HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 10/11/2011 rgriv
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MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
October 11,2011
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: Joyce V. Clark, Yvonne J. Knaack, H. Philip
Lieberman and Manuel D. Martinez.
Councilmember Norma S. Alvarez was absent.
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 4 resolutions and 1 ordinance to be considered at
the meeting were available for public examination and the title posted at City Hall more than 72
hours in advance of the meeting.
APPROVAL OF THE MINUTES OF THE SEPTEMBER 27, 2011 CITY COUNCIL
MEETING
It was moved by Clark, and seconded by Frate, to dispense with the reading of the minutes
of the September 27, 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.
PROCLAMATIONS AND AWARDS
FIRE PREVENTION MONTH PROCLAMATION
This is a request for the City Council to proclaim the month of October as Fire Prevention Month
in Glendale. The Glendale Fire Department encourages citizens throughout the community to
practice fire safety.
Mr. Bruce Heatwole, Ms. Sharon Chicks and Mr. Matt Chicks, family members of Glendale's
first fire chief, the late Don Heatwole, will be present to accept the proclamation.
The National Fire Protection Agency designated September 9-15, 2011, as Fire Prevention Week
across America. This year's theme is "Protect Your Family from Fire. " The Glendale Fire
Department promotes this message throughout the year, with public education and events for all
ages focusing on fire safety at home, work, and school. Citizens are invited to contact the Fire
Department's Community Services Hotline at 623-930-4481 for more information.
The recommendation is to proclaim the month of October as Fire Prevention Month in Glendale
and present the proclamation to Mr. Bruce Heatwole, Ms. Sharon Chicks and Mr. Matt Chicks.
Mayor Scruggs called Mr. Heatwole and Ms. Chicks forward and presented the proclamation.
Mr. Heatwole thanked the Mayor and City Council for remembering his father in this
proclamation presentation. He said his father loved his family only slightly more than the love
he had for the City of Glendale and the Fire Department. He noted his father was looking down
tonight with pride. He stated he accepts this proclamation in the memory of this father's name
and once again thanked the Mayor and Council for this honor.
Mayor Scruggs noted Glendale High School was celebrating its Centennial Anniversary this
week. She stated the Heatwole Family will be recognized there also with a dedication of the
plaza as the Heatwole Plaza in honor of the family's numerous contributions to the city.
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
This is a request for City Council to accept the Certificate of Achievement for Excellence in
Financial Reporting for the city's Comprehensive Annual Financial Report (CAFR) for FY
2009-10. Ms. Diane Goke, Finance Director, will present the award.
Each year, a CAFR is prepared to provide complete, readily available information to Council,
citizens, media, other public agencies, and bond rating agencies. Preparation of a CAFR reflects
positively on local government's financial management, as it relates to providing complete
public disclosure of its fmancial condition. It provides valuable information on diverse financial
topics including ten-year trends in general government revenues and expenditures.
The Government Finance Officers Association of the United States and Canada recently awarded
the city with its Certificate of Achievement for Excellence in Financial Reporting for its CAFR
for the fiscal year ending June 30, 2010. This award is presented to the city for the twenty-third
consecutive year.
The recommendation is to accept the Certificate of Achievement for Excellence in Financial
Reporting.
Ms. Diane Goke, Finance Director, presented the award to Mayor Scruggs, who accepted on
behalf of the City Council.
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Mayor Scruggs expressed appreciation on behalf of her colleagues on the Council for how our
Finance Department and our City Management carries out our goals and our policies for sound
fiscal management. We've seen quite a turnover in the Finance Department in recent years and
thanked staff for the smooth transition. She thanked Ms. Goke and her staff for their adherence to
sound practices and policies and noted the city has received this award for 23 straight years. She
didn't know if that was the record in the United States or not but thought it must be close to it.
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 3 and Ms. Pamela Hanna,
City Clerk, read consent agenda resolution item numbers 4 through 6 by number and title.
1. SPECIAL EVENT LIQUOR LICENSE, KNIGHTS OF COLUMBUS, ST. HELEN'S
COUNCIL 11738
This is a request for City Council to approve a special event liquor license for Knights of
Columbus, St. Helen's Council 11738. The event will be held at St. Helen's Social Center
located at 5510 West Cholla Street on Saturday, October 22, 2011, from 6 p.m. to 11 p.m. The
purpose of this special event liquor license is for a fundraiser.
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.
