HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/22/2011 (3) rip,
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MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
March 22,2011
7:00 p.m.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Steven
E. Frate and the following Councilmembers present: Norma S. Alvarez, Joyce V. Clark, Yvonne
J. Knaack, H. Philip Lieberman and Manuel D. Martinez.
Also present were Ed Beasley, City Manager; Horatio Skeete, Assistant City Manager;
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 1 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.
APPROVAL OF THE MINUTES OF THE MARCH 8, 2011 CITY COUNCIL MEETING
It was moved by Clark, and seconded by Frate, to dispense with the reading of the
minutes of the March 8, 2011 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
BOARDS, COMMISSIONS AND OTHER BODIES
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.
Citizens Advisory Commission on Neighborhoods
John Geurs Ocotillo Appointment 03/22/2011 06/30/2011
Citizens Bicycle Advisory Committee
Brent Ackzen CTOC Reappointment 03/25/2011 03/25/2013
Citizens Transportation Oversight Commission
Brent Ackzen Sahuaro Reappointment 03/25/2011 03/25/2013
Theodora Hackenberg Barrel Appointment 03/22/2011 03/25/2012
Ricki Ray Cactus Reappointment 03/25/2011 03/25/2013
Allan DeFranco—Chair Cholla Appointment 03/26/2011 03/26/2012
Commission On Persons With Disabilities
Shirley Galvez Yucca Reappointment 03/22/2011 03/22/2013
John Fallucca Cholla Appointment 03/22/2011 07/27/2012
Joan Brainard Pinson Barrel Appointment 03/22/2011 02/27/2012
Community Development Advisory Committee
Gina Schmitz GESD Appointment 03/22/2011 03/22/2013
Historic Preservation Commission
Robert Renning Barrel Reappointment 04/13/2011 04/13/2013
Marlene Versluis Barrel Reappointment 04/14/2011 04/14/2013
Becky Shady—Chair Barrel Reappointment 04/13/2011 04/13/2012
James Grose Jr.—Vice Chair Cholla Reappointment 04/13/2011 04/13/2012
Library Advisory Board
Bernadette Bolognini Ocotillo Appointment 03/22/2011 04/13/2013
Camille Donley—Chair Cholla Reappointment 04/13/2011 04/13/2012
Parks&Recreation Advisory Commission
Edgar Hernandez Yucca Reappointment 04/09/2011 04/09/2013
Planning Commission
John Kolodziej Yucca Reappointment 03/25/2011 03/25/2012
William Shaffer Cactus Reappointment 03/25/2011 03/25/2013
John Kolodziej—Chair Yucca Reappointment 03/25/2011 03/25/2012
Raymond Spitzer-Vice Chair Barrel Reappointment 03/25/2011 03/25/2012
The recommendation is to make appointments to the boards, commissions and other bodies and
administer the Oaths of Office.
It was moved by Clark, and seconded by Lieberman, to appoint John Geurs to the
Citizens Advisory Commission on Neighborhoods; Brent Ackzen to the Citizens Bicycle
Advisory Committee; Brent Ackzen, Theodora Hackenberg, Ricki Ray and Allan
DeFranco to the Citizens Transportation Oversight Commission; Shirley Galvez, John
Fallucca and Joan Brainard Pinson to the Commission on Persons with Disabilities; Gina
Schmitz to the Community Development Advisory Committee; Robert Renning, Marlene
Versluis, Becky Shady and James Grose Jr., to the Historic Preservation Commission;
Bernadette Bolognini and Camille Donley to the Library Advisory Board; Edgar
Hernandez to the Parks & Recreation Advisory Commission; John Kolodziej, William
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Shaffer and Raymond Spitzer to the Planning Commission, for the terms listed above. The
motion carried unanimously
PROCLAMATIONS AND AWARDS
PROCLAIM APRIL 10—APRIL 16, 2011 AS NATIONAL VOLUNTEER WEEK
This is a request for City Council to proclaim April 10 — April 16, 2011 as National Volunteer
Week in Glendale. This proclamation will be accepted by Lorraine Porta, a 10-year volunteer at
the Glendale Convention and Visitors Bureau.
National Volunteer Week was established in 1974 and is an annual event providing organizations
the opportunity to honor volunteers who dedicate themselves to serving in their communities.
Volunteer Week is about inspiring, recognizing and encouraging people to seek out imaginative
ways to engage in their communities.
This year's theme, "Volunteers are Stars Forever" is the opportunity to celebrate the tremendous
contributions of those who generously give their time and talents to improve their communities
at all times and especially during this past year's challenging economic times. Glendale's annual
Volunteer Recognition Event will be held during National Volunteer Week this year and
provides us the opportunity to honor and recognize the volunteers who serve our city.
The recommendation is to present the proclamation to Lorraine Porta, a 10-year volunteer at the
Glendale Convention and Visitors Bureau.
Mayor Scruggs called Ms. Lorraine Porta forward and she accepted the proclamation. Ms. Porta
stated she accepts this proclamation for all volunteers. She indicated it has been an honor and a
privilege to serve her community.
PROCLAIM APRIL 25—30, 2011 AS NATIONAL COMMUNITY DEVELOPMENT WEEK
This is a request for City Council to proclaim the week of April 25 through April 30, 2011 as
National Community Development Week. This proclamation will be accepted by Mr. Chris
Flippen, Community Development Advisory Committee Chair.
