HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/14/2003 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, JANUARY 14, 2003, AT 7:00 P.M.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor
Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark,
Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez.
Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City
Manager; Rick Flaaen, City Attorney; and Pamela Hanna, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the one resolution and seven
ordinances to be considered at the meeting were available for public examination and
the title posted at City Hall more than 72 hours in advance of the meeting.
APPROVAL OF THE MINUTES OF THE DECEMBER 10, 2002 AND DECEMBER 23,
2002 CITY COUNCIL MEETINGS
It was moved by Goulet, and seconded by Frate, to dispense with the
reading of the minutes of the December 10, 2002 Regular Council Meeting and the
December 23, 2002 Special City Council meeting, as each member of the Council
had been provided copies in advance, and approve them as written. The motion
carried unanimously.
PROCLAMATIONS AND AWARDS
PRESENTATION OF 2002 HERITAGE FUND GRANT AWARDS FROM THE
ARIZONA STATE PARKS BOARD
This is a request for the City Council to accept three Arizona State Parks Heritage
Fund awards totaling $441,433. The three grants are:
• A Historic Preservation grant for $53,636 to make various repairs needed to
complete the rehabilitation of the interior of the Manistee Ranch Main House.
These repairs will stabilize and protect the interior and prevent the further
deterioration of this remarkable turn-of-the-century home. Once the
rehabilitation phase is completed, Manistee Ranch Historic Site will be able to
safely accommodate many more visitors who want to learn about Glendale's
past.
• A Local, Regional and State Parks grant of$317,876 to build a Children's Bicycle
Safety City, a BMX track and a parking lot at 63rd and Northern avenues. Safety
City will contain city streets and sidewalks with traffic lights, signs, and traffic
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hazards children will encounter on city streets. The Police, Fire and
Transportation Departments will use the new facility to teach school age children
to walk and ride their bikes more safely. Glendale Civic Pride Ambassadors will
help staff the programs.
The grant will fund Glendale's only BMX racing track. The track will be designed
and maintained by members of the American Bicycle Association (ABA). The
facility will be used for ABA-sanctioned racing events, Parks and Recreation
Department bicycle education and recreational activities, and Police Department
Bicycle Officer training.
• A Trails grant of $69,921 will be used to build a pedestrian/bicycle bridge across
the 71st Avenue wash. This bridge will close a gap in Glendale's 3.5-mile Skunk
Creek Linear Park and Trail System that connects five anchor parks, multi-use
paths, shops and neighborhoods and offers access to recreational facilities along
the West Valley Recreational Corridor. The new bridge will re-direct traffic out of
the creek bottom, reduce natural habitat disturbance, improve trail safety for all
trail users and provide access for physically challenged individuals.
During the past decade the Arizona State Parks Heritage Fund Program has
made many important contributions to the quality of life in Glendale. Heritage Fund
grants have been used to help build and improve new parks, pedestrian and bicyclist
path improvements, and to acquire and preserve historic resources such as Historic
Sahuaro Ranch and the Manistee Ranch Historic Site.
Ms. Andrea Madonna, the Arizona State Parks Partnership Division Chief of
Grants, presented the Heritage Fund grant awards to the City of Glendale.
Mayor Scruggs thanked Ms. Madonna on behalf of the City Council and citizens
of Glendale. She spoke about the tremendous contributions made in the City of
Glendale to date, noting the first grant award was received in 1994. She said this
year's grant awards bring the Heritage Fund's total contribution in Glendale to more
than $2.5 million. She said the City of Glendale is extremely fortunate to have a
number of wonderful historic sites, including Manistee Ranch and Sahuaro Ranch Park.
She stated the Heritage Fund Historic Preservation Program has contributed funds to
help acquire and restore the Manistee Ranch historic site and to restore the Sahuaro
Ranch buildings and barnyard area, complete an archeological dig at the lily pond and
restore the building façades and wood porches. She said the grants helped the city
acquire Manistee Serenity Park and accelerated the development of Discovery Park,
Desert Mirage Park, Greenbrier Park and Arrowhead Meadows Park as well as
Glendale's first playground designed for physically challenged children. She stated
Heritage Trails Program grants were awarded to complete connecting trails that are part
of the Skunk Creek Linear Park and Trail system, build new trails and install signage
and trailheads along the Thunderbird, Skunk Creek and Grand Canal Parks and Trails
systems. She stated the grants also helped salvage the last remaining unit classroom
of the city's first elementary school and to add botanical garden and water conservation
displays to the city's award-winning demonstration garden at the Glendale Main Library.
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She thanked the Arizonan's who created the Heritage Fund through a citizens initiative
one decade ago and State Park staff that have worked hard to ensure the program
accomplishes its mission.
CONSENT AGENDA
Mr. Ed Beasley asked that Item 25 on the Council Agenda be tabled to a date
uncertain.
It was moved by Frate, and seconded by Goulet, to table Item 25 to a date
uncertain. The motion carried unanimously.
Mr. Beasley, City Manager, read Agenda Item Numbers 1 through 10 by number
and title.
1. PERFORMING ART GRANT—CHANGE OF PROGRAM
This is a request to authorize a programming change to the Performing Art Grant
awarded to the West Valley Fine Arts Council from "A Celtic Christmas" to a
performance by the "Marian Anderson String Quartet."
In June 2002, the City Council authorized the funding of 11 Performing Arts
Grants for the 2002/2003 fiscal year. The original program received a grant of $2,500,
but, due to a scheduling conflict at the Civic Center, the program, "A Celtic Christmas,"
will now be held outside of the Glendale city limits and is, therefore, ineligible for grant
funds.
The "Marian Anderson String Quartet"is the first African-American string quartet to
win a major competition in the field of classical music. Named after the legendary
African-American contralto, Marian Anderson, the Quartet is committed to community
outreach and building diverse audiences for classical music. They will perform at the
Glendale Civic Center on February 13, 2003.
At the November 20, 2002, meeting, the Arts Commission evaluated the revised
application in accordance with the criteria used during the initial evaluation process.
The Arts Commission unanimously approved the program change. It was
recommended to forward this program change to Mayor and City Council.
The recommendation was to approve the change of program for the West Valley
Fine Arts Center Performing Art Grant.
2. MAINTENANCE AGREEMENT – LIBRARY COMPUTERS
This is a request for City Council to approve a renewal maintenance contract with
Epixtech, Inc., the library's automation vendor, for on-call and preventive maintenance
for software, server, and network components of the computer system. The agreement
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is designed to protect the city's extensive investment in these systems at all three
library facilities by providing 1) a method to replace and/or repair broken or defective
equipment within a prescribed period of time, minimizing impact upon internal
operations and external delivery of services; 2) scheduled preventive maintenance to
isolate and correct potential problems; and 3) software upgrades and enhancements.
Equipment covered by the agreement includes three servers and one system printer,
and network components covered include fourteen hubs, three routers, and five
switches.
Epixtech, Inc. provides proprietary technology with a fixed amount for
maintenance costs based upon our configuration of equipment. Due to the customized
hardware and software configuration of the library's current automation system, it is
impossible for any other vendor to maintain the hardware and provide necessary
software upgrades. In Arizona, Mesa Public Library, Apache Junction Public Library
and Yavapai Library Network use Epixtech, Inc., and each has a similar yearly
maintenance agreement. The library recently completed a market analysis of library
automation systems to determine whether a new vendor could better provide these
services now and in the future. The analysis revealed that a change of automation
vendor is not financially feasible at this time, as it would require the purchase of new
hardware and software, or a substantial reconfiguration, for all existing facilities. The
library staff will continue to monitor its automation practices and vendor services for the
future.
The renewal cost of the maintenance contract with Epixtech, Inc., is $79,169.44,
which is budgeted in Equipment Maintenance Account No. 01-4510-7450.
The recommendation was to authorize city staff to execute the renewal of the
maintenance contract with Epixtech, Inc., in the amount of $79,169.44.
3. CHANGE ORDER, INVITATION FOR BID 02-10 RENOVATIONS TO O'NEIL
SWIMMING POOL
This is a request to approve a change order to Invitation for Bid 02-10 for the
renovations to the O'Neil Swimming Pool. In March 2002, Shasta Industries was
awarded a contract to renovate O'Neil Swimming Pool. This was done by
administrative award since Parks and Recreation had a line item budget of$120,000 for
this renovation and the contract with Shasta Industries was for $119,800. Renovations
were to begin in November 2002 after the pool had been closed for the summer
season.