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. LIQUOR LICENSE NO. 5-2454, OLDE TOWNE GLENDALE WINE &BEER BAR
This is a request for City Council to approve a person-to-person, location-to-location transferable
series 7 (Bar - Beer and Wine) license for Olde Towne Glendale Wine & Beer Bar located at
5745 West Glendale Avenue, (Gaslight Inn). The Arizona Department of Liquor Licenses and
Control application (No. 07070748) was submitted by Oneida Leticia Yanes.
The location of the establishment is 5745 West Glendale Avenue in the Ocotillo District. The
property is zoned PR (Pedestrian Retail). The population density within a one-mile radius is
19,376. This series 7 is a person and location transferable license, therefore, the approval of this
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license will increase the number of liquor licenses in the area by one. The current number of
liquor licenses within a one-mile radius is as listed below.
Series Type Quantity
06 Bar - All Liquor 2
07 Bar -Beer and Wine 1
09 Liquor Store-All Liquor 3
10 Liquor Store-Beer and Wine 11
12 Restaurant 13
14 Private Club 3
Total 33
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
3. LIQUOR LICENSE NO. 5-2477, FORWARD BRANDS
This is a request for City Council to approve a new, non-transferable series 1 (In-State Producer)
license for Forward Brands located at the Sugar Beet Factory, 5202 West Lamar Road. The
Arizona Department of Liquor Licenses and Control application (No. 01073058) was submitted
by Lauren Hilson Klemp.
The location of the establishment is 5202 West Lamar Road in the Ocotillo District. The
property is zoned M-1 (Light Industrial HP). The population density within a one-mile radius is
20,379. This series 1 is a new license, therefore, the approval of this license will increase the
number of liquor licenses in the area by one. The current number of liquor licenses within a one-
mile radius is as listed below.
Series Type Quantity
06 Bar-All Liquor 1
07 Bar-Beer and Wine 1
09 Liquor Store- All Liquor 1
10 Liquor Store-Beer and Wine 10
12 Restaurant 12
14 Private Club 2
Total 27
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
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No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
CONSENT RESOLUTIONS
4. SALT RIVER PROJECT LICENSE
This is a request for City Council to adopt a resolution authorizing the City Manager to execute a
license with Salt River Project (SRP) for the maintenance of landscaping over an underground
irrigation channel within the Desert Mirage Golf Course property.
One of Council's goals is one community with high-quality services for citizens. This license
will allow the city to continue the use of the golf course over SRP's underground irrigation
channel, which serves the citizens of Glendale.
The license allows the city to utilize the SRP owned property for landscape and maintenance
within the Desert Mirage Golf Course, located at 8710 West Maryland Avenue. If approved, the
license will run through March 31, 2016, renewable for one additional five-year term.
On September 25, 2001, Council approved a license with SRP for a five-year term, renewable
one time for an additional five years.
The Desert Mirage Golf Course provides a recreational opportunity to the surrounding
neighborhood. SRP's irrigation system, which runs through the golf course property, feeds a
water delivery network south of the golf course.
The recommendation is to waive reading beyond title and adopt a resolution authorizing the City
Manager to execute a license with Salt River Project for the maintenance of landscaping over an
underground irrigation channel within the Desert Mirage Golf Course property; and further
authorizing the City Manager to renew the License at his discretion all in accordance with the
terms of the License.
Resolution No. 4516 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 SALT
RIVER PROJECT LICENSE FOR THE MAINTENANCE OF LANDSCAPING WITHIN
THE DESERT MIRAGE GOLF COURSE.
5. ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANT FOR DUI
ENFORCEMENT
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This is a request for City Council to adopt a resolution authorizing the City Manager to accept
and administer the 2012 Arizona Governor's Office of Highway Safety (GOHS) DUI
Enforcement grant award in the amount of$30,000.
This request supports Council's goal of one community committed to public safety by providing
the Police Department a means to focus on DUI enforcement and education.
This grant award will assist the Police Department by providing overtime funding for personnel
during the holiday DUI Task Force, and continued DUI operations through September 2012.
This will allow the department to increase the number of hour's officers dedicate specifically to
DUI enforcement and education, which promotes awareness and seeks to reduce impaired
driving.
Council has approved the acceptance of grant funding from GOHS for DUI Enforcement on
October 26, 2010, March 9, 2010,November 24, 2009 and December 23, 2008.
This grant award will benefit the citizens of Glendale by allowing the Police Department to use
more resources and extend hours enforcing DUI laws.
The grant award totals $30,000. There is no financial match required for this grant.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $30,000
Account Name, Fund,Account and Line Item Number:
A specific account will be established in Fund 1840, the city's grant fund, once the grant
agreement is formally executed.
