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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 1/20/2015 City of Glendale 5850 West Glendale Avenue Glendale, AZ 85301 '17 PI GLE �' �.... Meeting Minutes - Final Tuesday, January 20, 2015 1:00 PM Special Voting Meeting Council Chambers City Council Mayor Jerry Weiers Vice Mayor Ian Hugh Councilmember Jamie Aldama Councilmember Samuel Chavira Councilmember Gary Sherwood Councilmember Lauren Tolmachoff Councilmember Bart Turner City Council Meeting Minutes-Final January 20,2015 CALL TO ORDER Present: 7- Mayor Jerry Weiers, Vice Mayor Ian Hugh, Councilmember Jamie Aldama, Councilmember Samuel Chavira, Councilmember Gary Sherwood, Councilmember Lauren Tolmachoff, and Councilmember Bart Turner Also present were Brenda Fischer, City Manager;Julie Frisoni, Assistant City Manager; Jennifer Campbell, Assistant City Manager;Michael Bailey, City Attorney;Pamela Hanna, City Clerk;and Darcie McCracken, Deputy City Clerk. PLEDGE OF ALLEGIANCE PRAYER/INVOCATION There was no invocation offered. NEW BUSINESS 1. 15-088 DISCUSS, CONSIDER AND POSSIBLY TAKE ACTION REGARDING THE CREATION OF AN INDIAN RESERVATION BY THE TOHONO O'ODHAM NATION Staff Contact: Michael D. Bailey, City Attorney A motion was made by Councilmember Sherwood,seconded by Councilmember Chavira,that the resolution be approved. [Additional motions took place before the vote on this motion took place.] The motion carried by the following vote: Aye: 6- Vice Mayor Hugh, Councilmember Aldama, Councilmember Chavira, Councilmember Sherwood, Councilmember Tolmachoff, and Councilmember Turner Nay: 1 - Mayor Weiers Mr. Bailey provided an update on the creation of an Indian reservation by the Tohono O'odham(TO). He said the settlement agreement provides that in the event the nation requests the city send a copy of the previously approved resolution to individuals, the city is contractually obligated to do so. The city did receive a request to send a notice to the Arizona Federal Delegation, Governor Ducey, the Arizona Attorney General and members of the Natural Resources Committee. The letter was sent by the city and included language that Resolution 4840, New Series was still in effect. Mr. Bailey said he has been notified that action has been taken at the federal level and this is why this item is before Council today. Randy Miller, a Barrel resident, said he can't believe the Council is once again revisiting this same item. He said if the Council can revisit this issue over and over again, he said maybe he could get Council to revisit the issue of the billboards. He asked Council to stop and think about this. He said the citizens of Glendale have never had a chance to City of Glendale Page 1 Printed on 2/11/2015 City Council Meeting Minutes-Final January 20,2015 voice their opinion on this issue. Mary O'Grady, a Phoenix resident, said she is a lawyer who represents the referendum committee No More Bad Deals for Glendale and Respect the Promise which is in litigation. She wanted to make sure that no action was taken today that had any impact on the referendums that are in litigation. She also wanted to make sure there was no recommendation from staff that the attachments to the referendum be modified in any way. She said if there is further action, there is a harm that could be done to a matter that is in litigation now and that is subject on an ongoing referendum. She also said this is as much about a political message being sent to Washington, but she said there is no need for action on the settlement agreement or resolution as it has not been modified. Councilmember Sherwood said this item gives the Council a chance to restate the position previously made by Resolution 4840, New Series and members have asked for this chance. He said these will be on a fast pace. He said he would like to update the resolution and add to not perform in accordance with the settlement agreement, would cost the city money. He said there have been developers have been interested in the property around the casino and it is only because the casino is going to be built. He said jobs are at risk. He went over several other reasons for support of this item and the casino project. Councilmember Sherwood provided a copy of a proposed resolution to each Councilmember. Councilmember Sherwood made a motion to adopt this new Resolution. Councilmember Sherwood noted the City Clerk would have to read it in its entirety in order for it to be valid on today's date. Councilmember Sherwood pointed out the difference that the newly introduced Resolution mentions the new bills recently introduced, new jobs, first time legal claims by the TO. He said they were not changing anything that exists today. He said they keep revisiting this topic because new legislation keeps getting introduced. He said they needed a statement from the city that clearly articulates where the city