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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/8/2011 GLEND, E MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue February 08, 2011 7:00 p.m. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Steven E. Frate and the following Councilmembers present: Norma S. Alvarez, Joyce V. Clark, Yvonne J. Knaack, H. Philip Lieberman and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Horatio Skeete, Assistant City Manager; Deborah Robberson, Deputy City Attorney; and Pamela Hanna, City Clerk. The Mayor welcomed members of the Apollo Student Council. In attendance were Amy Frauen, Kenna Harrison, Anneli Bryant, Jordan Johnston, Kaytlin Shaw, Dalton Myatt, Philip Conte, Stephanie Granada and Brianda Lomas. The Mayor also welcomed Roy Simonson of Troop 61 who is working on a Citizenship Badge and Travis Lively who is working on a Communications Badge. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 7 resolutions and 2 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 JANUARY 11, 2011 AND JANUARY 25, 2011 CITY COUNCIL MEETINGS It was moved by Clark, and seconded by Lieberman, to dispense with the reading of the minutes of the January 11, 2011 and January 25, 2011 Regular City Council meetings, as each member of the Council had been provided copies in advance, and approve 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. 1 Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 4 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 5 through 9 by number and title. Councilmember Clark asked that Item Number 9 be heard separately. 1. LIQUOR LICENSE NO. 3-1329, CARRABBA'S ITALIAN GRILL This is a request for City Council to approve a new, non-transferable series 12 (Restaurant) license for Carrabba's Italian Grill located at 5646 West Bell Road. The Arizona Department of Liquor Licenses and Control application (No. 12078613) was submitted by Amy S. Nations. The location of the establishment is 5646 West Bell Road in the Sahuaro District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 12,007. Carrabba's Italian Grill is currently operating with an interim permit, therefore, the approval of this license 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 8 07 Bar - Beer and Wine 3 09 Liquor Store - All Liquor 3 10 Liquor Store - Beer and Wine 4 12 Restaurant 20 Total 38 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. 2. LIQUOR LICENSE NO. 3-1330, LOS AMIGOS #3 This is a request for City Council to approve a person-to-person, location-to-location transferable series 9 (Liquor Store - All Liquor) license for Los Amigos #3 located at 6604 West Olive Avenue. The Arizona Department of Liquor Licenses and Control application (No. 09070313) was submitted by Gary Sadik Barno. The location of the establishment is 6604 West Olive Avenue in the Barrel District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 19,508. Los Amigos #3 is currently operating with a series 10 liquor license, therefore, the approval of this license will not increase the number of liquor licenses in the area. The series 10 2 will be surrendered upon approval of this series 9 license. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar- All Liquor 2 09 Liquor Store - All Liquor 1 10 Liquor Store - Beer and Wine 6 14 Private Club 1 Total 10 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. SEWER AND MANHOLE REHABILITATION PHASES I & II: CONSTRUCTION MANAGER AT RISK DESIGN PHASE PRE-CONSTRUCTION SERVICES This is a request for City Council to authorize the City Manager to enter into a Construction Manager at Risk (CMAR) Design Phase Pre-Construction Services Agreement with Achen- Gardner Engineering, LLC to provide pre-construction services for sewer and manhole rehabilitation throughout the city. This project addresses Council's goal of one community with high-quality services for citizens by maintaining the operational reliability of the city's wastewater collection system. The city has identified various sanitary sewer lines, manholes, and structures in its wastewater collection system in need of rehabilitation, replacement, removal, or abandonment. The required work will take place at 22 locations throughout the city impacting approximately 5,000 linear feet of sanitary sewer lines and over 50 associated manholes. These improvements are needed to maintain the integrity of the collection system and decrease maintenance issues within the system. The CMAR will help the city to determine feasible alternatives, address constructability issues, and make recommendations for the proper materials and construction methods. The CMAR contractor was chosen by a Request for Qualifications in August 2010, in which five responses were received. A selection committee, made up of staff from Engineering, Utilities and an executive from a construction firm, selected Achen-Gardner Engineering, LLC as the best qualified firm to perform the required services. 3 On November 24, 2009, Council authorized the City Manager to enter into two professional services agreements for design and construction administration services for the Sewer and Manhole Rehabilitation Project Phases I and II. Project Engineering Consultants was contracted for Phase I, and Brown & Caldwell was contracted for Phase II. These engineering consultants will work in conjunction with the CMAR to determine the best way to construct the project and modify and/or develop the plans according to conditions encountered in the field. This project will benefit the community by maintaining the integrity of the sanitary sewer system, minimizing service interruptions, and decreasing traffic disruptions caused by maintenance crews. Funding is available in the FY 2010-11 capital improvement plan. The operating cost associated with this project is minimal once completed and will be absorbed by the Utilities operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $75,697.30 Account Name, Fund,Account and Line Item Number: Sewer Line Replacement, Account No. 2420-63016-551200, $75,697.30 The recommendation is to authorize the City Manager to enter into a Construction Manager at Risk Design Phase Pre-Construction Services Agreement with Achen-Gardner Engineering, LLC in an amount not to exceed $75,697.30. 4. PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF THE PROMENADE AT PALMAIRE TENANT IMPROVEMENTS This is a request for City Council to authorize the City Manager to enter into a professional services agreement with Dick & Fritsche Design Group Inc. for design and construction administration services for the tenant improvements at the Promenade at Palmaire, located at 5835 West Palmaire Avenue. This agreement addresses Council's goal of one community with a vibrant city center by continuing the revitalization of the downtown area and enhancing the public perception of downtown Glendale. The Promenade at Palmaire was completed in 2008 and includes approximately 10,800 square feet of ground level tenant space along West Palmaire Avenue. Southwest Ambulance has leased approximately 10,000 square feet of this space from the city for their Northwest Valley operations. This professional services agreement will provide for the design and construction administration services necessary to complete the tenant improvements. This project completes the available retail space in the Promenade at Palmaire, allowing Southwest Ambulance to relocate to the downtown area. 4 Funds are available in the FY 2010-11 capital improvement plan. There are no additional operating costs to the city associated with this project, as the tenant will be responsible for these costs. