HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/12/2010 rink
GLENIV,E
MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
October 12,2010
7:00 p.m.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Seven E.
Frate and the following Councilmembers present: Joyce V. Clark, David M. Goulet, Yvonne J.
Knaack, H. Philip Lieberman and Manuel D. Martinez.
Also present were Horatio Skeete, Interim Assistant City Manager; Nick DiPiazza,
Deputy 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 8 resolutions and 4 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 SEPTEMBER 28, 2010 CITY COUNCIL
MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the reading of the
minutes of the September 28, 2010, Regular City Council meeting, as each member of the
Council had been provided copies in advance, and approves them as written. The motion carried
unanimously.
CONSENT AGENDA
Items on the consent agenda are of a routine nature or have been previously studied by the
City Council at a work session. They are intended to be acted upon in one motion.
Mr. Horatio Skeete, Interim Assistant City Manager asked that item numbers 11, 15 and
16 be pulled from the agenda administratively.
Mr. Horatio Skeete, Interim Assistant City Manager, read agenda item numbers 1 through
5 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 6 through 10
by number and title.
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1. SPECIAL EVENT LIQUOR LICENSE, THE BEAD MUSEUM
This is a request for City Council to approve a special event liquor license for The Bead
Museum. The event will be held at The Bead Museum located at 5754 West Glenn Drive on
Wednesday, November 17, 2010, from 6 p.m. to 9 p.m. The purpose of this special event liquor
license is for a fundraiser.
If this application is approved, the total number of days expended by this applicant will be one of
the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license only if the
Council recommends approval of such license.
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
Based on the information provided under the background, it is staff's recommendation to
forward this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
2. LIQUOR SAMPLING PRIVILEGES NO. 3-0495, SAFEWAY
This is a request for City Council to approve liquor sampling privileges to a current series 9
(Liquor Store—All Liquor) license. Safeway is located at 20305 North 67`" Avenue, #100. The
Arizona Department of Liquor Licenses and Control application (No. 09070370S) was submitted
by Janice Louise Martin.
This series 9S is a new, non-transferable request for sampling privileges attached to the current
series 9 license. This series 9S is subject to specific rules that are regulated by the Arizona
Department of Liquor Licenses and Control.
The location of the establishment is 20305 North 67th Avenue, #100, and is located within the
Cholla District. The property is zoned SC (Shopping Center). The population density within a
one-mile radius is 18,696. This series 9S is a request for sampling privileges attached to the
current series 9 license, therefore, the approval of this request will not increase the number of
liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed
below.
Series Type Quantity
06 Bar-All Liquor 1
07 Bar- Beer and Wine 3
09 Liquor Store -All Liquor 3
10 Liquor Store - Beer and Wine 2
12 Restaurant 10
14 Private-Club 1
Total 20
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The Maricopa County Health Department and the City of Glendale Planning, Police and Fire
Departments have reviewed the application and determined that it meets all technical
requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
3. LIQUOR LICENSE NO. 3-1309, CALICO JACK'S
This is a request for City Council to approve a person-to-person, location-to-location transfer
series 6 (Bar - All Liquor) license. Calico Jack's is located at 6770 North Sunrise Boulevard,
Suite G109. The Arizona Department of Liquor Licenses and Control application (No.
06070670) was submitted by Randy D.Nations.
The location of the establishment is 6770 North Sunrise Boulevard, Suite G109 and is located
within the Yucca District. The property is zoned PAD (Planned Area Development). The
population density within a one-mile radius is 5,765. Calico Jack's is currently operating with a
series 12 liquor license, therefore, the approval of this license will not increase the number of
liquor licenses in the area. The series 12 will be surrendered upon approval of this series 6
license. The number of liquor licenses within a one-mile radius is as listed below.
Series Type Quantity
03 Domestic Micro - Brewery 1
06 Bar- All Liquor 6
07 Bar-Beer and Wine 4
10 Liquor Store - Beer and Wine 2
11 Hotel/Motel 1
12 Restaurant 13
Total 27
The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire
Departments have reviewed the application and determined that it meets all technical
requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
4. OFF TRACK WAGERING LICENSE NO. 4-4152, AMERICAN GREYHOUND RACING,
INC.
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This is a request for City Council to approve a new person and location transferable Off Track
Wagering (Teletracking and Pari-Mutuel System) license. American Greyhound Racing, Inc. is
requesting to operate within Arizona Pizza Company at 8110 West Union Hills Drive, Suite B3-
350. The application was submitted by Daniel Luciano.
On August 11, 2009 and May 25, 2010, City Council approved Off Track Wagering licenses for
Turf Paradise and Yavapai Downs, respectively,to operate within Arizona Pizza Company. The
approval of this license will add dog racing to the already approved year-round horse racing.
The location of the establishment will be inside the Arizona Pizza Company at 8110 West Union
Hills Drive, Suite B3-350, and is located within the Cholla District. The property is zoned C-2
(General Commercial). The population density within a one-mile radius is 15,526. Under the
provisions of A.R.S. §§ 5-101,et seq., the Arizona Department of Racing may issue a permit to
operate an additional wagering facility only if the Council recommends approval of such license.
The City of Glendale Planning, Police,Building Safety, and Fire Departments have reviewed the
application and determined that it meets all technical requirements.
Based on information provided under the background, it is staffs recommendation to forward
this application to the Arizona Department of Racing with a recommendation of approval.
5. AWARD OF PROPOSAL FOR THE TAXI TRANSPORTATION PROGRAM
This is a request for City Council to authorize the award of a proposal and authorize the City
Manager to enter into an agreement for the Taxi Subsidy Program with Life, Inc. to administer
and operate specialized transportation services for the City of Glendale.