stands on this new legislation. Councilmember Chavira seconded the motion. Mayor Weiers said he is unhappy he is just receiving the resolution and it does not allow the citizens to have a voice in this matter. He spoke about Mr. McCain's position on this issue and it never was his intention for this to become an issue and that was why he was opposed to it. Mayor Weiers said it is unnecessary and a waste of staff's time. Councilmember Tolmachoff said the casino was an issue during the election and the voters did have a voice and they elected candidates that supported the project. Councilmember Aldama asked if it was appropriate for the speakers to come back up and have another opportunity to speak. Mayor Weiers said they have not seen this language and asked if Councilmember Aldama wanted to recess and give the citizens a chance to read the resolution. Councilmember Aldama said he wasn't sure if it was appropriate, but said he had no problem with giving them another opportunity to come up and speak. Mayor Weiers said without them reading the language, he didn't know if it would give them a chance to comment. He said he would leave it up to the citizens. Councilmember Sherwood said they are not doing anything different and it is not much City of Glendale Page 2 Printed on 2/11/2015 City Council Meeting Minutes-Final January 20,2015 different than what they voted on in August. He said it is just a current view of how things stand on this issue. He said at the time they did not have the new legislation, and although the vote was very close last time, he felt it would be a stronger vote today. He said the Council has changed their support for this project over the last 6 months and it gives the new Council a chance to weigh in, and give another tool for the delegation that is out there tomorrow. Councilmember Chavira said they are not doing anything here today and just giving this reaffirmation. He said the project is already on its way. He said this was initiated by the new legislation to oppose this. He said they are reaffirming and they are a reflection of the people that elected them. Vice Mayor Hugh asked if the attorney an interpretation and explain what the difference was in the two resolutions. Mr. Bailey said they noticed this for an executive session or it can be discussed in the public. Mayor Weiers said he would prefer Mr. Bailey just spoke. Mr. Bailey said they are looking at a similar statement that was previously made, recognizing the three new members on the Council. There are differences that may exist as a result of time passing and recognizing the new proposed legislation. He said they are taking a position with regard to legislation that they have no control over, but can provide an opinion on. Mayor Weiers asked Mr. Bailey how the litigation referenced by one of the citizen speakers affects the city. Mr. Bailey said he does not believe this will have an impact on the litigation and the litigation will move forward. He said it might create additional questions that might be addressed in the litigation, but they are already in litigation. Councilmember Aldama followed up on Councilmember Hugh's question and asked if this was similar to the original and it is just an affirmation of the body of the Council. Mr. Bailey said they Council would be reaffirming the previous resolutions, and identifying factual circumstances that have changed since the last time Council took action on this matter. Ms. Hanna said there were additional copies of the proposed resolution available. Mayor Weiers asked if anyone would like to see a copy of the proposed resolution. Randy Miller, a Barrel resident, said Councilmember Turner recently introduced an item about transparency. He said they came prepared to speak on this item but the new resolution was just presented. He also said city staff and one Councilmember knows about this, but the rest of the Council is clueless. He asked how the Council can be transparent doing business in this way. He said this is a new low for a Council proceeding by saying they are going to vote on something and not let anyone speak on it. He explained that citizens didn't just vote for Councilmembers because they liked the casino. He said this is probably the most opaque thing that has happened in the city. Councilmember Sherwood said they are not doing anything different today than has City of Glendale Page 3 Printed on 2/11/2015 City Council Meeting Minutes-Final January 20,2015 already been done. He said they are reaffirming their position with the new Council. He said they are just reflecting new items that have come up with this issue. Mary O'Grady, a lawyer who works with the referendum committee, said the language is very different in the new Resolution. She spoke about the litigation and spoke about potential legal arguments. She said there is no need for an additional Resolution because it is covered by