In October 2002, it was discovered that the return line pipes located under the
cool decking were cracked. The pipes were functioning normally during the bidding
process and were not part of the original contract renovations. The price for this
additional work is $80,000. Funding for the original renovations are budgeted in Park
Bond Fund, Account No. 36-8545-8330. Staff is recommending transferring $80,000
from Fund 36-8517-8330, Park Enhancements.
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The recommendation was to approve the change order to Shasta Industries for
the renovation of O'Neil Swimming Pool in the amount $80,000, taxes included, and
authorize the transfer of funds from account 36-8517-8330, Park Enhancements.
4. AWARD OF PROPOSAL 02-28, TRACTOR MOWER
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This is a request to approve the purchase of one tractor mower for use by the
Parks and Recreation Department. This mower will be used for mowing the 45 acres of
native grasses along the slopes and basins of Thunderbird Paseo Park. The
equipment will be an addition to the fleet. Previously a turf mower was rented at a cost
of approximately $1,200 for each use. The purchase of this unit will allow the city to
mow the area more frequently, improving the aesthetics of the linear park, and save the
city approximately $7,200 per year in rental charges.
The request for proposal was advertised via the internet, the Glendale Star,
Bidsource, and KGLN. Nine vendors received copies of the request for proposal,
however only one response from Arizona Machinery was received. Staff contacted
vendors that did not respond. Vendors could not meet the specifications required in
order to properly cut the slopes of the Thunderbird Paseo and retention basins.
An evaluation panel consisting of staff from Equipment Management and Parks
and Recreation evaluated the one offer received using specific criteria which included
compliance with specifications, cost, warranty, and references. Staff determined that
the one offer met the specifications and requirements needed to perform appropriately.
The city has purchased multiple pieces of lawn equipment from Arizona Machinery over
the last 15 years. Arizona Machinery has always provided quality products and service.
Funding is available in the Thunderbird Paseo Park Improvements account number 35-
8521-8400. The contract contains an option clause that permits the city, to purchase
an additional unit at the same terms and conditions within one year of receipt and
acceptance of the original order, and additional quantities at mutually agreed upon
prices within two years of City Council award.
The recommendation was to award the purchase of one tractor mower to Arizona
Machinery in the amount of$77,077.00, taxes included.
5. AWARD OF CONTRACT - 95TH AVENUE INTERCEPTOR SEWER,
CAMELBACK ROAD TO MARYLAND AVENUE
This is a request for City Council award of a construction contract to Citywide
Contracting, for installation of approximately one and one-half miles of interceptor
sewer along the proposed 95th Avenue alignment from Camelback Road to Maryland
Avenue.
The December 2000 "West Area Sewer Depth Study" prepared by HDR
Engineering identified the need for a new sewer along the 95th Avenue corridor to serve
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the area south of Glendale Avenue between 91st Avenue and the Outer Loop Highway.
The planned development of the arena for the National Hockey League Coyotes, the
multi-use stadium for the National Football League Cardinals and other pending
development created the need for this sewer to be installed by the end of fall 2003. In
order to accomplish this, on July 24, 2001, City Council approved a professional
services agreement with the engineering firm of Morrison-Maierle Arizona, Inc., in an
amount not to exceed $221,900, for preliminary & final design and construction
engineering services for the interceptor sewer from Camelback Road to Maryland
Avenue along the 95th Avenue alignment.
Thirteen bids were received and opened on December 19, 2002. Citywide
Construction submitted the lowest base bid in the amount of $1,194,719. In addition to
the base bid, three add alternates were included in the bid. Add alternate one and add
alternate two each included the cost of an odor control station at one of two different
locations along the sewer interceptor route, alternate one being the 95th Avenue and
Bethany Home Road site and alternate two being the 95th Avenue and Maryland
Avenue site. The location for add alternate two has been determined to be the best
location. Add alternate three includes piping to add sewer service stub outs in the 95th
Avenue interceptor for four sewer mains coming out of the Cardinals Stadium. Staff
recommends that add alternate two and add alternate three be included for a total bid
amount of $1,229,675. The City's consultant, Morrison-Maierle, has reviewed the bids
and the qualifications of the low bidder, and recommends award of the contract to
Citywide Construction, a responsive and responsible bidder. Engineering Department
staff agrees with this recommendation. All work to be performed under this contract will
be completed within 140 calendar days of written notice to proceed.
Funds are available for this project in the 2002-2003 Capital Improvements
Program, Utilities Funds, 95th Avenue Interceptor Sewer, Account No. 84-9241-8300.
Additional funds need to be transferred in the amount totaling $825,167, from Utilities
Funds, West Area Sewer Line, Account No. 84-8017 ($511,300) and Sewer Line
Extension, Account No. 84-9624 ($313,867), into the account for this project. The
remainder of the funds are budgeted in Fiscal Year 2003-2004.
The recommendation was to approve the transfer of funds, and award the
construction contract to Citywide Construction in the amount of$1,229,675.
PUBLIC HEARING - SPECIAL EVENT LIQUOR LICENSES
6. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE
AMBASSADORS (CHOCOLATE AFFAIRE)
This is a request for a special event liquor license for Glendale Civic Pride
Ambassadors. The event is the Chocolate Affaire that will be located in downtown
Glendale between 58th and 59th Avenues and between Glendale Avenue and Glenn
Drive. The event is sponsored by the City of Glendale. No liquor will be sold in Murphy
Park.
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The event will be held from 4:00 p.m. to 10:00 p.m. on Friday, February 7, 2003,
from 9:00 a.m. to 10:00 p.m. on Saturday, February 8, 2003, and from 10:00 a.m. to
6:00 p.m. on Sunday, February 9, 2003. If this license is approved, the total days
expended by this applicant will be three of the allowed 10 days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward to the Arizona Department of Liquor
Licenses and Control with the recommendation for approval.
7. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE
AMBASSADORS (WORLD MUSIC FESTIVAL)
This is a request for a special event liquor license for Glendale Civic Pride
Ambassadors. The event is the World Music Festival that will be located at the
American Graduate School of International Management, 15249 N. 59th Avenue. The
event is sponsored by the City of Glendale.
The event will be held from 4:00 p.m. to 11:00 p.m. on Friday, March 28, 2003 and
from 9:00 a.m. to 11:00 p.m. on Saturday, March 29, 2003. If this license is approved,
the total days expended by this applicant will be five of the allowed 10 days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward to the Arizona Department of Liquor
Licenses and Control with the recommendation for approval.
8. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE CIVIC PRIDE
AMBASSADORS (JAZZ FESTIVAL)
This is a request for a special event liquor license for Glendale Civic Pride
Ambassadors. The event is the Jazz Festival that will be located in downtown Glendale
between 58th and 59th Avenues and between Glendale Avenue and Glenn Drive. The
event is sponsored by the City of Glendale. No liquor will be sold in Murphy Park.
The event will be held from 4:00 p.m. to 11:00 p.m. on Friday, April 25, 2003, from
9:00 a.m. to 11:00 p.m. on Saturday, April 26, 2003, and from 10:00 a.m. to 6:00 p.m.
on Sunday, April 27, 2003. If this license is approved, the total days expended by this
applicant will be eight of the allowed 10 days this year.
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Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward to the Arizona Department of Liquor
Licenses and Control with the recommendation for approval.
9. SPECIAL EVENT LIQUOR LICENSE FOR KNIGHTS OF COLUMBUS, ST
JOSEPH'S ASSEMBLY NO. 2126
This is a request for a special event liquor license for Knights of Columbus, St.
Joseph's Assembly No. 2126. The event is to honor public safety personnel and will be
located at the St. Helen's Catholic Church, 5510 W. Cholla.
The event will be held from 5:00 p.m. to 11:00 p.m. on Saturday, March 22, 2003.
if this license is approved, the total days expended by this applicant will be one of the
allowed 10 days this year.
Under the provisions of Arizona Revised Statutes, Section 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license
only if the City Council recommends approval of such license.
The recommendation was to forward to the Arizona Department of Liquor
Licenses and Control with the recommendation for approval.
10. FINAL PLAT APPLICATION FP-02-07: 6770 NORTH 47TH AVENUE
This is a request by Neil/McGill Consultants, Inc. for final plat approval for a
condominium development titled Glendale Springs. The site is located north of the
northwest corner of 47th Avenue and Ocotillo Road.
The subdivision includes 48 condominium units on 3.8 acres at a density of 12.5
dwelling units per acre. Floor plans range in size from 1,127 square feet to 1,261
square feet.