This request addresses Council's goal of a city with high-quality services for citizens by
continuing to provide transportation options to residents with special transportation needs.
The Taxi Subsidy Program was developed to provide transportation to eligible Glendale
residents requiring special-needs transportation including people with repetitive medical needs
such as dialysis and chemotherapy. A component of the program also provides rides for victims
of domestic violence. Last fiscal year, the program provided more than 4,000 trips, and since
2005 has provided over 17,000 trips to Glendale residents.
A Request for Proposal was published on June 11, 2010, and only one proposal was received due
to the specialized nature of this transportation service. Specific criteria including cost, customer
service, experience with similar projects, and an implementation timeline was evaluated. It was
determined that the offer met all of the necessary requirements and is within budget. The terms
and rates are consistent with the previous agreement. This agreement is for one year with an
option to extend for four additional years in one-year increments.
On September 13, 2005, Council approved an agreement for the Taxi Subsidy Program. The
agreement ended on June 30, 2010 and the City Manager entered into a temporary agreement
with Life, Inc. which is due to expire on October 31, 2010.
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Recognizing the need for transportation beyond what is provided by Dial-a-Ride and fixed route
services, the Taxi Subsidy Program provides a transportation option for Glendale residents who
require special-needs transportation. The program provides transportation for repetitive medical
therapy treatments as well as transportation for victims of domestic violence.
Funds are available in the FY2010-11 GO Transportation Program operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $85,000
Account Name, Fund,Account and Line Item Number:
Fixed Route, Account No. 1660-16540-518200, $85,000
The recommendation is to authorize the award for the Taxi Subsidy Program and authorize the
City Manager to enter into an agreement with Life, Inc. in an amount of$85,000, and to renew
the agreement, at his discretion, for an additional four years, in one-year increments.
CONSENT RESOLUTIONS
6. DEPARTMENT OF JUSTICE GRANT AWARD
This is a request for City Council to adopt a resolution authorizing the City Manager to accept
grant funding from the Department of Justice in the approximate amount of$1,000,000.
This grant supports the Council goal of one community committed to public safety by focusing
on public safety with the replacement of the current Computer Aided Dispatch (CAD) system
and Records Management System (RMS) with a more advanced system.
The Police Department plans to use this funding towards the replacement of its current CAD
system and RMS. This grant will be used in conjunction with previously awarded Edward Byrne
Memorial Justice Grants. The replacement CAD and RMS software would include modules for
records management, dispatch, field reporting, property and evidence management, booking and
crime analysis.
On June 22, 2010, August 11, 2009, and April 28, 2009, Council approved the acceptance of
Edward Byrne Memorial Justice Grants to be used toward the upcoming replacement of the CAD
system and RMS.
The replacement CAD system and RMS will provide improved access to "real time" crime data
for crime response and analysis and enhanced access to critical information for officers
responding to calls for service.
There is no financial match required for this grant. This is a one-time funding by the U.S.
Department of Justice.
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Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $1,000,000
Account Name, Fund,Account and Line Item Number:
A specific account will be established in Fund 1840, the city's grant fund, once the grant is
formally executed.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
acceptance of grant funding from the Department of Justice in the approximate amount of
$1,000,000.
Resolution No. 4422 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 THE ACCEPTANCE OF A DEPARTMENT OF
JUSTICE GRANT FOR TECHNOLOGY IMPROVEMENTS BY THE GLENDALE
POLICE DEPARTMENT IN THE APPROXIMATE AMOUNT OF$1,000,000.
7. VICTIM'S RIGHTS PROGRAM GRANT ACCEPTANCE
This is a request for City Council to adopt a resolution authorizing the Police Chief to accept a
grant in the approximate amount of $77,400 and the City Attorney to accept a grant in the
approximate amount of$5,500 from the State of Arizona Office of the Attorney General for the
Victim's Rights Program.
These grants meet the Council goal of one community with high-quality services for citizens by
allowing the Police Department and the Prosecutor's Office to continue serving victims within
the community.
One of the services provided by the Police Department and Prosecutor's Office is the timely
notification of victims regarding the status of their cases and the status of the arrested suspects as
they move through the criminal justice system. Funding from these grants will be used to help
the departments offset costs associated with the performance of duties that are mandated under
victims' rights laws. These grants fund a majority of the salary and benefits for a current full-
time victim assistance caseworker as well as operating costs for the victim notification database,
the publication and distribution of victims' rights brochures and costs associated with victim
notification.
On October 13, 2009, Council approved the acceptance of the FY 2009-10 Victim's Rights
Program Grant.
There is no financial match required for this one-time funding. Operating expenses for the victim
notification database are covered by this grant.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
6
X $82,900
Account Name, Fund,Account and Line Item Number:
A specific account will be established in Fund 1840, the city's grant fund, once the grant
agreement is accepted.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
Police Chief to accept a grant in the approximate amount of$77,400 and the City Attorney to
accept a grant in the approximate amount of $5,500 from the State of Arizona Office of the
Attorney General for the Victim's Rights Program.
Resolution No. 4423 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA ACCEPTING TWO GRANT OFFERS TOTALING
APPROXIMATELY $82,900 FROM THE STATE OF ARIZONA, OFFICE OF THE
ATTORNEY GENERAL,FOR THE VICTIM'S RIGHTS PROGRAM.
8. INTERGOVERNMENTAL AGREEMENT WITH ADOT FOR BELL ROAD PAVEMENT
PRESERVATION PROJECT
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an intergovernmental agreement with the Arizona Department of Transportation (ADOT) for a
pavement overlay project on Bell Road between 59th and 70th Avenues.