Resolution 4840, new Series. She said this new Resolution creates a lot of legal issues for the citizen referendum. She asked that if a Councilmember supports this, they simply state their support and not approve a new Resolution today. Mayor Weiers made a motion to table the item. The motion failed for lack of a second. Councilmember Turner said he was concerned about the last whereas paragraph in the new Resolution. He said it makes an affirmative statement that may not be the city's to make. He is also concerned that paragraph goes beyond the scope of the original Resolution they would be reaffirmation. • Councilmember Sherwood said Chairman Norris has stated in testimony before the Indian community that they would go forward with a lawsuit if something like that was to occur. He said that is where he got it from. He said a settlement was just reached by another tribal nation last fall for millions of dollars that gets paid by the taxpayers. Mayor Weiers was concerned they are doing the bidding of others and he doesn't think that is where the city should be. He is concerned about pushing legislation through again without consideration. He said they keep making the same things over and over without time to understand the complexities of all of this. Councilmember Aldama asked when the two bills are introduced, will the vote go in on the previous resolution as a 4 majority and if the vote on today's resolution will go in as it shows. Mr. Bailey said there was no reporting of the vote other than the minutes from the last action. This Resolution identifies what the vote will be on this specific resolution and will be reflected in the minutes as well. Councilmember Turner said he had some questions of the City Attorney and asked that Council enter into executive session to discuss those questions. A motion was made by Councilmember Turner, seconded by Councilmember Sherwood, to move into Executive Session. The motion carried with a unanimous vote. Meeting went into Recess. Meeting Reconvened. • Councilmember Turner said there was a motion and a second on the floor to accept the new Resolution. He asked to amend the motion to strike the final whereas paragraph. A motion was made by Councilmember Turner, seconded by Mayor Weiers to remove the last"whereas"paragraph from the resolution. The motion carried on a 6-1 vote with Councilmember Sherwood voting Nay. Mayor Weiers read the final whereas from the Resolution as follows: "whereas, enactment of such federal legislation would also create new legal claims by the Tohono O'odham City of Glendale Page 4 Printed on 2/11/2015 City Council Meeting Minutes-Final January 20,2015 nation against federal governments seeking compensation or taking of its property rights at its west valley reservation., and the American taxpayer, including taxpayers from Glendale and the west valley, would have to foot the bill for monetary damages awarded to the nation as a result, and this too would cause harm to Glendale and the west valley." Mr. Bailey said nothing is recorded in the minutes regarding the Resolution in the record, and he said taking out the paragraph Mayor Weiers just read, the clerk will not read that paragraph when she reads the resolution into the record. Mayor Weiers asked if they had to do a board vote or just a voice vote on that amendment. Mr. Bailey said it was up to him. Mayor Weiers asked for votes to remove the last paragraph of the resolution. The motion passed unanimously. Mayor Weiers said they would next be voting on the whole resolution with the last paragraph removed. Ms. Hanna read Resolution 4919 New Series into the record in its entirety. RESOLUTION NO. 4919 NEW SERIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY,ARIZONA, AFFIRMING ITS SUPPORT FOR THE TOHONO O'ODHAM NATION AND ITS WEST VALLEY RESORT AND OPPOSING FEDERAL LEGISLATION INTENDED TO BLOCK THIS IMPORTANT ECONOMIC DEVELOPMENT INVESTMENT AND RENEGE ON THE LAND AND WATER SETTLEMENT PROVISIONS PROMISED IN P.L. 99-503. WHEREAS, in 1986 President Reagan signed Public Law 99-503 into law to settle the Tohono O'odham Nation's claims against the federal government relating to the destruction of 9,980 acres of the Nation's reservation (and impairment of its related water rights)in the San Lucy District in Maricopa County near Gila Bend, this destruction having occurred as the result of the federal construction of the Painted Rock Dam;and WHEREAS, in P.L. 99-503 the United States promised to acquire new reservation land for the Tohono O'odham Nation in partial compensation for its land and water rights losses;and WHEREAS, the United States Department of the Interior has taken the Tohono O'odham Nation's property at 95th and Northern Avenues into trust, and pursuant to P.L. 99-503 that land is now part of the Nation's reservation;and WHEREAS, Glendale borders the Tohono O'odham Nation's West Valley Reservation and has been