The recommendation is to waive reading beyond title and adopt a resolution authorizing the City
Manager to accept and administer the 2012 Governor's Office of Highway Safety DUI
Enforcement grant award in the amount of$30,000.
Resolution No. 4517 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING THE ENTERING INTO OF A HIGHWAY
SAFETY CONTRACT WITH THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY
FOR THE DUI ENFORCEMENT AND EDUCATION PROJECT BY THE GLENDALE
POLICE DEPARTMENT.
6. ARIZONA COMMISSION ON THE ARTS GRANT
This is a request for City Council to adopt a resolution authorizing acceptance of the FY 2011-12
grant from the Arizona Commission on the Arts (ACA) in the amount of$4,920 to support the
Public Art Program.
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This request supports Council's goal of one community with high-quality services for citizens
through continual support of the city's Public Art Program.
Since the late 1970's, the city has participated in a variety of state arts programs including
studies, consultant assistance, staff training and grants. In 1983, the city established an
ordinance to create a seven member Glendale Arts Commission. Since then, the efforts of the
city have resulted in the acquisition and installation of new art purchases, support of the
performing arts, and creation of community art events and educational activities.
The ACA offers technical assistance and funding to support the administration and programs of
local arts agencies throughout the state. This grant will provide the city's Public Art Program
with additional funds to continue with the promotion of the arts, and support arts programming,
such as the Summer Art Camp.
Through arts events and educational activities, we can celebrate and showcase Glendale's rich
cultural traditions and history, inspire creativity, increase the city's economy and enhance quality
of life for all citizens.
The grant award totals $4,920. There is no financial match required.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $4,920
Account Name, Fund,Account and Line Item Number:
A specific project account will be established in Fund 1840, the city's grant fund, once the grant
agreement is formally executed.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
acceptance of the FY 2011-12 grant from the Arizona Commission on the Arts in the amount of
$4,920 to support the Public Art Program.
Resolution No. 4518 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 GRANT OFFER FROM THE ARIZONA
COMMISSION ON THE ARTS IN THE AMOUNT OF $4,920 TO SUPPORT THE
PUBLIC ART PROGRAM.
It was moved by Frate and seconded by Knaack, to approve the recommended actions on
Consent Agenda Item Nos. 1 through 6, including the approval and adoption of Resolution
No. 4516 New Series,Resolution No. 4517 New Series, and Resolution No. 4518 New Series;
and to forward Special Event Liquor License Application for Knights of Columbus, St.
Helen's Council 11738 and Liquor License Application No. 5-2454 for Olde Towne
Glendale Wine & Beer Bar and No. 5-2477 for Forward Brands to the State of Arizona
Department of Liquor Licenses and Control, with the recommendation for approval. The
motion carried unanimously.
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ORDINANCES
7. GLENDALE CITY CODE CHAPTER 33 REVISION
Craig Johnson, P.E., Executive Director, Water Services, presented this item.
This is a request for City Council to adopt an ordinance amending Glendale City Code Chapter
33 by adding an article relating to Storm Water Pollution Control.
This request supports Council's goal of one community with high-quality services for citizens by
better defining the requirements and regulations of managing the city's storm drain system.
Currently, City Code Chapter 33 addresses all Water Services functions. Federal and state
environmental laws require cities have a storm water permit and comply with the requirements
contained in the permit. On August 27, 2010, a new storm water permit was obtained by
Glendale from the Arizona Department of Environmental Quality. This new permit replaced a
previous permit that was in place since 1999, and requires the city to develop and implement a
comprehensive storm water program to protect the quality of storm water entering the city's
storm water drainage system.
In addition, the permit requires the city to establish a storm water ordinance by November 23,
2011. The requirements are established to improve the quality of storm water discharges and
assure compliance with all federal and state laws. By adding the new article, Article VI,
Glendale City Code Chapter 33 is expanded and strengthened, and aligned with current water
industry standards, regulatory requirements, and city business practices.
The quality of storm water being discharged from the city's storm water drainage system is
important in protecting public health and the environment. The new storm water ordinance will
set requirements to help maintain the quality of storm water runoff in the city and ensure
continued compliance with state and federal regulations.
The recommendation is to waive reading beyond the title and adopt an ordinance amending the
Glendale City Code Chapter 33 by adding an article relating to Storm Water Pollution Control.
Ordinance No. 2785 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE, CHAPTER 33 (WATER,
SEWERS AND SEWAGE DISPOSAL) BY ADDING AN ARTICLE VI RELATING TO
STORM WATER POLLUTION CONTROL; AND ESTABLISHING AN EFFECTIVE
DATE.