These improvements support Council's goal of one community with high-quality services for
citizens by implementing a pavement management program that will rebuild street sections and
maintain pavement conditions for motorists.
The section of Bell Road from 59th to 70th Avenues has been identified as a high priority corridor
for pavement overlay. Due to savings in Glendale's share of American Recovery and
Reinvestment Act (ARRA) funding for Transportation, surplus federal funds have been
identified for construction of this project.
Construction of this ADOT-administered project which includes milling, repaving with a
rubberized asphalt cap, and full depth structural paving is anticipated to begin no sooner than
April of 2011. The sections of Bell Road to be rehabilitated will also include utility cover
adjustments, pavement markings, and traffic signal loop detectors. ADOT will advertise, bid,
and award this project.
On June 22, 2010, Council approved a professional services agreement with Dibble& Associates
to adjust the Bell Road pavement design to meet federal requirements.
On October 27, 2009, Council approved an intergovernmental agreement with ADOT for the use
of ARRA funds for Glendale transportation projects.
7
On February 24, 2009, Council approved a professional services agreement with Dibble &
Associates for design and preparation of construction plans for the Rubberized Asphalt Overlay
Program.
Maintaining and rebuilding city streets will improve safety for motorists and contribute to
continued high-quality commercial development within the Bell Road corridor.
ARRA funds in the amount of$1,016,837 and federal Surface Transportation Program funds in
the amount of$265,006 are available for this project and will be administered by ADOT. There
is a $253,319 financial match required. Funds for the financial match are available in the FY
2010-11 GO Transportation capital improvement plan.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $253,319
Account Name, Fund,Account and Line Item Number:
Arterial Overlay, Account No. 2210-65082-551200, $253,319
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into an intergovernmental agreement with the Arizona Department of
Transportation for construction of a pavement overlay on Bell Road between 59th and 70th
Avenues.
Resolution No. 4424 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA,
DEPARTMENT OF TRANSPORTATION, FOR THE PAVEMENT PRESERVATION
PROJECT FOR BELL ROAD FROM 59TH TO 70TH AVENUES.
9. INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PHOENIX FOR FIXED
ROUTE BUS SERVICES
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an annual intergovernmental agreement (IGA) with the City of Phoenix for the continued
operation of fixed route bus services in the City of Glendale.
This agreement supports Council's goal of one community with high-quality services for citizens
by making transportation options more convenient for residents and visitors.
Fixed route bus services in Glendale will be provided by an agreement with the City of Phoenix
at an estimated cost of $8,110,795 for FY 2010-11. The Regional Public Transportation
Authority (RPTA) will provide $3,703,589 directly to the City of Phoenix on behalf of Glendale
towards the cost of this service, and the remaining $4,407,206 will be provided by the GO
Transportation Program.
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For over 28 years, fixed route bus service has been provided in Glendale through an IGA with
the City of Phoenix. This agreement will provide continuation of fixed route bus service in
Glendale. The amount of service in this agreement has been reduced as a result of the loss of
state transit funds, and reflects a reduction of fixed route transit service on Union Hills Drive and
Thunderbird Road to adjust for the loss of funds.
On October 13, 2009, Council approved an annual IGA with the City of Phoenix for fixed route
services.
This agreement provides the citizens of Glendale with a portion of the bus service on Union Hills
Drive; Bell, Thunderbird, Cactus, and Bethany Home Roads; Northern, Olive, Peoria, 51st, 59th
and 67th Avenues. Fixed route bus service is provided to more than two million riders in
Glendale annually.
A public hearing was held by the RPTA in Glendale Council Chambers on May 19, 2010 to
receive input on potential impacts to bus service in the region, including Glendale. The cuts
were due to the loss of state transit funds and decreased sales tax revenues. A total of 18 people
attended this regional public meeting on potential changes to valley wide transit service, and to
provide comment on any changes in the region. The majority of the comments received at this
meeting were unrelated to Glendale's transit service.
Funds are available in the FY 2010-11 GO Transportation Program operating budget The cost is
an estimate provided by the City of Phoenix.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $4,407,206
Account Name, Fund,Account and Line Item Number:
Fixed Route, Account No. 1660-16540-518200, $4,407,206
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into an intergovernmental agreement with the City of Phoenix for the
continued operation of fixed route bus services in Glendale.
Resolution No. 4425 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
CONTRACT CHANGE ORDER NO. 1 TO THE INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF PHOENIX FOR THE OPERATION OF FIXED
ROUTE BUS SERVICES IN THE CITY OF GLENDALE.
10. INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSIT
AUTHORITY FOR TRANSIT SERVICES
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This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an annual intergovernmental agreement with the Regional Public Transit Authority (RPTA) for
the continued operation of fixed route bus services in the City of Glendale and reimbursement of
paratransit services for the Americans with Disabilities Act (ADA) eligible riders.
This agreement supports Council's goal of one community with high-quality services for citizens
by making transportation options more convenient for residents and visitors.
This agreement provides regional funding for two transit programs in Glendale; fixed route
service and ADA transit service.
Most fixed route bus services in Glendale will be provided through an agreement with the City of
Phoenix at a cost estimated at $8,110,795 for FY 2010-11. The RPTA will provide $3,703,589
towards the cost of this service and the remaining $4,407,206 is provided by the GO
Transportation Program. This agreement secures the RPTA portion of the funding that will be
provided to Phoenix for fixed route transit services in Glendale, as well as provides funds for
express routes serving Glendale.
Due to a decrease in the regional sales tax revenue last year some service impacts occurred. Two
express routes previously funded through this agreement were discontinued in July, 2010. The
amount in this agreement reflects those service reductions.