The Community Development Block Grant (CDBG) program has been in operation since 1975,
providing local governments with the resources to help address critical needs as identified by the
community. Since established, the program has emphasized the importance of local priorities
and the need to develop strong relationships between local government, citizens, and non-profit
agencies. During National Community Development Week, programs and projects such as
Habitat for Humanity infill housing, Boys & Girls Club after-school program, and the St. Mary's
Food Bank Alliance emergency food box program will be recognized for their contributions to
Glendale.
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Glendale began receiving CDBG funds in 1977 from the U.S. Department of Housing and Urban
Development. Over the last 34 years, the city has been allocated over $61 million for the
purpose of improving the physical and social conditions of Glendale residents.
The recommendation is to present the proclamation to Mr. Chris Flippen, Community
Development Advisory Committee Chair.
Mayor Scruggs called Mr. Chris Flippen forward and he accepted the proclamation. Mr. Flippen
stated the Community Development Block Grant program has continued to help thousands of
Glendale citizens through a variety of programs and partnerships to address urgent community
needs. He listed the many programs Glendale provides its citizens through the CDBG program.
He noted for every federal dollar invested, the city generally sees a three dollar return in
additional resources. He encouraged the community to publicly support these programs and
thanked the Mayor and Council for their continued support.
CONSENT AGENDA
Items on the consent agenda are of a routine nature or have been previously studied by the
City Council at a work session. They are intended to be acted upon in one motion.
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 8.
Councilmember Lieberman requested Item 8 be heard separately.
1. SPECIAL EVENT LIQUOR LICENSE, CITY OF GLENDALE OFFICE OF SPECIAL
EVENTS
This is a request for City Council to approve a special event liquor license for the City of
Glendale Office of Special Events. The event will be held in downtown Glendale at 58th Avenue
and Glenn Drive on Saturday, April 9, from noon to 10 p.m.; and Sunday, April 10, 2011, from
noon to 6 p.m. The purpose of this special event liquor license is for the Glendale Jazz & Blues
Festival.
If this application is approved, the total number of days expended by this applicant will be six of
the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona
Department of Liquor Licenses and Control may issue a special event liquor license only if the
Council recommends approval of such license.
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
Based on the information provided under the background, it is staffs recommendation to
forward this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
2. SPECIAL EVENT LIQUOR LICENSES,ST. THOMAS MORE PARISH
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This is a request for City Council to approve three special event liquor licenses for St. Thomas
More Parish. The events will be held at St. Thomas More Parish located at 6180 West Utopia
Road on Saturday, May 7, from 6 p.m. to 11 p.m. for Cinco de Mayo; Saturday, October 22,
from 6 p.m. to 11 p.m. for an Oktoberfest; and Saturday, December 31, 2011, from 8 p.m. to 1
a.m. for New Year's Eve. The purpose of these special event liquor licenses is for fundraisers.
If these applications are 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.
The City of Glendale Planning, Police, and Fire Departments have reviewed the applications and
determined that they meet all technical requirements.
Based on the information provided under the background, it is staff's recommendation to
forward these applications to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
3. LIQUOR LICENSE NO. 3-1332, GENGHIS GRILL
This is a request for City Council to approve a new, non-transferable series 12 (Restaurant)
license for Genghis Grill located at 7350 West Bell Road, Suite 201. The Arizona Department of
Liquor Licenses and Control application (No. 12078667) was submitted by Randy D.Nations.
The location of the establishment is 7350 West Bell Road, Suite 201, in the Sahuaro District.
The property is zoned PAD (Planned Area Development). The population density within a one-
mile radius is 11,156. This series 12 is a new license, therefore, the approval of this license will
increase the number of liquor licenses in the area by one. The number of liquor licenses within a
one-mile radius is as listed below.
Series Type Quantity
03 Domestic Micro - Brewery 2
06 Bar-All Liquor 1
07 Bar- Beer and Wine 1
09 Liquor Store -All Liquor 4
10 Liquor Store-Beer and Wine 7
12 Restaurant 27
Total 42
The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire
Departments have reviewed the application and determined that it meets all technical
requirements.
No public protests were received during the 20-day posting period.
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Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
4. AWARD OF PROPOSAL, PROFESSIONAL INSURANCE BROKER SERVICES AND
PROPERTY INSURANCE
This is a request for City Council to award the proposal and authorize the City Manager to enter
into the Agreement for Professional Insurance Broker Services and Property Insurance with
Alliant Insurance Services, Inc.
This request supports Council's goal of one community that is fiscally sound through an
enhanced property insurance program tailored for public entities. The selected property
insurance program has the broadest coverage with the highest limits, while reducing costs to the
city.
Two offers were received in response to the proposal. An evaluation committee comprised of
staff from Human Resources and Risk Management reviewed the offers. Specific evaluation
factors considered in the review included compliance with specifications, overall cost/fees,
capabilities of firm and staff, and references. The proposal scored highest by the committee was
submitted by Alliant Insurance Services, Inc.
This broker will also assist the city in obtaining insurance protection for various lines of
insurance coverage. If approved, the agreement will begin April 1, 2011 and continue for one
year. The proposal contains an option that will permit the City Manager, at his discretion, to
extend the contract for five additional years in one year increments.
On January 10, 2006, Council approved a proposal for Property Insurance and Broker Services
with Driver-Alliant Resources Group.
Approval of this action will provide better insurance protection of public property against loss at
a savings to the taxpayers of $15,771 during the first year. This savings is a direct result of
reduced broker fees.
