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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/24/2009 GLENDE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue March 24, 2009 7:00 p.m. CALL TO ORDER—PLEDGE OF ALLEGIANCE 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, and Yvonne J. Knaack. (H. Philip Lieberman joined the meeting later.) Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. The Mayor welcomed Boy Scout Troop 660,the team leader, Mr. Don Ratliff, Mr. Boyd Martinez, Mr. Adam Stringham and Mr. Kevin Marshall. The Mayor also welcomed Ms. Lauren Sibeck from the Mayor's Youth Alliance. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the six resolutions and four 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 MARCH 10,2009 APPROVAL OF THE MINUTES OF THE MARCH 10, 2009 COUNCIL MEETING It was moved by Goulet, and seconded by Frate, to dispense with the reading of the minutes of the March 10, 2009 regular Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. (Lieberman not present) BOARDS, COMMISSIONS AND OTHER BODIES BOARDS, COMMISSIONS AND OTHER BODIES 1 This is a request for 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 Aviation Advisory Commission Carl Duggins Cactus Appointment 03/24/2009 11/24/2010 Citizens Bicycle Advisory Committee Bradley Meek—Vice Chair Cholla Appointment 03/25/2009 03/25/2010 Citizens Transportation Oversight Commission James Podzius Cholla Reappointment 03/25/2009 03/25/2011 Rose Jacobson—Chair Barrel Appointment 03/26/2009 03/26/2010 Commission On Persons With Disabilities Gerald Zastrow Sahuaro Appointment 03/24/2009 02/27/201.1 Community Development Advisory Committee Chris Flippen—Chair Sahuaro Appointment 03/24/2009 04/26/2010 Susan Jernigan—Vice Chair Barrel Appointment 03/24/2009 09/27/2009 Historic Preservation Charles Zomok—Chair Ocotillo Reappointment 04/13/2009 04/13/2010 Becky Shady—Vice Chair Barrel Appointment 04/13/2009 04/13/2010 Library Advisory Board Cherie Hudson Yucca Reappointment 04/13/2009 04/13/2011 JoAnn Lee—Chair Yucca Reappointment 04/13/2009 04/13/2010 Cherie Hudson—Vice Chair Yucca Reappointment 04/13/2009 04/13/2010 Parks & Recreation Advisory Commission Rodney Passmore Ocotillo Reappointment 04/09/2009 04/09/2011 Planning Commission John Kolodziej Yucca Reappointment 03/25/2009 03/25/2011 Michele Tennyson—Chair Mayoral Appointment 03/28/2009 03/28/2010 Patrick Sutliff—Vice Chair Sahuaro Appointment 03/28/2009 03/28/2010 The recommendation is 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 Carl Duggins to the Aviation Advisory Commission, Bradley Meek to the Citizens Bicycle Advisory Committee as Vice- Chair; Rose Jacobson as Chair and James Podzius to the Citizens Transportation Oversight Commission; Gerald Zastrow to the Commission on Persons with Disabilities; 2 Chris Flippen as Chair and Susan Jernigan as Vice-Chair to the Community Development Advisory Committee; Charles Zomok as Chair and Becky Shady as Vice-Chair to the Historic Preservation; JoAnn Lee as Chair, a Mayoral Appointee, Cherie Hudson as Vice Chair to the Library Advisory Board; Rodney Passmore to the Parks and Recreation Commission; and Michele Tennyson as Chair, Patrick Sutliff as Vice-Chair and John Kolodziej to the Planning Commission for the terms as listed. The motion carried unanimously. (Lieberman not present) 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. If you would like to comment on an item on the consent agenda, please come to the podium and state your name, address and item you wish to discuss. Councilmember Knaack requested that item number one be heard separately. 2. SPECIAL EVENT LIQUOR LICENSE, CHALDEAN CATHOLIC DIOCESE OF ST. PETER, ST. GEORGE CELEBRATION, APRIL 25, 2009 This is a request for City Council to approve a special event liquor license for Chaldean Catholic Diocese of St. Peter. The event will be held at St. Raphael Church located at 5525 West Acoma Road on Saturday, April 25, 2009, from 8:00 p.m. to 2:00 a.m. The purpose of this special event liquor license is for the St. George Celebration to be held inside the Hibner Hall Building. If this application is approved, the total number of days expended by this applicant will be one of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. SPECIAL EVENT LIQUOR LICENSE, OUR LADY OF PERPETUAL HELP SCHOOL, FUNDRAISER, MAY 2, 2009 This is a request for City Council to approve a special event liquor license for Our Lady of Perpetual Help School (OLPH). The event will be held at OLPH located at 7521 North 57th Avenue on Saturday, May 2, 2009, from 5:00 p.m. to 10:00 p.m. The purpose of this special event liquor license is for a dinner auction fundraiser to be held inside the school auditorium. If this application is approved, the total number of days expended by this applicant will be one of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona 3 Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 4. SPECIAL EVENT LIQUOR LICENSE, ST. THOMAS MORE PARISH, CINCO DE MAYO CELEBRATION, MAY 2, 2009 This is a request for City Council to approve a special event liquor license for St. Thomas More Parish. The event will be held at St. Thomas More Church located at 6180 West Utopia Road on Saturday, May 2, 2009, from 6:00 p.m. to midnight. The purpose of this special event liquor license is for a Cinco de Mayo celebration to be held inside the parish hall. If this application is approved, the total number of days expended by this applicant will be two of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 5. SPECIAL EVENT LIQUOR LICENSE, ST. THOMAS MORE PARISH, OKTOBERFEST, OCTOBER 24, 2009 This is a request for City Council to approve a special event liquor license for St. Thomas More Parish. The event will be held at St. Thomas More Church located at 6180 West Utopia Road on Saturday, October 24, 2009, from 7:00 p.m. to midnight. The purpose of this special event liquor license is for an Oktoberfest celebration to be held inside the parish hall. If this application is approved, the total number of days expended by this applicant will be three of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the 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. 6. SPECIAL EVENT LIQUOR LICENSE,. ST. THOMAS MORE PARISH, NEW YEAR'S EVE CELEBRATION, DECEMBER 31, 2009 This is a request for City Council to approve a special event liquor license for St. Thomas More Parish. The event will be held at St. Thomas More Church located at 6180 West Utopia Road on 4 Thursday, December 31, 2009, from 8:00 p.m. to 12:30 a.m. The purpose of this special event liquor license is for a New Year's Eve celebration to be held inside the parish hall. If this application is approved, the total number of days expended by this applicant will be four of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the 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. 