The final plat is in conformance with the existing R-4 (Multiple Residence) zoning
and the preliminary plat that was approved by the Planning Commission on August 15,
2002. All stipulations of the preliminary plat have been satisfied.
The recommendation was to approve final plat FP-02-07.
Mayor Scruggs opened the public hearing on Consent Agenda Item Nos. 1
through 10. As there were no comments, Mayor Scruggs closed the public
hearing.
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It was moved by Eggleston, and seconded by Clark, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 10, including the
Special Event Liquor License Application for (1) the Glendale Civic Pride
Ambassadors for an event called the Chocolate Affaire, to be held in downtown
Glendale, between 58th and 59th Avenues, and between Glendale Avenue and
Glenn Drive, on February 7, 8, and 9, 2003; (2) the Glendale Civic Pride
Ambassadors, for an event called World Music Festival, to be held at the
American Graduate School of International Management, 15249 North 59th
Avenue, on March 28 and 29, 2003; (3) the Glendale Civic Pride Ambassadors for
an event called the Jazz Festival, to be held in downtown Glendale, between 58th
and 59th Avenues and between Glendale Avenue and Glenn Drive, on April 25, 26,
and 27, 2003; and (4) the Knights of Columbus for an event to honor public safety
personnel, to be held at St. Helen's Church, 5510 West Cholla Street, on March
22, 2003, to the State of Arizona Department of Liquor Licenses and Control, with
the recommendation for approval. The motion carried unanimously.
PUBLIC HEARING — LAND DEVELOPMENT ACTION
11. APPEAL OF CONDITIONAL USE PERMIT APPLICATION ZU-02-05: 7634
WEST CAMELBACK ROAD
Mr. Jon Froke, Planning Director, presented this item. This is a request by James
and Karen Kordon to appeal the Planning Commission's denial of a Conditional Use
Permit to allow for the expansion of the existing church and the establishment of a
private charter school in the R1-6 (Single Residence) zoning district. The church
expansion and the school require a Conditional Use Permit.
The subject property is 5.2 acres in size and is located at the northeast corner of
76th Lane and Camelback Road. The church has existed on the southernmost portion
of the property prior to annexation of the site in 1974. A conditional use permit for an
expansion was approved in 1977.
The proposed expansion is to be built in phases. According to the applicant,
Phase I will consist of improvements to the existing church buildings. Phase II will
demolish the existing church office building, renovate the two existing residences, build
an addition between the existing sanctuary and classroom and office building, and
construct a 17,500 square foot multi-purpose building.
The charter school activity will share facilities with the existing church. The
applicant proposes to provide education from kindergarten through 8th grade.
Enrollment for the private charter school will be capped at a maximum of 450 students.
The charter school enrollment is to be phased in over a period of three school years.
The charter school activity is subject to compliance with all applicable City of Glendale
codes and ordinances in addition to the requirements of the Arizona Department of
Education.
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At its September 5, 2002 public hearing, the Planning Commission denied
Conditional Use Permit ZU-02-05 by a vote of 7-0. The applicant subsequently filed this
appeal on September 18, 2002.
The recommendation was to conduct a public hearing and determine if application
ZU-02-05 meets the required findings for Conditional Use Permit approval. If the City
Council decides to approve this Conditional Use Permit, the approval should be subject
to the five stipulations recommended by staff.
Mr. Froke explained the subject property is 5.2 acres in size with arterial frontage
on Camelback Road. He said the applicant will remove all vehicular access to 76th
Lane, a private roadway west of the site, focusing all ingress and egress to the site to
Camelback Road. He stated the area was annexed in approximately 1994 and the
church has existed for almost 30 years. He explained that, subsequent to the Planning
Commission hearing on September 5, additional analysis has been done with regard to
the application and the applicant has since engaged a professional traffic engineer to
prepare a traffic impact analysis. He pointed out the application caps the ultimate
student enrollment at 450 students and requires any future ingress/egress on the
campus to be mitigated through a recommendation found in the traffic impact analysis
submitted by the applicant.
Councilmember Clark asked what, specifically, is being recommended with regard
to the one-way circulation plan. Mr. Mark Poppe, Assistant Traffic Engineer, explained
the recommended one-way circulation plan would limit all entries to access location
number 1 and exit activities to access location number 2.
Councilmember Martinez expressed concern about traffic backing up onto
Camelback at the east entrance. Mr. Poppe said their analysis indicated no stacking
would occur on Camelback Road. With regard to the western exit, Councilmember
Martinez asked if both left and right turns would be allowed. Mr. Poppe responded yes.
Councilmember Martinez questioned whether left turns onto an arterial street would
increase the potential for accidents, pointing out residents coming from 76th Lane would
compete with traffic turning left out of the school. Mr. Poppe said the analysis indicates
both driveways meet city standards.
Councilmember Goulet asked if additional access points will be needed on 76th
Lane as the applicant acquires additional land and the site is developed. Mr. Poppe
stated the analysis found the access plan would work satisfactorily, based on the future
build out of the site.
Councilmember Clark pointed out the data collection for the traffic analysis
occurred on Tuesday, November 26, 2002, asking if there is any concern that traffic
counts were lower than usual due to the Thanksgiving holiday. Mr. Poppe said he did
not have any specific concerns about the data collection, noting his independent counts
were consistent with the counts prepared by the engineer. Councilmember Clark asked
if any analysis was done with regard to future conditions in terms of capacity on
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Camelback. She also asked if the traffic analysis took into account the completion of
the Wal-Mart at the Loop 101 and Camelback or the traffic associated with the stadium
and arena. Mr. Poppe deferred Councilmember Clark's questions to the engineer who
prepared the analysis.
Councilmember Lieberman asked if the driveways on 76th Lane will be closed
once the homes owned by the Church no longer existed. Mr. Poppe said it is his
understanding access to those homes will be eliminated.
Councilmember Frate asked what he, as the city's Traffic Engineer, would
recommend be done if problems arise in the future. Mr. Poppe said he works with
schools throughout the city, noting his experience with those schools is what led to the
one-way circulation pattern.
Dr. Jim Lee, Lee Engineering, explained they established a three percent growth
factor per year based on existing volumes and historical data. He said, while an
accident occurred in February 2002, an unsafe condition does not exist. He stated
accidents are inevitable because drivers often drive too fast or are inattentive.
Councilmember Clark asked Mr. Lee if they took the arena and stadium into
consideration when determining the growth factor. Mr. Lee stated it would be difficult to
predict the amount of traffic the arena and stadium will create. He expressed his
opinion there will be no significant impact to the school from those developments, given
the typical times events are held and the school's operating hours.
Councilmember Goulet asked Mr. Lee, in his experience with comparable projects,
does he typically make recommendations with regard to access points as part of a
traffic study. Mr. Lee responded yes. Councilmember Goulet asked if they have
discussed the use of deceleration lanes and emergency response times at the time of
build out. Mr. Lee explained the need for a deceleration lane is a function of the right-
turning volume, both during peak hours and over a 24-hour period, combined with thru-
street traffic. He said he does not believe they did a deceleration analysis.
Councilmember Goulet asked if additional access points on the north and west portions
of the campus would be appropriate at full build out. Mr. Lee said their analysis
assumed and recommended that no other access points be located on 76th Lane.
Councilmember Martinez asked if most schools usually have deceleration lanes.
Mr. Lee said deceleration lanes are seen more in newer developments, acknowledging
it is always best to separate right turning traffic from thru-traffic. He said, however,
there are numerous driveways and intersections throughout the valley, with even higher
traffic volumes, that do not have deceleration lanes. He agreed with Councilmember
Martinez that a deceleration lane would improve safety.
Councilmember Martinez asked Mr. Poppe if there is sufficient room to add a
deceleration lane. Mr. Poppe said there should be adequate right-of-way for a
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deceleration lane; however, he was unable to estimate how long the lane could be
given the location of the street that leads into the subdivision to the east.
Mayor Scruggs asked what would actually be accomplished with such a short
deceleration lane. Mr. Poppe agreed shorter lanes are less efficient,requiring traffic to
back up into the thru-traffic lane once the deceleration lane is full.
Councilmember Clark asked Mr. Froke if there is any way Stipulation 4 could be
read to mean the school has the right to enroll 450 students in 2004/05 without first
completing the Phase II improvements and obtaining a new Certificate Of Occupancy.
Mr. Froke responded no, explaining the stipulation ties the proposed future expansion
to enrollment.
Mr. Froke confirmed for Councilmember Lieberman that all access to 76th Lane
would be eliminated once the church is expanded.
