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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/7/2009 GLENV,E MINUTES OF THE GLENDALE CITY COUNCIL MEETING—SPECIAL MEETING Council Chambers 5850 West Glendale Avenue April 7, 2009 5:30 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, 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 one resolution to be considered at the meeting was available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. RESOLUTIONS 1. OPPOSITION TO THE CREATION OF AN INDIAN RESERVATION ON A PARCEL WITHIN THE GLENDALE MUNICIPAL PLANNING AREA This is a request for City Council to adopt a resolution opposing the Tohono O'odham Nation's plan and current application for the Federal Government to take approximately 134 acres at the southwest corner of 91St and Northern avenues into trust and create an Indian reservation at the proposed site in the Glendale Municipal Planning Area(MPA). The Council goals of promoting one community with quality economic development and a city that is fiscally sound would be impacted negatively by the creation of an Indian reservation at the proposed site. The Tohono O'odham Nation is proposing to create an Indian reservation for gaming purposes on approximately 134 acres located at the southwest corner of 915' and Northern avenues. The 1 site is located in Glendale's MPA in the heart of its defined Sports and Entertainment District. The site is located within the city's strip annex area. The City of Glendale had no advance notice of this proposed major development although the Tohono O'odham Nation has owned the land under an assumed name since 2003. The City of Glendale learned of the plan to turn approximately 134 acres into tribal land on January 29, 2009 when the tribe went public, only then was the land transferred into the name of the Tohono O'odham Nation. The land in question has no historic relationship to the Tohono O'odham Nation. Removing the land from all state and local regulatory control and converting this property to an Indian Reservation, where one has never existed, presents very significant issues for the citizens and business owners of Glendale. Creation of an Indian Reservation in the manner proposed by the tribe, with the effect that it will have on the community, is contrary to the intent of federal law. The site would be considered a sovereign nation and, thus, would be exempt from City of Glendale sales tax revenues. A sovereign nation would also be exempt from development impact fees, connection fees, construction sales taxes, permit fees, property taxes, lease taxes and sales/bed taxes that would typically be paid to the city if the site were a corporate commerce center/mixed use development. In addition, a sovereign nation is exempt from plan reviews and building safety reviews and all other regulatory control by the State, County or City. An additional impact on city revenues would be the cost of providing services to the site including transportation, water, sewer, fire protection along with public safety issues. Removing the land from State, County and City regulatory control could result in a substantial annual revenue impact. The city has invested millions of dollars in infrastructure improvements in the Western Area and these improvements were not designed to support the type of development that the Tohono O'odham Nation is proposing. Waive reading beyond the title and adopt a resolution expressing the city's opposition to the creation of an Indian reservation on a parcel within the Glendale Municipal Planning Area. Mr. Ed Beasley, City Manager introduced the item. Mr. Craig Tindall, City Attorney, summarized the item. He stated that on January 28, 2009 the Tohono O'odham Nation filed an application requesting that the Secretary of the Department of Interior take approximately 135 acres of land into trust to be held by the federal government for the benefit of the Tohono O'odham Nation. The purpose is to create and develop a gaming facility on that land. The land is located on 91St and Northern Avenue within the Glendale municipal planning area. He explained taking land into trust by the federal government for all effects and purposes creates an Indian Reservation. He indicated the area surrounding the land has been developed with significant private and public investments, and as a result, none of that development was done with the knowledge or expectation that this land would be converted into an Indian Reservation. He stated creating a reservation for gaming purposes at this location does 2 present substantial social and legal implications and for that reason, staff requests Council adopt a resolution opposing the Tohono O'odham Nation's application. Ms. Sherry Marquez, a Cactus resident, stated her support of this application. She said she had a son and a niece currently attending ASU whose educations are funded by the Tohono O'odham Nation. She claimed the Tohono O'odham Nation would be a good neighbor to the City of Glendale. She thanked the Council for their time. She noted she opposed the Council's resolution. Mr. Mike Gausden, speaking on behalf of the Arizona Contractors Association, stated his support of this application. He explained the Indian Nation had a long history of supporting projects benefiting the state of Arizona and its residents. He indicated their reason for supporting this project was because of the state of the economy and the financial stress on the construction industry. He said this project would generate jobs and taxes in the form of withholdings. He added this would be a positive movement for the construction industry to get Arizonians back to work. Mr. Mitch Bolnick, speaking on behalf of BCD Low Voltage Systems, stated his support