7. AWARD OF BID 08-51, OFFICIAL LEGAL ADVERTISING This is a request for City Council to award the bid for official legal advertising to The Glendale Star/Pueblo Publishers, Inc. Providing citizens with public information by way of advertising legal notices in a newspaper with local circulation represents a city with high quality services for citizens. City Charter requires that the contract for official advertising be let to the lowest and most responsive bidder publishing a newspaper of general circulation in the city. The city has continuously maintained official advertising that provides an official source to publish notices of bids, public notices, ordinances and resolutions, etc. Two bids were received on January 26, 2009 to provide the city with official legal advertising services, in compliance with the City Charter. A panel with representatives from the Glendale City Clerk Department, Surprise City Clerk Department and Glendale Materials Management Division reviewed the bids that were received. The lowest bid judged to be both responsive and responsible was submitted by The Glendale Star/Pueblo Publishers, Inc. The agreement shall begin upon award by the City Council and continue for one year. The bid specification contains an option clause that will permit the city, at the discretion of the City Manager, to extend this agreement for five additional years in one-year increments. Entering into this agreement with The Glendale Star/Pueblo Publishers, Inc. will provide the city with an official newspaper for the publication of legal notices and circulation of this information to the citizens. The funds are budgeted in the City Clerk Advertising account. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $18,909 Account Name, Fund,Account and Line Item Number: Advertising, Account Number 1000-10210-517200 5 The recommendation is to award the bid for 08-51, for official legal advertising and authorize the City Manager to enter into an agreement effectuating the terms of the award with The Glendale Star/Pueblo Publishers, Inc. 8. PROFESSIONAL SERVICES AGREEMENT WITH BROOKS STRAND ASSOCIATES, INC. -TRAFFIC SIGNAL AND LANDFILL ENTRANCE DESIGN This is a request for City Council to approve a professional services agreement with Brooks Strand and Associates, Inc. for services related to a traffic signal improvement project at the Glendale Landfill entrance. The landfill entrance is located at the intersection of Glendale Avenue and 115th Avenue. The agreement provides design and construction administration services for traffic signal installation, intersection improvements, landfill entrance re-alignment including a deceleration lane, and a design concept for connection to the Glendale Regional Public Safety Training Center. This project meets the city goal of providing a high quality of services for citizens by providing enhanced traffic flow and accessibility to public facilities located on the north side of the Glendale Avenue and 115th Avenue intersection. The Glendale Municipal Landfill has been in operation since 1973. Since the opening of the City's landfill no significant changes or improvements to the entrance have been made. Traffic Engineering staff performed a traffic volume study for the 115th Avenue and Glendale Avenue intersection. The study recommended a traffic signal be placed at the intersection due to the average daily traffic count of 4,800 entering the intersection from the Glendale landfill entrance and a daily count of 24,600 on Glendale Avenue. Upon approval of the professional services agreement with Brooks Strand Associates, Inc. for design of the proposed traffic improvements, staff will proceed with the process of bidding the project for construction. At time of bid for construction, staff will further determine if any construction administration services can be completed internally by the Engineering Department in order to reduce overall costs of the agreement. Total funding for design and construction of the 115th Avenue signal and landfill entrance project is provided through the FY 2008-09 Capital Improvement Program. Completion of design and construction of the intersection improvements will enhance traffic flow and safety for residential and commercial landfill customers. Once completed to full design, it will also provide increased accessibility to the Glendale Regional Public Safety Training Center located west of the Landfill. Funds are available in the FY2008-09 capital improvement plan in the Landfill Enterprise Fund. The annual operating costs associated with the traffic signal are minimal and will be absorbed by the Transportation Department operating budget. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $100,038 6 Account Name, Fund,Account and Line Item Number: Landfill Entrance Signal—Account No. 2440-78519-550800, $100,038 Staff's recommendation is to authorize the City Manager to enter into an agreement with Brooks Strand and Associates, Inc. in an amount not to exceed $100,038 for design and construction administration services for a traffic signal improvement project at the Glendale Landfill entrance. 9. INCREASE ANNUAL EXPENDITURE AMOUNT FOR TRAFFIC CONTROL SERVICES WITH ACTION BARRICADES This is a request for City Council to authorize an increase in expenditure amount for traffic control equipment and labor with Action Barricades for city-managed projects and special events in the amount of$90,000. The annual spending limit with Action Barricades will increase from $375,000 to $465,000. One of Council's goals is one community focused on public safety for citizens and visitors. Providing barricade services will enhance vehicular and pedestrian traffic safety and mobility during projects and special events occurring within the City of Glendale. Various city departments, including Utilities, Field Operations, Transportation, and Marketing currently use the traffic barricade services contract IFB 08-14 when responsible for city-initiated projects such as street and water-main repairs and special events management. The contract for barricade services with Action Barricades established a unit price for equipment and labor. The unit cost established in the current contract will continue to be applied. The increase in annual expenditure amount will cover costs for traffic control equipment and labor services for remaining city-managed projects and special events. In June 2008, Council approved an annual contract with Action Barricades. The contract agreement was issued for two years and can be extended in one year increments for an additional four years. Funds are available in the FY2008-09 operating budget of the various departments using the contract. It is staff's recommendation to authorize an increase in expenditure amount for traffic control equipment and labor with Action Barricades for city-managed projects and special events in the amount of$90,000. 