Councilmember Martinez asked if the school is currently only approved for 275
students. Mr. Froke said 2002/03 enrollment is capped at 225 students, while 2003/04
enrollment is capped at 275 students.
Mr. James Kordon, Applicant, thanked city staff for their assistance, stating they
accept the five stipulations recommended by city staff. He said their church currently
has between 400 and 500 members who attend services on Sunday. He explained
their purpose is to reach out and minister in Glendale and, to that end; they will use the
school to reach out to the community in terms of education. He displayed a photograph
of their property, reviewing the location of various buildings. He stated one, if not two of
the houses will be demolished once the school building has been constructed.
Karen Kordon, Applicant, explained she is the Charter Holder for Camelback
Academy and President of the school's Governing Board. She stated they were
approached two years ago by citizens in the area regarding a quality education
environment. She said she spent the next year-and-a-half researching and planning
and they were awarded a Charter contract from the Arizona State Board for Charter
Schools in April, 2002. She stated they opened their doors last September to 83
students. She emphasized their commitment to a small classroom, noting their
student/teacher ratio at the current building is capped at 20 students to one teacher and
one aid and will increase to 25 students to one teacher and one aid in Phase II. She
said their curriculum encourages students to set and achieve high goals and they have
created a character-based environment. She noted, although not required to do so by
the State Board for Charter Schools, the Governing Board made a decision to only hire
certified teachers. She said they currently have 100 students enrolled in Kindergarten
through 4th Grade. She said they are excited about their school and asked the Council
to approve their project.
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In response to Vice Mayor Eggleston's question, Ms. Kordon showed a sketch
depicting the building scheduled to be demolished. She also showed pictures of the
classrooms.
Mayor Scruggs reviewed the procedures for the public hearing, stating each
person will be allotted five minutes to speak. She said, after one hour, she will adjust
the allotted time as necessary to allow the remaining people a chance to speak. She
noted 72 people submitted speaker's cards in support of the request, but did not wish to
speak. Three people submitted speaker cards, which did not indicate their position and
not wish to speak. She would call upon those three people to verify their position. She
reviewed the findings that the Council is required to satisfy prior to granting a
Conditional Use Permit, asking citizens to direct their comments to those findings.
Mayor Scruggs opened the public hearing on Agenda Item No. 11.
Senator Jim Weirs, District #5, expressed his opinion that the property meets the
required findings. He pointed out developers who are considering coming to a
community first look at the schools and churches in the community. He said it should
be the Council's mission to encourage the development of schools and churches. He
said the school is sanctioned, operated and overseen by the State of Arizona. He
questioned why there are concerns about ingress and egress, considering the existing
church puts out three times more traffic than that anticipated for the school and has not
experienced any problems. He suggested people are looking for reasons to oppose the
project, stating it is the Council's duty to look for reasons to accept it. He said the
project represents quality education and service to God, qualities on which the country
was built.
Ms. Deborah Faillace, a resident of the City of Glendale Yucca District, stated
she lives on 76th Lane and opposes the school. She explained traffic is her main
concern, stating it is already very difficult to get off 76th Lane.
Senator Jack Harper, District #4, encouraged the Council to support the school.
He said the state has a conservative legislature this year that is dedicated to protecting
business owners, charter schools and the economy. He stated the Legislature is
particularly concerned about the protection of charter schools, noting Arizona leads the
nation in the charter school movement. He said cities often do things that contradict the
principles of the general electorate and, at times, the ability to regulate those situations
are taken from the city level in the way of preemptions.
Mr. Carliss Weedman, a resident of the City of Glendale Yucca District, stated he
also lives on 76th Lane. He said, while he is not against Charter Schools in general, he
does oppose placing 400 to 500 school children in the proposed area. He explained
traffic is already a problem and will only get worse once the school is at full enrollment.
He questioned whether a bad accident would have to occur for the city to see that it is
an unsafe situation. He asked the Council to deny the applicant's request.
13
Senator Robert Blendu, District #4, said he drives by the church everyday and, in
a way, has conducted his own traffic study. He stated he has never encountered any
unusual traffic problems, even when the church was hosting a carnival. He said it is
everyone's responsibility to help build a better community, expressing his opinion that
the proposed project represents an improvement to the community. He stated the
applicant took a deteriorating church and turned it into a vibrant community center. He
said there is now a demand for daycare, for the church and for the school. He asked
the Council to support the applicant's request.
Mr. Bill "D.R." Whitaker, a resident of the City of Glendale Yucca District,
explained he lives on the first property north of the church. He said safety is his primary
concern, suggesting an accident at the front of the proposed site would prevent
students from being able to leave the school. He noted an accident occurred in front of
the property one and a half years ago, resulting in Camelback Road being closed from
75th to 79th Avenues for approximately five hours. He said those who performed the
traffic study do not live and drive in the area every day. He assured the Council that
Camelback Road is very busy and is anticipated to get busier in the future. He
expressed his opinion the property is unsafe, suggesting it has even outgrown its
usefulness as the site of the church. He said he does not want a two-story gym located
behind his house, suggesting another location wouldbe more appropriate.
Mr. John Kordon, Senior Pastor, Camelback Community Church, congratulated
the Council on securing the stadium and arena. He said the church currently owns
three of the 10 houses on 76th Lane. He stated they have invested a lot of money on
76th Lane and would do nothing to impede the value of that investment. He pointed out
two story houses are located throughout the area, explaining the two-story building they
propose is two acres away from the nearest house. He assured the Council they are
dedicated to a level of excellence, noting they have made hundreds of thousands of
dollars worth of improvements to their facilities. He stated they really want to be an
asset to the community and want to serve the community through quality education. He
asked the Council to support the applicant's request.
Ms. Sabrina Vales, a resident of the City of Glendale, voiced her opposition to
the proposed location for Camelback Academy. She stated she is not opposed to
charter schools in general or to a church having a school. She said the Planning
Commission unanimously voted to deny the applicant's request on September 5, 2002
because of safety concerns. She noted she has had to sit on 76th Lane for as long as
11 minutes before being able to make a right turn onto Camelback Road. She asked
Council to vote no or, at a minimum, to cap enrollment, stating 450 students is too
many. She said she is opposed to the size of the proposed project, explaining the
property is too small.
Mr. Leo Condos, Attorney for Camelback Charter School, expressed his opinion
the five findings have been met. He said Glendale's growth and expansion is changing
the nature of existing residential. He explained the property is zoned R1-6 which
specifically provides an authorized and permissive use for churches and public schools.
14
He acknowledged the legitimate traffic concerns any type of expansion causes among
neighbors, stating, however, the city's traffic personnel looked at the issue and
addressed all of the potential problems. He said the plan put together by the traffic
engineer was reviewed by the city's Transportation Department and the engineer
addressed all of the questions raised by Mr. Poppe. He reported Mr. Poppe and the
traffic engineer discussed the potential for stacking problems and whether a
deceleration lane was warranted. He said it was felt stacking problems would be
unlikely and that a deceleration lane would have to be very short and therefore would
be inefficient. With regard to the impact of traffic associated with future development,
Mr. Condos stated their engineer analyzed future development and found the traffic
plan to be satisfactory. He said, while traffic issues have to be adequately addressed,
they need to be careful not to get caught up in the hysteria often associated with the
issue. He said the issues have been addressed, both by city staff and independent
professionals. He stated the five stipulations deal with specific issues, including growth
of the school.
Ms. Breanna Vales, a resident of the City of Glendale, said she addressed the
Planning and Zoning Commission during their September 5, 2002 public hearing. She
stated, after hearing the safety concerns of the neighbors, the Commission voted
unanimously that the location was inappropriate for a school. She said, nonetheless,
the school opened and children are crossing the street, people use 76th Lane to turn
around, traffic has worsened and the neighborhood is no longer as quiet as it once was.
She asked the Council to uphold the Planning and Zoning Commission's decision or, at
a minimum, to prevent the school from getting any larger.
Mr. Rickey Hipp, a resident of the City of Glendale Yucca District, noted his son
attends Camelback Academy. He said Camelback Academy offered many things he
looked for when making a decision about the education of his children. He pointed out
residents on 76th Lane transport their children to other locations in the hopes of
obtaining a better education. With regard to concerns about traffic accidents, Mr. Hipp
suggested the city consider reducing the speed limit in that area, noting 75th Avenue
has had several serious and fatal accidents. He said he lived on 76th Lane for just over
one year and had to exit onto Camelback Road. He stated he never had to wait 11
minutes, explaining it is guarded by traffic lights at both 75th and 79th Avenues. He
asked the City to support the school's efforts to provide citizens with a better choice for
education.