It was moved by Martinez, and seconded by Knaack, to approve Ordinance No. 2785 New
Series. Motion carried on a roll call vote,with the following Councilmembers voting "aye":
Clark,Lieberman, Knaack,Martinez, Frate, and Scruggs. Members voting "nay": none.
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RESOLUTIONS
8. INTERGOVERNMENTAL AGREEMENT WITH THE PEORIA UNIFIED SCHOOL
DISTRICT
Erik Strunk, Executive Director, Parks, Recreation and Library Services, presented this item.
This is a request for the City Council to adopt a resolution authorizing the City Manager to enter
into an intergovernmental agreement (IGA) with the Peoria Unified School District (PUSD) for
city use of the Cactus and Ironwood High Schools swimming pool facilities.
This agreement furthers Council's goal of one community with high-quality services for citizens
by strengthening community relationships through partnerships and shared public amenities
provided for local recreation opportunities.
The agreement allows the city to utilize the swimming pool facilities at Cactus High School,
located at 15500 N. 63`d Avenue, and Ironwood High School, located 12630 N. 61st Avenue, for
summer aquatic recreational programs. Specifically, PUSD will have scheduling priority
between the first day of fall classes to the last day of spring term classes, while the city will have
priority all other days.
During each party's respective period of scheduling priority, that party will have the
responsibility for the supervision of the entire facility including custodial care, inspections, and
regular cleaning of the facilities. The city will be responsible for all necessary maintenance of
the pool, and PUSD will pay for one-half of the annual maintenance costs, in addition to all
annual electrical and natural gas costs. The city will be financially responsible for all annual
water and sewer costs. This agreement is for a five-year term. After the initial term, the
agreement may be renewed by the parties for additional five-year terms subject to annual
appropriation to fund the agreement.
Council previously adopted and approved a similar IGA with the PUSD in January 2002.
This agreement fulfills a need to provide additional aquatic programming opportunities to the
community such as group rentals, swim and dive meets, pool parties, as well as water exercise
classes, and private swim lessons. During the summer of 2011, Glendale aquatics staff
administered 216 private lessons; 12,312 group swim lessons, and 767 water aerobic classes at
these two pools.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into an intergovernmental agreement with the Peoria Unified School
District for city use of the Cactus and Ironwood High Schools swimming pool facilities.
Councilmember Clark asked if this agreement was for a five-year term and if after the initial
term, the agreement may be renewed for additional five-year terms subject to agreement. Mr.
Erik Strunk, Executive Director, Parks, Recreation and Library Services, replied she was correct.
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Mayor Scruggs said she wanted to ask a couple of questions regarding this item. We had a very
tragic situation in Ironwood Pool earlier this year and there were some questions regarding
responsibility. If she was reading this correctly, whoever is in charge of the pool at the time it is
in use, is the responsible party if any problems arise. But the City of Glendale has so many
authorities, for example, all hiring and firing of pool personnel and all making sure chemicals
balance in the pool, all of that is done by the City of Glendale. There are so many very serious
responsibilities that Glendale has, she was having a hard time understanding how we avoid being
the primary responsible party in all instances because we have taken on to ourselves so much
responsibility for operating the pool.
Mr. Strunk stated that part of her concerns may be a legal question. However, to answer in
general, the city had a little over 77,000 participants in the summer aquatics program this past
summer with very minor incidents, with nothing that could place the city at risk. He attributes
that fact to staff's excellent protocol. He stated the Peoria School District was responsible for
the balance of the year. Glendale maintains the pools, however, the actual operation and
supervision, the lifeguards, the structure that they use those pools for, was entirely up to the
school district during the off time when the city does not use it.
Mayor Scruggs said the agreement states that the City of Glendale was responsible for the hiring
and firing of all personnel. Does that include the lifeguards?
Mr. Strunk explained that was correct, during the time the city has use of the pools. He added
that most of their lifeguards were temporary and only there for the summer. After the summer, it
was up to the school district to make sure those facilities is secure.
Mayor Scruggs said the way she was reading this agreement, regardless of who is using the pool,
whether it's the school district's time to use it or whether it's the city's time to use it, the city has
all the responsibility for scheduling it, for hiring and firing employees, for setting the salaries,
and for maintaining the water quality. Was she reading this incorrectly?
Mr. Strunk explained that under the terms of this agreement, the city was responsible for the
annual maintenance of the two facilities. For example, the chemicals, making sure the pumps
work, the city is responsible for that. He noted that actual culpability, the actual legal liability,
was something that should be left to the City Attorney and Risk Manager.