Funds are available in the FY 2010-11 operating budget of the Risk Management Trust Fund.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $219,248
Account Name, Fund,Account and Line Item Number:
Risk Management Trust Fund, Account No. 2540-18010-518200, $219,248
The recommendation is to award the proposal and authorize the City Manager to execute the
Agreement for Professional Insurance Broker Services and Property Insurance to Alliant
Insurance Services, Inc. for $219,248 for the first year; and authorize the City Manager, at his
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discretion, to renew the agreement for an additional five years in one year increments at the fees
set forth in the agreement.
5. CONSTRUCTION AGREEMENT—RECONSTRUCTION OF UNITS AT LAMAR
HOMES
This is a request for City Council to authorize the City Manager to enter into a construction
agreement with U.S. Construction Company, in an amount not to exceed $169,195.35 for the
reconstruction of three public housing units located at 6127, 6129 and 6131 West Lamar Road.
This item addresses Council's goal of one community with strong neighborhoods. The
reconstruction of these units will provide three families with safe and affordable housing.
The three public housing units were damaged due to an act of arson. Insurance inspections and
formal design work to reconstruct the units have been completed. Reconstruction will include
lighting, kitchens, baths, flooring, mechanical, electrical, plumbing, painting, and new trusses. A
total of six bids were received and opened on February 3, 2011. U.S. Construction Company
was identified as the lowest and most qualified responsible bidder.
The Lamar Homes public housing rental community provides safe and affordable housing to low
income Glendale families. Reconstruction of these three units will allow them to once again be
occupied.
The total construction contract price is $169,195.35. The city's insurance carrier will pay
$119,195.35. The remaining $50,000, the insurance deductible, will be paid by the Glendale
Community Housing Division's operating budget. If approved, the Community Housing
Division will enter into a contract in the total amount of$169,195.35.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $169,195.35
Account Name, Fund,Account and Line Item Number:
Community Housing, Account No. 2500-17910-518400, $169,195.35
The recommendation is to authorize the City Manager to enter into a construction agreement
with U.S. Construction Company, in an amount not to exceed$169,195.35.
6. AUTHORIZE AN INCREASE IN THE CONTRACT SPENDING LIMIT WITH EMPIRE
SOUTHWEST, LLC
This is a request for City Council to authorize the City Manager to enter into Amendment No. 1
to the Agreement for Heavy Duty Caterpillar Equipment Parts, Service and Accessories with
Empire Southwest, LLC for an ongoing increase in the annual spending limit.
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This request addresses Council's goal of one community that is fiscally sound by making the
best use of landfill funds while maintaining a high-level of operational efficiency and service
delivery.
Empire Southwest, LLC was awarded a contract in March 2010 to provide Caterpillar equipment
parts, service, and accessories. Due to an increase in heavy equipment parts usage and repair
needs, staff has determined an ongoing increase in the annual spending limit of $145,000 is
necessary to cover the anticipated annual cost of parts over the remainder of the contract. This
increase will allow the landfill to extend the life of heavy equipment.
This contract spending limit increase will allow the city to continue to maintain landfill heavy
equipment in a timely and cost effective manner.
On March 9, 2010, Council awarded a contract for Caterpillar equipment parts, service, and
accessories with Empire Southwest, LLC in the amount of$245,000 annually.
Funds are available in the FY 2010-11 operating budget of the Landfill Enterprise Fund.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $145,000
Account Name,Fund,Account and Line Item Number:
Landfill Operations, Account No. 2440-17710-516400, $145,000
The recommendation is to authorize the City Manager to enter into Amendment No. 1 to the
Agreement for Heavy Duty Caterpillar Equipment Parts, Service and Accessories with Empire
Southwest, LLC for an ongoing increase in the annual spending limit.
7. DIGITAL RADIO SYSTEM UPGRADE
This is a request for City Council to authorize the purchase of a digital radio system upgrade
through Motorola Solutions, Inc. in the amount of$928,113.
This request addresses Council's goal of one community committed to public safety by allowing
the department to operate on the Regional Wireless Cooperative(RWC)Network.
The City of Glendale purchased the digital voice radio system in 2002. Police, Utilities,
Transportation and Field Operations utilize this radio system. The city upgrades the radio
system every 18 to 24 months to stay current with the advancements in technology. This
upgrade includes the integration of the city's radio system with the RWC network. The
transition to the RWC will provide interoperability between Police, Fire and Utility departments
in the Phoenix metro area, and will significantly enhance radio coverage and system redundancy.
The cost of future upgrades will be paid by the RWC. The city will still be responsible for
certain service and software support expenses to maintain the system.
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On February 22, 2011, Council approved the entering into of an intergovernmental agreement
with the Regional Wireless Cooperative Network.
On November 23, 2010, Council approved the entering into of a service agreement with
Motorola, Inc.
On December 11, 2007, Council approved the purchase of an upgrade to the digital radio system
through Motorola Incorporated.
This upgrade will enable the Police Department to operate on the RWC Network. The RWC will
provide public safety personnel with true radio interoperability between disciplines and
departments in the Phoenix metro area for safety and coordination during major events and
emergency situations.
The RWC cost is essentially comparable to the cost of operating and maintaining the current
radio system. The funding necessary for RWC participation will be covered by the Public Safety
Radio CIP account, the Police Department operating budget and RICO account. The cost for the
Motorola upgrade will be covered by the Public Safety Radio CIP account.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $928,113
Account Name, Fund,Account and Line Item Number:
PS Digital Communications System,Account No. 2040-75012-551400, $928,113
The recommendation is to authorize the purchase of a digital radio system upgrade through
Motorola Solutions, Inc. in the amount of$928,113.