Mr. Robert Gillespie, a resident of the City of Glendale Yucca District, stated he
lives on 76th Lane and is concerned about the safety of both the residents and students.
He agreed traffic is terrible from 6:00 a.m. until after 8:00 a.m. and between 3:00 p.m.
and 6:00 p.m. He displayed a drawing depicting Camelback and 76th Lane, pointing out
the centerline of the Church's west drive and the centerline on 76th Lane are only 30
feet apart. He said traffic exiting out of the Church's west driveway will only be
separated by 10 feet from cars traveling on 76th Lane. He pointed out some drivers
currently make U-turns in front of 76th Lane, creating another dangerous situation. He
said Mr. Poppe came out to view the situation, but did not arrive until after 9:00 a.m.
15
when the traffic was already gone. He expressed his opinion the situation is dangerous
both for members of the church and for residents on 76th Lane. He displayed
photographs of various factors that create problems in the area, including various
vehicles blocking the view of traffic on Camelback Road from 76th Lane. He also
showed pictures of a wreck that occurred December 12, 2002 at the Church's east
driveway. He expressed his opinion the blacktop playground is also unsatisfactory. He
suggested the school be moved to another more appropriate location. He asked the
Council to deny the applicant's request.
Mr. Matthew Spangler, a resident of Peoria and a teacher at Camelback
Academy, noted the west exit has been blocked off since he has been at the school.
He said, in addition to the blacktop area, the school also has a grassy knoll playground.
He assured Council the students do not walk to school. He stated he supports the
applicant's request.
Ms. Joyce Whitaker, a resident of the City of Glendale Yucca District, stated she
is not opposed to churches or charter schools, noting they attended Camelback
Community Church for almost two years and have grandchildren who attend charter
schools. She said they thought they had succeeded in their efforts when, after carefully
reviewing all of the facts, the Glendale Planning and Zoning Commission denied the
applicant's request. She stated their decision did not effect the charter certification of
Camelback Academy, allowing the school to relocate to a more suitable location. She
said Karen Kordon, the Director of Camelback Charter Schools, is married to James
Kordon, the Administrator at Camelback Community Church and a Board member on
his wife's Charter School Board as well as a cousin to the church's Senior Pastor, John
Kordon. She pointed out all board members attend Camelback Community Church.
She said the school receives $124,000 annually in rent from Camelback Academy.
She stated the school opened on September 13, 2002, despite the Planning
Commission's ruling. She said, while the Council has all of the information pertaining to
the request, they do not live in the area or have to get onto Camelback Road on a daily
basis. She stated traffic is already bad with only 100 students enrolled at the school
and they fear what it will be like when the school reaches its ultimate enrollment. She
said Camelback Community Church and Camelback Academy have demonstrated that
they do not feel they have to abide by the rules. She urged the Council to help them by
upholding the Planning Commission's decision and denying the applicant's request.
She asked Council to at least cap the enrollment should it decide to support the
request.
Ms. Tina Higgins, a resident of the City of Glendale, expressed her opinion
Camelback Academy is one of the best schools. She assured the Council that the
school cares about safety. She said the traffic problems faced by those who live on
76th Lane are faced by every resident who lives off of a main arterial street. She stated
she has never had any problems getting in or out of the school property and she feels
the quality of the school more than makes up for the inconvenience of having to drive a
mile out of her way to turn around to drive home.
16
Mr. Geoffrey Woodruff, a resident of the City of Glendale and a member of the
Camelback Academy School Board, stated he has never experienced long delays
leaving the school property either. He said the school has always worked to be a good
neighbor and he believes the school increases the quality of life in the neighborhood.
He noted his son and daughter both go to the school and appreciate the non-violent
atmosphere the school provides.
Mr. Mark Sunderlin, a resident of the City of Glendale, said Glendale supports its
community and allows it to grow. He stated he needs a school where he knows his
children are safe and well cared for. He asked the Council to allow the school to move
forward with their plans.
Ms. Jamie Painter Castorena, a resident of the City of Glendale, stated the city's
focus should be on the children, not the residents of a small street. She said she has
two children enrolled in the school who, for the first time, are excited to go to school.
She explained her son, who has a learning disability, is able to read for the first time
thanks to Camelback Academy. She suggested the city allow the school to utilize city
• buses to transport the children, reducing the amount of traffic on Camelback.
Mr. Tyler Castorena, a resident of the City of Glendale, reminded the Council
that it is not about the playground, it's about learning, stating he has learned a lot this
year.
Ms. Stephanie Pittwood, a resident of Phoenix, said she has two daughters
enrolled at Camelback Academy. She said the school has been able to handle her one
daughter's physical challenges and she would not know what to do if the school did not
receive the requested zoning. She pointed out a number of public schools are also
located on arterial streets. She said a crossing guard is on site to direct traffic,
therefore, she does not feel traffic is a big issue.
Ms. Linda Dominguez, a resident of Phoenix, stated two of her grandchildren
attend Camelback Academy. She said they offer special needs classes and the
teachers are outstanding. She expressed her opinion the school does a good job of
directing traffic into and out of the property. She stated accidents will happen
regardless of the area and people throughout the city have had to learn to live with
increased traffic. She said she believes the school would do whatever it had to to
ensure the children receive a quality education.
Ms. Michelle Woodruff, a resident of the City of Glendale, stated she lives on
76th Lane and totally supports Camelback Academy. She said her children have
excelled academically more at Camelback Academy than at any other school in the
state. She said she has never experienced any problems getting into or out of 76th
Lane. She stated the school's staff genuinely cares about the children and are very
safety conscious. She asked the Council to support the applicant's request so as not to
deny her children the quality education they are receiving at Camelback Academy.
17
Mr. Jonathon Woodruff, a resident of the City of Glendale, stated he really likes
the school, noting this is the first year he has ever been excited to go to school.
Mr. Dan Evans, a resident of the City of Glendale Yucca District, said AIMS test
scores for the area are not very impressive, noting student math scores at various
public schools in the district ranged between nine and 14 percent. He said AIMS
scores for charter schools in Glendale were considerably higher, noting 40 percent of
3rd Grade students at Crowne Charter met or exceed in math and 80 percent met or
exceeded in reading. He said social issues are also heavily influenced by the public
and private school systems, pointing out Arizona had a teen pregnancy rate of nearly
12 percent in 1996 and the 2000 Arizona teen drop out rate was 19 percent. He stated
Camelback Academy not only offers an educational alternative to the troubled public
schools, but also has as a core standard of high morals and a drug free and violence
free environment. He expressed his opinion it is incredulous that the school had to
come back to appeal a previous denial. In his opinion, the Council has three
opportunities before it: first, to unanimously approve the application; second, to
enthusiastically endorse the foundational principals on which the school proposes to
operate; and third, to pass a resolution promoting the principals of high morals and a
drug free and violence free environment at all schools throughout the community.
Ms. Maggie Brand, a resident of the City of Glendale, stated she has not
experienced any problems accessing or exiting the school property or witnessed
children walking to school. She said one of her four daughters attends Camelback
Academy. She stated she was a school bus driver for four years and can assure the
Council that there is not a traffic problem. She asked the Council to allow the school to
move forward, stating, without quality education, the state will end up having to build
more prisons. She said, unlike in public schools, Camelback Academy's teachers keep
the parents abreast of their child's progress and inform them of any academic problems
before it is too late to do anything about them.
Ms. Victoria Dawahova, a resident of the City of Phoenix, reported two of her
sons attend Camelback Academy and have since accelerated in a number of areas.
She said she has never had a problem with traffic either. She noted her sons lost their
older brother on December 3, 2002, stating she was amazed at the support and love
their teachers showed them. She said her sons wanted to go to school because they
knew there was a genuine feeling of support. She said, unlike at public schools, the
teachers and staff at Camelback Academy know every child by name and know who
the parents are by sight and by name. She urged the Council to approve the school's
request, stating it is the only school she wants her sons to attend.
Mayor Scruggs closed the public hearing on Agenda Item No. 11.
Councilmember Lieberman asked Mr. Froke if Camelback Road will be widened
in front of the church. Mr. Froke responded no, explaining the city standard for half-
street right-of-way on an arterial street is 55 feet. He said 40 feet is already in place,
therefore the applicant would be required to dedicate 15 additional feet.
