HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/24/2009 MINUTES OF THE REGULAR MEETING OF THE COUNCIL
OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA,
HELD TUESDAY, FEBRUARY 24, 2009, AT 7:00 P.M.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor
Manuel D. Martinez and the following Councilmembers present: Joyce V. Clark, Steven
E. Frate, David M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman.
Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City
Manager; Craig Tindall, 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 two resolutions 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 FEBRUARY 10, 2009 CITY 'COUNCIL
MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the
reading of the minutes of the February 10, 2009 regular City Council meeting, as
each member of the Council had been provided copies in advance, and approve
them as written. The motion carried unanimously.
BOARDS,COMMISSIONS AND OTHER BODIES
This is a request for the City Council to approve the recommended appointments
to the following boards, commissions and other bodies that have a vacancy or expired
term and for the Mayor to administer the Oath of Office to those appointees in
attendance.
Effective Expiration
Commission on Persons with Disabilities
Danielle Bohall Ocotillo Reappointment 02/27/2009 02/27/2011
Gary Charlson Barrel Appointment 02/24/2009 04/26/2010
Shirley Galvez Yucca Reappointment 03/22/2009 03/22/2010
Ricki Ray Cactus Reappointment 02/27/2009 02/27/2010
Robert Koehler Sahuaro Reappointment 02/27/2009 02/27/2011
Ricki Ray — Chair Cactus Reappointment 02/26/2009 02/26/2010
Robert Koehler—Vice Chair Sahuaro Appointment 02/26/2009 02/26/2010
Parks & Recreation Advisory Commission
Rodney Passmore— Chair Ocotillo Reappointment 02/26/2009 02/26/2010
Liz Farley—Vice Chair Mayoral Reappointment 02/26/2009 02/26/2010
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Personnel Board
Al Lenox Barrel Appointment 02/24/2009 12/23/2010
The recommendation was to make appointments to the boards, commissions
and other bodies and administer the Oaths of Office.
It was moved by Martinez, and seconded by Frate, to appoint Danielle
Bohall, Gary Charlson, Shirley Galvez, Ricki Ray and Robert Koehler to the
Commission on Persons with Disabilities; Rodney Passmore and Liz Farley to the
Parks & Recreation Advisory Commission; and Al Lenox to the Personnel Board,
for the terms listed above. The motion carried unanimously.
PROCLAMATIONS AND AWARDS
WHITE CANE MONTH PROCLAMATION
This is a request for the City Council to proclaim the month of February 2009 as
White Cane Month. The City of Glendale is fortunate to have the Glendale Sunrise
Lions Club, the Glendale Evening/Longhaven Lions Club, and also the Glendale Bellair
Lions Club provide our citizens services such as assistance with food and clothing
needs, collecting donations for the food bank, and assisting the handicapped and
elderly with shopping requests. These Glendale Lions Clubs also raise funds to
purchase eyeglasses for children in need throughout Glendale.
Michael Shine, Zone Chairman of the Glendale Sunrise, Glendale
Evening/Longhaven, and Glendale Bellair Lions Clubs, will be present to accept the
proclamation.
Lions Clubs are an international network of 1.3 million men and women in 205
countries and geographic areas who work together to answer the needs that challenge
communities around the world. Known for working to end preventable blindness, Lions
participate in a vast variety of projects important to their communities. These projects
range from cleaning up local parks to providing supplies to victims of natural disasters.
White canes are used by the blind and visually impaired for independence and
mobility.
The recommendation was to present the White Cane Month Proclamation to the
Glendale Sunrise, Glendale Evening/Longhaven, and Glendale Bellair Lions Clubs.
Mayor Scruggs presented the White Cane Month proclamation to Michael
Shine, Zone Chairman of the Glendale Sunrise, Glendale Evening/Longhaven, and
Glendale Bellair Lions Clubs.