It was moved by Frate and seconded by Knaack, to approve the recommended
actions on Consent Agenda Item Nos. 1 through 7, and to forward Special Event Liquor
License Applications for the City of Glendale Office of Special Events and St. Thomas
More Parish and Liquor License Application No. 3-1332 for Genghis Grill to the State of
Arizona Department of Liquor Licenses and Control, with the recommendation for
approval. The motion carried unanimously.
8. APPEAL OF DECISION IN GILA RIVER INDIAN COMMUNITY et al. v. UNITED
STATES DEPARTMENT OF THE INTERIOR et al.
Craig Tindall, City Attorney, presented this item.
This is a request for City Council to ratify, consistent with Council's prior instruction and
resolution, the appeal of the Arizona District Court's decision in the matter of Gila River Indian
Community et al. v. United States of America et al.
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The United States District Court for the District of Arizona entered an Order on March 3, 2011
regarding the lawsuit concerning a July 23, 2010 decision by the United States Department of the
Interior to accept into trust under the Gila Bend Indian Reservation Lands Replacement Act of
1986 a 54-acre parcel of unincorporated land for the benefit of the Tohono O'odham Nation.
On April 7, 2009, the City of Glendale adopted Resolution No. 4246, New Series, expressing the
city's opposition to the creation of an Indian reservation on a parcel within the Glendale
Municipal Planning Area.
The recommendation is to ratify the appeal of the March 3, 2011 order issued by the United
States District Court of Arizona in the matter of Gila River Indian Community et al. v. United
States Department of the Interior et al.
Mr. Tindall stated the court order has been appealed and he was requesting ratification of that
action from City Council.
Councilmember Clark asked if this was a ratification of the direction given to him by Council in
Executive Session. Mr. Craig Tindall, City Attorney, stated she was correct.
Councilmember Alvarez asked if the appeal had already been filed on March 15th. Mr. Tindall
replied yes. Councilmember Alvarez asked why then was this being brought back to Council if
it was already filed. Mr. Tindall explained this was only a ratification of Council's direction.
Councilmember Lieberman remarked that he was not aware the appeal had already been filed,
until today. He believed tonight's vote on the ratification was being done to provide direction on
whether to appeal or not. However, this vote was being done after the fact. He stated there had
been no notification of this filing and he hadn't received a copy of it. He added Mayor Scruggs
had mentioned at her Town Hall meeting that the appeal had been filed. He remarked he was
pro-casino, 100%.
Councilmember Alvarez stated she had no idea how the city was going to pay these attorney fees
and believes they should have held a public hearing to obtain tax payer input. She explained
they need to provide a forum for citizens to express themselves to the city without fear of
retaliation or ridicule. She noted she has no idea why the city was fighting this issue when the
Nation was willing to work with the city on intergovernmental agreements. She stated her only
interest is to create jobs for the residents of Glendale. She suggested a meeting with the Nation
to listen to each other as partners, not enemies.
Councilmember Clark stated this issue has not been taken lightly no matter which side people
were on. However, she would like to make the people who support the casino aware of a few
facts. She explained that the Nation's revised 134 acre plan calls for a casino only, with no
resort or Convention Center. She noted that as a result, the 6,000 jobs expected have now shrunk
and this change should be taken into account. She indicated a lot of the construction jobs she
was hearing about will not all come from Glendale since many contractors were from out of
state. She explained she was aware of this since her husband was a contractor and he traveled
out of state to many job sites. She added many jobs will also be allocated to the Indian
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community. As to the infrastructure of that area, Glendale's master plan had planned that area as
a business park. As a result, they city will have to take another look at their utility needs for the
area which may incur greater expense to the Glendale tax payer if those utility needs cannot be
met with the present infrastructure. In regards to security, Glendale police and fire will not be
allowed on the premises unless invited. Since this is a casino, there will be drinking that will
become a problem for Glendale once the person goes out on the roads. However, the Nation will
not be responsible for the surrounding areas and arterial streets in Glendale. This duty will be
placed on Glendale's police and fire, creating additional cost to the city. She explained her
opposition was based on all these reasons. In addition, she worries how restaurants at Westgate
will compete with $9.95 buffet specials at the casino. She believes there will be a detrimental
effect on the businesses at Westgate. She added the casino has the potential to suck dry revenue
around Westgate and will hurt those businesses. She explained the city will derive no income
from the casino; however, it will hurt its tax revenue base.
Councilmember Clark continued additionally during the consideration of Prop 202, the Nation
was in favor of it while secretly buying land in Glendale. Later, it was revealed that instead of
building a business park, they were secretly planning a casino; she was not pleased the city has
been placed in this situation. Because of all of this, she was not ready to offer an olive branch to
a tribe that has made secret plans. She stated this does not leave her with a lot of confidence to
negotiate anything with them at this point. She added she was adamantly in favor of appealing
the judge's very narrow ruling and believes this needs to be appealed. She indicated this was not
good for Glendale or Maricopa County. If the casino was to go through, she would have no
choice but to work and find a suitable solution but she will not until or if that time comes. She
added if the compact is broken, there will be nothing to prevent gaming from coming into
anyone's neighborhood and will be precedent-setting for the entire state.
Councilmember Martinez stated he supported the ratification. He agrees with Councilmember
Clarks comments and would like to add some of his own. He asked the public to think in terms
of any sovereign nation coming into the city, such as Germany, France or Mexico. They will not
be paying any taxes or abide by any of the city's planning guidelines. He also believes this will
have a detrimental effect on businesses because of the casino's offers of inexpensive food and
drink. He noted that casinos do not produce anything or provide anything of value. They are
only there to make money and take money. He indicated he and others on the Council have met
with the Nation individually to find a solution; however, after his meeting and listening to their
plans, he expressed his opposition. He remarked that this was bad for the city if it were to
happen.