18
Councilmember Lieberman asked if there would be more right-of-way in front of the
church than there would be in front of the property to the east of the church. Mr. Froke
explained the subdivision plat already has a 55-foot half-street right-of-way. He said,
therefore, the 55-foot right-of-way would extend west from 75th Avenue. He
acknowledged there is a substandard right-of-way west of the applicant's property.
Councilmember Lieberman asked if there would be room for a deceleration lane in the
future if one was deemed necessary. Mr. Froke responded yes.
Councilmember Lieberman thanked Mr. Kordon for the tour, stating he was
impressed with both the classrooms and the building. After leaving, he drove up and
down 76th Lane and Camelback Road a number of times without any problem. He said
there is far more land available for future development than he originally thought. He
asked Ms. Kordon if their goal is to achieve an enrollment of 450 students by 2004/05
and how many classrooms would be necessary to accommodate that number of
students. Ms. Kordon explained the figure was generated by assuming two classrooms
for each grade with a maximum capacity of 25 students per classroom. She said the 7th
and 8th Grades will need additional classrooms to accommodate their different learning
needs. Councilmember Lieberman asked if they have surveyed the neighborhoods to
assess the level of interest or if they assume they will draw those 450 students from the
public schools. Ms. Kordon said they performed a survey last year and had 250
potential students from Kindergarten through 3rd Grade within three weeks. She stated
they will easily achieve their ultimate enrollment each year, assuming they are allowed
to move forward. She explained the school draws students from a three to five mile
radius around the school. She confirmed the 17,000 square foot building will
accommodate 22 classrooms. Mr. James Kordon stated the north parking lot will
accommodate up to 190 vehicles. Councilmember Lieberman asked what would
happen to the rental properties once the homes have been demolished. Mr. Kordon
said the church office will be removed to facilitate the school building, the second rental
will become the church office and the third house will either be used for storage or
demolished and used to accommodate an additional playground area. Councilmember
Lieberman asked Ms. Kordon what they have to do to obtain the state's approval of
their plan to expand to 450 students. Ms. Kordon explained their contract is already
stipulated at 450 students. Councilmember Lieberman asked what monitoring the state
would do before allowing the school to grow to that level. Ms. Kordon said the state
performs periodic, unannounced onsite visits. She noted the state has a five-acre
minimum, but otherwise leaves the school's ability to expand up to the city issuing the
Certificate of Occupancy.
In response to Councilmember Martinez's question, Ms. Kordon clarified that, while the
state has already approved an ultimate enrollment of 450 students, the City of Glendale
also has to approve that number of students.
It was moved by Eggleston, and seconded by Goulet, to approve
Conditional Use Permit Application ZU-02-05, subject to the stipulations
recommended by staff.
19
Vice Mayor Eggleston expressed his opinion that the Planning Commission's
concerns have been adequately addressed.
Councilmember Lieberman asked Mr. Flaaen if Stipulation 4 limits the applicant
to 450 students in future years as well. Mr. Flaaen responded yes, stating the applicant
would have to come back to the Planning Commission to amend the stipulation if they
wanted to increase their enrollment.
Councilmember Martinez pointed out the Planning Commission did not have the
benefit of the traffic study when it considered the application, noting a number of their
concerns were addressed by that study. He stated he toured the site and met with
many residents who live in the area and still has concerns about traffic and safety.
It was moved by Martinez, and seconded by Clark, to amend the Motion to
Approve Conditional Use Permit Application ZU-02-05, subject to the stipulations
recommended by staff, modifying Stipulation 4 to cap enrollment at 275 students.
Councilmember Clark explained she supports Councilmember Martinez's
amendment because, while she supports charter schools, she is very concerned about
traffic safety. She said lowering the number of students will improve traffic safety and
help the school retain the small, close knit character its students and parents
appreciate. She pointed out her paperwork gives no indication that the state has
approved an ultimate enrollment of 450 students.
Mayor Scruggs stated she will not support Councilmember Martinez's
amendment because the city has no real control over the number of students allowed at
public schools and she believes there should be a level playing field for Charter Schools
as well.
Councilmember Lieberman noted he spoke with the Planning and Zoning
Commission Chairman, Albert Potocki, who again expressed concern about the number
of students anticipated in the future. He said, however, he will not support
Councilmember Martinez's amendment after hearing the applicant's plan for the 17,000
square foot building and the number of classrooms.
Councilmember Goulet thanked everyone who addressed the Council,
acknowledging their care and concern for the neighborhood, the school and, most of all,
the children. He said he will not support lowering the cap for enrollment, explaining the
appropriate time for making that decision has passed. He said traffic was one of his
most serious concerns, but, given their discussions with Mr. Poppe and Mr. Lee, he is
satisfied that the fourth finding has been met. He said, while everyone wants a quality
education for their children, the Council is charged with ensuring the required findings
are met. He stated he is comfortable that the project, as recommended and modified
over the past few months, meets those required findings.
20
Upon a call for the question, on the amendment the motion failed by a vote
of 2 to 5. (Martinez and Clark voted nay).
Councilmember Clark said she will support the school, but continues to have
concerns about safety. She stated traffic is only going to increase on Camelback Road
and she fears what will happen when that parents are pulling out into traffic. She said,
however, the issue becomes whether those concerns outweigh the benefits provided by
the school.
Councilmember Martinez said he, too, will support the motion to approve,
however, he believes the residents on 76th Lane have legitimate concerns.
Mayor Scruggs expressed her opinion the city is not creating a safety hazard,
stating she believes greater safety hazards exist at gas stations located on corner lots.
She commended the citizens who attended the meeting and addressed the Council.
Upon a call for the question, the motion passed unanimously.
PUBLIC HEARING — LIQUOR LICENSES
12. LIQUOR LICENSE NO. 3-849 TEXACO STAR MART
This is a request for a new series 10 (off-sale retail, beer & wine) license for
Texaco Star Mart located at 5848 W. Olive Avenue. The previous owner operated this
business as Texaco Star Mart and held a series 10 (off-sale retail, beer & wine) license
at this location. A new license is required because a series 10 license is not
transferable.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the Arizona Department of Liquor Licenses and Control. The approval
of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
13. LIQUOR LICENSE NO. 3-856 SUPER CARNICERIA URUAPAN
This is a request for a new series 10 (off-sale retail, beer & wine) license for Super
Carniceria Uruapan located at 5821 N. 67th Avenue, Nos. 112 & 113. The previous
owner operated this business as Uruapan Carniceria and held a series 10 (off-sale
21
retail, beer & wine) license at this location. A new license is required because a series
10 license is not transferable.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the Arizona Department of Liquor Licenses and Control. The approval
of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
14. LIQUOR LICENSE NO. 3-857 PEI WEI ASIAN DINER
This is a request for a new series 12 (restaurant) license for Pei Wei Asian Diner,
which will be located at 20022 N. 67th Avenue, No. 100. There have been no prior
liquor licenses at this location. The approval of this license will increase the number of
liquor licenses in the area by one.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
15. LIQUOR LICENSE NO. 3-858 FAMOUS SAM'S
This is a request for a new series 12 (restaurant) license for Famous Sam's
located at 5016 W. Olive Avenue. The previous owner operated this business as
Famous Sam's and held a series 12 (restaurant) license at this location. A new license
is required because a series 12 license is not transferable.
The applicant is currently operating this establishment pursuant to an interim
permit issued by the Arizona Department of Liquor Licenses and Control. The approval
of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
22
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
16. LIQUOR LICENSE NO. 3-859 ORANGE FOOD STORE III
This is a request for a new series 10 (off-sale retail, beer & wine) license for
Orange Food Store III located at 7536 W. Glendale Avenue. Circle K is still operating
this business while the transfer for the series 10 is pending. Circle K has a series 10
(off-sale retail, beer & wine) license at this location.
A new license is required because a series 10 license is not transferable. The
approval of this license will not increase the total number of liquor licenses in this area.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department, the Police
Department, and the Maricopa County Health Department have reviewed the
application and have determined that it meets all technical requirements.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for approval.
Mayor Scruggs opened the public hearing on Items 12 through 16. As no
comments were made, she closed the public hearing.
It was moved by Lieberman, and seconded by Frate, to forward liquor
license applications (1) No. 3-849 for Texaco Star Mart, (2) No. 3-856 for Super
Carniceria Uruapan, (3) No. 3-857 for Pei Wei Asian Diner, (4) No. 3-858 for
Famous Sam's, and (5) No. 3-859 for Orange Food Store III to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
17. LIQUOR LICENSE NO. 3-860 EL PICOSO RESTAURANT
Mr. Flaaen reported he received a call from the Applicant, asking that this item be
tabled until the January 28, 2003 meeting.