Mayor Scruggs responded that this did not answer her question and that she needed further
clarification. Year round, was the City of Glendale responsible for all the hiring and firing of
anybody that had anything to do with the summing pool regardless of whose turn it was to use it?
The way she read the agreement, the city did have responsibility. She'd like clarification on that
and she'd like clarification whether year round, the City of Glendale was responsible for all the
pool chemistry and making reservations for use seven days ahead to make sure the chemicals are
right. She asked Mr.Tindall to help her understand this better?
Mr. Craig Tindall stated they could certainly look at the agreement more closely to make sure the
language matches the intentions of the parties. He noted even with the unfortunate incident that
happened at Ironwood, there had been no question between the parties as to who was liable. He
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restated the city had the year-round responsibly for the maintenance of the pool and the hiring
and firing of personnel during the time when the city was using it.
Mayor Scruggs asked why the decision was made that the city's Parks and Recreation
Department would be responsible for the pool chemistry and maintenance year round? Even
when the school district is using the pool?
Mr. Strunk explained that agreement was something requested by the school district and the city
has honored it from the time of the previous Intergovernmental Agreement (IGA). As a result, it
was a continuation of the previous IGA.
Mayor Scruggs said so, if the pool chemistry was not the way it should be and students became
ill, it's the school's time to use the pool, but the problems come about because of the chemistry
not being appropriate, which is our responsibility, what happens in that instance then?
Mr. Strunk explained the city would follow protocol.
Mayor Scruggs said no, that's not what she was asking. She was asking, what happens when the
parents of the students who become ill file a claim? And this agreement says, "that in the event
of any third party claim or legal action against both either school district or city, the parties agree
the entity operating the pool at the time of the event shall be primary in regard to payment of any
loss and any associate claim and defense cost". So, the school has the primary usages, but the
problem came because of the City of Glendale's ongoing responsibility. So, what happens in
that instance?
Mr. Tindall explained that if it was proven that an injury was suffered because of the city's
responsibility, then the city would have responsibility for that. However, if the incident occurred
while the school district was using the pool, the school district's insurance would be used for the
claim.
Mayor Scruggs said she was not comfortable with this. She would like to see a complete
separation. It's either the school's time to use the pool, take care of the pool, hire the people to
do everything or it's the city's time. And this blending of responsibilities has her uncomfortable
but she thanked staff for answering her questions.
Vice Mayor Frate asked if historically, it had been the City of Glendale's responsibility to always
maintain the chemicals of the pool. Mr. Strunk stated he was correct. This has been the
agreement for many years. Vice Mayor Frate explained he would rather see the city maintain the
chemicals in the pools since they have the experts. He remembers many years ago, when he was
on the Parks and Recreation Commission, this issue coming up and why the city has the experts
to do this professionally rather than having someone from the school district come in and
improperly put in chemicals.
Councilmember Clark asked to comment on the cost for the city to operate and maintain these
two pools. She thanked Mr. Strunk for his quick and thorough responses to her questions. She
had asked the cost for security, custodial care, inspections and regular cleaning of each pool.
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The figure provided for the maintenance was $3,000 for both pools. The figure for providing
lifeguards and managers was approximately $5,600 for both pools. She added the city only pays
for half the maintenance that included chemicals and staffing for both pools, which was $9,300
per year. The cost of chemicals per year for both pools was $3,000 per year. She remarked that
after adding these figures up, she came up with a total of $81,300 per term to operate and
maintain both pools during the period that the city uses it during the summer, even though some
of the city's responsibilities were year round.
Resolution No. 4519 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
AN INTERGOVERNMENTAL AGREEMENT FOR JOINT USE AQUATIC
FACILITIES WITH THE PEORIA UNIFIED SCHOOL DISTRICT FOR EXISTING
POOL FACILITIES LOCATED AT IRONWOOD HIGH SCHOOL AND CACTUS
HIGH SCHOOL.
Mayor Scruggs asked for any comments.
Councilmember Clark stated she will not be voting for this intergovernmental agreement. She
explained it was a matter of principal that has her voting in this matter. She explained that north
of 61st Avenue there were two pools that service the community, as well as Foothills Aquatic
Center. She noted that if you lived east of 59th Avenue and south of Glendale, you had access to
the Rose Lane Pool and if you lived west of 59th Avenue and south of Glendale Avenue, you had
access to nothing. She noted that for most people who live around 83`d Avenue, they would have
a distance of four or five miles to drive to get to the nearest community facility. She stated that
did a disservice to the 47,000 residents of the Yucca district who live west of 59th and south of
Glendale Avenue. She did not want to have to bring up the issue of parity, however, this goes
right to that issue. She remarked on the cost to the city of$81,300 over a five year period for
these two pools, yet there were parts of the city that had no convenient and easy access to
community pool facilities. Therefore, until this issue was addressed, she will not support this or
any other agreement that does not create a more equitable situation for all the residents of
Glendale.