Councilmember Lieberman stated that although the Nation will not pay taxes,the Super Bowl
and Super Bowl Experience also did not pay taxes to the city and was not sure if the Fiesta Bowl
did or not. He indicated that as far as drunk driving, there are 42 drinking establishments in the
one mile on Bell Road alone. Additionally, it was his understanding that the Nation has to pay
for a water main just like anyone else does. Furthermore, the casino's police and fire, by state
law, must have the exact same training as the city's police and fire. He has met with the Nation
four times to discuss this issue. He noted they will be building the casino in stages and the hotels
and restaurants will come later. He indicated that his meetings with the Nation have revealed to
him that they were willing to sit down and discuss any issues with the city. He commented on
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how Cabala's had cost the city over $16 million in infrastructure alone. He explained that the
Indians will provide 3,000 jobs when they complete their build-out. He added the city was
desperate for jobs right now in this current economy. He remarked on the other casinos in
Arizona and their continued success. He explained that in regards to Judge Campbell's decision,
the Judge cited and quoted other court cases to substantiate his decision. He believes the Judge's
decision was very well thought-out and researched thoroughly. He does not believe the casino
will hurt Westgate businesses since each business is unique. Furthermore, area casinos already
discount heavily; however, people still visit other restaurants because of their specialties. He
explained the city could benefit greatly from having the casino in the area of Westgate. He gave
an example of NAS car fans. He believes they still need more hotels in the area and feels
confident the Nation has plans to build one in phase II. He added he apologizes if he gave the
wrong impression about the vote tonight and regrets that the appeal has already taken place.
Councilmember Alvarez asked to respond to Councilmember Martinez's comment about
comparing this issue to other countries coming to the area as sovereign nations. She remarked
they should remember the Indians are Americans and they need to be respected. Councilmember
Martinez agreed that the Indians are Americans and he has nothing but respect for them;
however, the fact still remains that they are a sovereign nation. He added this was much
different than if a company or firm were to come into the area.
Thomas Purcell, a Sahuaro resident, stated his support of the casino and believes the city is
wasting millions of tax payer dollars to continue the appeal process. He stated that the Council
had provided no valid reasons as to why they were against it other than they could not tax it or
were morally outraged over gambling. He believes the Council, along with the Nation, should
jointly market this venture to businesses in Westgate to obtain a greater return for everyone. He
stated low prices were not a bad thing and will inspire greater competition. He noted the city
was failing to see the potential business opportunities this will present to Glendale. He explained
Glendale should use its legal clout to expand business, not to stifle it. Government should work
on behalf of its tax payers not by squashing property rights, but by minimizing government
intrusion, protecting individual liberties and developing business relationships with neighbors
rather than arguing their differences out in a courtroom at the expense of the tax payer. He
reiterated the claim that the casino will bring much needed traffic into the area that was only
visible now on game days. He asked the Council to think about the job growth as Westgate
expands to fill the needs of all the new guests the nearby casino will bring in. He indicated that
as it stands now, the Council is saying "no"to growth, "no" to a free exchange of commerce and
"no" to long standing property rights and the people of Glendale deserve better. He referenced
the current expenses the city has regarding the Coyote's issue, which means more taxes from tax
payers. He explained that although the city cannot tax the casino directly, the increase in
revenues from new employees and guests spending their money in the city will have a positive
impact on the overall city treasury. He noted that the Council was missing the forest for the
trees. He noted that growth was good and was the primary way a city provides more services,
more benefits and a better quality of life for its citizens. He discussed government and property
rights and their implications and consequences. He stated government should not be the final
arbiter in the development of land while zoning. He indicated that to stymie the growth and
development of property under the guise of those laws was an act of pettiness on the part of the
local government. He asked the Council to reconsider moving forward with this law suit.
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Alan T. Miller, a Cholla resident, stated he agreed with the last speakers comments. He stated
competition was good and believes this venture will be good for Glendale and the public. He
remarked that appealing this ruling was ridiculous and costly to the tax payers and the city
should stop and reconsider their decision and move forward from there.
Andrew Marwick, a Phoenix resident, stated his support of the casino. He stated that in response
to comments that construction workers might come from other areas, there were a lot of
construction workers in the county and those coming to work from outside Glendale would
spend their money here. There would also be additional traffic in the area. He noted none of the
Coyote players live in Glendale and 95% were from outside the United States. He added that
building a business park was futile since there were vacant business parks all around. He stated
that as far as purchasing the land under a guise, they actually played a fast one on the other
Indian Tribes and Glendale should not get into the middle of it. He explained how other states
were actually fighting for the chance to have a casino in their city. He suggests the city work
with the Indians to market a Las Vegas type product that will be agreeable to everyone involved.
Sherry Marquez, a Cactus resident, stated her support of the casino. She stated the city has spent
$1.3 million in legal fees to fight this casino while the city is experiencing work furloughs, utility
increases and losses in city programs and wonders if this will continue. She stated she was in
favor of the casino resorts because the nation has enabled her son to graduate from the University
of Central Florida, her niece to graduate from ASU and another niece from NAU. She believes
the Nation will be a good neighbor to Glendale in spite of all that has taken place. She was also
not aware that the city had already gone ahead with the appeal process and it appears to be kept
secret. She added all members of the Council should always be politically correct when in
public, especially when being quoted in the Arizona Republic.