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Mr. Shine thanked the Mayor, City Council and the citizens of Glendale for this
honor. He informed them they had clubs in their group that were 81, 47 and 7 years old
that have served the community greatly for a total of 131 years. He noted they had
been challenged by Helen Keller to help the visually impaired and the blind. He added
there were other areas the Lions Club works on; however, working for the blind was
their priority. He thanked everyone for their continued support.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 6 and Ms.
Pamela Hanna, City Clerk, read consent agenda resolution item numbers 7 and 8 by
number and title.
1. LIQUOR LICENSE NO. 3-1224, CACTUS MARKET
This is a request for the City Council to approve a person-to-person transfer
Series 9 (Liquor Store — All Liquor) license. Cactus Market is located at 12252 North
51st Avenue. The Arizona Department of Liquor Licenses and Control application (No.
09070693) was submitted by Nawar Mohsein Yosif.
The location of the establishment is 12252 North 51st Avenue, and is located
within the Sahuaro District. The property is zoned C-2 (General Commercial). The
population density within a one-mile radius is 17,859. The establishment is over 300
feet from any church or school. This Series 9 is a person-to-person transfer license
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 5
07 Bar— Beer and Wine 1
09 Liquor Store—All Liquor 6
10 Liquor Store — Beer and Wine 6
12 Restaurant 5
Total 23
The City of Glendale Planning, Fire, and Police Departments, as well as
Maricopa County Health Department, 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 staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
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2. LIQUOR LICENSE NO. 3-1226, CACTUS WILLY'S BAR & GRILL
This is a .request for the City Council to approve a person-to-person transfer
Series 6 (Bar — All Liquor) license. Cactus Willy's Bar & Grill is located at 6322 West
Bell Road. The Arizona Department of Liquor Licenses and Control application (No.
06070065) was submitted by Becky Kay Pirtle.
The location of the establishment is 6322 West Bell Road, and is located within
the Sahuaro District. The property is zoned C-2 (General Commercial). The population
density within a one-mile radius is 12,335. The establishment is over 300 feet from any
church or school. This Series 6 is a person-to-person transfer license 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 10
07 Bar— Beer and Wine 3
09 Liquor Store —All Liquor 2
10 Liquor Store— Beer and Wine 4
12 Restaurant 24
Total 43
The City of Glendale Planning, Fire, and Police Departments, as well as
Maricopa County Health Department, 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 staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
3. LIQUOR LICENSE NO. 3-12271 GLENDALE MINI MART
This is a request for the City Council to approve a new, non-transferable Series
10 (Liquor Store — Beer and Wine) license. Glendale Mini Mart is located at 5904 West
Glendale Avenue. The Arizona Department of Liquor Licenses and Control application
(No. 10075738) was submitted by Simon Nassim Isaac.
The location of the establishment is 5904 West Glendale Avenue, and is located
within the Ocotillo District. The property is zoned C-2 (General Commercial). The
population density within a one-mile radius is 20,981. The establishment is over 300
feet from any school; however, it is 140 feet from the nearest church. In accordance
with A.R.S. § 4-207 (C) (2), the 300-foot rule does not apply to this license due to being
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grandfathered. This Series 10 is a new license 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 3
07 Bar— Beer and Wine 4
09 • Liquor Store—All Liquor 4
10 Liquor Store— Beer and Wine 19
12 Restaurant 14
14 Private Club—All Liquor 4
Total 48
The City of Glendale Planning, Fire, and Police Departments, as well as
Maricopa County Health Department, 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 staffs
recommendation to forward this application to the Arizona Department of Liquor
Licenses and Control with a recommendation of approval.
4. PROFESSIONAL SERVICES AGREEMENT - RUBBERIZED ASPHALT
OVERLAY PROGRAM PLANS AND SPECIFICATIONS
This is a request for the City Council to approve a professional services
agreement with Dibble Engineering for the preparation ofconstruction plans and
specifications for the Rubberized Asphalt Overlay Program.
This project supports the Council's goals of one community focused on public
safety for citizens and visitors, and a city with high-quality services for citizens through
proactive planning efforts focused on proper maintenance and construction of roadway
surfaces in the City of Glendale. The Council supports proper maintenance of the city's
streets, which maximizes their serviceable life.