This is a request for a new series 12 (restaurant) license for El Picoso Restaurant
located at 5821 N. 67th Avenue, No. 101. The previous owner operated this business
as T K's Café, but did not hold a liquor license. The approval of this license will
increase the number of liquor licenses in the area by one.
The establishment is over 300 feet from any school or church. No protests were
filed during the 20-day posting period. The Planning Department and the Police
Department have reviewed the application and have determined that it meets all
technical requirements.
23
The Maricopa County Health Department has determined the establishment does
not meet the minimum sanitary requirements and is recommending disapproval of the
application.
The recommendation was to conduct a public hearing and forward to the Arizona
Department of Liquor Licenses and Control with the recommendation for disapproval.
It was moved by Eggleston, and seconded by Lieberman, to Table Liquor
License No 3-860 for El Picoso Restaurant to the City Council's January 28, 2003
meeting. The motion carried unanimously.
RESOLUTION
18. PRE-ANNEXATION DEVELOPMENT AGREEMENT
Mr. Rick Flaaen, City Attorney, presented this Pre-Annexation Development
Agreement for the Pendergast parcel for use as Multi-Purpose Facility ("MPF") stadium
and parking as well as youth sports fields. The Agreement: (1) provides for annexation
of the property upon adoption of the annexation ordinance by the City Council; (2)
confirms that the Glendale 2025 General Plan designation for the property is Corporate
Commerce Center; and (3) acknowledges that the intended use of the property to
develop the MPF stadium and for parking.
The Development Agreement provides for mixed use that complies with the
intent and purpose of the General Plan for the area, providing approximately 22 acres
of retail, approximately 14 acres of housing and about 96 acres of office and
complimentary commercial uses. He stated the city will proceed with a zoning
amendment once the property has been annexed, bringing the zoning into compliance
with the city's General Plan. He said the south property is currently designated as low
density residential with 1 to 2.5 dwelling units per acre. He stated Mr. Pendergast
intends to file a minor amendment to the General Plan requesting that a mixed use of
40 percent Planned Commercial and 60 percent medium high density residential be
permitted. He said there is no requirement for the city to proceed, explaining the city's
obligation under the Development Agreement is to accept it as a minor amendment to
the General Plan and to process it according to state statutes and the city's
participation ordinance in an expeditious manner. He stated the draft document has
been previously discussed by Council in a workshop session, noting one minor change
has since been made to Section 14.R. He explained the Cardinal organization
informed the city of their need to fix the access road's location. He said, therefore, a
fixed point for the access roadway has been identified 1,110 feet north of the section
line. He assured Council the fixed location will not affect the overall usage of the
property, stating it simply allows the parking facility to be better planned.
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The recommendation was to waive reading beyond the title and adopt the
resolution authorizing the City Manager to execute the Pre-Annexation Development
Agreement on behalf of the City of Glendale.
Councilmember Clark asked if the north portion of the Annexation Agreement
currently conforms to the city's General Plan. Mr. Flaaen responded yes.
Councilmember Clark asked Mr. Flaaen to clarify the difference between a minor and
major amendment. Mr. Flaaen explained a major amendment is considered to have a
large impact on the surrounding area. He stated this case is different because of the
open space found in the western area, explaining the General Plan considers
amendments to properties less than 80 acres in the western area to be minor
amendments. He confirmed for Councilmember Clark that there would be additional
opportunities for citizen comment as the zoning application proceeds.
Resolution No. 3633 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE EXECUTION AND
DELIVERY OF A PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH
CLARENCE C. PENDERGAST, JR., SETTING FORTH THE PARTIES RESPECTIVE
RIGHTS AND OBLIGATIONS REGARDING THE ANNEXATION OF CERTAIN
PROPERTY OWNED BY MR. PENDERGAST; AND DIRECTING THAT THE
DEVELOPMENT AGREEMENT BE RECORDED
It was moved by Lieberman, and seconded by Frate, to pass, adopt and
approve Resolution No. 3633 New Series, with the amendment to Section 14.R
designating a fixed point for the access roadway 1,110 feet north of the section
line as stated by the City Attorney. The motion carried unanimously.
ORDINANCES
19. ANNEXATION ORDINANCE FOR 240 ACRES LOCATED AT THE NORTHWEST
AND SOUTHWEST CORNERS OF 9181 AVENUE AND BETHANY HOME ROAD
(ANNEXATION NUMBER 145)
Ms. Kate Langford, Acting Planning Manager, presented this item.
This is a request to annex approximately 240 acres of land. The site is located at
the northwest and southwest corners of 91S Avenue and Bethany Home Road. The
annexation process was initiated at the request of the property owner. The blank
annexation petition was prepared and recorded on October 1, 2002. A public hearing
on the proposed annexation, as required by Arizona Revised Statutes §9-471, was
conducted by the City Council on October 22, 2002. There was no public comment on
the proposed annexation.
Annexation petitions have been circulated and the City has received a sufficient
number of signatures to meet the statutory requirements for annexation. Property
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owners of at least one half of the value of the real and personal property, and more
than one half of all property owners in the proposed annexation area have signed the
annexation petition. The signatures have been reviewed for accuracy and sufficiency,
per statutory requirements. The original signed petition has been filed with the
Maricopa County Recorder's Office.
The recommendation was to waive reading beyond the title and adopt an
ordinance increasing the Glendale City Limits, as defined in the annexation petition for
Annexation Number 145.
Councilmember Clark asked if the annexation would result in the creation of a
county island. Ms. Langford explained a county island already exists and the
recommended action would actually reduce its size.
Ordinance No. 2291 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF
THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT
TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA
REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERTO
CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE
CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 145
It was moved by Frate, and seconded by Martinez, to approve Ordinance
No. 2291 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
The meeting recessed for a short break.
20. LEASE AGREEMENT WITH WESTSIDE FOOD BANK
Mr. Gilbert Lopez, Community Revitalization Manager, presented this item.
This is a request for City Council approval of a lease renewal between the City of
Glendale and the Westside Food Bank. The Westside Food Bank and the city entered
into a lease agreement in 1990 for the former fire station located at 5605 North 55th
Avenue. At that time, $80,000 of Community Development Block Grant funds were
used to renovate the building for the purpose of warehousing and the distribution of
food to families and individuals. The building has been used for this purpose since that
time. The original lease agreement was executed in 1990 for a period of three years
with rent set at $1 per year. The lease was renewed in 1993, 1996, and 1999. The
current lease expired in 2002. The new lease will be in effect from November 1, 2002
to October 31, 2007.
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The Westside Food Bank provides an excellent service and benefit to individuals
and families. In FY 2001/2002, the Glendale Food Bank distributed enough food to
serve 14,023 people. In order to continue this service, it is requested the lease be
renewed for a five-year period, at the existing rate of $1 per year.
The recommendation was to waive reading beyond the title and adopt an
Ordinance approving a five-year lease renewal between the City of Glendale and the
Westside Food Bank for the property at 5605 North 55th Avenue.
Ordinance No. 2292 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A RENEWAL OF THE LEASE AGREEMENT WITH THE WESTSIDE FOOD
BANK FOR THE PURPOSE OF WAREHOUSING AND DISTRIBUTING FOOD TO
LOW AND MODERATE INCOME PERSONS; AND AUTHORIZING THE EXTENSION
OF THE TERM OF THE LEASE FROM THREE TO FIVE YEARS
It was moved by Clark, and seconded by Lieberman, to approve Ordinance
No. 2292 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
21. LEASE RENEWAL WITH EATON INVESTMENTS, BANK OF AMERICA PLAZA
BUILDING
Ms. Kathy Sholly, Property Manager, presented this item.
This is a request to approve a one-year lease renewal with Eaton Investments,
Inc. for Suite 320 of the Bank of America Plaza.
NAI Horizon, the company under contract to manage the Bank of America Plaza
property for the city, has negotiated a lease renewal with Eaton Investments, Inc. for its
current suite in the Bank of America Plaza building. This suite contains 1,026 square
feet.
Eaton was a tenant prior to the city's purchase of the property. This lease
renewal increases the current rental rate to $16.50 per square foot, an increase of
$0.50 per square foot. The lease also requires payment of a proportionate share of
common area expenses, in the same manner as is charged to other tenants of the
building. Accepting this renewal will keep the occupancy rate of the Bank of America
Plaza at approximately 79% and generate nearly $17,000 in rental income.
The recommendation was to waive reading beyond the title and adopt an
ordinance authorizing the City Manager to execute the Lease Renewal with Eaton
Investments, Inc.