State Representative Matt Heinz, stated he represented District 29 in Tucson and was also a
practicing internal medicine physician. He clarified he was not representing the Tohono
O'odham Nation nor authorized to speak on their behalf. However, he was here tonight to urge
the Council to avoid any future appeal of the court's decision on the casino. He believes that tax
payer dollars can be put to better use for the community. He stated the area will benefit greatly
from this casino, as in Tucson. He explained how this venture will bring jobs, construction work
and new people into the area. He noted the important health care benefit that this venture will
have on the community and has yet to be brought up. He would like to shed some light on it.
The trauma system in Arizona is supported in part by revenue sharing from the Gaming Industry.
He explained that his trauma center in Tucson receives nearly $5 million per year from gaming
revenue. He stated this will have a positive effect on the health care delivery system. He
explained a portion of the gaming proceeds from this new casino in Glendale will be diverted to
support the local trauma system here in this region to the great benefit of the community. He
could not stress enough the importance of maintaining a strong and robust trauma system,
especially with the cuts that are expected in Access.
Valerie Rollen, a Cactus resident, stated her support of the casino. She believes building the
casino will bring needed construction work to Glendale, as when the Stadium and Westgate were
built and brought revenue dollars into the area. Additionally, as far as the issue of people
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drinking and accidents at the casino, she believes it was a non-issue since people also drink at
Coyote and Cardinal Games. She believes they have the same risk factors, which were no higher
or lower. She noted from personal experience working in a casino that most workers support
local businesses. She understands there was a master plan for the city; however, things change
even if people do not like it. She believes the city was acting like a child because they are not
able to get their way on the master plan they have set up. She asked them to stop wasting tax
payer money and embrace the Nation and work with them to make a better solution for the
people of Glendale.
George Sprankle, a Cactus resident, stated his support of the casino. He discussed the fact that
Glendale only has four hotels within a five mile radius, with a total of 648 rooms. He explained
that people wanting to hold conventions were looking at a minimum of 1,000 rooms and
Glendale does not have anywhere near that amount in the Westgate area. He indicated this fact
rules out Westgate as a site for a major convention. He told a story of a business owner that had
been afraid of losing his business because another business was moving in. As it turned out, he
received more business because of the other business and was up 30% over last year. He
wholeheartedly supports the casino for the betterment of Westgate.
Arthur Thruston, a Cactus resident, stated he has been before the Council many times before. He
stated he has never been to a casino in Arizona and believes he never will; however, he supports
the building of the casino in Glendale. He noted he also supports the Coyotes. He explained that
many business entities buy land secretly and the Nation was no different and this was a normal
business procedure. He commented about the casino right across from the City of Scottsdale and
its affects on the community. He expressed his opinion of how the deal with the Coyotes was
pure insanity and it took the Goldwater Institute to point out to everyone what a badly negotiated
deal this was for Glendale tax payers.
Annette McHugh, a Tea Party Patriots of Glendale representative, stated that personally, she was
opposed to casinos. However, she was also a tax payer and her core values are fiscal
responsibility, adherent to constitutional principles and free market enterprise. She noted that all
three of these issues are addressed in this one issue with the Indian Nation. She does not want
any more tax payer money used for an appeal and believes the Judge's ruling was based on facts.
She stated three appeals were enough and they should now move forward and negotiate viable
solutions for everyone. She noted that Councilmembers Clark and Martinez only presented
speculations, while Councilmember Lieberman presented facts. She added the city has lost bids
because they do not have the necessary hotel facilities.
John Lyon, an Ocotillo resident, stated his opposition to the casino and his support of the appeal.
He said that as a resident of Glendale, he is opposed to giving up a chunk of their territory to a
sovereign entity, which in his opinion, puts at risk the city and limits their ability to control what
would happen within Glendale. In regards to the money, he understands the current hard times;
however, money talks even in good times. He does not want the city to make a deal with the
devil in order to get money. He expressed his unhappiness that they have come to the point
where the only way to get money is to build a casino with gambling and drinking, which in his
opinion are bad and addictive behaviors the city should not encourage.
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Merrill Edelstein, a Surprise resident, stated she supports the casino and was against the appeal.
She remarked that she bought dinner and gas since driving in from Surprise, which she believes
will be the case when the casino is built. She explained how other cities with casinos were
booming. She noted if a casino was built in Glendale, she would visit since for many,this would
be the closet one and would be great for Glendale's economy.
Mayor Scruggs acknowledged a speaker card from Steve Schallenberger, a Barrel resident,
indicating he supported the action, but did not wish to speak.
Councilmember Clark remarked that she has heard a lot of support of the casino tonight, some
making sense, while other information does not. She stated this was not Judge Campbell's third
decision on this matter and finds it interesting that the same people here tonight concerned about
money being spent are not urging the Tohono O'odham Nation to withdraw their appeal of the
city's favorable decision. She noted that what was good for the goose was good for the gander
and suggests they go to the Tohono O'odham Nation and get them to drop their appeal and then
the city might talk.