Infrastructure Management Services recently completed pavement management
services for arterial roadways within the City of Glendale. Using data gathered in the
development of the pavement management program, the scope of work for this
agreement includes the design and preparation of the construction plans, details,
specifications and approximate costs for construction packages. This engineering
approach to managing pavement is necessary in order to design rehabilitation activities
that properly address the needs of each individual street segment. Dibble Engineering
was selected to complete this project through a request for proposal process.
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Each year the Council has approved asphalt overlay projects to preserve the
condition of the pavement on arterials, collectors and residential streets.
Designing effective construction plans, details, and specifications for preserving
and rebuilding our streets maximizes their serviceable life and provides the driving
public with safe and smooth reconditioned asphalt roadways.
Funds are available in the Fiscal Year 2008-09 capital improvement plan. There
are no operating costs associated with this project once it is completed.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $195,200
Account Name, Fund, Account and Line Item Number:
Arterial Overlay, Account No. 2210-65082-551200, $195,200
The recommendation was to approve the professional services agreement with
Dibble Engineering in the amount of$195,200, for the preparation of construction plans,
details, specifications and approximate costs for construction packages for the
Rubberized Asphalt Overlay Program.
5. PROFESSIONAL SERVICES AGREEMENT - WATER PRODUCTION AND
DISTRIBUTION OPTIMIZATION
This is a request for the City Council to approve the professional services
agreement with Black & Veatch Corporation to provide engineering services to optimize
the water production and distribution system. The purpose of this project is to reduce
operating costs and reduce or postpone some of the major 10-year Capital
Improvement Plan (CIP) projects.
Consistent with the Council goal of providing high-quality services for Glendale
citizens, this project will optimize the water production and distribution system
operations. The project is expected to result in overall operating and CIP cost savings,
which is consistent with the Council goal of being fiscally sound.
The Utilities Department continues to search for options to reduce CIP costs and
operating costs. This project consists of optimizing infrastructure and operations plans.
These will be achieved by analyzing trends and assessing overall water production and
distribution in an effort to lower CIP and annual operating costs.
The proposed work includes water distribution system analysis, hydraulic
modeling, water quality modeling and optimization of water treatment plants and water
wells. Black and Veatch Corporation completed water master plans in 2003 and 2008
and have advanced hydraulic and water quality models already in place to complete the
project expediently.
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Project results will be incorporated into a Water Production and Distribution
Optimization Plan. This Plan will outline recommendations by which the city can
accommodate changes in growth and water resources, reduce overall CIP and
operating expenses, and maintain compliance with all relevant regulatory requirements.
Funds are available in the Fiscal Year 2008-09 Capital Improvement Plan. There
are no operating costs associated with this project once it is completed.
Grants Capital Expense One-Time Cost . Budgeted Unbudgeted . Total
X X $498,745
Account Name, Fund, Account and Line Item Number:
Groundwater Availability Study, Account No. 2400-61039-551000, $498,745
The recommendation is to approve the professional services agreement with
Black & Veatch Corporation to provide engineering services to optimize the water
production and distribution system.
6. AUTHORIZATION TO INCREASE CONTRACT AMOUNT WITH US PEROXIDE
This is a request for the City Council to authorize an appropriation increase of
$250,000 to the Fiscal Year 2008-09 contract amount of $1,000,000 with US Peroxide.
The demand for hydrogen peroxide in the sewer collection system has increased due to
higher chemical usage, the addition of a new odor control station, and higher costs for
transporting the chemical.
One of the Council's strategic goals is high-quality service for citizens. The use
of hydrogen peroxide reduces odors and corrosion in the city's wastewater system.
Glendale uses hydrogen peroxide in the wastewater odor control stations to
reduce odors and corrosion throughout its wastewater collection infrastructure. It also
helps to convey the wastewater from resident's homes and businesses to the
wastewater treatment plant in an environmentally safe process. Increasing the annual
spending authority is necessary for the Utilities Department to provide the chemicals
necessary to properly maintain the wastewater collection system to minimize corrosion
and control odors.