of the Indian Nation's application because of the economy. He noted the city needed projects like these to succeed and move forward. He stated he opposed Council's decision. Ms. Laurel Goodman, NIC for Tohono O'Odham and for NIC, stated her support of the Indian Nation's application. She explained her organization has had the opportunity to work with the Tohono O'odham Nation. She explained their work had presented many opportunities for jobs, expansion and growth within their company. She indicated this would not only provide opportunities in the construction phase, but also support in long-term local projects in the community. She opposed Council's resolution. Mr. Bradley Andrews, a Phoenix resident, stated his opposition to the Indian Nation's application. He explained he believed the city and his native brothers can do better than a casino. He added he trusts the Council to make the right decision and supports them. Mr. Arif Siddique, a Scottsdale resident, stated his support of the Indian Nation's application. He stated he has had the opportunity to work with Tohono O'odham Nation and explained it was not just a casino they build, but rather a community as well. He noted the Tohono O'odham Nation was one of the most charitable organizations with which he has ever worked. He added this project will create jobs in Glendale. He commented the community was in dire need of employment. Mr. Robert Beard, an Avondale resident, stated his support of the Indian Nation's application and echoed the previous speaker's comments. He opposed Council's decision. Ms. Linda Lamm, a Peoria resident, stated her support of the Indian Nation's application and echoed the comments of Mr. Bradley Andrews from Phoenix. She opposed Council's resolution. 3 Ms. Belva Barrick, a Barrel resident, stated her opposition to the Indian Nation's application. She indicated she has lived in Glendale for 34 years and does not believe having a casino will be a positive experience for the community. She noted she believes the casino would degrade the area. She explained statistics show that of every dollar brought in, two to three is spent on social services. She added when a city has gambling as a source of income, it gives a false sense of security to the people. Mr. Bob Richards, a Cholla resident, stated his opposition to the Indian Nation's application. He asked to read an Arizona Republic article he wrote titled "Casino Across from School is a Bad Idea." He explained it was not acceptable that there were four schools within a 1.2 mile radius. He stated having a casino across the street from a high school was not part of the Peoria Unified School District vision for their students. Mr. David Adame, speaking on behalf of Chicanos por La Causa, stated his organization was in support of the Indian Nation's application. He stated he had seen firsthand what great partners the Tohono O'odham Nation can make and what they do for the community and social services. He opposed Council's resolution. Dr. Walt Kallestad, speaking on behalf of the Community Church of Joy, stated his opposition to the Indian Nation's application. He noted he has been a Glendale resident since 1978 and represents a large group of people invested in serving their community. He thanked the Council for opposing the Indian Nation's application. Mr. Scott Sirois, speaking on behalf of the Tohono O'odham Gaming Enterprise, stated he • supports the Indian Nation's application and opposes Council's resolution. He suggested that a dialogue between the Council and the government of the Tohono O'odham Nation would make the most headway in this matter. He noted there has been some misinformation regarding fire and police. He said the Tohono O'odham Nation already has their own police and fire services. He stated the Tohono O'odham Nation has been operating its gambling enterprise for over 25 years and is one of the most heavily regulated industries in the United States. He implored the Council to reconsider their decision and meet with the Tohono O'odham Nation and their economic development delegation. Ms. Yvonne Urquiza, a Cactus resident, stated her support of the Indian Nation's application. She said she has been a resident for 34 years and is a Tohono O'odham Nation tribal member. She indicated that her family has greatly benefited from the many services the Tohono O'odham Nation provides to members. She opposes Council's resolution. Mr. Harry Cards, a Peoria resident, stated his opposition to the Indian Nation's application. He said building a casino in a residential area where there were children, schools and churches was not a very good thing and created a bad influence. Ms. Norma Alvarez, an Ocotillo resident, stated her support of the Indian Nation's application. She explained there were seniors who went to other cities to play small amounts of money for entertainment and believes that could be done here instead of having them travel. She opposed Council's resolution. 