Mayor Scruggs asked to make a few comments. She stated the city actually has 1,320 hotel
rooms within a five mile radius of Glendale and Westgate. She explained one of the major Tea
Party leaders in Arizona was Senate President Russell Pearce. She stated Senate President
Pearce was disappointed when he was not able to join the city's law suit against the nation since
this was really a state's rights issue. She was surprised to hear a Tea Party speaker say this fits
the Tea Party ideals because Senate President Pearce has spoken in opposition to the Tohono
O'odham Nation's court case. She noted State Attorney General Tom Horne has been granted
status in this same law suit and appeal. Additionally, he also has his own lawsuit because he
believes this casino is illegal in the state of Arizona and in direct violation of the State Indian
Gaming Compact. She explained the process in which she found out about the appeal being filed
and agreed there was not a mass email alerting everyone. She noted on the day of her last
Mayor's meeting she asked Deputy City Attorney Russ Romney the status and was told the
appeal had been filed that same day. She stated the matter before them tonight was simply
ratifying the direction that was given to the City Attorney two weeks ago on which the city
attorney's office acted.
It was moved by Martinez, and seconded by Knaack, to ratify the appeal of the
March 3, 2011 order issued by the United States District Court of Arizona in the matter of
Gila River Indian Community et al. v. United States Department of the Interior et al. The
motion carried with Clark, Scruggs, Frate, Martinez and Knaack voting aye and Alvarez
and Lieberman voting nay.
PUBLIC HEARING-RESOLUTIONS
9. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RECOMMENDATIONS
AND ANNUAL ACTION PLAN(RESOLUTION)LPUBLIC HEARING REQUIRED)
Gilbert Lopez, Community Revitalization Administrator, presented this item.
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This is a request for City Council to conduct a public hearing and adopt a resolution authorizing
submission of the FY 2011-12 Community Development Block Grant (CDBG)
recommendations and Annual Action Plan to the U.S. Department of Housing and Urban
Development (HUD).
This item addresses Council's goal of one community with strong neighborhoods, and is
consistent with the city's adopted Five-Year Consolidated Plan and the General Plan.
Since 1977, Glendale has received approximately $61 million in CDBG and other funds to assist
thousands of Glendale homeowners and individuals with services that provide safe housing and
improve their living conditions.
The Annual Action Plan is the yearly implementation tool that outlines all proposed funding for
CDBG, Home Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) program
funds. This document is required by the federal government in order to qualify and continue
receiving funding under these federal programs, and must be approved by Council on or before
May 15, 2011.
An extensive public review process for the adoption of the FY 2011-12 CDBG recommendations
and Annual Action Plan was recently concluded by the Community Development Advisory
Committee (CDAC). As a result, the CDAC is recommending $2,411,359 in CDBG grants,
$691,717 in HOME grants, and $98,278 in ESG grants. This public process resulted in the
review of 43 applications, which included formal presentations by each of the applicants. These
grants will be used to directly benefit Glendale residents.
On April 27, 2010, Council adopted the last Five-Year Consolidated Plan and FY 2010-11
Annual Action Plan. The Annual Action Plan complements the adopted FY 2010-2014 Five-
Year Consolidated Plan.
On September 21, 2010, Council provided CDAC with direction and broad guidelines to
recommend the funding of eligible programs that would keep residents in their homes; keep
neighborhoods stabilized; provide emergency home repairs; and provide general assistance with
food, shelter, and utilities.
These funds have helped the residents of Glendale with public service programs such as
homeless prevention, senior and youth programs, and services for the disabled, that provide a
compassionate hand to those in need. The funds resulted in many physical improvement projects
and continue to provide funding for a variety of projects that help revitalize the downtown
infrastructure and remove blighted, underperforming structures.
The citizen participation process, conducted to prepare the FY 2011-12 CDBG recommendations
and Annual Action Plan, included seven separate public hearings conducted by the CDAC
between September 2010 and January 2011, and a grant orientation session for all CDBG
applicants on September 15, 2010. A 30-day public comment period to review and provide
comment on the draft Annual Action Plan was held from February 18, 2011 through March 21,
2011.
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All public meetings and hearings were properly posted and advertised in The Glendale Star.
Throughout the process, citizens and stakeholders were also able to provide input and
commentary through a variety of venues including e-mail, phone, website, or in person.
The CDBG, HOME, and ESG programs are federally funded. The HOME program requires a
25% match from non-federal funds for in-house projects such as replacement housing. An
annual match allocation of$25,000 is provided through the Community Revitalization operating
budget towards the 25%match requirement for HOME projects administered by the city.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $3,226,354
Account Name, Fund,Account and Line Item Number:
Community Development Block Grant, Account No. 1320-31001-518200, $2,411,359
Home Investment Partnerships Program, Account No. 1300-30001-518200, $691,717
Emergency Shelter Grants Program, Account No. 1830-31905-518200, $98,278
Community Revitalization Program, Account No. 1000-15010-518200, $25,000
The recommendation is to conduct a public hearing, waive reading beyond the title, and adopt a
resolution authorizing the submission of the FY 2011-12 CDBG recommendations and Annual
Action Plan to the U.S. Department of Housing and Urban Development.
Councilmember Clark stated staff had done a wonderful job on this item. She knows how
difficult it was to decide where these federal dollars should go. However, they always do a great
job.
Vice Mayor Frate agreed with Councilmember Clark and added that this was money well spent.
He stated the Commission should be commended and added that the City of Glendale has always
done a great job in helping the community when they receive federal grants.
Resolution No. 4468 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 2011-12 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT; AND ACCEPTING (1) A COMMUNITY
DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $2,411,359; (2) A HOME
INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION IN THE AMOUNT OF
$691,717; AND (3) EMERGENCY SHELTER GRANTS FUNDING IN THE AMOUNT
OF$98,278.
Mayor Scruggs opened the public hearing on Agenda Item No. 9. As there were no
comments,Mayor Scruggs closed the public hearing.