The requested increase is due to higher chemical usage, the addition of a new
odor control station, and additional costs of transporting the hydrogen peroxide.
Effective August 1, 2008, US Peroxide added a separate index fuel surcharge in the
amount of $200 per customer per delivery. Wastewater Collections receives an
average of 36 deliveries per month. This surcharge is allowable under the existing
contract.
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The emergency procurement of hydrogen peroxide from the US Peroxide Fiscal
Year 2008-09 contract was necessary due to increased chemical usage in order to
minimize odor and corrosion levels, the addition of the new odor control station, and the
higher costs for transporting the chemical combined to make the emergency
procurement necessary. Funds for the emergency purchase are included in the
approved funding.
Historically, the addition of new odor control stations and the increased demand
over time for this odor-controlling product have resulted in increased costs under this
contract.
On December 12, 2006, the Council authorized an appropriation increase to the
annual contract amount with US Peroxide for chemicals for Fiscal Year 2006-07.
On October 12, 2004, following a competitive bid process; the Council awarded a
contract to US Peroxide for hydrogen peroxide supply, service, and maintenance, and
authorized the City Manager to extend the contract for four additional years, in one-year
increments.
Funds are available in the Fiscal Year 2008-09 operating budget of the Utilities
Department.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $250,000
Account Name, Fund, Account and Line Item Number:
Wastewater Collection, Account No. 2420-17630-518200, $250,000
The recommendation was to authorize an appropriation increase of $250,000 to
the Fiscal Year 2008-09 contract amount of$1,000,000 with US Peroxide for chemicals.
CONSENT RESOLUTIONS
7. WATER RIGHTS SETTLEMENT
This is a request for the City Council to waive reading beyond the title and adopt
a resolution approving and authorizing the entering into of the White Mountain Apache
Tribe Water Rights Quantification Agreement and all associated exhibits.
The White Mountain Apache Tribe ("WMAT") reservation was established by an
act of Congress in 1871 and is located at the headwaters of the Salt River system. The
WMAT's federally-reserved water right has a priority date matching the establishment of
the reservation. The exact quantity and nature of the WMAT's water rights have been
litigated in the Gila River General Stream Adjudication and the Little Colorado River
General Stream Adjudication; but no final ruling has been made.
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Based upon the location of the WMAT reservation and the relatively early water
rights priority date, any depletions from the Salt, River system water by the WMAT will
have a direct impact on water supplies available to Glendale through the Salt River
Project and from Modified Roosevelt Dam. Final resolution of the WMAT's water rights
will avoid years of prolonged uncertainty concerning the availability of water supplies
and the related expense of litigation.
After considerable negotiation, several entities have developed a comprehensive
settlement agreement with the WMAT. The parties include: the United States of
America; the State of Arizona; the Salt River Project; the Central Arizona Water
Conservation District; the Roosevelt Water Conservation District; the cities of Avondale,
Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Tempe, and Show
Low; the Arizona Water Company; the Buckeye Irrigation Company; and the Buckeye
Water Conservation and Drainage District.
The parties have agreed to provide certain water resources, and other resources
to the WMAT; and not to contest the WMAT's use of those water resources. In
exchange, the WMAT and the United States, as trustee for the WMAT, formally
recognize water rights claims of the other parties, and agree to waive claims that could
potentially diminish the other parties' individual use of water resources.
Additionally, the WMAT is offering to lease a substantial portion of its Central
Arizona Project water to the central Arizona cities, including Glendale. The leases
would be for a 100 year period and would minimize the impact of Salt River water
resources provided to the WMAT.
Provisions in the lease agreement allow the City to forgo leasing of Central
Arizona Project water from the WMAT, or to accept a portion of the WMAT's leased
Central Arizona Project water forgone by another party. The City may opt to forgo the
lease at a date after entering into the Quantification Agreement, but prior to the date on
which the White Mountain Apache Tribe Water Rights Quantification Act becomes
enforceable.