This agreement also provides partial reimbursement of ADA paratransit costs with funds
provided through Proposition 400. Glendale provides ADA paratransit service within three-
quarters of a mile of fixed route service as required by the ADA legislation. The agreement
provides for reimbursement of ADA paratransit costs up to $375,465 for FY 2010-11, and the
amount is reduced from previous years due to the decrease in regional sales tax revenues.
On October 13, 2009, Council approved an IGA with the RPTA for transit services. This is an
annual agreement to provide funding for bus service in addition to the funding provided by the
GO Transportation Program.
This agreement provides citizens of Glendale with funding for bus service on Glendale, Peoria,
Grand, 59th, and 67th Avenues and all express routes in Glendale. Fixed route bus service was
provided to more than 2 million riders in Glendale last year, and Glendale's ADA paratransit
service provided over 18,600 rides last year.
A public hearing was held by the RPTA in Glendale Council Chambers on May 19, 2010 to
receive input on potential impacts to bus service in the region, including Glendale. The cuts
were due to the loss of state transit funds and decreased sales tax revenues. A total of
18 people attended this regional public meeting on potential changes to valleywide transit
service, and to provide comment on any changes in the region. The majority of the comments
received at this meeting were unrelated to Glendale's transit service.
Regional transit funds will provide $3,703,589 towards the cost of some fixed route service. In
addition, this agreement with RPTA provides for reimbursement of ADA paratransit expenses up
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to $375,465 for FY 2010-11. Reimbursement funds will be deposited into account 1660-01660-
455800, GO Program Miscellaneous Revenues.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into an intergovernmental agreement with the Regional Public
Transportation Authority to continue the provision of public transportation services in Glendale.
Resolution No. 4426 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
THE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) FOR
THE PROVISION OF PUBLIC TRANSPORTATION SERVICES.
11. GLENDALE MUNICIPAL AVIATION ADVISORY COMMISSION BYLAWS
This item was pulled administratively and not heard.
It was moved by Frate and seconded by Knaack, to approve the recommended
actions on Consent Agenda Item Nos. 1 through 10, including the approval and adoption of
Resolution No. 4422 New Series,Resolution No. 4423 New Series, Resolution No. 4424 New
Series, Resolution No. 4425 New Series, and Resolution No. 4426 New Series; and to
forward Special Event Liquor License Application for The Bead Museum for a fundraiser
on November 17, 2010 from 6 p.m. to 9 p.m. at 5754 W. Glenn Dr. and Liquor License
Application No. 3-0495 for Safeway Liquor Sampling Privileges and No. 3-1309 Calico
Jack's to the State of Arizona Department of Liquor Licenses and Control, with the
recommendation for approval; and forward Off Track Wagering License No. 4-4152,
American Greyhound Racing to the Arizona Department of Racing with the
recommendation for approval. The motion carried unanimously.
PUBLIC HEARING- LAND DEVELOPMENT ACTIONS
Agenda Items Nos. 12 and 13 were considered together.
12. REZONING APPLICATION ZON 10-01 (ORDINANCE): SPORTSMAN'S PARK EAST—
9435 WEST MARYLAND AVENUE (PUBLIC HEARING REQUIRED)
13. GENERAL PLAN APPLICATION GPA10-01 (RESOLUTION) AND REZONING
APPLICATION ZON10-02 (ORDINANCE): SPORTSMAN'S PARK WEST—6250
NORTH 95th AVENUE (PUBLIC HEARING REQUIRED)
Mr. Jon Froke, AICP, Planning Director, presented these items.
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This is a request for City Council to conduct a public hearing and adopt an ordinance to rezone
from Agricultural to Planned Area Development for the property located at the southeast corner
of 95`h and Maryland Avenues.
The proposed Rezoning is consistent with the Council goal of one community with quality
economic development by providing a mixed-use employment center with compatible retail,
hotel, entertainment, and housing. Approval of this request will position the city for continued
economic vitality in the Loop 101 Corridor.
The approximate 58 acre site, titled Sportsman's Park East will include retail, office, hotel, and
residential land uses. The development plan will create a project that contains complementary
land uses unified by architecture, landscaping signage, lighting, and open space.
The Planning Commission recommended approval of ZON10-01 on August 5, 2010.
The project will allow continued growth in the city's Sports and Entertainment District and
substantially contribute to a strong, self-sustaining office, residential, retail, and hotel hub that
can be an economic resource to the community.
A public notice for the City Council public hearing was published in the Glendale Community
Section of the Arizona Republic on September 25, 2010, and The Glendale Star on September
30, 2010. The property was posted on September 16, 2010. Notification postcards were mailed
to 487 property owners and interested parties on September 24, 2010.
At the Planning Commission public hearing held on August 5, 2010, two individuals spoke
regarding the project. One individual supported the project and the other individual opposed the
project.
While the applicant met all of the city's legal notification requirements for citizen input, at the
August 5, 2010 Planning Commission public hearing, the applicant agreed to hold a second
neighborhood meeting as suggested by the Commission. On August 27, 2010, the applicant
mailed 487 notification letters to adjacent property owners and interested parties inviting them to
a second neighborhood meeting held on September 8, 2010. Approximately 25 individuals
attended the meeting. The applicant addressed questions regarding the timing of development,
building heights, parking, and traffic volume.
The recommendation is to conduct a public hearing, waive reading beyond the title and adopt an
ordinance for rezoning application ZON10-01, subject to the stipulations as recommended by the
Planning Commission and as modified by staff.
This is also a request for City Council to conduct a public hearing and adopt a resolution to
amend the General Plan Land Use Map from Corporate Commerce Center to Entertainment
Mixed Use and adopt an ordinance to rezone from Agricultural to Planned Area Development for
the property located at the southeast corner of Loop 101 and Maryland Avenue.