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $138,730 Account Name, Fund,Account and Line Item Number: Promenade Parking/Tenant Imps, Account No. 1980-68120-551200, $138,730 The recommendation is to authorize the City Manager to enter into a professional services agreement with Dick & Fritsche Design Group Inc. in an amount not to exceed $138,730 for design and construction administration services for the tenant improvements at the Promenade at Palmaire. CONSENT RESOLUTIONS 5. INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER PROJECT This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with Salt River Project(SRP) in the amount of$9,600 for the design, construction and installation of new electrical facilities that will upgrade the irrigation system at the Sahuaro Ranch Sports Complex. This request supports Council's goal of one community with high-quality services for citizens by enabling SRP to provide electrical power to a new pump that will service the new irrigation system at the Sahuaro Ranch Sports Complex. Sahuaro Ranch Park is an 80-acre park that features historic elements and active recreation amenities that were developed 25 years ago. Due to years of high use, popularity of amenities, and the overall age of the park, a comprehensive assessment was completed to prioritize improvements for the park's existing amenities and infrastructure. As a result, the proposed improvements to the park focused specifically on renovation of the sports complex, including replacement of the turf and upgrading the irrigation system. Operation costs will be reduced as a result of a more efficient irrigation system. On June 8, 2010, Council awarded a construction contract to D. L. Withers for the renovation of the Sahuaro Ranch Sports Complex. Sahuaro Ranch Park is one of the city's most popular and highly utilized parks. Upgrading the irrigation system at the Sports Complex will improve the turf sports fields and enhance the playing experience during regional and local athletic events. 5 Funding is included in the FY 2010-11 capital improvement plan. There are no additional operations and maintenance expenses associated with this project. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $9,600 Account Name, Fund,Account and Line Item Number: Sahuaro Ranch Park Improvements, Account No. 2060-70520-550800, $9,600 The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with Salt River Project (SRP) in the amount of$9,600 for the design, construction and installation of new electrical facilities that will upgrade the irrigation system at the Sahuaro Ranch Sports Complex. Resolution No. 4455 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 ENTITLED, "CITY OF GLENDALE DISTRIBUTION DESIGN AND CONSTRUCTION CONTRACT" WITH SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT FOR THE MOUNTAIN VIEW WELL PUMP STATION PROJECT. 6. MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION This is a request for City Council to adopt a resolution authorizing the City Manager to enter into a memorandum of understanding (MOU) with the Federal Bureau of Investigation (FBI) to join the Mortgage Fraud Task Force. This MOU supports Council's goal of one community committed to public safety by enabling the Police Department to participate in a valley-wide effort to investigate instances of mortgage fraud. Federal task force agents and detectives partner with Glendale's Fraud/Forgery detectives in large scale operations combating mortgage fraud. Participation in the Task Force helps the Police Department fight mortgage fraud and fraud against financial institutions. The FBI will pay overtime as the result of task force activities. Participation in the task force enables the Police Department to combat mortgage fraud and enhances opportunities for information sharing. The MOU provides the Police Department with access to additional resources to combat financial crimes. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a memorandum of understanding with the Federal Bureau of Investigation to join the Mortgage Fraud Task Force. 6 Resolution No. 4456 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 A MEMORANDUM OF UNDERSTANDING WITH THE FEDERAL BUREAU OF INVESTIGATION TO JOIN THE MORTGAGE FRAUD TASK FORCE. 7. GOVERNOR'S OFFICE OF HIGHWAY SAFETY CONTRACT FOR THE CHILD SAFETY SEAT PROGRAM This is a request for City Council to adopt a resolution authorizing the City Manager to enter into a Highway Safety Contract with the State of Arizona Governor's Office of Highway Safety for the acceptance of a grant for the Glendale Fire Department's Child Safety Seat Program in 2011. This item addresses Council's goal of one community committed to public safety by teaching child safety seat selection, use and installation to families, new parents and caregivers in the community. Children who are unrestrained or improperly restrained in motor vehicles are a continuing safety issue nationwide. The Safe Kids USA Coalition states that motor vehicle collisions are a major cause of death for children under the age of 14. Fire Department statistics for 2007, 2008 and 2009 reveal that over 100 children under the age of 14 were transported to the hospital each year with injuries sustained in vehicle accidents in Glendale. Of those transported to the hospital, 30.6%were children under 4 years old. The Fire Department began conducting child safety seat inspections, installations and education in 2003 when a Fire Act grant provided the funding to launch this program. The Fire Department is seeking a grant through the Governor's Office of Highway Safety's Occupant Protection Program to continue offering child safety seat education in 2011. The grant will provide salary reimbursement, supplies and equipment to conduct eight child safety seat classes and eight safety seat installation events. This grant covers technician salary and benefits, seat installation supplies, shade canopies, 80 safety seats for targeted distribution and a trailer to transport these materials to promote seatbelt and safety seat awareness in the community. On April 12,2005, Council authorized the application and acceptance of a 2005 State of Arizona Governor's Office of Highway Safety grant to continue the Child Safety Seat Inspection and Education Program. On December 16, 2003, Council authorized the acceptance of the 2003 Fire Act Grant to fund the Child Safety Seat Program. The objective of this grant is to reduce the number of Glendale children riding unrestrained in passenger vehicles. Through this grant the Fire Department will reach approximately 240 Glendale families, caregivers and new parents with vital information on safety seat selection, use and installation. 