4 Mr. Leonard Zavala, a Gilbert resident, working with the Tohono O'odham Nation, stated his support of the Indian Nation's application. He explained he has seen much economic growth and development in the areas where they have been involved. He noted he was opposed to Council's resolution and believes bringing a casino to this side of town will help economic growth and bring much needed development. Mr. Bruce Taylor, speaking on behalf of Kitchell, stated his support of the Indian Nation's application. He explained that many of the issues against this casino have been the negative impact on schools and churches. He said as a builder building in Indian country for 10 years, he has yet to see a negative outcome once the two parties were willing to discuss matters. He indicated that in the 16 different communities he has built, crime and school drop-out rates have not increased. He added he has seen the tribal communities give back proceeds from the casinos to schools and communities. He indicated there could be negative impacts; however, with discussions they could be addressed. Mr. Jason Jones, a Cholla resident, stated his opposition to the Indian Nation's application and support for the Council's decision. He questioned the way the land was acquired by the Tohono O'odham Nation and believes it reveals a lack of character. He added he feels the city can use that land for something better that can support the community with better paying jobs. Mr. Jason Francisco, speaking on behalf of Tohono O'Odham Nation, stated his support.of the Indian Nation's application. He said he was a Glendale resident and a college student. He indicated the Tohono O'odham Nation provides money for textbooks and materials for college which he and others could not otherwise afford. He noted he was shocked to see another member opposing the Indian Nation's application when they receive benefits from the Tohono O'odham Nation as well. He explained the casino provides for better health care, builds houses and provides jobs. He opposes the Council's resolution and hopes they see the positive, not just the negatives. Ms. Larrie Fraley, a Phoenix resident, stated his opposition to the Indian Nation's application. He explained he was a founder of Street Light, an organization to stop child prostitution. He stated his research has shown that casinos and gaming areas do little to curve the demand for child prostitution. He supports the Council's decision. Mr. David Cleaveland, a Barrel resident, stated his opposition to the Indian Nation's application. He believes gambling in Arizona brings serious consequences to the area. He noted this new casino was unnecessary because there were already 22 casinos nearby, three of which were operated by the Tohono O'odham Nation. He explained gambling would not help the Arizona economy since the money will be used for gambling rather than for shopping and goods. He noted gambling was addicting and ruined families and only makes for heartache. Ms. Ann-Marie Boyle, a student in the Peoria Unified District, stated her opposition to the Indian Nation's application. She believes this project will be a major risk for the safety and security of the community, specifically students. 5 Mr. Mel Snyder, a Yucca resident, stated his opposition of the Indian Nation's application. He said he has been a Glendale resident for over 47 years. He explained he has known many people who gamble and has never seen anything good come out of gambling. He added they did not need a casino in the middle of Glendale and supports the Council's resolution. Mayor Scruggs thanked all those who attended and provided their comments. She asked Council if they would like to make any comments on this issue. Councilmember Lieberman commented on the casino and its effect on the community. He stated when any of his family comes into town, the first thing they want to do is go to a casino and this has never impacted his family negatively. He remarked on his meeting with Tohono O'odham Nation and had made it clear that his personal opinion did not reflect the Councils or the management's position. He explained if the Tohono O'odham Nation is granted permission from the Department of Interior and Bureau of Indian Affairs (BIA), he believes this resolution may not stop them. He provided information on how the Tribe had contributed money for housing and other developments in the City of Tucson, He read from a City of Tucson resolution which identified $549,537 in funds coming to Tucson from Tohno O'odham Nation. He commented on the inaccurate information regarding the building of a fire station. He indicated this project could create 6,000 construction jobs in the community, which the city needed desperately at the moment. He remarked on the debt service the city has and how to address it. In closing, he stated he supports the Indian Nation's application and respects Chairman Norris and the tribe for all the contributions they have made to communities. He thanked the community for coming out today to speak on this issue. Councilmember Clark thanked the community that came here tonight, especially the Yucca District, to support the opposition to the casino. She stated she opposes the casino which would be an Indian Reservation in the middle of town. She indicated this was precedent setting, not only for this community, but every community throughout the nation. She stated when an Indian Nation is attempting to plop a reservation on land not adjacent or contiguous to their existing reservation, it became a huge problem for a community. She noted there were other Indian tribes watching to see what happens. In addition, the voters of Maricopa County approved a gaming compact, which the Indian community agreed to, that restricted them from locating gaming facilities within communities. She noted the Tohono O'odham Nation was violating the spirit of the voter approved compact. She added she will be voting in favor of the resolution tonight. Councilmember Goulet thanked all who came to tonight's meeting, especially those who spoke. He expressed his disappointment in how the casino project was brought to the City of Glendale. He explained people thought of Glendale as a place with a hometown atmosphere; with this gaming facility, that would forever change the aspect of the quality of life in the community, whether people liked it or not. He remarked he was not opposed to gambling or casinos; however, he did not believe it should be in the middle of Glendale. He indicated he