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The proposed General Plan Amendment and Rezoning are consistent with the Council goal of
one community with quality economic development by providing a mixed-use employment
center with compatible retail, hotel, entertainment, and housing. Approval of these requests will
position the city for continued economic vitality in the Loop 101 Corridor.
The approximate 71 acre site, titled Sportsman's Park West will include retail, hotel, office, and
residential land uses. The development plan will create a project that contains complementary
land uses unified by architecture, landscaping, signage, lighting, and open space.
The Planning Commission recommended approval of GPA10-01 and ZON10-02 on August 5,
2010.
The project will allow continued growth in the city's Sports and Entertainment District and
substantially contribute to a strong, self-sustaining office, residential, retail, and hotel hub that
can be an economic resource to the community.
A public notice for the City Council public hearing was published in the Glendale Community
Section of the Arizona Republic on September 25, 2010, and The Glendale Star on September
30, 2010. The property was posted on September 16, 2010. Notification postcards were mailed
to 487 property owners and interested parties on September 24, 2010.
At the Planning Commission public hearing held on August 5, 2010, two individuals spoke
regarding the project. One individual supported the project and the other individual opposed the
project.
While the applicant met all of the city's legal notification requirements for citizen input, at the
August 5, 2010 Planning Commission public hearing, the applicant agreed to hold a second
neighborhood meeting as suggested by the Commission. On August 27, 2010, the applicant
mailed 487 notification letters to adjacent property owners and interested parties inviting them to
a second neighborhood meeting held on September 8, 2010. Approximately 25 individuals
attended the meeting. The applicant addressed questions regarding the timing of development,
building heights, parking, and traffic volume.
The recommendation is to conduct a public hearing, waive reading beyond the titles and adopt a
resolution for General Plan Amendment GPA 10-01 and adopt an ordinance for rezoning
application ZON10-02, subject to the stipulations as recommended by the Planning Commission
and as modified by staff.
Ordinance No. 2742 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO
PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN TITLED
"SPORTSMAN'S PARK EAST" LOCATED AT 9435 WEST MARYLAND AVENUE;
AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE.
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Resolution No. 4428 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING THE GENERAL PLAN MAP OF THE CITY OF
GLENDALE,ARIZONA, BY APPROVING GENERAL PLAN AMENDMENT GPA10-01
FOR PROPERTY LOCATED AT 6250 NORTH 95th AVENUE.
Ordinance No. 2743 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, REZONING PROPERTY FROM A-1 (AGRICULTURAL) TO
PAD (PLANNED AREA DEVELOPMENT) FOR A DEVELOPMENT PLAN TITLED
"SPORTSMAN'S PARK WEST" LOCATED AT 6250 NORTH 95TH AVENUE;
AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE
Councilmember Goulet expressed his appreciation to the applicant and property owner
for their efforts in working with the city on this complex project. He inquired if it was possible
for development to occur simultaneously both in the east and west, should the economy improve.
Mr. Froke responded that it was a possibility. Councilmember Goulet asked about a letter from
Mr. Curley dated September 22nd referring to a traffic impact study which states there would be
no negative impact from the phase one development project. Mr. Jamsheed Mehta, AICP,
Transportation Director, explained the traffic study had been completed for only Phase one. He
noted that as Phases were introduced, additional studies will be performed and reviewed.
Councilmember Goulet remarked that it was important to note the project will be reviewed as it
develops. Mayor Scruggs asked what the benchmarks for each Phase were. Mr. Froke stated
there will be further design reviews for every new project that is developed.
Councilmember Clark began her comments stating she believed strongly in the Bidwill's
right to develop this land. She explained the Bidwill's bought the land with every expectation to
develop it at some point. Their desire to use a majority of these parcels for office complexes is
commendable and good for Glendale. However, she had hoped a compromise on buffers and
building setbacks between the proposed development and the Grand Canal Linear Park could be
reached. She noted the applicant's proposal is four times the density of Westgate on
significantly less land. She questioned the buffers being proposed and their ability to protect the
Grand Canal Linear Park, which was one of west Glendale's major amenities. Mr. Froke stated
the buffers proposed were approximately 20 feet. The range in building heights for Sportsman's
Park East is approximately 20 feet to 60 feet. Councilmember Clark commented that as it stands,
a 30 foot tall building could be built 20 feet away from the Park's sidewalk as shown in the aerial
map slides. Mr. Froke agreed and added they were comfortable with the setbacks and what
might be built there. Councilmember Clark asked what the building heights for Sportsman's
Park West were. Mr. Froke stated the building heights range anywhere from 20 feet to 200 feet
in height.
Councilmember Clark inquired as to the amount of parking spaces for residential units.
Mr. Froke stated it was 1 or 1.5 per unit. Councilmember Clark noted the city's zoning
ordinance requires a one bedroom unit to have one space, two or more bedrooms to have two
spaces and one designated guest space for every three units. However, that was not what the
applicant was offering. Mr. Froke explained the PAD will basically act as the zoning ordinance
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for both Sportsman's Park West and East. He and staff felt confident that adequate parking will
be provided whether it be the 14,000 parking spaces or whether it was for a hotel or condo
development. Councilmember Clark remarked that she would prefer greater assurance than only
assumptions. Councilmember Clark indicated the applicant proposes to place design graphics
and displays on the parking garage facades. She asked if the applicant provided a maximum
percentage of allowable graphics and displays. Mr. Froke believed it was approximately 50% as
stated in the sign section of the PAD. Councilmember Clark stated if that was the case, she
would not offer a stipulation.
