the project description for the proposed
new facilities at Monroe Street and 18th Avenue ( Attachment 2).
Discussions were held concerning use of the alley. Mr. Bosworth noted that it is a thoroughfare but
not a major one; it is used to access several parking lots.
David Vagg, Architect, HNTB, presented a site plan to the Committee and described the design of
the proposed building.
Representative Smith asked at what point a review of the building plans will be made, in order to
ensure that the exterior aesthetics are compatible with other buildings within the Capitol Mall area.
Mr. Bosworth stated that the intent is to return to the Commission when the design is more
developed. He explained that the project is only in the programming stage and that construction is
scheduled to begin in July of 1996, if possible.
Chairman Clements asked how many parking spaces there will be.
Emerson Stiles, Facilities Planner, Arizona Department of Administration ( DOA), explained that there
will be 640 on- site, on- grade parking spaces, including existing parking, as well as parking provided
through the abandonment. He stated that it is short of the ideal but opined that there is enough of
a relief valve to the west to accommodate the facility
hlr Kelly wanted to know what kind of testing will take place in the lab.
Dabid Mowry, Facility Manager, Arizona Department of Health Services ( DHS), stated that the third
floor is a chemistry lab, the second floor is microbiology, and the first floor is administration.
GOVERNMENTAL MALL COMMISSION
3 JULY 10, 1995
When Senator Chesley asked what specific kinds of tests will be run at the Health Services
Laboratory, Mr. Vagg responded that there will be a serology lab, a Deoxyribonucleic Acid ( DNA)
lab, an air toxins lab, and a bio- level safety three lab included in the facility.
Mr. Kelly expressed his concern that the community might be exposed to a virus in case of fire.
Mr. Vagg told Mr. Kelly that the building will be constructed of steel and concrete and will have fire
alarm systems.
Chairman Clements opined that a laboratory building built now will be more secure than the one built
in 1976.
Mr. Longey asked how many parking spaces are needed for the square footage involved. There was
some conhsion about the number of spaces and discussions ensued. Mr. Stiles clarified that there
are 721 current spaces but, under the proposed plan, there will be 640.
Chairman Clements noted that parking spaces will be lost and Mr. Stiles commented that the shortfall
can be accommodated.
Mr. Longey maintained that, per the Governmental Mall Plan, the proposed design is not meeting the
ratio of parking spaces to floor space.
Commenting that parking spaces are being forfeited for an area which is over- parked, Chairman
Clements noted that the Commission has stipulated that it favors structure and underground parking
rather than grade parking.
Mr. Longey reminded the Commission that part of the original design plan is to concentrate buildings
as close to the Capital as possible, with off- site parking. He asked if it is necessary to abandon
Monroe as a street and suggested a pedestrian- way to connect the Capitol to the building.
Senator Chesley asked about the proposed parking garage facility on 17th Avenue. Mr. Bosworth
commented that a $ 2,000,000, two- level, parking structure is part of the original design but, since
surface parking is under- utilized, it does not seem a wise use of state fbnds at this time.
Representative Smith agreed that a campus design should be considered. Noting the increase in
square footage from 28,000 SF to 60,000 SF, he asked if the Health Services Laboratory is expanding
its hnctions or if other services are being consolidated.
Mr. Bosworth explained that another group will consolidate with the new lab, plus the lab needs to
expand because of increased workload and safety issues.
GOVERNMENTAL MALL COMMISSION
4 JULY 10, 1995
Mr. Bosworth told Chairman Clements that the old lab building will revert to an office building after
it is cleaned up.
Mr. Longey contended that the design presented today does not capture the vision of a cluster within
the overall campus and stated that he would like to see a design concept ( allowing for expansion) for
a complex of buildings, with a courtyard development which offers pedestrian amenities as well as
shared parking, whether surface or structure.
Chairman Clements stated that he would rather see the new building sited behind the existing Joint
Legislative Budget Committee ( JLBC) and Department of Health Services ( DHS) buildings, so that
when the old buildings are eventually removed, the new building can be brought into a campus- like
atmosphere closer to the Capitol, with parking farther to the north.
Mr. Bosworth told the Chairman that the concept was explored but there were tremendous safety
concerns for employees walking to their cars. Mr. Longey commented that the Commission has
wrestled with those same concerns but it is the concept which has been developed.
Chairman Clements maintained that if government will not follow the same regulations citizens are
expected to follow, citizens cannot be expected to upgrade their sites to make the area a better place
to live.
Mr. Bosworth confirmed for Representative Smith that the Arizona Department of Administration
( DOA) understands what the Commission is trying to accomplish for the Capitol Mall area.
Chairman Clements opined that it is probably more practical, but probably not financially feasible, to
site the building as close as possible to Washington Street, and if there is concern for employee
safety. provide parking below the building with a hture structure to the north to separate the Mall
from Van Buren. He stated that he wants to see more thought given to the plan even if it requires
spending more money. Representative Smith concurred.
Chairman Clements wanted to know if there are any efforts to relocate the homeless shelter. Mr.
Starr stated that there is an effort to reduce the number of homeless but not to move the shelter.
hlr Longey suggested that DOA make note of the Governmental Mall Plan, Section 3.4, Design
Guidelines for Building Design Governmental, which states some of the concerns expressed before
the Commission today.
Senator Chesley asked how many parking spaces will be lost during construction. Mr. Bosworth
stated that it is premature to determine a staging area at this time.
There being no hrther business concerning the Health Services Laboratory, Chairman Clements
opened discussions for the Desert Storm Memorial Addition.
GOVERNMENTAL MALL COMMISSION
5 JULY 10, 1995
Senator Chesley reported that the Desert Storm Memorial design and layout have been approved by
the Commission. He stated that several people have suggested more large contributions might be
received if there is a plaque listing the names of big contributors. Senator Chesley requested that a
24" x24" bronze plaque with the names of big contributors be allowed within the plot already
approved.
Representative Smith stated that he has no objection but opined that it might be opening a can of
worms. Senator Chesley stated that the veterans organizations made the suggestion, not the
corporations. He also noted that the parameter for a large contribution will probably be around $ 200
or $ 250, but it has not been finally determined.
Chairman Clements agreed that when recognition is given it is very positive, but he opined that there
may be existing memorials which will request a contributors list.
Senator Chesley moved, seconded by Mr. Longey, to approve a change in the
design of the Desert Storm Memorial to include an additional 24" x24", or
smaller, bronze plaque that will indicate the names of the contributors to the
building of the memorial. The motion carried.
Senator Chesley moved, seconded by Mr. Longey, that the meeting be
adjourned. The motion carried.
The meeting adjourned at 3: 54 p. m
~ ildredH ollister, secr& arym
( Minutes and tape on file in the Ofice of the Chief Clerk.)
meh
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GOVERNMENTAL MALL COMMISSION
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