Mayor Scruggs said she was going to go back to what the issue was here and that was how these
two pools are used or managed - the authority and so forth. She did support keeping the joint
usage of the pool at Cactus High School and the pool at Ironwood High School. This was
decided many, many years ago and she thought it was appropriate. She was not comfortable with
the IGA. After what we went through with the Ironwood pool incident, she was looking for a
complete division of responsibilities. If it's the school's time, the time that the two schools have
to use the pools, she believed they should have total and complete responsibility.
Mayor Scruggs said in response to Vice Mayor's concern regarding the school's staff not
knowing how to put the right pool chemicals in, that's why you hire pool companies to take care
of the chemicals. Also, she didn't think that the city had any job description that said "pool
chemical specialist". Maybe the answer was to have a professional pool maintenance company
that everybody had to use year round, the same one. Because she thought the Vice Mayor made
a good point that we don't want to take over the pools when it's our turn and then find out that
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they hasn't been properly maintained. She wasn't comfortable with the City of Glendale having
responsibilities for the pool during the time that the schools are the users of the pools.
Councilmember Martinez asked if this was the same agreement as the last time it was brought
forward. Mr. Strunk stated everything was very much the same; however, there was a slight
change in that the district will pay for all the electric and gas, which was much to the city's
advantage. He added the city was paying for water and sewer which comes to $10,000 for both
pools. He noted the cost for electric and gas came to upwards of$30,000 for both pools over the
course of the year. Councilmember Martinez asked if this issue, for the two parties to only be
responsible for the time in which they used the pools, had ever been discussed. Mr. Strunk
reiterated his previous comments in regards to liability. Mr. Tindall explained the city would be
liable for responsibilities that the city was undertaking under the agreement. The second part is
the insurance and the agreement between the two parties in regards to payment and liability. He
believes if the city has the responsibility to maintain the pool, the city has the responsibility to
maintain the pool year round. Councilmember Martinez asked if staff was comfortable with this
agreement. Mr. Tindall noted that risk management reviewed the agreement and underwrites
that liability as sufficient to cover the city in insurance issues.
Councilmember Knaack asked if they had ever had an incident as a result of the city's
application of the chemicals. Mr. Strunk noted that to his knowledge, there has never been a
claim made against the city. However, the city does receive complaints, questions and calls on a
number of issues that are all followed up and addressed. Councilmember Knaack stated she was
comfortable with the city doing the chemicals year round since they have been doing it for a
couple of decades. In addition, she has no problem with the division of responsibility when each
party has the use of the pools. She trusts staff to do the great job they have always done. In
regards to Councilmember Clark's concern about parity, she agrees that they all want parity;
however, she was not willing to penalize the many who receive swim lessons simply because of
the location of these pools.
Mayor Scruggs said Mr. Strunk answered Councilmember Knaack that when it's the school's
time to use it, the school was responsible for all the personnel that operate it and so forth. She
said under "covenants", it states "The city shall have complete control over the aquatic facilities
subject only to those rights and privileges reserved by the school district set forth in this
agreement. The powers of the city with respect to the pool operation shall include but are not
limited to the following: scheduling pool usage, hiring and firing employees needed to operate or
maintain the facilities, setting salaries of said employees and payment of those salaries." So, she
thought this meant that during the school year and the schools time to use it, that the City of
Glendale still was the one that's responsible for the maintenance, personnel and so forth.
Mr. Strunk explained the way he understood the agreement was that the district allows the city to
use the facilities through this agreement for the eight or nine weeks during the summer. He
indicated that was what it was referring to in the agreement.
Mayor Scruggs asked then, why does the school district, when it's their turn to use it, have to call
Parks and Recreation a minimum of seven days in advance to allow for proper planning of pool
chemistry and maintenance? That again was, we're the ones that are maintaining the pool, who
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owns these pools?Mr. Strunk replied Peoria Unified School District. Mayor Scruggs said so;the
schools own these pools and they allow the city to use them so that we can give the swim lessons
correct. If we never enter into this IGA, what happens to those two pools? Mr. Strunk stated the
city would have two less pools in which to offer summer aquatics programs.