The Quantification Agreement, which is considered permanent, will become
enforceable upon the occurrence of several events specified in the authorizing White
Mountain Apache Tribe Water Rights Quantification Act. The Act was introduced in
Congress on September 11, 2008 and is expected to become enforceable by October
31, 2013.
On April 22, 2008, the City of Glendale adopted Resolution No. 4146, New
Series, authorizing the entering into of an Intergovernmental Agreement and Contract
for Legal Services relating to the joint representation in the settlement efforts relating to
the water right claims of the WMAT.
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The Quantification Agreement places a ceiling on WMAT's depletions from the
Salt River watershed, and provides certainty to Glendale's water supplies available
through Salt River Project and Modified Roosevelt Dam. Additionally, the option to
lease Central Arizona Project water from the WMAT will minimize the impact of Salt
River water resources provided to the WMAT.
The amount of Central Arizona Project water available from the WMAT for lease
by Glendale is projected to be 649 acre feet of Indian/Municipal & Industrial priority
Central Arizona Project supply, and 1,714 acre feet of Non-Indian Agricultural priority
Central Arizona Project supply. The dollar amounts represent negotiated market value
for the water, and are in current dollars. The actual cost will be adjusted by the
Consumer Price Index-all items, and will depend upon the final settlement enforceability
date.
The negotiated market value for each acre foot of Indian/Municipal & Industrial
priority Central Arizona Project supply is $2,550. The negotiated market value for each
acre foot of Non-Indian Agricultural priority Central Arizona Project supply is $2,074.
The effective date for the lease is expected to occur in FY2012-13. A capital project is
already included in Fiscal Year 2012-13 of Glendale's current 10-year Capital
Improvement Program.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
$5,209,786 X $5,209,786
Account Name, Fund, Account and Line Item Number:
Additional Water Supply, Temporary Account No. 2400-13552 (a specific account
number will be established within Fund 2400 by FY2012-13), $5,209,786.
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of the White Mountain Apache Tribe Water
Rights Quantification Agreement and all applicable exhibits.
Resolution No. 4235 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE ENTERING INTO OF
THE WHITE MOUNTAIN 'APACHE TRIBE WATER RIGHTS QUANTIFICATION
AGREEMENT, APPLICABLE EXHIBITS AND ANY FURTHER REQUIRED
AMENDMENTS THERETO.
8. INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL
SERVICES
This is a request for the City Council to waive reading beyond the title and adopt a
resolution approving an Intergovernmental Agreement and the Contract for Legal
Services with the cities of Avondale, Chandler and Scottsdale relating to the joint
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representation in settlement efforts relating to water right claims of the White Mountain
Apache Tribe.
This lawsuitinvolves the adjudication of water rights in the Gila and Salt River
watersheds. The law firm of Engelman Berger, P.C. has been hired to represent the
cities of Glendale, Chandler, Goodyear, Mesa, and Scottsdale in this lawsuit. The
attorney handling this matter is William H. Anger. Mr. Anger has successfully
represented many of these same cities before the Arizona Supreme Court in matters
related to the Gila River Adjudication. The cities are currently involved in a phase of the
lawsuit to settle the White Mountain Apache Tribe claims. The City of Mesa has chosen
to represent itself in this phase of the lawsuit. The City of Goodyear has no water rights
affected by this phase of the lawsuit. The City of Avondale wants to join the cities of
Glendale, Chandler, and Scottsdale in legal representation of this phase of the lawsuit.
On April 22, 2008, the City of Glendale adopted Resolution No. 4146, New Series,
authorizing the entering into of an Intergovernmental Agreement and Contract for Legal
Services relating to the joint representation in the settlementefforts relating to the water
right claims of the White Mountain Apache Tribe.
As in any litigation with many parties, a large group of similarly-situated parties
with common representation can have a much greater effect and reduced cost than
those same parties would have individually.