7 The total grant funding requested is $20,959. Costs not covered by the grant include approximately $150 to license the trailer and on-going trailer maintenance costs of approximately $300 annually. These costs will be covered by the Fire Department's operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $20,959 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 awarded and formally executed. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a Highway Safety Contract with the State of Arizona Governor's Office of Highway Safety for the acceptance of a grant for the Glendale Fire Department's Child Safety Seat Program in 2011. Resolution No. 4457 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 ENTERING INTO OF A HIGHWAY SAFETY CONTRACT WITH STATE OF ARIZONA, GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE ACCEPTANCE OF A GRANT FOR THE OCCUPANT PROTECTION EDUCATION, TRAINING AND EQUIPMENT PROJECT BY THE GLENDALE FIRE DEPARTMENT. 8. GOVERNOR'S OFFICE OF HIGHWAY SAFETY AGENCY AGREEMENT FOR THE "CHILDREN ARE PRICELESS PASSENGERS" PROGRAM This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an agency agreement with the State of Arizona Governor's Office of Highway Safety for the Children are Priceless Passengers (CAPP) Program; and authorize the Fire Department to collect up to $25 for the class fee. This item supports Council's goal of one community committed to public safety by raising public awareness and education about the effectiveness and importance of child safety seats. Motor vehicle crashes continue to be the leading cause of death and serious physical injury for children as a result of non-usage or misusage of child safety seats. The CAPP Program has been developed for the purpose of improving the child seat usage rate in Arizona by the following methods: increasing enforcement of child restraint laws by law enforcement agencies, increasing education about the importance of child safety seats and raising public awareness about the effectiveness of child safety seats. For over 16 years the Governor's Office of Highway Safety has partnered with agencies throughout the state to be involved in the CAPP Program. The program provides child seat 8 safety classes instructed by certified technicians, and provides new child safety seats to drivers attending the classes. Program information will be provided by law enforcement agencies to drivers when issued a citation for A.R.S. § 28-907(A), child restraint law. Drivers have the option of attending the class instead of paying the fine. Additionally,the child safety classes are available to the general public. The class concludes with the students installing their child safety seat into their vehicles, which are then checked by the technicians. The Governor's Office of Highway Safety will supply the child safety seats, written materials and technical support to initiate this program. The Glendale Fire Department will provide the child safety classes. The Fire Department's Program Administrator will establish the class instructor base utilizing Fire Department volunteer car seat instructors or state-funded instructors that have successfully completed certification through the National Highway Traffic Safety Administration Standardized Child Passenger Safety Technical Training. This program will benefit the community by educating parents and caregivers on the proper use and installation of child passenger seats, as well as the State of Arizona laws regarding child passenger safety. The Governor's Office of Highway Safety will provide $3,985.40 to the Glendale Fire Department to initiate this program, which is designed to be self-sufficient and supported by class fees. The Governor's Office of Highway Safety established the class fee at $25. The fees collected will also be used to purchase future child safety seats. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $3,985.40 Account Name, Fund,Account and Line Item Number: A specific account will be established in Fund 1840, the city's grant fund, once the agreement is formally executed. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an agency agreement with the State of Arizona Governor's Office of Highway Safety for the Children are Priceless Passengers Program; and authorize the Fire Department to collect up to $25 for the class fee. Resolution No. 4458 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 ENTERING INTO OF AN AGENCY AGREEMENT WITH STATE OF ARIZONA, GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE CHILDREN ARE PRICELESS PASSENGERS (CAPP) PROGRAM BY THE GLENDALE FIRE DEPARTMENT. It was moved by Frate and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 1 through 8, including the approval and adoption of Resolution No. 4455 New Series, Resolution No. 4456 New Series, Resolution No. 4457 New 9 Series, and Resolution No. 4458 New Series; and to forward Liquor License Application No. 3-1329 for Carrabba's Italian Grill and No. 3-1330 for Los Amigos #3 to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. 9. APPLICATION FEE FOR A BUSINESS LICENSE Diane Goke, Finance Director, presented this item. This is a request for City Council to adopt a resolution establishing a $20 non-refundable application fee for certain business licenses, to become effective March 1, 2011. This request supports Council's goal of one community that is fiscally sound by establishing fees to recover costs associated with processing these types of requests. The city currently does not charge a license application fee for a few of its business license types. License applications are reviewed by various city departments, including Finance, Planning, Building Safety,and Fire, depending on the specific business activity. This proposed fee would apply generally to business applications for transaction privilege (sales) tax and business occupational and professional licenses unless a specific application fee has already been established or the business is exempt from such fees pursuant to the City Code. A survey of other cities was conducted and it was discovered that Avondale, Chandler, Mesa, Peoria, Phoenix, Scottsdale, and Tempe charge anywhere from $12 to $30 for this same application fee. By establishing this fee to process these business application requests, it would only impact those needing or utilizing the city's review services. If the business license application fee is approved, staff will work with the Marketing and Communications Department to ensure adequate notification is given to new potential business owners through press releases and notification on the city's web site. It is estimated the city could generate approximately $60,000 in new revenue annually through the establishment of this business license application fee. All revenue generated from this fee will be deposited to the General Fund. The recommendation is to waive reading beyond the title and adopt a resolution establishing a $20 non-refundable application fee for certain business licenses, to become effective March 1, 2011. Councilmember Clark asked to which types of businesses this fee would apply. Ms. Goke responded primarily retail businesses such as restaurants, bars, certain professional licenses, and residential rentals. Councilmember Clark asked what the $20.00 application fee would cover. Diane Goke, Finance