Mayor Scruggs said she wished there was more time to understand this; she didn't want to get
into the schools business when they're using the pool, which is most of the time. What do we
have it, eight weeks out of the year? But we are responsible for the chemicals and the
maintenance all year long. And that has been a good model in the past, but we're in a more
litigant society now then we were in years past. Mayor Scruggs said she very honestly was torn
between approving something that she was very uncomfortable with and risking the ability of
Glendale children to have swimming lessons.
Councilmember Clark remarked on the amount of Glendale residents that currently use the pool
facilities as opposed to the much larger number of 47,000, which have no easy access to any pool
facility. She did not equate the numbers provided with the number of individuals actually using
the pool facilities. However, whatever the number was, it was less than the 47,000 people who
did not have easy access to these pools.
Mayor Scruggs responded well, with all due respect, you don't know that the 47,000 people want
to all go swimming. The 12,312 group lessons and all the other numbers encompass a much
bigger population than just these people, we don't know how many. So, because the O'Neil Pool
was not repairable then we should cut off other people.
Councilmember Clark remarked it was her personal decision to vote "no" on this agreement,
when she believes there was a disparity that exists in Glendale when 47,000 people do not have
easy access to those very same amenities. She reiterated this was a personal and philosophical
decision on her part.
Mayor Scruggs said she thought, putting residents at risk because a pool reached the end of its
useful life and cannot be repaired, so therefore, we are going to cut off access for other people to
use swimming lessons, was just too much of a risk at this point, to our residents. She noted we
don't have an Equestrian Park north of Glendale Avenue. We don't have restrooms at parks like
they have at the Western Area Regional Park, but we don't say close the restrooms and close the
Equestrian Facility. So, Mr. Tindall, from the city attorney's prospective, are you comfortable
with the way this is worded including the responsibilities and the legal aspects of this
Intergovernmental Agreement?
Mr. Tindall responded yes.
Councilmember Lieberman agreed with the agreement and hopes that many residents continue to
use both pools. He added it was all about providing service to Glendale's residents and this
agreement had worked for everyone for many years. He will vote to support this item.
It was moved by Frate, and seconded by Martinez, to pass, adopt and approve Resolution
No. 4519 New Series. The motion carried with Clark voting nay.
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MOTION TO EXCUSE COUNCILMEMBER ALVAREZ
It was moved by Frate, and seconded by Clark, to excuse Councilmember Alvarez from
tonight's Council meeting. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Frate, and seconded by Knaack, to hold a City Council Workshop at 1:30
p.m. in Room B-3 of the City Council Chambers on Tuesday, October 18, 2011, to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried
unanimously.
CITIZEN COMMENTS
Rick Harper, a Barrel resident, explained that his views expressed tonight were his and no one
else's. He stated that with the announcement of the 2015 Super Bowl coming to Glendale, he
asks Council to stop wasting Glendale tax payer money and quit fighting the construction of the
West Valley Resort. He noted it was time to realize that this resort can create great economic
growth for the whole west valley. The Tohono O'odham Nation has done everything within the
guidelines that the federal government has set forth in changing a law previously passed by the
Congress and signed by President Reagan. He stated it was time to bring something to the city
that tourists can spend their money on and contribute to Glendale's economy. He cited a
telephone poll recognizing that 75%agreed with the casino being built in Glendale.
COUNCIL COMMENTS AND SUGGESTIONS
Vice Mayor Frate stated he was happy to announce that Alaska USA Federal Credit Union had
purchased space at Talavi Business Park. They purchased a 26,000 square foot building that will
be used as a data back-up center. He said this was very good news for investment in Glendale.
He reminded everyone that October was the month dedicated to the awareness of Domestic
Violence and Fire Prevention. He commented on the great job done by the Fire Department and
the many volunteers who put on the largest 29th Annual Fire and Safety Parade in Arizona. He
stated it had been a great time for all who attended. He was also very proud that Glendale,
Arizona was chosen for Super Bowl 49 in 2015. He remarked this meant they could once again
showcase their city. He reminded everyone to watch children around water.
Councilmember Martinez invited everyone to his Cholla District meeting, October 20`h at the
Foothills Recreations and Aquatic Center starting at 6:30pm. He congratulated a member of Boy
Scout Troup 46, who had attended the last City Council meeting, on obtaining his Eagle Scout
badge.
Councilmember Knaack commented on the wonderful Fire Parade that the Fire Department put
on Saturday. She stated it was a lot of hard work to put on a parade of this magnitude. She
wanted to thank everyone involved for a job well done. She commented on the Police Award
Ceremony held in chambers last Thursday night and all the wonderful stories about the heroes
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that protect the city and its residents every day. She congratulated Officer Brian Ong, who was
named Officer of the Year.