The cost of representation will be equally shared by the cities. Glendale will be
responsible for 25% or$30,000 for services rendered under this contract. Funds for this
project are in the Utilities Account.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $30,000
Account Name, Fund, Account and Line Item Number:
Utilities Administration Account No. 2360-17110-518200
The recommendation was to waive reading beyond the title and adopt a
resolution authorizing the entering into of an Intergovernmental Agreement and Contract
for Legal Services relating to the joint representation in the settlement efforts relating to
the water right claims of the White Mountain Apache Tribe.
Resolution No. 4236 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 AND CONTRACT FOR LEGAL SERVICES
WITH THE CITIES OF AVONDALE, CHANDLER AND SCOTTSDALE RELATING TO
JOINT LEGAL REPRESENTATION IN THE SETTLEMENT EFFORTS RELATING TO
WATER RIGHTS CLAIMS OF THE WHITE MOUNTAIN APACHE TRIBE.
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It was moved by Frate and seconded by Knaack, to approve the
recommended actions on Consent Agenda Item Nos. 1 through 8, including the
approval and adoption of Resolution No. 4235 New Series and Resolution No.
4236 New Series; and to forward Liquor License Application No. 3-1224 for
Cactus Market; Liquor License No. 3.-1226 for Cactus Willy's Bar & Grill and
Liquor License No. 3-1227 for Glendale Mini Mart to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Martinez, and seconded by Frate, to hold a City Council
Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday,
March 3, 2009, to be followed by an Executive Session pursuant to A.R.S. 38-
431.03. It was additionally moved to hold a Special Meeting and Executive
Session pursuant to A.R.S. 38=431.03 of the Glendale City Council at 8:30 a.m. in
the Onyx Room at the Glendale Civic Center, 5750 W. Glenn Drive, on
Wednesday, March 25, 2009. The motion carried unanimously.
CITIZEN COMMENTS
Ms. Norma Alvarez, an Ocotillo resident, thanked the Council for their support of
the Community Action Program. She stated she was here today to question the
recommendations made regarding the CDBG funding. She indicated they were here to
speak on behalf of the residents of the city of Glendale who have been affected by the
current economic crises. They as community leaders are committed to serve the low to
moderate income population who has seen a growth of poverty, not only in central
Glendale, by also to the north and west. She stated it was their duty and obligation to
make sure they look to fairness and elimination of duplicate services. She also
discussed the middle class plight regarding mortgage assistance, job lose and help with
utilities. She provided an informational package to the city clerk containing their
questions and concerns.
Mr. Paul R. Jones, a Phoenix resident, provided Council with a prepared
statement regarding the Tohoho 0' Odham Casino. In summary, it stated that Title 25,
inclusive of Howard-Wheeler Act of 1934, is the means by which federally recognized
Indian tribes operate. However, it was not law and he believes there is nothing in the
United States Constitution authorizing Title 25 to exist. In his statement, he stated that
Title 25 was a blood-quantum, race-based legislation repugnant to the United States
Constitution's Article IV, Section 4. He also cited the following clauses for his argument:
(1) Title of Nobility Clause (2) Bill of Attainder Clause (3) Property Clause (4) Treaty
Clause (5) 14th Amendment. He continued that the federal government cannot compel,
at the point of a bayonet, an un-consenting State of the Union to cede State land for any
purpose as the United States Constitution provides for no such authority. He cited from
a number of sources such as newspaper articles, excerpts of the Supreme Court and
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like reports. He added in short, the federal government cannot compel the State of
Arizona to grant the land of trust without the State's consent.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Goulet said he had toured the city's remodeled public housing.
He was very happy with the improvement. He thanked staff for the remarkable job they
had done.
Councilmember Lieberman commented on Consent Resolution, Item 7, Water
Rights Settlement. He stated that the passing and supporting of this item had been a
wonderful thing for all involved. He noted it was once thought that this settlement would
never happen. We worked with several other cities to assist in reaching this agreement.
Vice Mayor Martinez reminded everyone to attend the next Cholla District
Meeting being held on March 12, 2009, starting at 6:30 p.m. at Legends Elementary
School.