working with representatives of the Tohono O'odham Nation to engage the community, including residents and business owners;and WHEREAS, since it first announced its plans in 2009 the Tohono O'odham Nation actively and publicly has sought to work with local stakeholders, and as a result of that outreach has altered its site plan to construct the casino resort on the western border of the Nation's property at 95th Avenue to incorporate and address local community input; and City of Glendale Page 5 Printed on 2/11/2015 City Council Meeting Minutes-Final January 20,2015 WHEREAS, the Tohono O'odham Nation's West Valley Resort and Casino broke ground in August of 2014 and is under construction, already generating new employment and business development opportunities for our region, and ultimately will create thousands of construction jobs, thousands more permanent jobs, and hundreds of millions of dollars in annual economic benefits to the State of Arizona and local communities;and WHEREAS, the Department of the Interior and the Federal District Court for the District of Arizona both have confirmed the Nation's right under federal law and under its tribal-state gaming compact to use its West Valley Reservation for gaming purposes; and WHEREAS, there have been, and continue to be, various attempts to enact federal legislation which would prohibit the Tohono O'odham Nation from using its West Valley Reservation for the planned resort and casino project including S. 152 and H.R. 308 which were introduced in January of 2015;and WHEREAS, the City of Glendale has affirmed its support of the Tohono O'odham Nation's West Valley Resort Project and its opposition to such federal legislation by adopting Resolution No. 4783 New Series, Resolution No. 4828 New Series and Resolution No. 4840 New Series;and WHEREAS, enactment of S. 152 or H.R. 308 would unilaterally undermine the terms of P.L. 99-503 and abrogate the express terms of the Tohono O'odham Nation's tribal-state gaming compact;and WHEREAS, enactment of such legislation will cost the West Valley thousands of jobs and thwart the economic benefits associated with the unique entertainment asset that local governments in the West Valley long have been working to develop. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AS FOLLOWS: SECTION 1. By a vote of 6 to 1 the Mayor and Council of the City reaffirm Resolution No. 4783 New Series, Resolution No. 4828 New Series and Resolution No. 4840 New Series and adamantly oppose any federal legislation that would prevent or restrict gaming on the Tohono O'odham Nation's West Valley Reservation. SECTION 2. That the City Clerk is hereby authorized and directed to send a certified copy of this resolution to the members of the Arizona Federal delegation setting forth the • City of Glendale's official position. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Glendale, Maricopa County, Arizona, this 20th day of January, 2015. Mayor Weiers said they were back to the original motion after the amendment made by Councilmember Sherwood and seconded by Councilmember Chavira. There was no discussion on the motion. Councilmember Turner said he believed this issue had been thoroughly,publicly discussed over the past few years. He said they are simply ratifying action of the previous Council due to new legislation proposed in the US Senate and US House. He said citizens deserved to have the council's position accurately reflected in the record and with that, he voted aye. City of Glendale Page 6 Printed on 2/11/2015 City Council Meeting Minutes-Final. January 20,2015 The votes were cast. Mayor Weiers said the motion passed with six ayes and one nay. CITIZEN COMMENTS There were no Citizen Comments. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Sherwood said with all the media attention about the big games coming up, he wanted to remind everyone to take advantage of this attention. He said they need to do what they can to put a positive spin on this. He spoke about putting a positive note about not getting the funding to assist with public safety for these events. He said all the sports media will be there and they all need to take advantage of that, as this opportunity doesn't happen very often. He spoke about all the events going on at Westgate in addition to the Super Bowl. Mayor Weiers would like Council to hear an item about posting colors. He said the next meeting will be after the Super Bowl. He said they city is going to be under the spotlight and said if something does not look right,please report it. He said they want to make sure only good things happen during this time. Councilmember Aldama reminded residents he is hosting a community district meeting on urban irrigation on January 28, 2015 from 6 to 8 p.m. at the Glendale Woman's Club. ADJOURNMENT The meeting adjourned at 2:27 p.m. Pamela Ha na - City Clerk City of Glendale Page 7 Printed on 2/11/2015