Verbatim Transcript of Mayor Elaine Scruggs remarks under"Council Comments and
Suggestions".
"You know, I think- it's a short meeting, so I think I'm going to use a little bit of time to address
some of the issues that were brought up tonight...that really are...we don't have a chance to say
some time, a lot of time. First of all, the West Valley Resort is just not happening. In fact, I think
you were at the press conference of the Tohono O'odham Tribe held January or February; they
announced they were not going to build the hotel. They are not going to build the conference
center; they're not going to build anything...that's later phases-time undetermined. The only
thing they're going to build is a casino. So there is no resort, so there are no six thousand
construction jobs or anything like that. So the West Valley Resort is not happening. Now you
are not going to read it in the newspaper because they have their own reasons why I guess, I
don't know, but it's not happening. So that's number one. The casino may or may not be
happening. The Arizona Attorney General is the one who has quite a bit to say about that. The
Arizona Attorney General has filed a lawsuit saying that the casino is in violation of the State
Gaming Compact. The City of Glendale is not a party to that lawsuit. Is that correct Mr.
Tindall? I like to state that about 17 times. The City of Glendale is not a party to the lawsuit
filed to stop the casino from being built. That is the state. The top law enforcement officer for
the state of Arizona has said it's illegal. So you need to kind of keep things in their right
channel. Ah, Congressman Franks has filed a piece of legislation, which again, has nothing to do
with the City of Glendale. He did not come and ask us, do you want me to do this? This is
something he is doing on his own with tremendous support from a lot of members of Congress
because they find that what the Tohono O'dham's are doing is in direct violation of the Indian
Gaming Regulatory Act; again, another totally separate action. What the City of Glendale does
care desperately about is the fact that the Tohono O'odham Nation has purchased one hundred
thirty four acres of land in the heart of the City of Glendale that our voters, voted, approved a
general plan for, in the year 2002. And, they approved a general plan to use that land primarily
for office employment uses — I believe its 70% for employment uses, is it 15%, I think, for
residential and the other 15% for other commercial. And that's what our voters said that they
wanted done. Now, there are ways to calculate the financial output of certain uses so that
hundred and thirty four acres of land would generate for the residents of Glendale, to pay for
swimming pools and all sorts of other services, $5.5 million dollars per year. $10 million in a
onetime cost and $5.5 million dollars per year, that would also generate significant revenues for
the state of Arizona which has very serious problems right now- such as education and so forth.
And it would also generate taxes to pay for our transportation system — through the Maricopa
County Regional Tax. The Tohono O'odham Nation says they want to construct basically the
same types of things we've talked about: office uses, hotels, residential and so forth. They don't
need to turn that land into an Indian Reservation, which is a sovereign nation, in order to do that.
If the casino is found to be legal, which is none of our decision here; it would probably need no
more than ten acres, on the generous side. So that leaves one hundred and twenty four acres that
they could be building on right now and bringing these jobs, and bringing this money, but they
won't do it unless it's turned into a sovereign nation, an Indian Reservation, a sovereign nation
which then will be exempt from all laws of the City of Glendale, the State of Arizona and the
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United States. They can basically do what they want. I'll give you an example; when one of the
west valley Mayors heard about this, he said, "Well in other words, they could go drill wells
there and draw down the aquifer." Yeah, they could. We couldn't, as cities, because we are
bound by Arizona Department Water Resources laws. They also would pay, no, they would
collect taxes, but it would all go to their tribe in Sells Arizona. They would not contribute at all
to the economy of the City of Glendale, Maricopa County, and State of Arizona. You say, "Well
you're greedy". No, that's how everybody's services get paid for. As areas develop, you count
on those areas to contribute to the cost of maintaining the infrastructure and the services in those
areas. So, what I'd like to say is, there is no West Valley Resort. I'd loved to see them build one,
love to see them develop the rest of the land they don't need for a casino. Do it as everybody
else has done it...pay your fair share, pay for the infrastructure, collect the taxes, and contribute
to the City of Glendale. And in response to many, many people talking about all the legal
expenses we have incurred; I believe in this entire situation, of close to three years, the legal
expenses have been somewhere around $2.5 million dollars to protect what should return $5.5
million dollars a year to the City of Glendale. So, I'm happy to have the opportunity to say some
things I seldom get to say. Meeting is adjourned. "
ADJOURNMENT
There being no further business, the p-eting as adjourned at 8:11 p.m.
Pamela Hanna- City Clerk
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