Director, explained the fee will cover the city's process that is used to 10 cover the business license. Councilmember Clark remarked this was not retroactive and did not apply to old businesses that already have a license. Ms. Goke replied she was correct. Vice Mayor Frate commented that the $20.00 fee covered the city's process, however, did not cover staff time. He added the fee was not to make money, but to try and recoup some of the cost being used. Resolution No. 4459 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 ENACTING A BUSINESS LICENSE APPLICATION FEE; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Clark, and seconded by Martinez, to pass, adopt and approve Resolution No. 4459 New Series. The motion carried unanimously. PUBLIC HEARING - LAND DEVELOPMENT ACTIONS 10. ZONING TEXT AMENDMENT ZTA10-01 (ORDINANCE) (PUBLIC HEARING REQUIRED) AND SITE REVIEW FEE AND LOCATION RESERVATION FEE (RESOLUTION): MEDICAL MARIJUANA—CITYWIDE Jon M. Froke, AICP, Planning Director,presented this item. This is a request for City Council to conduct a public hearing and adopt an ordinance for Zoning Text Amendment ZTA10-01, which will adopt citywide zoning regulations concerning medical marijuana. This is also a request for City Council to adopt a resolution establishing a $225 medical marijuana site review fee and a $225 location reservation fee. The proposed zoning text amendment is consistent with Council's goal of one community with strong neighborhoods by limiting the location and concentration of medical marijuana facilities and providing buffers between facilities, neighborhoods, and schools. The site review fee and location reservation fee supports the Council's goal of one community that is fiscally sound by establishing fees to recover costs associated with processing these types of requests. Proposition 203 — The Arizona Medical Marijuana Act was approved by Arizona voters on November 2, 2010. The act allows cities, towns, and counties to enact reasonable zoning regulations concerning medical marijuana. The Arizona Department of Health Services has taken the position that if a city does not enact reasonable zoning regulations, then medical marijuana will be permitted throughout the city with one restriction, that no facility can be located within 500 feet from a school. The proposed zoning text amendment defines various types of facilities, including dispensaries, dispensary offsite cultivation locations, infusion or manufacturing facilities, and designated caregiver cultivation locations. A new section of the General Development Standards of the zoning ordinance is proposed to regulate medical marijuana. 11 The proposed zoning text amendment will apply citywide, with medical marijuana facilities being limited to non-residential zoning districts, specifically the General Office (GO), General Commercial (C-2), and Heavy Commercial (C-3) for medical marijuana dispensaries. The Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts would allow medical marijuana designated caregiver cultivation locations, medical marijuana dispensary offsite cultivation locations, and medical marijuana infusion (or manufacturing) facilities, except qualifying patient cultivation locations, which can be grown at a patient's primary residence, only if the residence is more than 25 miles from a dispensary. The proposed zoning text amendment also provides for separation between each medical marijuana facility so that no concentration of these facilities is permitted. The proposed standards also require separations from residentially-zoned properties and schools. The proposed standards also address required information at time of application submittal, facility size, and aspects of facility operation. As part of the City's zoning regulations, applications for site review and reservation will be required. During site review, research is performed by city staff to determine if the proposed business location meets the separation requirements required by the zoning ordinance. If the site meets the zoning requirements, the application to reserve the location holds the site while the applicant obtains other necessary approvals, including those from the State. A similar two-step process is currently used for Group Homes. A fee of $225 will be required for each application. If the site does not comply with zoning requirements, the $225 fee for location reservation will be refunded to the applicant. The Planning Commission recommended approval of ZTA10-01 on January 20, 2011. The proposed zoning text amendment was initiated by the Planning Commission at their January 20, 2011 workshop. This proposed zoning text amendment balances the provision of medical marijuana as provided for by the voter-approved Proposition 203, with the benefits of land use regulation which will protect neighborhoods and schools. By establishing fees associated with processing these types of applications it ensures that only those needing or utilizing the services are assessed the fees. A Notice for the City Council Public Hearing was published in The Glendale Star on January 20, 2011. Notification postcards of the City Council Public Hearing were mailed to 56 persons on the interested parties and citywide additional notification list on January 21, 2011. Staff held a neighborhood meeting on January 6, 2011, in which approximately 40 interested parties attended. A summary of questions and comments expressed during the meeting is included in the Citizen Participation Final Report. 12 The recommendation is to conduct a public hearing, waive reading beyond the titles and adopt an ordinance for Zoning Text Amendment ZTA10-01 as recommended by the Planning Commission and as modified by staff, and adopt a resolution establishing a $225 medical marijuana site review fee and a$225 location reservation fee. Councilmember Clark remarked that this proposition had been passed statewide. Mr. Jon M. Froke, AICP, Planning Director, agreed. Councilmember Clark asked if the allowance was for 167 dispensaries statewide. Mr. Froke explained the number was closer to 125 dispensaries statewide based on the amount of pharmacies located in Arizona. Councilmember Clark remarked that since the dispensaries statewide were 125, she did not expect a lot in Glendale. Councilmember Clark inquired if most of the people attending the Planning Commission's public hearing were there seeking information regarding obtaining a dispensary license. Mr. Froke stated she was correct. He added there was other information discussed regarding rules, regulations and locations. He explained the city was following what other cities were doing. He added that staff supports the zoning ordinance being presented today. Councilmember Clark noted that the only area of contention at the Planning Commission hearing was some Commissioners disagreement with the operating hours of 10:00 a.m. to 6:00 p.m. and their support for 8:00 a.m. to 8:00 p.m. Mr. Froke agreed and added that the Commission finally agreed on approving the 10:00 a.m. to 6:00 p.m. Councilmember Clark said she recognizes this was a problematic issue for a lot of people; however, a majority of the state has approved it. Therefore, she asked the Council to consider an amendment