Councilmember Clark remarked on the traffic studies done for the phase build-out. She
indicated three key intersections were left out. The three intersections in question are Camelback
Road/101, Camelback Road/91st Avenue and Glendale Avenue and the 101 access. She asked if
any of these intersections might be included in future traffic studies. Mr. Froke explained this
was covered under stipulation 8 on the Sportsman's Park West application. Additionally, as
previously addressed, there have been many months of extensive traffic study by city staff, and
traffic engineers as well as several other project departments on this issue. He noted he was
confident stipulation 8 covered that item. He read stipulation 8 aloud. Councilmember Clark
noted that after hearing the stipulation, she believes those three intersection could be added in the
future if pertinent to the project.
Councilmember Clark asked what would constitute a major amendment to this plan. She
asked for an example. Mr. Froke stated for example, a major change could occur if an outdoor
water or theme park was proposed for development. Councilmember Clark required further
clarification on what is meant by an overall increase of more than 15% in either the number of
residential units or square footage of commercial mix-use for the property, except as otherwise
allowed by the PAD. Mr. Froke explained the commercial and residential footage as well as the
listed allowances for each project. Councilmember Clark asked if they were considering
including these proposed developments for possible inclusion in the Community Facility District.
Mr. Jim Colson, Deputy City Manager, stated the CFD has been contemplated and so far created
to include city owned property; however, there was always the possibility that they would
expand the CFD to include other properties. Moreover, any inclusion of any particular property
has to be a voluntary decision on the part of the land owner.
Councilmember Martinez asked if the 20 foot setback was the first number offered. Mr.
Froke explained the discussions associated with buffer setbacks and how they were determined.
He indicated the applicant had discussed other options; however, staff was comfortable with the
20 foot setback.
Vice Mayor Frate commented on Thunderbird Paseo Park in his district. He indicated
that the apartment's buffer parking near the park seems to only collect trash, waste space and
make it harder to get to the park area. He noted Councilmember Clark's assertion that hundreds
of people use the Grand Canal Linear Park; however, he would like to see thousands more use it
with the many amenities coming soon. He added this also creates a safer environment with the
higher amount of people in the area.
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Councilmember Knaack remarked on the Sustainability Conference, she and
Councilmember Goulet attended in Portland. She indicated that the area they toured also had the
same integrated buffers as proposed by the applicant along the river and it looked beautiful. She
explained they had seating areas, large planters, stores and restaurants all integrated as buffers.
She envisions the same type of buffers being developed and integrated in this project.
Mayor Scruggs asked when they actively started working on this application. Mr. Froke
stated that discussion started in early December of 2009.
Mr. Mike Curley, representing the owners addressed the council. He stated this case has
been recommended by staff which has worked on the review process for over ten months. The
Planning Commission has supported every aspect. He explained they had spent an enormous
amount of time researching and examining every avenue. He noted the many meetings they had
with engineering and traffic departments. He also noted the close working relationship they had
with the Pendergast and Bidwill Families and how they have resolved any outstanding issue. He
explained the Council has already unanimously approved over a dozen master plans as shown on
the slide. They note this development has less height and density than other projects directly
adjacent to them. He provided statistics of surrounding projects with much more density and
building heights than was being proposed in this development. He wanted to clarify that they
were not doing anything different than what was already developed in the area along the 101. He
commented that the 150 acres was always planned for development. The right to develop
including the obligation to provide 14,000 parking spaces was established by an earlier
agreement between the city, the Cardinals, and Arizona Sports and Tourism Authority. The
14,000 parking spaces must be maintained throughout build out. Therefore, surface parking
spaces will be replaced with parking structure as required.
He also discussed that at full build-out; there will still be thousands of surface parking
spaces available for tailgate parties. He clarified that stadiums in urban developments were not a
new concept and other cities have been extremely successful using this model. He explained this
area was the only hole in the doughnut that has not been rezoned and the reason for the current
developments. Additionally,the great lawn and plaza will be zoned to allow for festivals and
other special events similar to those hosted in Scottsdale and Tempe.
Mr. Curley asked to address some of Councilmember Clark's concerns. He explained the
many meetings they had with the city's traffic engineers making it possible to work out a traffic
plan that included stipulations recommended by staff. He indicated that key intersections and
streets from 91St to 99th and Camelback Road to Northern Avenue will be evaluated. It was
determined that up to 20% build out of this development can be completed without
compromising the existing intersections and streets. A new traffic study is required in
conjunction with Design Review for all phases for the project subsequent to Phase I.
He reiterated that with anything over the 20% mark, they will come back with another
traffic analysis to justify the new development. He stated this was the only project in the
surrounding area subject to that type of stipulation. He reviewed several stipulations including
preserving the open space, Grand Canal Linear Park landscape areas and the requirement of 5%
of east and west to be landscape and open space. As a result, 20% of the entire site will be open
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space, which exceeds every other project they have reviewed. He discussed their plans for the
Grand Canal interface as well as Councilmember Clark's suggestions. He explained that
Councilmember Clark's suggestion of having 115 to 150 feet of setback distance was
unreasonable. He stated that from a design stand point, they disagree with that philosophy.
Furthermore, they believe the park experience is enhanced by bringing the architecture forward
as was mentioned by Councilmember Knaack's tour experience in Portland. They subsequently
agreed to a 20 feet setback with no parking as a buffer. He presented slide pictures of similar
architecture used in areas in Tempe Town Lake and Scottsdale.
Mayor Scruggs explained she permitted Mr. Curley to speak longer than the 15 minutes
allowed because of the new issues raised tonight. She also thanked him for not being repetitive
and for also bringing visuals to help tell the story.