Councilmember Frate thanked everyone from the Sahuaro District who attended
the 4th Annual Spring Fling. He stated they had over 350 people attending the event
this year. He also thanked staff who handled the tables and provided information to the
citizens. He believes this is a very effective way to reach out to the community and
bring city government to the citizens. He reminded everyone to watch children around
any body of water. He commented on the unfortunate incident of a child drowning this
weekend in a bathtub.
Mayor Scruggs commented on two media stories that the City of Glendale was
subsidizing and/or bailing out the Coyotes Hockey Team Organization. She addressed
the citizens of Glendale as well as city staff who have been working hard to keep the
budget in line. She asked them to understand there was no truth to media stories. She
stated the City Council had not in any way ever discussed a bailout or a subsidy of the
team. She explained there were current negotiations among private entitles with the
current ownership of the Coyotes regarding acquiring part of the ownership, and
transferring it to another entity. These are private negotiations with private businesses
that have no governmental role. She explained that the media would very much like to
be involved in those negotiations and are asking government to share privileged
information.
She related how the Council, with citizen support, took bold steps in 2001 to
create the magnificent renovated area and the Coyotes multi-purpose Arena, shopping
center and Westgate, which have been a glowing success. However, at that time, the
media had painted the Council as naive and irresponsible, and wrote that this endeavor
the city was attempting was never going to be successful. She stated that the media
was wrong then, as it is now. Nevertheless, thanks to the citizens and their continued
support and trust, the city continues to be successful. She remarked that this recent
misreporting by the media feels like a repeat of the 2001 incident.
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Mayor Scruggs also explained that in 2002; because of what was happening at
Westgate and the Arena, the Arizona Sports and Tourism Authority made the decision
that the new multi-purpose stadium would serve the public best in the area where there
was so much dynamic development currently underway. She stated that again, the
media deemed it as a bad decision, claiming it would be a miserable failure. She
discussed the many new developments that had blossomed in that area because of
what was first started there. She remarked that all along the way, there have been
news articles,stating none of it would ever work.
Mayor Scruggs commented that the Coyotes hockey team was owned by a
Glendale resident who had done a tremendous amount of work in the community. The
owner of the Coyotes hockey team would now like to have less of an ownership role
and concentrate on other things. The owner is now in negotiations with investors and
the National Hockey League. She explained that along the way, the city was included in
those negotiations where appropriate; however, at no time was there any inclination that
bills or rent were not being paid. She reported that at today's interview, she had made it
clear tax payers had nothing to worry about in regards to money due to the city that will
not be forthcoming. She noted these negotiations were extremely delicate and to have
it viewed and talked about in the media with mis-information was counterproductive.
She explained they had been asked as a city to adhere to confidentiality and that was
what they were going to provide in order to ensure success. She noted the City
Manager and City Attorney have assured her and Council that media reporting of
bailouts and subsidies were unsupported and fabricated terms. She commented on
how they were working on behalf of the city and citizens to continue the momentum and
prosperity the city has enjoyed. She explained they were all too aware of the difficult
economic times affecting everyone, and at no time would anyone be put at risk.
Mayor Scruggs asked the public to understand and trust them once again on this
issue. She related an incident on how the City of Glendale was the first to have a
developer agree to pay a fine if they did not meet the requirements at a specific time.
She explained the developer did default because it was around the time of 9/11 and the
stock market crash. The developer paid the city a $1 million dollar penalty, which the
media said had only proven that the whole development had been a failure, not
considering the city has always provided what was in the city's best interest. She stated
it proves that no matter what you do, the media reports what they see fit. She
commented she had informed the City Manager that it was important to come out and
explain this issue and assure the citizens the city was not involved in any bailout. She
noted she wanted the public to hear it from her and the Council instead of on news
articles and television sound bites. She thanked the citizens for their continued support
which has made it possible for the city to attain the great heights it has achieved.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:50 p.m.
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Pamela.Ha na - City Clerk
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