to extend the hours from 8:00 a.m. to 8:00 p.m. She believes this was not much different from a pharmacy and extending its hours to accommodate people who work late. Councilmember Martinez inquired as to the procedure if more than 125 applications are reviewed. He asked if the state had established criteria for that issue. Mr. Froke explained those decisions were made at the Department of Health Services (DHS) level. Councilmember Martinez inquired as to other cities requiring a conditional use permit for this issue and why Glendale had decided not to require conditional use permits. Mr. Froke explained staff's analysis demonstrated it was best to establish performance criteria such as distance separation and setbacks, which have been used in Glendale very successfully previously. Councilmember Martinez asked if there was a limit on how much marijuana can be grown or stored in a building. Mr. Froke noted the issue was somewhat complicated. He explained a person who qualifies as a medical marijuana patient cultivation location can grow their own marijuana in a space no larger than 50 square feet and at least 25 miles away from a medical marijuana dispensary. He added that given the geographic layout of the city, staff does not believe this particular use applies to Glendale. Councilmember Martinez reiterated his inquiry as to the limits of a large area growing and storing marijuana. Mr. Froke explained the use would be limited to M-1 and M-2 Heavy Industrial zoning districts; however, there was no limit proposed with respect to the size of buildings but other performance criteria must be met. Councilmember Martinez asked if the dispensaries would be open on weekends. Mr. Froke replied yes potentially, during the hours approved tonight. Councilmember Alvarez inquired if a person can have both a permit for cultivating and a dispensary. Ms. Deborah Robberson, Deputy City Attorney, stated that a non-profit entity can 13 obtain a dispensary license and still be able to cultivate and grow medical marijuana; the person must grow it for a maximum of five patients by state law. Councilmember Alvarez asked how they came up with the 10:00 a.m. to 6:00 p.m. hour period. Mr. Froke explained that staff's analysis established comparable hours to other retail establishments. He added the operating hours were a Police Department recommendation and staff agreed. Councilmember Clark remarked that most retail establishments stay open later and oftentimes are open 24 hours. She disagrees with the comment that most retail stores stay open 10:0 a.m. to 6:00 p m. She noted as long as this is legal,they should create some level of convenience for the people visiting these dispensaries. Mr. Ed Beasley, City Manager, explained he did not want to give the impression the hours were only based on other retailers. He indicated the greater part of this recommendation was based upon the Police Chief's recommendation and the chief's experience. Mayor Scruggs noted she was aware of Chief Conrad's strong recommendation. She commented on the Yellow Sheet report dated January 31, 2011, which provides information on the amount of dispensaries and locations based on population density. She also referenced the February 1, 2011 edition of the Arizona Republic newspaper which lays out statewide districts for dispensaries. She added in their area, 43 dispensaries were noted. Chief Conrad stated his recommended business hours were based on lessons learned by other police departments around the county dealing with medical marijuana issues. In 2009, the California Chiefs of Police Association released a white paper on marijuana dispensaries. The report describes adverse secondary effects such as murder, robberies, burglaries, loitering and complaints around the dispensaries. He stated that based on these experiences, a list was prepared for potential recommendations for zoning that included limiting the hours. He admits crime occurs at any time during the day; however, his recommendation is based on trying to limit the hours during which criminals could operate. He stated his recommendation was based solely on limiting the opportunity for criminal activity to occur in the community and to protect the safety of the employees and patrons of the dispensaries. Mayor Scruggs asked the Chief to expand on what California was dealing with regarding this issue. Chief Conrad explained the law in California has changed greatly since 1996 when first approved. He noted that in 2002, additional legislation was created and every city has essentially taken a different approach to what they allow and what rules they follow depending on the community. He indicated in some areas, they have dispensaries and in others cities, they have a variety of ways to dispense marijuana such as cannabis clubs. Mayor Scruggs asked Chief Conrad if the Arizona law regarding the dispensaries allows individual cities or counties to offer different kinds of facilities or ban them altogether. Chief Conrad stated his understanding of the law limits the city to produce and set reasonable zoning regulations, which could include the hours of operations. Mayor Scruggs asked if cities are afforded the opportunity to expand the usage of these facilities from medical marijuana to perhaps cannabis clubs in accordance with the law just passed. She asked if cities had the authority to ban so called cannabis clubs completely, if need be. Ms. Robberson replied no. She stated the proposition provides DHS with the ability to regulate the use of medical marijuana. Cities are only allowed to impose reasonable zoning 14 regulations, but they are not allowed to change the rules applying to persons or entities dealing in medical marijuana. Chief Conrad expressed his concerns regarding the public's safety surrounding dispensaries. He gave an example of clients arriving at the dispensaries with large amounts of money and leaving with quantities of marijuana, also, people outside wanting to sell marijuana cheaper to clients. He added that he had concern for the employees in the dispensary with the cash and marijuana. Mayor Scruggs asked if the dispensaries would be allowed to take credit cards. Chief Conrad responded yes. Mayor Scruggs remarked that it sounded like these dispensaries would be located in shopping centers. Chief Conrad replied they will be located in shopping centers; however, there will still be an increased police work load. Councilmember Clark stated she understood Chief Conrad's concerns; however, believes restricted business hours would not deter criminal activity since this type of business typically increases criminal activity no matter the hours of operation. She explained she did not vote to approve medical marijuana, but was obviously in the minority. Since this was now law, the dispensary is comparable to a pharmacy in Arizona. She noted she respectfully disagrees with Chief Conrad's recommendation. Councilmember Knaack asked if these dispensaries were also non-profit in California. Chief Conrad replied yes. Councilmember Knaack asked what the hours were in California. Chief Conrad explained they vary from community to community. Councilmember Knaack agreed with Councilmember Clark's observation that 10:00 