Councilmember Clark remarked her suggestion had not been for a 150 foot buffer, but
rather a 50 foot buffer for the east side. Mr. Curley apologized and stated his comments were
relative to the west side of the complex. Councilmember Clark stated she does not object to the
height or density in Sportsman Park; however, has concerns with the intensity of over 4 million
square feet of development immediately against the Grand Canal Linear Park, which deserves a
little bit of respect. She explained she too had envisioned it to be heavily landscaped. She noted
that the park was a passive two miles of walking,jogging, riding and biking. She stated that on
the west side, she did ask for a 100 foot buffer since several buildings were projected to be 100
to 200 feet in height. She noted she was disappointed that the applicant was not willing to
discuss options as was his right; however, that also meant she did not have to support the project
either.
Councilmember Clark asked for clarification on the 1.5 parking ratio. Mr. Curley stated
the 1.5 was an average that is required for every apartment; however, in the end, it will be what
the parking ordinance states anyway. He clarified that the Grand Canal Linear Park was very
important to the applicant and they simply had a difference in their philosophy and approach to
the project. Councilmember Clark reiterated her position on the matter.
Vice Mayor Frate asked if he heard correctly that this was the only project in the area that
had to come back for traffic analysis as the project grows. Mr. Curley explained this was the
only project that had a regulator, which restricts development beyond the 20%. Vice Mayor
Frate agreed with the process and thanked them for agreeing to it as it was in the best interest for
everyone.
Councilmember Goulet stated he appreciated and was helped with the visual architectural
and landscaping slides brought forward to assist the Council understand their concept. He
believes that both the architecture and landscaping will enhance the people's enjoyment of the
area. Mr. Curley explained that at the last Planning Commission meeting, he had spent a lot of
time going through the design review process so the public would understand the extent of the
process.
Councilmember Lieberman expressed his concern that 20 feet was not a lot of distance
for a buffer. However, he did like their explanation and the slide graphics he provided the
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Council. He noted the build-out plan suggests that at 10 years, build-out will be at 20%, 20 years
at 50% and 40 years at 100%. As a result, this build-out will not happen overnight with total
development far in the future.
Mayor Scruggs stated Councilmember Lieberman made a good point. She also clarified
Councilmember Clark's remarks, stating that the Westgate development was originally proposed
as a 6 million square foot project. Consequently, they cannot at the moment predict the future
and what will be appealing and attractive 40 years down the road. She stated all they could do
was make the best decisions they can today. She noted it was in Glendale's best interest to have
the land ready for use when the economy recovers.
Mayor Scruggs opened the public hearing on Agenda Item No. 12 and 13.
Kenneth Sturgis, a Yucca resident, stated he had attended every meeting for the stadium
zoning proposal; however, has never received any notices from the applicant about this massive
urban development, which he opposes. His only notices have been received from
Councilmember Clark's newsletters. He stated his concerns were many; however, the main issue
was the massive build-out,which means building the stadium twice over. He remarked he never
expected this type of urban development and believes neither did the 52% of the voters who
voted for Prop 302 in 2000. He indicated that of the current 31 NFL stadiums, at least 24 have
open green ways and parking areas and not crowded commercial densities. He quoted from an
article depicting how traffic and mass overcrowding takes away from people's enjoyment. He
noted the economy and how Glendale lagged behind Phoenix and Tempe's hotel occupancy rate.
He explained he and his family moved to Glendale for its friendly and open planning
environment and frequently uses the Grand Canal Linear Park for bicycle riding to the stadium.
Mayor Scruggs closed the public hearing.
It was moved by Goulet, and seconded by Knaack, to approve Ordinance No. 2742
New Series.
It was moved by Clark to amend the motion to include additional stipulations to the
zoning application regarding building setbacks on the east park development. The motion
did not have a second and failed to move forward.
It was moved by Clark and seconded by Lieberman to change the parking
stipulations to follow the city's current Zoning Code requirements.
The amendment carried on a roll call vote with the following Councilmembers
voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members
voting"nay": none.
A motion was made by Clark,seconded by Lieberman, to reduce the signage and
graphics on the parking garages to be no more than a 50% of the facades.
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Mayor Scruggs stated she was not comfortable voting against something that has been
thoroughly discussed and studied over many months. Additionally, she does not clearly
understand the signage issue enough to vote against it. She trusted the city's design review team
and noted signage is emotional and affects different people in different ways.
Councilmember Martinez asked Mr. Froke for his view. Mr. Froke stated he was
confident with the review design process as stated in the PAD, as was the applicant.
Councilmember Lieberman stated Councilmember Clark's stipulation of a 50% was
better than leaving it up to possibly 100%.
Mayor Scruggs asked Mr. Froke if his department would have the final say on the design
process on individual projects. Mr. Froke explained the graphics will be reviewed on an
individual basis when a project comes forward for design review. Mayor Scruggs indicated
since that was the case; they should stay away from percentages since it might drive the
possibility to 100%. She explained they might be doing more harm than good since they might
try and even it out to 50% sometime in the next 40 years.
Councilmember Clark remarked she did not buy that argument. She indicated her
concerns were that every façade will be filled to the maximum. She noted that since the PAD
does govern and says nothing about the amount of signage, a 50% compromise would work. Mr.
Curley explained these graphics only applied only to the parking garages. Furthermore, he
understands they will be subject to the design review process as the project unfolds.
Mayor Scruggs commented that the Council had recently granted permission to use their
buildings for advertising revenue. Therefore, she feels strongly they should not grant for
themselves what they would deny the private sector. Councilmember Clark restated her
concerns.