10. FINAL PLAT APPLICATION FP09-01: PALMAIRE COURTS—7136 NORTH 54TH AVENUE This is a request by Habitat for Humanity for City Council to approve the final plat, titled Palmaire Courts located at 7136 North 54th Avenue. 7 The proposed final plat is consistent with the General Plan Land Use Map designation of 5-8 dwelling units per acre and the existing R1-4 PRD (Single Residence, Planned Residential Development) zoning district. The development of this subdivision is near existing single-family neighborhoods and an elementary school, which supports the City Council's goals of creating one community with strong neighborhoods, and one community with quality economic development. Palmaire Courts is a vacant 1.42-acre parcel. Habitat for Humanity intends to develop a single- family subdivision which consists of 11 single-family lots at a density of approximately 7.74 dwelling units per acre. On January 15, 2009, the Planning Commission recommended approval of Rezoning application ZON08-20 and General Plan application GPA08-06. Council approved the Rezoning application and General Plan application on January 27, 2009. The Planning Commission approved Preliminary Plat application PP08-02 at the public hearing held on March 5, 2009. Palmaire Courts will be a single-family subdivision that has been designated as an infill site by the Neighborhood Revitalization Department. This development will also provide right-of-way dedications and street improvements to Palmaire Avenue directly adjacent to the site. Habitat for Humanity has requested the city abandon a portion of the existing Palmaire Avenue right-of-way west of 54th Avenue so that the road may be realigned through its proposed Palmaire Court subdivision. Abandoning a portion of the right of way will enable Habitat for Humanity to complete Palmaire Avenue and provide a public throughway between 55th and 54th avenues. On September 24, 2008, notification letters were mailed to adjacent property owners and interested parties. There were two inquiries from citizens wanting general information about the project. No one spoke at the Planning Commission public hearing March 5, 2009. It is staffs recommendation to approve Final Plat application FP09-01. CONSENT RESOLUTIONS 11. ACQUISITION OF RIGHT-OF-WAY FOR GRAND AVENUE IMPROVEMENTS This is a request for City Council to waive reading beyond the title and adopt a resolution approving and authorizing the purchase of 5,316 square feet of property from Double Nickel Investments, L.L.C., and to compensate for site improvements in an amount not to exceed $95,585. This property, Competition Body and Paint, is located near the southeast corner of Missouri and Grand Avenues and is needed for access control and roadway beautification improvements as part of the Glendale Onboard Transportation Program. One of Council's goals is a city with high quality services for citizens. Improving and providing transportation options within the City of Glendale will assist in achieving this goal. One community with a vibrant city center is a Council goal that will be achieved by improving the appearance of Grand Avenue for visitors to downtown Glendale. 8 The parcel is needed as part of access control and beautification along Grand Avenue. Arizona Department of Transportation (ADOT) improvements adjacent to this parcel include fencing, adding a right turn lane along Grand, and a new driveway entrance from Grand into this property. Site improvement costs incurred by the city include landscaping and irrigation. The Glendale Grand Design Concept Study and the Maricopa Association of Government's Grand Major Investment Study, Phase II, recommended street improvements and right-of-way acquisitions for access control and beautification improvements along Grand Avenue. Both Glendale and ADOT funds are programmed to improve access control and beautify Grand Avenue as per the Intergovernmental Agreement. Glendale funds are focused on securing right- of-way and beautification, and ADOT funds will be used for design and construction. The property to be acquired for Grand Avenue improvements is described below: 4648 North Grand Avenue Double Nickel Investments, L.L.C., owners of property located near the southeast corner of Missouri and Grand Avenues, will sell 5,316 square feet of property to the city. On October 9, 2007, Council approved the preparation of a Design Concept Report by DMJM Harris for Grand Avenue between 43rd and 71 S` avenues in the amount of$1,265,113. At this meeting, Council also authorized an Intergovernmental Agreement with ADOT to compensate the city for the preparation of this report. On July 15, 2003, Council reviewed and provided direction on the proposed Grand Avenue improvements. In November 2001, Glendale voters approved roadway improvements on Grand Avenue to enhance traffic flow and improve aesthetics within the corridor. The proposed improvements on Grand Avenue will help improve traffic flow, enhance safety, improve street lighting, and improve the appearance of Grand Avenue, including landscaping, sign upgrades, sidewalks, and the under-grounding of utilities. Since 2003, the proposed improvements on Grand Avenue have been presented at various public meetings including; the GO Transportation Program annual meetings, and a MAG meeting on the draft Grand Avenue MIS, Phase II Report. There were no written comments received from the public at these meetings. Funds are available in the FY 2008-2009 Capital Improvement Program. There are no operating costs associated with this project once it is completed. The seller will be responsible for maintenance of landscaping and irrigation for this property. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $95,585 9 Account Name, Fund,Account and Line Item Number: Grand Ave Access Enhancements, Account No. 2210-65007-550400 ($95,585) It is staff's recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute all documents necessary to authorize the purchase of 5,316 square feet of property located near the southeast corner of Missouri and Grand Avenues for access control and beautification improvements for the Glendale Onboard Transportation Program in an amount not to exceed$95,585. Resolution Number 4240 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 ACQUISITION OF PROPERTY LOCATED AT 4648 NORTHWEST GRAND AVENUE IN GLENDALE, MARICOPA COUNTY, ARIZONA, FOR GRAND AVENUE IMPROVEMENTS AS PART OF THE GLENDALE ONBOARD TRANSPORTATION PROGRAM; AND DIRECTING THE EXECUTION OF THE REAL PROPERTY PURCHASE AND SALES AGREEMENT AND ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE. 12. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR COMMUNITY ACTION PROGRAM FUNDING This is a request for City Council to adopt a resolution authorizing the City Manager to enter into Amendment No. 2 to the Intergovernmental Agreement (IGA) with the Maricopa County Human Services Department for Community Action Program (CAP) funding through June 30, 2010. Notification to Maricopa County will be given that the City of Glendale will terminate the contract as of July 1, 2010. This is also a request for City Council authorization to contract directly with the State of Arizona for the FY2010-11 operation of Glendale's Community Action Program(CAP). The services provided by CAP are consistent with the Council goals of promoting high quality services for citizens and one community with strong neighborhoods. CAP provides direct services to low and moderate-income Glendale residents. Services include energy assistance payments, minor home repairs, crisis assistance for families, which includes homeless assistance and temporary rent/mortgage subsidies. Currently, CAP is being operated through an IGA with Maricopa County. Maricopa County provides $242,047 for the provision of CAP services in FY 2009-10. Glendale provides General Fund monies to cover the remainder of the CAP operating budget. In addition, the city provides in-kind contributions by providing the office space and covering the cost of utilities, custodial services, and miscellaneous operating expenses for the CAP office. 10 After careful consideration and study during the last few years it has become apparent that it would be in the best interest of the City and its citizens if the CAP were to contract directly with the State of Arizona. By contracting directly with the State, the program will gain financially. Currently, administrative funds from the Department of Economic Security, Department of Housing, Arizona Community Action Association and Department of Commerce Home Weatherization are being kept by Maricopa County. These funds could instead be coming directly to the City for the CAP program. The City of Glendale population continues to grow and because of the growth the city stands to gain its "fair share" of all future funding allocations which are based on the population rather than continuing to share funding with smaller communities within Maricopa County which is the current situation. Initial estimates of the funding gain annually to the City of Glendale are up to $1 million per year for the Community Action Program, Weatherization and Utility Assistance Programs. This includes administrative and direct service to Glendale residents. On May 13, 2008, the City of Glendale and Maricopa County entered into Amendment No. 1 extending the Contract to June 30, 2009. On April 24, 2007, the City of Glendale and Maricopa County entered into Contract No. C-22- 08-070-2 with a term from July 1, 2007 to June 30, 2008. The Contract included two options for one-year extensions. Community Action Program will ensure that the low and moderate-income Glendale residents will continue to receive crisis services that promote financial stability and enhance the quality of life in Glendale. There are many additional benefits to the City of Glendale with the bottom line being increased services to our citizens. Maricopa County will provide $242,047 in FY 2009-10 for CAP Office operations. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $242,047 Account Name, Fund,Account and Line Item Number: Maricopa County Human Services, Account No. 1820-01820-412200 It is staff's recommendation to waive reading beyond the title and adopt a resolution authorizing the entering into of Amendment No.2 to the Intergovernmental Agreement with Maricopa County Human Services Department and authorizing the City to contract directly with the State of Arizona for the FY2010-11 operation of Glendale's Community Action Program. Resolution Number 4241 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 CITY MANAGER TO ENTER INTO AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY HUMAN SERVICES DEPARTMENT FOR COMMUNITY 11 ACTION PROGRAM FUNDING THROUGH JUNE 30, 2010; AND AUTHORIZING THE CITY OF GLENDALE TO CONTRACT DIRECTLY WITH THE STATE OF ARIZONA FOR THE FY2010-11 OPERATION OF GLENDALE'S COMMUNITY ACTION PROGRAM. 13. AWARD OF AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) CAPITAL FUNDS FOR GLENDALE COMMUNITY HOUSING This is a request for the City Council to adopt a resolution authorizing the City Manager to accept an award of$319,325 in federal grant funds as the result of the "American Recovery and Reinvestment Act of 2009 (ARRA)." These funds will allow for the continued modernization of the City's public housing rental communities and support efforts to make them more energy efficient. This item addresses the City Council goal of one community with strong neighborhoods. This federal stimulus funding allows for the modernization of the Glendale Public Housing rental communities and provides affordable housing to residents. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act. A portion of this act specified additional capital improvement funds for public housing agencies. The ARRA specifies that the grant funding must be obligated to the public housing agencies within 30 days of the enactment of the legislation. As a result, the Glendale Community Housing Division was notified on March 3, 2009, that it will receive $319,325 in Public Housing capital funds to assist it with the modernization of its public housing units. Previous City Council action authorizes the Community Housing Division to receive funding from the federal government to conduct its business operations. Approval of this item will allow the division to take receipt of these funds and make improvements to the City's public housing units. • These funds will be used by the Community Housing Division to remodel and update 51 public housing rental units at Lamar Homes, located at 61st Avenue and Lamar Road. This complex was originally constructed in 1951 and is the oldest complex owned and, operated by the city. Specific improvements will include interior kitchen remodeling such as the needed replacement of appliances, cabinets, countertops, sinks, plumbing and related items. These improvements will greatly enhance the quality of life of our public housing clients. As required by federal law, the Housing Advisory Commission and public housing residents have reviewed and approved the City's five-year modernization plan as required by the federal government. The federal government (the Department of Housing and Urban Development) also has also reviewed and approved this 5-year plan. The ARRA funding award will support the goals outlined in this plan. The ARRA funds will be used by Community Housing for building maintenance of our public housing rental community. The money is required to be obligated by the public housing authority 12 within one year of the effective date of the grant and expended within three years. There will be no matching funds requirement or additional fiscal impact to the city's General Fund. Grants Capital Expense One-Tune Cost Budgeted Unbudgeted Total $319,325 $319,325 Account Name, Fund,Account and Line Item Number: Community Housing 2500-17910-518400 It is staffs recommendation to waive reading beyond the title and adopt a resolution authorizing the award of $319,325 in American Recovery and Reinvestment Act funds for Glendale Community Housing. Resolution Number 4242 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING A FEDERAL GRANT IN THE AMOUNT OF $319,325 AS A RESULT FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FOR GLENDALE COMMUNITY HOUSING. 14. DISCLAIMER TO QUIET TITLE—NORTHWEST CORNER 91ST AVENUE AND BETHANY HOME ROAD This is a request for City Council to adopt a resolution authorizing the City Manager to execute documents necessary to disclaim any City interest in property owned by the Clarence Pendergast, Jr. family interests at the northwest corner of 91" Avenue and Bethany Home Road. On February 10, 2009, Council adopted Resolution No. 4234 authorizing the execution of four disclaimers. The property owner omitted a necessary fifth disclaimer to assure clear title to the property. Between 2002 and 2005, the City entered into various agreements with the Tourism and Sports Authority for event staging and other developments in the vicinity of the stadium. The legal descriptions used with these agreements unintentionally may have encumbered property owned by CCC Investments #1, LLC, CCP Investments #2, LLC, and The Pendergast Trust. The Pendergast family attorney has requested the City and the Tourism and Sports Authority (AzSTA) disclaim any interest in the property and assure clear title to the property. It is staff's recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to execute documents necessary to disclaim any City interest in property owned by the Clarence Pendergast, Jr. family interests at the northwest corner of 91' Avenue and Bethany Home Road. Resolution Number 4243 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 DISCLAIMER REGARDING ANY PROPERTY INTERESTS CONTAINED IN A 13 CERTAIN RECORDED DOCUMENTS WITH THE ARIZONA CARDINALS FOOTBALL CLUB, INC. RELATING TO THE UNIVERSITY OF PHOENIX STADIUM. 15. AUTHORIZATION TO ENTER INTO A DIGITAL MARQUEE PLACEMENT LICENSE AGREEMENT This is a request for City Council to adopt a resolution authorizing the City Manager to enter into a digital marquee placement license agreement. One of the Council's goals is to promote a city that is fiscally sound and to ensure revenue streams are sufficient to meet our obligations. In addition, Council seeks to provide/utilize marketing opportunities that benefit the City of Glendale. In January 2009, staff began negotiations to install, operate, maintain and repair digital marquee advertising equipment on city-owned land located in the vicinity of Glendale Avenue and State Highway Loop 101 and to construct certain improvements. In addition, new locations could be recommended if deemed beneficial. These locations would have a 10 year term with a 10 year renewal option and would be esthetically matched to the surrounding decor and environment. Entering into this license agreement will provide an additional revenue stream to the General Fund. This can generate resources to pay for needed services to benefit the citizens of Glendale. This will also provide special broadcast capabilities and messaging for public safety and other public uses. There are four methods of revenue generation to the city of Glendale including a one-time $500,000 payment, $10,000 per month rental, 33% of gross revenue and a 15% referral payment. It is staffs recommendation to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a digital marquee placement license agreement. Resolution Number 4244 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 CITY MANAGER TO EXECUTE A DIGITAL MARQUEE PLACEMENT LICENSE AGREEMENT WITH AMERICAN OUTDOOR ADVERTISING,L.L.C. It was moved by Frate and seconded by Martinez, to approve the recommended actions on Consent Agenda Item Nos. 2 through 10 and 11 through 15, including the approval and adoption of Resolution No. 4240 New Series, Resolution No. 4241 New Series, Resolution No. 4242 New Series, Resolution No. 4243 New Series, and Resolution No. 4244New Series; and to forward Special Event Liquor License Applications for (2) Chaldean Catholic Diocese of St. Peter, St. George Celebration, April 25, 2009 to be held at St. Raphael Church 5525 W. Acoma Rd; (3) Our Lady of Perpetual Help School Fundraiser to be held May 2, 2009 at 7521 N. 57th Avenue; (4) St. Thomas More Parish, Cinco de Mayo 14 celebration to be held May 2, 2009 at 6180 W. Utopia Rd.; (5) St. Thomas More Parish, Oktoberfest to be held October 24, 2009 at 6180 W. Utopia Rd; (6) St. Thomas More Parish, New Year's Eve Celebration to be held December 31, 2009 at 6180 W. Utopia Rd. to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. (Lieberman not present) 1. SPECIAL EVENT LIQUOR LICENSE, VALLEY OF THE SUN YMCA, PRE- CONCERT CELEBRATION, APRIL 3, 2009 Horatio Skeete, Deputy City Manager, presented this item. This is a request for City Council to approve a special event liquor license for Valley of the Sun Glendale/Peoria YMCA. The event will be held at Westgate City Center located at 6770 North Sunrise Boulevard on Friday, April 3, 