a.m. to 6:00 p.m. could be very restrictive to any business. She believes that 8:00 a.m. to 8:00 p.m. would be more reasonable. Vice Mayor Frate asked if there was any data as to how many potential users lived in Maricopa County or in Arizona. Chief Conrad stated he did not have that information. Councilmember Martinez stated he was not in favor of this proposition; however, it was now law. He believes the hours from 10:00 a.m. to 6:00 p.m. are fair and reasonable for the reasons stated by the Chief of Police. He discussed the problems other states have encountered. Additionally, dispensaries will also be open on the weekend to accommodate those who cannot make the weekday hours. Councilmember Clark reiterated her statement regarding the nature of the business not the hours attracting criminal activity. Councilmember Lieberman commented on the amount of fraud committed to obtain the marijuana, as well as the resale of the material. He stated his agreement that the hours should be limited from 10:00 a.m. to 6:00 p.m. He stated his belief that daylight lessens criminal activity. He noted he did not vote for the bill and was embarrassed for the whole state that the bill was passed. He believes eight hours was enough time for someone to obtain and sell medical marijuana and would not approve extending hours. Councilmember Knaack commented on a close out-of-state friend, who uses medical marijuana. Her friend has Multiple Sclerosis and can't go out when it is hot, therefore, couldn't access a dispensary week day hours if she lived in Arizona. She explained there were always other 15 circumstances involved for serious ill people other than just the obvious difficulties. She noted they should not forget the reason why this law was passed. Councilmember Clark commented she also knows people who need and use medical marijuana just as many who voted for this proposition did. Therefore, not everyone involved in medical marijuana should be categorized as having a criminal intent or enterprise. Councilmember Martinez asked if the purchaser had to be 18 years or older. Chief Conrad replied yes. Councilmember Martinez asked if there was a provision to have someone else purchase the medical marijuana for people who were too ill to leave home. Chief Conrad stated there was a provision to designate a caretaker that will be permitted under the law to acquire the medical marijuana for the patient. He added there will be other dispensaries around the valley with different hours. He reiterated his position was to approve the limited hours of 10:00 a.m. to 6:00 p.m. and oppose extended hours. Councilmember Alvarez stated her support of staff's recommendation for limited hours. She indicated she also did not vote for this proposition; however, believes the limited hours were reasonable. She mentioned Walgreens was open 10:00 a.m. to 6:00 p.m. on the weekends. Mayor Scruggs asked staff if they knew how many establishments sold alcohol in Glendale. Chief Conrad replied he did not know. Mayor Scruggs remarked that many people use alcohol to relieve pain. She commented regarding police work load generated by alcohol consumption and substance abuse. Chief Conrad remarked the department takes a very aggressive stance towards drinking and driving, liquor licenses violations, etc. Mayor Scruggs agreed. Resolution No. 4460 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 ENACTING FEES FOR MEDICAL MARIJUANA SITE REVIEW AND LOCATION RESERVATION; AND ESTABLISHING AN EFFECTIVE DATE. Mayor Scruggs opened the public hearing on Agenda Item No. 10. Ms. Bonnie Steiger, a Sahuaro resident, stated her opposition to the medical marijuana issue. She indicated she did not vote for it and was still very against the issue. She believed there was not enough distance placed between schools, residential communities and the dispensaries. She sees no reason to extend the hours and believes the hours were reasonable. She fears this issue will get out of hand in the future and for the police department. She explained that other medicine does the same thing marijuana does, but people just prefer marijuana. She predicts many people who do not need marijuana will soon be taking it. She noted all people wanted to discuss at the Planning Commission meeting was how to open a dispensary. She encouraged the Council to be very cautious when considering this issue. Mr. Aaron Smith, speaking on behalf of the Arizona Medical Marijuana Association, thanked staff for crafting this ordinance and giving it a thorough review. He explained it was their intention with the initial drafting of this initiative to make this law in Arizona the absolute best 16 medical marijuana law in the United States. He explained some of the issues that have plagued California and believes they have learned from mistakes. He noted the initiative in Arizona was over 30 pages long as opposed to California's two pages, with no regulations. He disputed some of the claims from the police department regarding crime surrounding dispensaries. He agreed with expanding the hours from 8:00 a.m. to 8:00 p.m., keeping in mind those very sick people, who when pain flares up should have access. He also discussed the traffic issue if everyone rushed to make it by 6:00 p.m. Mayor Scruggs asked how the prescription and refill system would be handled if the prescription called for 21/2 oz of medical marijuana for a 2 week period. Mr. Smith explained doctors prescribe medical marijuana prescriptions that last for a year and refills will be tracked. Mayor Scruggs asked if it was possible to buy 2 1/2 oz of medical marijuana from a Glendale dispensary then the next day buy more from another city's dispensary. Mr. Smith explained they can buy from other city's dispensaries but the total amount cannot be more than 2'/2 oz of medical marijuana for a 2 week period. He noted the state will be tracking those purchases and enforcing the requirements. Mayor Scruggs asked if the database will be up and running on the first day medical marijuana will be sold. Mr. Smith stated the state was working overtime to complete it by the date required by law. Councilmember Martinez asked Mr. Smith who his association represented. Mr. Smith explained his organization represents prospective operators, patients and the stakeholders that drafted this law. Councilmember Martinez asked Mr. Smith if he was a lobbyist for them. Mr. Smith responded yes. Councilmember Lieberman asked how much 2'/2 oz of marijuana might cost. Mr. Smith stated that in California the cost was $200.00 to $400.00 retail price per ounce. Councilmember Lieberman asked if the dispensary was required by law to register the sale that day. Mr. Smith replied yes. He added that dispensary operators were required to be licensed by the State DHS and have the database in place. Councilmember Clark remarked that 2'/2 ounces of medical marijuana was a significant amount. Mr. Smith explained it was the equivalent of three packs of cigarettes. Vice Mayor Frate asked if Mr. Smith had an estimation of how many people were potential users of this product. Mr. Smith replied he did not know; however, believes it was much less than in Colorado and California because the law was much more strict in Arizona. He