does not believe the economic construction reasons given in favor were valid. He explained that over the last 10 years, this Council has created some signature events that were known throughout the world. He reiterated that the quality of life and the hometown feel was very important with family outings to the baseball park or hockey games. Additionally, he does not believe the 6 shared revenue arguments and has read and learned much about it in the contrary. He noted he was in support of the city's position in opposing the Indian Nation's application. Vice Mayor Martinez thanked everyone for being here tonight. He commented on Council's plans for the West Valley and how much the City of Glendale has grown. He agreed both with Councilmember's Clark and Goulet as to the reasons why they do not need a casino. He explained from personal experience, one relative had destroyed his marriage and life because of his addiction to gambling. He noted he does not oppose gambling; however, there are some people just waiting for winnings which may never come and end up destroying everything around them. He remarked there were many reasons why he would not support the Indian Nation's application; however, one of the most important was Mayor Scruggs' excellent point that if this moves forward, they would have a sovereign nation within our corporate limits and the city had absolutely no say in any aspect of the development. He noted he was aware of the many contributions Indian Nations have made in communities; however, that does not change the fact that they were just plopping a sovereign nation within the city's corporate limits. Councilmember Frate thanked everyone for coming here tonight. He stated the reason he supports the Council's resolution is because he has a problem with removing land from both state and local regulatory control. He explained this land has never been Indian Reservation land and all of a sudden, Indian land would be in the middle of Glendale. He noted the creation of an Indian Reservation within a city was contrary to the intent of federal law and will be examined by the Department of Interior to determine the legality of this issue. He remarked he looks forward to a dialogue with the Indian Nation because they do own 134 acres in the city, which could be developed for job creation with something other than gaming. He provided examples of other construction possibilities for job creation. Councilmember Knaack thanked everyone who attended tonight. She stated she was not opposed to the Tohono O'odham Nation's land in Glendale; however, was opposed to the Indian Nation's application to put the land in trust to make it a sovereign nation. She noted the issue for her was not a casino, but rather them trying to put a sovereign county in the middle of Glendale and the city having no say on matters pertaining to that land. She added the city inspectors could not inspect any developments on the land and the city would not see any tax revenue from it. She noted for those reasons, as well as many others, she supports the Council and staff's decision to not support the Indian Nation's application. Mayor Scruggs thanked everyone for attending this important meeting to express their views. She commended all for listening to everyone's opinions and comments in a respectful fashion. She also thanked the Tohono O'odham Nation and Chairman Norris, who has been very gracious in meetings and in sharing ideas. She explained that her opposition is clearly expressed in what the title of the resolution states, which is the creation of an Indian Reservation on a parcel within the Glendale municipal planning area. She remarked her opposition would be the same whether it had been Germany, Canada or any Tribal Nation. She noted it made no difference of who occupied the land; however, the issue was the laws of the City of Glendale, Maricopa County, the State of Arizona and the United States had no governance over them. She indicated she has shared these very thoughts with Chairman Norris of the Tohono O'odham Nation. She has also told him she respects the right of the Tohono O'odham Nation to make the Indian Nation's 7 application and if approved, she pledges her support to work with him and the members of the nation's community in a true partnership to achieve the best for everyone. She asked the community to not get caught up with the issue of morality regarding the casino, but rather do what is best for them and the community. She explained the issue for her was not about a casino, because she would have opposed this application whether it had been a casino or anything else. She stated she agreed with Councilmember Clark's comment that this had the potential to become precedent setting. She explained if this was approved in an area where the Tohono O'odham Nation had no history at all, the same thing could happen throughout the United States. She added she believes this would produce tremendous conflict for people living within a set of laws next door to people who do not have to abide by those laws. Mayor Scruggs asked Ms. Pam Hanna, City Clerk,to read the resolution in full and it was read in entirety. Resolution No. 4246 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXPRESSING THE CITY'S OPPOSITION TO THE CREATION OF AN INDIAN RESERVATION ON A PARCEL WITHIN THE GLENDALE MUNICIPAL PLANNING AREA. It was moved by Frate, and seconded by Knaack, to pass, adopt and approve Resolution No. 4246 New Series. The motion carried with Lieberman voting nay. CITIZEN COMMENTS There were no other public comments. COUNCIL COMMENTS AND SUGGESTIONS There were no other council comments. ADJOURNMENT There being no further business, the meeting. as adjourned at 7:10 p.m. Pa ela Hanna- City Clerk 8