It was moved by Martinez, and seconded by Frate, to pass, adopt and approve
Resolution No. 4468 New Series. The motion carried unanimously.
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REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Frate,and seconded by Knaack, to hold a City Council Workshop
at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, March 29,2011, to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. It was additionally moved
to hold a City Council Workshop at 1:30 p.m. in Room B-3 of the City Council Chambers
on Tuesday, April 5, 2011, to be followed by an Executive Session pursuant to A.R.S. 38-
431.03.The motion carried unanimously.
CITIZEN COMMENTS
Andrew Marwick, a Phoenix resident, stated the 1,300 hotel rooms Mayor Scruggs mentioned
was very small compared to Las Vegas and other large city standards. He noted that their hotels
run from 50,000 to 100,000 rooms. He noted there had been some mention back in 2010 of the
Coyotes moving back to Canada if the deal was not closed by December 31, 2010; however,they
were still involved in it. He discussed Mr. Matthew Hulsizer's $75 million pledge to limit the
City of Glendale's risks involving keeping the Coyotes in Phoenix. He was not impressed by the
gesture and believes it was not clear. He added the NHL looked very desperate in wanting to
keep the team in Glendale and in the United States. He also discussed the legal issue regarding
the parking rights.
Darcy Serlin, a Phoenix resident, stated the Coyotes do not have a substantial fan base in the area
and people do not care about the Coyotes. She explained that at their last game, the Black
Hawks had sold out tickets while the Coyotes did not. She noted 90% of the attendees were
Black Hawks fans and 10%Coyotes fans at the game. She believes that having the Coyotes stay
in Glendale will not help Westgate financially, even if they win games. She provided an
example of another team in another city that was not successful and knew when to admit defeat
and move on.
Arthur Thruston, a Cactus resident, read from a newspaper article in which Senator John McCain
supported the Coyotes deal. He stated that he supported the Coyotes because they are good for
the state; however, he believes the city made a lousy deal which would have gone through but for
the Goldwater Institute. They said the citizens of Glendale were being taken advantage of. He
believes the city did not negotiate its best deal since now Mr. Hulsizer is willing to give the city
more guarantees and discuss a better deal. He stated that in regards to the casino deal, the
Council should step back and take another look at what the people of Glendale really want. He
noted that the Council's make-up has changed and now two Councilmembers support the casino
effort.
Annette McHugh, a Cholla resident, stated she was a proud 12-year resident of the city of
Glendale. She also mentioned that Senate President Russell Pearce was not a Tea Party leader,
but a Tea Party champion of values. She explained that as far as speaking to Attorney General
Tom Home, they will be speaking to him personally about the matter of appealing the casino
decision. She expressed her outrage and shouted shame to the Councilmembers for going behind
closed doors and voting to appeal the casino's court decision without notifying the citizens of
Glendale and not allowing every Councilmember to vote on it.
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COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Frate commented on attending Luke Days this past weekend along with 200,000
other people who spent money in Glendale. He noted they celebrated the Air Force 70 years of
Thunder and being 70 years old with the Army and Navy also being represented. He stated there
had been a lot of discussion tonight and was surprised at the amount of misinformation out there.
He encouraged the public to research their facts before speaking on an item. He stated the city
didn't lose the Super Bowl because we didn't have enough hotel rooms; we lost it because
someone else built a brand new stadium. He reminded everyone to watch children around water,
especially now with the weather getting warmer.
Councilmember Knaack commented that the Council had made a very smart decision when they
annexed Luke.
Mayor Scruggs agreed with Vice Mayor Frate that there has been a tremendous amount of
misinformation brought forward tonight by some speakers. She stated that in response to Ms.
McHugh's comment, they do not vote in secret behind closed doors, but rather met in Executive
Session for legal advice which is allowed under state law. She explained that a body can meet in
Executive Session to provide direction, but are not allowed to take action. In this instance, every
Councilmember was present to provide direction on this matter. She noted that the shame
remark thrown at them was really misplaced. She questioned the hotel in Scottsdale with 5000
rooms that was also brought up by another speaker. She remarked that Glendale was not chosen
for additional Super Bowls because it was a very hot property with many bidders, not because of
hotel rooms. She noted the state of Texas has gone as far as to pass a state law to allow the state
to put bid money aside. Many states spend tremendous amounts of money in order to have the
Super Bowl in their state. She explained the state of Arizona will always be out bid since there
was not much interest in the business community to raise that kind of money as in other states.
She stated an interesting fact about the hotel issue was that the NFL asks bidders to guarantee a
specified number of rooms. She noted that at the time Glendale placed their bid for the Super
Bowl, the NFL needed between 16,000 and 17,000 rooms held for $169.00 a night. She
explained when Glendale hosted the Super Bowl, they had 1,320 rooms available. However,
other people who were not players or part of the sponsor groups ended up paying regular price
for the city's prime season starting at $799.00 a night and sometimes went up to $1,695.00 a
night and every single room was sold out. She explained that the city did make out pretty well
and that was how revenue from the Super Bowl usually works. She reiterated that if people want
a Super Bowl in their city, the region or state has to come up with a huge chunk of money. She
added that for the 2008 Super Bowl in Glendale, the Super Bowl Host Committee came up with
$17 million. However, the next time it came around, the bid was up to $22,000 million. She
expects the next Super Bowl will be held at another new stadium and given to the highest bidder.
She thanked everyone for their attendance and interest tonight.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20 p.m.
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Pamela Hanna-City Clerk
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