noted the maximum number of dispensaries in Glendale would be three. Vice Mayor Frate reiterated his question as to how many people might be using these dispensaries. Mr. Smith said possibly 10,000 statewide; however, he did not have an exact number because he did not know how many doctors would recommend this type of treatment in Arizona. Mayor Scruggs asked if potential dispensary operators were cleared by the state before applying for a license. Mr. Smith responded yes, there was a two step process. The first step is to get a preliminary background check and approval from the state. The next step in the process is to obtain approval from the city. 17 Mr. Gary Frye, The Healing Company, Tonopah, AZ, asked to speak about the comments made regarding crime surrounding the dispensaries. He believes any place of business exhibiting a sense of weakness is going to invite the criminal element. He indicated the issue starts with the owners of the dispensaries, as well as the surrounding businesses. He explained if businesses stick together, it helps deter the criminal element in the area. He commented that very sick people visiting these establishments are easy targets. He noted any type of business can experience crime, not only these facilities. He discussed the many serious medical issues these patients faced and how the medical marijuana helped them cope better. Mayor Scruggs closed the public hearing. Councilmember Clark asked if the requirement for obtaining state approval first was in the city's ordinance. Mr. Froke explained that tonight's agenda items addressed the rules from a zoning prospective. He noted once this portion is complete, staff will finalize their internal procedures. Councilmember Alvarez commented that with a person obtaining 2'/2 ounces of marijuana every 2 weeks, with a prescription for a year, she perceives no reason why extending facility hours would help the individual. Councilmember Clark remarked her suggestion to extend the hours was to bring the dispensaries into conformance with other retail store operating hours and make it more convenient for the patient. Mayor Scruggs stated Councilmember Martinez questioned early in this discussion whether the medical marijuana cultivation areas were restricted in size.Mayor Scruggs asked for clarification on size of medical marijuana cultivation sites as well as other restrictions. She also asked how a crop would be protected. Mr. Froke explained there was restrictions on the number of cultivation locations, as well a separation and setback requirement. Also, off-site cultivation is restricted to the M-1 and M-2 zoning districts. Ms. Robberson noted any off-site dispensary cultivation facility would have to be in a permanent building, capable of being secured. Councilmember Clark asked how many M-1 and M-2 districts there were throughout the city. Mr. Froke explained they were scattered throughout the city and were mostly located adjacent to transportation corridors. Councilmember Clark noted M-1 and M-2 zoning were in very few areas. Mr. Froke agreed. Councilmember Clark commented on a possible situation where someone can buy a large parcel of land and end up growing a large marijuana crop. She suggested imposing square footage restrictions. Mr. Froke indicated staff had put a lot of thought into this ordnance and does not propose any square footage limit on the cultivation side. Mr. Froke noted Council could possibly add an amendment to the zoning ordinance at a future date, once they know more about the process. Mayor Scruggs commented about not treating these dispensaries as though something illegal was occurring. She indicated many people receive relief from their pain from medical marijuana. She gave her father as an example of someone who might have benefited from it. She commented that typical medications sometimes hurt more than help and this can be an alternative. Additionally, she does not feel comfortable with section 7.801 of the Ordinance, 18 which does not have any limits on the size of cultivation facilities. Also, she stated it would have been helpful if Council had been given a map showing all the M-1 and M-2 zoning in the city. She believed cultivation facilities would be a huge attraction for people who want this substance for other than legal use. Councilmember Lieberman remarked crops cannot be grown outside and these facilities must be capable of being locked. Mr. Froke stated he was correct. Councilmember Lieberman commented it would cost a fortune to build a one acre facility. Vice Mayor Frate asked if other cities had addressed the square footage issue. Mr. Froke stated he did not recall any cultivation restrictions regarding size of the facility from other cities with whom they had benchmarked with the exception of the City of Mesa. Councilmember Martinez remarked that if there was no limit on the cultivation, he believes there will also be no limits on the supply to the dispensaries. Mr. Froke explained those issues would be handled by DHS. Councilmember Martinez asked to comment on the issue to amend the hours of operation from 10 a.m. to 6:00 p.m. to 8:00 a.m. to 8:00 p. m. He stated his opposition and cited Chief Conrad's recommendation. In addition after listening to Mr. Smith's discussion on the cost of marijuana, he believed the probability was high that crime might occur because of the value of the medical marijuana. He felt comfortable with limiting hours. Councilmember Clark reiterated that if crime occurs, it would occur because of the nature of the business and not because of the hours proposed. Mayor Scruggs stated the real issue is the people who will be going to these facilities. She believes very sick people need these facilities and other people, who only want to get high, will eventually find it. She provided examples of other stores that carry expensive items which people buy and carry to their cars in the parking lots. She considers this to be no different. She reiterated that because she believed people in really serious health situations were the ones going to these facilities, she supported the change to longer hours. Councilmember Alvarez reiterated that because this was still a new process, she would support staff's recommendation. Ordinance No. 2763 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING THE ZONING ORDINANCE OF THE CITY OF GLENDALE, ARIZONA, ARTICLE 2 (DEFINITIONS AND RULES OF CONSTRUCTION) BY AMENDING SECTION 2.300 (DEFINITIONS), AND ARTICLE 7 (GENERAL DEVELOPMENT STANDARDS) BY ADDING A NEW SECTION 7.800 (MEDICAL MARIJUANA); AND SETTING FORTH AN EFFECTIVE DATE. It was moved by Clark, and seconded by Knaack, to amend the hours of operation from 10 a.m. to 6 p.m. to 8 a.m. to 8 p.m. Motion carried on a roll call vote, with the 19 following Councilmembers voting "aye": Clark, Knaack, Frate, and Scruggs. Members voting "nay": Alvarez, Lieberman,Martinez. It was moved by Clark, and seconded by Martinez, to adopt the ordinance as amended. Mayor Scruggs said she had not been made comfortable when it comes to medical marijuana cultivation provisions; there was no limit on the size of the building. She asked to table this item for two weeks to find out where M-1 and M-2 zoning is located and