2009, from 3:00 p.m. to midnight. The purpose of this special event liquor license is for a pre-concert celebration. If this application is approved, the total number of days expended by this applicant will be one of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. Councilmember Knaack declared a conflict of interest. She stated that she was on the Board of Managers of the YMCA and therefore would not vote. It was moved by Frate and seconded by Martinez to approve the Special Event Liquor Application and forward to the State of Arizona Department of Liquor Licenses and Control for Valley of the Sun YMCA, Pre-Concert Celebration April 3, 2009 at Westgate, 6770 N. Sunrise Boulevard. The motion carried with unanimously with Knaack abstaining. (Lieberman not present) ORDINANCES 16. SALT RIVER PROJECT POWER DISTRIBUTION EASEMENT: COYOTES BOULEVARD AT 95TH AVENUE Larry Broyles, P.E. City Engineer, presented this item. This is a request for City Council to adopt an ordinance granting a utility easement for electrical power facilities within the right-of-way for Coyotes Boulevard in favor of Salt River Project (SRP) to provide secondary service to Qwest facilities at the Renaissance Hotel and other Westgate developments. 15 During the development of the Renaissance Hotel and Westgate area in general, Qwest requested SRP provide a secondary electrical service to avoid disruption of service and power outages. SRP installed the line within Coyotes Boulevard, east of 95th Avenue. It only recently came to SRP's attention that an easement document was never presented to the City of Glendale for execution to cover this line. This request is intended to correct the oversight. It is staff's recommendation to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a utility easement for electrical service in favor of Salt River Project within Coyotes Boulevard, east of 95th Avenue. Ordinance Number 2677 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT FOR ELECTRICAL POWER FACILITIES WITHIN THE RIGHT-OF-WAY FOR COYOTES BOULEVARD AT 95TH AVENUE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2677 New Series. Motion carried on a roll call vote,with the following members voting "aye": Clark, Goulet,Knaack,Martinez, Frate, and Scruggs. Members voting "nay": none. 17. ARIZONA PUBLIC SERVICE COMPANY EASEMENT: FIRE STATION 151, 6851 NORTH 52ND AVENUE Larry Broyles, P.E. City Engineer, presented this item. This is a request for City Council to adopt an ordinance granting a utility easement for electrical power facilities in favor of Arizona Public Service Company(APS) to provide service to the new Fire Station 151 at 6851 North 52nd Avenue. The city is constructing a new Fire Station facility on the northeast corner of 52nd Avenue and Lamar Road, and has requested electrical service from APS. In conjunction with the commercial development along a portion of 52nd Avenue, north of Lamar Road, aesthetics improvements were required by APS to underground its existing electrical transmission lines and apparatus around the new facility. APS agreed to accommodate this request and is requesting a power distribution easement from the city for the installation and protection of their facilities. It is staff's recommendation to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a utility easement for electrical service in favor of Arizona Public Service Company to provide service to the new Fire Station 151 at the northeast corner of 52nd Avenue and Lamar Road. Ordinance Number 2678 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT FOR ELECTRICAL POWER FACILITIES IN FAVOR OF 16 ARIZONA PUBLIC SERVICE COMPANY TO PROVIDE SERVICE TO THE NEW FIRE STATION 151 AT 6851 NORTH 52ND AVENUE IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2678 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet,Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. 18. SOUTHWEST GAS CORPORATION UTILITY EASEMENT: NORTH SIDE GLENDALE AVENUE, WEST OF GLEN HARBOR BOULEVARD Larry Broyles, P.E. City Engineer, presented this item. This is a request for City Council to adopt an ordinance granting a utility easement for natural gas distribution facilities in favor of Southwest Gas Corporation (SWG) along the north side of Glendale Avenue, west of Glen Harbor Boulevard, near the southeast corner of the city's landfill. In December 2001, the city granted an easement to SWG for a four inch gas line, a tap connection, and gas valves along the north side of Glendale Avenue, west of Glen Harbor Boulevard, near the southeast corner of the city's landfill. This enabled SWG to connect to an existing El Paso Natural Gas line. Recently, SWG discovered that its facilities were not contained within the easement area. SWG has requested a new easement to protect its existing facilities, which are also planned to be upgraded to meet growing service demands. SWG will abandon the easement rights granted in 2001 upon recordation of the new easement. It is staff's recommendation to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute a utility easement for natural gas distribution in favor of Southwest Gas Corporation along the north side of Glendale Avenue, west of Glen Harbor Boulevard, near the southeast corner of the city's landfill. Ordinance Number 2679 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT FOR NATURAL GAS DISTRIBUTION FACILITIES IN FAVOR OF SOUTHWEST GAS CORPORATION ALONG THE NORTH SIDE OF GLENDALE AVENUE, WEST OF GLEN HARBOR BOULEVARD, NEAR THE SOUTHEAST CORNER OF THE GLENDALE MUNICIPAL LANDFILL; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2679 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet,Knaack,Martinez, Frate, and Scruggs. Members voting "nay": none. 19. ABANDONMENT OF A PORTION OF PALMAIRE AVENUE, WEST OF 54TH AVENUE 17 Larry Broyles, City Engineer, presented this item. This is a request for City Council to adopt an ordinance abandoning a portion of Palmaire Avenue, west of 54th Avenue, to accommodate the development of Palmaire Court, an 11-lot single family residential subdivision. Habitat for Humanity has requested the city abandon a portion of the existing Palmaire Avenue right-of-way west of 54th Avenue so that the road maybe realigned through its proposed Palmaire Court subdivision. The city does not have full right-of-way for Palmaire Avenue between 55th and 54th avenues. Abandoning a portion of the right of way will enable Habitat for Humanity to complete Palmaire Avenue and provide a public throughway between 55th and 54th avenues. It is staffs recommendation to waive reading beyond the title and adopt an ordinance abandoning a portion of Palmaire Avenue west of 54th Avenue. Ordinance Number 2680 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE ABANDONMENT OF A PORTION OF PALMAIRE AVENUE RIGHT-OF-WAY WEST OF 54TH AVENUE TO THE OWNERS OF RECORD OF THE ABUTTING PROPERTY; AND DIRECTING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS ORDINANCE. It was moved by Goulet, and seconded by Clark, to approve Ordinance No. 2680 New Series. Motion carried on a roll call vote,with the following members voting "aye": Clark, Goulet,Knaack,Martinez, Frate, and Scruggs. Members voting "nay": none. PUBLIC HEARING—RESOLUTIONS Councilmember Lieberman joined the meeting. 20. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FOR FY 2009-2010 (PUBLIC HEARING -RESOLUTION) Gilbert Lopez, Community Revitalization Administrator, presented this item. This is a request for City Council to conduct a public hearing and adopt a resolution authorizing the submission of the Annual Action Plan for FY 2009-2010 to the U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan outlines all proposed FY 2000-2010 funding recommendations for Federal HUD funding. The CDAC formulated its recommendations based upon the following funding priorities previously approved by Mayor and Council via the city's adopted "Five-Year Consolidated Plan:" housing rehabilitation programs, programs that benefit seniors and youth, programs that prevent homelessness, programs addressing social needs, programs related to quality of life 18 issues, clearance and demolition of blighting conditions, programs or projects that help revitalization throughout Glendale, with an emphasis in the redevelopment area. Additionally, the members of the CDAC thoroughly reviewed each submitted application and considered the financial status of the applicant, "other" resources listed as received by the applicant, the capacity of the agency to provide requested services/programs, community need, and the overall number of Glendale residents served. This item addresses the Council goal of"one community with strong neighborhoods." The city received 41 funding applications for FY 2009-10 CDBG funds. As with previous practice, the CDBG funding process is open and competitive and provides one-time funding to qualified agencies that provide needed services/programs to Glendale residents. Each of the applicants gave a formal presentation to the Community Development Advisory Committee (CDAC), which then voted to forward its recommendations to the Mayor and Council. These recommendations were presented to the Council at their February 3, 2009, Workshop session. The following is a synopsis of each funding category for FY 2009-2010: Community Development Block Grants (CDBG) — $2,409,140 of CDBG funds will be used for activities that benefit low-and moderate income Glendale residents; aid in the elimination of substandard conditions; and/or address an urgent community need. HOME Investment Partnerships (HOME)-$651,624 of HOME funds will be used for activities that will improve the supply of quality housing, such as the development of new infill housing and the rehabilitation program for low-and-moderate income owner-occupied households in Glendale. American Dream Downpayment Initiative (ADDI) — $7,217 in ADDI funds will be used for programs that increase homeownership among low-to-moderate income first-time homebuyers. Emergency Shelter Grants (ESG) — $97,997 in ESG funds will be used to provide assistance to Glendale families in danger of eviction or foreclosure by funding existing, successful programs that prevent homelessness, and ongoing shelter operations. The former Community Development Advisory Committee Chair, Erin Hart, presented the proposed Annual Action Plan funding recommendations to the Mayor and City Council at the February 3, 2009 workshop. The Council previously reviewed and approved the process by which the CDAC determines the city's community needs and prioritizes its recommendations. This resulted in the official adoption of Glendale's Five-Year Consolidated Plan for Fiscal Years 2005 through 2009. The city's Consolidated Plan is based on an extensive needs assessment and is designed to complement and work in harmony with other adopted city plans and initiatives. The Annual Action Plan allows the city to adjust funding to meet current priorities and community needs. Since FY 1977-1978, Glendale has been allocated approximately $59 million in CDBG, HOME/ADDI, and ESG funds to assist thousands of homeowners and individuals. 19 These funds have helped the residents of Glendale with public service programs such as homeless prevention, senior, youth, and services for the disabled that provide a compassionate hand to those in need. The funds have also resulted in many physical improvement projects—the "bricks and mortar" part of the program — and continue to provide funding for a variety of projects that help revitalize the downtown infrastructure and remove blighted, underperforming structures. The FY 2009-2010 funding recommendations were developed after an extensive public process that included public notice (August 2008), an orientation session for interested applicants (September 2008), application review (October through December 2008), public hearings and presentations conducted in January of 2009. At each of these meetings, the public was given an opportunity to comment and the various applicant agencies had the opportunity to present their requests and respond to questions of the CDAC. On February 19 and 26, 2009, a notice announcing the dates of the 30-day "FY 2009-2010 Annual Action Plan Review and Comment Period" to run from February 20 through March 23, 2009, and notice of the final Public Hearing scheduled for March 24, 2009, were published in The Glendale Star. The CDBG, HOME, ADDI, and ESG programs are federally funded. The CDBG program does not have a match requirement. The HOME program does require a 25% match from non-federal funds and the ESG program requires a 100% match by successful applicants. An annual match allocation of$25,000 is provided in the General Fund budget as a supplement towards the required 25% match requirement for HOME projects administered by the city. No additional general funds are necessary as the additional match needed will be provided by match carryover and other eligible resources. Outside agencies that apply for HOME funds are required to provide their own matching funds. The ESG funding will be allocated to outside agencies. Agencies that receive these funds are required to provide 100% in matching funds. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total CDBG X $2,409,140 HOME X $651,624 ADDI X $7,217 ESG X $97,997 Account Name, Fund,Account and Line Item Number: Community Development Block Grant Fund 1320 HOME Investment Partnerships Program Fund 1300 American Dream Downpayment Initiative Fund 1300 Emergency Shelter Grants Program Fund 1830 • 20 It is staff's recommendation to conduct a public hearing, waive reading beyond the title and adopt a resolution authorizing the approval of the Annual Action Plan for FY 2009-2010 at the fund levels allocated by the U.S. Department of Housing and Urban Development (HUD), and its submission to HUD. Councilmember Clark inquired about a memo dated March 23, 2009, which indicated it was the intent of staff to recommend a portion of the funds under the American Reinvestment Recovery Act (ARRA) be used to fund CAPS, Vincent DePaul and Homeward Bound. She asked if that was still the intent for the funds. Mr. Lopez responded she was correct. He added they will be coming back to Council for approval since it provided for an amendment to the plan in order to accept the money. Councilmember Frate commented on the ARRA program. He stated that the funding will be used for short-term, medium-term rental assistance, security and utility deposits, as well as other housing opportunities for individuals and families. He noted it was good to see that the money coming from the federal government was coming in at an appropriate time in order to help these individuals. Councilmember Clark stated she was very pleased with the CAP funding being provided directly for Glendale residents as was discussed at an earlier workshop. She hopes these funds will help families in this time of economic crises. She noted that these funds will provide rent and energy payment assistance to those people most in need. She indicated it was her hope that when Council has an opportunity to discuss priorities for the coming year and provide direction to the committee, the Council considers reprioritizing for the most basic things people need: food and shelter. Mayor Scruggs opened the public hearing on Agenda Item No. 20. As there were no comments, Mayor Scruggs closed the public hearing. Resolution Number 4245 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 SUBMISSION OF THE FISCAL YEAR 2009-2010 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND FOR ACCEPTING THE FOLLOWING GRANTS FOR FY2009-10: (1) COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; (2) HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION FROM THE MARICOPA HOME CONSORTIUM; (3) AMERICAN DREAM DOWNPAYMENT INITIATIVE FUNDING; AND (4) EMERGENCY SHELTER GRANTS FUNDING PROVIDED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. It was moved by Frate, and seconded by Knaack, to adopt Resolution No. 4245 New Series. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION 21 It was moved by Martinez, and seconded by Frate, to hold a Special City Council Workshop at 1:30 p.m. on Tuesday, March 31, 2009 in Room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. It was additionally moved to hold a regular City Council Workshop at 8:30 a.m. on Tuesday, April 7, 2009 in Room B-3 of the City Council Chambers to be followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Jerry Berntsen, a Barrel resident and member of the Citizens Police Academy Alumni of Glendale, stated their mission was to work in partnership with the City of Glendale Police Department and the citizens of Glendale. Their work provides for a safer environment and promotes police service within the city. He announced they were having their First Annual Summer Safety Fair being held on April 25, 2009, from 8:00am to 11:00am at the Target Center parking lot at 43`d Avenue and Glendale. He added the event was free to the public. He invited the City Council, staff and residents to the event. Mr. Kent Knudson, a Phoenix resident, reported on an upcoming event. He stated that the City of Phoenix will be having an Earth Day Festival held on April 25, 2009 at the First United Methodist Church on Central and Missouri. He noted that the event was free to the public. He hopes the City of Glendale can become involved as an exhibitor and educate the community on what Glendale was doing for the environment. He also encouraged anyone interested to attend. Mr. Paul Jones, a Phoenix resident, provided Council a prepared statement regarding the Tohoho 0' Odham Casino. In his statement, he read from several excerpts from the United States Constitution discrediting the Tohoho 0' Odham Casino's Act. In summary, he indicated no one was bound to obey an unconstitutional act and no courts were bound to enforce it. He noted that after the Indian Citizenship Act of 1924, there were no more Indians within the original meaning of the United States Constitution to be regulated in any manner inconsistent with every United States citizen's constitutional privilege and immunities. Therefore, Title 25, inclusive of the Howard Wheeler Act of 1934, was not law. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark thanked Mr. Knudson for promoting the Earth Day Festival. She added, on a personal note,that this Thursday was her father's 95th birthday. She wished her father a very happy birthday. Councilmember Goulet commented on Habitat for Humanity's 11 homes that will be built east of Glendale. He thanked staff for all the help they provide Habitat for Humanity, which helps move these projects forward quickly. 22 Councilmember Lieberman congratulated Councilmember Clark's father on his 95th birthday. He also reminded everyone about the Jazz and Blues Festival being held on April 4th and 5th. He asked everyone to mark their calendar for a great time for the whole family. Vice Mayor Martinez announced his next Cholla District Meeting on April 2, 2009 at the Foothills Aquatic Center at 6:30 p.m. Councilmember Frate stated that the City of Glendale welcomed NCAA fans to the 2009 NCAA Men's West Regional held Thursday, March 26th and 28th 2009, at the University of Phoenix Stadium. He also reminded everyone to watch children around water. Councilmember Knaack invited everyone to her Barrel District Town Talk at the Adult Center from 5:00 pm to 7:00pm. She stated they will have 13-15 city departments in attendance for the public to asked questions and meet city staff. She encouraged everyone to attend. ADJOURNMENT There being no further business, I mieeting was adjourned at 7:55 p.m. �`y� Fame 'anna- City Clerk 23