Clark restated the motion, seconded by Lieberman, that the signage and graphics
would be an aggregate amount not more than 50%. The motion failed with the following
Councilmembers voting "aye": Clark and Lieberman. Members voting "nay": Goulet,
Knaack,Martinez,Frate and Scruggs.
The motion to approve Ordinance 2742 as amended carried on a roll call vote,with
the following Councilmembers voting "aye": Goulet, Knaack, Martinez, Frate, and
Scruggs. Members voting "nay": Clark and Lieberman.
It was moved by Martinez, and seconded by Frate, to pass, adopt and approve
Resolution No. 4428 New Series. The motion carried with Clark voting "nay".
It was moved by Martinez, and seconded by Knaack, to approve Ordinance No.
2743 New Series.
It was moved by Clark to add the same stipulation for parking. The motion failed
to move forward,as there was no second.
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The motion to approve Ordinance No. 2743 New Series carried on a roll call vote,
with the following Councilmembers voting "aye": Goulet, Knaack, Martinez, Frate, and
Scruggs. Members voting"nay": Clark and Lieberman.
ORDINANCES
14. LEASE OF CERTAIN REAL PROPERTY AT THE GLENDALE MUNICIPAL AIRPORT
WITH FIRST NATIONAL BANK OF OLATHE
Jim Colson, Deputy City Manager, presented this item.
This is a request for the City Council to adopt an ordinance authorizing the City Manager to
enter into an Agreement with First National Bank of Olathe (FNBO) for the interim operation of
the fixed base operations (FBO) at the Glendale Municipal Airport (Airport); and further direct
the City Manager to execute the necessary amendments to the related Lease and Development
Agreement.
This agreement supports the Council's goal of one community with quality economic
development. This hanger and office development has been marketed to aviation-related
corporate sectors.
On May 21, 2010, Glendale Aviation assigned all of its rights and interests in and under the
initial agreement to FNBO. FNBO has assumed control of the FBO Agreement and will assume
control of the Lease and Development Agreement.
FNBO has cured all known defaults in the FBO operations and will work with the city to assure
the FBO operations are transferred to a qualified operator. During the interim, FNBO and its
agents will abide by all Federal Aviation Administration rules, regulations, and grant assurances,
as well as abide by all rules and regulations of the Airport. Additionally, FNBO will keep the
city regularly informed of the activity and operations of the FBO.
On December 11, 2007, Council authorized the Use and Lease Agreement with Rightpath to
provide FBO services at the Airport.
On August 14, 2007, Council authorized the Development Agreement with Rightpath.
Adequate aircraft facilities are important in meeting the needs of executives and professionals
relocating to Glendale.
The approval of the real property lease will result in continuity of FBO operations and assure
continued revenues from operations at the Airport.
The recommendation is to waive reading beyond the title and adopt an ordinance authorizing the
City Manager to execute an Agreement with First National Bank of Olathe for the interim
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operation of the fixed base operations at the Airport; and further direct the City Manager to
execute the necessary amendments to the related Lease and Development Agreement.
Ordinance No. 2744 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 AN AGREEMENT WITH THE FIRST NATIONAL BANK OF OLATHE
FOR THE INTERIM OPERATION OF THE FIXED BASE OPERATIONS AT THE
GLENDALE MUNICIPAL AIRPORT; AND DIRECTING THE CITY MANAGER TO
EXECUTE THE NECESSARY AMENDMENTS TO THE RELATED LEASE AND
DEVELOPMENT AGREEMENT.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance No.
2744 New Series. Motion carried on a roll call vote, with the following Councilmembers
voting"aye": Clark, Goulet, Lieberman,Knaack,Martinez,Frate, and Scruggs. Members
voting "nay": none.
15. TEXT MESSAGING WHILE DRIVING ORDINANCE
This item was pulled administratively and not heard.
RESOLUTION
16. TEXT MESSAGING WHILE DRIVING CIVIL PENALTIES RESOLUTION
This item was pulled administratively and not heard.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Frate, 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, October
19, 2010,to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion
carried unanimously.
CITIZEN COMMENTS
There were no citizen comments.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark invited everyone to her Fall Yucca District meeting on November 3, 2010
from 5:00pm to 7:30 pm, at the Fire Station on 83rd Avenue and Bethany Home Road. She
explained that at this meeting, she will encourage the public to come and speak on issues
important to them and their community.
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Councilmember Goulet thanked Chief Burdick and staff for putting on a wonderful Fire Parade
in the City of Glendale.
Councilmember Lieberman reminded everyone about his district meeting on October 20, 2010,
held at Sunset School at 6:00pm. He encouraged everyone to attend. City staff will attend to
answer questions and to discuss recent developments in Glendale. He invited everyone to the
Veteran's Day Ceremony on November 6, 2010, at Westgate.
Vice Mayor Frate thanked all city employees who helped clean up the city after the recent storm.
He invited everyone to his meeting, October 13, 2010 at the Starbucks in the Fry's Shopping
Center on 67th Avenue and Bell Road. He also reminded everyone to watch children around
water.
Councilmember Martinez invited everyone to his Cholla District meeting, October 20, 2010 at
the Foothills Aquatic Center at 6:30pm.
Councilmember Knaack commented on the amount of claims reported from the recent storm.
She stated her insurance company had received over 11,000 car and 5,000 home claims and
claims were still coming in. She asked people to be patient and to also help elderly people with
clean-up whenever possible.
Mayor Scruggs also thanked city employees for their assistance in the recent storm. She
remarked on how proud they make the city in countless ways. She appreciates all the work done
as well as the swift response in which they do it. She also thanked the management staff for their
leadership and guidance.
ADJOURNMENT
dopThere being no further business, the ' g was adjourned at 9:30 p.m.
Pamela Hanna- City Clerk
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