where these buildings can be constructed. Councilmember Martinez agreed. Councilmember Martinez withdrew his second on the motion to adopt the ordinance. Councilmember Clark also agreed and added Councilmember Martinez had raised a valid issue that must be addressed before they pass this ordinance. Councilmember Knaack also agreed. Councilmember Clark withdrew the motion to adopt the ordinance. It was moved by Clark, and seconded by Frate, to table the item for two weeks. Mayor Scruggs asked if staff had to address this modification through additional public hearings. Ms. Robberson replied no. She explained additional information as to where the M-1 and M-2 zoned areas are located will be forthcoming, as well are responses to the other questions that have been raised. She stated this item can be tabled and brought back in two weeks. Councilmember Clark asked staff to also come back with some refined recommendations with regards to the size of the growing facility and possibly buffers once identified. Ms. Robberson indicated if Council's intent is to redraft the ordinance, staff will have to plan the public process once again. Mayor Scruggs suggested that within the two weeks, staff will identify the M-1 and M-2 locations and suggest possible amendments to address Councilmember Clark's concerns. Ms. Robberson agreed. Councilmember Martinez remarked he was not clear on this voting process. Ms. Robberson discussed the amendment process and the process of tabling an item. Councilmember Lieberman suggested this go back to the Planning Commission as well as additional public hearings since it was a complex issue for many. He added he did not want the public to later say they did not get a chance to hear the issues or speak to them. Mayor Scruggs explained this must be done before March 1, 2011 or no regulations or stipulation can be enacted by the city. She explained they did not have time to go through another public hearing and once again through the Planning Commission. Ms. Robberson again explained the process and added that they had not amended the ordinance, but amended a section 20 for further consideration in passing the ordinance. She noted the Council was simply postponing their vote on whether or not to adopt this ordinance. Councilmember Alvarez remarked that many M-1 zoned lots were in the Ocotillo District, therefore, she feels comfortable postponing this vote until they receive additional information. She does not want a lot of these types of crops produced in her district. Councilmember Clark remarked that if they had the luxury of time, staff could bring it back to the Planning Commission for review; however, the deadline is March 1, 2011 and there was no time. She explained to Councilmember Martinez that the majority of the Council has approved the change in the hours as a text amendment and in two weeks, they will have the opportunity to vote on the entire ordinance. Mayor Scruggs stated that before Council is a motion and a second to table this ordinance for two weeks to be heard again on February 22, 2011. In the meantime, staff will provide them with information on the locations of M-1 and M-2, as well as discuss limitations on the size of any structure that might be built on that land for the purposes of cultivating marijuana. The motion carried unanimously. It was also moved by Clark, and seconded by Knaack, to table the resolution for Item Number 10, Resolution No. 4460, for two weeks. The motion carried unanimously. ORDINANCE AND RESOLUTION 11. BUSINESS LICENSE FOR MEDICAL MARIJUANA ESTABLISHMENTS It was moved by Clark, and seconded by Knaack, to table Item Number 11 for two • weeks. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Frate, and seconded by Knaack, to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, February 15, 2011, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Arthur Thruston, a Glendale resident, stated that attending this meeting was far more interesting than watching television. He explained he was very interested in city issues such as the casino, Coyotes and marijuana regulation. He stated he had been approached by Glendale police because he had been asking many questions and visiting city hall. He wanted to apologize if he caused anyone concern. He thanked several Glendale staff members who helped him with his questions. He discussed the casino issue and how the Council was handling the matter. He commented the Chamber of Commerce, who will have the Mayor as a guest speaker, was 21 planning a trip to a casino. Mayor Scruggs stated she was not speaking at a casino but at the Glendale Civic Center. Bob Gonzalo, a Glendale resident, stated his approval of how the meeting was handled tonight and believed that was how democracy should work. He believed each issue should be handled the same way. He believed the issues with the casino and Coyotes should also be transparent and the public should hear both sides. He would like his representatives to not vote for an issue until they examine both sides. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Alvarez suggested that the section for citizen comments should be at the beginning of the meeting, not the end. She believes citizens wait too long to speak. She stated she had made this suggestion before and would like them to consider it. Councilmember Clark congratulated the Green Bay Packers on their Super Bowl win. She stated she learned a lot about medical marijuana this evening and thanked everyone for their patience tonight. She noted there were many ways to get both sides of any issue in today's world and encouraged anyone interested in city issues to use the internet. Councilmember Lieberman remarked that he strongly supports the casino effort. He thanked everyone for attending tonight. Vice Mayor Frate offered information on alarm permits and registration. He explained the reasons behind why Glendale approved the alarm ordinance. He reminded everyone to watch children around water. He wished his wife a happy anniversary. Councilmember Martinez thanked staff for the great work prepared on the medical marijuana issue. Councilmember Knaack also thanked staff for all their hard work. She also thanked everyone for attending the Chocolate Affaire. She discussed the resolution that was passed tonight, reducing the amount of Glendale children riding unrestrained in passenger vehicles. She encouraged everyone to place their children in car seats and booster seats while riding in a vehicle. Mayor Scruggs stated the Glendale Chamber of Commerce is hosting its 60th Annual Business Meeting and they have offered her the opportunity to deliver the State of the City Speech on Wednesday, February the 16th. She noted Mr. Steve Ellman, a Westgate developer, and also an original owner of the Coyotes Hockey Team, will be attending and speaking at the event. She noted that in answer to a citizen comment, evidently, the Chamber of Commerce was also taking a trip to a legal operating casino within the state of Arizona. She added the city appreciates all casinos and wants them to continue to be successful, for all those they serve. 22 ADJOURNMENT There being no further business, the meeting was adjourned at 9:40 p.m. Pamela Hanna- City Clerk 23