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Ordinance No. 2293 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY •
MANAGER AND CITY CLERK TO EXECUTE A LEASE RENEWAL WITH EATON
INVESTMENTS, INC. FOR OFFICE SPACE AT THE BANK OF AMERICA PLAZA
It was moved by Frate, and seconded by Clark, to approve Ordinance No.
2293 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
22.ABANDONMENT OF RIGHT OF WAY — 63RD AVENUE BETWEEN MYRTLE AND
ORANGEWOOD AVENUES
Ms. Kathy Sholley, Property Manager, presented this item.
This is a request to abandon the 63rd Avenue right-of-way between Myrtle and
Orangewood Avenues to facilitate the expansion and redevelopment of the Field
Operations Complex. This portion of 63rd Avenue is located between the existing Field
Operations Center and the proposed Field Operations Complex, formerly the Spring
City Knitting factory property.
The city owns the properties located along both sides of this portion of 63rd Avenue
and its abandonment would combine the properties into a single site.
There are no costs associated with this abandonment.
The recommendation was to waive reading beyond the title and adopt an ordinance
abandoning 63rd Avenue between Myrtle and Orangewood Avenues.
Ordinance No. 2294 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF THE RIGHT-OF-WAY
LOCATED AT 63RD AVENUE BETWEEN MYRTLE AND ORANGEWOOD AVENUES
TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING
THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2294 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman; Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
23.DEDICATION OF RIGHT OF WAY ALONG ORANGEWOOD AVENUE AT 63RD
AVENUE
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Ms. Kathy Sholley, Property Manager, presented this item.
This is a request to dedicate the northern two feet of the property at the southwest
corner of Orangewood and 63`d Avenues to facilitate the expansion and redevelopment
of the Field Operations Complex. Dedication of this area would bring the road in
conformance with the city's current street right-of-way standards along the north
boundary of the Field Operations Complex.
There are no costs associated with this dedication.
The recommendation was to waive reading beyond the title and adopt an ordinance
authorizing the City Manager to sign all documents necessary for the dedication of real
property to the public for roadway purposes.
Ordinance No. 2295 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEDICATION OF RIGHT-OF-WAY ALONG ORANGEWOOD AVENUE AT 63RD
AVENUE IN THE CITY OF GLENDALE; AND ORDERING THAT A CERTIFIED COPY
OF THIS ORDINANCE BE RECORDED
It was moved by Goulet, and seconded by Clark, to approve Ordinance No.
2295 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
24.SALT RIVER PROJECT EASEMENT AT THE WEST AREA PUBLIC SAFETY
FACILITY, 6261 NORTH 8380 AVENUE
Ms. Kathy Sholley, Property Manager, presented this item.
This is a request to grant an electrical easement to Salt River Project (SRP) across
a portion of the West Area Public Safety Facility site located at 6261 North 83`d Avenue.
This easement will allow SRP to provide power to the West Area Public Safety Facility.
There are no costs associated with the granting of this easement.
The recommendation was to waive reading beyond the title and adopt an ordinance
authorizing the City Manager to execute an easement in favor of Salt River Project for
electrical power facilities.
Ordinance No. 2296 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A POWER
DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT FOR
ELECTRICAL POWER FACILITIES AT THE WEST AREA PUBLIC SAFETY
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FACILITY LOCATED AT 6261 NORTH 83RD AVENUE; AND ORDERING THAT A
CERTIFIED COPY OF THIS ORDINANCE BE RECORDED
It was moved by Clark, and seconded by Martinez, to approve Ordinance
No. 2296 New Series. Motion carried on a roll call vote, with the following
Councilmembers voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez,
Frate, and Scruggs. Members voting "nay": none.
25.ABANDONMENT OF RIGHT OF WAY - WILLOW ESTATES
This item was tabled to a date uncertain.
This is a request to abandon the right of way known as Willow Avenue and 65th
Drive that lies within Willow Estates subdivision. This request has come from the
Willow Estates Home Owners Association (HOA). The HOA wishes to make this a
gated community with private streets to eliminate and prohibit trespassing or drive
through traffic. This abandonment is subject to the reservation by the city of all
necessary and appropriate easements allowing for continued public utility services.
The HOA's proposal to enclose this area with the use of gates will go through the
Planning Department's design review process for approval. Additionally the HOA has
agreed to take over the maintenance of the streets and street lighting and all costs
associated therewith.
The HOA has held two neighborhood meetings to hear any concerns of the
neighbors affected by this proposed abandonment and has circulated a petition
supporting this abandonment. This petition has been signed by 52% of the residents in
this area.
Staff finds no reason to recommend denial of this request, although this may set a
precedent for requesting the privatizing and gating of streets in existing neighborhoods.
To date, this type of request has only been considered in new developments.
There will be no costs associated with this abandonment.
The recommendation was to waive reading beyond the title and adopt an ordinance
abandoning Willow Avenue and 65th Drive within Willow Estates subdivision, reserving
the right of ingress and egress and a perpetual easement for utilities within the
abandonment area.
BOARDS AND COMMISSIONS
26.BOARDS AND COMMISSIONS
Appointments are to be made to the following boards or commissions that have
a vacancy or expired term.
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Effective Term
Date Expires
Industrial Development Authority
Daniels, Cecil (At-Large) Appointment 01/14/2003 08/22/2004
(Cholla)
Parks & Recreation Advisory Commission
Neyer, Kathe(Vice-Chair) Appointment 01/14/2003 01/13/2004
Personnel Board
Myers, Ronald H. (At-Large) Appointment 01/14/2003 12/22/2004
(Mayoral/Cholla)
Cordova, Albert L. (At-Large) Appointment 01/14/2003 04/22/2004
(Cholla)
Planning Commission
Bohart, Bob (Ocotillo) Re-appointment 03/25/2003 03/24/2005
Bohart, Bob (Chair) Appointment 03/25/2003 03/24/2004
Beal, Rod (Vice-Chair) Appointment 03/25/2003 03/24/2004
The recommendation was to make appointments to the Board or Commission.
It was moved by Martinez, and seconded by Lieberman, to appoint the
applicants listed above to the Industrial Development Authority, Parks &
Recreation Advisory Commission, Personnel Board, and the Planning
Commission, for the terms listed above. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Eggleston, and seconded by Martinez, to hold a City
Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on
Tuesday, January 21, 2003, to be followed by an Executive Session pursuant to
A.R.S. 38-431.03. The motion carried unanimously.
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CITIZEN COMMENTS
Mr. Leonard R. Escudero, a resident of the City of Glendale Ocotillo District,
suggested the city proactively pursue becoming the new site for the Arizona State
Fairgrounds. He also suggested the city look at partnering with the Coyotes, Cardinals
and other businesses in the sport's corridor to create a job bank of qualified applicants
for employment opportunities, with preference given to unemployed and
underemployed Glendale residents. He further suggested the city work with the
Chamber of Commerce to sponsor the painting of a mural on the rotunda.
COUNCIL COMMENTS AND SUGGESTIONS
Vice Mayor Eggleston noted the Glendale Glitter & Glow celebration will be held this
Saturday, inviting everyone to attend.
Councilmember Frate noted a shuttle will run to the Glendale Glitter and Glow
celebration from Glendale Community College. He thanked the Glendale Police
Department and other city agencies for their participation in the car seat safety checks
performed last Saturday.
Mayor Scruggs announced January is Child Safety Month in the City Safe Program.
She said she learned a lot during the car seat safety checking, including the fact that
there are very few qualified inspectors. She noted only 7 of the 127 seats inspected
were installed correctly. She thanked technicians from the Glendale Police
Department, Peoria Police Department, Fort McDowell Police Department, Good
Samaritan Hospital, Desert Samaritan Hospital, Arizona Safety Council and the Safe
Kids Coalition who all assisted in the technical aspect of inspecting and installing the
car seats. She noted equipment to facilitate the event was provided by the Glendale
Parks and Recreation Department, Glendale Police Administration, Glendale Police
Traffic Services, the Glendale Marketing Department, the Safe Kids Coalition and the
Glendale Police Community Action Teams. She said special thanks should go to the
following businesses who allowed the event to take place on their property: Home
Depot at 59th Avenue and Peoria, the Maricopa County Adult Probation Center at 67th
and Glendale Avenues, and the Greenway Promenade Business Center at 59th Avenue
and Greenway.
ADJOURNMENT
There being no further business, the meeting was adjourned at 11:00 p.m.
alr Pamela Hanna - City Clerk
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